Illinois General Assembly - Full Text of HB3396
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Full Text of HB3396  102nd General Assembly

HB3396 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3396

 

Introduced 2/22/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Governmental Ethics Act. Provides a lobbying prohibition for members of the General Assembly and family of members. Modifies the content of the statement of economic interests required to be filed by members of the General Assembly and candidates for nomination or election to the General Assembly. Amends the State Officials and Employees Ethics Act. Provides for a fundraising prohibition during sessions of the General Assembly. Provides a revolving door prohibition on former members of the General Assembly registering as lobbyists. Requires reporting of specified communications concerning State contracts. Provides for a prohibition on familial General Assembly employment. Provides for rights of complainants. Further modifies the duties of the Legislative Ethics Commission and Legislative Inspector General. Provides for the release of founded reports. Amends the General Assembly Compensation Act. Provides for prorated salary for members of the General Assembly. Amends the Lobbyist Registration Act. Requires registration under the Act for persons lobbying units of local government and school districts. Makes other changes. Effective immediately.


LRB102 10926 RJF 16258 b

 

 

A BILL FOR

 

HB3396LRB102 10926 RJF 16258 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 Illinois Governmental Ethics Act is amended
5by changing Sections 2-101, 4A-102, 4A-103, and 4A-108 and by
6adding Sections 4A-102.5 and 4A-103.5 as follows:
 
7    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
8    Sec. 2-101. Prohibition on lobbying.
9    (a) Notwithstanding any provision of law to the contrary,
10on and after the effective date of this amendatory Act of the
11102nd General Assembly, a member of the General Assembly, his
12or her spouse, and any immediate family member living with
13that member of the General Assembly shall not, for
14compensation:
15        (1) lobby or otherwise act in a capacity that would
16    require that person to register as a lobbyist under the
17    Lobbyist Registration Act or any lobbyist registration
18    ordinance adopted by a unit of local government or school
19    district; or
20        (2) communicate with any official of the executive or
21    legislative branch of State government or any official of
22    any unit of local government or school district for the
23    ultimate purpose of influencing any executive,

 

 

HB3396- 2 -LRB102 10926 RJF 16258 b

1    legislative, or administrative action.
2    (b) A person who violates the provisions of this Section
3is guilty of official misconduct under Section 33-3 of the
4Criminal Code of 2012.
5    (c) For purposes of this Section only:
6    "Lobbying" includes, but is not limited to, the meaning
7provided in Section 1-109 of this Act and the meaning provided
8in subsection (e) of Section 2 of the Lobbyist Registration
9Act.
10    "Official of the executive or legislative branch of State
11government" has the meaning provided in subsection (c) of
12Section 2 of the Lobbyist Registration Act.
13No legislator may engage in lobbying, as that term is defined
14in Section 1-109, if he accepts compensation specifically
15attributable to such lobbying, other than that provided by law
16for members of the General Assembly. Nothing in this Section
17prohibits a legislator from lobbying without compensation.
18    A violation of this Section shall constitute a Class A
19misdemeanor.
20(Source: P.A. 77-2830.)
 
21    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
22    Sec. 4A-102. The statement of economic interests required
23by this Article shall include the economic interests of the
24person making the statement as provided in this Section. The
25interest (if constructively controlled by the person making

 

 

HB3396- 3 -LRB102 10926 RJF 16258 b

1the statement) of a spouse or any other party, shall be
2considered to be the same as the interest of the person making
3the statement. Campaign receipts shall not be included in this
4statement.
5        (a) The following interests shall be listed by all
6    persons required to file, except for members of the
7    General Assembly and candidates for nomination or election
8    to the General Assembly:
9            (1) The name, address and type of practice of any
10        professional organization or individual professional
11        practice in which the person making the statement was
12        an officer, director, associate, partner or
13        proprietor, or served in any advisory capacity, from
14        which income in excess of $1200 was derived during the
15        preceding calendar year;
16            (2) The nature of professional services (other
17        than services rendered to the unit or units of
18        government in relation to which the person is required
19        to file) and the nature of the entity to which they
20        were rendered if fees exceeding $5,000 were received
21        during the preceding calendar year from the entity for
22        professional services rendered by the person making
23        the statement.
24            (3) The identity (including the address or legal
25        description of real estate) of any capital asset from
26        which a capital gain of $5,000 or more was realized in

 

 

HB3396- 4 -LRB102 10926 RJF 16258 b

1        the preceding calendar year.
2            (4) The name of any unit of government which has
3        employed the person making the statement during the
4        preceding calendar year other than the unit or units
5        of government in relation to which the person is
6        required to file.
7            (5) The name of any entity from which a gift or
8        gifts, or honorarium or honoraria, valued singly or in
9        the aggregate in excess of $500, was received during
10        the preceding calendar year.
11        (b) The following interests shall also be listed by
12    persons listed in items (b) (a) through (f), item (l),
13    item (n), and item (p) of Section 4A-101:
14            (1) The name and instrument of ownership in any
15        entity doing business in the State of Illinois, in
16        which an ownership interest held by the person at the
17        date of filing is in excess of $5,000 fair market value
18        or from which dividends of in excess of $1,200 were
19        derived during the preceding calendar year. (In the
20        case of real estate, location thereof shall be listed
21        by street address, or if none, then by legal
22        description). No time or demand deposit in a financial
23        institution, nor any debt instrument need be listed;
24            (2) Except for professional service entities, the
25        name of any entity and any position held therein from
26        which income of in excess of $1,200 was derived during

 

 

HB3396- 5 -LRB102 10926 RJF 16258 b

1        the preceding calendar year, if the entity does
2        business in the State of Illinois. No time or demand
3        deposit in a financial institution, nor any debt
4        instrument need be listed.
5            (3) The identity of any compensated lobbyist with
6        whom the person making the statement maintains a close
7        economic association, including the name of the
8        lobbyist and specifying the legislative matter or
9        matters which are the object of the lobbying activity,
10        and describing the general type of economic activity
11        of the client or principal on whose behalf that person
12        is lobbying.
13        (c) The following interests shall also be listed by
14    persons listed in items (a) through (c) and item (e) of
15    Section 4A-101.5:
16            (1) The name and instrument of ownership in any
17        entity doing business with a unit of local government
18        in relation to which the person is required to file if
19        the ownership interest of the person filing is greater
20        than $5,000 fair market value as of the date of filing
21        or if dividends in excess of $1,200 were received from
22        the entity during the preceding calendar year. (In the
23        case of real estate, location thereof shall be listed
24        by street address, or if none, then by legal
25        description). No time or demand deposit in a financial
26        institution, nor any debt instrument need be listed.

 

 

HB3396- 6 -LRB102 10926 RJF 16258 b

1            (2) Except for professional service entities, the
2        name of any entity and any position held therein from
3        which income in excess of $1,200 was derived during
4        the preceding calendar year if the entity does
5        business with a unit of local government in relation
6        to which the person is required to file. No time or
7        demand deposit in a financial institution, nor any
8        debt instrument need be listed.
9            (3) The name of any entity and the nature of the
10        governmental action requested by any entity which has
11        applied to a unit of local government in relation to
12        which the person must file for any license, franchise
13        or permit for annexation, zoning or rezoning of real
14        estate during the preceding calendar year if the
15        ownership interest of the person filing is in excess
16        of $5,000 fair market value at the time of filing or if
17        income or dividends in excess of $1,200 were received
18        by the person filing from the entity during the
19        preceding calendar year.
20    For the purposes of this Section, the unit of local
21government in relation to which a person required to file
22under item (e) of Section 4A-101.5 shall be the unit of local
23government that contributes to the pension fund of which such
24person is a member of the board.
25(Source: P.A. 101-221, eff. 8-9-19.)
 

 

 

HB3396- 7 -LRB102 10926 RJF 16258 b

1    (5 ILCS 420/4A-102.5 new)
2    Sec. 4A-102.5. General Assembly statement of economic
3interests.
4    (a) The statement of economic interests required by this
5Article for members of the General Assembly and candidates for
6nomination or election to the General Assembly shall include
7the economic interests of the person making the statement as
8provided in this Section. The interest (if constructively
9controlled by the person making the statement) of a spouse or
10any other party, shall be considered to be the same as the
11interest of the person making the statement. Campaign receipts
12shall not be included in this statement.
13    (b) The following interests shall be listed by all persons
14required to file a statement under item (a) of Section 4A-101:
15        (1) The identity of any compensated lobbyist with whom
16    the person making the statement maintains a close economic
17    association, including the name of the lobbyist and
18    specifying the legislative matter or matters which are the
19    object of the lobbying activity, and describing the
20    general type of economic activity of the client or
21    principal on whose behalf that person is lobbying.
22        (2) The name of any entity doing business in the State
23    of Illinois from which income in excess of $1,200 was
24    derived during the preceding calendar year other than for
25    professional services and the title or description of any
26    position held in that entity.

