Illinois General Assembly - Full Text of SB0004
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Full Text of SB0004  102nd General Assembly

SB0004sam001 102ND GENERAL ASSEMBLY

Sen. Ann Gillespie

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 4

2    AMENDMENT NO. ______. Amend Senate Bill 4 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Governmental Ethics Act is
5amended by changing Sections 1-109, 1-110, 2-101, 3A-50
64A-102, 4A-103, 4A-107, and 4A-108 and by adding Sections
71-102.5, 1-104.3, 1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.5,
81-105.6, 1-105.7, 1-112.5, 1-113.6, and 1-113.7 as follows:
 
9    (5 ILCS 420/1-102.5 new)
10    Sec. 1-102.5. Asset. "Asset" means, for the purposes of
11Sections 4A-102 and 4A-103, an item that is owned and has
12monetary value. For the purposes of Sections 4A-102 and
134A-103, assets include, but are not limited to: stocks, bonds,
14sector mutual funds, sector exchange traded funds, commodity
15futures, investment real estate, beneficial interests in
16trusts, business interests, and partnership interests. For the

 

 

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1purposes of Sections 4A-102 and 4A-103, assets do not include:
2personal residences; personal vehicles; savings or checking
3accounts; bonds, notes, or securities issued by any branch of
4federal, state, or local government; Medicare benefits;
5inheritances or bequests, other than beneficial interests in
6trusts; diversified funds; annuities; pensions (including
7government pensions); retirement accounts; college savings
8plans that are qualified tuition plans; qualified
9tax-advantaged savings programs that allow individuals to save
10for disability-related expenses; or tangible personal
11property.
 
12    (5 ILCS 420/1-104.3 new)
13    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
14of Sections 4A-102 and 4A-103, an individual, organization, or
15other business entity to whom money or its equivalent is owed,
16no matter whether that obligation is secured or unsecured,
17except that if a filer makes a loan to members of his or her
18family, then that filer does not, by making such a loan, become
19a creditor of that individual for the purposes of Sections
204A-102 and 4A-103 of this Act.
 
21    (5 ILCS 420/1-104.4 new)
22    Sec. 1-104.4. Debt. "Debt" means, for the purposes of
23Sections 4A-102 and 4A-103, any money or monetary obligation
24owed at any time during the preceding calendar year to an

 

 

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1individual, company, or other organization, other than a loan
2that is from a financial institution, government agency, or
3business entity and that is granted on terms made available to
4the general public. For the purposes of Sections 4A-102 and
54A-103, "debt" includes, but is not limited to: personal loans
6from friends or business associates, business loans made
7outside the lender's regular course of business, and loans
8made at below market rates. For the purposes of Sections
94A-102 and 4A-103, "debt" does not include: (i) debts to or
10from financial institutions or government entities, such as
11mortgages, student loans, credit card debts, or loans secured
12by automobiles, household furniture, or appliances, as long as
13those loans were made on terms available to the general public
14and do not exceed the purchase price of the items securing
15them; (ii) debts to or from a political committee registered
16with the Illinois State Board of Elections or political
17committees, principal campaign committees, or authorized
18committees registered with the Federal Election Commission; or
19(iii) a loan from a member of the filer's family not known by
20the filer to be registered to lobby under the Lobbyist
21Registration Act.
 
22    (5 ILCS 420/1-104.5 new)
23    Sec. 1-104.5. Diversified funds. "Diversified funds" means
24investment products, such as mutual funds, exchange traded
25funds, or unit investment trusts, that invest in a wide

 

 

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1variety of securities across multiple sectors or asset
2classes. "Diversified funds" does not include sector funds.
 
3    (5 ILCS 420/1-105.2 new)
4    Sec. 1-105.2. Economic relationship. "Economic
5relationship" means, for the purposes of Sections 4A-102 and
64A-103, any joint or shared ownership interests in businesses
7and creditor-debtor relationships with third parties, other
8than commercial lending institutions, where: (a) the filer is
9entitled to receive (i) more than 7.5% of the total
10distributable income, or (ii) an amount in excess of the
11salary of the Governor; or (b) the filer together with his or
12her spouse or minor children is entitled to receive (i) more
13than 15%, in the aggregate, of the total distributable income,
14or (ii) an amount in excess of 2 times the salary of the
15Governor.
 
16    (5 ILCS 420/1-105.3 new)
17    Sec. 1-105.3. Family. "Family" means, for the purposes of
18Sections 4A-102 and 4A-103, a filer's spouse, children,
19step-children, parents, step-parents, siblings,
20step-siblings, half-siblings, sons-in-law, daughters-in-law,
21grandparents, and grandchildren, as well as the parents and
22grandparents of the filer's spouse, and any person living with
23the filer.
 

 

 

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1    (5 ILCS 420/1-105.5 new)
2    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
3Section 4A-102 and 4A-103, a person required to file a
4statement of economic interests pursuant to this Act.
 
5    (5 ILCS 420/1-105.6 new)
6    Sec. 1-105.6. Income. "Income" means, for the purposes of
7Sections 4A-102 and 4A-103, pension income and any income from
8whatever source derived, required to be reported on the
9filer's federal income tax return, including, but not limited
10to: compensation received for services rendered or to be
11rendered (as required to be reported on any Internal Revenue
12Service forms, including, but not limited to, Forms W-2, 1099,
13or K-1); earnings or capital gains from the sale of assets;
14profit; interest or dividend income from all assets; revenue
15from leases and rentals, royalties, prizes, awards, or barter;
16forgiveness of debt; and earnings derived from annuities or
17trusts other than testamentary trusts. "Income" does not
18include compensation earned for service in the position that
19necessitates the filing of the statement of economic
20interests, or investment or interest returns on items excluded
21from the definition of "asset", or income from the sale of a
22personal residence or personal vehicle.
 
23    (5 ILCS 420/1-105.7 new)
24    Sec. 1-105.7. Investment real estate. "Investment real

 

 

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1estate" means any real property, other than a filer's personal
2residences, purchased to produce a profit, whether from income
3or resale. Investment real estate may be described by the city
4and state where the real estate is located.
 
5    (5 ILCS 420/1-109)  (from Ch. 127, par. 601-109)
6    Sec. 1-109. "Lobbying" means engaging in activities that
7require registration under the Lobbyist Registration
8Act promoting or opposing in any manner the passage by the
9General Assembly of any legislative matter affecting the
10interests of any individual, association or corporation as
11distinct from those of the people of the State as a whole.
12(Source: Laws 1967, p. 3401.)
 
13    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
14    Sec. 1-110. "Lobbyist" means an individual who is required
15to be registered to engage in lobbying activities pursuant to
16the Lobbyist Registration Act any person required to be
17registered under "An Act concerning lobbying and providing a
18penalty for violation thereof", approved July 10, 1957, as
19amended.
20(Source: Laws 1967, p. 3401.)
 
21    (5 ILCS 420/1-112.5 new)
22    Sec. 1-112.5. Personal residence. "Personal residence"
23means, for the purposes of Sections 4A-102 and 4A-103, a

 

 

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1filer's primary home residence and any residential real
2property held by the filer and used by the filer for
3residential rather than commercial or income generating
4purposes.
 
5    (5 ILCS 420/1-113.6 new)
6    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
7funds or exchange traded funds invested in a particular
8industry or business.
 
9    (5 ILCS 420/1-113.7 new)
10    Sec. 1-113.7. Spouse. "Spouse" means a party to a
11marriage, a party to a civil union, or a registered domestic
12partner.
 
13    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
14    Sec. 2-101. Government official lobbying.
15    (a) No legislator may engage in promoting or opposing in
16any manner the passage by General Assembly of any legislative
17matter affecting the interests of any individual, association,
18or corporation as distinct from those of the people of the
19State as a whole lobbying, as that term is defined in Section
201-109, if he or she accepts compensation specifically
21attributable to such lobbying, other than that provided by law
22for members of the General Assembly. Nothing in this Section
23prohibits a legislator from lobbying without compensation.

 

 

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1    No legislator or executive branch constitutional officer
2shall engage in compensated lobbying of the governing body of
3a municipality, county, or township, or an official thereof,
4on behalf of any lobbyist or lobbying entity that is
5registered to lobby the General Assembly or the executive
6branch of the State of Illinois.
7    (b) No elected or appointed county executive or
8legislative official shall engage in compensated lobbying of
9the governing body of a county, municipality, township, the
10General Assembly, a State executive branch office or agency,
11or an official thereof, on behalf of any lobbyist or lobbying
12entity that is registered to lobby the county in which the
13official is elected or appointed.
14    (c) No elected or appointed municipal executive or
15legislative official shall engage in compensated lobbying of
16the governing body of a county, municipality, township, the
17General Assembly, a State executive branch office or agency,
18or an official thereof, on behalf of any lobbyist or lobbying
19entity that is registered to lobby the municipality in which
20the official is elected or appointed.
21    (d) No elected or appointed township executive or
22legislative official shall engage in compensated lobbying of
23the governing body of a county, municipality, township, the
24General Assembly, a State executive branch office or agency,
25or an official thereof, on behalf of any lobbyist or lobbying
26entity that is registered to lobby the township in which the

 

 

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1official is elected or appointed.
2    (e) A violation of this Section shall constitute a Class A
3misdemeanor.
4(Source: P.A. 77-2830.)
 
5    (5 ILCS 420/3A-50 new)
6    Sec. 3A-50. Appointee political activity.
7    (a) No person who is appointed to an affected office
8shall: (i) serve as an officer of a candidate political
9committee; or (ii) be a candidate who is designated as the
10candidate to be supported by a candidate political committee.
11    (b) A person appointed to an affected office who is either
12an officer of a candidate political committee or a candidate
13who is designated as the candidate to be supported by a
14candidate political committee shall within 30 days after
15confirmation by the Senate: (i) resign as an officer of the
16candidate political committee; (ii) have his or her name
17removed as the candidate to be supported by a candidate
18political committee; (iii) notify the State Board of Elections
19of the person's intent to convert the candidate political
20committee to a limited activity committee under Section 9-1.8
21of the Election Code and complete the transition to a limited
22activity committee within 60 days after confirmation; or (iv)
23dissolve the candidate political committee. A person appointed
24to an affected office who is in violation of this subsection
25(b) on the effective date of this amendatory Act of the 102nd

 

 

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1General Assembly must come into compliance within 30 days
2after the effective date of this amendatory Act of the 102nd
3General Assembly.
4    (c) As used in this Section:
5    "Affected office" means any office in which the appointee
6receives any form of compensation, other than the
7reimbursement of expenses, and whose appointment requires
8advise and consent of the Senate.
9    "Candidate political committee" has the meaning given to
10that term in Section 9-1.8 of the Election Code in which the
11person subject to confirmation by the Senate is designated as
12the candidate to be supported by the candidate political
13committee under Section 9-2 of the Code.
 
14    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
15    Sec. 4A-102. The statement of economic interests required
16by this Article shall include the economic interests of the
17person making the statement as provided in this Section.
18    (a) The interest (if constructively controlled by the
19person making the statement) of a spouse or any other party,
20shall be considered to be the same as the interest of the
21person making the statement. Campaign receipts shall not be
22included in this statement. The following interests shall be
23listed by all persons required to file:
24        (1) each asset that has a value of more than $5,000 as
25    of the end of the preceding calendar year and is: (i) held

 

 

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1    in the filer's name, (ii) held jointly by the filer with
2    his or her spouse, or (iii) held jointly by the filer with
3    his or her minor child or children. For a beneficial
4    interest in a trust, the value is based on the total value
5    of the assets either subject to the beneficial interest,
6    or from which income is to be derived for the benefit of
7    the beneficial interest, regardless of whether any
8    distributions have been made for the benefit of the
9    beneficial interest;
10        (2) excluding the income from the position that
11    requires the filing of a statement of economic interests
12    under this Act, each source of income in excess of $1,200
13    during the preceding calendar year (as required to be
14    reported on the filer's federal income tax return covering
15    the preceding calendar year) for the filer and his or her
16    spouse and, if the sale or transfer of an asset produced
17    more than $5,000 in capital gains during the preceding
18    calendar year, the transaction date on which that asset
19    was sold or transferred;
20        (3) each creditor of a debt in excess of $5,000 that,
21    during the preceding calendar year, was: (i) owed by the
22    filer, (ii) owed jointly by the filer with his or her
23    spouse or (iii) owed jointly by the filer with his or her
24    minor child or children;
25        (4) the name of each unit of government of which the
26    filer or his or her spouse was an employee, contractor, or

 

 

