Illinois General Assembly - Full Text of HB3046
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Full Text of HB3046  101st General Assembly


Rep. Luis Arroyo

Filed: 3/26/2019





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2    AMENDMENT NO. ______. Amend House Bill 3046 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Lobbyist Registration Act is amended by
5changing Section 2 as follows:
6    (25 ILCS 170/2)  (from Ch. 63, par. 172)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Person" means any individual, firm, partnership,
10committee, association, corporation, or any other organization
11or group of persons.
12    (b) "Expenditure" means a payment, distribution, loan,
13advance, deposit, or gift of money or anything of value, and
14includes a contract, promise, or agreement, whether or not
15legally enforceable, to make an expenditure, for the ultimate
16purpose of influencing executive, legislative, or



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1administrative action, other than compensation as defined in
2subsection (d).
3    (c) "Official" means:
4        (1) the Governor, Lieutenant Governor, Secretary of
5    State, Attorney General, State Treasurer, and State
6    Comptroller;
7        (2) Chiefs of Staff for officials described in item
8    (1);
9        (3) Cabinet members of any elected constitutional
10    officer, including Directors, Assistant Directors and
11    Chief Legal Counsel or General Counsel;
12        (4) Members of the General Assembly; and
13        (5) Members of any board, commission, authority, or
14    task force of the State authorized or created by State law
15    or by executive order of the Governor; and .
16        (6) Members of the Board of Commissioners of the
17    Metropolitan Water Reclamation District.
18    (d) "Compensation" means any money, thing of value or
19financial benefits received or to be received in return for
20services rendered or to be rendered, for lobbying as defined in
21subsection (e).
22    Monies paid to members of the General Assembly by the State
23as remuneration for performance of their Constitutional and
24statutory duties as members of the General Assembly shall not
25constitute compensation as defined by this Act.
26    (e) "Lobby" and "lobbying" means any communication with an



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



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1any agency in the development of a proposal for introduction in
2the legislature. "Legislative action" also means the
3development, drafting, introduction, consideration,
4modification, adoption, rejection, review, enactment, or
5passage or defeat of any matter before the Metropolitan Water
6Reclamation District Board of Commissioners.
7    (i) "Administrative action" means the execution or
8rejection of any rule, regulation, legislative rule, standard,
9fee, rate, contractual arrangement, purchasing agreement or
10other delegated legislative or quasi-legislative action to be
11taken or withheld by any executive agency, department, board or
12commission of the State, or by the Metropolitan Water
13Reclamation District Board of Commissioners.
14    (j) "Lobbyist" means any natural person who undertakes to
15lobby State government or the Metropolitan Water Reclamation
16District as provided in subsection (e).
17    (k) "Lobbying entity" means any entity that hires, retains,
18employs, or compensates a natural person to lobby State
19government or the Metropolitan Water Reclamation District as
20provided in subsection (e).
21    (l) "Authorized agent" means the person designated by an
22entity or lobbyist registered under this Act as the person
23responsible for submission and retention of reports required
24under this Act.
25    (m) "Client" means any person or entity that provides
26compensation to a lobbyist to lobby State government or the



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1Metropolitan Water Reclamation District as provided in
2subsection (e) of this Section.
3    (n) "Client registrant" means a client who is required to
4register under this Act.
5(Source: P.A. 98-459, eff. 1-1-14.)
6    Section 10. The Metropolitan Water Reclamation District
7Act is amended by adding Section 4.40 as follows:
8    (70 ILCS 2605/4.40 new)
9    Sec. 4.40. Prohibition of nepotism in hiring.
10    (a) As used in this Section:
11    "Chief Compliance Office" means the Chief Compliance
12Office within the Office of the Governor created by Executive
13Order 2018-02.
14    "Commission" means the Executive Ethics Commission.
15    "District officer" means the commissioners of a sanitary
16district or an officer of a sanitary district named in Section
18    "Labor organization" has the meaning provided in Section 3
19of the Illinois Public Labor Relations Act.
20    "Relative" means an individual who is related to a sanitary
21district commissioner, officer, or employee as father, mother,
22son, daughter, grandfather, grandmother, grandson,
23granddaughter, brother, sister, uncle, aunt, first cousin,
24nephew, niece, husband, wife, father-in-law, mother-in-law,



