Public Act 93-0615
HB3412 Enrolled LRB093 10270 JAM 10524 b
AN ACT concerning ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
State Officials and Employees Ethics Act.
Section 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a
political organization, or the selection, nomination, or
election of Presidential or Vice-Presidential electors, but
does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative
action (as those terms are defined in Section 2 of the
Lobbyist Registration Act), (ii) relating to collective
bargaining, or (iii) that are otherwise in furtherance of the
person's official State duties.
"Candidate" means a person who has filed nominating
papers or petitions for nomination or election to an elected
State office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor
Relations Act.
"Compensated time" means any time worked by or credited
to a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned
by or awarded to a State employee to compensate in whole or
in part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is
defined in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an
employer with regard to the material details of how the work
is to be performed; or (ii) any appointee.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Governmental entity" means a unit of local government or
a school district but not a State agency.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a
member of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of
the House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means a State constitutional officer of the
executive or legislative branch.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are
otherwise in furtherance of the person's official State
duties.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in
any political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a
public opinion poll in connection with a campaign for
elective office or on behalf of a political organization
for political purposes or for or against any referendum
question.
(5) Surveying or gathering information from
potential or actual voters in an election to determine
probable vote outcome in connection with a campaign for
elective office or on behalf of a political organization
for political purposes or for or against any referendum
question.
(6) Assisting at the polls on election day on
behalf of any political organization or candidate for
elective office or for or against any referendum
question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort
to get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf
of a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate
for elective office in that capacity or in connection
with a campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to
a political party convention.
(15) Participating in any recount or challenge to
the outcome of any election, except to the extent that
under subsection (d) of Section 6 of Article IV of the
Illinois Constitution each house of the General Assembly
shall judge the elections, returns, and qualifications of
its members.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section
2 of the Higher Education Cooperation Act, and bodies politic
and corporate of the State; and administrative units or
corporate outgrowths of the State government which are
created by or pursuant to statute, other than units of local
government and their officers, school districts, and boards
of election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House of Representatives, the
Senate Operations Commission, and the legislative support
services agencies. "State agency" includes the Office of the
Auditor General. "State agency" does not include the judicial
branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff
or employees of the Senate and not covered under item
(1), the Senate Operations Commission.
(3) For State employees who are professional staff
or employees of the House of Representatives and not
covered under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint
Committee on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act, the board of trustees of the
appropriate public institution of higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction
of paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
Section 1-10. Applicability. The State Officials and
Employees Ethics Act applies only to conduct that occurs on
or after the effective date of this Act and to causes of
action that accrue on or after the effective date of this
Act.
ARTICLE 5
ETHICAL CONDUCT
Section 5-5. Personnel policies.
(a) Each of the following shall adopt and implement
personnel policies for all State employees under his, her, or
its jurisdiction and control: (i) each executive branch
constitutional officer, (ii) each legislative leader, (iii)
the Senate Operations Commission, with respect to legislative
employees under Section 4 of the General Assembly Operations
Act, (iv) the Speaker of the House of Representatives, with
respect to legislative employees under Section 5 of the
General Assembly Operations Act, (v) the Joint Committee on
Legislative Support Services, with respect to State employees
of the legislative support services agencies, (vi) members of
the General Assembly, with respect to legislative assistants,
as provided in Section 4 of the General Assembly Compensation
Act, (vii) the Auditor General, (viii) the Board of Higher
Education, with respect to State employees of public
institutions of higher learning except community colleges,
and (ix) the Illinois Community College Board, with respect
to State employees of community colleges. The Governor shall
adopt and implement those policies for all State employees of
the executive branch not under the jurisdiction and control
of any other executive branch constitutional officer.
(b) The policies required under subsection (a) shall
include policies relating to work time requirements,
documentation of time worked, documentation for reimbursement
for travel on official State business, compensation, and the
earning or accrual of State benefits for all State employees
who may be eligible to receive those benefits. The policies
shall comply with and be consistent with all other applicable
laws. For State employees of the legislative branch, the
policies shall require those employees to periodically submit
time sheets documenting the time spent each day on official
State business to the nearest quarter hour; contractual
employees of the legislative branch may satisfy the time
sheets requirement by complying with the terms of their
contract, which shall provide for a means of compliance with
this requirement. The policies for State employees of the
legislative branch shall require those time sheets to be
submitted on paper, electronically, or both and to be
maintained in either paper or electronic format by the
applicable fiscal office for a period of at least 2 years.
Section 5-10. Ethics training. Each officer and
employee must complete, at least annually, an ethics training
program conducted by the appropriate ethics officer appointed
under the State Gift Ban Act. Each ultimate jurisdictional
authority must implement an ethics training program for its
officers and employees. A person who fills a vacancy in an
elective or appointed position that requires training and a
person employed in a position that requires training must
complete his or her initial ethics training within 6 months
after commencement of his or her office or employment.
Section 5-15. Prohibited political activities.
(a) State employees shall not intentionally perform any
prohibited political activity during any compensated time
(other than vacation, personal, or compensatory time off).
State employees shall not intentionally misappropriate any
State property or resources by engaging in any prohibited
political activity for the benefit of any campaign for
elective office or any political organization.
(b) At no time shall any executive or legislative branch
constitutional officer or any official, director, supervisor,
or State employee intentionally misappropriate the services
of any State employee by requiring that State employee to
perform any prohibited political activity (i) as part of that
employee's State duties, (ii) as a condition of State
employment, or (iii) during any time off that is compensated
by the State (such as vacation, personal, or compensatory
time off).
(c) A State employee shall not be required at any time
to participate in any prohibited political activity in
consideration for that State employee being awarded any
additional compensation or employee benefit, in the form of a
salary adjustment, bonus, compensatory time off, continued
employment, or otherwise.
(d) A State employee shall not be awarded any additional
compensation or employee benefit, in the form of a salary
adjustment, bonus, compensatory time off, continued
employment, or otherwise, in consideration for the State
employee's participation in any prohibited political
activity.
(e) Nothing in this Section prohibits activities that
are otherwise appropriate for a State employee to engage in
as a part of his or her official State employment duties or
activities that are undertaken by a State employee on a
voluntary basis as permitted by law.
(f) No person either (i) in a position that is subject
to recognized merit principles of public employment or (ii)
in a position the salary for which is paid in whole or in
part by federal funds and that is subject to the Federal
Standards for a Merit System of Personnel Administration
applicable to grant-in-aid programs, shall be denied or
deprived of State employment or tenure solely because he or
she is a member or an officer of a political committee, of a
political party, or of a political organization or club.
Section 5-20. Public service announcements.
(a) Except as otherwise provided in this Section, no
public service announcement or advertisement that is on
behalf of any State administered program and that contains
the image or voice of any executive branch constitutional
officer or member of the General Assembly shall be broadcast
or aired on radio or television or printed in a newspaper at
any time on or after the date that the officer or member
files his or her nominating petitions for public office and
for any time thereafter that the officer or member remains a
candidate for any office.
(b) This Section does not apply to communications funded
through expenditures required to be reported under Article 9
of the Election Code.
Section 5-30. Prohibited offer or promise. An officer or
employee of the executive or legislative branch or a
candidate for an executive or legislative branch office may
not promise anything of value related to State government,
including but not limited to positions in State government,
promotions, or salary increases, in consideration for a
contribution to a political committee, political party, or
other entity that has as one of its purposes the financial
support of a candidate for elective office.
Nothing in this Section prevents the making or accepting
of voluntary contributions otherwise in accordance with law.
Section 5-35. Contributions on State property.
Contributions shall not be intentionally solicited, accepted,
offered, or made on State property by public officials, by
State employees, by candidates for elective office, by
persons required to be registered under the Lobbyist
Registration Act, or by any officers, employees, or agents of
any political organization, except as provided in this
Section. For purposes of this Section, "State property" means
any building or portion thereof owned or exclusively leased
by the State or any State agency at the time the contribution
is solicited, offered, accepted, or made. "State property"
does not however, include any portion of a building that is
rented or leased from the State or any State agency by a
private person or entity.
An inadvertent solicitation, acceptance, offer, or making
of a contribution is not a violation of this Section so long
as reasonable and timely action is taken to return the
contribution to its source.
The provisions of this Section do not apply to the
residences of State officers and employees, except that no
fundraising events shall be held at residences owned by the
State or paid for, in whole or in part, with State funds.
Section 5-40. Fundraising in Sangamon County. Except as
provided in this Section, any executive branch constitutional
officer, any candidate for an executive branch constitutional
office, any member of the General Assembly, any candidate for
the General Assembly, any political caucus of the General
Assembly, or any political committee on behalf of any of the
foregoing may not hold a fundraising function in Sangamon
County on any day the legislature is in session (i) during
the period beginning February 1 and ending on the later of
the actual adjournment dates of either house of the spring
session and (ii) during fall veto session. For purposes of
this Section, the legislature is not considered to be in
session on a day that is solely a perfunctory session day or
on a day when only a committee is meeting.