 

 

HB3396- 8 -LRB102 10926 RJF 16258 b

1        (3) Current economic interests of the person and
2    members of the person's immediate family (spouse and minor
3    children residing with the person) whether in the form of
4    stock, bond, dividend, interest, trust, realty, rent,
5    certificate of deposit, deposit in any financial
6    institution, pension plan, Keogh plan, Individual
7    Retirement Account, equity or creditor interest in any
8    corporation, proprietorship, partnership, instrument of
9    indebtedness, or otherwise. Every source of noninvestment
10    income in the form of a fee, commission, compensation,
11    compensation for personal service, royalty, pension,
12    honorarium, or otherwise must also be listed. No
13    reimbursement of expenses by any unit of government and no
14    interest in deferred compensation under a plan
15    administered by the State of Illinois need be listed. No
16    amounts or account numbers need be listed. In listing his
17    or her personal residence, the person shall not state the
18    address. Current economic interests shall be as of a date
19    within 30 days preceding the date of filing the statement.
20        (4) Former economic interests of the type required to
21    be disclosed in response to paragraph (3) which were held
22    by the person or any member of the person's immediate
23    family (spouse and minor children residing with the
24    person) during the year preceding the date of disclosure.
25    Current economic interests listed in response to paragraph
26    (3) need not be listed. No amounts or account numbers need

 

 

HB3396- 9 -LRB102 10926 RJF 16258 b

1    be listed. In listing his or her personal residence, the
2    person shall not state the address.
3        (5) A list of every office, directorship, and salaried
4    employment of the person and members of the person's
5    immediate family (spouse and minor children residing with
6    the person). Exclude unsalaried positions in religious,
7    social, or fraternal organizations, and honorary
8    positions.
9        (6) Any fiduciary position, including executorships
10    and trusteeships of the person and members of the person's
11    immediate family (spouse and any minor child residing with
12    the person).
13        (7) The name of the donor and a brief description of
14    any gifts received by the person or members of the
15    person's immediate family (spouse and minor children
16    residing with the person). Gifts of transportation, food,
17    lodging, or entertainment having a value in excess of $250
18    must be reported. All other gifts having a value in excess
19    of $100 must be reported. Gifts between the person and his
20    or her spouse, children, or parents shall not be reported.
21        (8) Any other economic interest or relationship of the
22    person or of members of the person's immediate family
23    (spouse and minor children residing with the person) which
24    could create a conflict of interest for the person in his
25    or her capacity as a member of the General Assembly, other
26    than those listed in paragraphs (1) through (7).
 

 

 

HB3396- 10 -LRB102 10926 RJF 16258 b

1    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
2    Sec. 4A-103. The statement of economic interests required
3by this Article to be filed with the Secretary of State, except
4for those statements filed by members of the General Assembly
5and candidates for nomination or election to the General
6Assembly under Section 4A-103.5, shall be filled in by
7typewriting or hand printing, shall be verified, dated, and
8signed by the person making the statement and shall contain
9substantially the following:
10
STATEMENT OF ECONOMIC INTEREST
11
(TYPE OR HAND PRINT)
12.............................................................
13(name)
14.............................................................
15(each office or position of employment for which this
16statement is filed)
17.............................................................
18(full mailing address)
19GENERAL DIRECTIONS:
20    The interest (if constructively controlled by the person
21making the statement) of a spouse or any other party, shall be
22considered to be the same as the interest of the person making
23the statement.
24    Campaign receipts shall not be included in this statement.
25    If additional space is needed, please attach supplemental

 

 

HB3396- 11 -LRB102 10926 RJF 16258 b

1listing.
2    1. List the name and instrument of ownership in any entity
3doing business in the State of Illinois, in which the
4ownership interest held by the person at the date of filing is
5in excess of $5,000 fair market value or from which dividends
6in excess of $1,200 were derived during the preceding calendar
7year. (In the case of real estate, location thereof shall be
8listed by street address, or if none, then by legal
9description.) No time or demand deposit in a financial
10institution, nor any debt instrument need be listed.
11Business EntityInstrument of Ownership
12..............................................................
13..............................................................
14..............................................................
15..............................................................
16    2. List the name, address and type of practice of any
17professional organization in which the person making the
18statement was an officer, director, associate, partner or
19proprietor or served in any advisory capacity, from which
20income in excess of $1,200 was derived during the preceding
21calendar year.
22NameAddressType of Practice
23.............................................................
24.............................................................
25.............................................................
26    3. List the nature of professional services rendered

 

 

HB3396- 12 -LRB102 10926 RJF 16258 b

1(other than to the State of Illinois) to each entity from which
2income exceeding $5,000 was received for professional services
3rendered during the preceding calendar year by the person
4making the statement.
5.............................................................
6.............................................................
7    4. List the identity (including the address or legal
8description of real estate) of any capital asset from which a
9capital gain of $5,000 or more was realized during the
10preceding calendar year.
11.............................................................
12.............................................................
13    5. List the identity of any compensated lobbyist with whom
14the person making the statement maintains a close economic
15association, including the name of the lobbyist and specifying
16the legislative matter or matters which are the object of the
17lobbying activity, and describing the general type of economic
18activity of the client or principal on whose behalf that
19person is lobbying.
20LobbyistLegislative MatterClient or Principal
21.............................................................
22.............................................................
23    6. List the name of any entity doing business in the State
24of Illinois from which income in excess of $1,200 was derived
25during the preceding calendar year other than for professional
26services and the title or description of any position held in

 

 

HB3396- 13 -LRB102 10926 RJF 16258 b

1that entity. (In the case of real estate, location thereof
2shall be listed by street address, or if none, then by legal
3description). No time or demand deposit in a financial
4institution nor any debt instrument need be listed.
5EntityPosition Held
6..............................................................
7..............................................................
8..............................................................
9    7. List the name of any unit of government which employed
10the person making the statement during the preceding calendar
11year other than the unit or units of government in relation to
12which the person is required to file.
13.............................................................
14.............................................................
15    8. List the name of any entity from which a gift or gifts,
16or honorarium or honoraria, valued singly or in the aggregate
17in excess of $500, was received during the preceding calendar
18year.
19.............................................................
20VERIFICATION:
21    "I declare that this statement of economic interests
22(including any accompanying schedules and statements) has been
23examined by me and to the best of my knowledge and belief is a
24true, correct and complete statement of my economic interests
25as required by the Illinois Governmental Ethics Act. I
26understand that the penalty for willfully filing a false or

 

 

HB3396- 14 -LRB102 10926 RJF 16258 b

1incomplete statement shall be a fine not to exceed $1,000 or
2imprisonment in a penal institution other than the
3penitentiary not to exceed one year, or both fine and
4imprisonment."
5................  ..........................................
6(date of filing)   (signature of person making the statement)
7(Source: P.A. 95-173, eff. 1-1-08.)
 
8    (5 ILCS 420/4A-103.5 new)
9    Sec. 4A-103.5. The statement of economic interests
10required by this Article to be filed by members of the General
11Assembly and candidates for nomination or election to the
12General Assembly with the Secretary of State shall be filled
13in by typewriting or hand printing, shall be verified, dated,
14and signed by the person making the statement and shall
15contain substantially the following:
16
STATEMENT OF ECONOMIC INTEREST
17
(TYPE OR HAND PRINT)
18.............................................................
19(name)
20.............................................................
21(each office or position of employment for which this
22statement is filed)
23.............................................................
24(full mailing address)
25GENERAL DIRECTIONS:

 

 

HB3396- 15 -LRB102 10926 RJF 16258 b

1    The interest (if constructively controlled by the person
2making the statement) of a spouse or any other party, shall be
3considered to be the same as the interest of the person making
4the statement.
5    Campaign receipts shall not be included in this statement.
6    If additional space is needed, please attach supplemental
7listing.
8    1. List the identity of any compensated lobbyist with whom
9the person making the statement maintains a close economic
10association, including the name of the lobbyist and specifying
11the legislative matter or matters which are the object of the
12lobbying activity, and describing the general type of economic
13activity of the client or principal on whose behalf that
14person is lobbying.
15LobbyistLegislative MatterClient or Principal
16.............................................................
17.............................................................
18    2. List the name of any entity doing business in the State
19of Illinois from which income in excess of $1,200 was derived
20during the preceding calendar year other than for professional
21services and the title or description of any position held in
22that entity. (In the case of real estate, location thereof
23shall be listed by street address, or if none, then by legal
24description). No time or demand deposit in a financial
25institution nor any debt instrument need be listed.
26EntityPosition Held

 

 

HB3396- 16 -LRB102 10926 RJF 16258 b

1..............................................................
2..............................................................
3..............................................................
4    3. List current economic interests, whether in the form of
5stock, bond, dividend, interest, trust, realty, rent,
6certificate of deposit, deposit in any financial institution,
7pension plan, Keogh plan, Individual Retirement Account,
8equity or creditor interest in any corporation,
9proprietorship, partnership, instrument of indebtedness, or
10otherwise, and every source of noninvestment income in the
11form of a fee, commission, compensation, compensation for
12personal service, royalty, pension, honorarium, or otherwise.
13.............................................................
14.............................................................
15    4. List former economic interests of the type required to
16be disclosed in response to paragraph 3 which were held during
17the year preceding the date of disclosure.
18.............................................................
19.............................................................
20    5. List every office, directorship, and salaried
21employment, excluding unsalaried positions in religious,
22social, or fraternal organizations, and honorary positions.
23.............................................................
24.............................................................
25    6. List any fiduciary position, including executorships
26and trusteeships.

 

 

HB3396- 17 -LRB102 10926 RJF 16258 b

1.............................................................
2.............................................................
3    7. List the name of the donor and a brief description of
4any gifts received. Gifts of transportation, food, lodging, or
5entertainment having a value in excess of $250 must be
6reported. All other gifts having a value in excess of $100 must
7be reported. Gifts between provided by a spouse, children, or
8parents need not be reported.
9.............................................................
10.............................................................
11    8. List any other economic interest which could create a
12conflict of interest as a member of the General Assembly,
13other than those listed in paragraphs 1 through 7.
14.............................................................
15.............................................................
 
