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Full Text of HB3412  93rd General Assembly

HB3412sam001 93rd General Assembly


093_HB3412sam001











                                     LRB093 10270 JAM 17309 a

 1                    AMENDMENT TO HOUSE BILL 3412

 2        AMENDMENT NO.     .  Amend House Bill 3412  by  replacing
 3    the title with the following:
 4        "AN ACT concerning ethics."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7                             "ARTICLE 1
 8                         GENERAL PROVISIONS

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

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

 2        Section  1-10.  Applicability.   The  State Officials and
 3    Employees Ethics Act applies only to conduct that  occurs  on
 4    or  after  the  effective  date  of this Act and to causes of
 5    action that accrue on or after the  effective  date  of  this
 6    Act.

 7                              ARTICLE 5
 8                           ETHICAL CONDUCT

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

19        Section  5-10.  Ethics  training.    Each   officer   and
20    employee must complete, at least annually, an ethics training
21    program conducted by the appropriate ethics officer appointed
22    under  the  State Gift Ban Act.  Each ultimate jurisdictional
23    authority must implement an ethics training program  for  its
24    officers  and  employees.  A person who fills a vacancy in an
25    elective or appointed position that requires training  and  a
26    person  employed  in  a  position that requires training must
27    complete his or her initial ethics training within  6  months
28    after commencement of his or her office or employment.

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

 6        Section 5-20.  Public service announcements.
 7        (a)  Except  as  otherwise  provided  in this Section, no
 8    public service  announcement  or  advertisement  that  is  on
 9    behalf  of  any  State administered program and that contains
10    the image or voice of  any  executive  branch  constitutional
11    officer  or member of the General Assembly shall be broadcast
12    or aired on radio or television or printed in a newspaper  at
13    any  time  on  or  after  the date that the officer or member
14    files his or her nominating petitions for public  office  and
15    for  any time thereafter that the officer or member remains a
16    candidate for any office.
17        (b)  This Section does not apply to communications funded
18    through expenditures required to be reported under Article  9
19    of the Election Code.

20        Section 5-30.  Prohibited offer or promise. An officer or
21    employee   of  the  executive  or  legislative  branch  or  a
22    candidate for an executive or legislative branch  office  may
23    not  promise  anything  of value related to State government,
24    including but not limited to positions in  State  government,
25    promotions,  or  salary  increases,  in  consideration  for a
26    contribution to a political committee,  political  party,  or
27    other  entity  that  has as one of its purposes the financial
28    support of a candidate for elective office.
29        Nothing in this Section prevents the making or  accepting
30    of voluntary contributions otherwise in accordance with law.

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

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

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

28                             ARTICLE 15
29                      WHISTLE BLOWER PROTECTION

30        Section 15-5.  Definitions.  In this Article:
31        "Public body" means (1) any  officer,  member,  or  State
 
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 1    agency;  (2)  the  federal  government;  (3)  any  local  law
 2    enforcement  agency  or prosecutorial office; (4) any federal
 3    or State judiciary, grand  or  petit  jury,  law  enforcement
 4    agency,   or  prosecutorial  office;  and  (5)  any  officer,
 5    employee, department, agency, or other division of any of the
 6    foregoing.
 7        "Supervisor" means an  officer,  a  member,  or  a  State
 8    employee who has the authority to direct and control the work
 9    performance  of a State employee or who has authority to take
10    corrective action regarding any violation of a law, rule,  or
11    regulation of which the State employee complains.
12        "Retaliatory  action"  means  the  reprimand,  discharge,
13    suspension,  demotion,  or denial of promotion or transfer of
14    any State employee in the terms and conditions of employment,
15    and that is taken  in  retaliation  for  a  State  employee's
16    involvement  in  protected  activity, as set forth in Section
17    15-10.

18        Section 15-10.  Protected activity. An officer, a member,
19    or a State agency  shall  not  take  any  retaliatory  action
20    against  a State employee because the State employee does any
21    of the following:
22        (1)  Discloses or threatens to disclose to  a  supervisor
23    or  to  a public body an activity, policy, or practice of any
24    officer, member, State agency, or other State  employee  that
25    the  State  employee reasonably believes is in violation of a
26    law, rule, or regulation.
27        (2)  Provides information  to  or  testifies  before  any
28    public  body conducting an investigation, hearing, or inquiry
29    into any violation of a  law,  rule,  or  regulation  by  any
30    officer, member, State agency, or other State employee.
31        (3)  Assists  or  participates in a proceeding to enforce
32    the provisions of this Act.
 
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 1        Section 15-20.  Burden of  proof.  A  violation  of  this
 2    Article  may  be established only upon a finding that (i) the
 3    State employee engaged in conduct described in Section  15-10
 4    and  (ii)  that  conduct  was  a  contributing  factor in the
 5    retaliatory action alleged by the State employee.  It is  not
 6    a violation, however, if it is demonstrated that the officer,
 7    member,  other  State  employee,  or  State agency would have
 8    taken the same unfavorable personnel action in the absence of
 9    that conduct.

10        Section  15-25.  Remedies.  The  State  employee  may  be
11    awarded all remedies necessary to  make  the  State  employee
12    whole  and  to  prevent  future  violations  of this Article.
13    Remedies imposed by  the  court  may  include,  but  are  not
14    limited to, all of the following:
15        (1)  reinstatement  of  the  employee  to either the same
16    position  held  before  the  retaliatory  action  or  to   an
17    equivalent position;
18        (2)  2 times the amount of back pay;
19        (3)  interest on the back pay; and
20        (4)  the   reinstatement  of  full  fringe  benefits  and
21    seniority rights.

22        Section 15-35.  Preemption. Nothing in this Article shall
23    be deemed to diminish the rights, privileges, or remedies  of
24    a  State employee under any other federal or State law, rule,
25    or regulation or under any collective bargaining agreement or
26    employment contract.

27                             ARTICLE 50
28                              PENALTIES

29        Section 50-5.  Penalties.
30        (a)  A person is guilty of a Class A misdemeanor if  that
 
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 1    person  intentionally violates any provision of Section 5-15,
 2    5-30, 5-40, or 5-45 or Article 15.
 3        (b)  A person who intentionally violates any provision of
 4    Section 5-20 or Section 5-35 is guilty of a business  offense
 5    subject to a fine of at least $1,001 and up to $5,000.
 6        (c)  In  addition  to  any  other penalty that may apply,
 7    whether criminal or civil, a director,  a  supervisor,  or  a
 8    State  employee  who  intentionally violates any provision of
 9    Section 5-15, 5-20, 5-30, 5-35, or  5-40  or  Article  15  is
10    subject   to  discipline  or  discharge  by  the  appropriate
11    ultimate jurisdictional authority.

12                             ARTICLE 70
13                        GOVERNMENTAL ENTITIES

14        Section 70-5. Adoption by governmental entities.
15        (a)  Within 6 months after the  effective  date  of  this
16    Act,  each  governmental  entity  shall adopt an ordinance or
17    resolution that regulates, in a manner  no  less  restrictive
18    than  Section  5-15  of this Act, the political activities of
19    officers and employees of the governmental entity.
20        (b)  The Attorney General shall develop model  ordinances
21    and  resolutions  for  the  purpose of this Article and shall
22    advise governmental entities on their contents and adoption.
23        (c)  As used in this Article, (i) an "officer"  means  an
24    elected  or  appointed  official;  regardless  of whether the
25    official is compensated,  and  (ii)  an  "employee"  means  a
26    full-time, part-time, or contractual employee.

27        Section  70-10.  Penalties.  A  governmental  entity  may
28    provide  in  the  ordinance  or  resolution  required by this
29    Article for penalties similar to those provided in  this  Act
30    for similar conduct.
 
                            -16-     LRB093 10270 JAM 17309 a
 1        Section  70-15.  Home  rule preemption. This Article is a
 2    denial and limitation of home rule powers  and  functions  in
 3    accordance with subsection (i) of Section 6 of Article VII of
 4    the  Illinois Constitution. A home rule unit may not regulate
 5    the political activities of its officers and employees  in  a
 6    manner less restrictive than the provisions of this Act.

 7                             ARTICLE 90
 8                        AMENDATORY PROVISIONS

 9        Section  90-3.  The Illinois Administrative Procedure Act
10    is amended by adding Section 5-165 as follows:

11        (5 ILCS 100/5-165 new)
12        Sec. 5-165. Ex parte communications in rulemaking.
13        (a)  Notwithstanding  any  law  to  the  contrary,   this
14    Section  applies  to  ex parte communications made during the
15    rulemaking process.
16        (b)  "Ex parte communication" means any written  or  oral
17    communication  by  any person required to be registered under
18    the Lobbyist Registration Act  to  an  agency,  agency  head,
19    administrative law judge, or other agency employee during the
20    rulemaking   period  that  imparts  material  information  or
21    argument  regarding  potential  action  concerning   general,
22    emergency,  or  peremptory  rulemaking  under  this  Act. For
23    purposes of this Section, the rulemaking period  begins  upon
24    the  commencement  of the first notice period with respect to
25    general rulemaking under Section 5-40, upon the filing  of  a
26    notice  of  emergency  rulemaking under Section 5-45, or upon
27    the  filing  of  a  notice  of  rulemaking  with  respect  to
28    peremptory  rulemaking  under   Section   5-50.   "Ex   parte
29    communication" does not include the following: (i) statements
30    by  a person publicly made in a public forum; (ii) statements
31    regarding matters of procedure  and  practice,  such  as  the
 
                            -17-     LRB093 10270 JAM 17309 a
 1    format of public comments, the number of copies required, the
 2    manner   of  filing  such  comments,  and  the  status  of  a
 3    rulemaking proceeding; and (iii) statements made by  a  State
 4    official or State employee.
 5        (c)  An  ex  parte  communication  received by any agency
 6    head, agency employee, or administrative law judge  shall  be
 7    made  a  part  of  the  record  of the rulemaking proceeding,
 8    including all written communications, all  written  responses
 9    to the communications, and a memorandum stating the substance
10    of  all  oral  communications  and all responses made and the
11    identity of each person from whom the ex parte  communication
12    was  received.  The disclosure shall also contain the date of
13    any ex parte communication.

14        (5 ILCS 320/Act rep.)
15        Section 90-6.  The State Employees Political Activity Act
16    is repealed on the effective date of the State Officials  and
17    Employees Ethics Act.

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

20        (5 ILCS 420/Art. 3A heading new)

21                             ARTICLE 3A
22                       GOVERNMENTAL APPOINTEES

23        (5 ILCS 420/3A-5 new)
24        Sec. 3A-5.  Definitions.  As used in this Article:
25        "Late term appointee" means a person who is appointed  to
26    an  office  by  a  Governor  who  does not succeed himself or
27    herself as Governor, whose appointment  requires  the  advice
28    and consent of the Senate, and whose appointment is confirmed
29    by  the  Senate  90  or  fewer  days  before  the  end of the
30    appointing Governor's term.
 
