100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4151

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Officials and Employees Ethics Act. Provides new requirements for the composition, duration, and responsibilities of appointees to the Legislative Ethics Commission. Removes specified existing requirements for persons appointed to the Legislative Ethics Commission. Changes the title of Legislative Inspector General to Legislative Ethics Review Officer. Provides that the initial term of the Legislative Ethics Review Officer shall run through June 30, 2019. Modifies the duties of the Legislative Ethics Review Officer. Provides further information posting and reporting requirements for specified ethics officers and the Legislative Ethics Commission. Requires the Legislative Ethics Review Officer to file a monthly (currently, quarterly) activity report with the Legislative Ethics Commission that reflects investigative activity during the previous month. Requires the Legislative Ethics Review Officer to submit monthly (currently, quarterly) reports to the General Assembly and the Legislative Ethics Commission indicating specified information. Amends the Illinois Governmental Ethics Act to provide the Legislative Ethics Commission with jurisdiction over violations relating to restricted activities and the rules of conduct for legislators. Amends the Illinois Public Labor Relations Act, the State Budget Law, the Personnel Code, and the Illinois Pension Code to make conforming changes.


LRB100 15490 JWD 30616 b

 

 

A BILL FOR

 

HB4151LRB100 15490 JWD 30616 b

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 Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal assistants under Executive Order
262003-8 prior to the effective date of this amendatory Act of

 

 

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1the 93rd General Assembly, and the organization shall be
2considered to be the exclusive representative of the personal
3assistants as defined in this Section; or (v) recognized as the
4exclusive representative of child and day care home providers,
5including licensed and license exempt providers, pursuant to an
6election held under Executive Order 2005-1 prior to the
7effective date of this amendatory Act of the 94th General
8Assembly, and the organization shall be considered to be the
9exclusive representative of the child and day care home
10providers as defined in this Section.
11    With respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Department
14of State Police, "exclusive representative" means the labor
15organization that has been (i) designated by the Board as the
16representative of a majority of peace officers or fire fighters
17in an appropriate bargaining unit in accordance with the
18procedures contained in this Act, (ii) historically recognized
19by the State of Illinois or any political subdivision of the
20State before January 1, 1986 (the effective date of this
21amendatory Act of 1985) as the exclusive representative by a
22majority of the peace officers or fire fighters in an
23appropriate bargaining unit, or (iii) after January 1, 1986
24(the effective date of this amendatory Act of 1985) recognized
25by an employer upon evidence, acceptable to the Board, that the
26labor organization has been designated as the exclusive

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit.
3    Where a historical pattern of representation exists for the
4workers of a water system that was owned by a public utility,
5as defined in Section 3-105 of the Public Utilities Act, prior
6to becoming certified employees of a municipality or
7municipalities once the municipality or municipalities have
8acquired the water system as authorized in Section 11-124-5 of
9the Illinois Municipal Code, the Board shall find the labor
10organization that has historically represented the workers to
11be the exclusive representative under this Act, and shall find
12the unit represented by the exclusive representative to be the
13appropriate unit.
14    (g) "Fair share agreement" means an agreement between the
15employer and an employee organization under which all or any of
16the employees in a collective bargaining unit are required to
17pay their proportionate share of the costs of the collective
18bargaining process, contract administration, and pursuing
19matters affecting wages, hours, and other conditions of
20employment, but not to exceed the amount of dues uniformly
21required of members. The amount certified by the exclusive
22representative shall not include any fees for contributions
23related to the election or support of any candidate for
24political office. Nothing in this subsection (g) shall preclude
25an employee from making voluntary political contributions in
26conjunction with his or her fair share payment.