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1    office holder during the preceding calendar year other
2    than the unit or units of government in relation to which
3    the person is required to file and the title of the
4    position or nature of the contractual services;
5        (5) each person known to the filer to be registered as
6    a lobbyist with any unit of government in the State of
7    Illinois: (i) with whom the filer maintains an economic
8    relationship, or (ii) who is a member of the filer's
9    family; and
10        67) each source and type of gift or gifts, or
11    honorarium or honoraria, valued singly or in the aggregate
12    in excess of $500 that was received during the preceding
13    calendar year, excluding any gift or gifts from a member
14    of the filer's family that was not known to the filer to be
15    registered as a lobbyist with any unit of government in
16    the State of Illinois.
17    For the purposes of this Section, the unit of local
18government in relation to which a person is required to file
19under item (e) of Section 4A-101.5 shall be the unit of local
20government that contributes to the pension fund of which such
21person is a member of the board.
22    (b) Beginning December 1, 2025, and for every 5 years
23thereafter, the Secretary of State shall adjust the amounts
24specified under this Section that prompt disclosure under this
25Act for purposes of inflation as determined by the Consumer
26Price Index for All Urban Consumers as issued by the United

 

 

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1States Department of Labor and rounded to the nearest $100.
2The Secretary shall publish this information on the official
3website of the Secretary of State, and make changes to the
4statement of economic interest form to be completed for the
5following year.
6    (c) The Secretary of State shall develop and make publicly
7available on his or her website written guidance relating to
8the completion and filing of the statement of economic
9interests upon which a filer may reasonably and in good faith
10rely.
11The interest (if constructively controlled by the person
12making the statement) of a spouse or any other party, shall be
13considered to be the same as the interest of the person making
14the statement. Campaign receipts shall not be included in this
15statement.
16        (a) The following interests shall be listed by all
17    persons required to file:
18            (1) The name, address and type of practice of any
19        professional organization or individual professional
20        practice in which the person making the statement was
21        an officer, director, associate, partner or
22        proprietor, or served in any advisory capacity, from
23        which income in excess of $1200 was derived during the
24        preceding calendar year;
25            (2) The nature of professional services (other
26        than services rendered to the unit or units of

 

 

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1        government in relation to which the person is required
2        to file) and the nature of the entity to which they
3        were rendered if fees exceeding $5,000 were received
4        during the preceding calendar year from the entity for
5        professional services rendered by the person making
6        the statement.
7            (3) The identity (including the address or legal
8        description of real estate) of any capital asset from
9        which a capital gain of $5,000 or more was realized in
10        the preceding calendar year.
11            (4) The name of any unit of government which has
12        employed the person making the statement during the
13        preceding calendar year other than the unit or units
14        of government in relation to which the person is
15        required to file.
16            (5) The name of any entity from which a gift or
17        gifts, or honorarium or honoraria, valued singly or in
18        the aggregate in excess of $500, was received during
19        the preceding calendar year.
20        (b) The following interests shall also be listed by
21    persons listed in items (a) through (f), item (l), item
22    (n), and item (p) of Section 4A-101:
23            (1) The name and instrument of ownership in any
24        entity doing business in the State of Illinois, in
25        which an ownership interest held by the person at the
26        date of filing is in excess of $5,000 fair market value

 

 

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

 

 

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1        in relation to which the person is required to file if
2        the ownership interest of the person filing is greater
3        than $5,000 fair market value as of the date of filing
4        or if dividends in excess of $1,200 were received from
5        the entity during the preceding calendar year. (In the
6        case of real estate, location thereof shall be listed
7        by street address, or if none, then by legal
8        description). No time or demand deposit in a financial
9        institution, nor any debt instrument need be listed.
10            (2) Except for professional service entities, the
11        name of any entity and any position held therein from
12        which income in excess of $1,200 was derived during
13        the preceding calendar year if the entity does
14        business with a unit of local government in relation
15        to which the person is required to file. No time or
16        demand deposit in a financial institution, nor any
17        debt instrument need be listed.
18            (3) The name of any entity and the nature of the
19        governmental action requested by any entity which has
20        applied to a unit of local government in relation to
21        which the person must file for any license, franchise
22        or permit for annexation, zoning or rezoning of real
23        estate during the preceding calendar year if the
24        ownership interest of the person filing is in excess
25        of $5,000 fair market value at the time of filing or if
26        income or dividends in excess of $1,200 were received

 

 

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1        by the person filing from the entity during the
2        preceding calendar year.
3    For the purposes of this Section, the unit of local
4government in relation to which a person required to file
5under item (e) of Section 4A-101.5 shall be the unit of local
6government that contributes to the pension fund of which such
7person is a member of the board.
8(Source: P.A. 101-221, eff. 8-9-19.)
 
9    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
10    Sec. 4A-103. The statement of economic interests required
11by this Article to be filed with the Secretary of State or
12county clerk shall be filled in by typewriting or hand
13printing, shall be verified, dated, and signed by the person
14making the statement and shall contain substantially the
15following:
 
16
STATEMENT OF ECONOMIC INTERESTS

 
17INSTRUCTIONS:
18    You may find the following documents helpful to you in
19completing this form:
20        (1) federal income tax returns, including any related
21    schedules, attachments, and forms; and
22        (2) investment and brokerage statements.
23    To complete this form, you do not need to disclose

 

 

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1specific amounts or values or report interests relating either
2to political committees registered with the Illinois State
3Board of Elections or to political committees, principal
4campaign committees, or authorized committees registered with
5the Federal Election Commission.
6    The information you disclose will be available to the
7public.
8    You must answer all 6 questions. Certain questions will
9ask you to report any applicable assets or debts held in, or
10payable to, your name; held jointly by, or payable to, you with
11your spouse; or held jointly by, or payable to, you with your
12minor child. If you have any concerns about whether an
13interest should be reported, please consult your department's
14ethics officer, if applicable.
15    Please ensure that the information you provide is complete
16and accurate. If you need more space than the form allows,
17please attach additional pages for your response. If you are
18subject to the State Officials and Employees Ethics Act, your
19ethics officer must review your statement of economic
20interests before you file it. Failure to complete the
21statement in good faith and within the prescribed deadline may
22subject you to fines, imprisonment, or both.
 
23BASIC INFORMATION:
24Name:........................................................
25Job title:...................................................

 

 

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1Office, department, or agency that requires you to file this
2form:........................................................
3Other offices, departments, or agencies that require you to
4file a Statement of Economic Interests form: ................
5Full mailing address:........................................
6Preferred e-mail address (optional):.........................
 
7QUESTIONS:
8    1. If you have any single asset that was worth more than
9$5,000 as of the end of the preceding calendar year and is held
10in, or payable to, your name, held jointly by, or payable to,
11you with your spouse, or held jointly by, or payable to, you
12with your minor child, list such assets below. In the case of
13investment real estate, list the city and state where the
14investment real estate is located. If you do not have any such
15assets, list "none" below.
16.............................................................
17.............................................................
18.............................................................
19.............................................................
20.............................................................
21    2. Excluding the position for which you are required to
22file this form, list the source of any income in excess of
23$1,200 required to be reported during the preceding calendar
24year. If you sold an asset that produced more than $5,000 in
25capital gains in the preceding calendar year, list the name of

 

 

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1the asset and the transaction date on which the sale or
2transfer took place. If you had no such sources of income or
3assets, list "none" below.
 
4Source of Income / Name of Date Sold (if applicable)
5Asset
6............................... ...............................
7............................... ...............................
8............................... ...............................
9    3. Excluding debts incurred on terms available to the
10general public, such as mortgages, student loans, and credit
11card debts, if you owed any single debt in the preceding
12calendar year exceeding $5,000, list the creditor of the debt
13below. If you had no such debts, list "none" below.
14    List the creditor for all applicable debts owed by you,
15owed jointly by you with your spouse, or owed jointly by you
16with your minor child. In addition to the types of debts listed
17above, you do not need to report any debts to or from financial
18institutions or government agencies, such as debts secured by
19automobiles, household furniture or appliances, as long as the
20debt was made on terms available to the general public, debts
21to members of your family, or debts to or from a political
22committee registered with the Illinois State Board of
23Elections or any political committee, principal campaign
24committee, or authorized committee registered with the Federal
25Election Commission.

 

 

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1.............................................................
2.............................................................
3.............................................................
4.............................................................
5    4. List the name of each unit of government of which you or
6your spouse were an employee, contractor, or office holder
7during the preceding calendar year other than the unit or
8units of government in relation to which the person is
9required to file and the title of the position or nature of the
10contractual services.
 
11Name of Unit of GovernmentTitle or Nature of Services
12............................... ...............................
13............................... ...............................
14............................... ...............................
15    5. If you maintain an economic relationship with a
16lobbyist or if a member of your family is known to you to be a
17lobbyist registered with any unit of government in the State
18of Illinois, list the name of the lobbyist below and identify
19the nature of your relationship with the lobbyist. If you do
20not have an economic relationship with a lobbyist or a family
21member known to you to be a lobbyist registered with any unit
22of government in the State of Illinois, list "none" below.
 
23Name of LobbyistRelationship to Filer
24............................... ...............................

 

 

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1............................... ...............................
2............................... ...............................
3    6. List the name of each person, organization, or entity
4that was the source of a gift or gifts, or honorarium or
5honoraria, valued singly or in the aggregate in excess of $500
6received during the preceding calendar year and the type of
7gift or gifts, or honorarium or honoraria, excluding any gift
8or gifts from a member of your family that was not known to be
9a lobbyist registered with any unit of government in the State
10of Illinois. If you had no such gifts, list "none" below.
11.............................................................
12.............................................................
13.............................................................
 
14VERIFICATION:
15    "I declare that this statement of economic interests
16(including any attachments) has been examined by me and to the
17best of my knowledge and belief is a true, correct and complete
18statement of my economic interests as required by the Illinois
19Governmental Ethics Act. I understand that the penalty for
20willfully filing a false or incomplete statement is a fine not
21to exceed $2,500 or imprisonment in a penal institution other
22than the penitentiary not to exceed one year, or both fine and
23imprisonment."
24Printed Name of Filer:.......................................
25Date:........................................................

 

 

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1Signature:...................................................
 
2If this statement of economic interests requires ethics
3officer review prior to filing, the applicable ethics officer
4must complete the following:
 
5CERTIFICATION OF ETHICS OFFICER REVIEW:
6    "In accordance with law, as Ethics Officer, I reviewed
7this statement of economic interests prior to its filing."
 
8Printed Name of Ethics Officer:..............................
9Date:........................................................
10Signature:...................................................
11Preferred e-mail address (optional):.........................
12
STATEMENT OF ECONOMIC INTEREST
13
(TYPE OR HAND PRINT)
14.............................................................
15(name)
16.............................................................
17(each office or position of employment for which this
18statement is filed)
19.............................................................
20(full mailing address)
21GENERAL DIRECTIONS:
22    The interest (if constructively controlled by the person
23making the statement) of a spouse or any other party, shall be

 

 

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1considered to be the same as the interest of the person making
2the statement.
3    Campaign receipts shall not be included in this statement.
4    If additional space is needed, please attach supplemental
5listing.
6    1. List the name and instrument of ownership in any entity
7doing business in the State of Illinois, in which the
8ownership interest held by the person at the date of filing is
9in excess of $5,000 fair market value or from which dividends
10in excess of $1,200 were derived during the preceding calendar
11year. (In the case of real estate, location thereof shall be
12listed by street address, or if none, then by legal
13description.) No time or demand deposit in a financial
14institution, nor any debt instrument need be listed.
15Business EntityInstrument of Ownership
16..............................................................
17..............................................................
18..............................................................
19..............................................................
20    2. List the name, address and type of practice of any
21professional organization in which the person making the
22statement was an officer, director, associate, partner or
23proprietor or served in any advisory capacity, from which
24income in excess of $1,200 was derived during the preceding
25calendar year.
26NameAddressType of Practice

 

 

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

 

 

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1    6. List the name of any entity doing business in the State
2of Illinois from which income in excess of $1,200 was derived
3during the preceding calendar year other than for professional
4services and the title or description of any position held in
5that entity. (In the case of real estate, location thereof
6shall be listed by street address, or if none, then by legal
7description). No time or demand deposit in a financial
8institution nor any debt instrument need be listed.
9EntityPosition Held
10..............................................................
11..............................................................
12..............................................................
13    7. List the name of any unit of government which employed
14the person making the statement during the preceding calendar
15year other than the unit or units of government in relation to
16which the person is required to file.
17.............................................................
18.............................................................
19    8. List the name of any entity from which a gift or gifts,
20or honorarium or honoraria, valued singly or in the aggregate
21in excess of $500, was received during the preceding calendar
22year.
23.............................................................
24VERIFICATION:
25    "I declare that this statement of economic interests
26(including any accompanying schedules and statements) has been

 

 

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1examined by me and to the best of my knowledge and belief is a
2true, correct and complete statement of my economic interests
3as required by the Illinois Governmental Ethics Act. I
4understand that the penalty for willfully filing a false or
5incomplete statement shall be a fine not to exceed $1,000 or
6imprisonment in a penal institution other than the
7penitentiary not to exceed one year, or both fine and
8imprisonment."
9................ ..........................................
10(date of filing) (signature of person making the statement)
11(Source: P.A. 95-173, eff. 1-1-08.)
 