                            -18-     LRB093 10270 JAM 17309 a
 1        "Succeeding  Governor"  means  the  Governor  in   office
 2    immediately  after  a  Governor  who  appoints  a  late  term
 3    appointee.

 4        (5 ILCS 420/3A-10 new)
 5        Sec.  3A-10.  Late  term  appointee's  term of office.  A
 6    late term appointee shall serve no longer than  the  sixtieth
 7    day of the term of office of the succeeding Governor.

 8        (5 ILCS 420/3A-15 new)
 9        Sec.  3A-15.  Vacancy  created.   Upon the earlier of the
10    resignation of a late term appointee or the conclusion of the
11    sixtieth day of the term of  the  succeeding  Governor,  that
12    appointed  office shall be considered vacant.  The succeeding
13    Governor may then make an appointment to fill  that  vacancy,
14    regardless  of whether the statute that creates the appointed
15    office provides for appointment to fill a vacancy.  All other
16    requirements of law applicable to that appointed office shall
17    apply to the succeeding Governor's appointee,  including  but
18    not  limited to eligibility, qualifications, and confirmation
19    by the Senate.

20        (5 ILCS 420/3A-20 new)
21        Sec. 3A-20.  Term of appointee.  The  term of  office  of
22    an  appointee  filling  a vacancy created under Section 3A-15
23    shall be the term of  any  appointee  filling  a  vacancy  as
24    provided  by  the  statute that creates the appointed office.
25    If the statute that creates the  appointed  office  does  not
26    specify  the  term  to  be  served  by an appointee filling a
27    vacancy, the term of the appointee shall be for the remainder
28    of the term the late term appointee would have otherwise been
29    entitled to fill.

30        (5 ILCS 420/3A-25 new)
 
                            -19-     LRB093 10270 JAM 17309 a
 1        Sec.  3A-25.  Reappointment.   Nothing  in  this  Article
 2    prohibits  a  succeeding  Governor   from   reappointing   an
 3    otherwise  qualified  late term appointee to fill the vacancy
 4    created under Section 3A-15.

 5        (5 ILCS 420/3A-30 new)
 6        Sec. 3A-30.  Disclosure.
 7        (a)  Upon appointment to a board, commission,  authority,
 8    or  task  force  authorized or created by State law, a person
 9    must file with the Secretary of State  a  disclosure  of  all
10    contracts the person or his or her spouse or immediate family
11    members  living  with  the person have with the State and all
12    contracts between the State  and  any  entity  in  which  the
13    person  or  his  or  her  spouse  or immediate family members
14    living with the person have a majority financial interest.
15        (b)  Violation of this  Section  is  a  business  offense
16    punishable by a fine of $1,001.
17        (c)  The  Secretary  of  State  must  adopt rules for the
18    implementation   and   administration   of   this    Section.
19    Disclosures filed under this Section are public records.

20        (5 ILCS 420/3A-35 new)
21        Sec. 3A-35.  Conflicts of interests.
22        (a)  In  addition  to the provisions of subsection (a) of
23    Section  50-13  of  the  Illinois  Procurement  Code,  it  is
24    unlawful for an appointed  member  of  a  board,  commission,
25    authority,  or  task force authorized or created by State law
26    or by executive order of the  Governor,  the  spouse  of  the
27    appointee,  or  an  immediate  family member of the appointee
28    living in the appointee's residence  to  have  or  acquire  a
29    contract  or have or acquire a direct pecuniary interest in a
30    contract  with  the  State  that  relates   to   the   board,
31    commission, authority, or task force of which he or she is an
32    appointee during and for one year after the conclusion of the
 
                            -20-     LRB093 10270 JAM 17309 a
 1    person's term of office.
 2        (b)  If  (i)  a  person  subject  to  subsection  (a)  is
 3    entitled   to   receive   more  than  7  1/2%  of  the  total
 4    distributable   income   of   a   partnership,   association,
 5    corporation, or  other  business  entity  or  (ii)  a  person
 6    subject to subsection (a) together with his or her spouse and
 7    immediate  family  members  living in that person's residence
 8    are entitled to receive more than 15%, in the  aggregate,  of
 9    the total distributable income of a partnership, association,
10    corporation, or other business entity then it is unlawful for
11    that partnership, association, corporation, or other business
12    entity  to  have  or acquire a contract or a direct pecuniary
13    interest in a contract prohibited by  subsection  (a)  during
14    and for one year after the conclusion of the person's term of
15    office.

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

19        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
20        Sec. 9-1.5.  Expenditure defined
21        "Expenditure" means-
22             (1)  a   payment,   distribution,   purchase,  loan,
23        advance, deposit, or gift of money or anything of  value,
24        in  connection  with  the  nomination  for  election,  or
25        election,  of  any person to public office, in connection
26        with the election of  any  person  as  ward  or  township
27        committeeman in counties of 3,000,000 or more population,
28        or  in  connection  with  any  question of public policy.
29        "Expenditure"  also  includes  a  payment,  distribution,
30        purchase, loan, advance, deposit, or  gift  of  money  or
31        anything  of  value  that  constitutes  an electioneering
32        communication regardless of whether the communication  is
 
                            -21-     LRB093 10270 JAM 17309 a
 1        made  in  concert  or cooperation with or at the request,
 2        suggestion,  or   knowledge   of   the   candidate,   the
 3        candidate's authorized local political committee, a State
 4        political  committee,  or  any  of their agents. However,
 5        expenditure does not include -
 6             (a)  the use of real or personal  property  and  the
 7        cost  of  invitations,  food,  and beverages, voluntarily
 8        provided by an individual in rendering voluntary personal
 9        services on the  individual's  residential  premises  for
10        candidate-related  activities;  provided the value of the
11        service provided does not exceed an aggregate of $150  in
12        a reporting period;
13             (b)  the  sale  of  any food or beverage by a vendor
14        for use in a candidate's campaign at a charge  less  than
15        the normal comparable charge, if such charge for use in a
16        candidate's  campaign  is  at  least equal to the cost of
17        such food or beverage to the vendor.
18        (2)  a transfer of funds between political committees.
19    (Source: P.A. 89-405, eff. 11-8-95.)

20        (10 ILCS 5/9-1.14 new)
21        Sec. 9-1.14.  Electioneering communication defined.
22        (a)  "Electioneering  communication"   means,   for   the
23    purposes  of  this  Article,  any  form  of communication, in
24    whatever medium, including but  not  limited  to,  newspaper,
25    radio, television, or Internet communications, that refers to
26    a  clearly  identified  candidate,  candidates,  or political
27    party and is  made  within  (i)  60  days  before  a  general
28    election  for  the  office sought by the candidate or (ii) 30
29    days before a general primary election for the office  sought
30    by the candidate.
31        (b)  "Electioneering communication" does not include:
32             (1)  A  communication,  other than an advertisement,
33        appearing in  a  news  story,  commentary,  or  editorial
 
                            -22-     LRB093 10270 JAM 17309 a
 1        distributed through the facilities of any legitimate news
 2        organization,   unless   the   facilities  are  owned  or
 3        controlled by any political party,  political  committee,
 4        or candidate.
 5             (2)  A   communication  made  solely  to  promote  a
 6        candidate debate or forum that is made by or on behalf of
 7        the person sponsoring the debate or forum.
 8             (3)  A communication made as part of a  non-partisan
 9        activity  designed to encourage individuals to vote or to
10        register to vote.
11             (4)  A communication by  an  organization  operating
12        and remaining in good standing under Section 501(c)(3) of
13        the Internal Revenue Code of 1986.

14        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
15        Sec.  9-3.   Every  state  political  committee and every
16    local political committee shall file with the State Board  of
17    Elections,  and  every  local  political committee shall file
18    with the county clerk, a statement of organization within  10
19    business  days  of the creation of such committee, except any
20    political committee created within  the  30  days  before  an
21    election  shall  file  a  statement  of organization within 5
22    business days.  A political committee that  acts  as  both  a
23    state  political  committee  and  a local political committee
24    shall file a copy of each statement of organization with  the
25    State  Board  of  Elections  and  the county clerk. The Board
26    shall impose a civil penalty of $25  per  business  day  upon
27    political  committees for failing to file or late filing of a
28    statement of organization, except that for committees  formed
29    to support candidates for statewide office, the civil penalty
30    shall  be  $50  per  business  day.  Such penalties shall not
31    exceed $5,000, and shall not  exceed  $10,000  for  statewide
32    office  political  committees.  There shall be no fine if the
33    statement is mailed and postmarked at least 72 hours prior to
 
                            -23-     LRB093 10270 JAM 17309 a
 1    the filing deadline.
 2        In addition to the civil  penalties  authorized  by  this
 3    Section,  the  State Board of Elections or any other affected
 4    political committee may apply to  the  circuit  court  for  a
 5    temporary  restraining  order  or  a preliminary or permanent
 6    injunction against  the  political  committee  to  cease  the
 7    expenditure  of  funds  and  to  cease  operations  until the
 8    statement of organization is filed.
 9        For the purpose of this Section, "statewide office" means
10    the  Governor,  Lieutenant  Governor,  Secretary  of   State,
11    Attorney General, State Treasurer, and State Comptroller.
12        The statement of organization shall include -
13        (a)  the name and address of the political committee (the
14    name  of the political committee must include the name of any
15    sponsoring entity);
16        (b)  the scope,  area  of  activity,  party  affiliation,
17    candidate  affiliation  and  his  county  of  residence,  and
18    purposes of the political committee;
19        (c)  the name, address, and position of each custodian of
20    the committee's books and accounts;
21        (d)  the  name,  address, and position of the committee's
22    principal officers, including the  chairman,  treasurer,  and
23    officers and members of its finance committee, if any;
24        (e)  (Blank);
25        (f)  a statement of what specific disposition of residual
26    fund  will  be  made  in  the  event  of  the  dissolution or
27    termination of the committee;
28        (g)  a  listing  of  all   banks   or   other   financial
29    institutions,   safety   deposit   boxes,   and   any   other
30    repositories or custodians of funds used by the committee;
31        (h)  the   amount   of   funds   available  for  campaign
32    expenditures  as  of  the  filing  date  of  the  committee's
33    statement of organization.
34        For purposes of this Section, a  "sponsoring  entity"  is
 
                            -24-     LRB093 10270 JAM 17309 a
 1    (i)    any   person,   political   committee,   organization,
 2    corporation, or association that contributes at least 33%  of
 3    the  total  funding  of  the  political committee or (ii) any
 4    person or other entity that is registered or is  required  to
 5    register  under the Lobbyist Registration Act and contributes
 6    at least 33% of the total funding of the political committee.
 7    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

 8        (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
 9        Sec. 9-4.  The statement of organization required by this
10    Article to be filed in accordance with Section 9-3  shall  be
11    verified,  dated,  and  signed by either the treasurer of the
12    political committee making the statement or the candidate  on
13    whose  behalf  the  statement  is  made,  and  shall  contain
14    substantially the following:
15                      STATEMENT OF ORGANIZATION
16        (a)  name and address of the political committee:
17    .............................................................
18        (b)  scope,   area   of   activity,   party  affiliation,
19    candidate  affiliation  and  his  county  of  residence,  and
20    purposes of the political committee:
21    .............................................................
22    .............................................................
23    .............................................................
24    .............................................................
25        (c)  name, address, and position of each custodian of the
26    committee's books and accounts:
27    .............................................................
28    .............................................................
29        (d)  name,  address,  and  position  of  the  committee's
30    principal officers, including the  chairman,  treasurer,  and
31    officers and members of its finance committee, if any:
32    .............................................................
33    .............................................................
 