16    (5 ILCS 420/4A-108)
17    Sec. 4A-108. Internet-based systems of filing.
18    (a) Notwithstanding any other provision of this Act or any
19other law, the Secretary of State and county clerks are
20authorized to institute an Internet-based system for the
21filing of statements of economic interests in their offices.
22With respect to county clerk systems, the determination to
23institute such a system shall be in the sole discretion of the
24county clerk and shall meet the requirements set out in this
25Section. With respect to a Secretary of State system, the

 

 

HB3396- 18 -LRB102 10926 RJF 16258 b

1determination to institute such a system shall be in the sole
2discretion of the Secretary of State and shall meet the
3requirements set out in this Section and those Sections of the
4State Officials and Employees Ethics Act requiring ethics
5officer review prior to filing. The system shall be capable of
6allowing an ethics officer to approve a statement of economic
7interests and shall include a means to amend a statement of
8economic interests. When this Section does not modify or
9remove the requirements set forth elsewhere in this Article,
10those requirements shall apply to any system of Internet-based
11filing authorized by this Section. When this Section does
12modify or remove the requirements set forth elsewhere in this
13Article, the provisions of this Section shall apply to any
14system of Internet-based filing authorized by this Section.
15    (b) In any system of Internet-based filing of statements
16of economic interests instituted by the Secretary of State or
17a county clerk:
18        (1) Any filing of an Internet-based statement of
19    economic interests shall be the equivalent of the filing
20    of a verified, written statement of economic interests as
21    required by Section 4A-101 or 4A-101.5 and the equivalent
22    of the filing of a verified, dated, and signed statement
23    of economic interests as required by Section 4A-104.
24        (2) The Secretary of State and county clerks who
25    institute a system of Internet-based filing of statements
26    of economic interests shall establish a password-protected

 

 

HB3396- 19 -LRB102 10926 RJF 16258 b

1    website to receive the filings of such statements. A
2    website established under this Section shall set forth and
3    provide a means of responding to the items set forth in
4    Section 4A-102 or 4A-102.5 that are required of a person
5    who files a statement of economic interests with that
6    officer. A website established under this Section shall
7    set forth and provide a means of generating a printable
8    receipt page acknowledging filing.
9        (3) The times for the filing of statements of economic
10    interests set forth in Section 4A-105 shall be followed in
11    any system of Internet-based filing of statements of
12    economic interests; provided that a candidate for elective
13    office who is required to file a statement of economic
14    interests in relation to his or her candidacy pursuant to
15    Section 4A-105(a) shall receive a written or printed
16    receipt for his or her filing.
17        A candidate filing for Governor, Lieutenant Governor,
18    Attorney General, Secretary of State, Treasurer,
19    Comptroller, State Senate, or State House of
20    Representatives shall not use the Internet to file his or
21    her statement of economic interests, but shall file his or
22    her statement of economic interests in a written or
23    printed form and shall receive a written or printed
24    receipt for his or her filing. Annually, the duly
25    appointed ethics officer for each legislative caucus shall
26    certify to the Secretary of State whether his or her

 

 

HB3396- 20 -LRB102 10926 RJF 16258 b

1    caucus members will file their statements of economic
2    interests electronically or in a written or printed format
3    for that year. If the ethics officer for a caucus
4    certifies that the statements of economic interests shall
5    be written or printed, then members of the General
6    Assembly of that caucus shall not use the Internet to file
7    his or her statement of economic interests, but shall file
8    his or her statement of economic interests in a written or
9    printed form and shall receive a written or printed
10    receipt for his or her filing. If no certification is made
11    by an ethics officer for a legislative caucus, or if a
12    member of the General Assembly is not affiliated with a
13    legislative caucus, then the affected member or members of
14    the General Assembly may file their statements of economic
15    interests using the Internet.
16        (4) In the first year of the implementation of a
17    system of Internet-based filing of statements of economic
18    interests, each person required to file such a statement
19    is to be notified in writing of his or her obligation to
20    file his or her statement of economic interests by way of
21    the Internet-based system. If access to the website web
22    site requires a code or password, this information shall
23    be included in the notice prescribed by this paragraph.
24        (5) When a person required to file a statement of
25    economic interests has supplied the Secretary of State or
26    a county clerk, as applicable, with an email address for

 

 

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1    the purpose of receiving notices under this Article by
2    email, a notice sent by email to the supplied email
3    address shall be the equivalent of a notice sent by first
4    class mail, as set forth in Section 4A-106 or 4A-106.5. A
5    person who has supplied such an email address shall notify
6    the Secretary of State or county clerk, as applicable,
7    when his or her email address changes or if he or she no
8    longer wishes to receive notices by email.
9        (6) If any person who is required to file a statement
10    of economic interests and who has chosen to receive
11    notices by email fails to file his or her statement by May
12    10, then the Secretary of State or county clerk, as
13    applicable, shall send an additional email notice on that
14    date, informing the person that he or she has not filed and
15    describing the penalties for late filing and failing to
16    file. This notice shall be in addition to other notices
17    provided for in this Article.
18        (7) The Secretary of State and each county clerk who
19    institutes a system of Internet-based filing of statements
20    of economic interests may also institute an Internet-based
21    process for the filing of the list of names and addresses
22    of persons required to file statements of economic
23    interests by the chief administrative officers that must
24    file such information with the Secretary of State or
25    county clerk, as applicable, pursuant to Section 4A-106 or
26    4A-106.5. Whenever the Secretary of State or a county

 

 

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1    clerk institutes such a system under this paragraph, every
2    chief administrative officer must use the system to file
3    this information.
4        (8) The Secretary of State and any county clerk who
5    institutes a system of Internet-based filing of statements
6    of economic interests shall post the contents of such
7    statements filed with him or her available for inspection
8    and copying on a publicly accessible website. Such
9    postings shall not include the addresses or signatures of
10    the filers.
11(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
12revised 9-12-19.)
 
13    Section 10. The State Officials and Employees Ethics Act
14is amended by changing Sections 5-40, 5-45, 25-5, 25-10,
1525-15, 25-20, and 25-52 and by adding Sections 5-53, 5-70,
1620-64, and 25-64 as follows:
 
17    (5 ILCS 430/5-40)
18    Sec. 5-40. Fundraising during legislative session in
19Sangamon County. Any Except as provided in this Section, any
20executive branch constitutional officer, any candidate for an
21executive branch constitutional office, any member of the
22General Assembly, any candidate for the General Assembly, any
23political caucus of the General Assembly, or any political
24committee on behalf of any of the foregoing may not hold a

 

 

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1political fundraising function in the State of Illinois
2Sangamon County on any day the legislature is in session (i)
3during the period beginning February 1 and ending on the later
4of the actual adjournment dates of either house of the spring
5session and (ii) during fall veto session. For purposes of
6this Section, the legislature is not considered to be in
7session on a day that is solely a perfunctory session day or on
8a day when only a committee is meeting.
9    During the period beginning June 1 and ending on the first
10day of fall veto session each year, this Section does not apply
11to (i) a member of the General Assembly whose legislative or
12representative district is entirely within Sangamon County or
13(ii) a candidate for the General Assembly from that
14legislative or representative district.
15(Source: P.A. 96-555, eff. 8-18-09.)
 
16    (5 ILCS 430/5-45)
17    Sec. 5-45. Procurement; revolving door prohibition.
18    (a) No former officer, member, or State employee, or
19spouse or immediate family member living with such person,
20shall, within a period of one year immediately after
21termination of State employment, knowingly accept employment
22or receive compensation or fees for services from a person or
23entity if the officer, member, or State employee, during the
24year immediately preceding termination of State employment,
25participated personally and substantially in the award of

 

 

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1State contracts, or the issuance of State contract change
2orders, with a cumulative value of $25,000 or more to the
3person or entity, or its parent or subsidiary.
4    (a-5) No officer, member, or spouse or immediate family
5member living with such person shall, during the officer or
6member's term in office or within a period of 2 years
7immediately leaving office, hold an ownership interest, other
8than a passive interest in a publicly traded company, in any
9gaming license under the Illinois Gambling Act, the Video
10Gaming Act, the Illinois Horse Racing Act of 1975, or the
11Sports Wagering Act. Any member of the General Assembly or
12spouse or immediate family member living with such person who
13has an ownership interest, other than a passive interest in a
14publicly traded company, in any gaming license under the
15Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
16the Video Gaming Act, or the Sports Wagering Act at the time of
17the effective date of this amendatory Act of the 101st General
18Assembly shall divest himself or herself of such ownership
19within one year after the effective date of this amendatory
20Act of the 101st General Assembly. No State employee who works
21for the Illinois Gaming Board or Illinois Racing Board or
22spouse or immediate family member living with such person
23shall, during State employment or within a period of 2 years
24immediately after termination of State employment, hold an
25ownership interest, other than a passive interest in a
26publicly traded company, in any gaming license under the

 

 

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1Illinois Gambling Act, the Video Gaming Act, the Illinois
2Horse Racing Act of 1975, or the Sports Wagering Act.
3    (a-10) This subsection (a-10) applies on and after June
425, 2021. No officer, member, or spouse or immediate family
5member living with such person, shall, during the officer or
6member's term in office or within a period of 2 years
7immediately after leaving office, hold an ownership interest,
8other than a passive interest in a publicly traded company, in
9any cannabis business establishment which is licensed under
10the Cannabis Regulation and Tax Act. Any member of the General
11Assembly or spouse or immediate family member living with such
12person who has an ownership interest, other than a passive
13interest in a publicly traded company, in any cannabis
14business establishment which is licensed under the Cannabis
15Regulation and Tax Act at the time of the effective date of
16this amendatory Act of the 101st General Assembly shall divest
17himself or herself of such ownership within one year after the
18effective date of this amendatory Act of the 101st General
19Assembly.
20    No State employee who works for any State agency that
21regulates cannabis business establishment license holders who
22participated personally and substantially in the award of
23licenses under the Cannabis Regulation and Tax Act or a spouse
24or immediate family member living with such person shall,
25during State employment or within a period of 2 years
26immediately after termination of State employment, hold an

 

 

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1ownership interest, other than a passive interest in a
2publicly traded company, in any cannabis license under the
3Cannabis Regulation and Tax Act.
4    (b) No former officer of the executive branch or State
5employee of the executive branch with regulatory or licensing
6authority, or spouse or immediate family member living with
7such person, shall, within a period of one year immediately
8after termination of State employment, knowingly accept
9employment or receive compensation or fees for services from a
10person or entity if the officer or State employee, during the
11year immediately preceding termination of State employment,
12participated personally and substantially in making a
13regulatory or licensing decision that directly applied to the
14person or entity, or its parent or subsidiary.
15    (c) Within 6 months after the effective date of this
16amendatory Act of the 96th General Assembly, each executive
17branch constitutional officer and legislative leader, the
18Auditor General, and the Joint Committee on Legislative
19Support Services shall adopt a policy delineating which State
20positions under his or her jurisdiction and control, by the
21nature of their duties, may have the authority to participate
22personally and substantially in the award of State contracts
23or in regulatory or licensing decisions. The Governor shall
24adopt such a policy for all State employees of the executive
25branch not under the jurisdiction and control of any other
26executive branch constitutional officer.

