HB1670 97TH GENERAL ASSEMBLY

LRB097 10495 JDS 50792 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1670

Introduced , by Rep. Kelly Burke

SYNOPSIS AS INTRODUCED:

5 ILCS 120/1.05
5 ILCS 120/4	from Ch. 102, par. 44
5 ILCS 420/4A-103	from Ch. 127, par. 604A-103
5 ILCS 420/4A-104	from Ch. 127, par. 604A-104
5 ILCS 420/4A-107	from Ch. 127, par. 604A-107
10 ILCS 5/29-25 new

Amends the Open Meetings Act. Requires elected officials who are first elected after the effective date of the amendatory Act to successfully complete the training program provided by the Public Access Counselor. Provides that, upon the completion of the required training program, the Public Access Counselor shall issue a certificate of completion to the elected official for filing along with his or her statement of economic interests. Provides that an elected official who is required to but fails to complete the required training or who is required to submit a statement of economic interests but, if required to do so, fails to attach the certificate of completion to his or her statement of economic interests shall be ineligible, in any subsequent election, to be a candidate for the office in which he or she is serving at the time of the violation. Exempts from these training requirements elected officials who are elected to serve public bodies that require the attendance of their parliamentarian or attorney at each meeting. Defines "elected official". Also makes technical changes. Amends the Illinois Governmental Ethics Act and the Election Code to make conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Open Meetings Act is amended by changing Sections 1.05 and 4 as follows:

(5 ILCS 120/1.05)

Sec. 1.05. Training.

(a) Every public body shall designate employees, officers, or members to receive training on compliance with this Act. Each public body shall submit a list of designated employees, officers, or members to the Public Access Counselor. Within 6 months after the effective date of this amendatory Act of the 96th General Assembly, the designated employees, officers, and members must successfully complete an electronic training curriculum, developed and administered by the Public Access Counselor, and thereafter must successfully complete an annual training program. Thereafter, whenever a public body designates an additional employee, officer, or member to receive this training, that person must successfully complete the electronic training curriculum within 30 days after that designation.

(b) Except as otherwise provided in this subsection (b), every person who is not designated under subsection (a) of this Section but who becomes an elected official in the State after the effective date of this amendatory Act of the 97th General Assembly must, within 6 months after being elected, successfully complete the electronic training curriculum developed and administered by the Public Access Counselor. Upon the completion of the training required under this subsection (b), the Public Access Counselor shall issue a certificate of completion to the elected official for filing with his or her statement of economic interests under the Illinois Governmental Ethics Act. An elected official who is required but fails to comply with the requirements of this subsection (b) within the prescribed period or who is required to file a statement of economic interests under the Illinois Governmental Ethics Act but fails to attach the certificate of completion issued by the Public Access Counselor to his or her statement of economic interests, if required to do so, shall be ineligible, in any subsequent election, to be a candidate for the office in which he or she is serving at the time of the violation of this subsection (b).

For the purposes of this subsection (b), "elected official" means a person who is elected to office in accordance with a State statute to discharge a public duty for the State or any of its political subdivisions or for a school district or library district.

This subsection (b) does not apply to an elected official who is elected to serve a public body that requires the attendance of its parliamentarian or attorney at each meeting.

(Source: P.A. 96-542, eff. 1-1-10.)

(5 ILCS 120/4) (from Ch. 102, par. 44)

Sec. 4. Any person violating any of the provisions of this Act, except subsection (b) of Section 1.05, shall be guilty of a Class C misdemeanor. An elected official who is required to comply with the requirements of subsection (b) of Section 1.05 but fails to do so within the prescribed period shall be ineligible, in any subsequent election, to be a candidate for the office in which he or she is serving at the time of the violation of that provision.

(Source: P. A. 77-2549.)

Section 10. The Illinois Governmental Ethics Act is amended by changing Sections 4A-103, 4A-104, and 4A-107 as follows:

(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)

Sec. 4A-103. The statement of economic interests required by this Article to be filed with the Secretary of State shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTEREST

(TYPE OR HAND PRINT)

.............................................................

(name)

.............................................................

(each office or position of employment for which this statement is filed)

.............................................................

(full mailing address)

GENERAL DIRECTIONS:

The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.

Campaign receipts shall not be included in this statement.

If additional space is needed, please attach supplemental listing.

1. List the name and instrument of ownership in any entity doing business in the State of Illinois, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need be listed.