                            -25-     LRB093 10270 JAM 17309 a
 1    .............................................................
 2        (e)   a   statement   of  what  specific  disposition  of
 3    residual funds will be made in the event of  the  dissolution
 4    or termination of the committee:
 5    .............................................................
 6    .............................................................
 7        (f)   a   listing   of   all  banks  or  other  financial
 8    institutions,   safety   deposit   boxes,   and   any   other
 9    repositories or custodians of funds used by the committee:
10    .............................................................
11    .............................................................
12        (g)   the  amount  of  funds   available   for   campaign
13    expenditures  as  of  the  filing  date  of  the  committee's
14    statement of organization:
15    .............................................................
16                            VERIFICATION:
17        "I declare that this statement of organization (including
18    any  accompanying schedules and statements) has been examined
19    by me and to the best of my knowledge and belief is  a  true,
20    correct and complete statement of organization as required by
21    Article 9 of The Election Code. I understand that the penalty
22    for  willfully  filing  a  false or incomplete statement is a
23    business offense subject to a fine of at least $1,001 and  up
24    to  $5,000 shall be a fine not to exceed $500 or imprisonment
25    in a penal institution other than  the  penitentiary  not  to
26    exceed 6 months, or both fine and imprisonment."
27    ................  ..........................................
28    (date of filing)  (signature of person making the statement)
29    (Source: P.A. 90-495, eff. 1-1-98.)

30        (10 ILCS 5/9-8.10)
31        Sec.  9-8.10.   Use  of  political  committee  and  other
32    reporting organization funds.
33        (a)  A  political  committee,  or organization subject to
 
                            -26-     LRB093 10270 JAM 17309 a
 1    Section 9-7.5, shall not make expenditures:
 2             (1)  In violation of any law of the United States or
 3        of this State.
 4             (2)  Clearly in excess of the fair market  value  of
 5        the  services, materials, facilities,  or other things of
 6        value received in exchange.
 7             (3)  For satisfaction  or  repayment  of  any  debts
 8        other  than loans made to the  committee or to the public
 9        official or candidate  on  behalf  of  the  committee  or
10        repayment   of   goods  and  services  purchased  by  the
11        committee under a  credit  agreement.   Nothing  in  this
12        Section  authorizes  the  use  of campaign funds to repay
13        personal loans.  The repayments shall be  made  by  check
14        written  to  the  person  who  made  the  loan  or credit
15        agreement.  The terms  and  conditions  of  any  loan  or
16        credit  agreement  to a committee shall be set forth in a
17        written agreement,  including  but  not  limited  to  the
18        method and amount of repayment, that shall be executed by
19        the chairman or treasurer of the committee at the time of
20        the  loan  or  credit  agreement.   The loan or agreement
21        shall also set forth the rate of interest for  the  loan,
22        if any, which may not substantially exceed the prevailing
23        market  interest  rate  at  the  time  the  agreement  is
24        executed.
25             (4)  For  the satisfaction or repayment of any debts
26        or for the payment of any expenses relating to a personal
27        residence. Campaign funds may not be used  as  collateral
28        for home mortgages.
29             (5)  For  clothing  or  personal  laundry  expenses,
30        except  clothing  items  rented by the public official or
31        candidate for his  or  her  own  use  exclusively  for  a
32        specific campaign-related event, provided that committees
33        may   purchase   costumes,   novelty   items,   or  other
34        accessories worn primarily to advertise the candidacy.
 
                            -27-     LRB093 10270 JAM 17309 a
 1             (6)  For the travel expenses of  any  person  unless
 2        the  travel  is  necessary  for fulfillment of political,
 3        governmental, or public  policy  duties,  activities,  or
 4        purposes.
 5             (7)  For   membership   or   club  dues  charged  by
 6        organizations, clubs, or facilities  that  are  primarily
 7        engaged  in  providing  health, exercise, or recreational
 8        services; provided, however, that  funds  received  under
 9        this  Article may be used to rent the clubs or facilities
10        for a specific campaign-related event.
11             (8)  In  payment  for  anything  of  value  or   for
12        reimbursement of any expenditure for which any person has
13        been  reimbursed by the State or any person. For purposes
14        of  this  item  (8),  a  per  diem  allowance  is  not  a
15        reimbursement.
16             (9)  For the purchase of or installment payment  for
17        a  motor  vehicle  unless  the  political  committee  can
18        demonstrate  that  purchase  of  a  motor vehicle is more
19        cost-effective than leasing a motor vehicle as  permitted
20        under  this item (9).  A political committee may lease or
21        purchase and insure, maintain, and repair a motor vehicle
22        if the  vehicle  will  be  used  primarily  for  campaign
23        purposes  or  for the performance of governmental duties.
24        A committee shall not make expenditures for  use  of  the
25        vehicle  for  non-campaign  or non-governmental purposes.
26        Persons using vehicles  not  purchased  or  leased  by  a
27        political  committee may be reimbursed for actual mileage
28        for the use of the vehicle for campaign purposes  or  for
29        the  performance  of  governmental  duties.   The mileage
30        reimbursements shall be made at a rate not to exceed  the
31        standard  mileage rate method for computation of business
32        expenses under the Internal Revenue Code.
33             (10)  Directly for an individual's tuition or  other
34        educational   expenses,   except   for   governmental  or
 
                            -28-     LRB093 10270 JAM 17309 a
 1        political purposes directly related to a  candidate's  or
 2        public official's duties and responsibilities.
 3             (11)  For payments to a public official or candidate
 4        or  his  or her family member unless for compensation for
 5        services actually rendered by that person. The provisions
 6        of this item (11) do  not  apply  to  expenditures  by  a
 7        political  committee in an aggregate amount not exceeding
 8        the amount of funds reported  to  and  certified  by  the
 9        State  Board  or county clerk as available as of June 30,
10        1998, in the  semi-annual  report  of  contributions  and
11        expenditures  filed  by  the  political committee for the
12        period concluding June 30, 1998.
13        (b)  The Board shall have the authority  to  investigate,
14    upon  receipt  of  a  verified  complaint,  violations of the
15    provisions of this Section.  The Board may levy a fine on any
16    person who knowingly makes expenditures in violation of  this
17    Section and on any person who knowingly makes a malicious and
18    false  accusation  of  a violation of this Section. The Board
19    may act under this subsection only upon the affirmative  vote
20    of at least 5 of its members.  The fine shall not exceed $500
21    for each expenditure of $500 or less and shall not exceed the
22    amount  of  the  expenditure  plus  $500 for each expenditure
23    greater than $500.  The Board shall also have  the  authority
24    to  render  rulings and issue opinions relating to compliance
25    with this Section.
26        (c)  Nothing in this Section prohibits the expenditure of
27    funds  of  (i)  a  political  committee  controlled   by   an
28    officeholder  or  by  a  candidate  or  (ii)  an organization
29    subject to Section 9-7.5 to defray the ordinary and necessary
30    expenses  of  an  officeholder   in   connection   with   the
31    performance  of governmental duties. For the purposes of this
32    subsection, "ordinary and necessary  expenses"  include,  but
33    are  not limited to, expenses in relation to the operation of
34    the district office of a member of the General Assembly.
 
                            -29-     LRB093 10270 JAM 17309 a
 1    (Source: P.A. 90-737, eff. 1-1-99.)

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

31        (10 ILCS 5/9-9.5)
32        Sec.   9-9.5.  Disclosures  in  political  communications
 
                            -30-     LRB093 10270 JAM 17309 a
 1    Disclosure on political literature. Any political  committee,
 2    organized  under the Election Code, that makes an expenditure
 3    for a pamphlet, circular,  handbill,  radio,  television,  or
 4    print  advertisement,  or  other  communication  directed  at
 5    voters  and  mentioning  the  name of a candidate in the next
 6    upcoming election shall ensure that the name of the political
 7    committee  paying  for  any  part   of   the   communication,
 8    including,   but   not   limited   to,  its  preparation  and
 9    distribution, is identified clearly within the  communication
10    as  the  payor. This Section does not apply to items that are
11    too small to contain the required disclosure.  Any  pamphlet,
12    circular,   handbill,   advertisement,   or  other  political
13    literature that supports  or  opposes  any  public  official,
14    candidate for public office, or question of public policy, or
15    that  would  have  the  effect  of supporting or opposing any
16    public official, candidate for public office, or question  of
17    public  policy,  shall  contain the name of the individual or
18    organization that authorized, caused to be  authorized,  paid
19    for,  caused  to  be  paid  for, or distributed the pamphlet,
20    circular,  handbill,  advertisement,   or   other   political
21    literature.  If  the  individual  or organization includes an
22    address, it must be an actual personal or business address of
23    the individual or business address of the organization.
24    (Source: P.A. 90-737, eff. 1-1-99.)