 

 

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1    The policies required under subsection (c) of this Section
2shall be filed with the appropriate ethics commission
3established under this Act or, for the Auditor General, with
4the Office of the Auditor General.
5    (d) Each Inspector General shall have the authority to
6determine that additional State positions under his or her
7jurisdiction, not otherwise subject to the policies required
8by subsection (c) of this Section, are nonetheless subject to
9the notification requirement of subsection (f) below due to
10their involvement in the award of State contracts or in
11regulatory or licensing decisions.
12    (e) The Joint Committee on Legislative Support Services,
13the Auditor General, and each of the executive branch
14constitutional officers and legislative leaders subject to
15subsection (c) of this Section shall provide written
16notification to all employees in positions subject to the
17policies required by subsection (c) or a determination made
18under subsection (d): (1) upon hiring, promotion, or transfer
19into the relevant position; and (2) at the time the employee's
20duties are changed in such a way as to qualify that employee.
21An employee receiving notification must certify in writing
22that the person was advised of the prohibition and the
23requirement to notify the appropriate Inspector General in
24subsection (f).
25    (f) Any State employee in a position subject to the
26policies required by subsection (c) or to a determination

 

 

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1under subsection (d), but who does not fall within the
2prohibition of subsection (h) below, who is offered non-State
3employment during State employment or within a period of one
4year immediately after termination of State employment shall,
5prior to accepting such non-State employment, notify the
6appropriate Inspector General. Within 10 calendar days after
7receiving notification from an employee in a position subject
8to the policies required by subsection (c), such Inspector
9General shall make a determination as to whether the State
10employee is restricted from accepting such employment by
11subsection (a) or (b). In making a determination, in addition
12to any other relevant information, an Inspector General shall
13assess the effect of the prospective employment or
14relationship upon decisions referred to in subsections (a) and
15(b), based on the totality of the participation by the former
16officer, member, or State employee in those decisions. A
17determination by an Inspector General must be in writing,
18signed and dated by the Inspector General, and delivered to
19the subject of the determination within 10 calendar days or
20the person is deemed eligible for the employment opportunity.
21For purposes of this subsection, "appropriate Inspector
22General" means (i) for members and employees of the
23legislative branch, the Legislative Inspector General; (ii)
24for the Auditor General and employees of the Office of the
25Auditor General, the Inspector General provided for in Section
2630-5 of this Act; and (iii) for executive branch officers and

 

 

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1employees, the Inspector General having jurisdiction over the
2officer or employee. Notice of any determination of an
3Inspector General and of any such appeal shall be given to the
4ultimate jurisdictional authority, the Attorney General, and
5the Executive Ethics Commission.
6    (g) An Inspector General's determination regarding
7restrictions under subsection (a) or (b) may be appealed to
8the appropriate Ethics Commission by the person subject to the
9decision or the Attorney General no later than the 10th
10calendar day after the date of the determination.
11    On appeal, the Ethics Commission or Auditor General shall
12seek, accept, and consider written public comments regarding a
13determination. In deciding whether to uphold an Inspector
14General's determination, the appropriate Ethics Commission or
15Auditor General shall assess, in addition to any other
16relevant information, the effect of the prospective employment
17or relationship upon the decisions referred to in subsections
18(a) and (b), based on the totality of the participation by the
19former officer, member, or State employee in those decisions.
20The Ethics Commission shall decide whether to uphold an
21Inspector General's determination within 10 calendar days or
22the person is deemed eligible for the employment opportunity.
23    (h) The following officers, members, or State employees
24shall not, within a period of one year immediately after
25termination of office or State employment, knowingly accept
26employment or receive compensation or fees for services from a

 

 

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1person or entity if the person or entity or its parent or
2subsidiary, during the year immediately preceding termination
3of State employment, was a party to a State contract or
4contracts with a cumulative value of $25,000 or more involving
5the officer, member, or State employee's State agency, or was
6the subject of a regulatory or licensing decision involving
7the officer, member, or State employee's State agency,
8regardless of whether he or she participated personally and
9substantially in the award of the State contract or contracts
10or the making of the regulatory or licensing decision in
11question:
12        (1) members or officers;
13        (2) members of a commission or board created by the
14    Illinois Constitution;
15        (3) persons whose appointment to office is subject to
16    the advice and consent of the Senate;
17        (4) the head of a department, commission, board,
18    division, bureau, authority, or other administrative unit
19    within the government of this State;
20        (5) chief procurement officers, State purchasing
21    officers, and their designees whose duties are directly
22    related to State procurement;
23        (6) chiefs of staff, deputy chiefs of staff, associate
24    chiefs of staff, assistant chiefs of staff, and deputy
25    governors;
26        (7) employees of the Illinois Racing Board; and

 

 

HB3396- 31 -LRB102 10926 RJF 16258 b

1        (8) employees of the Illinois Gaming Board.
2    (h-5) A member may not be registered as a lobbyist, or make
3expenditures, receive compensation, or receive reimbursement
4for actual expenses for lobbying, within a period of one year
5immediately after termination of the member's most recent term
6of office or for the remainder of the term of office from which
7the person resigned, whichever is longer.
8    (i) For the purposes of this Section, with respect to
9officers or employees of a regional transit board, as defined
10in this Act, the phrase "person or entity" does not include:
11(i) the United States government, (ii) the State, (iii)
12municipalities, as defined under Article VII, Section 1 of the
13Illinois Constitution, (iv) units of local government, as
14defined under Article VII, Section 1 of the Illinois
15Constitution, or (v) school districts.
16(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
17    (5 ILCS 430/5-53 new)
18    Sec. 5-53. Communications regarding State agency
19contracts.
20    (a) Any communication regarding a State agency contract
21received by an agency, agency head, or other agency employee
22from a member of the General Assembly, or his or her official
23representative or attorney, shall promptly be reported to that
24agency's ethics officer by the recipient of the communication
25and by any other employee of that agency who responds to the

 

 

HB3396- 32 -LRB102 10926 RJF 16258 b

1communication. The ethics officer shall require that the
2communication be promptly made a part of the record of the
3General Assembly, and the communication shall be made publicly
4available on the Illinois General Assembly website.
5    (b) The information provided by the ethics officer under
6subsection (a) shall, to the extent practicable, include the
7following: all written communications, all written responses
8to the communications, and a memorandum prepared by the ethics
9officer stating the nature and substance of all oral
10communications, the identity and job title of the person to
11whom each communication was made, all responses made, the
12identity and job title of the person making each response, the
13identity of each person from whom the written or oral
14communication was received, the individual or entity
15represented by that person, any action the person requested or
16recommended, the date of the relevant communication, and any
17other pertinent information.
 
18    (5 ILCS 430/5-70 new)
19    Sec. 5-70. Prohibition on familial General Assembly
20employment. No family member of a member of the General
21Assembly, including his or her spouse and any immediate family
22member living with that member, shall be employed by the
23General Assembly, or an agency under the jurisdiction of the
24General Assembly, for compensation. The requirements of this
25Section apply only during the term of office of a member of the

 

 

HB3396- 33 -LRB102 10926 RJF 16258 b

1General Assembly. The prohibition under this Section does not
2apply to a family member who may at the time of a member's term
3of office also be a member of the General Assembly.
 
4    (5 ILCS 430/20-64 new)
5    Sec. 20-64. Rights of complainants.
6    (a) As used in this Section, "complainant" means a known
7person identified in a complaint filed with an Executive
8Inspector General, other than persons identified as
9complainants under Section 20-63.
10    (b) A complainant shall have the following rights:
11        (1) within 5 business days of the Executive Inspector
12    General receiving a complaint in which the complainant is
13    identified, to be notified by the Executive Inspector
14    General of the receipt of the complaint, the complainant's
15    rights, and an explanation of the process, rules, and
16    procedures related to the investigation of an allegation,
17    and the duties of the Executive Inspector General and the
18    Executive Ethics Commission;
19        (2) within 5 business days after the Executive
20    Inspector General's decision to open or close an
21    investigation into the complaint or refer the complaint to
22    another appropriate agency, to be notified of the
23    Executive Inspector General's decision; however, if the
24    Executive Inspector General reasonably determines that
25    publicly acknowledging the existence of an investigation

 

 

HB3396- 34 -LRB102 10926 RJF 16258 b

1    would interfere with the conduct or completion of that
2    investigation, the notification may be withheld until
3    public acknowledgment of the investigation would no longer
4    interfere with that investigation;
5        (3) after an investigation has been opened, to have
6    any interviews of the complainant audio recorded by the
7    Executive Inspector General and to review, in person and
8    in the presence of the Executive Inspector General or his
9    or her designee, any transcript or interview report
10    created from that audio recorded interview. The
11    complainant may provide any supplemental statements or
12    evidence throughout the investigation;
13        (4) to have a union representative, attorney,
14    co-worker, or other support person who is not involved in
15    the investigation, at the complainant's expense, present
16    at any interview or meeting, whether in person or by
17    telephone or audio-visual communication, between the
18    complainant and the Executive Inspector General or
19    Executive Ethics Commission;
20        (5) to submit an impact statement that shall be
21    included with the Executive Inspector General's summary
22    report to the Executive Ethics Commission for its
23    consideration;
24        (6) to testify at a hearing held under subsection (g)
25    of Section 20-50, and have a single union representative,
26    attorney, co-worker, or other support person who is not

 

 

HB3396- 35 -LRB102 10926 RJF 16258 b

1    involved in the investigation, at the complainant's
2    expense, accompany him or her while testifying;
3        (7) to review, within 5 business days prior to its
4    release, any portion of a summary report of the
5    investigation subject to public release under this Article
6    related to the allegations concerning the complainant,
7    after redactions made by the Executive Ethics Commission,
8    and offer suggestions for redaction or provide a response
9    that shall be made public with the summary report; and
10        (8) to file a complaint with the Executive Ethics
11    Commission for any violation of the complainant's rights
12    under this Section by the Executive Inspector General.
13    (c) The complainant shall have the sole discretion in
14determining whether to exercise the rights set forth in this
15Section. All rights under this Section shall be waived if the
16complainant fails to cooperate with the Executive Inspector
17General's investigation of the complaint.
18    (d) The notice requirements imposed on Inspectors General
19by this Section shall be waived if the Inspector General is
20unable to identify or locate the complainant.
 