12    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
13    Sec. 4A-107. Any person required to file a statement of
14economic interests under this Article who willfully files a
15false or incomplete statement shall be guilty of a Class A
16misdemeanor; provided, a filer's statement made in reasonable,
17good faith reliance on the guidance provided by the Secretary
18of State pursuant Section 4A-102 or his or her ethics officer
19shall not constitute a willful false or incomplete statement.
20    Except when the fees and penalties for late filing have
21been waived under Section 4A-105, failure to file a statement
22within the time prescribed shall result in ineligibility for,
23or forfeiture of, office or position of employment, as the
24case may be; provided, however, that if the notice of failure
25to file a statement of economic interests provided in Section

 

 

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14A-105 of this Act is not given by the Secretary of State or
2the county clerk, as the case may be, no forfeiture shall
3result if a statement is filed within 30 days of actual notice
4of the failure to file. The Secretary of State shall provide
5the Attorney General with the names of persons who failed to
6file a statement. The county clerk shall provide the State's
7Attorney of the county of the entity for which the filing of
8statement of economic interest is required with the name of
9persons who failed to file a statement.
10    The Attorney General, with respect to offices or positions
11described in items (a) through (f) and items (j), (l), (n), and
12(p) of Section 4A-101 of this Act, or the State's Attorney of
13the county of the entity for which the filing of statements of
14economic interests is required, with respect to offices or
15positions described in items (a) through (e) of Section
164A-101.5, shall bring an action in quo warranto against any
17person who has failed to file by either May 31 or June 30 of
18any given year and for whom the fees and penalties for late
19filing have not been waived under Section 4A-105.
20(Source: P.A. 101-221, eff. 8-9-19.)
 
21    (5 ILCS 420/4A-108)
22    Sec. 4A-108. Internet-based systems of filing.
23    (a) Notwithstanding any other provision of this Act or any
24other law, the Secretary of State and county clerks are
25authorized to institute an Internet-based system for the

 

 

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

 

 

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1    of the filing of a verified, dated, and signed statement
2    of economic interests as required by Section 4A-103
3    4A-104.
4        (2) The Secretary of State and county clerks who
5    institute a system of Internet-based filing of statements
6    of economic interests shall establish a password-protected
7    website to receive the filings of such statements. A
8    website established under this Section shall set forth and
9    provide a means of responding to the items set forth in
10    Section 4A-103 4A-102 that are required of a person who
11    files a statement of economic interests with that officer.
12    A website established under this Section shall set forth
13    and provide a means of generating a printable receipt page
14    acknowledging filing.
15        (3) The times for the filing of statements of economic
16    interests set forth in Section 4A-105 shall be followed in
17    any system of Internet-based filing of statements of
18    economic interests; provided that a candidate for elective
19    office who is required to file a statement of economic
20    interests in relation to his or her candidacy pursuant to
21    Section 4A-105(a) shall receive a written or printed
22    receipt for his or her filing.
23        A candidate filing for Governor, Lieutenant Governor,
24    Attorney General, Secretary of State, Treasurer,
25    Comptroller, State Senate, or State House of
26    Representatives, Supreme Court Justice, appellate court

 

 

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1    judge, circuit court judge, or judicial retention shall
2    not use the Internet to file his or her statement of
3    economic interests, but shall file his or her statement of
4    economic interests in a written or printed form and shall
5    receive a written or printed receipt for his or her
6    filing. Annually, the duly appointed ethics officer for
7    each legislative caucus shall certify to the Secretary of
8    State whether his or her caucus members will file their
9    statements of economic interests electronically or in a
10    written or printed format for that year. If the ethics
11    officer for a caucus certifies that the statements of
12    economic interests shall be written or printed, then
13    members of the General Assembly of that caucus shall not
14    use the Internet to file his or her statement of economic
15    interests, but shall file his or her statement of economic
16    interests in a written or printed form and shall receive a
17    written or printed receipt for his or her filing. If no
18    certification is made by an ethics officer for a
19    legislative caucus, or if a member of the General Assembly
20    is not affiliated with a legislative caucus, then the
21    affected member or members of the General Assembly may
22    file their statements of economic interests using the
23    Internet.
24        (4) In the first year of the implementation of a
25    system of Internet-based filing of statements of economic
26    interests, each person required to file such a statement

 

 

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1    is to be notified in writing of his or her obligation to
2    file his or her statement of economic interests by way of
3    the Internet-based system. If access to the website web
4    site requires a code or password, this information shall
5    be included in the notice prescribed by this paragraph.
6        (5) When a person required to file a statement of
7    economic interests has supplied the Secretary of State or
8    a county clerk, as applicable, with an email address for
9    the purpose of receiving notices under this Article by
10    email, a notice sent by email to the supplied email
11    address shall be the equivalent of a notice sent by first
12    class mail, as set forth in Section 4A-106 or 4A-106.5. A
13    person who has supplied such an email address shall notify
14    the Secretary of State or county clerk, as applicable,
15    when his or her email address changes or if he or she no
16    longer wishes to receive notices by email.
17        (6) If any person who is required to file a statement
18    of economic interests and who has chosen to receive
19    notices by email fails to file his or her statement by May
20    10, then the Secretary of State or county clerk, as
21    applicable, shall send an additional email notice on that
22    date, informing the person that he or she has not filed and
23    describing the penalties for late filing and failing to
24    file. This notice shall be in addition to other notices
25    provided for in this Article.
26        (7) The Secretary of State and each county clerk who

 

 

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1    institutes a system of Internet-based filing of statements
2    of economic interests may also institute an Internet-based
3    process for the filing of the list of names and addresses
4    of persons required to file statements of economic
5    interests by the chief administrative officers that must
6    file such information with the Secretary of State or
7    county clerk, as applicable, pursuant to Section 4A-106 or
8    4A-106.5. Whenever the Secretary of State or a county
9    clerk institutes such a system under this paragraph, every
10    chief administrative officer must use the system to file
11    this information.
12        (8) The Secretary of State and any county clerk who
13    institutes a system of Internet-based filing of statements
14    of economic interests shall post the contents of such
15    statements filed with him or her available for inspection
16    and copying on a publicly accessible website. Such
17    postings shall not include the addresses or signatures of
18    the filers.
19(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
20revised 9-12-19.)
 
21    (5 ILCS 420/4A-104 rep.)
22    Section 10. The Illinois Governmental Ethics Act is
23amended by repealing Section 4A-104 on January 1, 2022.
 
24    Section 15. The State Officials and Employees Ethics Act

 

 

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1is amended by changing Sections 5-40, 5-45, and 25-10 as
2follows:
 
3    (5 ILCS 430/5-40)
4    Sec. 5-40. Fundraising in Sangamon County. Except as
5provided in this Section, any executive branch constitutional
6officer, any candidate for an executive branch constitutional
7office, any member of the General Assembly, any candidate for
8the General Assembly, any political caucus of the General
9Assembly, or any political committee on behalf of any of the
10foregoing may not hold a political fundraising function in
11Sangamon County or a virtual fundraising function on any day
12the legislature is in session or the day immediately prior to
13or immediately after such day; except that executive branch
14constitutional officers, candidates for an executive branch
15constitutional office, members of the General Assembly, and
16candidates candidate for the General Assembly may have a
17virtual fundraising function on the day before or after a day
18the legislature is in session if the officer, member, or
19candidate is not in Sangamon County (i) during the period
20beginning February 1 and ending on the later of the actual
21adjournment dates of either house of the spring session and
22(ii) during fall veto session. For purposes of this Section,
23the legislature is not considered to be in session on a day
24that is solely a perfunctory session day or on a day when only
25a committee is meeting.

 

 

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1    During the period beginning June 1 and ending on the first
2day of fall veto session each year, this Section does not apply
3to (i) a member of the General Assembly whose legislative or
4representative district is entirely within Sangamon County or
5(ii) a candidate for the General Assembly from that
6legislative or representative district.
7(Source: P.A. 96-555, eff. 8-18-09.)
 
8    (5 ILCS 430/5-45)
9    Sec. 5-45. Procurement; revolving door prohibition.
10    (a) No former officer, member, or State employee, or
11spouse or immediate family member living with such person,
12shall, within a period of one year immediately after
13termination of State employment, knowingly accept employment
14or receive compensation or fees for services from a person or
15entity if the officer, member, or State employee, during the
16year immediately preceding termination of State employment,
17participated personally and substantially in the award or
18fiscal administration of State contracts, or the issuance of
19State contract change orders, with a cumulative value of
20$25,000 or more to the person or entity, or its parent or
21subsidiary.
22    (a-5) No officer, member, or spouse or immediate family
23member living with such person shall, during the officer or
24member's term in office or within a period of 2 years
25immediately leaving office, hold an ownership interest, other

 

 

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1than a passive interest in a publicly traded company, in any
2gaming license under the Illinois Gambling Act, the Video
3Gaming Act, the Illinois Horse Racing Act of 1975, or the
4Sports Wagering Act. Any member of the General Assembly or
5spouse or immediate family member living with such person who
6has an ownership interest, other than a passive interest in a
7publicly traded company, in any gaming license under the
8Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
9the Video Gaming Act, or the Sports Wagering Act at the time of
10the effective date of this amendatory Act of the 101st General
11Assembly shall divest himself or herself of such ownership
12within one year after the effective date of this amendatory
13Act of the 101st General Assembly. No State employee who works
14for the Illinois Gaming Board or Illinois Racing Board or
15spouse or immediate family member living with such person
16shall, during State employment or within a period of 2 years
17immediately after termination of State employment, hold an
18ownership interest, other than a passive interest in a
19publicly traded company, in any gaming license under the
20Illinois Gambling Act, the Video Gaming Act, the Illinois
21Horse Racing Act of 1975, or the Sports Wagering Act.
22    (a-10) This subsection (a-10) applies on and after June
2325, 2021. No officer, member, or spouse or immediate family
24member living with such person, shall, during the officer or
25member's term in office or within a period of 2 years
26immediately after leaving office, hold an ownership interest,

 

 

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1other than a passive interest in a publicly traded company, in
2any cannabis business establishment which is licensed under
3the Cannabis Regulation and Tax Act. Any member of the General
4Assembly or spouse or immediate family member living with such
5person who has an ownership interest, other than a passive
6interest in a publicly traded company, in any cannabis
7business establishment which is licensed under the Cannabis
8Regulation and Tax Act at the time of the effective date of
9this amendatory Act of the 101st General Assembly shall divest
10himself or herself of such ownership within one year after the
11effective date of this amendatory Act of the 101st General
12Assembly.
13    No State employee who works for any State agency that
14regulates cannabis business establishment license holders who
15participated personally and substantially in the award of
16licenses under the Cannabis Regulation and Tax Act or a spouse
17or immediate family member living with such person shall,
18during State employment or within a period of 2 years
19immediately after termination of State employment, hold an
20ownership interest, other than a passive interest in a
21publicly traded company, in any cannabis license under the
22Cannabis Regulation and Tax Act.
23    (b) No former officer of the executive branch or State
24employee of the executive branch with regulatory or licensing
25authority, or spouse or immediate family member living with
26such person, shall, within a period of one year immediately

 

 

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1after termination of State employment, knowingly accept
2employment or receive compensation or fees for services from a
3person or entity if the officer or State employee, during the
4year immediately preceding termination of State employment,
5participated personally and substantially in making a
6regulatory or licensing decision that directly applied to the
7person or entity, or its parent or subsidiary.
8    (b-5) Beginning January 1, 2022, no former officer of the
9executive branch shall, within a period of 6 months
10immediately after leaving office or for the remainder of that
11officer's term engage in activities at the State level that
12require registration under the Lobbyist Registration Act.
13    (b-7) Beginning January 1, 2022, no former member shall,
14within a period of 6 months immediately after leaving office
15or for the remainder of the General Assembly to which that
16member was elected engage in activities at the State level
17that require registration under the Lobbyist Registration Act.
18    (c) Within 6 months after the effective date of this
19amendatory Act of the 96th General Assembly, each executive
20branch constitutional officer and legislative leader, the
21Auditor General, and the Joint Committee on Legislative
22Support Services shall adopt a policy delineating which State
23positions under his or her jurisdiction and control, by the
24nature of their duties, may have the authority to participate
25personally and substantially in the award or fiscal
26administration of State contracts or in regulatory or

 

 

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

 