25        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
26        Sec. 9-10.  Financial reports.
27        (a)  The treasurer of every state political committee and
28    the treasurer of every local political committee  shall  file
29    with  the  Board,  and the treasurer of every local political
30    committee shall  file  with  the  county  clerk,  reports  of
31    campaign  contributions,  and semi-annual reports of campaign
32    contributions and expenditures on forms to be  prescribed  or
33    approved  by  the  Board.   The  treasurer of every political
 
                            -31-     LRB093 10270 JAM 17309 a
 1    committee that acts as both a state political committee and a
 2    local political committee shall file a copy  of  each  report
 3    with  the  State  Board  of  Elections  and the county clerk.
 4    Entities subject to Section 9-7.5 shall file reports required
 5    by that Section at times provided in  this  Section  and  are
 6    subject to the penalties provided in this Section.
 7        (b)  Reports  of campaign contributions shall be filed no
 8    later  than  the  15th  day  next  preceding  each   election
 9    including  a  primary  election  in connection with which the
10    political   committee   has   accepted   or   is    accepting
11    contributions  or  has  made or is making expenditures.  Such
12    reports shall be complete as of the 30th day  next  preceding
13    each  election including a primary election.  The Board shall
14    assess a civil penalty not to exceed $5,000 for  a  violation
15    of  this  subsection,  except  that  for  State  officers and
16    candidates and  political  committees  formed  for  statewide
17    office,  the  civil penalty may not exceed $10,000. The fine,
18    however, shall not exceed $500 for a first  filing  violation
19    for  filing less than 10 days after the deadline. There shall
20    be no fine if the report is mailed and postmarked at least 72
21    hours prior to the filing deadline. For the purpose  of  this
22    subsection,  "statewide office" and "State officer" means the
23    Governor, Lieutenant Governor, Attorney General, Secretary of
24    State, Comptroller, and  Treasurer.   However,  a  continuing
25    political  committee  that  neither accepts contributions nor
26    makes expenditures on behalf  of  or  in  opposition  to  any
27    candidate  or  public  question  on the ballot at an election
28    shall  not  be  required  to  file  the  reports   heretofore
29    prescribed  but  may  file  in  lieu  thereof  a Statement of
30    Nonparticipation in the Election with the Board or the  Board
31    and the county clerk.
32        (b-5)  Notwithstanding  the  provisions of subsection (b)
33    and Section 1.25 of the Statute on Statutes, any contribution
34    of more than $500 or more received in the interim between the
 
                            -32-     LRB093 10270 JAM 17309 a
 1    last date of the period covered  by  the  last  report  filed
 2    under  subsection  (b)  prior to the election and the date of
 3    the election  shall  be  filed  with  and  must  actually  be
 4    received  by  the  State Board of Elections reported within 2
 5    business days after its receipt  of  such  contribution.  The
 6    State  Board  shall allow filings of reports of contributions
 7    of more than $500 under this subsection  (b-5)  by  political
 8    committees that are not required to file electronically to be
 9    made  by  facsimile  transmission.  For  the  purpose of this
10    subsection, a contribution is considered received on the date
11    the public official, candidate, or  political  committee  (or
12    equivalent  person  in  the  case of a reporting entity other
13    than a political committee) actually receives it or,  in  the
14    case of goods or services, 2 business days after the date the
15    public  official,  candidate,  committee,  or other reporting
16    entity receives the certification required  under  subsection
17    (b) of Section 9-6.  Failure to report each contribution is a
18    separate   violation   of  this  subsection.   In  the  final
19    disposition of any matter  by  the  Board  on  or  after  the
20    effective  date  of  this  amendatory Act of the 93rd General
21    Assembly, the Board may shall impose fines for violations  of
22    this subsection not to exceed 100% of the total amount of the
23    contributions  that  were  untimely  reported, but in no case
24    when a fine is imposed shall it be less than 10% of the total
25    amount of the contributions that were untimely reported. When
26    considering the amount of the fine to be imposed,  the  Board
27    shall consider, but is not limited to, the following factors:
28             (1)  whether  in  the  Board's opinion the violation
29        was committed inadvertently, negligently,  knowingly,  or
30        intentionally;
31             (2)  the   number   of  days  the  contribution  was
32        reported late; and
33             (3)  past violations of Sections  9-3  and  9-10  of
34        this Article by the committee.  as follows:
 
                            -33-     LRB093 10270 JAM 17309 a
 1             (1)  if the political committee's or other reporting
 2        entity's  total receipts, total expenditures, and balance
 3        remaining at the end of the last  reporting  period  were
 4        each  $5,000  or less, then $100 per business day for the
 5        first violation, $200 per business  day  for  the  second
 6        violation,  and  $300  per business day for the third and
 7        subsequent violations.
 8             (2)  if the political committee's or other reporting
 9        entity's total receipts, total expenditures, and  balance
10        remaining  at  the  end of the last reporting period were
11        each more than $5,000, then $200 per business day for the
12        first violation, $400 per business  day  for  the  second
13        violation,  and  $600  per business day for the third and
14        subsequent violations.
15        (c)  In addition to such reports the treasurer  of  every
16    political   committee   shall  file  semi-annual  reports  of
17    campaign contributions and expenditures no  later  than  July
18    31st,  covering the period from January 1st through June 30th
19    immediately  preceding,  and  no  later  than  January  31st,
20    covering the period from July 1st through  December  31st  of
21    the  preceding  calendar  year.  Reports of contributions and
22    expenditures must be  filed  to  cover  the  prescribed  time
23    periods even though no contributions or expenditures may have
24    been  received  or  made  during  the period. The Board shall
25    assess a civil penalty not to exceed $5,000 for  a  violation
26    of  this  subsection,  except  that  for  State  officers and
27    candidates and  political  committees  formed  for  statewide
28    office,  the  civil penalty may not exceed $10,000. The fine,
29    however, shall not exceed $500 for a first  filing  violation
30    for  filing less than 10 days after the deadline. There shall
31    be no fine if the report is mailed and postmarked at least 72
32    hours prior to the filing deadline. For the purpose  of  this
33    subsection,  "statewide office" and "State officer" means the
34    Governor, Lieutenant Governor, Attorney General, Secretary of
 
                            -34-     LRB093 10270 JAM 17309 a
 1    State, Comptroller, and Treasurer.
 2        (d)  A copy of each report or statement filed under  this
 3    Article  shall  be  preserved  by  the person filing it for a
 4    period of two years from the date of filing.
 5    (Source: P.A. 90-737, eff. 1-1-99.)

 6        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
 7        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
 8    has issued an order, or has approved a  written  stipulation,
 9    agreed  settlement  or  consent  order,  directing  a  person
10    determined  by  the Board to be in violation of any provision
11    of this Article or  any  regulation  adopted  thereunder,  to
12    cease or correct such violation or otherwise comply with this
13    Article  and such person fails or refuses to comply with such
14    order, stipulation, settlement or consent  order  within  the
15    time  specified  by  the  Board,  the  Board, after affording
16    notice and an opportunity for a public hearing, may impose  a
17    civil  penalty  on  such  person  in  an amount not to exceed
18    $5,000; except that for State  officers  and  candidates  and
19    political  committees  formed for statewide office, the civil
20    penalty may not exceed $10,000.   For  the  purpose  of  this
21    Section,  "statewide  office"  and  "State officer" means the
22    Governor, Lieutenant Governor, Attorney General, Secretary of
23    State, Comptroller, and Treasurer.
24        Civil penalties imposed on any such person by  the  Board
25    shall  be  enforceable in the Circuit Court.  The Board shall
26    petition the Court for an order to enforce collection of  the
27    penalty  and, if the Court finds it has jurisdiction over the
28    person against whom the penalty was imposed, the Court  shall
29    issue  the  appropriate order.  Any civil penalties collected
30    by the Court shall be forwarded to the State Treasurer.
31        In addition to or in lieu of the imposition  of  a  civil
32    penalty,  the board may report such violation and the failure
33    or refusal to comply with the  order  of  the  Board  to  the
 
                            -35-     LRB093 10270 JAM 17309 a
 1    Attorney General and the appropriate State's Attorney.
 2        The  name  of  a  person who has not paid a civil penalty
 3    imposed against him or  her  under  this  Section  shall  not
 4    appear  upon  any ballot for any office in any election while
 5    the penalty is unpaid.
 6    (Source: P.A. 90-737, eff. 1-1-99.)

 7        (10 ILCS 5/9-27.5)
 8        Sec. 9-27.5.  Fundraising in Sangamon  County  within  50
 9    miles  of Springfield.  In addition to any other provision of
10    this Code, fundraising events in Sangamon County  by  certain
11    executive  branch officers and candidates, legislative branch
12    members and candidates,  political  caucuses,  and  political
13    committees  are  subject to the State Officials and Employees
14    Ethics Act. If a political committee receives and  retains  a
15    contribution  that  is  in  violation  of Section 5-40 of the
16    State Officials and Employees  Ethics  Act,  then  the  State
17    Board   may  impose  a  civil  penalty  upon  that  political
18    committee in an amount equal to 100%  of  that  contribution.
19    Except  as  provided  in  this  Section, any executive branch
20    constitutional officer, any candidate for an executive branch
21    constitutional office, any member of  the  General  Assembly,
22    any  candidate for the General Assembly, any political caucus
23    of the General Assembly, or any political committee on behalf
24    of any of the foregoing may not hold a  fundraising  function
25    in  or  within  50  miles  of  Springfield  on  any  day  the
26    legislature  is in session (i) during the period beginning 90
27    days before the later of the dates scheduled by either  house
28    of  the  General  Assembly  for the adjournment of the spring
29    session and ending on the later  of  the  actual  adjournment
30    dates  of  either house of the spring session and (ii) during
31    fall  veto  session.  For  purposes  of  this  Section,   the
32    legislature  is not considered to be in session on a day that
33    is solely a perfunctory session day or on a day when  only  a
 
                            -36-     LRB093 10270 JAM 17309 a
 1    committee is meeting.
 2        This  Section  does  not  apply  to members and political
 3    committees of members of the General Assembly whose districts
 4    are located, in whole or in part, in or within  50  miles  of
 5    Springfield   and  candidates  and  political  committees  of
 6    candidates for the General Assembly from  districts  located,
 7    in  whole  or  in part, in or within 50 miles of Springfield,
 8    provided that the fundraising function takes place within the
 9    member's or candidate's district.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        (10 ILCS 5/9-30 new)
12        Sec. 9-30.  Ballot forfeiture.  The name of a person  who
13    has not paid a civil penalty imposed against him or her under
14    this  Article shall not appear upon any ballot for any office
15    in any election while the penalty is unpaid.

16        Section 90-11.  The Personnel Code is amended by changing
17    Section 8b as follows:

18        (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
19        Sec. 8b.6.  For a period of probation not to  exceed  one
20    year  before appointment or promotion is complete, and during
21    which period a  probationer  may  with  the  consent  of  the
22    Director  of  Central  Management  Services, be discharged or
23    reduced in class or rank, or replaced on the  eligible  list.
24    For  a  person  appointed to a term appointment under Section
25    8b.18 or 8b.19, the period of probation  shall  not  be  less
26    than 6 months.
27    (Source: P.A. 82-789.)

