99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3720

Introduced , by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:
5 ILCS 420/2-115 new
5 ILCS 420/3-202 from Ch. 127, par. 603-202
5 ILCS 420/3-203 rep.
5 ILCS 420/4A-102 from Ch. 127, par. 604A-102
5 ILCS 430/25-10
5 ILCS 430/25-15
5 ILCS 430/25-20

Amends the Illinois Governmental Ethics Act. Prohibits a legislator from participating, by voting or any other action, in the enactment or defeat of legislation in which he or she has a personal interest. Contains a penalty provision. Provides that a legislator should (currently, must) abstain from taking official action on a legislative matter as to which he has a conflict situation created by a personal, family, or client legislative interest. Repeals a provision concerning action despite the existence of a conflict situation. Provides that certain individuals who are required to list statements of economic interests must also list: (i) current economic interests of the person and members of the person's family; (ii) former economic interests; (iii) creditor information; and (iv) other offices and positions held by that person. Amends the State Officials and Employees Ethics Act to make conforming changes concerning the Legislative Inspector General and the Legislative Ethics Commission.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 3-202 and by adding Section 2-115 as
6follows:
7 (5 ILCS 420/2-115 new)
8 Sec. 2-115. Personal interests in legislation.
9 (a) No legislator shall participate, by voting or any other
10action, on the floor of the House of Representatives or the
11Senate, or in committee or elsewhere, in the enactment or
12defeat of legislation in which he or she has a personal
13interest.
14 (b) A legislator shall be deemed to have a personal
15interest in any legislation within the meaning of this Section
16if, by reason of his participation in the enactment or defeat
17of any legislation, he has reason to believe that he, or a
18member of his immediate family, will derive a direct monetary
19gain or suffer a direct monetary loss.
20 No legislator shall be deemed to have a personal interest
21in any legislation within the meaning of this Section if, by
22reason of his participation in the enactment or defeat of any
23legislation, no benefit or detriment could reasonably be

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1expected to accrue to him, or a member of his immediate family,
2as a member of a business, profession, occupation, or group, to
3any greater extent than any such benefit or detriment could
4reasonably be expected to accrue to any other member of such
5business, profession, occupation, or group.
6 (c) A violation of this Section is a Class A misdemeanor.
7 (5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
8 Sec. 3-202. A When a legislator should abstain from taking
9must take official action on a legislative matter as to which
10he has a conflict situation created by a personal, family, or
11client legislative interest. , he should consider the
12possibility of eliminating the interest creating the conflict
13situation. If that is not feasible, he should consider the
14possibility of abstaining from such official action. In making
15his decision as to abstention, the following factors should be
16considered;
17 a. whether a substantial threat to his independence of
18judgment has been created by the conflict situation;
19 b. the effect of his participation on public confidence in
20the integrity of the legislature;
21 c. whether his participation is likely to have any
22significant effect on the disposition of the matter;
23 d. the need for his particular contribution, such as
24special knowledge of the subject matter, to the effective
25functioning of the legislature.

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1 He need not abstain if he decides to participate in a
2manner contrary to the economic interest which creates the
3conflict situation.
4 If he does abstain, he should disclose that fact to his
5respective legislative body.
6(Source: Laws 1967, p. 3401.)
7 (5 ILCS 420/3-203 rep.)
8 Section 10. The Illinois Governmental Ethics Act is amended
9by repealing Section 3-203.
10 Section 15. The Illinois Governmental Ethics Act is amended
11by changing Section 4A-102 as follows:
12 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
13 Sec. 4A-102. The statement of economic interests required
14by this Article shall include the economic interests of the
15person making the statement as provided in this Section. The
16interest (if constructively controlled by the person making the
17statement) of a spouse or any other party, shall be considered
18to be the same as the interest of the person making the
19statement. Campaign receipts shall not be included in this
20statement.
21 (a) The following interests shall be listed by all
22 persons required to file:
23 (1) The name, address and type of practice of any

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1 professional organization or individual professional
2 practice in which the person making the statement was
3 an officer, director, associate, partner or
4 proprietor, or served in any advisory capacity, from
5 which income in excess of $1200 was derived during the
6 preceding calendar year;
7 (2) The nature of professional services (other
8 than services rendered to the unit or units of
9 government in relation to which the person is required
10 to file) and the nature of the entity to which they
11 were rendered if fees exceeding $5,000 were received
12 during the preceding calendar year from the entity for
13 professional services rendered by the person making
14 the statement.
15 (3) The identity (including the address or legal
16 description of real estate) of any capital asset from
17 which a capital gain of $5,000 or more was realized in
18 the preceding calendar year.
19 (4) The name of any unit of government which has
20 employed the person making the statement during the
21 preceding calendar year other than the unit or units of
22 government in relation to which the person is required
23 to file.
24 (5) The name of any entity from which a gift or
25 gifts, or honorarium or honoraria, valued singly or in
26 the aggregate in excess of $500, was received during