 

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1requirement to notify the appropriate Inspector General in
2subsection (f).
3    (f) Any State employee in a position subject to the
4policies required by subsection (c) or to a determination
5under subsection (d), but who does not fall within the
6prohibition of subsection (h) below, who is offered non-State
7employment during State employment or within a period of one
8year immediately after termination of State employment shall,
9prior to accepting such non-State employment, notify the
10appropriate Inspector General. Within 10 calendar days after
11receiving notification from an employee in a position subject
12to the policies required by subsection (c), such Inspector
13General shall make a determination as to whether the State
14employee is restricted from accepting such employment by
15subsection (a) or (b). In making a determination, in addition
16to any other relevant information, an Inspector General shall
17assess the effect of the prospective employment or
18relationship upon decisions referred to in subsections (a) and
19(b), based on the totality of the participation by the former
20officer, member, or State employee in those decisions. A
21determination by an Inspector General must be in writing,
22signed and dated by the Inspector General, and delivered to
23the subject of the determination within 10 calendar days or
24the person is deemed eligible for the employment opportunity.
25For purposes of this subsection, "appropriate Inspector
26General" means (i) for members and employees of the

 

 

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1legislative branch, the Legislative Inspector General; (ii)
2for the Auditor General and employees of the Office of the
3Auditor General, the Inspector General provided for in Section
430-5 of this Act; and (iii) for executive branch officers and
5employees, the Inspector General having jurisdiction over the
6officer or employee. Notice of any determination of an
7Inspector General and of any such appeal shall be given to the
8ultimate jurisdictional authority, the Attorney General, and
9the Executive Ethics Commission.
10    (g) An Inspector General's determination regarding
11restrictions under subsection (a) or (b) may be appealed to
12the appropriate Ethics Commission by the person subject to the
13decision or the Attorney General no later than the 10th
14calendar day after the date of the determination.
15    On appeal, the Ethics Commission or Auditor General shall
16seek, accept, and consider written public comments regarding a
17determination. In deciding whether to uphold an Inspector
18General's determination, the appropriate Ethics Commission or
19Auditor General shall assess, in addition to any other
20relevant information, the effect of the prospective employment
21or relationship upon the decisions referred to in subsections
22(a) and (b), based on the totality of the participation by the
23former officer, member, or State employee in those decisions.
24The Ethics Commission shall decide whether to uphold an
25Inspector General's determination within 10 calendar days or
26the person is deemed eligible for the employment opportunity.

 

 

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1    (h) The following officers, members, or State employees
2shall not, within a period of one year immediately after
3termination of office or State employment, knowingly accept
4employment or receive compensation or fees for services from a
5person or entity if the person or entity or its parent or
6subsidiary, during the year immediately preceding termination
7of State employment, was a party to a State contract or
8contracts with a cumulative value of $25,000 or more involving
9the officer, member, or State employee's State agency, or was
10the subject of a regulatory or licensing decision involving
11the officer, member, or State employee's State agency,
12regardless of whether he or she participated personally and
13substantially in the award or fiscal administration of the
14State contract or contracts or the making of the regulatory or
15licensing decision in question:
16        (1) members or officers;
17        (2) members of a commission or board created by the
18    Illinois Constitution;
19        (3) persons whose appointment to office is subject to
20    the advice and consent of the Senate;
21        (4) the head of a department, commission, board,
22    division, bureau, authority, or other administrative unit
23    within the government of this State;
24        (5) chief procurement officers, State purchasing
25    officers, and their designees whose duties are directly
26    related to State procurement;

 

 

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1        (6) chiefs of staff, deputy chiefs of staff, associate
2    chiefs of staff, assistant chiefs of staff, and deputy
3    governors, or any other position that holds an equivalent
4    level of managerial oversight;
5        (7) employees of the Illinois Racing Board; and
6        (8) employees of the Illinois Gaming Board.
7    (i) For the purposes of this Section, with respect to
8officers or employees of a regional transit board, as defined
9in this Act, the phrase "person or entity" does not include:
10(i) the United States government, (ii) the State, (iii)
11municipalities, as defined under Article VII, Section 1 of the
12Illinois Constitution, (iv) units of local government, as
13defined under Article VII, Section 1 of the Illinois
14Constitution, or (v) school districts.
15(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
16    (5 ILCS 430/25-10)
17    Sec. 25-10. Office of Legislative Inspector General.
18    (a) The independent Office of the Legislative Inspector
19General is created. The Office shall be under the direction
20and supervision of the Legislative Inspector General and shall
21be a fully independent office with its own appropriation and
22regular post office hours in Springfield.
23    (b) The Legislative Inspector General shall be appointed
24without regard to political affiliation and solely on the
25basis of integrity and demonstrated ability. The Legislative

 

 

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1Ethics Commission shall diligently search out qualified
2candidates for Legislative Inspector General and shall make
3recommendations to the General Assembly. The Legislative
4Inspector General is a full-time employee of the State of
5Illinois may serve in a full-time, part-time, or contractual
6capacity.
7    The Legislative Inspector General shall be appointed by a
8joint resolution of the Senate and the House of
9Representatives, which may specify the date on which the
10appointment takes effect. A joint resolution, or other
11document as may be specified by the Joint Rules of the General
12Assembly, appointing the Legislative Inspector General must be
13certified by the Speaker of the House of Representatives and
14the President of the Senate as having been adopted by the
15affirmative vote of three-fifths of the members elected to
16each house, respectively, and be filed with the Secretary of
17State. The appointment of the Legislative Inspector General
18takes effect on the day the appointment is completed by the
19General Assembly, unless the appointment specifies a later
20date on which it is to become effective.
21    The Legislative Inspector General shall have the following
22qualifications:
23        (1) has not been convicted of any felony under the
24    laws of this State, another state, or the United States;
25        (2) has earned a baccalaureate degree from an
26    institution of higher education; and

 

 

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1        (3) has 5 or more years of cumulative service (A) with
2    a federal, State, or local law enforcement agency, at
3    least 2 years of which have been in a progressive
4    investigatory capacity; (B) as a federal, State, or local
5    prosecutor; (C) as a senior manager or executive of a
6    federal, State, or local agency; (D) as a member, an
7    officer, or a State or federal judge; or (E) representing
8    any combination of items (A) through (D).
9    The Legislative Inspector General may not be a relative of
10a commissioner.
11    The term of the initial Legislative Inspector General
12shall commence upon qualification and shall run through June
1330, 2008.
14    After the initial term, the Legislative Inspector General
15shall serve for 5-year terms commencing on July 1 of the year
16of appointment and running through June 30 of the fifth
17following year. The Legislative Inspector General may be
18reappointed to one or more subsequent terms. Terms shall run
19regardless of whether the position is filled.
20    (b-5) A vacancy occurring other than at the end of a term
21shall be filled in the same manner as an appointment only for
22the balance of the term of the Legislative Inspector General
23whose office is vacant. Within 7 days of the Office becoming
24vacant or receipt of a Legislative Inspector General's
25prospective resignation, the vacancy shall be publicly posted
26on the Commission's website, along with a description of the

 

 

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

 

 

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1appointment of the Legislative Inspector General. Members of
2the search committee are not entitled to compensation but
3shall be entitled to reimbursement of reasonable expenses
4incurred in connection with the performance of their duties.
5    Within 30 days after June 8, 2018 (the effective date of
6Public Act 100-588) this amendatory Act of the 100th General
7Assembly, the Legislative Ethics Commission shall create a
8search committee in the manner provided for in this subsection
9to recommend up to 3 candidates for Legislative Inspector
10General to the Legislative Ethics Commission by October 31,
112018.
12    If a vacancy exists and the Commission has not appointed
13an Acting Legislative Inspector General, either the staff of
14the Office of the Legislative Inspector General, or if there
15is no staff, the Executive Director, shall advise the
16Commission of all open investigations and any new allegations
17or complaints received in the Office of the Inspector General.
18These reports shall not include the name of any person
19identified in the allegation or complaint, including, but not
20limited to, the subject of and the person filing the
21allegation or complaint. Notification shall be made to the
22Commission on a weekly basis unless the Commission approves of
23a different reporting schedule.
24    If the Office of the Inspector General is vacant for 6
25months or more beginning on or after January 1, 2019, and the
26Legislative Ethics Commission has not appointed an Acting

 

 

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1Legislative Inspector General, all complaints made to the
2Legislative Inspector General or the Legislative Ethics
3Commission shall be directed to the Inspector General for the
4Auditor General, and he or she shall have the authority to act
5as provided in subsection (c) of this Section and Section
625-20 of this Act, and shall be subject to all laws and rules
7governing a Legislative Inspector General or Acting
8Legislative Inspector General. The authority for the Inspector
9General of the Auditor General under this paragraph shall
10terminate upon appointment of a Legislative Inspector General
11or an Acting Legislative Inspector General.
12    (c) The Legislative Inspector General shall have
13jurisdiction over the current and former members of the
14General Assembly regarding events occurring during a member's
15term of office and current and former State employees
16regarding events occurring during any period of employment
17where the State employee's ultimate jurisdictional authority
18is (i) a legislative leader, (ii) the Senate Operations
19Commission, or (iii) the Joint Committee on Legislative
20Support Services.
21    The jurisdiction of each Legislative Inspector General is
22to investigate allegations of fraud, waste, abuse,
23mismanagement, misconduct, nonfeasance, misfeasance,
24malfeasance, or violations of this Act or violations of other
25related laws and rules.
26    The Legislative Inspector General shall have jurisdiction

 

 

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1over complainants in violation of subsection (e) of Section
225-63 of this Act.
3    (d) The compensation of the Legislative Inspector General
4shall be the greater of an amount (i) determined by the
5Commission, but in no event shall such compensation be less
6than the highest amount received by an Executive Inspector
7General under Section 20-10 or (ii) by joint resolution of the
8General Assembly passed by a majority of members elected in
9each chamber. Subject to Section 25-45 of this Act, the
10Legislative Inspector General has full authority to organize
11the Office of the Legislative Inspector General, including the
12employment and determination of the compensation of staff,
13such as deputies, assistants, and other employees, as
14appropriations permit. Employment of staff is subject to the
15approval of at least 3 of the 4 legislative leaders.
16    (e) No Legislative Inspector General or employee of the
17Office of the Legislative Inspector General may, during his or
18her term of appointment or employment:
19        (1) become a candidate for any elective office;
20        (2) hold any other elected or appointed public office
21    except for appointments on governmental advisory boards or
22    study commissions or as otherwise expressly authorized by
23    law;
24        (3) be actively involved in the affairs of any
25    political party or political organization; or
26        (4) actively participate in any campaign for any

 

 

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1    elective office.
2    A full-time Legislative Inspector General shall not engage
3in the practice of law or any other business, employment, or
4vocation.
5    In this subsection an appointed public office means a
6position authorized by law that is filled by an appointing
7authority as provided by law and does not include employment
8by hiring in the ordinary course of business.
9    (e-1) No Legislative Inspector General or employee of the
10Office of the Legislative Inspector General may, for one year
11after the termination of his or her appointment or employment:
12        (1) become a candidate for any elective office;
13        (2) hold any elected public office; or
14        (3) hold any appointed State, county, or local
15    judicial office.
16    (e-2) The requirements of item (3) of subsection (e-1) may
17be waived by the Legislative Ethics Commission.
18    (f) The Commission may remove the Legislative Inspector
19General only for cause. At the time of the removal, the
20Commission must report to the General Assembly the
21justification for the removal.
22(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
23revised 9-12-19.)
 
24    Section 20. The Election Code is amended by changing
25Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5

 

 

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1as follows:
 
2    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
3    Sec. 1A-14. Political activity by members of the State
4Board of Elections.
5    (a) No member of the State Board of Elections may become a
6candidate for nomination for, or election to, or accept
7appointment to or hold any other remunerative public office or
8public employment or any office in a political party. No
9member of the State Board of Elections shall: (i) contribute,
10either financially or in services or goods or any other way, to
11any political committee; (ii) serve as an officer of any
12political committee; or (iii) be a candidate who is designated
13as the candidate to be supported by a candidate political
14committee.
15    (b) A member of the State Board of Elections who is either
16an officer of a political committee or a candidate who is
17designated as the candidate to be supported by a candidate
18political committee shall within 30 days after confirmation by
19the Senate: (i) resign as an officer of the political
20committee; (ii) have his or her name removed as the candidate
21to be supported by a political committee; (iii) notify the
22Board of the member's intent to convert the political
23committee to a limited activity committee under Section 9-1.8,
24and complete the transition to a limited activity committee
25within 60 days after confirmation; or (iv) dissolve the

 

 

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1committee. A member of the State Board of Elections who is in
2violation of this subsection (b) on the effective date of this
3amendatory Act of the 102nd General Assembly must come into
4compliance within 30 days after the effective date of this
5amendatory Act of the 102nd General Assembly.
6    (c) Violation of any prohibition in this Section shall
7disqualify a member of the Board and a vacancy is thereby
8created. A vacancy also exists upon the occurrence of any of
9the events enumerated in Section 25-2 of this Act as in the
10case of an elective office.
11    (d) As used in this Section, "political committee"
12includes both the meaning provided in Section 9-1.8 of this
13Code and the meaning provided in 52 U.S.C. 30101.
14(Source: P.A. 80-1178.)
 