28        Section  90-12.  The  General  Assembly Operations Act is
29    amended by changing Sections 4 and 5 as follows:
 
                            -37-     LRB093 10270 JAM 17309 a
 1        (25 ILCS 10/4) (from Ch. 63, par. 23.4)
 2        Sec. 4.  Senate Operations Commission.
 3        (a)  There is created a Senate Operations  Commission  to
 4    consist  of  the  following:  The  President of the Senate, 3
 5    Assistant  Majority  Leaders,  the   Minority   Leader,   one
 6    Assistant  Minority  Leader,  and  one  member  of the Senate
 7    appointed  by  the  President  of  the  Senate.  The   Senate
 8    Operations  Commission  shall  have  the following powers and
 9    duties:  Commission  shall  have   responsibility   for   the
10    operation  of  the Senate in relation to the Senate Chambers,
11    Senate offices, committee  rooms  and  all  other  rooms  and
12    physical  facilities  used  by  the  Senate,  all  equipment,
13    furniture,  and  supplies  used by the Senate. The Commission
14    shall have the authority to hire all professional  staff  and
15    employees  necessary  for  the proper operation of the Senate
16    and authority to receive and expend  appropriations  for  the
17    purposes  set  forth in this Act whether the General Assembly
18    be in session or not. Professional staff and employees may be
19    employed as  full-time  employees,  part-time  employees,  or
20    contractual  employees.  The  Secretary  of  the Senate shall
21    serve  as  Secretary  and  Administrative  Officer   of   the
22    Commission.  Pursuant  to  the  policies and direction of the
23    Commission,  he  shall  have  direct   supervision   of   all
24    equipment, furniture, and supplies used by the Senate.
25        (b)  The  Senate  Operations  Commission  shall adopt and
26    implement  personnel  policies  for  professional  staff  and
27    employees under its jurisdiction and control as  required  by
28    the State Officials and Employees Ethics Act.
29    (Source: P.A. 78-7.)

30        (25 ILCS 10/5) (from Ch. 63, par. 23.5)
31        Sec. 5.  Speaker of the House; operations, employees, and
32    expenditures.
33        (a)  The  Speaker  of  the House of Representatives shall
 
                            -38-     LRB093 10270 JAM 17309 a
 1    have  responsibility  for  the  operation  of  the  House  in
 2    relation to the  House  Chambers,  House  offices,  committee
 3    rooms and all other rooms and physical facilities used by the
 4    House,  all  equipment,  furniture,  and supplies used by the
 5    House. The Speaker of the House of Representatives shall have
 6    the authority to hire all professional  staff  and  employees
 7    necessary for the proper operation of the House. Professional
 8    staff  and  employees may be employed as full-time employees,
 9    part-time employees, or contractual employees. The Speaker of
10    the House of Representatives  shall  have  the  authority  to
11    receive  and expend appropriations for the purposes set forth
12    in this Act whether the General Assembly  be  in  session  or
13    not.
14        (b)  The  Speaker  of  the House of Representatives shall
15    adopt and implement personnel policies for professional staff
16    and employees under his or her jurisdiction  and  control  as
17    required by the State Officials and Employees Ethics Act.
18    (Source: Laws 1967, p. 1214.)

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

21        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
22        Sec. 4.  Office allowance.  Beginning July 1, 2001,  each
23    member  of  the  House  of  Representatives  is authorized to
24    approve the expenditure of not more than $61,000 per year and
25    each member of  the  Senate  is  authorized  to  approve  the
26    expenditure  of  not  more  than  $73,000 per year to pay for
27    "personal services", "contractual  services",  "commodities",
28    "printing",  "travel",  "operation  of automotive equipment",
29    "telecommunications  services",  as  defined  in  the   State
30    Finance  Act, and the compensation of one or more legislative
31    assistants authorized pursuant to this Section, in connection
32    with his or her legislative duties and not in connection with
 
                            -39-     LRB093 10270 JAM 17309 a
 1    any political campaign. On July 1, 2002 and on July 1 of each
 2    year thereafter, the amount authorized per  year  under  this
 3    Section  for each member of the Senate and each member of the
 4    House of Representatives shall be increased by  a  percentage
 5    increase  equivalent to the lesser of (i) the increase in the
 6    designated cost of living index or (ii) 5%.   The  designated
 7    cost  of  living  index is the index known as the "Employment
 8    Cost Index, Wages and Salaries, By  Occupation  and  Industry
 9    Groups:   State   and   Local   Government   Workers:  Public
10    Administration"  as  published  by  the   Bureau   of   Labor
11    Statistics  of  the U.S. Department of Labor for the calendar
12    year immediately preceding the year of  the  respective  July
13    1st  increase  date.  The increase shall be added to the then
14    current amount, and the adjusted amount so  determined  shall
15    be  the  annual  amount beginning July 1 of the increase year
16    until July 1 of  the  next  year.   No  increase  under  this
17    provision shall be less than zero.
18        A  member  may  purchase  office  equipment if the member
19    certifies to the Secretary of the Senate or the Clerk of  the
20    House,  as  applicable, that the purchase price, whether paid
21    in lump sum or installments, amounts to less  than  would  be
22    charged  for  renting  or  leasing  the  equipment  over  its
23    anticipated   useful   life.   All  such  equipment  must  be
24    purchased through the Secretary of the Senate or the Clerk of
25    the House,  as  applicable,  for  proper  identification  and
26    verification of purchase.
27        Each  member  of  the  General  Assembly is authorized to
28    employ one or  more  legislative  assistants,  who  shall  be
29    solely  under  the  direction and control of that member, for
30    the purpose of assisting the member in the performance of his
31    or her official  duties.   A  legislative  assistant  may  be
32    employed  pursuant  to  this Section as a full-time employee,
33    part-time employee,  or  contractual  employee  either  under
34    contract  or  as  a  State employee, at the discretion of the
 
                            -40-     LRB093 10270 JAM 17309 a
 1    member.  If employed  as  a  State  employee,  a  legislative
 2    assistant shall receive employment benefits on the same terms
 3    and  conditions  that apply to other employees of the General
 4    Assembly. Each member shall  adopt  and  implement  personnel
 5    policies   for   legislative  assistants  under  his  or  her
 6    direction and control relating  to  work  time  requirements,
 7    documentation  for reimbursement for travel on official State
 8    business, compensation, and the earning and accrual of  State
 9    benefits for those legislative assistants who may be eligible
10    to  receive  those  benefits. The policies shall also require
11    legislative assistants to  periodically  submit  time  sheets
12    documenting,  in quarter-hour increments, the time spent each
13    day on official State business.  The policies  shall  require
14    the  time sheets to be submitted on paper, electronically, or
15    both and to be  maintained  in  either  paper  or  electronic
16    format  by  the  applicable  fiscal office for a period of at
17    least 2 years. Contractual employees  may  satisfy  the  time
18    sheets  requirement  by  complying  with  the  terms of their
19    contract, which shall provide for a means of compliance  with
20    this  requirement.   A member may satisfy the requirements of
21    this paragraph by adopting  and  implementing  the  personnel
22    policies  promulgated  by  that  member's  legislative leader
23    under the State  Officials  and  Employees  Ethics  Act  with
24    respect to that member's legislative assistants.
25        As  used  in  this  Section  the term "personal services"
26    shall include contributions of the State  under  the  Federal
27    Insurance  Contribution  Act  and  under  Article  14  of the
28    Illinois Pension Code.  As used  in  this  Section  the  term
29    "contractual services" shall not include improvements to real
30    property  unless those improvements are the obligation of the
31    lessee under the lease agreement.  Beginning July 1, 1989, as
32    used in the Section, the term "travel" shall  be  limited  to
33    travel  in  connection with a member's legislative duties and
34    not in connection with any political campaign.  Beginning  on
 
                            -41-     LRB093 10270 JAM 17309 a
 1    the effective date of this amendatory Act of the 93rd General
 2    Assembly  July  1,  1989,  as  used in this Section, the term
 3    "printing" includes, but  is  not  limited  to,  newsletters,
 4    brochures,  certificates,  congratulatory mailings, including
 5    but not limited to greeting or welcome messages,  anniversary
 6    or   birthday   cards,   and  congratulations  for  prominent
 7    achievement  cards.   As  used  in  this  Section,  the  term
 8    "printing"  includes  fees  for  non-substantive  resolutions
 9    charged by the Clerk of the House  of  Representatives  under
10    subsection  (c-5)  of  Section 1 of the Legislative Materials
11    Act. No newsletter or brochure that is paid for, in whole  or
12    in  part,  with  funds  provided  under  this  Section may be
13    printed or mailed during a period beginning February 1 of the
14    year of a general primary election and ending the  day  after
15    the  general  primary  election and during a period beginning
16    September 1 of the year of a general election and ending  the
17    day after the general election. Nothing in this Section shall
18    be  construed to authorize expenditures for lodging and meals
19    while a member is in attendance at sessions  of  the  General
20    Assembly.
21        Any  utility  bill  for  service  provided  to a member's
22    district  office  for  a  period  including  portions  of   2
23    consecutive  fiscal years may be paid from funds appropriated
24    for such expenditure in either fiscal year.
25        If  a  vacancy  occurs  in  the  office  of  Senator   or
26    Representative  in the General Assembly, any office equipment
27    in the possession of the vacating member  shall  transfer  to
28    the  member's  successor; if the successor does not want such
29    equipment, it shall be transferred to the  Secretary  of  the
30    Senate  or Clerk of the House of Representatives, as the case
31    may be, and if not wanted by other  members  of  the  General
32    Assembly   then  to  the  Department  of  Central  Management
33    Services for treatment as surplus property  under  the  State
34    Property Control Act.  Each member, on or before June 30th of
 
                            -42-     LRB093 10270 JAM 17309 a
 1    each  year,  shall  conduct  an  inventory  of  all equipment
 2    purchased pursuant to this  Act.   Such  inventory  shall  be
 3    filed  with  the  Secretary of the Senate or the Clerk of the
 4    House, as the case may be.  Whenever a  vacancy  occurs,  the
 5    Secretary  of  the  Senate  or the Clerk of the House, as the
 6    case  may  be,  shall  conduct  an  inventory  of   equipment
 7    purchased.
 8        In  the  event  that a member leaves office during his or
 9    her term,  any  unexpended  or  unobligated  portion  of  the
10    allowance  granted  under  this  Section  shall  lapse.   The
11    vacating  member's successor shall be granted an allowance in
12    an  amount,  rounded  to  the  nearest  dollar,  computed  by
13    dividing the annual allowance  by  365  and  multiplying  the
14    quotient by the number of days remaining in the fiscal year.
15        From  any  appropriation for the purposes of this Section
16    for a fiscal year which overlaps  2  General  Assemblies,  no
17    more than 1/2 of the annual allowance per member may be spent
18    or  encumbered  by  any  member  of  either  the  outgoing or
19    incoming General Assembly, except  that  any  member  of  the
20    incoming  General  Assembly  who was a member of the outgoing
21    General Assembly may encumber or spend  any  portion  of  his
22    annual allowance within the fiscal year.
23        The  appropriation for the annual allowances permitted by
24    this Section shall be included in  an  appropriation  to  the
25    President  of  the  Senate and to the Speaker of the House of
26    Representatives for their respective members.  The  President
27    of  the Senate and the Speaker of the House shall voucher for
28    payment individual members' expenditures  from  their  annual
29    office  allowances  to  the State Comptroller, subject to the
30    authority of the Comptroller under Section  9  of  the  State
31    Comptroller Act.
32    (Source: P.A. 90-569, eff. 1-28-98; 91-952, eff. 7-1-01.)