 

 

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1    (g-1) "Fire fighter" means, for the purposes of this Act
2only, any person who has been or is hereafter appointed to a
3fire department or fire protection district or employed by a
4state university and sworn or commissioned to perform fire
5fighter duties or paramedic duties, except that the following
6persons are not included: part-time fire fighters, auxiliary,
7reserve or voluntary fire fighters, including paid on-call fire
8fighters, clerks and dispatchers or other civilian employees of
9a fire department or fire protection district who are not
10routinely expected to perform fire fighter duties, or elected
11officials.
12    (g-2) "General Assembly of the State of Illinois" means the
13legislative branch of the government of the State of Illinois,
14as provided for under Article IV of the Constitution of the
15State of Illinois, and includes but is not limited to the House
16of Representatives, the Senate, the Speaker of the House of
17Representatives, the Minority Leader of the House of
18Representatives, the President of the Senate, the Minority
19Leader of the Senate, the Joint Committee on Legislative
20Support Services and any legislative support services agency
21listed in the Legislative Commission Reorganization Act of
221984.
23    (h) "Governing body" means, in the case of the State, the
24State Panel of the Illinois Labor Relations Board, the Director
25of the Department of Central Management Services, and the
26Director of the Department of Labor; the county board in the

 

 

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1case of a county; the corporate authorities in the case of a
2municipality; and the appropriate body authorized to provide
3for expenditures of its funds in the case of any other unit of
4government.
5    (i) "Labor organization" means any organization in which
6public employees participate and that exists for the purpose,
7in whole or in part, of dealing with a public employer
8concerning wages, hours, and other terms and conditions of
9employment, including the settlement of grievances.
10    (i-5) "Legislative liaison" means a person who is an
11employee of a State agency, the Attorney General, the Secretary
12of State, the Comptroller, or the Treasurer, as the case may
13be, and whose job duties require the person to regularly
14communicate in the course of his or her employment with any
15official or staff of the General Assembly of the State of
16Illinois for the purpose of influencing any legislative action.
17    (j) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of management policies and practices. With
21respect only to State employees in positions under the
22jurisdiction of the Attorney General, Secretary of State,
23Comptroller, or Treasurer (i) that were certified in a
24bargaining unit on or after December 2, 2008, (ii) for which a
25petition is filed with the Illinois Public Labor Relations
26Board on or after April 5, 2013 (the effective date of Public

 

 

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1Act 97-1172), or (iii) for which a petition is pending before
2the Illinois Public Labor Relations Board on that date,
3"managerial employee" means an individual who is engaged in
4executive and management functions or who is charged with the
5effectuation of management policies and practices or who
6represents management interests by taking or recommending
7discretionary actions that effectively control or implement
8policy. Nothing in this definition prohibits an individual from
9also meeting the definition of "supervisor" under subsection
10(r) of this Section.
11    (k) "Peace officer" means, for the purposes of this Act
12only, any persons who have been or are hereafter appointed to a
13police force, department, or agency and sworn or commissioned
14to perform police duties, except that the following persons are
15not included: part-time police officers, special police
16officers, auxiliary police as defined by Section 3.1-30-20 of
17the Illinois Municipal Code, night watchmen, "merchant
18police", court security officers as defined by Section 3-6012.1
19of the Counties Code, temporary employees, traffic guards or
20wardens, civilian parking meter and parking facilities
21personnel or other individuals specially appointed to aid or
22direct traffic at or near schools or public functions or to aid
23in civil defense or disaster, parking enforcement employees who
24are not commissioned as peace officers and who are not armed
25and who are not routinely expected to effect arrests, parking
26lot attendants, clerks and dispatchers or other civilian

 

 

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1employees of a police department who are not routinely expected
2to effect arrests, or elected officials.
3    (l) "Person" includes one or more individuals, labor
4organizations, public employees, associations, corporations,
5legal representatives, trustees, trustees in bankruptcy,
6receivers, or the State of Illinois or any political
7subdivision of the State or governing body, but does not
8include the General Assembly of the State of Illinois or any
9individual employed by the General Assembly of the State of
10Illinois.
11    (m) "Professional employee" means any employee engaged in
12work predominantly intellectual and varied in character rather
13than routine mental, manual, mechanical or physical work;
14involving the consistent exercise of discretion and adjustment
15in its performance; of such a character that the output
16produced or the result accomplished cannot be standardized in
17relation to a given period of time; and requiring advanced
18knowledge in a field of science or learning customarily
19acquired by a prolonged course of specialized intellectual
20instruction and study in an institution of higher learning or a
21hospital, as distinguished from a general academic education or
22from apprenticeship or from training in the performance of
23routine mental, manual, or physical processes; or any employee
24who has completed the courses of specialized intellectual
25instruction and study prescribed in this subsection (m) and is
26performing related work under the supervision of a professional