21    (5 ILCS 430/25-5)
22    Sec. 25-5. Legislative Ethics Commission.
23    (a) The Legislative Ethics Commission is created.
24    (b) The Legislative Ethics Commission shall consist of 8
25commissioners appointed 2 each by the President and Minority

 

 

HB3396- 36 -LRB102 10926 RJF 16258 b

1Leader of the Senate and the Speaker and Minority Leader of the
2House of Representatives.
3    The terms of the initial commissioners shall commence upon
4qualification. Each appointing authority shall designate one
5appointee who shall serve for a 2-year term running through
6June 30, 2005. Each appointing authority shall designate one
7appointee who shall serve for a 4-year term running through
8June 30, 2007. The initial appointments shall be made within
960 days after the effective date of this Act.
10    After the initial terms, commissioners shall serve for
114-year terms commencing on July 1 of the year of appointment
12and running through June 30 of the fourth following year.
13Commissioners may be reappointed to one or more subsequent
14terms.
15    Vacancies occurring other than at the end of a term shall
16be filled by the appointing authority only for the balance of
17the term of the commissioner whose office is vacant.
18    Terms shall run regardless of whether the position is
19filled.
20    (c) The appointing authorities shall appoint commissioners
21who have experience holding governmental office or employment
22and may appoint commissioners who are members of the General
23Assembly as well as commissioners from the general public. A
24commissioner who is a member of the General Assembly must
25recuse himself or herself from participating in any matter
26relating to any investigation or proceeding in which he or she

 

 

HB3396- 37 -LRB102 10926 RJF 16258 b

1is the subject or is a complainant. A person is not eligible to
2serve as a commissioner if that person (i) has been convicted
3of a felony or a crime of dishonesty or moral turpitude, (ii)
4is, or was within the preceding 12 months, engaged in
5activities that require registration under the Lobbyist
6Registration Act, (iii) is a relative of the appointing
7authority, (iv) is a State officer or employee other than a
8member of the General Assembly, or (v) is a candidate for
9statewide office, federal office, or judicial office.
10    (c-5) If a commissioner is required to recuse himself or
11herself from participating in a matter as provided in
12subsection (c), the recusal shall create a temporary vacancy
13for the limited purpose of consideration of the matter for
14which the commissioner recused himself or herself, and the
15appointing authority for the recusing commissioner shall make
16a temporary appointment to fill the vacancy for consideration
17of the matter for which the commissioner recused himself or
18herself.
19    (d) The Legislative Ethics Commission shall have
20jurisdiction over current and former members of the General
21Assembly regarding events occurring during a member's term of
22office and current and former State employees regarding events
23occurring during any period of employment where the State
24employee's ultimate jurisdictional authority is (i) a
25legislative leader, (ii) the Senate Operations Commission, or
26(iii) the Joint Committee on Legislative Support Services. The

 

 

HB3396- 38 -LRB102 10926 RJF 16258 b

1Legislative Ethics Commission shall have jurisdiction over
2complainants and respondents in violation of subsection (d) of
3Section 25-90. The jurisdiction of the Commission is limited
4to matters arising under this Act and the Illinois
5Governmental Ethics Act.
6    An officer or executive branch State employee serving on a
7legislative branch board or commission remains subject to the
8jurisdiction of the Executive Ethics Commission and is not
9subject to the jurisdiction of the Legislative Ethics
10Commission.
11    (e) The Legislative Ethics Commission must meet, either in
12person or by other technological means, monthly or as often as
13necessary. At the first meeting of the Legislative Ethics
14Commission, the commissioners shall choose from their number a
15chairperson and other officers that they deem appropriate. The
16terms of officers shall be for 2 years commencing July 1 and
17running through June 30 of the second following year. Meetings
18shall be held at the call of the chairperson or any 3
19commissioners. Official action by the Commission shall require
20the affirmative vote of 5 commissioners, and a quorum shall
21consist of 5 commissioners. Commissioners shall receive no
22compensation but may be reimbursed for their reasonable
23expenses actually incurred in the performance of their duties.
24    (f) No commissioner, other than a commissioner who is a
25member of the General Assembly, or employee of the Legislative
26Ethics Commission may during his or her term of appointment or

 

 

HB3396- 39 -LRB102 10926 RJF 16258 b

1employment:
2        (1) become a candidate for any elective office;
3        (2) hold any other elected or appointed public office
4    except for appointments on governmental advisory boards or
5    study commissions or as otherwise expressly authorized by
6    law;
7        (3) be actively involved in the affairs of any
8    political party or political organization; or
9        (4) advocate for the appointment of another person to
10    an appointed or elected office or position or actively
11    participate in any campaign for any elective office.
12    (f-5) No commissioner who is a member of the General
13Assembly may be a candidate for statewide office, federal
14office, or judicial office. If a commissioner who is a member
15of the General Assembly files petitions to be a candidate for a
16statewide office, federal office, or judicial office, he or
17she shall be deemed to have resigned from his or her position
18as a commissioner on the date his or her name is certified for
19the ballot by the State Board of Elections or local election
20authority and his or her position as a commissioner shall be
21deemed vacant. Such person may not be reappointed to the
22Commission during any time he or she is a candidate for
23statewide office, federal office, or judicial office.
24    (g) An appointing authority may remove a commissioner only
25for cause.
26    (h) The Legislative Ethics Commission shall appoint an

 

 

HB3396- 40 -LRB102 10926 RJF 16258 b

1Executive Director subject to the approval of at least 3 of the
24 legislative leaders. The compensation of the Executive
3Director shall be as determined by the Commission. The
4Executive Director of the Legislative Ethics Commission may
5employ, subject to the approval of at least 3 of the 4
6legislative leaders, and determine the compensation of staff,
7as appropriations permit.
8    (i) In consultation with the Legislative Inspector
9General, the Legislative Ethics Commission may develop
10comprehensive training for members and employees under its
11jurisdiction that includes, but is not limited to, sexual
12harassment, employment discrimination, and workplace civility.
13The training may be recommended to the ultimate jurisdictional
14authorities and may be approved by the Commission to satisfy
15the sexual harassment training required under Section 5-10.5
16or be provided in addition to the annual sexual harassment
17training required under Section 5-10.5. The Commission may
18seek input from governmental agencies or private entities for
19guidance in developing such training.
20(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
21101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
 
22    (5 ILCS 430/25-10)
23    Sec. 25-10. Office of Legislative Inspector General.
24    (a) The independent Office of the Legislative Inspector
25General is created. The Office shall be under the direction

 

 

HB3396- 41 -LRB102 10926 RJF 16258 b

1and supervision of the Legislative Inspector General and shall
2be a fully independent office with its own appropriation.
3    (b) The Legislative Inspector General shall be appointed
4without regard to political affiliation and solely on the
5basis of integrity and demonstrated ability. The Legislative
6Ethics Commission shall diligently search out qualified
7candidates for Legislative Inspector General and shall make
8recommendations to the General Assembly. The Legislative
9Inspector General may serve in a full-time, part-time, or
10contractual capacity.
11    The Legislative Inspector General shall be appointed by a
12joint resolution of the Senate and the House of
13Representatives, which may specify the date on which the
14appointment takes effect. A joint resolution, or other
15document as may be specified by the Joint Rules of the General
16Assembly, appointing the Legislative Inspector General must be
17certified by the Speaker of the House of Representatives and
18the President of the Senate as having been adopted by the
19affirmative vote of three-fifths of the members elected to
20each house, respectively, and be filed with the Secretary of
21State. The appointment of the Legislative Inspector General
22takes effect on the day the appointment is completed by the
23General Assembly, unless the appointment specifies a later
24date on which it is to become effective.
25    The Legislative Inspector General shall have the following
26qualifications:

 

 

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1        (1) has not been convicted of any felony under the
2    laws of this State, another state, or the United States;
3        (2) has earned a baccalaureate degree from an
4    institution of higher education; and
5        (3) has 5 or more years of cumulative service (A) with
6    a federal, State, or local law enforcement agency, at
7    least 2 years of which have been in a progressive
8    investigatory capacity; (B) as a federal, State, or local
9    prosecutor; (C) as a senior manager or executive of a
10    federal, State, or local agency; (D) as a member, an
11    officer, or a State or federal judge; or (E) representing
12    any combination of items (A) through (D).
13    The Legislative Inspector General may not be a relative of
14a commissioner.
15    The term of the initial Legislative Inspector General
16shall commence upon qualification and shall run through June
1730, 2008.
18    After the initial term, the Legislative Inspector General
19shall serve for 5-year terms commencing on July 1 of the year
20of appointment and running through June 30 of the fifth
21following year. The Legislative Inspector General may be
22reappointed to one or more subsequent terms. Terms shall run
23regardless of whether the position is filled.
24    (b-5) A vacancy occurring other than at the end of a term
25shall be filled in the same manner as an appointment only for
26the balance of the term of the Legislative Inspector General

 

 

