Illinois General Assembly - Full Text of HB1670
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Full Text of HB1670  97th General Assembly

HB1670 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1670

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.05
5 ILCS 120/4  from Ch. 102, par. 44
5 ILCS 420/4A-103  from Ch. 127, par. 604A-103
5 ILCS 420/4A-104  from Ch. 127, par. 604A-104
5 ILCS 420/4A-107  from Ch. 127, par. 604A-107
10 ILCS 5/29-25 new

    Amends the Open Meetings Act. Requires elected officials who are first elected after the effective date of the amendatory Act to successfully complete the training program provided by the Public Access Counselor. Provides that, upon the completion of the required training program, the Public Access Counselor shall issue a certificate of completion to the elected official for filing along with his or her statement of economic interests. Provides that an elected official who is required to but fails to complete the required training or who is required to submit a statement of economic interests but, if required to do so, fails to attach the certificate of completion to his or her statement of economic interests shall be ineligible, in any subsequent election, to be a candidate for the office in which he or she is serving at the time of the violation. Exempts from these training requirements elected officials who are elected to serve public bodies that require the attendance of their parliamentarian or attorney at each meeting. Defines "elected official". Also makes technical changes. Amends the Illinois Governmental Ethics Act and the Election Code to make conforming changes.


LRB097 10495 JDS 50792 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1670LRB097 10495 JDS 50792 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Sections 1.05 and 4 as follows:
 
6    (5 ILCS 120/1.05)
7    Sec. 1.05. Training.
8    (a) Every public body shall designate employees, officers,
9or members to receive training on compliance with this Act.
10Each public body shall submit a list of designated employees,
11officers, or members to the Public Access Counselor. Within 6
12months after the effective date of this amendatory Act of the
1396th General Assembly, the designated employees, officers, and
14members must successfully complete an electronic training
15curriculum, developed and administered by the Public Access
16Counselor, and thereafter must successfully complete an annual
17training program. Thereafter, whenever a public body
18designates an additional employee, officer, or member to
19receive this training, that person must successfully complete
20the electronic training curriculum within 30 days after that
21designation.
22    (b) Except as otherwise provided in this subsection (b),
23every person who is not designated under subsection (a) of this

 

 

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1Section but who becomes an elected official in the State after
2the effective date of this amendatory Act of the 97th General
3Assembly must, within 6 months after being elected,
4successfully complete the electronic training curriculum
5developed and administered by the Public Access Counselor. Upon
6the completion of the training required under this subsection
7(b), the Public Access Counselor shall issue a certificate of
8completion to the elected official for filing with his or her
9statement of economic interests under the Illinois
10Governmental Ethics Act. An elected official who is required
11but fails to comply with the requirements of this subsection
12(b) within the prescribed period or who is required to file a
13statement of economic interests under the Illinois
14Governmental Ethics Act but fails to attach the certificate of
15completion issued by the Public Access Counselor to his or her
16statement of economic interests, if required to do so, shall be
17ineligible, in any subsequent election, to be a candidate for
18the office in which he or she is serving at the time of the
19violation of this subsection (b).
20    For the purposes of this subsection (b), "elected official"
21means a person who is elected to office in accordance with a
22State statute to discharge a public duty for the State or any
23of its political subdivisions or for a school district or
24library district.
25    This subsection (b) does not apply to an elected official
26who is elected to serve a public body that requires the

 

 

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1attendance of its parliamentarian or attorney at each meeting.
2(Source: P.A. 96-542, eff. 1-1-10.)
 
3    (5 ILCS 120/4)  (from Ch. 102, par. 44)
4    Sec. 4. Any person violating any of the provisions of this
5Act, except subsection (b) of Section 1.05, shall be guilty of
6a Class C misdemeanor. An elected official who is required to
7comply with the requirements of subsection (b) of Section 1.05
8but fails to do so within the prescribed period shall be
9ineligible, in any subsequent election, to be a candidate for
10the office in which he or she is serving at the time of the
11violation of that provision.
12(Source: P. A. 77-2549.)
 