During the period beginning June 1 and ending on the
first day of fall veto session each year, this Section does
not apply to (i) a member of the General Assembly whose
legislative or representative district is entirely within
Sangamon County or (ii) a candidate for the General Assembly
from that legislative or representative district.
Section 5-45. Procurement; revolving door prohibition.
(a) No former State employee may, within a period of one
year immediately after termination of State employment,
knowingly accept employment or receive compensation or fees
for services from an employer if the employee, during the
year immediately preceding termination of State employment,
and on behalf of the State or State agency, negotiated in
whole or in part one or more contracts with that employer
aggregating $25,000 or more.
(b) The requirements of this Section may be waived by
the appropriate ultimate jurisdictional authority of the
former State employee if that ultimate jurisdictional
authority finds in writing that the State's negotiations and
decisions regarding the procurement of the contract or
contracts were not materially affected by any potential for
employment of that employee by the employer.
(c) This Section applies only to persons who terminate
an affected position on or after the effective date of this
Act.
ARTICLE 15
WHISTLE BLOWER PROTECTION
Section 15-5. Definitions. In this Article:
"Public body" means (1) any officer, member, or State
agency; (2) the federal government; (3) any local law
enforcement agency or prosecutorial office; (4) any federal
or State judiciary, grand or petit jury, law enforcement
agency, or prosecutorial office; and (5) any officer,
employee, department, agency, or other division of any of the
foregoing.
"Supervisor" means an officer, a member, or a State
employee who has the authority to direct and control the work
performance of a State employee or who has authority to take
corrective action regarding any violation of a law, rule, or
regulation of which the State employee complains.
"Retaliatory action" means the reprimand, discharge,
suspension, demotion, or denial of promotion or transfer of
any State employee in the terms and conditions of employment,
and that is taken in retaliation for a State employee's
involvement in protected activity, as set forth in Section
15-10.
Section 15-10. Protected activity. An officer, a member,
or a State agency shall not take any retaliatory action
against a State employee because the State employee does any
of the following:
(1) Discloses or threatens to disclose to a supervisor
or to a public body an activity, policy, or practice of any
officer, member, State agency, or other State employee that
the State employee reasonably believes is in violation of a
law, rule, or regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or inquiry
into any violation of a law, rule, or regulation by any
officer, member, State agency, or other State employee.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
Section 15-20. Burden of proof. A violation of this
Article may be established only upon a finding that (i) the
State employee engaged in conduct described in Section 15-10
and (ii) that conduct was a contributing factor in the
retaliatory action alleged by the State employee. It is not
a violation, however, if it is demonstrated that the officer,
member, other State employee, or State agency would have
taken the same unfavorable personnel action in the absence of
that conduct.
Section 15-25. Remedies. The State employee may be
awarded all remedies necessary to make the State employee
whole and to prevent future violations of this Article.
Remedies imposed by the court may include, but are not
limited to, all of the following:
(1) reinstatement of the employee to either the same
position held before the retaliatory action or to an
equivalent position;
(2) 2 times the amount of back pay;
(3) interest on the back pay; and
(4) the reinstatement of full fringe benefits and
seniority rights.
Section 15-35. Preemption. Nothing in this Article shall
be deemed to diminish the rights, privileges, or remedies of
a State employee under any other federal or State law, rule,
or regulation or under any collective bargaining agreement or
employment contract.
ARTICLE 50
PENALTIES
Section 50-5. Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45 or Article 15.
(b) A person who intentionally violates any provision of
Section 5-20 or Section 5-35 is guilty of a business offense
subject to a fine of at least $1,001 and up to $5,000.
(c) In addition to any other penalty that may apply,
whether criminal or civil, a director, a supervisor, or a
State employee who intentionally violates any provision of
Section 5-15, 5-20, 5-30, 5-35, or 5-40 or Article 15 is
subject to discipline or discharge by the appropriate
ultimate jurisdictional authority.
ARTICLE 70
GOVERNMENTAL ENTITIES
Section 70-5. Adoption by governmental entities.
(a) Within 6 months after the effective date of this
Act, each governmental entity shall adopt an ordinance or
resolution that regulates, in a manner no less restrictive
than Section 5-15 of this Act, the political activities of
officers and employees of the governmental entity.
(b) The Attorney General shall develop model ordinances
and resolutions for the purpose of this Article and shall
advise governmental entities on their contents and adoption.
(c) As used in this Article, (i) an "officer" means an
elected or appointed official; regardless of whether the
official is compensated, and (ii) an "employee" means a
full-time, part-time, or contractual employee.
Section 70-10. Penalties. A governmental entity may
provide in the ordinance or resolution required by this
Article for penalties similar to those provided in this Act
for similar conduct.
Section 70-15. Home rule preemption. This Article is a
denial and limitation of home rule powers and functions in
accordance with subsection (i) of Section 6 of Article VII of
the Illinois Constitution. A home rule unit may not regulate
the political activities of its officers and employees in a
manner less restrictive than the provisions of this Act.
ARTICLE 90
AMENDATORY PROVISIONS
Section 90-3. The Illinois Administrative Procedure Act
is amended by adding Section 5-165 as follows:
(5 ILCS 100/5-165 new)
Sec. 5-165. Ex parte communications in rulemaking.
(a) Notwithstanding any law to the contrary, this
Section applies to ex parte communications made during the
rulemaking process.
(b) "Ex parte communication" means any written or oral
communication by any person required to be registered under
the Lobbyist Registration Act to an agency, agency head,
administrative law judge, or other agency employee during the
rulemaking period that imparts material information or
argument regarding potential action concerning general,
emergency, or peremptory rulemaking under this Act. For
purposes of this Section, the rulemaking period begins upon
the commencement of the first notice period with respect to
general rulemaking under Section 5-40, upon the filing of a
notice of emergency rulemaking under Section 5-45, or upon
the filing of a notice of rulemaking with respect to
peremptory rulemaking under Section 5-50. "Ex parte
communication" does not include the following: (i) statements
by a person publicly made in a public forum; (ii) statements
regarding matters of procedure and practice, such as the
format of public comments, the number of copies required, the
manner of filing such comments, and the status of a
rulemaking proceeding; and (iii) statements made by a State
official or State employee.
(c) An ex parte communication received by any agency
head, agency employee, or administrative law judge shall be
made a part of the record of the rulemaking proceeding,
including all written communications, all written responses
to the communications, and a memorandum stating the substance
of all oral communications and all responses made and the
identity of each person from whom the ex parte communication
was received. The disclosure shall also contain the date of
any ex parte communication.
(5 ILCS 320/Act rep.)
Section 90-6. The State Employees Political Activity Act
is repealed on the effective date of the State Officials and
Employees Ethics Act.
Section 90-7. The Illinois Governmental Ethics Act is
amended by adding Article 3A as follows:
(5 ILCS 420/Art. 3A heading new)
ARTICLE 3A
GOVERNMENTAL APPOINTEES
(5 ILCS 420/3A-5 new)
Sec. 3A-5. Definitions. As used in this Article:
"Late term appointee" means a person who is appointed to
an office by a Governor who does not succeed himself or
herself as Governor, whose appointment requires the advice
and consent of the Senate, and whose appointment is confirmed
by the Senate 90 or fewer days before the end of the
appointing Governor's term.
"Succeeding Governor" means the Governor in office
immediately after a Governor who appoints a late term
appointee.
(5 ILCS 420/3A-10 new)
Sec. 3A-10. Late term appointee's term of office. A
late term appointee shall serve no longer than the sixtieth
day of the term of office of the succeeding Governor.
(5 ILCS 420/3A-15 new)
Sec. 3A-15. Vacancy created. Upon the earlier of the
resignation of a late term appointee or the conclusion of the
sixtieth day of the term of the succeeding Governor, that
appointed office shall be considered vacant. The succeeding
Governor may then make an appointment to fill that vacancy,
regardless of whether the statute that creates the appointed
office provides for appointment to fill a vacancy. All other
requirements of law applicable to that appointed office shall
apply to the succeeding Governor's appointee, including but
not limited to eligibility, qualifications, and confirmation
by the Senate.
(5 ILCS 420/3A-20 new)
Sec. 3A-20. Term of appointee. The term of office of
an appointee filling a vacancy created under Section 3A-15
shall be the term of any appointee filling a vacancy as
provided by the statute that creates the appointed office.
If the statute that creates the appointed office does not
specify the term to be served by an appointee filling a
vacancy, the term of the appointee shall be for the remainder
of the term the late term appointee would have otherwise been
entitled to fill.
(5 ILCS 420/3A-25 new)
Sec. 3A-25. Reappointment. Nothing in this Article
prohibits a succeeding Governor from reappointing an
otherwise qualified late term appointee to fill the vacancy
created under Section 3A-15.