 

 

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1person to qualify to become a professional employee as defined
2in this subsection (m).
3    (n) "Public employee" or "employee", for the purposes of
4this Act, means any individual employed by a public employer,
5including (i) interns and residents at public hospitals, (ii)
6as of the effective date of this amendatory Act of the 93rd
7General Assembly, but not before, personal assistants working
8under the Home Services Program under Section 3 of the
9Rehabilitation of Persons with Disabilities Act, subject to the
10limitations set forth in this Act and in the Rehabilitation of
11Persons with Disabilities Act, (iii) as of the effective date
12of this amendatory Act of the 94th General Assembly, but not
13before, child and day care home providers participating in the
14child care assistance program under Section 9A-11 of the
15Illinois Public Aid Code, subject to the limitations set forth
16in this Act and in Section 9A-11 of the Illinois Public Aid
17Code, (iv) as of January 29, 2013 (the effective date of Public
18Act 97-1158), but not before except as otherwise provided in
19this subsection (n), home care and home health workers who
20function as personal assistants and individual maintenance
21home health workers and who also work under the Home Services
22Program under Section 3 of the Rehabilitation of Persons with
23Disabilities Act, no matter whether the State provides those
24services through direct fee-for-service arrangements, with the
25assistance of a managed care organization or other
26intermediary, or otherwise, (v) beginning on the effective date

 

 

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1of this amendatory Act of the 98th General Assembly and
2notwithstanding any other provision of this Act, any person
3employed by a public employer and who is classified as or who
4holds the employment title of Chief Stationary Engineer,
5Assistant Chief Stationary Engineer, Sewage Plant Operator,
6Water Plant Operator, Stationary Engineer, Plant Operating
7Engineer, and any other employee who holds the position of:
8Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
9Technical Manager I, Technical Manager II, Technical Manager
10III, Technical Manager IV, Technical Manager V, Technical
11Manager VI, Realty Specialist III, Realty Specialist IV, Realty
12Specialist V, Technical Advisor I, Technical Advisor II,
13Technical Advisor III, Technical Advisor IV, or Technical
14Advisor V employed by the Department of Transportation who is
15in a position which is certified in a bargaining unit on or
16before the effective date of this amendatory Act of the 98th
17General Assembly, and (vi) beginning on the effective date of
18this amendatory Act of the 98th General Assembly and
19notwithstanding any other provision of this Act, any mental
20health administrator in the Department of Corrections who is
21classified as or who holds the position of Public Service
22Administrator (Option 8K), any employee of the Office of the
23Inspector General in the Department of Human Services who is
24classified as or who holds the position of Public Service
25Administrator (Option 7), any Deputy of Intelligence in the
26Department of Corrections who is classified as or who holds the

 

 

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1position of Public Service Administrator (Option 7), and any
2employee of the Department of State Police who handles issues
3concerning the Illinois State Police Sex Offender Registry and
4who is classified as or holds the position of Public Service
5Administrator (Option 7), but excluding all of the following:
6employees of the General Assembly of the State of Illinois;
7elected officials; executive heads of a department; members of
8boards or commissions; the Executive Inspectors General; any
9special Executive Inspectors General; employees of each Office
10of an Executive Inspector General; commissioners and employees
11of the Executive Ethics Commission; the Auditor General's
12Inspector General; employees of the Office of the Auditor
13General's Inspector General; the Legislative Ethics Review
14Officer Inspector General; any special Legislative Ethics
15Review Officers Inspectors General; employees of the Office of
16the Legislative Ethics Review Officer Inspector General;
17commissioners and employees of the Legislative Ethics
18Commission; employees of any agency, board or commission
19created by this Act; employees appointed to State positions of
20a temporary or emergency nature; all employees of school
21districts and higher education institutions except
22firefighters and peace officers employed by a state university
23and except peace officers employed by a school district in its
24own police department in existence on the effective date of
25this amendatory Act of the 96th General Assembly; managerial
26employees; short-term employees; legislative liaisons; a

 

 