33        Section 90-20.  The Legislative Commission Reorganization
 
                            -43-     LRB093 10270 JAM 17309 a
 1    Act of 1984 is amended by adding Section 9-2.5 as follows:

 2        (25 ILCS 130/9-2.5 new)
 3        Sec.  9-2.5.  Newsletters and brochures.  The Legislative
 4    Printing Unit may not print for any  member  of  the  General
 5    Assembly  any  newsletters  or  brochures  during  the period
 6    beginning February  1  of  the  year  of  a  general  primary
 7    election  and  ending  the  day  after  the  general  primary
 8    election  and  during  a  period beginning September 1 of the
 9    year of a general election  and  ending  the  day  after  the
10    general  election.  A  member of the General Assembly may not
11    mail, during a period beginning February 1 of the year  of  a
12    general primary election and ending the day after the general
13    primary election and during a period beginning September 1 of
14    the  year  of a general election and ending the day after the
15    general election, any  newsletters  or  brochures  that  were
16    printed, at any time, by the Legislative Printing Unit.

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

19        (25 ILCS 160/1a) (from Ch. 63, par. 131.1)
20        Sec. 1a.  Staff assistants; employment; allocation. There
21    shall  be  such  staff assistants for the General Assembly as
22    necessary.  Staff assistants may  be  employed  as  full-time
23    employees, part-time employees, or contractual employees.  Of
24    the  staff  assistants so provided, one half the total number
25    shall be for the  Senate  and  one  half  for  the  House  of
26    Representatives.  Of  the assistants provided for the Senate,
27    one half shall be designated by the President and one half by
28    the minority leader. Of the assistants provided for the House
29    of Representatives, one  half  shall  be  designated  by  the
30    Speaker and one half by the minority leader.
31    (Source: P.A. 78-4.)
 
                            -44-     LRB093 10270 JAM 17309 a
 1        (25 ILCS 160/2) (from Ch. 63, par. 132)
 2        Sec. 2.  Staff assistants; assignments.
 3        (a)  During   the  period  the  General  Assembly  is  in
 4    session, the  staff  assistants  shall  be  assigned  by  the
 5    legislative  leadership  of the respective parties to perform
 6    research and render other assistance to the members  of  that
 7    party on such committees as may be designated.
 8        (b)  During  the  period when the General Assembly is not
 9    in session, the staff assistants shall perform such  services
10    as  may  be  assigned by the President and Minority Leader of
11    the Senate and the Speaker and Minority Leader of  the  House
12    of Representatives party leadership.
13        (c)  The  President and Minority Leader of the Senate and
14    the  Speaker  and   Minority   Leader   of   the   House   of
15    Representatives  shall  each  adopt  and  implement personnel
16    policies  for  staff  assistants   under   their   respective
17    jurisdiction  and  control as required by the State Officials
18    and Employees Ethics Act.
19    (Source: Laws 1967, p. 280.)

20        Section 90-30.  The Lobbyist Registration Act is  amended
21    by adding Section 3.1 and changing Sections 3, 5, 6, 6.5, and
22    7 as follows:

23        (25 ILCS 170/3) (from Ch. 63, par. 173)
24        Sec. 3. Persons required to register.
25        (a)  Except   as  provided  in  Sections  4  and  9,  the
26    following persons shall register with the Secretary of  State
27    as provided herein:
28             (1)   Any person who, for compensation or otherwise,
29        either  individually  or  as  an  employee or contractual
30        employee  of  another  person,  undertakes  to  influence
31        executive, legislative or administrative action.
32             (2)   Any person who employs another person for  the
 
                            -45-     LRB093 10270 JAM 17309 a
 1        purposes   of   influencing   executive,  legislative  or
 2        administrative action.
 3        (b)  It is a violation of this Act to engage in  lobbying
 4    or  to  employ  any person for the purpose of lobbying who is
 5    not registered with the Office of  the  Secretary  of  State,
 6    except upon condition that the person register and the person
 7    does  in  fact  register  within  2 business days after being
 8    employed or retained for lobbying services 10 working days of
 9    an agreement to conduct any lobbying activity.
10    (Source: P.A. 88-187.)

11        (25 ILCS 170/3.1 new)
12        Sec.  3.1.  Prohibition  on   serving   on   boards   and
13    commissions.   Notwithstanding any other law of this State, a
14    person required to be registered under this Act may not serve
15    on a board, commission, authority, or task  force  authorized
16    or  created  by  State  law  or  by  executive  order  of the
17    Governor; except that this restriction does not apply to  any
18    of the following:
19             (1)  a  registered  lobbyist  serving in an elective
20        public office, whether elected or  appointed  to  fill  a
21        vacancy; and
22             (2)  a   registered  lobbyist  serving  on  a  State
23        advisory body that makes nonbinding recommendations to an
24        agency of State government  but  does  not  make  binding
25        recommendations  or  determinations  or  take  any  other
26        substantive action.

27        (25 ILCS 170/5) (from Ch. 63, par. 175)
28        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
29    person  required  to  register under Section 3 shall each and
30    every year, or before any such  service  is  performed  which
31    requires  the  person to register, but in any event not later
32    than 2 business days after being employed or retained, and on
 
                            -46-     LRB093 10270 JAM 17309 a
 1    or before each January 31 and July 31 thereafter, file in the
 2    Office  of  the  Secretary  of  State  a  written   statement
 3    containing  the  following  information  with respect to each
 4    person or entity employing or retaining the  person  required
 5    to register:
 6             (a)  The  registrant's  name, and permanent address,
 7        e-mail address, if any,  fax  number,  if  any,  business
 8        telephone   number,   and   temporary   address,  if  the
 9        registrant has a temporary address while lobbying of  the
10        registrant.
11             (a-5)  If  the  registrant  is  an  organization  or
12        business   entity,   the   information   required   under
13        subsection  (a)  for  each  person  associated  with  the
14        registrant  who  will  be lobbying, regardless of whether
15        lobbying is a significant part of his or her duties.
16             (b)  The name and address of the person  or  persons
17        employing   or   retaining  registrant  to  perform  such
18        services or on whose behalf the registrant appears.
19             (c)  A   brief   description   of   the   executive,
20        legislative, or administrative  action  in  reference  to
21        which such service is to be rendered.
22             (c-5)  Each  executive and legislative branch agency
23        the registrant expects to lobby during  the  registration
24        period.
25             (c-6)  The  nature  of  the  client's  business,  by
26        indicating  all  of  the following categories that apply:
27        (1) banking and financial  services,  (2)  manufacturing,
28        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
29        insurance, (7) community interests, (8) labor, (9) public
30        relations  or  advertising, (10) marketing or sales, (11)
31        hospitality,  (12)  engineering,  (13)   information   or
32        technology  products  or  services, (14) social services,
33        (15) public utilities, (16) racing or wagering, (17) real
34        estate or  construction,  (18)  telecommunications,  (19)
 
                            -47-     LRB093 10270 JAM 17309 a
 1        trade   or   professional  association,  (20)  travel  or
 2        tourism, (21) transportation,  and  (22)  other  (setting
 3        forth the nature of that other business).
 4        The  registrant  must  file an amendment to the statement
 5    within 14 calendar days to report any substantial  change  or
 6    addition  to  the information previously filed, except that a
 7    registrant  must  file  an  amendment  to  the  statement  to
 8    disclose  a  new  agreement  to  retain  the  registrant  for
 9    lobbying services  before  any  service  is  performed  which
10    requires  the  person to register, but in any event not later
11    than  2  business  days  after  entering  into  the  retainer
12    agreement.
13        Not later than 12 months after the effective date of this
14    amendatory Act of the  93rd  General  Assembly,  or  as  soon
15    thereafter  as  the  Secretary of State has provided adequate
16    software to the persons required to file, all statements  and
17    amendments  to statements required to be filed shall be filed
18    electronically. The Secretary of State  shall  promptly  make
19    all  filed  statements  and amendments to statements publicly
20    available  by  means  of  a  searchable  database   that   is
21    accessible through the World Wide Web. The Secretary of State
22    shall  provide  all  software  necessary  to comply with this
23    provision to all persons required to file. The  Secretary  of
24    State  shall  implement a plan to provide computer access and
25    assistance to persons required to file electronically.
26        Persons required to register under this Act shall, on  an
27    annual  basis,  remit a single, annual and nonrefundable $100
28    $50 registration fee and  a  picture  of  the  registrant.  A
29    registrant  may, in lieu of submitting a picture on an annual
30    basis, authorize the Secretary of  State  to  use  any  photo
31    identification  available  in  any database maintained by the
32    Secretary of State for other  purposes.  All  fees  shall  be
33    deposited  into the Lobbyist Registration Administration Fund
34    for administration and enforcement of this Act. The  increase
 
                            -48-     LRB093 10270 JAM 17309 a
 1    in  the  fee  from  $50 to $100 by this amendatory Act of the
 2    93rd General Assembly is intended to be used to implement and
 3    maintain electronic filing of reports under this Act  and  is
 4    in  addition to any other fee increase enacted by the 93rd or
 5    any subsequent General Assembly.
 6    (Source: P.A. 88-187.)

 7        (25 ILCS 170/6) (from Ch. 63, par. 176)
 8        Sec. 6. Reports.
 9        (a)  Except as otherwise provided in this Section,  every
10    person  required to register as prescribed in Section 3 shall
11    report, verified under oath pursuant to Section 1-109 of  the
12    Code  of  Civil  Procedure,  to  the  Secretary  of State all
13    expenditures for lobbying made or incurred by the lobbyist on
14    his behalf or the behalf of his employer.  In the case  where
15    an individual is solely employed by another person to perform
16    job  related  functions  any part of which includes lobbying,
17    the employer shall be responsible for reporting all  lobbying
18    expenditures  incurred  on  the employer's behalf as shall be
19    identified by the lobbyist to  the  employer  preceding  such
20    report.   Persons who contract with another person to perform
21    lobbying activities shall be responsible  for  reporting  all
22    lobbying  expenditures incurred on the employer's behalf. Any
23    additional lobbying expenses incurred by the  employer  which
24    are separate and apart from those incurred by the contractual
25    employee shall be reported by the employer.
26        (b)  The report shall itemize each individual expenditure
27    or  transaction  over  $100 and shall include the name of the
28    official on whose behalf the expenditure was made,  the  name
29    of  the  client on whose behalf the expenditure was made, the
30    total amount of  the  expenditure,  the  date  on  which  the
31    expenditure  occurred  and the subject matter of the lobbying
32    activity, if any.
33        Expenditures attributable to lobbying officials shall  be
 
                            -49-     LRB093 10270 JAM 17309 a
 1    listed and reported according to the following categories:
 2             (1)  travel and lodging on behalf of others.
 3             (2)  meals, beverages and other entertainment.
 4             (3)  gifts.
 5             (4)  honoraria.
 6        Individual   expenditures  required  to  be  reported  as
 7    described herein which are equal to  or  less  than  $100  in
 8    value need not be itemized but are required to be categorized
 9    and  reported  by officials in an aggregate total in a manner
10    prescribed by rule of the Secretary of State.
11        Expenditures incurred for  hosting  receptions,  benefits
12    and  other  large gatherings held for purposes of goodwill or
13    otherwise   to   influence    executive,    legislative    or
14    administrative  action  to  which  there are 25 or more State
15    officials invited shall be reported listing  only  the  total
16    amount  of  the  expenditure,  the date of the event, and the
17    estimated number of officials in attendance.
18        Each individual expenditure required to be reported shall
19    include all expenses made for or on behalf of State officials
20    and members of the immediate family of those persons.
21        The category travel and  lodging  includes,  but  is  not
22    limited  to, all travel and living accommodations made for or
23    on behalf of State officials in the capital  during  sessions
24    of the General Assembly.
25        Reasonable   and  bona  fide  expenditures  made  by  the
26    registrant who is a member of a legislative  or  State  study
27    commission  or committee while attending and participating in
28    meetings and hearings of such commission  or  committee  need
29    not be reported.
30        Reasonable   and  bona  fide  expenditures  made  by  the
31    registrant for personal sustenance, lodging,  travel,  office
32    expenses and clerical or support staff need not be reported.
33        Salaries,  fees,  and  other  compensation  paid  to  the
34    registrant for the purposes of lobbying need not be reported.
 