(5 ILCS 420/3A-30 new)
Sec. 3A-30. Disclosure.
(a) Upon appointment to a board, commission, authority,
or task force authorized or created by State law, a person
must file with the Secretary of State a disclosure of all
contracts the person or his or her spouse or immediate family
members living with the person have with the State and all
contracts between the State and any entity in which the
person or his or her spouse or immediate family members
living with the person have a majority financial interest.
(b) Violation of this Section is a business offense
punishable by a fine of $1,001.
(c) The Secretary of State must adopt rules for the
implementation and administration of this Section.
Disclosures filed under this Section are public records.
(5 ILCS 420/3A-35 new)
Sec. 3A-35. Conflicts of interests.
(a) In addition to the provisions of subsection (a) of
Section 50-13 of the Illinois Procurement Code, it is
unlawful for an appointed member of a board, commission,
authority, or task force authorized or created by State law
or by executive order of the Governor, the spouse of the
appointee, or an immediate family member of the appointee
living in the appointee's residence to have or acquire a
contract or have or acquire a direct pecuniary interest in a
contract with the State that relates to the board,
commission, authority, or task force of which he or she is an
appointee during and for one year after the conclusion of the
person's term of office.
(b) If (i) a person subject to subsection (a) is
entitled to receive more than 7 1/2% of the total
distributable income of a partnership, association,
corporation, or other business entity or (ii) a person
subject to subsection (a) together with his or her spouse and
immediate family members living in that person's residence
are entitled to receive more than 15%, in the aggregate, of
the total distributable income of a partnership, association,
corporation, or other business entity then it is unlawful for
that partnership, association, corporation, or other business
entity to have or acquire a contract or a direct pecuniary
interest in a contract prohibited by subsection (a) during
and for one year after the conclusion of the person's term of
office.
Section 90-10. The Election Code is amended by changing
Sections 9-1.5, 9-3, 9-4, 9-8.10, 9-8.15, 9-9.5, 9-10, 9-23,
and 9-27.5 and by adding Sections 9-1.14 and 9-30 as follows:
(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
Sec. 9-1.5. Expenditure defined
"Expenditure" means-
(1) a payment, distribution, purchase, loan,
advance, deposit, or gift of money or anything of value,
in connection with the nomination for election, or
election, of any person to public office, in connection
with the election of any person as ward or township
committeeman in counties of 3,000,000 or more population,
or in connection with any question of public policy.
"Expenditure" also includes a payment, distribution,
purchase, loan, advance, deposit, or gift of money or
anything of value that constitutes an electioneering
communication regardless of whether the communication is
made in concert or cooperation with or at the request,
suggestion, or knowledge of the candidate, the
candidate's authorized local political committee, a State
political committee, or any of their agents. However,
expenditure does not include -
(a) the use of real or personal property and the
cost of invitations, food, and beverages, voluntarily
provided by an individual in rendering voluntary personal
services on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in
a reporting period;
(b) the sale of any food or beverage by a vendor
for use in a candidate's campaign at a charge less than
the normal comparable charge, if such charge for use in a
candidate's campaign is at least equal to the cost of
such food or beverage to the vendor.
(2) a transfer of funds between political committees.
(Source: P.A. 89-405, eff. 11-8-95.)
(10 ILCS 5/9-1.14 new)
Sec. 9-1.14. Electioneering communication defined.
(a) "Electioneering communication" means, for the
purposes of this Article, any form of communication, in
whatever medium, including but not limited to, newspaper,
radio, television, or Internet communications, that refers to
a clearly identified candidate, candidates, or political
party and is made within (i) 60 days before a general
election for the office sought by the candidate or (ii) 30
days before a general primary election for the office sought
by the candidate.
(b) "Electioneering communication" does not include:
(1) A communication, other than an advertisement,
appearing in a news story, commentary, or editorial
distributed through the facilities of any legitimate news
organization, unless the facilities are owned or
controlled by any political party, political committee,
or candidate.
(2) A communication made solely to promote a
candidate debate or forum that is made by or on behalf of
the person sponsoring the debate or forum.
(3) A communication made as part of a non-partisan
activity designed to encourage individuals to vote or to
register to vote.
(4) A communication by an organization operating
and remaining in good standing under Section 501(c)(3) of
the Internal Revenue Code of 1986.
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Every state political committee and every
local political committee shall file with the State Board of
Elections, and every local political committee shall file
with the county clerk, a statement of organization within 10
business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 5
business days. A political committee that acts as both a
state political committee and a local political committee
shall file a copy of each statement of organization with the
State Board of Elections and the county clerk. The Board
shall impose a civil penalty of $25 per business day upon
political committees for failing to file or late filing of a
statement of organization, except that for committees formed
to support candidates for statewide office, the civil penalty
shall be $50 per business day. Such penalties shall not
exceed $5,000, and shall not exceed $10,000 for statewide
office political committees. There shall be no fine if the
statement is mailed and postmarked at least 72 hours prior to
the filing deadline.
In addition to the civil penalties authorized by this
Section, the State Board of Elections or any other affected
political committee may apply to the circuit court for a
temporary restraining order or a preliminary or permanent
injunction against the political committee to cease the
expenditure of funds and to cease operations until the
statement of organization is filed.
For the purpose of this Section, "statewide office" means
the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
The statement of organization shall include -
(a) the name and address of the political committee (the
name of the political committee must include the name of any
sponsoring entity);
(b) the scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee;
(c) the name, address, and position of each custodian of
the committee's books and accounts;
(d) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(e) (Blank);
(f) a statement of what specific disposition of residual
fund will be made in the event of the dissolution or
termination of the committee;
(g) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
(h) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
For purposes of this Section, a "sponsoring entity" is
(i) any person, political committee, organization,
corporation, or association that contributes at least 33% of
the total funding of the political committee or (ii) any
person or other entity that is registered or is required to
register under the Lobbyist Registration Act and contributes
at least 33% of the total funding of the political committee.
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
(10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
Sec. 9-4. The statement of organization required by this
Article to be filed in accordance with Section 9-3 shall be
verified, dated, and signed by either the treasurer of the
political committee making the statement or the candidate on
whose behalf the statement is made, and shall contain
substantially the following:
STATEMENT OF ORGANIZATION
(a) name and address of the political committee:
.............................................................
(b) scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee:
.............................................................
.............................................................
.............................................................
.............................................................
(c) name, address, and position of each custodian of the
committee's books and accounts:
.............................................................
.............................................................
(d) name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any:
.............................................................
.............................................................
.............................................................
(e) a statement of what specific disposition of
residual funds will be made in the event of the dissolution
or termination of the committee:
.............................................................
.............................................................
(f) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee:
.............................................................
.............................................................
(g) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization:
.............................................................
VERIFICATION:
"I declare that this statement of organization (including
any accompanying schedules and statements) has been examined
by me and to the best of my knowledge and belief is a true,
correct and complete statement of organization as required by
Article 9 of The Election Code. I understand that the penalty
for willfully filing a false or incomplete statement is a
business offense subject to a fine of at least $1,001 and up
to $5,000 shall be a fine not to exceed $500 or imprisonment
in a penal institution other than the penitentiary not to
exceed 6 months, or both fine and imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other
reporting organization funds.
(a) A political committee, or organization subject to
Section 9-7.5, shall not make expenditures:
(1) In violation of any law of the United States or
of this State.
(2) Clearly in excess of the fair market value of
the services, materials, facilities, or other things of
value received in exchange.
(3) For satisfaction or repayment of any debts
other than loans made to the committee or to the public
official or candidate on behalf of the committee or
repayment of goods and services purchased by the
committee under a credit agreement. Nothing in this
Section authorizes the use of campaign funds to repay
personal loans. The repayments shall be made by check
written to the person who made the loan or credit
agreement. The terms and conditions of any loan or
credit agreement to a committee shall be set forth in a
written agreement, including but not limited to the
method and amount of repayment, that shall be executed by
the chairman or treasurer of the committee at the time of
the loan or credit agreement. The loan or agreement
shall also set forth the rate of interest for the loan,
if any, which may not substantially exceed the prevailing
market interest rate at the time the agreement is
executed.
(4) For the satisfaction or repayment of any debts
or for the payment of any expenses relating to a personal
residence. Campaign funds may not be used as collateral
for home mortgages.
(5) For clothing or personal laundry expenses,
except clothing items rented by the public official or
candidate for his or her own use exclusively for a
specific campaign-related event, provided that committees
may purchase costumes, novelty items, or other
accessories worn primarily to advertise the candidacy.
(6) For the travel expenses of any person unless
the travel is necessary for fulfillment of political,
governmental, or public policy duties, activities, or
purposes.