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1 the preceding calendar year.
2 (b) The following interests shall also be listed by
3 persons listed in items (a) through (f), item (l), item
4 (n), and item (p) of Section 4A-101:
5 (1) Current economic interests of the person and
6 members of the person's immediate family, whether in
7 the form of stock, bond, dividend, interest, trust,
8 realty, rent, certificate of deposit, deposit in any
9 financial institution, pension plan, Keogh plan,
10 Individual Retirement Account, equity or creditor
11 interest in any corporation, proprietorship,
12 partnership, instrument of indebtedness, or otherwise.
13 Every source of non-investment income in the form of a
14 fee, commission, compensation, compensation for
15 personal service, royalty, pension, honorarium, or
16 otherwise must also be listed. No reimbursement of
17 expenses by any unit of government and no interest in
18 deferred compensation under a plan administered by the
19 State of Illinois need be listed. No amounts or account
20 numbers need be listed in response to this paragraph
21 (1). In listing his or her personal residence or
22 residences in response to this paragraph (1), the
23 person shall not state the address or addresses.
24 Current economic interests shall be as of a date within
25 30 days preceding the date of filing the statement. The
26 name and instrument of ownership in any entity doing

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1 business in the State of Illinois, in which an
2 ownership interest held by the person at the date of
3 filing is in excess of $5,000 fair market value or from
4 which dividends of in excess of $1,200 were derived
5 during the preceding calendar year. (In the case of
6 real estate, location thereof shall be listed by street
7 address, or if none, then by legal description). No
8 time or demand deposit in a financial institution, nor
9 any debt instrument need be listed;
10 (1.2) Former economic interests of the type
11 required to be disclosed in response to paragraph (1)
12 of this Section that were held by the person or any
13 member of the person's immediate family during the year
14 preceding the date of verification. Current economic
15 interests listed in response to paragraph (1) of this
16 Section need not be listed. No amounts or account
17 numbers need be listed in response to this paragraph
18 (2). In listing his or her personal residence or
19 residences in response to this paragraph (2), the
20 person shall not state the address or addresses.
21 (1.5) The names of all creditors to whom amounts in
22 excess of $500 are owed by the person or members of the
23 person's immediate family, or were owed during the year
24 preceding the date of verification. For each such
25 obligation, there is to be listed the category for the
26 amount owed as of the date of verification and the

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1 maximum category for the amount of each such obligation
2 during the year preceding the date of verification of
3 the statement. The categories for reporting the amount
4 of each such obligation are as follows:
5 (A) not more than $5,000;
6 (B) greater than $5,000 but not more than
7 $15,000;
8 (C) greater than $15,000 but not more than
9 $50,000;
10 (D) greater than $50,000 but not more than
11 $100,000;
12 (E) greater than $100,000 but not more than
13 $250,000; and
14 (F) greater than $250,000.
15 Excluded from this requirement are obligations
16 consisting of revolving charge accounts, with an
17 outstanding liability equal to or less than $5,000.
18 (2) Except for professional service entities, the
19 name of any entity and any position held therein from
20 which income of in excess of $500 1,200 was derived
21 during the preceding calendar year, if the entity does
22 business in the State of Illinois. No time or demand
23 deposit in a financial institution, nor any debt
24 instrument need be listed.
25 (2.5) A list of every office, directorship, and
26 salaried employment of the person and members of the

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1 person's immediate family. Exclude unsalaried
2 positions in religious, social, or fraternal
3 organizations, and honorary positions.
4 (2.7) Any fiduciary position, including
5 executorships and trusteeships of the person or
6 members of the person's immediate family.
7 (3) The identity of any compensated lobbyist with
8 whom the person making the statement maintains a close
9 economic association, including the name of the
10 lobbyist and specifying the legislative matter or
11 matters which are the object of the lobbying activity,
12 and describing the general type of economic activity of
13 the client or principal on whose behalf that person is
14 lobbying.
15 (4) Any other economic interest or relationship of
16 the person or of members of the person's immediate
17 family that could create a conflict of interest for the
18 person in his or her official capacity.
19 (c) The following interests shall also be listed by
20 persons listed in items (g), (h), (i), and (o) of Section
21 4A-101:
22 (1) The name and instrument of ownership in any
23 entity doing business with a unit of local government
24 in relation to which the person is required to file if
25 the ownership interest of the person filing is greater
26 than $5,000 fair market value as of the date of filing