13    Section 10. The Illinois Governmental Ethics Act is amended
14by changing Sections 4A-103, 4A-104, and 4A-107 as follows:
 
15    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
16    Sec. 4A-103. The statement of economic interests required
17by this Article to be filed with the Secretary of State shall
18be filled in by typewriting or hand printing, shall be
19verified, dated, and signed by the person making the statement
20and shall contain substantially the following:
21
STATEMENT OF ECONOMIC INTEREST
22
(TYPE OR HAND PRINT)
23.............................................................

 

 

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1(name)
2.............................................................
3(each office or position of employment for which this statement
4is filed)
5.............................................................
6(full mailing address)
7GENERAL DIRECTIONS:
8    The interest (if constructively controlled by the person
9making the statement) of a spouse or any other party, shall be
10considered to be the same as the interest of the person making
11the statement.
12    Campaign receipts shall not be included in this statement.
13    If additional space is needed, please attach supplemental
14listing.
15    1. List the name and instrument of ownership in any entity
16doing business in the State of Illinois, in which the ownership
17interest held by the person at the date of filing is in excess
18of $5,000 fair market value or from which dividends in excess
19of $1,200 were derived during the preceding calendar year. (In
20the case of real estate, location thereof shall be listed by
21street address, or if none, then by legal description.) No time
22or demand deposit in a financial institution, nor any debt
23instrument need be listed.
24Business EntityInstrument of Ownership
25..............................................................
26..............................................................

 

 

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1..............................................................
2..............................................................
3    2. List the name, address and type of practice of any
4professional organization in which the person making the
5statement was an officer, director, associate, partner or
6proprietor or served in any advisory capacity, from which
7income in excess of $1,200 was derived during the preceding
8calendar year.
9NameAddressType of Practice
10.............................................................
11.............................................................
12.............................................................
13    3. List the nature of professional services rendered (other
14than to the State of Illinois) to each entity from which income
15exceeding $5,000 was received for professional services
16rendered during the preceding calendar year by the person
17making the statement.
18.............................................................
19.............................................................
20    4. List the identity (including the address or legal
21description of real estate) of any capital asset from which a
22capital gain of $5,000 or more was realized during the
23preceding calendar year.
24.............................................................
25.............................................................
26    5. List the identity of any compensated lobbyist with whom

 

 

HB1670- 6 -LRB097 10495 JDS 50792 b

1the person making the statement maintains a close economic
2association, including the name of the lobbyist and specifying
3the legislative matter or matters which are the object of the
4lobbying activity, and describing the general type of economic
5activity of the client or principal on whose behalf that person
6is lobbying.
7LobbyistLegislative MatterClient or Principal
8.............................................................
9.............................................................
10    6. List the name of any entity doing business in the State
11of Illinois from which income in excess of $1,200 was derived
12during the preceding calendar year other than for professional
13services and the title or description of any position held in
14that entity. (In the case of real estate, location thereof
15shall be listed by street address, or if none, then by legal
16description). No time or demand deposit in a financial
17institution nor any debt instrument need be listed.
18EntityPosition Held
19..............................................................
20..............................................................
21..............................................................
22    7. List the name of any unit of government which employed
23the person making the statement during the preceding calendar
24year other than the unit or units of government in relation to
25which the person is required to file.
26.............................................................

 

 

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1.............................................................
2    8. List the name of any entity from which a gift or gifts,
3or honorarium or honoraria, valued singly or in the aggregate
4in excess of $500, was received during the preceding calendar
5year.
6.............................................................
7    9. If the person making the statement must complete
8training under subsection (b) of Section 1.05 of the Open
9Meetings Act, attach a copy of the certificate of completion
10issued to that person by the Public Access Counselor in
11accordance with the requirements of that provision.
12VERIFICATION:
13    "I declare that this statement of economic interests
14(including any accompanying schedules and statements) has been
15examined by me and to the best of my knowledge and belief is a
16true, correct and complete statement of my economic interests
17as required by the Illinois Governmental Ethics Act. I
18understand that the penalty for willfully filing a false or
19incomplete statement shall be a fine not to exceed $1,000 or
20imprisonment in a penal institution other than the penitentiary
21not to exceed one year, or both fine and imprisonment."
22................  ..........................................
23(date of filing)   (signature of person making the statement)
24(Source: P.A. 95-173, eff. 1-1-08.)
 