(7) For membership or club dues charged by
organizations, clubs, or facilities that are primarily
engaged in providing health, exercise, or recreational
services; provided, however, that funds received under
this Article may be used to rent the clubs or facilities
for a specific campaign-related event.
(8) In payment for anything of value or for
reimbursement of any expenditure for which any person has
been reimbursed by the State or any person. For purposes
of this item (8), a per diem allowance is not a
reimbursement.
(9) For the purchase of or installment payment for
a motor vehicle unless the political committee can
demonstrate that purchase of a motor vehicle is more
cost-effective than leasing a motor vehicle as permitted
under this item (9). A political committee may lease or
purchase and insure, maintain, and repair a motor vehicle
if the vehicle will be used primarily for campaign
purposes or for the performance of governmental duties.
A committee shall not make expenditures for use of the
vehicle for non-campaign or non-governmental purposes.
Persons using vehicles not purchased or leased by a
political committee may be reimbursed for actual mileage
for the use of the vehicle for campaign purposes or for
the performance of governmental duties. The mileage
reimbursements shall be made at a rate not to exceed the
standard mileage rate method for computation of business
expenses under the Internal Revenue Code.
(10) Directly for an individual's tuition or other
educational expenses, except for governmental or
political purposes directly related to a candidate's or
public official's duties and responsibilities.
(11) For payments to a public official or candidate
or his or her family member unless for compensation for
services actually rendered by that person. The provisions
of this item (11) do not apply to expenditures by a
political committee in an aggregate amount not exceeding
the amount of funds reported to and certified by the
State Board or county clerk as available as of June 30,
1998, in the semi-annual report of contributions and
expenditures filed by the political committee for the
period concluding June 30, 1998.
(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions of this Section. The Board may levy a fine on any
person who knowingly makes expenditures in violation of this
Section and on any person who knowingly makes a malicious and
false accusation of a violation of this Section. The Board
may act under this subsection only upon the affirmative vote
of at least 5 of its members. The fine shall not exceed $500
for each expenditure of $500 or less and shall not exceed the
amount of the expenditure plus $500 for each expenditure
greater than $500. The Board shall also have the authority
to render rulings and issue opinions relating to compliance
with this Section.
(c) Nothing in this Section prohibits the expenditure of
funds of (i) a political committee controlled by an
officeholder or by a candidate or (ii) an organization
subject to Section 9-7.5 to defray the ordinary and necessary
expenses of an officeholder in connection with the
performance of governmental duties. For the purposes of this
subsection, "ordinary and necessary expenses" include, but
are not limited to, expenses in relation to the operation of
the district office of a member of the General Assembly.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-8.15)
Sec. 9-8.15. Contributions on State property. In
addition to any other provision of this Code, the
solicitation, acceptance, offer, and making of contributions
on State property by public officials, State employees,
candidates for elective office, and others are subject to the
State Officials and Employees Ethics Act. If a political
committee receives and retains a contribution that is in
violation of Section 5-35 of the State Officials and
Employees Ethics Act, then the State Board may impose a civil
penalty upon that political committee in an amount equal to
100% of that contribution. Contributions shall not be
knowingly offered or accepted on a face-to-face basis by
public officials or employees or by candidates on State
property except as provided in this Section.
Contributions may be solicited, offered, or accepted on
State property on a face-to-face basis by public officials or
employees or by candidates at a fundraising event for which
the State property is leased or rented.
Anyone who knowingly offers or accepts contributions on
State property in violation of this Section is guilty of a
business offense subject to a fine of $5,000, except that for
contributions offered or accepted for State officers and
candidates and political committees formed for statewide
office, the fine shall not exceed $10,000. For the purpose
of this Section, "statewide office" and "State officer" means
the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications
Disclosure on political literature. Any political committee,
organized under the Election Code, that makes an expenditure
for a pamphlet, circular, handbill, radio, television, or
print advertisement, or other communication directed at
voters and mentioning the name of a candidate in the next
upcoming election shall ensure that the name of the political
committee paying for any part of the communication,
including, but not limited to, its preparation and
distribution, is identified clearly within the communication
as the payor. This Section does not apply to items that are
too small to contain the required disclosure. Any pamphlet,
circular, handbill, advertisement, or other political
literature that supports or opposes any public official,
candidate for public office, or question of public policy, or
that would have the effect of supporting or opposing any
public official, candidate for public office, or question of
public policy, shall contain the name of the individual or
organization that authorized, caused to be authorized, paid
for, caused to be paid for, or distributed the pamphlet,
circular, handbill, advertisement, or other political
literature. If the individual or organization includes an
address, it must be an actual personal or business address of
the individual or business address of the organization.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Financial reports.
(a) The treasurer of every state political committee and
the treasurer of every local political committee shall file
with the Board, and the treasurer of every local political
committee shall file with the county clerk, reports of
campaign contributions, and semi-annual reports of campaign
contributions and expenditures on forms to be prescribed or
approved by the Board. The treasurer of every political
committee that acts as both a state political committee and a
local political committee shall file a copy of each report
with the State Board of Elections and the county clerk.
Entities subject to Section 9-7.5 shall file reports required
by that Section at times provided in this Section and are
subject to the penalties provided in this Section.
(b) Reports of campaign contributions shall be filed no
later than the 15th day next preceding each election
including a primary election in connection with which the
political committee has accepted or is accepting
contributions or has made or is making expenditures. Such
reports shall be complete as of the 30th day next preceding
each election including a primary election. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer. However, a continuing
political committee that neither accepts contributions nor
makes expenditures on behalf of or in opposition to any
candidate or public question on the ballot at an election
shall not be required to file the reports heretofore
prescribed but may file in lieu thereof a Statement of
Nonparticipation in the Election with the Board or the Board
and the county clerk.
(b-5) Notwithstanding the provisions of subsection (b)
and Section 1.25 of the Statute on Statutes, any contribution
of more than $500 or more received in the interim between the
last date of the period covered by the last report filed
under subsection (b) prior to the election and the date of
the election shall be filed with and must actually be
received by the State Board of Elections reported within 2
business days after its receipt of such contribution. The
State Board shall allow filings of reports of contributions
of more than $500 under this subsection (b-5) by political
committees that are not required to file electronically to be
made by facsimile transmission. For the purpose of this
subsection, a contribution is considered received on the date
the public official, candidate, or political committee (or
equivalent person in the case of a reporting entity other
than a political committee) actually receives it or, in the
case of goods or services, 2 business days after the date the
public official, candidate, committee, or other reporting
entity receives the certification required under subsection
(b) of Section 9-6. Failure to report each contribution is a
separate violation of this subsection. In the final
disposition of any matter by the Board on or after the
effective date of this amendatory Act of the 93rd General
Assembly, the Board may shall impose fines for violations of
this subsection not to exceed 100% of the total amount of the
contributions that were untimely reported, but in no case
when a fine is imposed shall it be less than 10% of the total
amount of the contributions that were untimely reported. When
considering the amount of the fine to be imposed, the Board
shall consider, but is not limited to, the following factors:
(1) whether in the Board's opinion the violation
was committed inadvertently, negligently, knowingly, or
intentionally;
(2) the number of days the contribution was
reported late; and
(3) past violations of Sections 9-3 and 9-10 of
this Article by the committee. as follows:
(1) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each $5,000 or less, then $100 per business day for the
first violation, $200 per business day for the second
violation, and $300 per business day for the third and
subsequent violations.
(2) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each more than $5,000, then $200 per business day for the
first violation, $400 per business day for the second
violation, and $600 per business day for the third and
subsequent violations.
(c) In addition to such reports the treasurer of every
political committee shall file semi-annual reports of
campaign contributions and expenditures no later than July
31st, covering the period from January 1st through June 30th
immediately preceding, and no later than January 31st,
covering the period from July 1st through December 31st of
the preceding calendar year. Reports of contributions and
expenditures must be filed to cover the prescribed time
periods even though no contributions or expenditures may have
been received or made during the period. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
(d) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a
period of two years from the date of filing.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
has issued an order, or has approved a written stipulation,
agreed settlement or consent order, directing a person
determined by the Board to be in violation of any provision
of this Article or any regulation adopted thereunder, to
cease or correct such violation or otherwise comply with this
Article and such person fails or refuses to comply with such
order, stipulation, settlement or consent order within the
time specified by the Board, the Board, after affording
notice and an opportunity for a public hearing, may impose a
civil penalty on such person in an amount not to exceed
$5,000; except that for State officers and candidates and
political committees formed for statewide office, the civil
penalty may not exceed $10,000. For the purpose of this
Section, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
Civil penalties imposed on any such person by the Board
shall be enforceable in the Circuit Court. The Board shall
petition the Court for an order to enforce collection of the
penalty and, if the Court finds it has jurisdiction over the
person against whom the penalty was imposed, the Court shall
issue the appropriate order. Any civil penalties collected
by the Court shall be forwarded to the State Treasurer.