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1person who is a State employee under the jurisdiction of the
2Office of the Attorney General who is licensed to practice law
3or whose position authorizes, either directly or indirectly,
4meaningful input into government decision-making on issues
5where there is room for principled disagreement on goals or
6their implementation; a person who is a State employee under
7the jurisdiction of the Office of the Comptroller who holds the
8position of Public Service Administrator or whose position is
9otherwise exempt under the Comptroller Merit Employment Code; a
10person who is a State employee under the jurisdiction of the
11Secretary of State who holds the position classification of
12Executive I or higher, whose position authorizes, either
13directly or indirectly, meaningful input into government
14decision-making on issues where there is room for principled
15disagreement on goals or their implementation, or who is
16otherwise exempt under the Secretary of State Merit Employment
17Code; employees in the Office of the Secretary of State who are
18completely exempt from jurisdiction B of the Secretary of State
19Merit Employment Code and who are in Rutan-exempt positions on
20or after April 5, 2013 (the effective date of Public Act
2197-1172); a person who is a State employee under the
22jurisdiction of the Treasurer who holds a position that is
23exempt from the State Treasurer Employment Code; any employee
24of a State agency who (i) holds the title or position of, or
25exercises substantially similar duties as a legislative
26liaison, Agency General Counsel, Agency Chief of Staff, Agency

 

 

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1Executive Director, Agency Deputy Director, Agency Chief
2Fiscal Officer, Agency Human Resources Director, Public
3Information Officer, or Chief Information Officer and (ii) was
4neither included in a bargaining unit nor subject to an active
5petition for certification in a bargaining unit; any employee
6of a State agency who (i) is in a position that is
7Rutan-exempt, as designated by the employer, and completely
8exempt from jurisdiction B of the Personnel Code and (ii) was
9neither included in a bargaining unit nor subject to an active
10petition for certification in a bargaining unit; any term
11appointed employee of a State agency pursuant to Section 8b.18
12or 8b.19 of the Personnel Code who was neither included in a
13bargaining unit nor subject to an active petition for
14certification in a bargaining unit; any employment position
15properly designated pursuant to Section 6.1 of this Act;
16confidential employees; independent contractors; and
17supervisors except as provided in this Act.
18    Home care and home health workers who function as personal
19assistants and individual maintenance home health workers and
20who also work under the Home Services Program under Section 3
21of the Rehabilitation of Persons with Disabilities Act shall
22not be considered public employees for any purposes not
23specifically provided for in Public Act 93-204 or Public Act
2497-1158, including but not limited to, purposes of vicarious
25liability in tort and purposes of statutory retirement or
26health insurance benefits. Home care and home health workers

 

 

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1who function as personal assistants and individual maintenance
2home health workers and who also work under the Home Services
3Program under Section 3 of the Rehabilitation of Persons with
4Disabilities Act shall not be covered by the State Employees
5Group Insurance Act of 1971 (5 ILCS 375/).
6    Child and day care home providers shall not be considered
7public employees for any purposes not specifically provided for
8in this amendatory Act of the 94th General Assembly, including
9but not limited to, purposes of vicarious liability in tort and
10purposes of statutory retirement or health insurance benefits.
11Child and day care home providers shall not be covered by the
12State Employees Group Insurance Act of 1971.
13    Notwithstanding Section 9, subsection (c), or any other
14provisions of this Act, all peace officers above the rank of
15captain in municipalities with more than 1,000,000 inhabitants
16shall be excluded from this Act.
17    (o) Except as otherwise in subsection (o-5), "public
18employer" or "employer" means the State of Illinois; any
19political subdivision of the State, unit of local government or
20school district; authorities including departments, divisions,
21bureaus, boards, commissions, or other agencies of the
22foregoing entities; and any person acting within the scope of
23his or her authority, express or implied, on behalf of those
24entities in dealing with its employees. As of the effective
25date of the amendatory Act of the 93rd General Assembly, but
26not before, the State of Illinois shall be considered the

 

 

