HB3046ham001 101ST GENERAL ASSEMBLY

Rep. Luis Arroyo

Filed: 3/26/2019

10100HB3046ham001 LRB101 11087 AWJ 58448 a

AMENDMENT TO HOUSE BILL 3046

AMENDMENT NO. ______. Amend House Bill 3046 by replacing everything after the enacting clause with the following:

"Section 5. The Lobbyist Registration Act is amended by changing Section 2 as follows:

(25 ILCS 170/2) (from Ch. 63, par. 172)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Person" means any individual, firm, partnership, committee, association, corporation, or any other organization or group of persons.

(b) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure, for the ultimate purpose of influencing executive, legislative, or administrative action, other than compensation as defined in subsection (d).

(c) "Official" means:

(1) the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller;

(2) Chiefs of Staff for officials described in item (1);

(3) Cabinet members of any elected constitutional officer, including Directors, Assistant Directors and Chief Legal Counsel or General Counsel;

(4) Members of the General Assembly; and

(5) Members of any board, commission, authority, or task force of the State authorized or created by State law or by executive order of the Governor; and .

(6) Members of the Board of Commissioners of the Metropolitan Water Reclamation District.

(d) "Compensation" means any money, thing of value or financial benefits received or to be received in return for services rendered or to be rendered, for lobbying as defined in subsection (e).

Monies paid to members of the General Assembly by the State as remuneration for performance of their Constitutional and statutory duties as members of the General Assembly shall not constitute compensation as defined by this Act.

(e) "Lobby" and "lobbying" means any communication with an official of the executive or legislative branch of State government, or a member of the Board of Commissioners of the Metropolitan Water Reclamation District, as defined in subsection (c) for the ultimate purpose of influencing any executive, legislative, or administrative action.

(f) "Influencing" means any communication, action, reportable expenditure as prescribed in Section 6 or other means used to promote, support, affect, modify, oppose or delay any executive, legislative or administrative action or to promote goodwill with officials as defined in subsection (c).

(g) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a State entity or the Metropolitan Water Reclamation District of a rule, regulation, order, decision, determination, contractual arrangement, purchasing agreement or other quasi-legislative or quasi-judicial action or proceeding.

(h) "Legislative action" means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment, or passage or defeat of any bill, amendment, resolution, report, nomination, administrative rule or other matter by either house of the General Assembly or a committee thereof, or by a legislator. "Legislative action" also means the action of the Governor in approving or vetoing any bill or portion thereof, and the action of the Governor or any agency in the development of a proposal for introduction in the legislature. "Legislative action" also means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment, or passage or defeat of any matter before the Metropolitan Water Reclamation District Board of Commissioners.

(i) "Administrative action" means the execution or rejection of any rule, regulation, legislative rule, standard, fee, rate, contractual arrangement, purchasing agreement or other delegated legislative or quasi-legislative action to be taken or withheld by any executive agency, department, board or commission of the State, or by the Metropolitan Water Reclamation District Board of Commissioners.

(j) "Lobbyist" means any natural person who undertakes to lobby State government or the Metropolitan Water Reclamation District as provided in subsection (e).

(k) "Lobbying entity" means any entity that hires, retains, employs, or compensates a natural person to lobby State government or the Metropolitan Water Reclamation District as provided in subsection (e).

(l) "Authorized agent" means the person designated by an entity or lobbyist registered under this Act as the person responsible for submission and retention of reports required under this Act.

(m) "Client" means any person or entity that provides compensation to a lobbyist to lobby State government or the Metropolitan Water Reclamation District as provided in subsection (e) of this Section.

(n) "Client registrant" means a client who is required to register under this Act.

(Source: P.A. 98-459, eff. 1-1-14.)

Section 10. The Metropolitan Water Reclamation District Act is amended by adding Section 4.40 as follows:

(70 ILCS 2605/4.40 new)

Sec. 4.40. Prohibition of nepotism in hiring.

(a) As used in this Section:

"Chief Compliance Office" means the Chief Compliance Office within the Office of the Governor created by Executive Order 2018-02.

"Commission" means the Executive Ethics Commission.

"District officer" means the commissioners of a sanitary district or an officer of a sanitary district named in Section 4.

"Labor organization" has the meaning provided in Section 3 of the Illinois Public Labor Relations Act.

"Relative" means an individual who is related to a sanitary district commissioner, officer, or employee as father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandson-in-law, granddaughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step-grandson, step-granddaughter, half-brother, or half -sister.

(b) Notwithstanding any other provision in this Act, the following apply to a sanitary district organized under this Act:

(1) A sanitary district officer may not appoint, hire, promote, advance, or advocate for the appointment, hiring, employment, promotion, or advancement, in or to a position in any sanitary district, any individual who is a relative of the sanitary district commissioner or officer.

(2) An individual may not be appointed, hired, promoted, or advanced in or to a position in any sanitary district if the appointment, employment, promotion, or advancement has been advocated by a district commissioner or officer who is a relative of the individual.

(3) An individual may not be placed in a relative's direct line of supervision, may not evaluate a relative's job performance and may not recommend a salary increase for a relative. This paragraph applies to all sanitary district employees and officers. No sanitary district employee or officer may participate in an action relating to the discipline of a relative, including dismissal of a relative, or conduct an investigation into alleged misconduct, malfeasance, or violation of any law by a relative. A sanitary district commissioner, employee, or officer may not serve on a sanitary district interview panel for any relative.

(4) Sanitary district employees and officers shall disclose to their supervisor and their ethics officer any anticipated or active participation by the employee or officer in any matter affecting a partnership, association, corporation, or other business entity if they, together with a relative or relatives, are entitled to receive more than 15%, in the aggregate, of the total distributable income of the partnership, association, corporation, or other business entity.

(5) All commissioners and officers required to file a verified written statement of economic interest under Section 4A-101 of the Illinois Government Ethics Act shall, in conjunction with such filing each year, also disclose the following information: the names and positions of all relatives employed by or serving as an employee or officer of the sanitary district. The Commission shall prepare forms or amend existing forms to be used to report the information described in this subsection and shall provide those forms or amended forms to each individual required to report such information on or before April 1 of each year. Such statement shall be filed by each commissioner with the Commission on or before May 1 of each year. The Commission shall ensure that all statements filed pursuant to this paragraph are made readily available for public inspection. Each district officer required to submit a statement pursuant to this paragraph shall notify the Commission, in writing and without delay, of any material change in circumstances that might result in a change to his or her disclosures filed pursuant to this paragraph.

(6) All district officers who are not required to file a verified written statement of economic interest shall disclose to their supervisor and their ethics officer the names and positions of all relatives employed by or serving as a commissioner or employee of the sanitary district, upon becoming a district officer and on an ongoing basis within 30 days of change in a relative's job status that would require reporting. Supervisors and ethics officers shall maintain a list with this information which shall be subject to the Freedom of Information Act.

(7) No later than 30 days after the effective date of this amendatory Act of the 101st General Assembly, all sanitary districts organized under this Act shall amend their employment policies or handbooks to define nepotism, in at least as stringent terms as this Section, as a violation of sanitary district policy and file these policies or handbooks with the Chief Compliance Office and with the Commission.

(8) All sanitary districts, when negotiating with any labor organization, shall make every reasonable effort to secure a collective bargaining agreement that meets or exceeds the objectives of this Section.

(9) A sanitary district may adopt policies authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this Section.

(c) This Section does not apply to individuals serving in a volunteer capacity or who exclusively provide emergency, medical, firefighting, police services, or any charitable service to a sanitary district.".