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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0186 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED:
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| 5 ILCS 430/1-5 | | 5 ILCS 430/5-47 new | | 5 ILCS 430/50-5 | |
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Amends the State Officials and Employees Ethics Act. Provides that no former officer, former member, or former State employee and no employee or immediate family member of a former officer, former member, or former State employee shall engage in lobbying for a period of 2 years after the last day of the most recent term of office to which the former officer was elected or, if not elected, for a period of 2 years after the former officer, former member, or former State employee ended his or her employment with the State. Makes a violation of these requirements a Class 4 felony. Authorizes the imposition of a fine in an amount equal to the total amount of salary, compensation, or any other form of payment that the person received in connection with the prohibited activity. Defines "immediate family member". Effective immediately.
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Officials and Employees Ethics Act is |
| 5 | | amended by changing Sections 1-5 and 50-5 and by adding Section |
| 6 | | 5-47 as follows:
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| 7 | | (5 ILCS 430/1-5)
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| 8 | | Sec. 1-5. Definitions. As used in this Act:
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| 9 | | "Appointee" means a person appointed to a position in or |
| 10 | | with a State
agency, regardless of whether the position is |
| 11 | | compensated.
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| 12 | | "Board members of Regional Transit Boards" means any person |
| 13 | | appointed to serve on the governing board of a Regional Transit |
| 14 | | Board. |
| 15 | | "Campaign for elective office" means any activity in |
| 16 | | furtherance of an
effort to influence the selection, |
| 17 | | nomination, election, or appointment of any
individual to any |
| 18 | | federal, State, or local public office or office in a
political |
| 19 | | organization, or the selection, nomination, or election
of |
| 20 | | Presidential or Vice-Presidential electors,
but does not |
| 21 | | include
activities (i) relating to the support or opposition of |
| 22 | | any executive,
legislative, or administrative action (as those |
| 23 | | terms are defined in Section 2
of the Lobbyist Registration |
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| 1 | | Act), (ii) relating to collective bargaining, or
(iii) that are |
| 2 | | otherwise in furtherance of the person's official State duties.
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| 3 | | "Candidate" means a person who has
filed nominating papers |
| 4 | | or petitions for nomination or election to an elected
State |
| 5 | | office, or who has been appointed to fill a vacancy in |
| 6 | | nomination, and
who remains eligible for placement on the |
| 7 | | ballot at either a
general primary election or general |
| 8 | | election.
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| 9 | | "Collective bargaining" has the same meaning as that term |
| 10 | | is defined in
Section 3 of the Illinois Public Labor Relations |
| 11 | | Act.
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| 12 | | "Commission" means an ethics commission created by this |
| 13 | | Act.
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| 14 | | "Compensated time" means any time worked by or credited to |
| 15 | | a State employee
that counts
toward any minimum work time |
| 16 | | requirement imposed as a condition of employment
with a State |
| 17 | | agency, but does not include any designated State holidays or |
| 18 | | any
period when the employee is on a
leave of absence.
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| 19 | | "Compensatory time off" means authorized time off earned by |
| 20 | | or awarded to a
State employee to compensate in whole or in |
| 21 | | part for time worked in excess of
the minimum work time |
| 22 | | required
of that employee as a condition of employment with a |
| 23 | | State agency.
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| 24 | | "Contribution" has the same meaning as that term is defined |
| 25 | | in Section 9-1.4
of the Election Code.
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| 26 | | "Employee" means (i) any person employed full-time, |
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| 1 | | part-time, or
pursuant to a contract and whose employment |
| 2 | | duties are subject to the direction
and
control of an employer |
| 3 | | with regard to the material details of how the work is
to be |
| 4 | | performed or (ii) any appointed or elected commissioner, |
| 5 | | trustee, director, or board member of a board of a State |
| 6 | | agency, including any retirement system or investment board |
| 7 | | subject to the Illinois Pension Code or (iii) any other |
| 8 | | appointee.
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| 9 | | "Employment benefits" include but are not limited to the |
| 10 | | following: modified compensation or benefit terms; compensated |
| 11 | | time off; or change of title, job duties, or location of office |
| 12 | | or employment. An employment benefit may also include favorable |
| 13 | | treatment in determining whether to bring any disciplinary or |
| 14 | | similar action or favorable treatment during the course of any |
| 15 | | disciplinary or similar action or other performance review. |
| 16 | | "Executive branch constitutional officer" means the |
| 17 | | Governor, Lieutenant
Governor, Attorney General, Secretary of |
| 18 | | State, Comptroller, and Treasurer.
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| 19 | | "Gift" means any gratuity, discount, entertainment, |
| 20 | | hospitality, loan,
forbearance, or other tangible or |
| 21 | | intangible item having monetary value
including, but not
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| 22 | | limited to, cash, food and drink, and honoraria for speaking |
| 23 | | engagements
related to or attributable to government |
| 24 | | employment or the official position of
an
employee, member, or |
| 25 | | officer.