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1whose office is vacant. Within 7 days of the Office becoming
2vacant or receipt of a Legislative Inspector General's
3prospective resignation, the vacancy shall be publicly posted
4on the Commission's website, along with a description of the
5requirements for the position and where applicants may apply.
6    Within 45 days of the vacancy, the Commission shall
7designate an Acting Legislative Inspector General who shall
8serve until the vacancy is filled. The Commission shall file
9the designation in writing with the Secretary of State.
10    Within 60 days prior to the end of the term of the
11Legislative Inspector General or within 30 days of the
12occurrence of a vacancy in the Office of the Legislative
13Inspector General, the Legislative Ethics Commission shall
14establish a four-member search committee within the Commission
15for the purpose of conducting a search for qualified
16candidates to serve as Legislative Inspector General. The
17Speaker of the House of Representatives, Minority Leader of
18the House, Senate President, and Minority Leader of the Senate
19shall each appoint one member to the search committee. A
20member of the search committee shall be either a retired judge
21or former prosecutor and may not be a member or employee of the
22General Assembly or a registered lobbyist. If the Legislative
23Ethics Commission wishes to recommend that the Legislative
24Inspector General be re-appointed, a search committee does not
25need to be appointed.
26    The search committee shall conduct a search for qualified

 

 

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1candidates, accept applications, and conduct interviews. The
2search committee shall recommend up to 3 candidates for
3Legislative Inspector General to the Legislative Ethics
4Commission. The search committee shall be disbanded upon an
5appointment of the Legislative Inspector General. Members of
6the search committee are not entitled to compensation but
7shall be entitled to reimbursement of reasonable expenses
8incurred in connection with the performance of their duties.
9    Within 30 days after June 8, 2018 (the effective date of
10Public Act 100-588) this amendatory Act of the 100th General
11Assembly, the Legislative Ethics Commission shall create a
12search committee in the manner provided for in this subsection
13to recommend up to 3 candidates for Legislative Inspector
14General to the Legislative Ethics Commission by October 31,
152018.
16    If a vacancy exists and the Commission has not appointed
17an Acting Legislative Inspector General, either the staff of
18the Office of the Legislative Inspector General, or if there
19is no staff, the Executive Director, shall advise the
20Commission of all open investigations and any new allegations
21or complaints received in the Office of the Inspector General.
22These reports shall not include the name of any person
23identified in the allegation or complaint, including, but not
24limited to, the subject of and the person filing the
25allegation or complaint. Notification shall be made to the
26Commission on a weekly basis unless the Commission approves of

 

 

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1a different reporting schedule.
2    If the Office of the Inspector General is vacant for 6
3months or more beginning on or after January 1, 2019, and the
4Legislative Ethics Commission has not appointed an Acting
5Legislative Inspector General, all complaints made to the
6Legislative Inspector General or the Legislative Ethics
7Commission shall be directed to the Inspector General for the
8Auditor General, and he or she shall have the authority to act
9as provided in subsection (c) of this Section and Section
1025-20 of this Act, and shall be subject to all laws and rules
11governing a Legislative Inspector General or Acting
12Legislative Inspector General. The authority for the Inspector
13General of the Auditor General under this paragraph shall
14terminate upon appointment of a Legislative Inspector General
15or an Acting Legislative Inspector General.
16    (c) The Legislative Inspector General shall have
17jurisdiction over the current and former members of the
18General Assembly regarding events occurring during a member's
19term of office and current and former State employees
20regarding events occurring during any period of employment
21where the State employee's ultimate jurisdictional authority
22is (i) a legislative leader, (ii) the Senate Operations
23Commission, or (iii) the Joint Committee on Legislative
24Support Services.
25    The jurisdiction of each Legislative Inspector General is
26to investigate allegations of fraud, waste, abuse,

 

 

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1mismanagement, misconduct, nonfeasance, misfeasance,
2malfeasance, or violations of this Act or violations of other
3related laws and rules, including violations of the Illinois
4Governmental Ethics Act.
5    The Legislative Inspector General shall have jurisdiction
6over complainants in violation of subsection (e) of Section
725-63 of this Act.
8    (d) The compensation of the Legislative Inspector General
9shall be the greater of an amount (i) determined (i) by the
10Commission or (ii) by joint resolution of the General Assembly
11passed by a majority of members elected in each chamber.
12Subject to Section 25-45 of this Act, the Legislative
13Inspector General has full authority to organize the Office of
14the Legislative Inspector General, including the employment
15and determination of the compensation of staff, such as
16deputies, assistants, and other employees, as appropriations
17permit. Employment of staff is subject to the approval of at
18least 3 of the 4 legislative leaders.
19    (e) No Legislative Inspector General or employee of the
20Office of the Legislative Inspector General may, during his or
21her term of appointment or employment:
22        (1) become a candidate for any elective office;
23        (2) hold any other elected or appointed public office
24    except for appointments on governmental advisory boards or
25    study commissions or as otherwise expressly authorized by
26    law;

 

 

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1        (3) be actively involved in the affairs of any
2    political party or political organization; or
3        (4) actively participate in any campaign for any
4    elective office.
5    A full-time Legislative Inspector General shall not engage
6in the practice of law or any other business, employment, or
7vocation.
8    In this subsection an appointed public office means a
9position authorized by law that is filled by an appointing
10authority as provided by law and does not include employment
11by hiring in the ordinary course of business.
12    (e-1) No Legislative Inspector General or employee of the
13Office of the Legislative Inspector General may, for one year
14after the termination of his or her appointment or employment:
15        (1) become a candidate for any elective office;
16        (2) hold any elected public office; or
17        (3) hold any appointed State, county, or local
18    judicial office.
19    (e-2) The requirements of item (3) of subsection (e-1) may
20be waived by the Legislative Ethics Commission.
21    (f) The Commission may remove the Legislative Inspector
22General only for cause. At the time of the removal, the
23Commission must report to the General Assembly the
24justification for the removal.
25(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
26revised 9-12-19.)
 

 

 

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1    (5 ILCS 430/25-15)
2    Sec. 25-15. Duties of the Legislative Ethics Commission.
3In addition to duties otherwise assigned by law, the
4Legislative Ethics Commission shall have the following duties:
5        (1) To promulgate rules governing the performance of
6    its duties and the exercise of its powers and governing
7    the investigations of the Legislative Inspector General;
8    except that, the Legislative Ethics Commission shall adopt
9    no rule requiring the Legislative Inspector General to
10    seek the Commission's advance approval before commencing
11    any investigation authorized under this Article or issuing
12    a subpoena under this Article. Any existing rule, as of
13    the effective date of this amendatory Act of the 102nd
14    General Assembly, requiring the Legislative Inspector
15    General to seek the Commission's advance approval before
16    commencing any investigation or issuing a subpoena is
17    void. The rules shall be available on the Commission's
18    website and any proposed changes to the rules must be made
19    available to the public on the Commission's website no
20    less than 7 days before the adoption of the changes. Any
21    person shall be given an opportunity to provide written or
22    oral testimony before the Commission in support of or
23    opposition to proposed rules.
24        (2) To conduct administrative hearings and rule on
25    matters brought before the Commission only upon the

 

 

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1    receipt of pleadings filed by the Legislative Inspector
2    General and not upon its own prerogative, but may appoint
3    special Legislative Inspectors General as provided in
4    Section 25-21. Any other allegations of misconduct
5    received by the Commission from a person other than the
6    Legislative Inspector General shall be referred to the
7    Office of the Legislative Inspector General.
8        (3) To prepare and publish manuals and guides and,
9    working with the Office of the Attorney General, oversee
10    training of employees under its jurisdiction that explains
11    their duties.
12        (4) To prepare public information materials to
13    facilitate compliance, implementation, and enforcement of
14    this Act.
15        (5) To submit reports as required by this Act.
16        (6) To the extent authorized by this Act, to make
17    rulings, issue recommendations, and impose administrative
18    fines, if appropriate, in connection with the
19    implementation and interpretation of this Act. The powers
20    and duties of the Commission are limited to matters
21    clearly within the purview of this Act.
22        (7) To issue subpoenas with respect to matters pending
23    before the Commission, subject to the provisions of this
24    Article and in the discretion of the Commission, to compel
25    the attendance of witnesses for purposes of testimony and
26    the production of documents and other items for inspection

 

 

HB3396- 50 -LRB102 10926 RJF 16258 b

1    and copying.
2        (8) To appoint special Legislative Inspectors General
3    as provided in Section 25-21.
4        (9) To conspicuously display on the Commission's
5    website the procedures for reporting a violation of this
6    Act, including how to report violations via email or
7    online.
8        (10) To conspicuously display on the Commission's
9    website any vacancies within the Office of the Legislative
10    Inspector General.
11        (11) To appoint an Acting Legislative Inspector
12    General in the event of a vacancy in the Office of the
13    Legislative Inspector General.
14(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
15    (5 ILCS 430/25-20)
16    Sec. 25-20. Duties of the Legislative Inspector General.
17In addition to duties otherwise assigned by law, the
18Legislative Inspector General shall have the following duties:
19        (1) To receive and investigate allegations of
20    violations of this Act. Except as otherwise provided in
21    paragraph (1.5), an investigation may not be initiated
22    more than one year after the most recent act of the alleged
23    violation or of a series of alleged violations except
24    where there is reasonable cause to believe that fraudulent
25    concealment has occurred. To constitute fraudulent

 

 