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

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1government in relation to which a person required to file under
2item (o) of Section 4A-101 shall be the unit of local
3government that contributes to the pension fund of which such
4person is a member of the board.
5 (d) As used in this Section, "immediate family" means a
6 person's spouse and minor children residing with that
7 person.
8(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
9 Section 20. The State Officials and Employees Ethics Act is
10amended by changing Sections 25-10, 25-15, and 25-20 as
11follows:
12 (5 ILCS 430/25-10)
13 Sec. 25-10. Office of Legislative Inspector General.
14 (a) The independent Office of the Legislative Inspector
15General is created. The Office shall be under the direction and
16supervision of the Legislative Inspector General and shall be a
17fully independent office with its own appropriation.
18 (b) The Legislative Inspector General shall be appointed
19without regard to political affiliation and solely on the basis
20of integrity and demonstrated ability. The Legislative Ethics
21Commission shall diligently search out qualified candidates
22for Legislative Inspector General and shall make
23recommendations to the General Assembly.
24 The Legislative Inspector General shall be appointed by a

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1joint resolution of the Senate and the House of
2Representatives, which may specify the date on which the
3appointment takes effect. A joint resolution, or other document
4as may be specified by the Joint Rules of the General Assembly,
5appointing the Legislative Inspector General must be certified
6by the Speaker of the House of Representatives and the
7President of the Senate as having been adopted by the
8affirmative vote of three-fifths of the members elected to each
9house, respectively, and be filed with the Secretary of State.
10The appointment of the Legislative Inspector General takes
11effect on the day the appointment is completed by the General
12Assembly, unless the appointment specifies a later date on
13which it is to become effective.
14 The Legislative Inspector General shall have the following
15qualifications:
16 (1) has not been convicted of any felony under the laws
17 of this State, another state, or the United States;
18 (2) has earned a baccalaureate degree from an
19 institution of higher education; and
20 (3) has 5 or more years of cumulative service (A) with
21 a federal, State, or local law enforcement agency, at least
22 2 years of which have been in a progressive investigatory
23 capacity; (B) as a federal, State, or local prosecutor; (C)
24 as a senior manager or executive of a federal, State, or
25 local agency; (D) as a member, an officer, or a State or
26 federal judge; or (E) representing any combination of (A)

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1 through (D).
2 The Legislative Inspector General may not be a relative of
3a commissioner.
4 The term of the initial Legislative Inspector General shall
5commence upon qualification and shall run through June 30,
62008.
7 After the initial term, the Legislative Inspector General
8shall serve for 5-year terms commencing on July 1 of the year
9of appointment and running through June 30 of the fifth
10following year. The Legislative Inspector General may be
11reappointed to one or more subsequent terms.
12 A vacancy occurring other than at the end of a term shall
13be filled in the same manner as an appointment only for the
14balance of the term of the Legislative Inspector General whose
15office is vacant. If the Office is vacant, or if a Legislative
16Inspector General resigns, the Commission shall designate an
17Acting Legislative Inspector General who shall serve until the
18vacancy is filled. The Commission shall file the designation in
19writing with the Secretary of State.
20 Terms shall run regardless of whether the position is
21filled.
22 (c) The Legislative Inspector General shall have
23jurisdiction over the members of the General Assembly and all
24State employees whose ultimate jurisdictional authority is (i)
25a legislative leader, (ii) the Senate Operations Commission, or
26(iii) the Joint Committee on Legislative Support Services.

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1 The jurisdiction of each Legislative Inspector General is
2to investigate allegations of fraud, waste, abuse,
3mismanagement, misconduct, nonfeasance, misfeasance,
4malfeasance, or violations of this Act, violations of Article 2
5or Part 1 of Article 3 of the Illinois Governmental Ethics Act,
6or violations of other related laws and rules.
7 (d) The compensation of the Legislative Inspector General
8shall be the greater of an amount (i) determined by the
9Commission or (ii) by joint resolution of the General Assembly
10passed by a majority of members elected in each chamber.
11Subject to Section 25-45 of this Act, the Legislative Inspector
12General has full authority to organize the Office of the
13Legislative Inspector General, including the employment and
14determination of the compensation of staff, such as deputies,
15assistants, and other employees, as appropriations permit.
16Employment of staff is subject to the approval of at least 3 of
17the 4 legislative leaders.
18 (e) No Legislative Inspector General or employee of the
19Office of the Legislative Inspector General may, during his or
20her term of appointment or employment:
21 (1) become a candidate for any elective office;
22 (2) hold any other elected or appointed public office
23 except for appointments on governmental advisory boards or
24 study commissions or as otherwise expressly authorized by
25 law;
26 (3) be actively involved in the affairs of any