In addition to or in lieu of the imposition of a civil
penalty, the board may report such violation and the failure
or refusal to comply with the order of the Board to the
Attorney General and the appropriate State's Attorney.
The name of a person who has not paid a civil penalty
imposed against him or her under this Section shall not
appear upon any ballot for any office in any election while
the penalty is unpaid.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-27.5)
Sec. 9-27.5. Fundraising in Sangamon County within 50
miles of Springfield. In addition to any other provision of
this Code, fundraising events in Sangamon County by certain
executive branch officers and candidates, legislative branch
members and candidates, political caucuses, and political
committees are subject to the State Officials and Employees
Ethics Act. If a political committee receives and retains a
contribution that is in violation of Section 5-40 of the
State Officials and Employees Ethics Act, then the State
Board may impose a civil penalty upon that political
committee in an amount equal to 100% of that contribution.
Except as provided in this Section, any executive branch
constitutional officer, any candidate for an executive branch
constitutional office, any member of the General Assembly,
any candidate for the General Assembly, any political caucus
of the General Assembly, or any political committee on behalf
of any of the foregoing may not hold a fundraising function
in or within 50 miles of Springfield on any day the
legislature is in session (i) during the period beginning 90
days before the later of the dates scheduled by either house
of the General Assembly for the adjournment of the spring
session and ending on the later of the actual adjournment
dates of either house of the spring session and (ii) during
fall veto session. For purposes of this Section, the
legislature is not considered to be in session on a day that
is solely a perfunctory session day or on a day when only a
committee is meeting.
This Section does not apply to members and political
committees of members of the General Assembly whose districts
are located, in whole or in part, in or within 50 miles of
Springfield and candidates and political committees of
candidates for the General Assembly from districts located,
in whole or in part, in or within 50 miles of Springfield,
provided that the fundraising function takes place within the
member's or candidate's district.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-30 new)
Sec. 9-30. Ballot forfeiture. The name of a person who
has not paid a civil penalty imposed against him or her under
this Article shall not appear upon any ballot for any office
in any election while the penalty is unpaid.
Section 90-11. The Personnel Code is amended by changing
Section 8b.6 as follows:
(20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
Sec. 8b.6. For a period of probation not to exceed one
year before appointment or promotion is complete, and during
which period a probationer may with the consent of the
Director of Central Management Services, be discharged or
reduced in class or rank, or replaced on the eligible list.
For a person appointed to a term appointment under Section
8b.18 or 8b.19, the period of probation shall not be less
than 6 months.
(Source: P.A. 82-789.)
Section 90-12. The General Assembly Operations Act is
amended by changing Sections 4 and 5 as follows:
(25 ILCS 10/4) (from Ch. 63, par. 23.4)
Sec. 4. Senate Operations Commission.
(a) There is created a Senate Operations Commission to
consist of the following: The President of the Senate, 3
Assistant Majority Leaders, the Minority Leader, one
Assistant Minority Leader, and one member of the Senate
appointed by the President of the Senate. The Senate
Operations Commission shall have the following powers and
duties: Commission shall have responsibility for the
operation of the Senate in relation to the Senate Chambers,
Senate offices, committee rooms and all other rooms and
physical facilities used by the Senate, all equipment,
furniture, and supplies used by the Senate. The Commission
shall have the authority to hire all professional staff and
employees necessary for the proper operation of the Senate
and authority to receive and expend appropriations for the
purposes set forth in this Act whether the General Assembly
be in session or not. Professional staff and employees may be
employed as full-time employees, part-time employees, or
contractual employees. The Secretary of the Senate shall
serve as Secretary and Administrative Officer of the
Commission. Pursuant to the policies and direction of the
Commission, he shall have direct supervision of all
equipment, furniture, and supplies used by the Senate.
(b) The Senate Operations Commission shall adopt and
implement personnel policies for professional staff and
employees under its jurisdiction and control as required by
the State Officials and Employees Ethics Act.
(Source: P.A. 78-7.)
(25 ILCS 10/5) (from Ch. 63, par. 23.5)
Sec. 5. Speaker of the House; operations, employees, and
expenditures.
(a) The Speaker of the House of Representatives shall
have responsibility for the operation of the House in
relation to the House Chambers, House offices, committee
rooms and all other rooms and physical facilities used by the
House, all equipment, furniture, and supplies used by the
House. The Speaker of the House of Representatives shall have
the authority to hire all professional staff and employees
necessary for the proper operation of the House. Professional
staff and employees may be employed as full-time employees,
part-time employees, or contractual employees. The Speaker of
the House of Representatives shall have the authority to
receive and expend appropriations for the purposes set forth
in this Act whether the General Assembly be in session or
not.
(b) The Speaker of the House of Representatives shall
adopt and implement personnel policies for professional staff
and employees under his or her jurisdiction and control as
required by the State Officials and Employees Ethics Act.
(Source: Laws 1967, p. 1214.)
Section 90-15. The General Assembly Compensation Act is
amended by changing Section 4 as follows:
(25 ILCS 115/4) (from Ch. 63, par. 15.1)
Sec. 4. Office allowance. Beginning July 1, 2001, each
member of the House of Representatives is authorized to
approve the expenditure of not more than $61,000 per year and
each member of the Senate is authorized to approve the
expenditure of not more than $73,000 per year to pay for
"personal services", "contractual services", "commodities",
"printing", "travel", "operation of automotive equipment",
"telecommunications services", as defined in the State
Finance Act, and the compensation of one or more legislative
assistants authorized pursuant to this Section, in connection
with his or her legislative duties and not in connection with
any political campaign. On July 1, 2002 and on July 1 of each
year thereafter, the amount authorized per year under this
Section for each member of the Senate and each member of the
House of Representatives shall be increased by a percentage
increase equivalent to the lesser of (i) the increase in the
designated cost of living index or (ii) 5%. The designated
cost of living index is the index known as the "Employment
Cost Index, Wages and Salaries, By Occupation and Industry
Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the calendar
year immediately preceding the year of the respective July
1st increase date. The increase shall be added to the then
current amount, and the adjusted amount so determined shall
be the annual amount beginning July 1 of the increase year
until July 1 of the next year. No increase under this
provision shall be less than zero.
A member may purchase office equipment if the member
certifies to the Secretary of the Senate or the Clerk of the
House, as applicable, that the purchase price, whether paid
in lump sum or installments, amounts to less than would be
charged for renting or leasing the equipment over its
anticipated useful life. All such equipment must be
purchased through the Secretary of the Senate or the Clerk of
the House, as applicable, for proper identification and
verification of purchase.
Each member of the General Assembly is authorized to
employ one or more legislative assistants, who shall be
solely under the direction and control of that member, for
the purpose of assisting the member in the performance of his
or her official duties. A legislative assistant may be
employed pursuant to this Section as a full-time employee,
part-time employee, or contractual employee either under
contract or as a State employee, at the discretion of the
member. If employed as a State employee, a legislative
assistant shall receive employment benefits on the same terms
and conditions that apply to other employees of the General
Assembly. Each member shall adopt and implement personnel
policies for legislative assistants under his or her
direction and control relating to work time requirements,
documentation for reimbursement for travel on official State
business, compensation, and the earning and accrual of State
benefits for those legislative assistants who may be eligible
to receive those benefits. The policies shall also require
legislative assistants to periodically submit time sheets
documenting, in quarter-hour increments, the time spent each
day on official State business. The policies shall require
the time sheets to be submitted on paper, electronically, or
both and to be maintained in either paper or electronic
format by the applicable fiscal office for a period of at
least 2 years. Contractual employees may satisfy the time
sheets requirement by complying with the terms of their
contract, which shall provide for a means of compliance with
this requirement. A member may satisfy the requirements of
this paragraph by adopting and implementing the personnel
policies promulgated by that member's legislative leader
under the State Officials and Employees Ethics Act with
respect to that member's legislative assistants.
As used in this Section the term "personal services"
shall include contributions of the State under the Federal
Insurance Contribution Act and under Article 14 of the
Illinois Pension Code. As used in this Section the term
"contractual services" shall not include improvements to real
property unless those improvements are the obligation of the
lessee under the lease agreement. Beginning July 1, 1989, as
used in the Section, the term "travel" shall be limited to
travel in connection with a member's legislative duties and
not in connection with any political campaign. Beginning on
the effective date of this amendatory Act of the 93rd General
Assembly July 1, 1989, as used in this Section, the term
"printing" includes, but is not limited to, newsletters,
brochures, certificates, congratulatory mailings, including
but not limited to greeting or welcome messages, anniversary
or birthday cards, and congratulations for prominent
achievement cards. As used in this Section, the term
"printing" includes fees for non-substantive resolutions
charged by the Clerk of the House of Representatives under
subsection (c-5) of Section 1 of the Legislative Materials
Act. No newsletter or brochure that is paid for, in whole or
in part, with funds provided under this Section may be
printed or mailed during a period beginning February 1 of the
year of a general primary election and ending the day after
the general primary election and during a period beginning
September 1 of the year of a general election and ending the
day after the general election. Nothing in this Section shall
be construed to authorize expenditures for lodging and meals
while a member is in attendance at sessions of the General
Assembly.