2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.

3. List the nature of professional services rendered (other than to the State of Illinois) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.

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4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.

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5. List the identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.

6. List the name of any entity doing business in the State of Illinois from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution nor any debt instrument need be listed.

7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

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8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

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9. If the person making the statement must complete training under subsection (b) of Section 1.05 of the Open Meetings Act, attach a copy of the certificate of completion issued to that person by the Public Access Counselor in accordance with the requirements of that provision. VERIFICATION:

"I declare that this statement of economic interests (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 my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."

................ .......................................... (date of filing) (signature of person making the statement)

(Source: P.A. 95-173, eff. 1-1-08.)

(5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)

Sec. 4A-104. The statement of economic interests required by this Article to be filed with the county clerk shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTERESTS

(TYPE OR HAND PRINT)

.............................................................

(Name)

.............................................................

(each office or position of employment for which this statement is filed) ...................................................

(full mailing address)

GENERAL DIRECTIONS:

The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.

Campaign receipts shall not be included in this statement.

If additional space is needed, please attach supplemental listing.

1. List the name and instrument of ownership in any entity doing business with a unit of local government in relation to which the person is required to file, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were received during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument shall be listed.

2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.

3. List the nature of professional services rendered (other than to the unit or units of local government in relation to which the person is required to file) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.

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4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.

.............................................................

.............................................................

.............................................................

5. List the name of any entity and the nature of the governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1200 were received by the person filing from the entity during the preceding calendar year.

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6. List the name of any entity doing business with a unit of local government in relation to which the person is required to file from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. No time or demand deposit in a financial institution nor any debt instrument need be listed.

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.............................................................

7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

.............................................................

.............................................................

8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

.............................................................

9. If the person making the statement must complete training under subsection (b) of Section 1.05 of the Open Meetings Act, attach a copy of the certificate of completion issued to that person by the Public Access Counselor in accordance with the requirements of that provision. VERIFICATION:

"I declare that this statement of economic interests (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 my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."

................ .......................................... (date of filing) (signature of person making the statement)

(Source: P.A. 95-173, eff. 1-1-08.)

(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)

Sec. 4A-107. Any person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor. However, if a person's statement of economic interests is incomplete due solely to the fact that he or she was required but failed to attach the certificate of completion issued by the Public Access Counselor under subsection (b) of Section 1.05 of the Open Meetings Act, then he or she shall instead be subject to the penalties specified in subsection (b) of Section 1.05 of the Open Meetings Act and Section 29-25 of the Election Code.

Except when the fees and penalties for late filing have been waived under Section 4A-105, failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be; provided, however, that if the notice of failure to file a statement of economic interests provided in Section 4A-105 of this Act is not given by the Secretary of State or the county clerk, as the case may be, no forfeiture shall result if a statement is filed within 30 days of actual notice of the failure to file. The Secretary of State shall provide the Attorney General with the names of persons who failed to file a statement. The county clerk shall provide the State's Attorney of the county of the entity for which the filing of statement of economic interest is required with the name of persons who failed to file a statement.

The Attorney General, with respect to offices or positions described in items (a) through (f) and items (j), (l), and (n) of Section 4A-101 of this Act, or the State's Attorney of the county of the entity for which the filing of statements of economic interests is required, with respect to offices or positions described in items (g) through (i), item (k), and item (o) of Section 4A-101 of this Act, shall bring an action in quo warranto against any person who has failed to file by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.

(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, eff. 7-2-10.)

Section 15. The Election Code is amended by adding Section 29-25 as follows:

(10 ILCS 5/29-25 new)

Sec. 29-25. Failure to complete training required under the Open Meetings Act.

(a) Notwithstanding any other provision of this Code, an elected official who is required but fails to comply with subsection (b) of Section 1.05 of the Open Meetings Act or who is required to file a statement of economic interests under the Illinois Governmental Ethics Act but fails to attach the certificate of completion issued by the Public Access Counselor to his or her statement of economic interests, if required to do so, shall be ineligible, in any subsequent election, to be a candidate for the office in which he or she is serving at the time of the violation.

(b) For the purposes of this Section, "elected official" means a person who is elected to office in accordance with a State statute to discharge a public duty for the State or any of its political subdivisions or for a school district or library district.

(c) This Section does not apply to an elected official who is elected to serve a public body that requires the attendance of its parliamentarian or attorney at each meeting.