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1employer of the personal assistants working under the Home
2Services Program under Section 3 of the Rehabilitation of
3Persons with Disabilities Act, subject to the limitations set
4forth in this Act and in the Rehabilitation of Persons with
5Disabilities Act. As of January 29, 2013 (the effective date of
6Public Act 97-1158), but not before except as otherwise
7provided in this subsection (o), the State shall be considered
8the employer of home care and home health workers who function
9as personal assistants and individual maintenance home health
10workers and who also work under the Home Services Program under
11Section 3 of the Rehabilitation of Persons with Disabilities
12Act, no matter whether the State provides those services
13through direct fee-for-service arrangements, with the
14assistance of a managed care organization or other
15intermediary, or otherwise, but subject to the limitations set
16forth in this Act and the Rehabilitation of Persons with
17Disabilities Act. The State shall not be considered to be the
18employer of home care and home health workers who function as
19personal assistants and individual maintenance home health
20workers and who also work under the Home Services Program under
21Section 3 of the Rehabilitation of Persons with Disabilities
22Act, for any purposes not specifically provided for in Public
23Act 93-204 or Public Act 97-1158, including but not limited to,
24purposes of vicarious liability in tort and purposes of
25statutory retirement or health insurance benefits. Home care
26and home health workers who function as personal assistants and

 

 

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1individual maintenance home health workers and who also work
2under the Home Services Program under Section 3 of the
3Rehabilitation of Persons with Disabilities Act shall not be
4covered by the State Employees Group Insurance Act of 1971 (5
5ILCS 375/). As of the effective date of this amendatory Act of
6the 94th General Assembly but not before, the State of Illinois
7shall be considered the employer of the day and child care home
8providers participating in the child care assistance program
9under Section 9A-11 of the Illinois Public Aid Code, subject to
10the limitations set forth in this Act and in Section 9A-11 of
11the Illinois Public Aid Code. The State shall not be considered
12to be the employer of child and day care home providers for any
13purposes not specifically provided for in this amendatory Act
14of the 94th General Assembly, including but not limited to,
15purposes of vicarious liability in tort and purposes of
16statutory retirement or health insurance benefits. Child and
17day care home providers shall not be covered by the State
18Employees Group Insurance Act of 1971.
19    "Public employer" or "employer" as used in this Act,
20however, does not mean and shall not include the General
21Assembly of the State of Illinois, the Executive Ethics
22Commission, the Offices of the Executive Inspectors General,
23the Legislative Ethics Commission, the Office of the
24Legislative Ethics Review Officer, Inspector General, the
25Office of the Auditor General's Inspector General, the Office
26of the Governor, the Governor's Office of Management and

 

 

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1Budget, the Illinois Finance Authority, the Office of the
2Lieutenant Governor, the State Board of Elections, and
3educational employers or employers as defined in the Illinois
4Educational Labor Relations Act, except with respect to a state
5university in its employment of firefighters and peace officers
6and except with respect to a school district in the employment
7of peace officers in its own police department in existence on
8the effective date of this amendatory Act of the 96th General
9Assembly. County boards and county sheriffs shall be designated
10as joint or co-employers of county peace officers appointed
11under the authority of a county sheriff. Nothing in this
12subsection (o) shall be construed to prevent the State Panel or
13the Local Panel from determining that employers are joint or
14co-employers.
15    (o-5) With respect to wages, fringe benefits, hours,
16holidays, vacations, proficiency examinations, sick leave, and
17other conditions of employment, the public employer of public
18employees who are court reporters, as defined in the Court
19Reporters Act, shall be determined as follows:
20        (1) For court reporters employed by the Cook County
21    Judicial Circuit, the chief judge of the Cook County
22    Circuit Court is the public employer and employer
23    representative.
24        (2) For court reporters employed by the 12th, 18th,
25    19th, and, on and after December 4, 2006, the 22nd judicial
26    circuits, a group consisting of the chief judges of those

 

 