25    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)

 

 

HB1670- 8 -LRB097 10495 JDS 50792 b

1    Sec. 4A-104. The statement of economic interests required
2by this Article to be filed with the county clerk shall be
3filled in by typewriting or hand printing, shall be verified,
4dated, and signed by the person making the statement and shall
5contain substantially the following:
6
STATEMENT OF ECONOMIC INTERESTS
7
(TYPE OR HAND PRINT)
8.............................................................
9(Name)
10.............................................................
11(each office or position of employment for which this statement
12is filed) ...................................................
13(full mailing address)
14GENERAL DIRECTIONS:
15    The interest (if constructively controlled by the person
16making the statement) of a spouse or any other party, shall be
17considered to be the same as the interest of the person making
18the statement.
19    Campaign receipts shall not be included in this statement.
20    If additional space is needed, please attach supplemental
21listing.
22    1. List the name and instrument of ownership in any entity
23doing business with a unit of local government in relation to
24which the person is required to file, in which the ownership
25interest held by the person at the date of filing is in excess
26of $5,000 fair market value or from which dividends in excess

 

 

HB1670- 9 -LRB097 10495 JDS 50792 b

1of $1,200 were received during the preceding calendar year. (In
2the case of real estate, location thereof shall be listed by
3street address, or if none, then by legal description.) No time
4or demand deposit in a financial institution, nor any debt
5instrument shall be listed.
6BusinessInstrument ofPosition of
7EntityOwnershipManagement
8.............................................................
9.............................................................
10.............................................................
11    2. List the name, address and type of practice of any
12professional organization in which the person making the
13statement was an officer, director, associate, partner or
14proprietor, or served in any advisory capacity, from which
15income in excess of $1,200 was derived during the preceding
16calendar year.
17NameAddressType of Practice
18.............................................................
19.............................................................
20.............................................................
21    3. List the nature of professional services rendered (other
22than to the unit or units of local government in relation to
23which the person is required to file) to each entity from which
24income exceeding $5,000 was received for professional services
25rendered during the preceding calendar year by the person
26making the statement.

 

 

HB1670- 10 -LRB097 10495 JDS 50792 b

1.............................................................
2.............................................................
3    4. List the identity (including the address or legal
4description of real estate) of any capital asset from which a
5capital gain of $5,000 or more was realized during the
6preceding calendar year.
7.............................................................
8.............................................................
9.............................................................
10    5. List the name of any entity and the nature of the
11governmental action requested by any entity which has applied
12to a unit of local government in relation to which the person
13must file for any license, franchise or permit for annexation,
14zoning or rezoning of real estate during the preceding calendar
15year if the ownership interest of the person filing is in
16excess of $5,000 fair market value at the time of filing or if
17income or dividends in excess of $1200 were received by the
18person filing from the entity during the preceding calendar
19year.
20.............................................................
21.............................................................
22.............................................................
23    6. List the name of any entity doing business with a unit
24of local government in relation to which the person is required
25to file from which income in excess of $1,200 was derived
26during the preceding calendar year other than for professional

 

 