The value of a gift may be further defined by rules |
| 26 | | adopted by the appropriate ethics commission or by the Auditor |
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| 1 | | General for the Auditor General and for employees of the office |
| 2 | | of the Auditor General.
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| 3 | | "Governmental entity" means a unit of local government |
| 4 | | (including a community college district) or a school
district |
| 5 | | but not a State
agency or a Regional Transit Board.
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| 6 | | "Immediate family member" means a person's spouse by |
| 7 | | marriage, partner in a civil union, or his or her child by |
| 8 | | birth or adoption. |
| 9 | | "Leave of absence" means any period during which a State |
| 10 | | employee does not
receive (i) compensation for State |
| 11 | | employment, (ii) service credit towards
State pension |
| 12 | | benefits, and (iii) health insurance benefits paid for by the
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| 13 | | State.
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| 14 | | "Legislative branch constitutional officer" means a member |
| 15 | | of the General
Assembly and the Auditor General.
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| 16 | | "Legislative leader" means the President and Minority |
| 17 | | Leader of the Senate
and the Speaker and Minority Leader of the |
| 18 | | House of Representatives.
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| 19 | | "Member" means a member of the General Assembly.
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| 20 | | "Officer" means an executive branch constitutional officer
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| 21 | | or a
legislative branch constitutional officer.
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| 22 | | "Political" means any activity in support
of or in |
| 23 | | connection with any campaign for elective office or any |
| 24 | | political
organization, but does not include activities (i) |
| 25 | | relating to the support or
opposition of any executive, |
| 26 | | legislative, or administrative action (as those
terms are |
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| 1 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
| 2 | | relating
to collective bargaining, or (iii) that are
otherwise
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| 3 | | in furtherance of the person's official
State duties or |
| 4 | | governmental and public service functions.
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| 5 | | "Political organization" means a party, committee, |
| 6 | | association, fund, or
other organization (whether or not |
| 7 | | incorporated) that is required to file a
statement of |
| 8 | | organization with the State Board of Elections or a county |
| 9 | | clerk
under Section 9-3 of the Election Code, but only with |
| 10 | | regard to those
activities that require filing with the State |
| 11 | | Board of Elections or a county
clerk.
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| 12 | | "Prohibited political activity" means:
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| 13 | | (1) Preparing for, organizing, or participating in any
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| 14 | | political meeting, political rally, political |
| 15 | | demonstration, or other political
event.
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| 16 | | (2) Soliciting contributions, including but not |
| 17 | | limited to the purchase
of, selling, distributing, or |
| 18 | | receiving
payment for tickets for any political |
| 19 | | fundraiser,
political meeting, or other political event.
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| 20 | | (3) Soliciting, planning the solicitation of, or |
| 21 | | preparing any document or
report regarding any thing of |
| 22 | | value intended as a campaign contribution.
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| 23 | | (4) Planning, conducting, or participating in a public |
| 24 | | opinion
poll in connection with a campaign for elective |
| 25 | | office or on behalf of a
political organization for |
| 26 | | political purposes or for or against any referendum
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| 1 | | question.
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| 2 | | (5) Surveying or gathering information from potential |
| 3 | | or actual
voters in an election to determine probable vote |
| 4 | | outcome in connection with a
campaign for elective office |
| 5 | | or on behalf of a political organization for
political |
| 6 | | purposes or for or against any referendum question.
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| 7 | | (6) Assisting at the polls on election day on behalf of |
| 8 | | any
political organization or candidate for elective |
| 9 | | office or for or against any
referendum
question.
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| 10 | | (7) Soliciting votes on behalf of a candidate for |
| 11 | | elective office or a
political organization or for or |
| 12 | | against any referendum question or helping in
an effort to |
| 13 | | get voters
to the polls.
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| 14 | | (8) Initiating for circulation, preparing, |
| 15 | | circulating, reviewing, or
filing any petition on
behalf of |
| 16 | | a candidate for elective office or for or against any |
| 17 | | referendum
question.
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| 18 | | (9) Making contributions on behalf
of any candidate for |
| 19 | | elective office in that capacity or in connection with a
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| 20 | | campaign for elective office.
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| 21 | | (10) Preparing or reviewing responses to candidate |
| 22 | | questionnaires in
connection with a campaign for elective |
| 23 | | office or on behalf of a political
organization for |
| 24 | | political purposes.
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| 25 | | (11) Distributing, preparing for distribution, or |
| 26 | | mailing campaign
literature, campaign signs, or other |
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| 1 | | campaign material on behalf of any
candidate for elective |
| 2 | | office or for or against any referendum question.