15    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
16    Sec. 9-1.8. Political committees.
17    (a) "Political committee" includes a candidate political
18committee, a political party committee, a political action
19committee, a ballot initiative committee, and an independent
20expenditure committee.
21    (b) "Candidate political committee" means the candidate
22himself or herself or any natural person, trust, partnership,
23corporation, or other organization or group of persons
24designated by the candidate that accepts contributions or
25makes expenditures during any 12-month period in an aggregate

 

 

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1amount exceeding $5,000 on behalf of the candidate.
2    (c) "Political party committee" means the State central
3committee of a political party, a county central committee of
4a political party, a legislative caucus committee, or a
5committee formed by a ward or township committeeperson of a
6political party. For purposes of this Article, a "legislative
7caucus committee" means a committee established for the
8purpose of electing candidates to the General Assembly by the
9person elected President of the Senate, Minority Leader of the
10Senate, Speaker of the House of Representatives, Minority
11Leader of the House of Representatives, or a committee
12established by 5 or more members of the same caucus of the
13Senate or 10 or more members of the same caucus of the House of
14Representatives.
15    (d) "Political action committee" means any natural person,
16trust, partnership, committee, association, corporation, or
17other organization or group of persons, other than a
18candidate, political party, candidate political committee, or
19political party committee, that accepts contributions or makes
20expenditures during any 12-month period in an aggregate amount
21exceeding $5,000 on behalf of or in opposition to a candidate
22or candidates for public office. "Political action committee"
23includes any natural person, trust, partnership, committee,
24association, corporation, or other organization or group of
25persons, other than a candidate, political party, candidate
26political committee, or political party committee, that makes

 

 

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1electioneering communications during any 12-month period in an
2aggregate amount exceeding $5,000 related to any candidate or
3candidates for public office.
4    (e) "Ballot initiative committee" means any natural
5person, trust, partnership, committee, association,
6corporation, or other organization or group of persons that
7accepts contributions or makes expenditures during any
812-month period in an aggregate amount exceeding $5,000 in
9support of or in opposition to any question of public policy to
10be submitted to the electors. "Ballot initiative committee"
11includes any natural person, trust, partnership, committee,
12association, corporation, or other organization or group of
13persons that makes electioneering communications during any
1412-month period in an aggregate amount exceeding $5,000
15related to any question of public policy to be submitted to the
16voters. The $5,000 threshold applies to any contributions or
17expenditures received or made with the purpose of securing a
18place on the ballot for, advocating the defeat or passage of,
19or engaging in electioneering communication regarding the
20question of public policy, regardless of the method of
21initiation of the question of public policy and regardless of
22whether petitions have been circulated or filed with the
23appropriate office or whether the question has been adopted
24and certified by the governing body.
25    (f) "Independent expenditure committee" means any trust,
26partnership, committee, association, corporation, or other

 

 

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1organization or group of persons formed for the exclusive
2purpose of making independent expenditures during any 12-month
3period in an aggregate amount exceeding $5,000 in support of
4or in opposition to (i) the nomination for election, election,
5retention, or defeat of any public official or candidate or
6(ii) any question of public policy to be submitted to the
7electors. "Independent expenditure committee" also includes
8any trust, partnership, committee, association, corporation,
9or other organization or group of persons that makes
10electioneering communications that are not made in connection,
11consultation, or concert with or at the request or suggestion
12of a public official or candidate, a public official's or
13candidate's designated political committee or campaign, or an
14agent or agents of the public official, candidate, or
15political committee or campaign during any 12-month period in
16an aggregate amount exceeding $5,000 related to (i) the
17nomination for election, election, retention, or defeat of any
18public official or candidate or (ii) any question of public
19policy to be submitted to the voters.
20    (g) "Limited activity committee" means a political
21committee for which a person who is nominated to a position
22that is subject to confirmation by the Senate, including a
23member of the State Board of Elections, is either an officer or
24a candidate the committee has designated to support.
25(Source: P.A. 100-1027, eff. 1-1-19.)
 

 

 

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1    (10 ILCS 5/9-3.5 new)
2    Sec. 9-3.5. Candidate political committee restrictions.
3    (a) A person who is nominated to an affected office shall
4not: (i) serve as an officer of a candidate political
5committee that is designated to support or oppose that person
6as a candidate; or (ii) be a candidate who is designated as the
7candidate to be supported by a candidate political committee.
8    (b) Within 30 days after appointment, the person shall:
9(i) dissolve the candidate political committee; (ii) resign as
10an officer of the candidate political committee; (iii) have
11his or her name removed as the candidate to be supported by the
12candidate political committee; or (iv) notify the Board of the
13person's intent to convert the candidate political committee
14to a limited activity candidate political committee.
15    (c) As used in this Section, "affected office" has the
16meaning provided in subsection (c) of Section 3A-50 of the
17Illinois Governmental Ethics Act.
 
18    (10 ILCS 5/9-8.5)
19    Sec. 9-8.5. Limitations on campaign contributions.
20    (a) It is unlawful for a political committee to accept
21contributions except as provided in this Section.
22    (b) During an election cycle, a candidate political
23committee may not accept contributions with an aggregate value
24over the following: (i) $5,000 from any individual, (ii)
25$10,000 from any corporation, labor organization, or

 

 

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1association, or (iii) $50,000 from a candidate political
2committee or political action committee. A candidate political
3committee may accept contributions in any amount from a
4political party committee except during an election cycle in
5which the candidate seeks nomination at a primary election.
6During an election cycle in which the candidate seeks
7nomination at a primary election, a candidate political
8committee may not accept contributions from political party
9committees with an aggregate value over the following: (i)
10$200,000 for a candidate political committee established to
11support a candidate seeking nomination to statewide office,
12(ii) $125,000 for a candidate political committee established
13to support a candidate seeking nomination to the Senate, the
14Supreme Court or Appellate Court in the First Judicial
15District, or an office elected by all voters in a county with
161,000,000 or more residents, (iii) $75,000 for a candidate
17political committee established to support a candidate seeking
18nomination to the House of Representatives, the Supreme Court
19or Appellate Court for a Judicial District other than the
20First Judicial District, an office elected by all voters of a
21county of fewer than 1,000,000 residents, and municipal and
22county offices in Cook County other than those elected by all
23voters of Cook County, and (iv) $50,000 for a candidate
24political committee established to support the nomination of a
25candidate to any other office. A candidate political committee
26established to elect a candidate to the General Assembly may

 

 

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1accept contributions from only one legislative caucus
2committee. A candidate political committee may not accept
3contributions from a ballot initiative committee or from an
4independent expenditure committee.
5    (c) During an election cycle, a political party committee
6may not accept contributions with an aggregate value over the
7following: (i) $10,000 from any individual, (ii) $20,000 from
8any corporation, labor organization, or association, or (iii)
9$50,000 from a political action committee. A political party
10committee may accept contributions in any amount from another
11political party committee or a candidate political committee,
12except as provided in subsection (c-5). Nothing in this
13Section shall limit the amounts that may be transferred
14between a political party committee established under
15subsection (a) of Section 7-8 of this Code and an affiliated
16federal political committee established under the Federal
17Election Code by the same political party. A political party
18committee may not accept contributions from a ballot
19initiative committee or from an independent expenditure
20committee. A political party committee established by a
21legislative caucus may not accept contributions from another
22political party committee established by a legislative caucus.
23    (c-5) During the period beginning on the date candidates
24may begin circulating petitions for a primary election and
25ending on the day of the primary election, a political party
26committee may not accept contributions with an aggregate value

 

 

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1over $50,000 from a candidate political committee or political
2party committee. A political party committee may accept
3contributions in any amount from a candidate political
4committee or political party committee if the political party
5committee receiving the contribution filed a statement of
6nonparticipation in the primary as provided in subsection
7(c-10). The Task Force on Campaign Finance Reform shall study
8and make recommendations on the provisions of this subsection
9to the Governor and General Assembly by September 30, 2012.
10This subsection becomes inoperative on July 1, 2013 and
11thereafter no longer applies.
12    (c-10) A political party committee that does not intend to
13make contributions to candidates to be nominated at a general
14primary election or consolidated primary election may file a
15Statement of Nonparticipation in a Primary Election with the
16Board. The Statement of Nonparticipation shall include a
17verification signed by the chairperson and treasurer of the
18committee that (i) the committee will not make contributions
19or coordinated expenditures in support of or opposition to a
20candidate or candidates to be nominated at the general primary
21election or consolidated primary election (select one) to be
22held on (insert date), (ii) the political party committee may
23accept unlimited contributions from candidate political
24committees and political party committees, provided that the
25political party committee does not make contributions to a
26candidate or candidates to be nominated at the primary

 

 

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1election, and (iii) failure to abide by these requirements
2shall deem the political party committee in violation of this
3Article and subject the committee to a fine of no more than
4150% of the total contributions or coordinated expenditures
5made by the committee in violation of this Article. This
6subsection becomes inoperative on July 1, 2013 and thereafter
7no longer applies.
8    (d) During an election cycle, a political action committee
9may not accept contributions with an aggregate value over the
10following: (i) $10,000 from any individual, (ii) $20,000 from
11any corporation, labor organization, political party
12committee, or association, or (iii) $50,000 from a political
13action committee or candidate political committee. A political
14action committee may not accept contributions from a ballot
15initiative committee or from an independent expenditure
16committee.
17    (e) A ballot initiative committee may accept contributions
18in any amount from any source, provided that the committee
19files the document required by Section 9-3 of this Article and
20files the disclosure reports required by the provisions of
21this Article.
22    (e-5) An independent expenditure committee may accept
23contributions in any amount from any source, provided that the
24committee files the document required by Section 9-3 of this
25Article and files the disclosure reports required by the
26provisions of this Article.

 

 

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1    (e-10) A limited activity committee shall not accept
2contributions, except that the officer or a candidate the
3committee has designated to support may contribute personal
4funds in order to pay for maintenance expenses. A limited
5activity committee may only make expenditures that are: (i)
6necessary for maintenance of the committee; (ii) for rent or
7lease payments until the end of the lease in effect at the time
8the officer or candidate is confirmed by the Senate; (iii)
9contributions to 501(c)(3) charities; or (iv) returning
10contributions to original contributors.
11    (f) Nothing in this Section shall prohibit a political
12committee from dividing the proceeds of joint fundraising
13efforts; provided that no political committee may receive more
14than the limit from any one contributor, and provided that an
15independent expenditure committee may not conduct joint
16fundraising efforts with a candidate political committee or a
17political party committee.
18    (g) On January 1 of each odd-numbered year, the State
19Board of Elections shall adjust the amounts of the
20contribution limitations established in this Section for
21inflation as determined by the Consumer Price Index for All
22Urban Consumers as issued by the United States Department of
23Labor and rounded to the nearest $100. The State Board shall
24publish this information on its official website.
25    (h) Self-funding candidates. If a public official, a
26candidate, or the public official's or candidate's immediate

 

 

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1family contributes or loans to the public official's or
2candidate's political committee or to other political
3committees that transfer funds to the public official's or
4candidate's political committee or makes independent
5expenditures for the benefit of the public official's or
6candidate's campaign during the 12 months prior to an election
7in an aggregate amount of more than (i) $250,000 for statewide
8office or (ii) $100,000 for all other elective offices, then
9the public official or candidate shall file with the State
10Board of Elections, within one day, a Notification of
11Self-funding that shall detail each contribution or loan made
12by the public official, the candidate, or the public
13official's or candidate's immediate family. Within 2 business
14days after the filing of a Notification of Self-funding, the
15notification shall be posted on the Board's website and the
16Board shall give official notice of the filing to each
17candidate for the same office as the public official or
18candidate making the filing, including the public official or
19candidate filing the Notification of Self-funding. Notice
20shall be sent via first class mail to the candidate and the
21treasurer of the candidate's committee. Notice shall also be
22sent by e-mail to the candidate and the treasurer of the
23candidate's committee if the candidate and the treasurer, as
24applicable, have provided the Board with an e-mail address.
25Upon posting of the notice on the Board's website, all
26candidates for that office, including the public official or

 

 