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1    concealment sufficient to toll this limitations period,
2    there must be an affirmative act or representation
3    calculated to prevent discovery of the fact that a
4    violation has occurred. The Legislative Inspector General
5    shall have the discretion to determine the appropriate
6    means of investigation as permitted by law.
7        (1.5) Notwithstanding any provision of law to the
8    contrary, the Legislative Inspector General, whether
9    appointed by the Legislative Ethics Commission or the
10    General Assembly, may initiate an investigation based on
11    information provided to the Office of the Legislative
12    Inspector General or the Legislative Ethics Commission
13    during the period from December 1, 2014 through November
14    3, 2017. Any investigation initiated under this paragraph
15    (1.5) must be initiated within one year after the
16    effective date of this amendatory Act of the 100th General
17    Assembly.
18        Notwithstanding any provision of law to the contrary,
19    the Legislative Inspector General, through the Attorney
20    General, shall have the authority to file a complaint
21    related to any founded violations that occurred during the
22    period December 1, 2014 through November 3, 2017 to the
23    Legislative Ethics Commission, and the Commission shall
24    have jurisdiction to conduct administrative hearings
25    related to any pleadings filed by the Legislative
26    Inspector General, provided the complaint is filed with

 

 

HB3396- 52 -LRB102 10926 RJF 16258 b

1    the Commission no later than 6 months after the summary
2    report is provided to the Attorney General in accordance
3    with subsection (c) of Section 25-50.
4        (2) To request information relating to an
5    investigation from any person when the Legislative
6    Inspector General deems that information necessary in
7    conducting an investigation.
8        (3) To issue subpoenas, with the advance approval of
9    the Commission, to compel the attendance of witnesses for
10    the purposes of testimony and production of documents and
11    other items for inspection and copying and to make service
12    of those subpoenas and subpoenas issued under item (7) of
13    Section 25-15.
14        (4) To submit reports as required by this Act.
15        (5) To file pleadings in the name of the Legislative
16    Inspector General with the Legislative Ethics Commission,
17    through the Attorney General, as provided in this Article
18    if the Attorney General finds that reasonable cause exists
19    to believe that a violation has occurred.
20        (6) To assist and coordinate the ethics officers for
21    State agencies under the jurisdiction of the Legislative
22    Inspector General and to work with those ethics officers.
23        (7) To participate in or conduct, when appropriate,
24    multi-jurisdictional investigations.
25        (8) To request, as the Legislative Inspector General
26    deems appropriate, from ethics officers of State agencies

 

 

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1    under his or her jurisdiction, reports or information on
2    (i) the content of a State agency's ethics training
3    program and (ii) the percentage of new officers and
4    employees who have completed ethics training.
5        (9) To establish a policy that ensures the appropriate
6    handling and correct recording of all investigations of
7    allegations and to ensure that the policy is accessible
8    via the Internet in order that those seeking to report
9    those allegations are familiar with the process and that
10    the subjects of those allegations are treated fairly.
11        (10) To post information to the Legislative Inspector
12    General's website explaining to complainants and subjects
13    of an investigation the legal limitations on the
14    Legislative Inspector General's ability to provide
15    information to them and a general overview of the
16    investigation process.
17(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
18    (5 ILCS 430/25-52)
19    Sec. 25-52. Release of summary reports.
20    (a) Within 60 days after receipt of a summary report and
21response from the ultimate jurisdictional authority or agency
22head that resulted in a suspension of at least 3 days or
23termination of employment, the Legislative Ethics Commission
24shall make available to the public the report and response or a
25redacted version of the report and response. The Legislative

 

 

HB3396- 54 -LRB102 10926 RJF 16258 b

1Ethics Commission shall also make available to the public any
2founded report of the Legislative Inspector General, or a
3redacted version of such report, and may make available to the
4public any other summary report and response of the ultimate
5jurisdictional authority or agency head or a redacted version
6of the report and response.
7    (b) The Legislative Ethics Commission shall redact
8information in the summary report that may reveal the identity
9of witnesses, complainants, or informants or if the Commission
10determines it is appropriate to protect the identity of a
11person before publication. The Commission may also redact any
12information it believes should not be made public. Prior to
13publication, the Commission shall permit the respondents,
14Legislative Inspector General, and Attorney General to review
15documents to be made public and offer suggestions for
16redaction or provide a response that shall be made public with
17the summary report.
18    (c) Subject to the requirements of subsection (d), the The
19Legislative Ethics Commission may withhold publication of the
20report or response if the Legislative Inspector General or
21Attorney General certifies that publication will interfere
22with an ongoing investigation.
23    (d) Notwithstanding any provision of law or rule to the
24contrary, any founded report released under this Section shall
25be made available to the public in all cases, unless the
26Legislative Ethics Commission by a majority vote of 6 members

 

 

HB3396- 55 -LRB102 10926 RJF 16258 b

1votes to deny the release of such report.
2(Source: P.A. 96-555, eff. 8-18-09.)
 
3    (5 ILCS 430/25-64 new)
4    Sec. 25-64. Rights of complainants.
5    (a) As used in this Section, "complainant" means a known
6person identified in a complaint filed with an Legislative
7Inspector General, other than persons identified as
8complainants under Section 25-63.
9    (b) A complainant shall have the following rights:
10        (1) within 5 business days of the Legislative
11    Inspector General receiving a complaint in which the
12    complainant is identified, to be notified by the
13    Legislative Inspector General of the receipt of the
14    complaint, the complainant's rights, and an explanation of
15    the process, rules, and procedures related to the
16    investigation of an allegation, and the duties of the
17    Legislative Inspector General and the Legislative Ethics
18    Commission;
19        (2) within 5 business days after the Legislative
20    Inspector General's decision to open or close an
21    investigation into the complaint or refer the complaint to
22    another appropriate agency, to be notified of the
23    Legislative Inspector General's decision; however, if the
24    Legislative Inspector General reasonably determines that
25    publicly acknowledging the existence of an investigation

 

 

HB3396- 56 -LRB102 10926 RJF 16258 b

1    would interfere with the conduct or completion of that
2    investigation, the notification may be withheld until
3    public acknowledgment of the investigation would no longer
4    interfere with that investigation;
5        (3) after an investigation has been opened, to have
6    any interviews of the complainant audio recorded by the
7    Legislative Inspector General and to review, in person and
8    in the presence of the Legislative Inspector General or
9    his or her designee, any transcript or interview report
10    created from that audio recorded interview. The
11    complainant may provide any supplemental statements or
12    evidence throughout the investigation;
13        (4) to have a union representative, attorney,
14    co-worker, or other support person who is not involved in
15    the investigation, at the complainant's expense, present
16    at any interview or meeting, whether in person or by
17    telephone or audio-visual communication, between the
18    complainant and the Legislative Inspector General or
19    Legislative Ethics Commission;
20        (5) to submit an impact statement that shall be
21    included with the Legislative Inspector General's summary
22    report to the Legislative Ethics Commission for its
23    consideration;
24        (6) to testify at a hearing held under subsection (g)
25    of Section 25-50, and have a single union representative,
26    attorney, co-worker, or other support person who is not

 

 

HB3396- 57 -LRB102 10926 RJF 16258 b

1    involved in the investigation, at the complainant's
2    expense, accompany him or her while testifying;
3        (7) to review, within 5 business days prior to its
4    release, any portion of a summary report of the
5    investigation subject to public release under this Article
6    related to the allegations concerning the complainant,
7    after redactions made by the Legislative Ethics
8    Commission, and offer suggestions for redaction or provide
9    a response that shall be made public with the summary
10    report; and
11        (8) to file a complaint with the Legislative Ethics
12    Commission for any violation of the complainant's rights
13    under this Section by the Legislative Inspector General.
14    (c) The complainant shall have the sole discretion in
15determining whether to exercise the rights set forth in this
16Section. All rights under this Section shall be waived if the
17complainant fails to cooperate with the Legislative Inspector
18General's investigation of the complaint.
19    (d) The notice requirements imposed on Legislative
20Inspector General by this Section shall be waived if the
21Legislative Inspector General is unable to identify or locate
22the complainant.
 
23    Section 15. The General Assembly Compensation Act is
24amended by changing Section 1 as follows:
 

 

 

HB3396- 58 -LRB102 10926 RJF 16258 b

1    (25 ILCS 115/1)  (from Ch. 63, par. 14)
2    Sec. 1. Each member of the General Assembly shall receive
3an annual salary of $28,000 or as set by the Compensation
4Review Board, whichever is greater. The following named
5officers, committee chairmen and committee minority spokesmen
6shall receive additional amounts per year for their services
7as such officers, committee chairmen and committee minority
8spokesmen respectively, as set by the Compensation Review
9Board or, as follows, whichever is greater: Beginning the
10second Wednesday in January 1989, the Speaker and the minority
11leader of the House of Representatives and the President and
12the minority leader of the Senate, $16,000 each; the majority
13leader in the House of Representatives $13,500; 5 assistant
14majority leaders and 5 assistant minority leaders in the
15Senate, $12,000 each; 6 assistant majority leaders and 6
16assistant minority leaders in the House of Representatives,
17$10,500 each; 2 Deputy Majority leaders in the House of
18Representatives $11,500 each; and 2 Deputy Minority leaders in
19the House of Representatives, $11,500 each; the majority
20caucus chairman and minority caucus chairman in the Senate,
21$12,000 each; and beginning the second Wednesday in January,
221989, the majority conference chairman and the minority
23conference chairman in the House of Representatives, $10,500
24each; beginning the second Wednesday in January, 1989, the
25chairman and minority spokesman of each standing committee of
26the Senate, except the Rules Committee, the Committee on

 

 

HB3396- 59 -LRB102 10926 RJF 16258 b

1Committees, and the Committee on Assignment of Bills, $6,000
2each; and beginning the second Wednesday in January, 1989, the
3chairman and minority spokesman of each standing and select
4committee of the House of Representatives, $6,000 each; and
5beginning fiscal year 2020, the majority leader in the Senate,
6an amount equal to the majority leader in the House. A member
7who serves in more than one position as an officer, committee
8chairman, or committee minority spokesman shall receive only
9one additional amount based on the position paying the highest
10additional amount. The compensation provided for in this
11Section to be paid per year to members of the General Assembly,
12including the additional sums payable per year to officers of
13the General Assembly shall be paid in 12 equal monthly
14installments. The first such installment is payable on January
1531, 1977. All subsequent equal monthly installments are
16payable on the last working day of the month. A member who has
17held office any part of a month, but not for the entire month,
18is entitled to compensation only for those days during that
19month that he or she held office for an entire month.
20    Mileage shall be paid at the rate of 20 cents per mile
21before January 9, 1985, and at the mileage allowance rate in
22effect under regulations promulgated pursuant to 5 U.S.C.
235707(b)(2) beginning January 9, 1985, for the number of actual
24highway miles necessarily and conveniently traveled by the
25most feasible route to be present upon convening of the
26sessions of the General Assembly by such member in each and