Any utility bill for service provided to a member's
district office for a period including portions of 2
consecutive fiscal years may be paid from funds appropriated
for such expenditure in either fiscal year.
If a vacancy occurs in the office of Senator or
Representative in the General Assembly, any office equipment
in the possession of the vacating member shall transfer to
the member's successor; if the successor does not want such
equipment, it shall be transferred to the Secretary of the
Senate or Clerk of the House of Representatives, as the case
may be, and if not wanted by other members of the General
Assembly then to the Department of Central Management
Services for treatment as surplus property under the State
Property Control Act. Each member, on or before June 30th of
each year, shall conduct an inventory of all equipment
purchased pursuant to this Act. Such inventory shall be
filed with the Secretary of the Senate or the Clerk of the
House, as the case may be. Whenever a vacancy occurs, the
Secretary of the Senate or the Clerk of the House, as the
case may be, shall conduct an inventory of equipment
purchased.
In the event that a member leaves office during his or
her term, any unexpended or unobligated portion of the
allowance granted under this Section shall lapse. The
vacating member's successor shall be granted an allowance in
an amount, rounded to the nearest dollar, computed by
dividing the annual allowance by 365 and multiplying the
quotient by the number of days remaining in the fiscal year.
From any appropriation for the purposes of this Section
for a fiscal year which overlaps 2 General Assemblies, no
more than 1/2 of the annual allowance per member may be spent
or encumbered by any member of either the outgoing or
incoming General Assembly, except that any member of the
incoming General Assembly who was a member of the outgoing
General Assembly may encumber or spend any portion of his
annual allowance within the fiscal year.
The appropriation for the annual allowances permitted by
this Section shall be included in an appropriation to the
President of the Senate and to the Speaker of the House of
Representatives for their respective members. The President
of the Senate and the Speaker of the House shall voucher for
payment individual members' expenditures from their annual
office allowances to the State Comptroller, subject to the
authority of the Comptroller under Section 9 of the State
Comptroller Act.
(Source: P.A. 90-569, eff. 1-28-98; 91-952, eff. 7-1-01.)
Section 90-20. The Legislative Commission Reorganization
Act of 1984 is amended by adding Section 9-2.5 as follows:
(25 ILCS 130/9-2.5 new)
Sec. 9-2.5. Newsletters and brochures. The Legislative
Printing Unit may not print for any member of the General
Assembly any newsletters or brochures during the period
beginning February 1 of the year of a general primary
election and ending the day after the general primary
election and during a period beginning September 1 of the
year of a general election and ending the day after the
general election. A member of the General Assembly may not
mail, during a period beginning February 1 of the year of a
general primary election and ending the day after the general
primary election and during a period beginning September 1 of
the year of a general election and ending the day after the
general election, any newsletters or brochures that were
printed, at any time, by the Legislative Printing Unit.
Section 90-25. The General Assembly Staff Assistants Act
is amended by changing Sections 1a and 2 as follows:
(25 ILCS 160/1a) (from Ch. 63, par. 131.1)
Sec. 1a. Staff assistants; employment; allocation. There
shall be such staff assistants for the General Assembly as
necessary. Staff assistants may be employed as full-time
employees, part-time employees, or contractual employees. Of
the staff assistants so provided, one half the total number
shall be for the Senate and one half for the House of
Representatives. Of the assistants provided for the Senate,
one half shall be designated by the President and one half by
the minority leader. Of the assistants provided for the House
of Representatives, one half shall be designated by the
Speaker and one half by the minority leader.
(Source: P.A. 78-4.)
(25 ILCS 160/2) (from Ch. 63, par. 132)
Sec. 2. Staff assistants; assignments.
(a) During the period the General Assembly is in
session, the staff assistants shall be assigned by the
legislative leadership of the respective parties to perform
research and render other assistance to the members of that
party on such committees as may be designated.
(b) During the period when the General Assembly is not
in session, the staff assistants shall perform such services
as may be assigned by the President and Minority Leader of
the Senate and the Speaker and Minority Leader of the House
of Representatives party leadership.
(c) The President and Minority Leader of the Senate and
the Speaker and Minority Leader of the House of
Representatives shall each adopt and implement personnel
policies for staff assistants under their respective
jurisdiction and control as required by the State Officials
and Employees Ethics Act.
(Source: Laws 1967, p. 280.)
Section 90-30. The Lobbyist Registration Act is amended
by adding Section 3.1 and changing Sections 3, 5, 6, 6.5, and
7 as follows:
(25 ILCS 170/3) (from Ch. 63, par. 173)
Sec. 3. Persons required to register.
(a) Except as provided in Sections 4 and 9, the
following persons shall register with the Secretary of State
as provided herein:
(1) Any person who, for compensation or otherwise,
either individually or as an employee or contractual
employee of another person, undertakes to influence
executive, legislative or administrative action.
(2) Any person who employs another person for the
purposes of influencing executive, legislative or
administrative action.
(b) It is a violation of this Act to engage in lobbying
or to employ any person for the purpose of lobbying who is
not registered with the Office of the Secretary of State,
except upon condition that the person register and the person
does in fact register within 2 business days after being
employed or retained for lobbying services 10 working days of
an agreement to conduct any lobbying activity.
(Source: P.A. 88-187.)
(25 ILCS 170/3.1 new)
Sec. 3.1. Prohibition on serving on boards and
commissions. Notwithstanding any other law of this State, a
person required to be registered under this Act may not serve
on a board, commission, authority, or task force authorized
or created by State law or by executive order of the
Governor; except that this restriction does not apply to any
of the following:
(1) a registered lobbyist serving in an elective
public office, whether elected or appointed to fill a
vacancy; and
(2) a registered lobbyist serving on a State
advisory body that makes nonbinding recommendations to an
agency of State government but does not make binding
recommendations or determinations or take any other
substantive action.
(25 ILCS 170/5) (from Ch. 63, par. 175)
Sec. 5. Lobbyist registration and disclosure. Every
person required to register under Section 3 shall each and
every year, or before any such service is performed which
requires the person to register, but in any event not later
than 2 business days after being employed or retained, and on
or before each January 31 and July 31 thereafter, file in the
Office of the Secretary of State a written statement
containing the following information with respect to each
person or entity employing or retaining the person required
to register:
(a) The registrant's name, and permanent address,
e-mail address, if any, fax number, if any, business
telephone number, and temporary address, if the
registrant has a temporary address while lobbying of the
registrant.
(a-5) If the registrant is an organization or
business entity, the information required under
subsection (a) for each person associated with the
registrant who will be lobbying, regardless of whether
lobbying is a significant part of his or her duties.
(b) The name and address of the person or persons
employing or retaining registrant to perform such
services or on whose behalf the registrant appears.
(c) A brief description of the executive,
legislative, or administrative action in reference to
which such service is to be rendered.
(c-5) Each executive and legislative branch agency
the registrant expects to lobby during the registration
period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply:
(1) banking and financial services, (2) manufacturing,
(3) education, (4) environment, (5) healthcare, (6)
insurance, (7) community interests, (8) labor, (9) public
relations or advertising, (10) marketing or sales, (11)
hospitality, (12) engineering, (13) information or
technology products or services, (14) social services,
(15) public utilities, (16) racing or wagering, (17) real
estate or construction, (18) telecommunications, (19)
trade or professional association, (20) travel or
tourism, (21) transportation, and (22) other (setting
forth the nature of that other business).
The registrant must file an amendment to the statement
within 14 calendar days to report any substantial change or
addition to the information previously filed, except that a
registrant must file an amendment to the statement to
disclose a new agreement to retain the registrant for
lobbying services before any service is performed which
requires the person to register, but in any event not later
than 2 business days after entering into the retainer
agreement.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as the Secretary of State has provided adequate
software to the persons required to file, all statements and
amendments to statements required to be filed shall be filed
electronically. The Secretary of State shall promptly make
all filed statements and amendments to statements publicly
available by means of a searchable database that is
accessible through the World Wide Web. The Secretary of State
shall provide all software necessary to comply with this
provision to all persons required to file. The Secretary of
State shall implement a plan to provide computer access and
assistance to persons required to file electronically.
Persons required to register under this Act shall, on an
annual basis, remit a single, annual and nonrefundable $100
$50 registration fee and a picture of the registrant. A
registrant may, in lieu of submitting a picture on an annual
basis, authorize the Secretary of State to use any photo
identification available in any database maintained by the
Secretary of State for other purposes. All fees shall be
deposited into the Lobbyist Registration Administration Fund
for administration and enforcement of this Act. The increase
in the fee from $50 to $100 by this amendatory Act of the
93rd General Assembly is intended to be used to implement and
maintain electronic filing of reports under this Act and is
in addition to any other fee increase enacted by the 93rd or
any subsequent General Assembly.