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1candidate who filed a Notification of Self-funding, shall be
2permitted to accept contributions in excess of any
3contribution limits imposed by subsection (b). If a public
4official or candidate filed a Notification of Self-funding
5during an election cycle that includes a general primary
6election or consolidated primary election and that public
7official or candidate is nominated, all candidates for that
8office, including the nominee who filed the notification of
9self-funding, shall be permitted to accept contributions in
10excess of any contribution limit imposed by subsection (b) for
11the subsequent election cycle. For the purposes of this
12subsection, "immediate family" means the spouse, parent, or
13child of a public official or candidate.
14    (h-5) If a natural person or independent expenditure
15committee makes independent expenditures in support of or in
16opposition to the campaign of a particular public official or
17candidate in an aggregate amount of more than (i) $250,000 for
18statewide office or (ii) $100,000 for all other elective
19offices in an election cycle, as reported in a written
20disclosure filed under subsection (a) of Section 9-8.6 or
21subsection (e-5) of Section 9-10, then the State Board of
22Elections shall, within 2 business days after the filing of
23the disclosure, post the disclosure on the Board's website and
24give official notice of the disclosure to each candidate for
25the same office as the public official or candidate for whose
26benefit or detriment the natural person or independent

 

 

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1expenditure committee made independent expenditures. Upon
2posting of the notice on the Board's website, all candidates
3for that office in that election, including the public
4official or candidate for whose benefit or detriment the
5natural person or independent expenditure committee made
6independent expenditures, shall be permitted to accept
7contributions in excess of any contribution limits imposed by
8subsection (b).
9    (h-10) If the State Board of Elections receives
10notification or determines that a natural person or persons,
11an independent expenditure committee or committees, or
12combination thereof has made independent expenditures in
13support of or in opposition to the campaign of a particular
14public official or candidate in an aggregate amount of more
15than (i) $250,000 for statewide office or (ii) $100,000 for
16all other elective offices in an election cycle, then the
17Board shall, within 2 business days after discovering the
18independent expenditures that, in the aggregate, exceed the
19threshold set forth in (i) and (ii) of this subsection, post
20notice of this fact on the Board's website and give official
21notice to each candidate for the same office as the public
22official or candidate for whose benefit or detriment the
23independent expenditures were made. Notice shall be sent via
24first class mail to the candidate and the treasurer of the
25candidate's committee. Notice shall also be sent by e-mail to
26the candidate and the treasurer of the candidate's committee

 

 

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1if the candidate and the treasurer, as applicable, have
2provided the Board with an e-mail address. Upon posting of the
3notice on the Board's website, all candidates of that office
4in that election, including the public official or candidate
5for whose benefit or detriment the independent expenditures
6were made, may accept contributions in excess of any
7contribution limits imposed by subsection (b).
8    (i) For the purposes of this Section, a corporation, labor
9organization, association, or a political action committee
10established by a corporation, labor organization, or
11association may act as a conduit in facilitating the delivery
12to a political action committee of contributions made through
13dues, levies, or similar assessments and the political action
14committee may report the contributions in the aggregate,
15provided that: (i) contributions made through dues, levies, or
16similar assessments paid by any natural person, corporation,
17labor organization, or association in a calendar year may not
18exceed the limits set forth in this Section; (ii) the
19corporation, labor organization, association, or a political
20action committee established by a corporation, labor
21organization, or association facilitating the delivery of
22contributions maintains a list of natural persons,
23corporations, labor organizations, and associations that paid
24the dues, levies, or similar assessments from which the
25contributions comprising the aggregate amount derive; and
26(iii) contributions made through dues, levies, or similar

 

 

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1assessments paid by any natural person, corporation, labor
2organization, or association that exceed $500 in a quarterly
3reporting period shall be itemized on the committee's
4quarterly report and may not be reported in the aggregate. A
5political action committee facilitating the delivery of
6contributions or receiving contributions shall disclose the
7amount of contributions made through dues delivered or
8received and the name of the corporation, labor organization,
9association, or political action committee delivering the
10contributions, if applicable. On January 1 of each
11odd-numbered year, the State Board of Elections shall adjust
12the amounts of the contribution limitations established in
13this subsection for inflation as determined by the Consumer
14Price Index for All Urban Consumers as issued by the United
15States Department of Labor and rounded to the nearest $100.
16The State Board shall publish this information on its official
17website.
18    (j) A political committee that receives a contribution or
19transfer in violation of this Section shall dispose of the
20contribution or transfer by returning the contribution or
21transfer, or an amount equal to the contribution or transfer,
22to the contributor or transferor or donating the contribution
23or transfer, or an amount equal to the contribution or
24transfer, to a charity. A contribution or transfer received in
25violation of this Section that is not disposed of as provided
26in this subsection within 30 days after the Board sends

 

 

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1notification to the political committee of the excess
2contribution by certified mail shall escheat to the General
3Revenue Fund and the political committee shall be deemed in
4violation of this Section and subject to a civil penalty not to
5exceed 150% of the total amount of the contribution.
6    (k) For the purposes of this Section, "statewide office"
7means the Governor, Lieutenant Governor, Attorney General,
8Secretary of State, Comptroller, and Treasurer.
9    (l) This Section is repealed if and when the United States
10Supreme Court invalidates contribution limits on committees
11formed to assist candidates, political parties, corporations,
12associations, or labor organizations established by or
13pursuant to federal law.
14(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
15    Section 25. The General Assembly Compensation Act is
16amended by changing Section 1 as follows:
 
17    (25 ILCS 115/1)  (from Ch. 63, par. 14)
18    Sec. 1. Each member of the General Assembly shall receive
19an annual salary of $28,000 or as set by the Compensation
20Review Board, whichever is greater. The following named
21officers, committee chairmen and committee minority spokesmen
22shall receive additional amounts per year for their services
23as such officers, committee chairmen and committee minority
24spokesmen respectively, as set by the Compensation Review

 

 

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1Board or, as follows, whichever is greater: Beginning the
2second Wednesday in January 1989, the Speaker and the minority
3leader of the House of Representatives and the President and
4the minority leader of the Senate, $16,000 each; the majority
5leader in the House of Representatives $13,500; 5 assistant
6majority leaders and 5 assistant minority leaders in the
7Senate, $12,000 each; 6 assistant majority leaders and 6
8assistant minority leaders in the House of Representatives,
9$10,500 each; 2 Deputy Majority leaders in the House of
10Representatives $11,500 each; and 2 Deputy Minority leaders in
11the House of Representatives, $11,500 each; the majority
12caucus chairman and minority caucus chairman in the Senate,
13$12,000 each; and beginning the second Wednesday in January,
141989, the majority conference chairman and the minority
15conference chairman in the House of Representatives, $10,500
16each; beginning the second Wednesday in January, 1989, the
17chairman and minority spokesman of each standing committee of
18the Senate, except the Rules Committee, the Committee on
19Committees, and the Committee on Assignment of Bills, $6,000
20each; and beginning the second Wednesday in January, 1989, the
21chairman and minority spokesman of each standing and select
22committee of the House of Representatives, $6,000 each; and
23beginning fiscal year 2020, the majority leader in the Senate,
24an amount equal to the majority leader in the House. A member
25who serves in more than one position as an officer, committee
26chairman, or committee minority spokesman shall receive only

 

 

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1one additional amount based on the position paying the highest
2additional amount. The compensation provided for in this
3Section to be paid per year to members of the General Assembly,
4including the additional sums payable per year to officers of
5the General Assembly shall be paid in 12 equal monthly
6installments until December 31, 2021. Beginning January 1,
72022 the compensation provided for in this Section to be paid
8per year to members of the General Assembly, including
9additional sums payable per year to officers of the General
10Assembly, shall be paid bi-monthly. Members who resign before
11completing the entire term in office shall be compensated on a
12prorated basis. Members completing the term of a vacancy shall
13be compensated on a prorated basis. The first such installment
14is payable on January 31, 1977. All subsequent equal monthly
15installments are payable on the last working day of the month.
16A member who has held office any part of a month is entitled to
17compensation for an entire month.
18    Mileage shall be paid at the rate of 20 cents per mile
19before January 9, 1985, and at the mileage allowance rate in
20effect under regulations promulgated pursuant to 5 U.S.C.
215707(b)(2) beginning January 9, 1985, for the number of actual
22highway miles necessarily and conveniently traveled by the
23most feasible route to be present upon convening of the
24sessions of the General Assembly by such member in each and
25every trip during each session in going to and returning from
26the seat of government, to be computed by the Comptroller. A

 

 

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1member traveling by public transportation for such purposes,
2however, shall be paid his actual cost of that transportation
3instead of on the mileage rate if his cost of public
4transportation exceeds the amount to which he would be
5entitled on a mileage basis. No member may be paid, whether on
6a mileage basis or for actual costs of public transportation,
7for more than one such trip for each week the General Assembly
8is actually in session. Each member shall also receive an
9allowance of $36 per day for lodging and meals while in
10attendance at sessions of the General Assembly before January
119, 1985; beginning January 9, 1985, such food and lodging
12allowance shall be equal to the amount per day permitted to be
13deducted for such expenses under the Internal Revenue Code;
14however, beginning May 31, 1995, no allowance for food and
15lodging while in attendance at sessions is authorized for
16periods of time after the last day in May of each calendar
17year, except (i) if the General Assembly is convened in
18special session by either the Governor or the presiding
19officers of both houses, as provided by subsection (b) of
20Section 5 of Article IV of the Illinois Constitution or (ii) if
21the General Assembly is convened to consider bills vetoed,
22item vetoed, reduced, or returned with specific
23recommendations for change by the Governor as provided in
24Section 9 of Article IV of the Illinois Constitution. For
25fiscal year 2011 and for session days in fiscal years 2012,
262013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the

 

 

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1allowance for lodging and meals is $111 per day and (ii)
2mileage for automobile travel shall be reimbursed at a rate of
3$0.39 per mile.
4    Notwithstanding any other provision of law to the
5contrary, beginning in fiscal year 2012, travel reimbursement
6for General Assembly members on non-session days shall be
7calculated using the guidelines set forth by the Legislative
8Travel Control Board, except that fiscal year 2012, 2013,
92014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
10is set at a rate of $0.39 per mile.
11    If a member dies having received only a portion of the
12amount payable as compensation, the unpaid balance shall be
13paid to the surviving spouse of such member, or, if there be
14none, to the estate of such member.
15(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
16101-10, eff. 6-5-19; revised 7-17-19.)
 
17    Section 30. The Lobbyist Registration Act is amended by
18changing Sections 2, 3, 4.5, 4.7, 5, 6, 8, and 11.2 as follows:
 
19    (25 ILCS 170/2)  (from Ch. 63, par. 172)
20    Sec. 2. Definitions. As used in this Act, unless the
21context otherwise requires:
22    (a) "Person" means any individual, firm, partnership,
23committee, association, corporation, or any other organization
24or group of persons.

 

 

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1    (b) "Expenditure" means a payment, distribution, loan,
2advance, deposit, or gift of money or anything of value, and
3includes a contract, promise, or agreement, whether or not
4legally enforceable, to make an expenditure, for the ultimate
5purpose of influencing executive, legislative, or
6administrative action, other than compensation as defined in
7subsection (d).
8    (c) "Official" means:
9        (1) the Governor, Lieutenant Governor, Secretary of
10    State, Attorney General, State Treasurer, and State
11    Comptroller;
12        (2) Chiefs of Staff for officials described in item
13    (1), the Deputy Governor, the Deputy Secretary of State,
14    the Deputy Attorney General, the Deputy Treasurer, and the
15    Deputy Comptroller;
16        (3) Cabinet members of any elected constitutional
17    officer, including Directors, Assistant Directors and
18    Chief Legal Counsel or General Counsel;
19        (4) Members of the General Assembly; and
20        (5) Members of any board, commission, authority, or
21    task force of the State authorized or created by State law
22    or by executive order of the Governor; .
23        (6) Mayors, presidents, aldermen, commissioners, and
24    trustees of a city, village, or town;
25        (7) County board members and countywide elected
26    officials;

 

 

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1        (8) Township board members and township elected
2    officials; and
3        (9) Members of any board, commission, authority, or
4    task force created by a local ordinance or order of a mayor
5    or village or town president.
6    (d) "Compensation" means any money, thing of value or
7financial benefits received or to be received in return for
8services rendered or to be rendered, for lobbying or as a
9consultant as defined in subsection (e).
10    Monies paid to members of the General Assembly by the
11State as remuneration for performance of their Constitutional
12and statutory duties as members of the General Assembly shall
13not constitute compensation as defined by this Act.
14    (e) "Lobby" and "lobbying" means any communication,
15including the soliciting of others to communicate, with an
16official of the executive or legislative branch of State
17government as defined in subsection (c) for the ultimate
18purpose of influencing any executive, legislative, or
19administrative action at the State, municipal, county, or
20township government level.
21    (f) "Influencing" means any communication, action,
22reportable expenditure as prescribed in Section 6 or other
23means used to promote, support, affect, modify, oppose or
24delay any executive, legislative or administrative action or
25to promote goodwill with officials as defined in subsection
26(c).