 

 

HB3396- 60 -LRB102 10926 RJF 16258 b

1every trip during each session in going to and returning from
2the seat of government, to be computed by the Comptroller. A
3member traveling by public transportation for such purposes,
4however, shall be paid his actual cost of that transportation
5instead of on the mileage rate if his cost of public
6transportation exceeds the amount to which he would be
7entitled on a mileage basis. No member may be paid, whether on
8a mileage basis or for actual costs of public transportation,
9for more than one such trip for each week the General Assembly
10is actually in session. Each member shall also receive an
11allowance of $36 per day for lodging and meals while in
12attendance at sessions of the General Assembly before January
139, 1985; beginning January 9, 1985, such food and lodging
14allowance shall be equal to the amount per day permitted to be
15deducted for such expenses under the Internal Revenue Code;
16however, beginning May 31, 1995, no allowance for food and
17lodging while in attendance at sessions is authorized for
18periods of time after the last day in May of each calendar
19year, except (i) if the General Assembly is convened in
20special session by either the Governor or the presiding
21officers of both houses, as provided by subsection (b) of
22Section 5 of Article IV of the Illinois Constitution or (ii) if
23the General Assembly is convened to consider bills vetoed,
24item vetoed, reduced, or returned with specific
25recommendations for change by the Governor as provided in
26Section 9 of Article IV of the Illinois Constitution. For

 

 

HB3396- 61 -LRB102 10926 RJF 16258 b

1fiscal year 2011 and for session days in fiscal years 2012,
22013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
3allowance for lodging and meals is $111 per day and (ii)
4mileage for automobile travel shall be reimbursed at a rate of
5$0.39 per mile.
6    Notwithstanding any other provision of law to the
7contrary, beginning in fiscal year 2012, travel reimbursement
8for General Assembly members on non-session days shall be
9calculated using the guidelines set forth by the Legislative
10Travel Control Board, except that fiscal year 2012, 2013,
112014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
12is set at a rate of $0.39 per mile.
13    If a member dies having received only a portion of the
14amount payable as compensation, the unpaid balance shall be
15paid to the surviving spouse of such member, or, if there be
16none, to the estate of such member.
17(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
18101-10, eff. 6-5-19; revised 7-17-19.)
 
19    Section 20. The Legislative Information System Act is
20amended by adding Section 10 as follows:
 
21    (25 ILCS 145/10 new)
22    Sec. 10. Information regarding communications for State
23agency contracts. The System shall establish a page for
24electronic public access on the General Assembly's website

 

 

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1that provides information on any communication regarding a
2State agency contract received by an agency, agency head, or
3other agency employee from a member of the General Assembly as
4provided under Section 5-53 of the State Officials and
5Employees Ethics Act.
 
6    Section 25. The Lobbyist Registration Act is amended by
7changing Sections 2, 11.2, and 11.3 as follows:
 
8    (25 ILCS 170/2)  (from Ch. 63, par. 172)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Person" means any individual, firm, partnership,
12committee, association, corporation, or any other organization
13or group of persons.
14    (b) "Expenditure" means a payment, distribution, loan,
15advance, deposit, or gift of money or anything of value, and
16includes a contract, promise, or agreement, whether or not
17legally enforceable, to make an expenditure, for the ultimate
18purpose of influencing executive, legislative, or
19administrative action, other than compensation as defined in
20subsection (d).
21    (c) "Official" means:
22        (1) the Governor, Lieutenant Governor, Secretary of
23    State, Attorney General, State Treasurer, and State
24    Comptroller;

 

 

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1        (2) Chiefs of Staff for officials described in item
2    (1);
3        (3) Cabinet members of any elected constitutional
4    officer, including Directors, Assistant Directors and
5    Chief Legal Counsel or General Counsel;
6        (4) Members of the General Assembly; and
7        (5) Members of any board, commission, authority, or
8    task force of the State authorized or created by State law
9    or by executive order of the Governor; and .
10        (6) Any elected or appointed official of any unit of
11    local government or school district, including, but not
12    limited to, the members of any legislative body of a unit
13    of local government or school district.
14    (d) "Compensation" means any money, thing of value or
15financial benefits received or to be received in return for
16services rendered or to be rendered, for lobbying as defined
17in subsection (e).
18    Monies paid to members of the General Assembly by the
19State as remuneration for performance of their Constitutional
20and statutory duties as members of the General Assembly shall
21not constitute compensation as defined by this Act.
22    (e) "Lobby" and "lobbying" means any communication with an
23official of the executive or legislative branch of State
24government as defined in subsection (c) for the ultimate
25purpose of influencing any executive, legislative, or
26administrative action.

 

 

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1    (f) "Influencing" means any communication, action,
2reportable expenditure as prescribed in Section 6 or other
3means used to promote, support, affect, modify, oppose or
4delay any executive, legislative or administrative action or
5to promote goodwill with officials as defined in subsection
6(c).
7    (g) "Executive action" means the proposal, drafting,
8development, consideration, amendment, adoption, approval,
9promulgation, issuance, modification, rejection or
10postponement by a State entity, unit of local government, or
11school district of a rule, regulation, order, ordinance,
12resolution, decision, determination, contractual arrangement,
13purchasing agreement or other quasi-legislative or
14quasi-judicial action or proceeding.
15    (h) "Legislative action" means the development, drafting,
16introduction, consideration, modification, adoption,
17rejection, review, enactment, or passage or defeat of any
18bill, amendment, resolution, report, nomination,
19administrative rule or other matter by either house of the
20General Assembly or a committee thereof, or by a legislator,
21or by the legislative body of a unit of local government or
22school district or any member thereof. Legislative action also
23means the action of the Governor in approving or vetoing any
24bill or portion thereof, and the action of the Governor or any
25agency in the development of a proposal for introduction in
26the legislature.

 

 

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1    (i) "Administrative action" means the execution or
2rejection of any rule, regulation, legislative rule, standard,
3fee, rate, contractual arrangement, purchasing agreement or
4other delegated legislative or quasi-legislative action to be
5taken or withheld by any executive agency, department, board
6or commission of the State, a unit of local government, or a
7school district.
8    (j) "Lobbyist" means any natural person who undertakes to
9lobby State government, a unit of local government, or a
10school district as provided in subsection (e).
11    (k) "Lobbying entity" means any entity that hires,
12retains, employs, or compensates a natural person to lobby
13State government, a unit of local government, or a school
14district as provided in subsection (e).
15    (l) "Authorized agent" means the person designated by an
16entity or lobbyist registered under this Act as the person
17responsible for submission and retention of reports required
18under this Act.
19    (m) "Client" means any person or entity that provides
20compensation to a lobbyist to lobby State government, a unit
21of local government, or a school district as provided in
22subsection (e) of this Section.
23    (n) "Client registrant" means a client who is required to
24register under this Act.
25    (o) "Unit of local government" has the meaning ascribed to
26it in Section 1 of Article VII of the Illinois Constitution and

 

 

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1also includes school districts and community college
2districts.
3(Source: P.A. 101-595, eff. 12-5-19.)
 
4    (25 ILCS 170/11.2)
5    Sec. 11.2. Local regulation. A unit of local government or
6school district may adopt an ordinance or resolution
7regulating lobbying activities with that unit of local
8government or school district that imposes requirements
9similar to those imposed by this Act. The changes made by this
10amendatory Act of the 102nd General Assembly shall not
11restrict the authority of a unit of local government or school
12district to regulate lobbying activities under this Section.
13(Source: P.A. 88-187.)
 
14    (25 ILCS 170/11.3)
15    Sec. 11.3. Compensation from a State agency, unit of local
16government, or school district. It is a violation of this Act
17for a person registered or required to be registered under
18this Act to accept or agree to accept compensation from a State
19agency, unit of local government, or school district for the
20purpose of lobbying legislative action.
21    This Section does not apply to compensation (i) that is a
22portion of the salary of a full-time employee of a State agency
23whose responsibility or authority includes, but is not limited
24to, lobbying executive, legislative, or administrative action

 

 

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1or (ii) to an individual who is contractually retained by a
2State agency that is not listed in Section 5-15 of the Civil
3Administrative Code of Illinois.
4    For the purpose of this Section, "State agency" is defined
5as in the Illinois State Auditing Act.
6(Source: P.A. 96-555, eff. 1-1-10.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 420/2-101from Ch. 127, par. 602-101
4    5 ILCS 420/4A-102from Ch. 127, par. 604A-102
5    5 ILCS 420/4A-102.5 new
6    5 ILCS 420/4A-103from Ch. 127, par. 604A-103
7    5 ILCS 420/4A-103.5 new
8    5 ILCS 420/4A-108
9    5 ILCS 430/5-40
10    5 ILCS 430/5-45
11    5 ILCS 430/5-53 new
12    5 ILCS 430/5-70 new
13    5 ILCS 430/20-64 new
14    5 ILCS 430/25-5
15    5 ILCS 430/25-10
16    5 ILCS 430/25-15
17    5 ILCS 430/25-20
18    5 ILCS 430/25-52
19    5 ILCS 430/25-64 new
20    25 ILCS 115/1from Ch. 63, par. 14
21    25 ILCS 145/10 new
22    25 ILCS 170/2from Ch. 63, par. 172
23    25 ILCS 170/11.2
24    25 ILCS 170/11.3