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1    circuits, acting jointly by majority vote, is the public
2    employer and employer representative.
3        (3) For court reporters employed by all other judicial
4    circuits, a group consisting of the chief judges of those
5    circuits, acting jointly by majority vote, is the public
6    employer and employer representative.
7    (p) "Security employee" means an employee who is
8responsible for the supervision and control of inmates at
9correctional facilities. The term also includes other
10non-security employees in bargaining units having the majority
11of employees being responsible for the supervision and control
12of inmates at correctional facilities.
13    (q) "Short-term employee" means an employee who is employed
14for less than 2 consecutive calendar quarters during a calendar
15year and who does not have a reasonable assurance that he or
16she will be rehired by the same employer for the same service
17in a subsequent calendar year.
18    (q-5) "State agency" means an agency directly responsible
19to the Governor, as defined in Section 3.1 of the Executive
20Reorganization Implementation Act, and the Illinois Commerce
21Commission, the Illinois Workers' Compensation Commission, the
22Civil Service Commission, the Pollution Control Board, the
23Illinois Racing Board, and the Department of State Police Merit
24Board.
25    (r) "Supervisor" is:
26        (1) An employee whose principal work is substantially

 

 

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1    different from that of his or her subordinates and who has
2    authority, in the interest of the employer, to hire,
3    transfer, suspend, lay off, recall, promote, discharge,
4    direct, reward, or discipline employees, to adjust their
5    grievances, or to effectively recommend any of those
6    actions, if the exercise of that authority is not of a
7    merely routine or clerical nature, but requires the
8    consistent use of independent judgment. Except with
9    respect to police employment, the term "supervisor"
10    includes only those individuals who devote a preponderance
11    of their employment time to exercising that authority,
12    State supervisors notwithstanding. Nothing in this
13    definition prohibits an individual from also meeting the
14    definition of "managerial employee" under subsection (j)
15    of this Section. In addition, in determining supervisory
16    status in police employment, rank shall not be
17    determinative. The Board shall consider, as evidence of
18    bargaining unit inclusion or exclusion, the common law
19    enforcement policies and relationships between police
20    officer ranks and certification under applicable civil
21    service law, ordinances, personnel codes, or Division 2.1
22    of Article 10 of the Illinois Municipal Code, but these
23    factors shall not be the sole or predominant factors
24    considered by the Board in determining police supervisory
25    status.
26        Notwithstanding the provisions of the preceding

 

 

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1    paragraph, in determining supervisory status in fire
2    fighter employment, no fire fighter shall be excluded as a
3    supervisor who has established representation rights under
4    Section 9 of this Act. Further, in new fire fighter units,
5    employees shall consist of fire fighters of the rank of
6    company officer and below. If a company officer otherwise
7    qualifies as a supervisor under the preceding paragraph,
8    however, he or she shall not be included in the fire
9    fighter unit. If there is no rank between that of chief and
10    the highest company officer, the employer may designate a
11    position on each shift as a Shift Commander, and the
12    persons occupying those positions shall be supervisors.
13    All other ranks above that of company officer shall be
14    supervisors.
15        (2) With respect only to State employees in positions
16    under the jurisdiction of the Attorney General, Secretary
17    of State, Comptroller, or Treasurer (i) that were certified
18    in a bargaining unit on or after December 2, 2008, (ii) for
19    which a petition is filed with the Illinois Public Labor
20    Relations Board on or after April 5, 2013 (the effective
21    date of Public Act 97-1172), or (iii) for which a petition
22    is pending before the Illinois Public Labor Relations Board
23    on that date, an employee who qualifies as a supervisor
24    under (A) Section 152 of the National Labor Relations Act
25    and (B) orders of the National Labor Relations Board
26    interpreting that provision or decisions of courts

 

 

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1    reviewing decisions of the National Labor Relations Board.
2    (s)(1) "Unit" means a class of jobs or positions that are
3held by employees whose collective interests may suitably be
4represented by a labor organization for collective bargaining.
5Except with respect to non-State fire fighters and paramedics
6employed by fire departments and fire protection districts,
7non-State peace officers, and peace officers in the Department
8of State Police, a bargaining unit determined by the Board
9shall not include both employees and supervisors, or
10supervisors only, except as provided in paragraph (2) of this
11subsection (s) and except for bargaining units in existence on
12July 1, 1984 (the effective date of this Act). With respect to
13non-State fire fighters and paramedics employed by fire
14departments and fire protection districts, non-State peace
15officers, and peace officers in the Department of State Police,
16a bargaining unit determined by the Board shall not include
17both supervisors and nonsupervisors, or supervisors only,
18except as provided in paragraph (2) of this subsection (s) and
19except for bargaining units in existence on January 1, 1986
20(the effective date of this amendatory Act of 1985). A
21bargaining unit determined by the Board to contain peace
22officers shall contain no employees other than peace officers
23unless otherwise agreed to by the employer and the labor
24organization or labor organizations involved. Notwithstanding
25any other provision of this Act, a bargaining unit, including a
26historical bargaining unit, containing sworn peace officers of