 

 

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1    (g) "Executive action" means the proposal, drafting,
2development, consideration, amendment, adoption, approval,
3promulgation, issuance, modification, rejection or
4postponement by a State, municipal, county, or township
5government entity of a rule, regulation, order, decision,
6determination, contractual arrangement, purchasing agreement
7or other quasi-legislative or quasi-judicial action or
8proceeding.
9    (h) "Legislative action" means the development, drafting,
10introduction, consideration, modification, adoption,
11rejection, review, enactment, or passage or defeat of any
12bill, amendment, resolution, ordinance, report, nomination,
13administrative rule or other matter by either house of the
14General Assembly or a committee thereof, or by a legislator,
15by the legislative body of a municipality, county, or
16township, or by an alderman, trustee, or township board
17member. Legislative action also means the action of the
18Governor, mayor, or village or township board president, or
19county executive in approving or vetoing any bill, ordinance,
20or resolution or portion thereof, and the action of such
21officials the Governor or any agency under their jurisdiction
22in the development of a legislative proposal for introduction
23in the legislature.
24    (i) "Administrative action" means the execution or
25rejection of any rule, regulation, legislative rule, standard,
26fee, rate, contractual arrangement, purchasing agreement or

 

 

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1other delegated legislative or quasi-legislative action to be
2taken or withheld by any executive agency, department, board
3or commission of the State, municipal, county, or township.
4    (j) "Lobbyist" means any natural person who undertakes to
5lobby State, municipal, county, or township government as
6provided in subsection (e).
7    (k) "Lobbying entity" means any entity that hires,
8retains, employs, or compensates a natural person to lobby
9State, municipal, county, or township government as provided
10in subsection (e).
11    (l) "Authorized agent" means the person designated by an
12entity or lobbyist registered under this Act as the person
13responsible for submission and retention of reports required
14under this Act.
15    (m) "Client" means any person or entity that provides
16compensation to a lobbyist to lobby State, municipal, county,
17or township government as provided in subsection (e) of this
18Section.
19    (n) "Client registrant" means a client who is required to
20register under this Act.
21    (o) "Unit of local government" has the meaning ascribed to
22it in Section 1 of Article VII of the Illinois Constitution and
23also includes school districts and community college
24districts.
25    (p) "Consultant" means any natural person or entity who,
26for compensation, provides advisory services, including but

 

 

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1not limited to, rendering opinions on or developing strategies
2for lobbying or influencing, to a lobbyist or lobbying entity
3for the ultimate purpose of influencing any executive,
4legislative, or administrative action. "Consultant" does not
5include (i) an employee of the lobbyist or lobbying entity or
6(ii) an attorney or law firm providing legal services,
7including drafting legislation or advising and rendering
8opinions to clients as to the construction and legal effect of
9proposed or pending legislation or any executive, legislative,
10or administrative action.
11(Source: P.A. 101-595, eff. 12-5-19.)
 
12    (25 ILCS 170/3)  (from Ch. 63, par. 173)
13    Sec. 3. Persons required to register.
14    (a) Except as provided in Section 9, any natural person
15who, for compensation or otherwise, undertakes to lobby, or
16any person or entity who employs or compensates another person
17for the purposes of lobbying, shall register with the
18Secretary of State as provided in this Act, unless that person
19or entity qualifies for one or more of the following
20exemptions.
21        (1) Persons or entities who, for the purpose of
22    influencing any executive, legislative, or administrative
23    action and who do not make expenditures that are
24    reportable pursuant to Section 6, appear without
25    compensation or promise thereof only as witnesses before a

 

 

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1    legislative committee committees of the House and Senate
2    for the purpose of explaining or arguing for or against
3    the passage of or action upon any legislation , ordinance,
4    or regulation then pending before the committee those
5    committees, or who seek without compensation or promise
6    thereof the approval or veto of any legislation or
7    ordinance by the Governor.
8        (1.4) A unit of local government, State government, or
9    agencies, departments, commissions, boards, or task forces
10    thereof or a school district.
11        (1.5) An elected or appointed official or an employee
12    of a unit of local government or school district who, in
13    the scope of his or her public office or employment, seeks
14    to influence executive, legislative, or administrative
15    action exclusively on behalf of that unit of local
16    government or school district.
17        (2) Persons or entities who own, publish, or are
18    employed by a newspaper or other regularly published
19    periodical, or who own or are employed by a radio station,
20    television station, or other bona fide news medium that in
21    the ordinary course of business disseminates news,
22    editorial or other comment, or paid advertisements that
23    directly urge the passage or defeat of legislation. This
24    exemption is not applicable to such an individual insofar
25    as he or she receives additional compensation or expenses
26    from some source other than the bona fide news medium for

 

 

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1    the purpose of influencing executive, legislative, or
2    administrative action. This exemption does not apply to
3    newspapers and periodicals owned by or published by trade
4    associations and not-for-profit corporations engaged
5    primarily in endeavors other than dissemination of news.
6        (3) Persons or entities performing professional
7    services in drafting bills or in advising and rendering
8    opinions to clients as to the construction and effect of
9    proposed or pending legislation when those professional
10    services are not otherwise, directly or indirectly,
11    connected with executive, legislative, or administrative
12    action.
13        (4) Persons or entities who are employees of
14    departments, divisions, or agencies of State or local
15    government and who appear before committees of the House
16    and Senate for the purpose of explaining how the
17    executive, legislative, or administrative action passage
18    of or action upon any legislation then pending before
19    those committees will affect those departments, divisions,
20    or agencies of State or local government.
21        (5) Employees of the General Assembly, legislators,
22    legislative agencies, and legislative commissions who, in
23    the course of their official duties only, engage in
24    activities that otherwise qualify as lobbying. Legislators
25    whose activities are limited to occasional communications
26    with an official of a unit of local government on behalf of

 

 

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1    their employer in the ordinary course of their non-public
2    employment where (1) the primary duties of the employment
3    are not to influence executive, legislative, or
4    administrative action and (2) the legislator does not make
5    any expenditures that are reportable pursuant to Section
6    6.
7        (6) Persons or entities in possession of technical
8    skills and knowledge relevant to certain areas of
9    executive, legislative, or administrative actions, whose
10    skills and knowledge would be helpful to officials when
11    considering those actions, whose activities are limited to
12    making occasional appearances for or communicating on
13    behalf of a registrant, and who do not make expenditures
14    that are reportable pursuant to Section 6 even though
15    receiving expense reimbursement for those occasional
16    appearances.
17        (7) Any full-time employee of a bona fide church or
18    religious organization who represents that organization
19    solely for the purpose of protecting the right of the
20    members thereof to practice the religious doctrines of
21    that church or religious organization, or any such bona
22    fide church or religious organization.
23        (8) Persons or entities that receive no compensation
24    other than reimbursement for expenses of up to $500 per
25    year while engaged in lobbying State government, unless
26    those persons make expenditures that are reportable under

 

 

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1    Section 6.
2        (9) Any attorney or group or firm of attorneys (1) in
3    connection with the practice of law or (2) in the course of
4    representing a client in relation to any administrative,
5    or judicial, quasi-judicial proceeding, or any witness
6    providing testimony in any administrative, or judicial, or
7    quasi-judicial proceeding, in which ex parte
8    communications are not allowed and who does not make
9    expenditures that are reportable pursuant to Section 6.
10        (9.5) Any attorney or group or firm of attorneys in
11    the course of representing a client in an administrative
12    or executive action involving a contractual or purchasing
13    arrangement and who does not make expenditures that are
14    reportable pursuant to Section 6.
15        (10) Persons or entities who, in the scope of their
16    employment as a vendor, offer or solicit an official for
17    the purchase of any goods or services when (1) the
18    solicitation is limited to either an oral inquiry or
19    written advertisements and informative literature; or (2)
20    the goods and services are subject to competitive bidding
21    requirements of the Illinois Procurement Code; or (3) the
22    goods and services are for sale at a cost not to exceed
23    $5,000; and (4) the persons or entities do not make
24    expenditures that are reportable under Section 6.
25    (a-5) If in the course of providing services as a
26consultant, the consultant communicates with an official on

 

 

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1behalf of the lobbyist or lobbying entity for the ultimate
2purpose of influencing any executive, legislative, or
3administrative action, or makes an expenditure on behalf of or
4benefitting an official, the consultant shall register as a
5lobbyist within 2 business days of engaging in the
6communication with the official or making the expenditure
7benefitting the official.
8    (b) It is a violation of this Act to engage in lobbying or
9to employ any person for the purpose of lobbying who is not
10registered with the Office of the Secretary of State, except
11upon condition that the person register and the person does in
12fact register within 2 business days after being employed or
13retained for lobbying services.
14    (c) The Secretary shall promulgate a rule establishing a
15list of the entities required to register under this Act,
16including the name of each board, commission, authority, or
17task force. The Secretary may require a person or entity
18claiming an exemption under this Section to certify the person
19or entity is not required to register under this Act. Nothing
20prohibits the Secretary from rejecting a certification and
21requiring a person or entity to register.
22(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
23    (25 ILCS 170/4.5)
24    Sec. 4.5. Ethics training. Each natural person required to
25register as a lobbyist under this Act must complete a program

 

 

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1of ethics training provided by the Secretary of State. A
2natural person registered under this Act must complete the
3training program before no later than 30 days after
4registration or renewal is deemed complete under this Act. If
5the Secretary of State uses the ethics training developed in
6accordance with Section 5-10 of the State Officials and
7Employees Ethics Act, that training must be expanded to
8include appropriate information about the requirements,
9responsibilities, and opportunities imposed by or arising
10under this Act, including reporting requirements.
11    The Secretary of State shall adopt rules for the
12implementation of this Section.
13(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
14    (25 ILCS 170/4.7)
15    Sec. 4.7. Prohibition on sexual harassment.
16    (a) All persons have the right to work in an environment
17free from sexual harassment. All persons subject to this Act
18shall refrain from sexual harassment of any person.
19    (b) (Blank.) Until January 1, 2020, each natural person
20required to register as a lobbyist under this Act must
21complete, at least annually, a sexual harassment training
22program provided by the Secretary of State. A natural person
23registered under this Act must complete the training program
24no later than 30 days after registration or renewal under this
25Act. This requirement does not apply to a lobbying entity or a

 

 

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1client that hires a lobbyist that (i) does not have employees
2of the lobbying entity or client registered as lobbyists, or
3(ii) does not have an actual presence in Illinois.
4    (b-5) Each Beginning January 1, 2020, each natural person
5required to register as a lobbyist under this Act must
6complete, at least annually, a harassment and discrimination
7prevention training program provided by the Secretary of
8State. A natural person registered under this Act must
9complete the training program before no later than 30 days
10after registration or renewal is deemed complete under this
11Act. This requirement does not apply to a lobbying entity or a
12client that hires a lobbyist that (i) does not have employees
13of the lobbying entity or client registered as lobbyists, or
14(ii) does not have an actual presence in Illinois. For the
15purposes of this subsection, "unlawful discrimination" and
16"harassment" mean unlawful discrimination and harassment
17prohibited under Section 2-102 of the Illinois Human Rights
18Act.
19    (c) Before registration or renewal is deemed complete
20under this Act No later than January 1, 2018, each natural
21person and any entity required to register under this Act
22shall have a written sexual harassment policy that shall
23include, at a minimum: (i) a prohibition on sexual harassment;
24(ii) details on how an individual can report an allegation of
25sexual harassment, including options for making a confidential
26report to a supervisor, ethics officer, Inspector General, or

 

 

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1the Department of Human Rights; (iii) a prohibition on
2retaliation for reporting sexual harassment allegations,
3including availability of whistleblower protections under the
4State Officials and Employee Ethics Act, the Whistleblower
5Act, and the Illinois Human Rights Act; and (iv) the
6consequences of a violation of the prohibition on sexual
7harassment and the consequences for knowingly making a false
8report.
9    (d) For purposes of this Act, "sexual harassment" means
10any unwelcome sexual advances or requests for sexual favors or
11any conduct of a sexual nature when: (i) submission to such
12conduct is made either explicitly or implicitly a term or
13condition of an individual's employment; (ii) submission to or
14rejection of such conduct by an individual is used as the basis
15for employment decisions affecting such individual; or (iii)
16such conduct has the purpose or effect of substantially
17interfering with an individual's work performance or creating
18an intimidating, hostile, or offensive working environment.
19For the purposes of this definition, the phrase "working
20environment" is not limited to a physical location an employee
21is assigned to perform his or her duties and does not require
22an employment relationship.
23    (e) The Secretary of State shall adopt rules for the
24implementation of this Section. In order to provide for the
25expeditious and timely implementation of this Section, the
26Secretary of State shall adopt emergency rules under

 

 

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1subsection (z) of Section 5-45 of the Illinois Administrative
2Procedure Act for the implementation of this Section no later
3than 60 days after the effective date of this amendatory Act of
4the 100th General Assembly.
5(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.)
 