(Source: P.A. 88-187.)
(25 ILCS 170/6) (from Ch. 63, par. 176)
Sec. 6. Reports.
(a) Except as otherwise provided in this Section, every
person required to register as prescribed in Section 3 shall
report, verified under oath pursuant to Section 1-109 of the
Code of Civil Procedure, to the Secretary of State all
expenditures for lobbying made or incurred by the lobbyist on
his behalf or the behalf of his employer. In the case where
an individual is solely employed by another person to perform
job related functions any part of which includes lobbying,
the employer shall be responsible for reporting all lobbying
expenditures incurred on the employer's behalf as shall be
identified by the lobbyist to the employer preceding such
report. Persons who contract with another person to perform
lobbying activities shall be responsible for reporting all
lobbying expenditures incurred on the employer's behalf. Any
additional lobbying expenses incurred by the employer which
are separate and apart from those incurred by the contractual
employee shall be reported by the employer.
(b) The report shall itemize each individual expenditure
or transaction over $100 and shall include the name of the
official on whose behalf the expenditure was made, the name
of the client on whose behalf the expenditure was made, the
total amount of the expenditure, the date on which the
expenditure occurred and the subject matter of the lobbying
activity, if any.
Expenditures attributable to lobbying officials shall be
listed and reported according to the following categories:
(1) travel and lodging on behalf of others.
(2) meals, beverages and other entertainment.
(3) gifts.
(4) honoraria.
Individual expenditures required to be reported as
described herein which are equal to or less than $100 in
value need not be itemized but are required to be categorized
and reported by officials in an aggregate total in a manner
prescribed by rule of the Secretary of State.
Expenditures incurred for hosting receptions, benefits
and other large gatherings held for purposes of goodwill or
otherwise to influence executive, legislative or
administrative action to which there are 25 or more State
officials invited shall be reported listing only the total
amount of the expenditure, the date of the event, and the
estimated number of officials in attendance.
Each individual expenditure required to be reported shall
include all expenses made for or on behalf of State officials
and members of the immediate family of those persons.
The category travel and lodging includes, but is not
limited to, all travel and living accommodations made for or
on behalf of State officials in the capital during sessions
of the General Assembly.
Reasonable and bona fide expenditures made by the
registrant who is a member of a legislative or State study
commission or committee while attending and participating in
meetings and hearings of such commission or committee need
not be reported.
Reasonable and bona fide expenditures made by the
registrant for personal sustenance, lodging, travel, office
expenses and clerical or support staff need not be reported.
Salaries, fees, and other compensation paid to the
registrant for the purposes of lobbying need not be reported.
Any contributions required to be reported under Article 9
of the Election Code need not be reported.
The report shall include: (1) the name of each State
government entity lobbied; (2) whether the lobbying involved
executive, legislative, or administrative action, or a
combination; (3) the names of the persons who performed the
lobbyist services; and (4) a brief description of the
legislative, executive, or administrative action involved.
Except as otherwise provided in this subsection, gifts
and honoraria returned or reimbursed to the registrant within
30 days of the date of receipt shall need not be reported.
A gift or honorarium returned or reimbursed to the
registrant within 10 days after the official receives a copy
of a report pursuant to Section 6.5 shall not be included in
the final report unless the registrant informed the official,
contemporaneously with the receipt of the gift or honorarium,
that the gift or honorarium is a reportable expenditure
pursuant to this Act.
(c) Reports under this Section shall be filed by July
31, for expenditures from the previous January 1 through the
later of June 30 or the final day of the regular General
Assembly session, and by January 31, for expenditures from
the entire previous calendar year.
Registrants who made no reportable expenditures during a
reporting period shall file a report stating that no
expenditures were incurred. Such reports shall be filed in
accordance with the deadlines as prescribed in this
subsection.
A registrant who terminates employment or duties which
required him to register under this Act shall give the
Secretary of State, within 30 days after the date of such
termination, written notice of such termination and shall
include therewith a report of the expenditures described
herein, covering the period of time since the filing of his
last report to the date of termination of employment. Such
notice and report shall be final and relieve such registrant
of further reporting under this Act, unless and until he
later takes employment or assumes duties requiring him to
again register under this Act.
(d) Failure to file any such report within the time
designated or the reporting of incomplete information shall
constitute a violation of this Act.
A registrant shall preserve for a period of 2 years all
receipts and records used in preparing reports under this
Act.
(e) Within 30 days after a filing deadline, the lobbyist
shall notify each official on whose behalf an expenditure has
been reported. Notification shall include the name of the
registrant, the total amount of the expenditure, the date on
which the expenditure occurred, and the subject matter of the
lobbying activity.
(Source: P.A. 90-78, eff. 1-1-98.)
(25 ILCS 170/6.5)
Sec. 6.5. Response to report by official.
(a) Every person required to register as prescribed in
Section 3 and required to file a report with the Secretary of
State as prescribed in Section 6 shall, at least 25 days
before the deadline for filing the report, provide a copy of
the report to each official listed in the report by first
class mail or hand delivery. An official may, within 10 days
after receiving the copy of the report, provide written
objections to the report by first class mail or hand delivery
to the person required to file the report. If those written
objections conflict with the final report that is filed, the
written objections shall be filed along with the report.
(b) Failure to provide a copy of the report to an
official listed in the report within the time designated in
this Section is a violation of this Act.
(Source: P.A. 90-737, eff. 1-1-99.)
(25 ILCS 170/7) (from Ch. 63, par. 177)
Sec. 7. Duties of the Secretary of State.
It shall be the duty of the Secretary of State to provide
appropriate forms for the registration and reporting of
information required by this Act and to keep such
registrations and reports on file in his office for 3 years
from the date of filing. He shall also provide and maintain a
register with appropriate blanks and indexes so that the
information required in Sections 5 and 6 of this Act may be
accordingly entered. Such records shall be considered public
information and open to public inspection.
A report filed under this Act is due in the Office of the
Secretary of State no later than the close of business on the
date on which it is required to be filed.
Within 10 days after a filing deadline, the Secretary of
State shall notify persons he determines are required to file
but have failed to do so.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as the Secretary of State has provided adequate
software to the persons required to file, all reports
required under this Act shall be filed electronically. The
Secretary of State shall promptly make all filed reports
publicly available by means of a searchable database that is
accessible through the World Wide Web. The Secretary of State
shall provide all software necessary to comply with this
provision to all persons required to file. The Secretary of
State shall implement a plan to provide computer access and
assistance to persons required to file electronically.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, the Secretary of
State shall include registrants' pictures when publishing or
posting on his or her website the information required in
Section 5.
(Source: P.A. 88-187.)
Section 90-35. The Illinois Procurement Code is amended
by changing Sections 50-13 and 50-30 as follows:
(30 ILCS 500/50-13)
Sec. 50-13. Conflicts of interest.
(a) Prohibition. It is unlawful for any person holding
an elective office in this State, holding a seat in the
General Assembly, or appointed to or employed in any of the
offices or agencies of State government and who receives
compensation for such employment in excess of 60% of the
salary of the Governor of the State of Illinois, or who is an
officer or employee of the Capital Development Board or the
Illinois Toll Highway Authority, or who is the spouse or
minor child of any such person to have or acquire any
contract, or any direct pecuniary interest in any contract
therein, whether for stationery, printing, paper, or any
services, materials, or supplies, that will be wholly or
partially satisfied by the payment of funds appropriated by
the General Assembly of the State of Illinois or in any
contract of the Capital Development Board or the Illinois
Toll Highway Authority.
(b) Interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) is entitled to receive (i) more than
7 1/2% of the total distributable income or (ii) an amount in
excess of the salary of the Governor, to have or acquire any
such contract or direct pecuniary interest therein.
(c) Combined interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) together with his or her spouse or
minor children is entitled to receive (i) more than 15%, in
the aggregate, of the total distributable income or (ii) an
amount in excess of 2 times the salary of the Governor, to
have or acquire any such contract or direct pecuniary
interest therein.
(c-5) Appointees and firms. In addition to any
provisions of this Code, the interests of certain appointees
and their firms are subject to Section 3A-35 of the Illinois
Governmental Ethics Act.
(d) Securities. Nothing in this Section invalidates the
provisions of any bond or other security previously offered
or to be offered for sale or sold by or for the State of
Illinois.
(e) Prior interests. This Section does not affect the
validity of any contract made between the State and an
officer or employee of the State or member of the General
Assembly, his or her spouse, minor child, or other immediate
family member living in his or her residence or any
combination of those persons if that contract was in
existence before his or her election or employment as an
officer, member, or employee. The contract is voidable,
however, if it cannot be completed within 365 days after the
officer, member, or employee takes office or is employed.