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| 3 | | (12) Campaigning for any elective
office or for or |
| 4 | | against any referendum question.
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| 5 | | (13) Managing or working on a campaign for elective
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| 6 | | office or for or against any referendum question.
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| 7 | | (14) Serving as a delegate, alternate, or proxy to a |
| 8 | | political
party convention.
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| 9 | | (15) Participating in any recount or challenge to the |
| 10 | | outcome of
any election, except to the extent that under |
| 11 | | subsection (d) of
Section 6 of Article IV of the Illinois |
| 12 | | Constitution each house of the General
Assembly shall judge |
| 13 | | the elections, returns, and qualifications of its members.
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| 14 | | "Prohibited source" means any person or entity who:
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| 15 | | (1) is seeking official action (i) by the
member or |
| 16 | | officer or (ii) in the case of an employee, by
the employee
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| 17 | | or by the
member, officer, State agency, or other employee |
| 18 | | directing the
employee;
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| 19 | | (2) does business or seeks to do business (i) with the
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| 20 | | member or officer or (ii) in the case of an employee,
with |
| 21 | | the
employee or with the member, officer, State agency, or |
| 22 | | other
employee directing the
employee;
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| 23 | | (3) conducts activities regulated (i) by the
member or |
| 24 | | officer or (ii) in the case of an employee, by
the employee |
| 25 | | or by the member, officer, State agency, or
other employee |
| 26 | | directing the employee;
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| 1 | | (4) has interests that may be substantially affected by |
| 2 | | the performance or
non-performance of the official duties |
| 3 | | of the member, officer, or
employee;
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| 4 | | (5) is registered or required to be registered with the |
| 5 | | Secretary of State
under the Lobbyist Registration Act, |
| 6 | | except that an entity not otherwise a
prohibited source |
| 7 | | does not become a prohibited source merely because a
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| 8 | | registered lobbyist is one of its members or serves on its |
| 9 | | board of
directors; or |
| 10 | | (6) is an agent of, a spouse of, or an immediate family |
| 11 | | member who is living with a "prohibited source".
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| 12 | | "Regional Transit Boards" means (i) the Regional |
| 13 | | Transportation Authority created by the Regional |
| 14 | | Transportation Authority Act, (ii) the Suburban Bus Division |
| 15 | | created by the Regional Transportation Authority Act, (iii) the |
| 16 | | Commuter Rail Division created by the Regional Transportation |
| 17 | | Authority Act, and (iv) the Chicago Transit Authority created |
| 18 | | by the Metropolitan Transit Authority Act. |
| 19 | | "State agency" includes all officers, boards, commissions |
| 20 | | and agencies
created by the Constitution, whether in the |
| 21 | | executive or legislative
branch; all officers,
departments, |
| 22 | | boards, commissions, agencies, institutions, authorities,
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| 23 | | public institutions of higher learning as defined in Section 2 |
| 24 | | of the Higher
Education
Cooperation Act (except community |
| 25 | | colleges), and bodies politic and corporate of the State; and
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| 26 | | administrative
units or corporate outgrowths of the State |
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| 1 | | government which are created by
or pursuant to statute, other |
| 2 | | than units of local government (including community college |
| 3 | | districts) and their
officers, school districts, and boards of |
| 4 | | election commissioners; and all
administrative units and |
| 5 | | corporate outgrowths of the above and as may be
created by |
| 6 | | executive order of the Governor. "State agency" includes the |
| 7 | | General
Assembly, the Senate, the House of Representatives, the |
| 8 | | President and Minority
Leader of the Senate, the Speaker and |
| 9 | | Minority Leader of the House of
Representatives, the Senate |
| 10 | | Operations Commission, and the legislative support
services |
| 11 | | agencies. "State agency" includes the Office
of the Auditor |
| 12 | | General. "State agency" does not include the judicial branch.
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| 13 | | "State employee" means any employee of a State agency.
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| 14 | | "Ultimate jurisdictional
authority" means the following:
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| 15 | | (1) For members, legislative partisan staff, and |
| 16 | | legislative secretaries,
the appropriate
legislative |
| 17 | | leader: President of the
Senate, Minority Leader of the |
| 18 | | Senate, Speaker of the House of Representatives,
or |
| 19 | | Minority Leader of the House of Representatives.
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| 20 | | (2) For State employees who are professional staff or |
| 21 | | employees of the
Senate and not covered under item (1), the |
| 22 | | Senate Operations Commission.
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| 23 | | (3) For State employees who are professional staff or |
| 24 | | employees of the
House of Representatives and not covered |
| 25 | | under item (1), the Speaker of the
House of |
| 26 | | Representatives.
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| 1 | | (4) For State employees who are employees of the |
| 2 | | legislative support
services agencies, the Joint Committee |
| 3 | | on Legislative Support Services.