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1 political party or political organization; or
2 (4) actively participate in any campaign for any
3 elective office.
4 In this subsection an appointed public office means a
5position authorized by law that is filled by an appointing
6authority as provided by law and does not include employment by
7hiring in the ordinary course of business.
8 (e-1) No Legislative Inspector General or employee of the
9Office of the Legislative Inspector General may, for one year
10after the termination of his or her appointment or employment:
11 (1) become a candidate for any elective office;
12 (2) hold any elected public office; or
13 (3) hold any appointed State, county, or local judicial
14 office.
15 (e-2) The requirements of item (3) of subsection (e-1) may
16be waived by the Legislative Ethics Commission.
17 (f) The Commission may remove the Legislative Inspector
18General only for cause. At the time of the removal, the
19Commission must report to the General Assembly the
20justification for the removal.
21(Source: P.A. 98-631, eff. 5-29-14.)
22 (5 ILCS 430/25-15)
23 Sec. 25-15. Duties of the Legislative Ethics Commission. In
24addition to duties otherwise assigned by law, the Legislative
25Ethics Commission shall have the following duties:

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1 (1) To promulgate rules governing the performance of
2 its duties and the exercise of its powers and governing the
3 investigations of the Legislative Inspector General.
4 (2) To conduct administrative hearings and rule on
5 matters brought before the Commission only upon the receipt
6 of pleadings filed by the Legislative Inspector General and
7 not upon its own prerogative, but may appoint special
8 Legislative Inspectors General as provided in Section
9 25-21. Any other allegations of misconduct received by the
10 Commission from a person other than the Legislative
11 Inspector General shall be referred to the Office of the
12 Legislative Inspector General.
13 (3) To prepare and publish manuals and guides and,
14 working with the Office of the Attorney General, oversee
15 training of employees under its jurisdiction that explains
16 their duties.
17 (4) To prepare public information materials to
18 facilitate compliance, implementation, and enforcement of
19 this Act.
20 (5) To submit reports as required by this Act.
21 (6) To the extent authorized by this Act, to make
22 rulings, issue recommendations, and impose administrative
23 fines, if appropriate, in connection with the
24 implementation and interpretation of this Act, or of
25 Article 2 or Part 1 of Article 3 of the Illinois
26 Governmental Ethics Act. The powers and duties of the

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1 Commission are limited to matters clearly within the
2 purview of this Act.
3 (7) To issue subpoenas with respect to matters pending
4 before the Commission, subject to the provisions of this
5 Article and in the discretion of the Commission, to compel
6 the attendance of witnesses for purposes of testimony and
7 the production of documents and other items for inspection
8 and copying.
9 (8) To appoint special Legislative Inspectors General
10 as provided in Section 25-21.
11(Source: P.A. 93-617, eff. 12-9-03.)
12 (5 ILCS 430/25-20)
13 Sec. 25-20. Duties of the Legislative Inspector General. In
14addition to duties otherwise assigned by law, the Legislative
15Inspector General shall have the following duties:
16 (1) To receive and investigate allegations of
17 violations of this Act, or of Article 2 or Part 1 of
18 Article 3 of the Illinois Governmental Ethics Act. An
19 investigation may not be initiated more than one year after
20 the most recent act of the alleged violation or of a series
21 of alleged violations except where there is reasonable
22 cause to believe that fraudulent concealment has occurred.
23 To constitute fraudulent concealment sufficient to toll
24 this limitations period, there must be an affirmative act
25 or representation calculated to prevent discovery of the

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1 fact that a violation has occurred. The Legislative
2 Inspector General shall have the discretion to determine
3 the appropriate means of investigation as permitted by law.
4 (2) To request information relating to an
5 investigation from any person when the Legislative
6 Inspector General deems that information necessary in
7 conducting an investigation.
8 (3) To issue subpoenas, with the advance approval of
9 the Commission, to compel the attendance of witnesses for
10 the purposes of testimony and production of documents and
11 other items for inspection and copying and to make service
12 of those subpoenas and subpoenas issued under item (7) of
13 Section 25-15.
14 (4) To submit reports as required by this Act.
15 (5) To file pleadings in the name of the Legislative
16 Inspector General with the Legislative Ethics Commission,
17 through the Attorney General, as provided in this Article
18 if the Attorney General finds that reasonable cause exists
19 to believe that a violation has occurred.
20 (6) To assist and coordinate the ethics officers for
21 State agencies under the jurisdiction of the Legislative
22 Inspector General and to work with those ethics officers.
23 (7) To participate in or conduct, when appropriate,
24 multi-jurisdictional investigations.
25 (8) To request, as the Legislative Inspector General
26 deems appropriate, from ethics officers of State agencies

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1 under his or her jurisdiction, reports or information on
2 (i) the content of a State agency's ethics training program
3 and (ii) the percentage of new officers and employees who
4 have completed ethics training.
5 (9) To establish a policy that ensures the appropriate
6 handling and correct recording of all investigations of
7 allegations and to ensure that the policy is accessible via
8 the Internet in order that those seeking to report those
9 allegations are familiar with the process and that the
10 subjects of those allegations are treated fairly.
11(Source: P.A. 96-555, eff. 8-18-09.)