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*** UPDATED x2 *** Ethics reform bill filed

Monday, May 31, 2021 - Posted by Rich Miller

* If you’re watching our “cheat sheet” post, you know that House Amendment 2 to SB539 was just filed. That’s the new ethics language. Click here to read it and I’ll go through it with you in a bit.

…Adding… OK, let’s start with this…

No legislator or executive branch constitutional officer shall engage in compensated lobbying of the governing body of a municipality, county, or township, or an official thereof, on behalf of any lobbyist or lobbying entity that is registered to lobby the General Assembly or the executive branch of the State of Illinois.

Same applies to county, municipality and township electeds and appointeds.

From the provided dot points…

Prohibits State officials, including legislators, and officials of counties, municipalities, and townships from lobbying for compensation on behalf of a lobbyist or lobbying entity registered to lobby their unit of government. Violation of the prohibition is Class A misdemeanor. It excludes communications: (a) within the scope of the officials public duties; (2) by an attorney in connection with the practice of law or in the course of representing a client in any judicial, quasi-judicial, or administrative proceeding; and (3) by legislators in the ordinary course of employment where primary purpose of employment is not to influence government action.

* More…

No person who is appointed to an affected office shall: (i) serve as an officer of a candidate political committee; or (ii) be a candidate who is designated as the candidate to be supported by a candidate political committee.

There’s a provision for a new limited activity campaign committee that was previously floated by the Senate Dems. From the dot points…

Requires that any individual whose appointment to any executive agency, board, or commission is subject to Senate confirmation and controls a political committee must institute a freeze on funds going into or out of the committee immediately upon being named as an appointee. Creates a new kind of committee, “limited activity committee,” for those individuals. A limited activity committee may not accept contributions, except for personal funds in order to pay for maintenance expenses.

* Economic interest statements…

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.

It goes on to mandate reporting of certain things, including “the name of each unit of government of which the
filer or his or her spouse was an employee, contractor, or office holder during the preceding calendar year” along with…

each person known to the filer to be registered as a lobbyist with any unit of government in the State of Illinois: (i) with whom the filer maintains an economic 14 relationship, or (ii) who is a member of the filer’s family.

To be clear, I’m skipping through this and not including some things, so if you have any questions, search the bill before asking why you didn’t see such-and-such in this quickie take.

* No legislative or executive branch campaign fundraisers are allowed anywhere on session days (previously only banned in Sangamon County) and the day before the legislature is in session.

* The state has no revolving door law for the executive branch or legislators. The proposal would impose a 6-month waiting period. Republicans had demanded 12 months. [Adding from a pal: It’s 6 months or until the end of their term, whichever is shorter unless they finish their term in which case they can lobby the next day.]

* Executive inspectors general can now initiate investigations without prior approval of the Executive Ethics Commission based on complaints, but only within one year of the alleged violation.

* The Legislative Ethics Commission is prohibited from proposing or enforcing rules mandating that the Legislative Inspector General must receive prior approval from the Commission before initiating an investigation.

* Legislators who resign or retire during their terms will not be paid a salary for the full month. Instead it’ll be pro-rated. Right now, a member can resign on the first of the month and get a pensionable check for the entire month. This starts with the next General Assembly, of course. It’s not legal to reduce or increase legislative compensation during their terms.

* Provided dot points on lobbying reforms…

Local Lobbyist Registration: Requires persons who undertake to lobby officials of counties, municipalities, and townships to register with the Secretary of State and submit expenditure disclosures like lobbyists at the State level.

Lobbying Definition: Expands the definition of “lobbying” to include soliciting other to make communications.

Consultant Disclosure: Requires lobbyists and lobbying entities to disclose persons or entities they hire to provide advisory services such as strategy development or guidance on lobbying or influencing. Excludes (i) employees of the lobbyist or lobbying entity and (ii) attorneys providing legal services, such as drafting and rendering legal opinions on the effect of government action.

Lobbyist Training: Requires ethics and sexual harassment training to be completed by lobbyists prior to their registration being considered complete, rather than within 30 days of registration.

Lobbying Preemption: Allows Chicago to continue to enforce its ordinances related to restrictions on lobbying.

That consultant disclosure is a good first step. They’re becoming all too common.

*** UPDATE 1 *** The bill has been amended to include a provision allowing campaign expenditures for child and elder care that the Senate has already passed.

*** UPDATE 2 *** The Senate Republicans and Democrats held a joint press conference to talk up the ethics bill this afternoon. That’s not a common occurrence in these parts.

       

5 Comments
  1. - Some Anonymous Dude (S.A.D.) - Monday, May 31, 21 @ 1:52 pm:

    looks like no fundraisers the day before session


  2. - DTAG - Monday, May 31, 21 @ 3:31 pm:

    Is there a grandfather rule for elected officials already registered as lobbyists?


  3. - SKI - Monday, May 31, 21 @ 3:38 pm:

    Why are we banning fundraisers before session? It seems like an image thing. If you truly believe that fundraisers are tied to Legislative action, then ban all fundraising and make campaigns publicly funded.

    Otherwise, stop it with the window dressing which hurts local businesses in Springfield.


  4. - Rich Miller - Monday, May 31, 21 @ 3:50 pm:

    ===stop it with the window dressing ===

    It’s not window dressing. Fundraisers held the day before important votes are wrong.


  5. - Logan - Monday, May 31, 21 @ 4:53 pm:

    The preemption language excludes Chicago but it looks like the rest of the registration requirements don’t. Since the state registration requirements and the Chicago registration requirements don’t conflict, anyone who lobbies Chicago would have dual registration and reporting requirements. If the Chicago ordinance continues in effect, it seems like it would make more sense to exempt anyone lobbying Chicago from the state Act period.


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