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1services and the title or description of any position held in
2that entity. No time or demand deposit in a financial
3institution nor any debt instrument need be listed.
4.............................................................
5.............................................................
6    7. List the name of any unit of government which employed
7the person making the statement during the preceding calendar
8year other than the unit or units of government in relation to
9which the person is required to file.
10.............................................................
11.............................................................
12    8. List the name of any entity from which a gift or gifts,
13or honorarium or honoraria, valued singly or in the aggregate
14in excess of $500, was received during the preceding calendar
15year.
16.............................................................
17    9. If the person making the statement must complete
18training under subsection (b) of Section 1.05 of the Open
19Meetings Act, attach a copy of the certificate of completion
20issued to that person by the Public Access Counselor in
21accordance with the requirements of that provision.
22VERIFICATION:
23    "I declare that this statement of economic interests
24(including any accompanying schedules and statements) has been
25examined by me and to the best of my knowledge and belief is a
26true, correct and complete statement of my economic interests

 

 

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1as required by the Illinois Governmental Ethics Act. I
2understand that the penalty for willfully filing a false or
3incomplete statement shall be a fine not to exceed $1,000 or
4imprisonment in a penal institution other than the penitentiary
5not to exceed one year, or both fine and imprisonment."
6................  ..........................................
7(date of filing)   (signature of person making the statement)
8(Source: P.A. 95-173, eff. 1-1-08.)
 
9    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
10    Sec. 4A-107. Any person required to file a statement of
11economic interests under this Article who willfully files a
12false or incomplete statement shall be guilty of a Class A
13misdemeanor. However, if a person's statement of economic
14interests is incomplete due solely to the fact that he or she
15was required but failed to attach the certificate of completion
16issued by the Public Access Counselor under subsection (b) of
17Section 1.05 of the Open Meetings Act, then he or she shall
18instead be subject to the penalties specified in subsection (b)
19of Section 1.05 of the Open Meetings Act and Section 29-25 of
20the Election Code.
21    Except when the fees and penalties for late filing have
22been waived under Section 4A-105, failure to file a statement
23within the time prescribed shall result in ineligibility for,
24or forfeiture of, office or position of employment, as the case
25may be; provided, however, that if the notice of failure to

 

 

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1file a statement of economic interests provided in Section
24A-105 of this Act is not given by the Secretary of State or
3the county clerk, as the case may be, no forfeiture shall
4result if a statement is filed within 30 days of actual notice
5of the failure to file. The Secretary of State shall provide
6the Attorney General with the names of persons who failed to
7file a statement. The county clerk shall provide the State's
8Attorney of the county of the entity for which the filing of
9statement of economic interest is required with the name of
10persons who failed to file a statement.
11    The Attorney General, with respect to offices or positions
12described in items (a) through (f) and items (j), (l), and (n)
13of Section 4A-101 of this Act, or the State's Attorney of the
14county of the entity for which the filing of statements of
15economic interests is required, with respect to offices or
16positions described in items (g) through (i), item (k), and
17item (o) of Section 4A-101 of this Act, shall bring an action
18in quo warranto against any person who has failed to file by
19either May 31 or June 30 of any given year and for whom the fees
20and penalties for late filing have not been waived under
21Section 4A-105.
22(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000,
23eff. 7-2-10.)
 
24    Section 15. The Election Code is amended by adding Section
2529-25 as follows:
 

 

 

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1    (10 ILCS 5/29-25 new)
2    Sec. 29-25. Failure to complete training required under the
3Open Meetings Act.
4    (a) Notwithstanding any other provision of this Code, an
5elected official who is required but fails to comply with
6subsection (b) of Section 1.05 of the Open Meetings Act or who
7is required to file a statement of economic interests under the
8Illinois Governmental Ethics Act but fails to attach the
9certificate of completion issued by the Public Access Counselor
10to his or her statement of economic interests, if required to
11do so, shall be ineligible, in any subsequent election, to be a
12candidate for the office in which he or she is serving at the
13time of the violation.
14    (b) For the purposes of this Section, "elected official"
15means a person who is elected to office in accordance with a
16State statute to discharge a public duty for the State or any
17of its political subdivisions or for a school district or
18library district.
19    (c) This Section does not apply to an elected official who
20is elected to serve a public body that requires the attendance
21of its parliamentarian or attorney at each meeting.