                            -50-     LRB093 10270 JAM 17309 a
 1        Any contributions required to be reported under Article 9
 2    of the Election Code need not be reported.
 3        The  report  shall  include:  (1)  the name of each State
 4    government entity lobbied; (2) whether the lobbying  involved
 5    executive,   legislative,  or  administrative  action,  or  a
 6    combination; (3) the names of the persons who  performed  the
 7    lobbyist  services;  and  (4)  a  brief  description  of  the
 8    legislative, executive, or administrative action involved.
 9        Except  as  otherwise  provided in this subsection, gifts
10    and honoraria returned or reimbursed to the registrant within
11    30 days of the date of receipt shall need not be reported.
12        A gift  or  honorarium  returned  or  reimbursed  to  the
13    registrant  within 10 days after the official receives a copy
14    of a report pursuant to Section 6.5 shall not be included  in
15    the final report unless the registrant informed the official,
16    contemporaneously with the receipt of the gift or honorarium,
17    that  the  gift  or  honorarium  is  a reportable expenditure
18    pursuant to this Act.
19        (c)  Reports under this Section shall be  filed  by  July
20    31,  for expenditures from the previous January 1 through the
21    later of June 30 or the final  day  of  the  regular  General
22    Assembly  session,  and  by January 31, for expenditures from
23    the entire previous calendar year.
24        Registrants who made no reportable expenditures during  a
25    reporting   period  shall  file  a  report  stating  that  no
26    expenditures were incurred.  Such reports shall be  filed  in
27    accordance   with   the   deadlines  as  prescribed  in  this
28    subsection.
29        A registrant who terminates employment  or  duties  which
30    required  him  to  register  under  this  Act  shall give the
31    Secretary of State, within 30 days after  the  date  of  such
32    termination,  written  notice  of  such termination and shall
33    include therewith a  report  of  the  expenditures  described
34    herein,  covering  the period of time since the filing of his
 
                            -51-     LRB093 10270 JAM 17309 a
 1    last report to the date of termination  of  employment.  Such
 2    notice  and report shall be final and relieve such registrant
 3    of further reporting under this  Act,  unless  and  until  he
 4    later  takes  employment  or  assumes duties requiring him to
 5    again register under this Act.
 6        (d)  Failure to file any  such  report  within  the  time
 7    designated  or  the reporting of incomplete information shall
 8    constitute a violation of this Act.
 9        A registrant shall preserve for a period of 2  years  all
10    receipts  and  records  used  in preparing reports under this
11    Act.
12        (e)  Within 30 days after a filing deadline, the lobbyist
13    shall notify each official on whose behalf an expenditure has
14    been reported.  Notification shall include the  name  of  the
15    registrant,  the total amount of the expenditure, the date on
16    which the expenditure occurred, and the subject matter of the
17    lobbying activity.
18    (Source: P.A. 90-78, eff. 1-1-98.)

19        (25 ILCS 170/6.5)
20        Sec. 6.5.  Response to report by official.
21        (a)  Every person required to register as  prescribed  in
22    Section 3 and required to file a report with the Secretary of
23    State  as  prescribed  in  Section  6 shall, at least 25 days
24    before the deadline for filing the report, provide a copy  of
25    the  report  to  each  official listed in the report by first
26    class mail or hand delivery.  An official may, within 10 days
27    after receiving the  copy  of  the  report,  provide  written
28    objections to the report by first class mail or hand delivery
29    to  the person required to file the report.  If those written
30    objections conflict with the final report that is filed,  the
31    written objections shall be filed along with the report.
32        (b)  Failure  to  provide  a  copy  of  the  report to an
33    official listed in the report within the time  designated  in
 
                            -52-     LRB093 10270 JAM 17309 a
 1    this Section is a violation of this Act.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        (25 ILCS 170/7) (from Ch. 63, par. 177)
 4        Sec. 7. Duties of the Secretary of State.
 5        It shall be the duty of the Secretary of State to provide
 6    appropriate  forms  for  the  registration  and  reporting of
 7    information  required  by  this  Act   and   to   keep   such
 8    registrations  and  reports on file in his office for 3 years
 9    from the date of filing. He shall also provide and maintain a
10    register with appropriate blanks  and  indexes  so  that  the
11    information  required  in Sections 5 and 6 of this Act may be
12    accordingly entered. Such records shall be considered  public
13    information and open to public inspection.
14        A report filed under this Act is due in the Office of the
15    Secretary of State no later than the close of business on the
16    date on which it is required to be filed.
17        Within  10 days after a filing deadline, the Secretary of
18    State shall notify persons he determines are required to file
19    but have failed to do so.
20        Not later than 12 months after the effective date of this
21    amendatory Act of the  93rd  General  Assembly,  or  as  soon
22    thereafter  as  the  Secretary of State has provided adequate
23    software  to  the  persons  required  to  file,  all  reports
24    required under this Act shall be  filed  electronically.  The
25    Secretary  of  State  shall  promptly  make all filed reports
26    publicly available by means of a searchable database that  is
27    accessible through the World Wide Web. The Secretary of State
28    shall  provide  all  software  necessary  to comply with this
29    provision to all persons required to file. The  Secretary  of
30    State  shall  implement a plan to provide computer access and
31    assistance to persons required to file electronically.
32        Not later than 12 months after the effective date of this
33    amendatory Act of the 93rd General Assembly, the Secretary of
 
                            -53-     LRB093 10270 JAM 17309 a
 1    State shall include registrants' pictures when publishing  or
 2    posting  on  his  or  her website the information required in
 3    Section 5.
 4    (Source: P.A. 88-187.)

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

 7        (30 ILCS 500/50-13)
 8        Sec. 50-13.  Conflicts of interest.
 9        (a)  Prohibition.   It is unlawful for any person holding
10    an elective office in this  State,  holding  a  seat  in  the
11    General  Assembly,  or appointed to or employed in any of the
12    offices or agencies of  State  government  and  who  receives
13    compensation  for  such  employment  in  excess of 60% of the
14    salary of the Governor of the State of Illinois, or who is an
15    officer or employee of the Capital Development Board  or  the
16    Illinois  Toll  Highway  Authority,  or  who is the spouse or
17    minor child of  any  such  person  to  have  or  acquire  any
18    contract,  or  any  direct pecuniary interest in any contract
19    therein, whether for  stationery,  printing,  paper,  or  any
20    services,  materials,  or  supplies,  that  will be wholly or
21    partially satisfied by the payment of funds  appropriated  by
22    the  General  Assembly  of  the  State  of Illinois or in any
23    contract of the Capital Development  Board  or  the  Illinois
24    Toll Highway Authority.
25        (b)  Interests.    It   is   unlawful   for   any   firm,
26    partnership, association, or corporation, in which any person
27    listed in subsection (a) is entitled to receive (i) more than
28    7 1/2% of the total distributable income or (ii) an amount in
29    excess  of the salary of the Governor, to have or acquire any
30    such contract or direct pecuniary interest therein.
31        (c)  Combined interests.  It is unlawful  for  any  firm,
32    partnership, association, or corporation, in which any person
 
                            -54-     LRB093 10270 JAM 17309 a
 1    listed  in  subsection (a) together with his or her spouse or
 2    minor children is entitled to receive (i) more than  15%,  in
 3    the  aggregate,  of the total distributable income or (ii) an
 4    amount in excess of 2 times the salary of  the  Governor,  to
 5    have  or  acquire  any  such  contract  or  direct  pecuniary
 6    interest therein.
 7        (c-5)  Appointees   and   firms.   In   addition  to  any
 8    provisions of this Code, the interests of certain  appointees
 9    and  their firms are subject to Section 3A-35 of the Illinois
10    Governmental Ethics Act.
11        (d)  Securities.  Nothing in this Section invalidates the
12    provisions of any bond or other security  previously  offered
13    or  to  be  offered  for  sale or sold by or for the State of
14    Illinois.
15        (e)  Prior interests.  This Section does not  affect  the
16    validity  of  any  contract  made  between  the  State and an
17    officer or employee of the State or  member  of  the  General
18    Assembly,  his or her spouse, minor child, or other immediate
19    family  member  living  in  his  or  her  residence  or   any
20    combination   of  those  persons  if  that  contract  was  in
21    existence before his or her  election  or  employment  as  an
22    officer,  member,  or  employee.   The  contract is voidable,
23    however, if it cannot be completed within 365 days after  the
24    officer, member, or employee takes office or is employed.
25        (f)  Exceptions.
26             (1)  Public  aid  payments.   This  Section does not
27        apply to payments made for a public aid recipient.
28             (2)  Teaching.  This Section does  not  apply  to  a
29        contract  for  personal  services  as a teacher or school
30        administrator between a member of the General Assembly or
31        his or her spouse, or a State officer or employee or  his
32        or  her spouse, and any school district, public community
33        college district, the University  of  Illinois,  Southern
34        Illinois  University,  Illinois State University, Eastern
 
                            -55-     LRB093 10270 JAM 17309 a
 1        Illinois  University,   Northern   Illinois   University,
 2        Western  Illinois  University,  Chicago State University,
 3        Governor  State  University,  or  Northeastern   Illinois
 4        University.
 5             (3)  Ministerial  duties.   This  Section  does  not
 6        apply  to  a  contract  for personal services of a wholly
 7        ministerial  character,  including  but  not  limited  to
 8        services as a laborer, clerk, typist, stenographer, page,
 9        bookkeeper,  receptionist,   or   telephone   switchboard
10        operator,  made by a spouse or minor child of an elective
11        or appointive State officer or employee or of a member of
12        the General Assembly.
13             (4)  Child and family services.  This  Section  does
14        not  apply  to  payments  made to a member of the General
15        Assembly, a State officer or employee, his or her  spouse
16        or  minor  child  acting  as  a foster parent, homemaker,
17        advocate, or volunteer for or in behalf  of  a  child  or
18        family  served  by  the Department of Children and Family
19        Services.
20             (5)  Licensed professionals. Contracts with licensed
21        professionals, provided they  are  competitively  bid  or
22        part  of  a reimbursement program for specific, customary
23        goods and services through the Department of Children and
24        Family Services, the Department of  Human  Services,  the
25        Department  of  Public  Aid,  the  Department  of  Public
26        Health, or the Department on Aging.
27        (g)  Penalty.  A  person convicted of a violation of this
28    Section is guilty of a business offense and  shall  be  fined
29    not less than $1,000 nor more than $5,000.
30    (Source: P.A. 90-572, eff. 2-6-98.)