(f) Exceptions.
(1) Public aid payments. This Section does not
apply to payments made for a public aid recipient.
(2) Teaching. This Section does not apply to a
contract for personal services as a teacher or school
administrator between a member of the General Assembly or
his or her spouse, or a State officer or employee or his
or her spouse, and any school district, public community
college district, the University of Illinois, Southern
Illinois University, Illinois State University, Eastern
Illinois University, Northern Illinois University,
Western Illinois University, Chicago State University,
Governor State University, or Northeastern Illinois
University.
(3) Ministerial duties. This Section does not
apply to a contract for personal services of a wholly
ministerial character, including but not limited to
services as a laborer, clerk, typist, stenographer, page,
bookkeeper, receptionist, or telephone switchboard
operator, made by a spouse or minor child of an elective
or appointive State officer or employee or of a member of
the General Assembly.
(4) Child and family services. This Section does
not apply to payments made to a member of the General
Assembly, a State officer or employee, his or her spouse
or minor child acting as a foster parent, homemaker,
advocate, or volunteer for or in behalf of a child or
family served by the Department of Children and Family
Services.
(5) Licensed professionals. Contracts with licensed
professionals, provided they are competitively bid or
part of a reimbursement program for specific, customary
goods and services through the Department of Children and
Family Services, the Department of Human Services, the
Department of Public Aid, the Department of Public
Health, or the Department on Aging.
(g) Penalty. A person convicted of a violation of this
Section is guilty of a business offense and shall be fined
not less than $1,000 nor more than $5,000.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/50-30)
Sec. 50-30. Revolving door prohibition.
(a) Chief procurement officers, associate procurement
officers, State purchasing officers, their designees whose
principal duties are directly related to State procurement,
and executive officers confirmed by the Senate are expressly
prohibited for a period of 2 years after terminating an
affected position from engaging in any procurement activity
relating to the State agency most recently employing them in
an affected position for a period of at least 6 months. The
prohibition includes but is not limited to: lobbying the
procurement process; specifying; bidding; proposing bid,
proposal, or contract documents; on their own behalf or on
behalf of any firm, partnership, association, or corporation.
This subsection Section applies only to persons who terminate
an affected position on or after January 15, 1999.
(b) In addition to any other provisions of this Code,
employment of former State employees is subject to the State
Officials and Employees Ethics Act.
(Source: P.A. 90-572, eff. 2-6-98.)
Section 90-37. The Raffles Act is amended by changing
Section 8.1 as follows:
(230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
Sec. 8.1. (a) Political Committees. For the purposes of
this Section the terms defined in this subsection have the
meanings given them.
"Net Proceeds" means the gross receipts from the conduct
of raffles, less reasonable sums expended for prizes, license
fees and other reasonable operating expenses incurred as a
result of operating a raffle.
"Raffle" means a form of lottery, as defined in Section
28-2 (b) of the "Criminal Code of 1961", conducted by a
political committee licensed under this Section, in which:
(1) the player pays or agrees to pay something of
value for a chance, represented and differentiated by a
number or by a combination of numbers or by some other
medium, one or more of which chances is to be designated
the winning chance;
(2) the winning chance is to be determined through
a drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of
a publicly exhibited sporting contest.
"Unresolved claim" means a claim for civil penalty under
Sections Section 9-3, 9-10, and 9-23 of The Election Code
which has been begun by the State Board of Elections, has
been disputed by the political committee under the applicable
rules of the State Board of Elections, and has not been
finally decided either by the State Board of Elections, or,
where application for review has been made to the Courts of
Illinois, remains finally undecided by the Courts.
"Owes" means that a political committee has been finally
determined under applicable rules of the State Board of
Elections to be liable for a civil penalty under Sections
Section 9-3, 9-10, and 9-23 of The Election Code.
(b) (1) Licenses issued pursuant to this Section shall
be valid for one raffle or for a specified number of raffles
to be conducted during a specified period not to exceed one
year and may be suspended or revoked for any violation of
this Section. The State Board of Elections shall act on a
license application within 30 days from the date of
application.
(2) Licenses shall be issued only to political
committees which have been in existence continuously for
a period of 1 year immediately before making application
for a license and which have had during that entire 1
year period a bona fide membership engaged in carrying
out their objects.
(c) Licenses issued by the State Board of Elections are
subject to the following restrictions:
(1) No political committee shall conduct raffles or
chances without having first obtained a license therefor
pursuant to this Section.
(2) The application for license shall be prepared
in accordance with regulations of the State Board of
Elections and must specify the area or areas within the
State in which raffle chances will be sold or issued, the
time period during which raffle chances will be sold or
issued, the time of determination of winning chances and
the location or locations at which winning chances will
be determined.
(3) A license authorizes the licensee to conduct
raffles as defined in this Section.
The following are ineligible for any license under this
Section:
(i) any political committee which has an
officer who has been convicted of a felony;
(ii) any political committee which has an
officer who is or has been a professional gambler or
gambling promoter;
(iii) any political committee which has an
officer who is not of good moral character;
(iv) any political committee which has an
officer who is also an officer of a firm or
corporation in which a person defined in (i), (ii)
or (iii) has a proprietary, equitable or credit
interest, or in which such a person is active or
employed;
(v) any political committee in which a person
defined in (i), (ii) or (iii) is an officer,
director, or employee, whether compensated or not;
(vi) any political committee in which a person
defined in (i), (ii) or (iii) is to participate in
the management or operation of a raffle as defined
in this Section;
(vii) any committee which, at the time of its
application for a license to conduct a raffle, owes
the State Board of Elections any unpaid civil
penalty authorized by Sections Section 9-3, 9-10,
and 9-23 of The Election Code, or is the subject of
an unresolved claim for a civil penalty under
Sections Section 9-3, 9-10, and 9-23 of The Election
Code;
(viii) any political committee which, at the
time of its application to conduct a raffle, has not
submitted any report or document required to be
filed by Article 9 of The Election Code and such
report or document is more than 10 days overdue.
(d) (1) The conducting of raffles is subject to the
following restrictions:
(i) The entire net proceeds of any raffle must
be exclusively devoted to the lawful purposes of the
political committee permitted to conduct that game.
(ii) No person except a bona fide member of
the political committee may participate in the
management or operation of the raffle.
(iii) No person may receive any remuneration
or profit for participating in the management or
operation of the raffle.
(iv) Raffle chances may be sold or issued only
within the area specified on the license and winning
chances may be determined only at those locations
specified on the license.
(v) A person under the age of 18 years may
participate in the conducting of raffles or chances
only with the permission of a parent or guardian. A
person under the age of 18 years may be within the
area where winning chances are being determined only
when accompanied by his parent or guardian.
(2) If a lessor rents premises where a winning
chance or chances on a raffle are determined, the lessor
shall not be criminally liable if the person who uses the
premises for the determining of winning chances does not
hold a license issued under the provisions of this
Section.
(e) (1) Each political committee licensed to conduct
raffles and chances shall keep records of its gross
receipts, expenses and net proceeds for each single
gathering or occasion at which winning chances are
determined. All deductions from gross receipts for each
single gathering or occasion shall be documented with
receipts or other records indicating the amount, a
description of the purchased item or service or other
reason for the deduction, and the recipient. The
distribution of net proceeds shall be itemized as to
payee, purpose, amount and date of payment.
(2) Each political committee licensed to conduct
raffles shall report on the next report due to be filed
under Article 9 of The Election Code its gross receipts,
expenses and net proceeds from raffles, and the
distribution of net proceeds itemized as required in this
subsection.
Such reports shall be included in the regular reports
required of political committees by Article 9 of The Election
Code.
(3) Records required by this subsection shall be
preserved for 3 years, and political committees shall
make available their records relating to operation of
raffles for public inspection at reasonable times and
places.
(f) Violation of any provision of this Section is a
Class C misdemeanor.
(g) Nothing in this Section shall be construed to
authorize the conducting or operating of any gambling scheme,
enterprise, activity or device other than raffles as provided
for herein.
(Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)
Section 90-40. The State Lawsuit Immunity Act is amended
by changing Section 1 as follows:
(745 ILCS 5/1) (from Ch. 127, par. 801)
Sec. 1. Except as provided in the "Illinois Public Labor
Relations Act", enacted by the 83rd General Assembly, or
except as provided in "AN ACT to create the Court of Claims
Act, and the State Officials and Employees Ethics Act to
prescribe its powers and duties, and to repeal AN ACT herein
named", filed July 17, 1945, as amended, the State of
Illinois shall not be made a defendant or party in any court.
(Source: P.A. 83-1012.)
ARTICLE 99
MISCELLANEOUS PROVISIONS
Section 99-5. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99-99. Effective date. This Act takes effect
upon becoming law.