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| 4 | | (5) For State employees of the Auditor General, the |
| 5 | | Auditor General.
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| 6 | | (6) For State employees of public institutions of |
| 7 | | higher learning as
defined in Section 2 of the Higher |
| 8 | | Education Cooperation Act (except community colleges), the |
| 9 | | board of
trustees of the appropriate public institution of |
| 10 | | higher learning.
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| 11 | | (7) For State employees of an executive branch |
| 12 | | constitutional officer
other than those described in |
| 13 | | paragraph (6), the
appropriate executive branch |
| 14 | | constitutional officer.
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| 15 | | (8) For State employees not under the jurisdiction of |
| 16 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
| 17 | | Governor.
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| 18 | | (9) For employees of Regional Transit Boards, the |
| 19 | | appropriate Regional Transit Board.
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| 20 | | (10) For board members of Regional Transit Boards, the |
| 21 | | Governor. |
| 22 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528, |
| 23 | | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
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| 24 | | (5 ILCS 430/5-47 new) |
| 25 | | Sec. 5-47. Lobbying restrictions. |
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| 1 | | (a) No former officer, former member, or former State |
| 2 | | employee and no employee or immediate family member of a former |
| 3 | | officer, former member, or former State employee shall, for a |
| 4 | | period of 2 years after the last day of the most recent term of |
| 5 | | office to which the former officer was elected or, if not |
| 6 | | elected, for a period of 2 years after the former officer, |
| 7 | | former member, or former State employee ended his or her |
| 8 | | employment with the State, engage in lobbying, as that term is |
| 9 | | defined in the Lobbyist Registration Act, whether: (i) as a |
| 10 | | lobbyist; (ii) as an owner, partner, shareholder, or some other |
| 11 | | interest-holder in a business that engages in lobbying; or |
| 12 | | (iii) in any other manner in which the officer, employee, or |
| 13 | | immediate family member derives salary, compensation, or other |
| 14 | | form of payment from an activity that is related in any manner |
| 15 | | whatsoever to lobbying. |
| 16 | | (b) No immediate family member of an officer shall, during |
| 17 | | the term of office to which the officer is elected, engage in |
| 18 | | lobbying, as that term is defined in the Lobbyist Registration |
| 19 | | Act, whether: (i) as a lobbyist; (ii) as an owner, partner, |
| 20 | | shareholder, or some other interest-holder in a business that |
| 21 | | engages in lobbying; or (iii) in any other manner in which the |
| 22 | | immediate family member derives salary, compensation, or other |
| 23 | | form of payment from an activity that is related in any manner |
| 24 | | whatsoever to lobbying.
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| 25 | | (5 ILCS 430/50-5)
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| 1 | | Sec. 50-5. Penalties.
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| 2 | | (a) A person is guilty of a Class A misdemeanor if that |
| 3 | | person intentionally
violates any provision of Section 5-15, |
| 4 | | 5-30, 5-40, or 5-45 or Article 15.
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| 5 | | (a-1) An ethics commission may levy an administrative fine |
| 6 | | for a violation of Section 5-45 of this Act of up to 3 times the |
| 7 | | total annual compensation that would have been obtained in |
| 8 | | violation of Section 5-45. |
| 9 | | (b) A person who intentionally violates any provision
of |
| 10 | | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business |
| 11 | | offense
subject to a fine of at least $1,001 and up to $5,000.
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| 12 | | (c) A person who intentionally violates any provision of |
| 13 | | Article 10 is
guilty of a business
offense and subject to a |
| 14 | | fine of at least $1,001 and up to $5,000.
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| 15 | | (d) Any person who intentionally makes a
false report |
| 16 | | alleging a violation of any provision of this Act to an ethics
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| 17 | | commission,
an inspector general,
the State Police, a State's |
| 18 | | Attorney, the Attorney General, or any other law
enforcement |
| 19 | | official is guilty of a Class A misdemeanor.
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| 20 | | (e) An ethics commission may levy an administrative fine of |
| 21 | | up to $5,000
against any person
who violates this Act, who |
| 22 | | intentionally obstructs or interferes with an
investigation
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| 23 | | conducted under this Act by an inspector general, or who
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| 24 | | intentionally makes a false, frivolous, or bad faith |
| 25 | | allegation.
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| 26 | | (f) In addition to any other penalty that may apply, |
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| 1 | | whether criminal or
civil, a State employee who intentionally |
| 2 | | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, |
| 3 | | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or |
| 4 | | 25-90 is subject to discipline or discharge by
the
appropriate |
| 5 | | ultimate
jurisdictional authority. |
| 6 | | (g) A person who intentionally violates any provision of |
| 7 | | Section 5-47 is guilty of a Class 4 felony.
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| 8 | | (Source: P.A. 96-555, eff. 8-18-09.)
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
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