31        (30 ILCS 500/50-30)
32        Sec. 50-30.  Revolving door prohibition.
33        (a)  Chief  procurement  officers,  associate procurement
 
                            -56-     LRB093 10270 JAM 17309 a
 1    officers, State purchasing officers,  their  designees  whose
 2    principal  duties  are directly related to State procurement,
 3    and executive officers confirmed by the Senate are  expressly
 4    prohibited  for  a  period  of  2  years after terminating an
 5    affected position from engaging in any  procurement  activity
 6    relating  to the State agency most recently employing them in
 7    an affected position for a period of at least 6 months.   The
 8    prohibition  includes  but  is  not  limited to: lobbying the
 9    procurement  process;  specifying;  bidding;  proposing  bid,
10    proposal, or contract documents; on their own  behalf  or  on
11    behalf of any firm, partnership, association, or corporation.
12    This subsection Section applies only to persons who terminate
13    an affected position on or after January 15, 1999.
14        (b)  In  addition  to  any other provisions of this Code,
15    employment of former State employees is subject to the  State
16    Officials and Employees Ethics Act.
17    (Source: P.A. 90-572, eff. 2-6-98.)

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

20        (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
21        Sec. 8.1.  (a) Political Committees.  For the purposes of
22    this Section the terms defined in this  subsection  have  the
23    meanings given them.

24        "Net  Proceeds" means the gross receipts from the conduct
25    of raffles, less reasonable sums expended for prizes, license
26    fees and other reasonable operating expenses  incurred  as  a
27    result of operating a raffle.

28        "Raffle"  means  a form of lottery, as defined in Section
29    28-2 (b) of the "Criminal  Code  of  1961",  conducted  by  a
30    political committee licensed under this Section, in which:
31             (1)  the  player  pays or agrees to pay something of
 
                            -57-     LRB093 10270 JAM 17309 a
 1        value for a chance, represented and differentiated  by  a
 2        number  or  by  a combination of numbers or by some other
 3        medium, one or more of which chances is to be  designated
 4        the winning chance;
 5             (2)  the  winning chance is to be determined through
 6        a drawing or by some other method based on an element  of
 7        chance  by  an  act or set of acts on the part of persons
 8        conducting or connected with the lottery, except that the
 9        winning chance shall not be determined by the outcome  of
10        a publicly exhibited sporting contest.
11        "Unresolved  claim" means a claim for civil penalty under
12    Sections Section 9-3, 9-10, and 9-23  of  The  Election  Code
13    which  has  been  begun  by the State Board of Elections, has
14    been disputed by the political committee under the applicable
15    rules of the State Board  of  Elections,  and  has  not  been
16    finally  decided  either by the State Board of Elections, or,
17    where application for review has been made to the  Courts  of
18    Illinois, remains finally undecided by the Courts.
19        "Owes"  means that a political committee has been finally
20    determined under applicable  rules  of  the  State  Board  of
21    Elections  to  be  liable  for a civil penalty under Sections
22    Section 9-3, 9-10, and 9-23 of The Election Code.
23        (b)  (1) Licenses issued pursuant to this  Section  shall
24    be  valid for one raffle or for a specified number of raffles
25    to be conducted during a specified period not to  exceed  one
26    year  and  may  be  suspended or revoked for any violation of
27    this Section.  The State Board of Elections shall  act  on  a
28    license   application   within  30  days  from  the  date  of
29    application.
30             (2)  Licenses shall  be  issued  only  to  political
31        committees  which have been in existence continuously for
32        a period of 1 year immediately before making  application
33        for  a  license  and  which have had during that entire 1
34        year period a bona fide membership  engaged  in  carrying
 
                            -58-     LRB093 10270 JAM 17309 a
 1        out their objects.
 2        (c)  Licenses  issued by the State Board of Elections are
 3    subject to the following restrictions:
 4             (1)  No political committee shall conduct raffles or
 5        chances without having first obtained a license  therefor
 6        pursuant to this Section.
 7             (2)  The  application  for license shall be prepared
 8        in accordance with regulations  of  the  State  Board  of
 9        Elections  and  must specify the area or areas within the
10        State in which raffle chances will be sold or issued, the
11        time period during which raffle chances will be  sold  or
12        issued,  the time of determination of winning chances and
13        the location or locations at which winning  chances  will
14        be determined.
15             (3)  A  license  authorizes  the licensee to conduct
16        raffles as defined in this Section.
17        The following are ineligible for any license  under  this
18    Section:
19                  (i)  any   political  committee  which  has  an
20             officer who has been convicted of a felony;
21                  (ii)  any  political  committee  which  has  an
22             officer who is or has been a professional gambler or
23             gambling promoter;
24                  (iii)  any political  committee  which  has  an
25             officer who is not of good moral character;
26                  (iv)  any  political  committee  which  has  an
27             officer  who  is  also  an  officer  of  a  firm  or
28             corporation  in  which a person defined in (i), (ii)
29             or (iii) has  a  proprietary,  equitable  or  credit
30             interest,  or  in  which  such a person is active or
31             employed;
32                  (v)  any political committee in which a  person
33             defined  in  (i),  (ii)  or  (iii)  is  an  officer,
34             director, or employee, whether compensated or not;
 
                            -59-     LRB093 10270 JAM 17309 a
 1                  (vi)  any political committee in which a person
 2             defined  in  (i), (ii) or (iii) is to participate in
 3             the management or operation of a raffle  as  defined
 4             in this Section;
 5                  (vii)  any  committee which, at the time of its
 6             application for a license to conduct a raffle,  owes
 7             the  State  Board  of  Elections  any  unpaid  civil
 8             penalty  authorized  by  Sections Section 9-3, 9-10,
 9             and 9-23 of The Election Code, or is the subject  of
10             an  unresolved  claim  for  a  civil  penalty  under
11             Sections Section 9-3, 9-10, and 9-23 of The Election
12             Code;
13                  (viii)  any  political  committee which, at the
14             time of its application to conduct a raffle, has not
15             submitted any report  or  document  required  to  be
16             filed  by  Article  9  of The Election Code and such
17             report or document is more than 10 days overdue.
18        (d) (1)  The conducting of  raffles  is  subject  to  the
19        following restrictions:
20                  (i)  The entire net proceeds of any raffle must
21             be exclusively devoted to the lawful purposes of the
22             political committee permitted to conduct that game.
23                  (ii)  No  person  except  a bona fide member of
24             the  political  committee  may  participate  in  the
25             management or operation of the raffle.
26                  (iii)  No person may receive  any  remuneration
27             or  profit  for  participating  in the management or
28             operation of the raffle.
29                  (iv)  Raffle chances may be sold or issued only
30             within the area specified on the license and winning
31             chances may be determined only  at  those  locations
32             specified on the license.
33                  (v)  A  person  under  the  age of 18 years may
34             participate in the conducting of raffles or  chances
 
                            -60-     LRB093 10270 JAM 17309 a
 1             only with the permission of a parent or guardian.  A
 2             person  under  the age of 18 years may be within the
 3             area where winning chances are being determined only
 4             when accompanied by his parent or guardian.
 5             (2)  If a lessor  rents  premises  where  a  winning
 6        chance  or chances on a raffle are determined, the lessor
 7        shall not be criminally liable if the person who uses the
 8        premises for the determining of winning chances does  not
 9        hold  a  license  issued  under  the  provisions  of this
10        Section.
11        (e) (1)  Each political  committee  licensed  to  conduct
12        raffles  and  chances  shall  keep  records  of its gross
13        receipts, expenses  and  net  proceeds  for  each  single
14        gathering  or  occasion  at  which  winning  chances  are
15        determined.   All deductions from gross receipts for each
16        single gathering or occasion  shall  be  documented  with
17        receipts  or  other  records  indicating  the  amount,  a
18        description  of  the  purchased  item or service or other
19        reason  for  the  deduction,  and  the  recipient.    The
20        distribution  of  net  proceeds  shall  be itemized as to
21        payee, purpose, amount and date of payment.
22             (2)  Each political committee  licensed  to  conduct
23        raffles  shall  report on the next report due to be filed
24        under Article 9 of The Election Code its gross  receipts,
25        expenses   and   net   proceeds  from  raffles,  and  the
26        distribution of net proceeds itemized as required in this
27        subsection.
28        Such reports shall be included  in  the  regular  reports
29    required of political committees by Article 9 of The Election
30    Code.
31             (3)  Records  required  by  this subsection shall be
32        preserved for 3 years,  and  political  committees  shall
33        make  available  their  records  relating to operation of
34        raffles for public inspection  at  reasonable  times  and
 
                            -61-     LRB093 10270 JAM 17309 a
 1        places.
 2        (f)  Violation  of  any  provision  of  this Section is a
 3    Class C misdemeanor.
 4        (g)  Nothing  in  this  Section  shall  be  construed  to
 5    authorize the conducting or operating of any gambling scheme,
 6    enterprise, activity or device other than raffles as provided
 7    for herein.
 8    (Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)

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

11        (745 ILCS 5/1) (from Ch. 127, par. 801)
12        Sec. 1.  Except as provided in the "Illinois Public Labor
13    Relations Act", enacted by  the  83rd  General  Assembly,  or
14    except  as  provided in "AN ACT to create the Court of Claims
15    Act, and the State Officials  and  Employees  Ethics  Act  to
16    prescribe  its powers and duties, and to repeal AN ACT herein
17    named", filed  July  17,  1945,  as  amended,  the  State  of
18    Illinois shall not be made a defendant or party in any court.
19    (Source: P.A. 83-1012.)

20                             ARTICLE 99
21                      MISCELLANEOUS PROVISIONS

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

24        Section 99-99.  Effective date.  This  Act  takes  effect
25    upon becoming law.".