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1son-in-law, daughter-in-law, grandson-in-law,
2granddaughter-in-law, brother-in-law, sister-in-law,
3stepfather, stepmother, stepson, stepdaughter, stepbrother,
4stepsister, step-grandson, step-granddaughter, half-brother,
5or half -sister.
6    (b) Notwithstanding any other provision in this Act, the
7following apply to a sanitary district organized under this
9        (1) A sanitary district officer may not appoint, hire,
10    promote, advance, or advocate for the appointment, hiring,
11    employment, promotion, or advancement, in or to a position
12    in any sanitary district, any individual who is a relative
13    of the sanitary district commissioner or officer.
14        (2) An individual may not be appointed, hired,
15    promoted, or advanced in or to a position in any sanitary
16    district if the appointment, employment, promotion, or
17    advancement has been advocated by a district commissioner
18    or officer who is a relative of the individual.
19        (3) An individual may not be placed in a relative's
20    direct line of supervision, may not evaluate a relative's
21    job performance and may not recommend a salary increase for
22    a relative. This paragraph applies to all sanitary district
23    employees and officers. No sanitary district employee or
24    officer may participate in an action relating to the
25    discipline of a relative, including dismissal of a
26    relative, or conduct an investigation into alleged



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1    misconduct, malfeasance, or violation of any law by a
2    relative. A sanitary district commissioner, employee, or
3    officer may not serve on a sanitary district interview
4    panel for any relative.
5        (4) Sanitary district employees and officers shall
6    disclose to their supervisor and their ethics officer any
7    anticipated or active participation by the employee or
8    officer in any matter affecting a partnership,
9    association, corporation, or other business entity if
10    they, together with a relative or relatives, are entitled
11    to receive more than 15%, in the aggregate, of the total
12    distributable income of the partnership, association,
13    corporation, or other business entity.
14        (5) All commissioners and officers required to file a
15    verified written statement of economic interest under
16    Section 4A-101 of the Illinois Government Ethics Act shall,
17    in conjunction with such filing each year, also disclose
18    the following information: the names and positions of all
19    relatives employed by or serving as an employee or officer
20    of the sanitary district. The Commission shall prepare
21    forms or amend existing forms to be used to report the
22    information described in this subsection and shall provide
23    those forms or amended forms to each individual required to
24    report such information on or before April 1 of each year.
25    Such statement shall be filed by each commissioner with the
26    Commission on or before May 1 of each year. The Commission



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1    shall ensure that all statements filed pursuant to this
2    paragraph are made readily available for public
3    inspection. Each district officer required to submit a
4    statement pursuant to this paragraph shall notify the
5    Commission, in writing and without delay, of any material
6    change in circumstances that might result in a change to
7    his or her disclosures filed pursuant to this paragraph.
8        (6) All district officers who are not required to file
9    a verified written statement of economic interest shall
10    disclose to their supervisor and their ethics officer the
11    names and positions of all relatives employed by or serving
12    as a commissioner or employee of the sanitary district,
13    upon becoming a district officer and on an ongoing basis
14    within 30 days of change in a relative's job status that
15    would require reporting. Supervisors and ethics officers
16    shall maintain a list with this information which shall be
17    subject to the Freedom of Information Act.
18        (7) No later than 30 days after the effective date of
19    this amendatory Act of the 101st General Assembly, all
20    sanitary districts organized under this Act shall amend
21    their employment policies or handbooks to define nepotism,
22    in at least as stringent terms as this Section, as a
23    violation of sanitary district policy and file these
24    policies or handbooks with the Chief Compliance Office and
25    with the Commission.
26        (8) All sanitary districts, when negotiating with any



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1    labor organization, shall make every reasonable effort to
2    secure a collective bargaining agreement that meets or
3    exceeds the objectives of this Section.
4        (9) A sanitary district may adopt policies authorizing
5    the temporary employment, in the event of emergencies
6    resulting from natural disasters or similar unforeseen
7    events or circumstances, of individuals whose employment
8    would otherwise be prohibited by this Section.
9    (c) This Section does not apply to individuals serving in a
10volunteer capacity or who exclusively provide emergency,
11medical, firefighting, police services, or any charitable
12service to a sanitary district.".