6    (25 ILCS 170/5)
7    Sec. 5. Lobbyist registration and disclosure. Every
8natural person and every entity required to register under
9this Act shall before any service is performed which requires
10the natural person or entity to register, but in any event not
11later than 2 business days after being employed or retained,
12file in the Office of the Secretary of State a statement in a
13format prescribed by the Secretary of State containing the
14following information with respect to each person or entity
15employing, retaining, or benefitting from the services of the
16natural person or entity required to register:
17        (a) The registrant's name, permanent address, e-mail
18    address, if any, fax number, if any, business telephone
19    number, and temporary address, if the registrant has a
20    temporary address while lobbying.
21        (a-5) If the registrant is an entity, the information
22    required under subsection (a) for each natural person
23    associated with the registrant who will be lobbying,
24    regardless of whether lobbying is a significant part of
25    his or her duties.

 

 

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1        (b) The name and address of the client or clients
2    employing or retaining the registrant to perform such
3    services or on whose behalf the registrant appears. If the
4    client employing or retaining the registrant is a client
5    registrant, the statement shall also include the name and
6    address of the client or clients of the client registrant
7    on whose behalf the registrant will be or anticipates
8    performing services.
9        (b-5) If the registrant employs or retains a
10    sub-registrant, the statement shall include the name and
11    address of the sub-registrant and identify the client or
12    clients of the registrant on whose behalf the
13    sub-registrant will be or is anticipated to be performing
14    services.
15        (b-7) If the registrant retains a consultant, the
16    statement shall include the name and address of the
17    consultant and identify the client or clients and each
18    executive and legislative branch agency for which the
19    consultant is to provide advisory services.
20        (c) For those identified under subsections (b), (b-5),
21    and (b-7), a A brief description of the executive,
22    legislative, or administrative action in reference to
23    which such service is to be rendered.
24        (c-5) Each executive and legislative branch agency of
25    the State and each unit of local government the registrant
26    expects to lobby during the registration period.

 

 

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1        (c-6) The nature of the client's business, by
2    indicating all of the following categories that apply: (1)
3    banking and financial services, (2) manufacturing, (3)
4    education, (4) environment, (5) healthcare, (6) insurance,
5    (7) community interests, (8) labor, (9) public relations
6    or advertising, (10) marketing or sales, (11) hospitality,
7    (12) engineering, (13) information or technology products
8    or services, (14) social services, (15) public utilities,
9    (16) racing or wagering, (17) real estate or construction,
10    (18) telecommunications, (19) trade or professional
11    association, (20) travel or tourism, (21) transportation,
12    (22) agriculture, and (23) other (setting forth the nature
13    of that other business).
14        (d) A confirmation that the registrant has a sexual
15    harassment policy as required by Section 4.7, that such
16    policy shall be made available to any individual within 2
17    business days upon written request (including electronic
18    requests), that any person may contact the authorized
19    agent of the registrant to report allegations of sexual
20    harassment, and that the registrant recognizes the
21    Inspector General has jurisdiction to review any
22    allegations of sexual harassment alleged against the
23    registrant or lobbyists hired by the registrant.
24        (e) (Blank.) Each unit of local government in this
25    State for which the registrant is or expects to be
26    required to register to lobby the local government during

 

 

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1    the registration period. "Lobby" shall have the meaning
2    ascribed to it by the relevant unit of local government.
3        (f) Each elected or appointed public office in this
4    State to be held by the registrant at any time during the
5    registration period.
6    Every natural person and every entity required to register
7under this Act shall annually submit the registration required
8by this Section on or before each January 31. The registrant
9has a continuing duty to report any substantial change or
10addition to the information contained in the registration. A
11registrant who retains a consultant shall file an amended
12registration before any consulting services are performed, but
13in any event not later than 2 business days after the
14consultant is retained, setting forth the information required
15in subsections (b-7) and (c) of this Section. Registrants
16registered as of the effective date of this amendatory Act of
17the 101st General Assembly shall update their registration to
18add the information required under subsections (b-5), (e), and
19(f), if applicable, within 30 days after the effective date of
20this amendatory Act of the 101st General Assembly.
21    The Secretary of State shall make all filed statements and
22amendments to statements publicly available by means of a
23searchable database that is accessible through the World Wide
24Web. The Secretary of State shall provide all software
25necessary to comply with this provision to all natural persons
26and entities required to file. The Secretary of State shall

 

 

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1implement a plan to provide computer access and assistance to
2natural persons and entities required to file electronically.
3    All natural persons and entities required to register
4under this Act shall remit a single, annual, and nonrefundable
5$300 registration fee. Each natural person required to
6register under this Act shall submit, on an annual basis, a
7picture of the registrant. A registrant may, in lieu of
8submitting a picture on an annual basis, authorize the
9Secretary of State to use any photo identification available
10in any database maintained by the Secretary of State for other
11purposes. Each registration fee collected for registrations on
12or after January 1, 2010 shall be deposited into the Lobbyist
13Registration Administration Fund for administration and
14enforcement of this Act.
15(Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.)
 
16    (25 ILCS 170/6)  (from Ch. 63, par. 176)
17    Sec. 6. Reports.
18    (a) Lobbyist reports. Except as otherwise provided in this
19Section, every lobbyist registered under this Act who is
20solely employed by a lobbying entity shall file an
21affirmation, verified under oath pursuant to Section 1-109 of
22the Code of Civil Procedure, with the Secretary of State
23attesting to the accuracy of any reports filed pursuant to
24subsection (b) as those reports pertain to work performed by
25the lobbyist. Any lobbyist registered under this Act who is

 

 

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1not solely employed by a lobbying entity shall personally file
2reports required of lobbying entities pursuant to subsection
3(b). A lobbyist may, if authorized so to do by a lobbying
4entity by whom he or she is employed or retained, file lobbying
5entity reports pursuant to subsection (b) provided that the
6lobbying entity may delegate the filing of the lobbying entity
7report to only one lobbyist in any reporting period.
8    (b) Lobbying entity reports. Every lobbying entity
9registered under this Act shall report expenditures related to
10lobbying, including any expenditures made by a consultant in
11performing services for the lobbying entity. The report shall
12itemize each individual expenditure or transaction and shall
13include the name of the official on whose behalf the
14expenditure was made, the name of the client if the
15expenditure was made on behalf of a client, the total amount of
16the expenditure, a description of the expenditure, the vendor
17or purveyor to whom the expenditure was made (including the
18address or location of the expenditure), the date on which the
19expenditure occurred and the subject matter of the lobbying
20activity, if any. For those expenditures made on behalf of a
21client, if the client is a client registrant, the report shall
22also include the name and address of the client or clients of
23the client registrant or the official or officials on whose
24behalf the expenditure ultimately was made. Each expenditure
25required to be reported shall include all expenses made for or
26on behalf of an official or his or her immediate family member

 

 

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1living with the official.
2    (b-1) The report shall include any change or addition to
3the client list information, required in Section 5 for
4registration, since the last report, including the names and
5addresses of all clients who retained the lobbying entity
6together with an itemized description for each client of the
7following: (1) lobbying regarding executive action, including
8the name of any executive agency lobbied and the subject
9matter; (2) lobbying regarding legislative action, including
10the General Assembly and any other agencies lobbied and the
11subject matter; and (3) lobbying regarding administrative
12action, including the agency lobbied and the subject matter.
13Registrants who made no reportable expenditures during a
14reporting period shall file a report stating that no
15expenditures were incurred.
16    (b-2) Expenditures attributable to lobbying officials
17shall be listed and reported according to the following
18categories:
19        (1) Travel and lodging on behalf of others, including,
20    but not limited to, all travel and living accommodations
21    made for or on behalf of State officials during sessions
22    of the General Assembly.
23        (2) Meals, beverages and other entertainment.
24        (3) Gifts (indicating which, if any, are on the basis
25    of personal friendship).
26        (4) Honoraria.

 

 

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1        (5) Any other thing or service of value not listed
2    under categories (1) through (4), setting forth a
3    description of the expenditure. The category travel and
4    lodging includes, but is not limited to, all travel and
5    living accommodations made for or on behalf of State
6    officials in the State capital during sessions of the
7    General Assembly.
8    (b-3) Expenditures incurred for hosting receptions,
9benefits and other large gatherings held for purposes of
10goodwill or otherwise to influence executive, legislative or
11administrative action to which there are 25 or more State
12officials invited shall be reported listing only the total
13amount of the expenditure, the date of the event, and the
14estimated number of officials in attendance.
15    (b-7) Matters excluded from reports. The following items
16need not be included in the report:
17        (1) Reasonable and bona fide expenditures made by the
18    registrant who is a member of a legislative or State study
19    commission or committee while attending and participating
20    in meetings and hearings of such commission or committee.
21        (2) Reasonable and bona fide expenditures made by the
22    registrant for personal sustenance, lodging, travel,
23    office expenses and clerical or support staff.
24        (3) Salaries, fees, and other compensation paid to the
25    registrant for the purposes of lobbying.
26        (4) Any contributions required to be reported under

 

 

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1    Article 9 of the Election Code.
2        (5) Expenditures made by a registrant on behalf of an
3    official that are returned or reimbursed prior to the
4    deadline for submission of the report.
5    (c) A registrant who terminates employment or duties which
6required him to register under this Act shall give the
7Secretary of State, within 30 days after the date of such
8termination, written notice of such termination and shall
9include therewith a report of the expenditures described
10herein, covering the period of time since the filing of his
11last report to the date of termination of employment. Such
12notice and report shall be final and relieve such registrant
13of further reporting under this Act, unless and until he later
14takes employment or assumes duties requiring him to again
15register under this Act.
16    (d) Failure to file any such report within the time
17designated or the reporting of incomplete information shall
18constitute a violation of this Act.
19    A registrant shall preserve for a period of 2 years all
20receipts and records used in preparing reports under this Act.
21    (e) Within 30 days after a filing deadline or as provided
22by rule, the lobbyist shall notify each official on whose
23behalf an expenditure has been reported. Notification shall
24include the name of the registrant, the total amount of the
25expenditure, a description of the expenditure, the date on
26which the expenditure occurred, and the subject matter of the

 

 

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1lobbying activity.
2    (f) A report for the period beginning January 1, 2010 and
3ending on June 30, 2010 shall be filed no later than July 15,
42010, and a report for the period beginning July 1, 2010 and
5ending on December 31, 2010 shall be filed no later than
6January 15, 2011. Beginning January 1, 2011, reports shall be
7filed semi-monthly as follows: (i) for the period beginning
8the first day of the month through the 15th day of the month,
9the report shall be filed no later than the 20th day of the
10month and (ii) for the period beginning on the 16th day of the
11month through the last day of the month, the report shall be
12filed no later than the 5th day of the following month. A
13report filed under this Act is due in the Office of the
14Secretary of State no later than the close of business on the
15date on which it is required to be filed.
16    (g) All reports filed under this Act shall be filed in a
17format or on forms prescribed by the Secretary of State.
18(Source: P.A. 98-459, eff. 1-1-14.)
 
19    (25 ILCS 170/8)  (from Ch. 63, par. 178)
20    Sec. 8. Contingent fees prohibited. No person shall retain
21or employ another to lobby or provide services as a consultant
22with respect to any legislative, executive, or administrative
23action for compensation contingent in whole or in part upon
24the outcome of the action and no person shall accept any such
25employment or render any such service for compensation

 

 

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1contingent upon the outcome of the legislative, executive, or
2administrative action.
3(Source: P.A. 93-889, eff. 8-9-04.)
 
4    (25 ILCS 170/11.2)
5    Sec. 11.2. Local regulation. No unit of local government,
6including a home rule unit, may regulate lobbying in a manner
7inconsistent with this Act and all existing all existing laws
8and ordinances which are inconsistent with this Act are hereby
9superseded. This subsection is a limit on home rule powers
10pursuant to paragraphs (h) and (i) of Section 6 of Article VII
11of the Illinois Constitution. A unit of local government or
12school district may adopt an ordinance or resolution
13regulating lobbying activities with that unit of local
14government or school district that imposes requirements
15similar to those imposed by this Act.
16(Source: P.A. 88-187.)
 
17    Section 99. Effective date. This Act takes effect on
18January 1, 2022.".