 

 

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1the Department of Natural Resources (formerly designated the
2Department of Conservation) shall contain no employees other
3than such sworn peace officers upon the effective date of this
4amendatory Act of 1990 or upon the expiration date of any
5collective bargaining agreement in effect upon the effective
6date of this amendatory Act of 1990 covering both such sworn
7peace officers and other employees.
8    (2) Notwithstanding the exclusion of supervisors from
9bargaining units as provided in paragraph (1) of this
10subsection (s), a public employer may agree to permit its
11supervisory employees to form bargaining units and may bargain
12with those units. This Act shall apply if the public employer
13chooses to bargain under this subsection.
14    (3) Public employees who are court reporters, as defined in
15the Court Reporters Act, shall be divided into 3 units for
16collective bargaining purposes. One unit shall be court
17reporters employed by the Cook County Judicial Circuit; one
18unit shall be court reporters employed by the 12th, 18th, 19th,
19and, on and after December 4, 2006, the 22nd judicial circuits;
20and one unit shall be court reporters employed by all other
21judicial circuits.
22    (t) "Active petition for certification in a bargaining
23unit" means a petition for certification filed with the Board
24under one of the following case numbers: S-RC-11-110;
25S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

 

 

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1S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12S-RC-07-100.
13(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1499-143, eff. 7-27-15.)
 
15    Section 7. The Illinois Governmental Ethics Act is amended
16by adding Sections 2-115 and 3-108 as follows:
 
17    (5 ILCS 420/2-115 new)
18    Sec. 2-115. Legislative Ethics Commission. Notwithstanding
19any provision of law to the contrary, a violation of any
20provision of this Article 2 is subject to the jurisdiction of
21the Legislative Ethics Commission and the Legislative Ethics
22Review Officer, including the imposition of a fine or other
23penalty. A fine or other penalty imposed by the Legislative
24Ethics Commission shall be in addition to any criminal or other

 

 

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1penalties that may otherwise be imposed for that violation.
 
2    (5 ILCS 420/3-108 new)
3    Sec. 3-108. Legislative Ethics Commission. Notwithstanding
4any provision of law to the contrary, a violation of any
5provision of this Part 1 is subject to the jurisdiction of the
6Legislative Ethics Commission and the Legislative Ethics
7Review Officer, including the imposition of a fine or other
8penalty. A fine or other penalty imposed by the Legislative
9Ethics Commission shall be in addition to any criminal or other
10penalties that may otherwise be imposed for that violation.
 
11    Section 10. The State Officials and Employees Ethics Act is
12amended by changing Section 5-45 and the heading of Article 25
13and Sections 25-5, 25-10, 25-15, 25-20, 25-21, 25-23, 25-45,
1425-50, 25-51, 25-52, 25-55, 25-65, 25-70, 25-80, 25-85, 25-86,
1525-90, and 25-95 as follows:
 
16    (5 ILCS 430/5-45)
17    Sec. 5-45. Procurement; revolving door prohibition.
18    (a) No former officer, member, or State employee, or spouse
19or immediate family member living with such person, shall,
20within a period of one year immediately after termination of
21State employment, knowingly accept employment or receive
22compensation or fees for services from a person or entity if
23the officer, member, or State employee, during the year

 

 

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1immediately preceding termination of State employment,
2participated personally and substantially in the award of State
3contracts, or the issuance of State contract change orders,
4with a cumulative value of $25,000 or more to the person or
5entity, or its parent or subsidiary.
6    (b) No former officer of the executive branch or State
7employee of the executive branch with regulatory or licensing
8authority, or spouse or immediate family member living with
9such person, shall, within a period of one year immediately
10after termination of State employment, knowingly accept
11employment or receive compensation or fees for services from a
12person or entity if the officer or State employee, during the
13year immediately preceding termination of State employment,
14participated personally and substantially in making a
15regulatory or licensing decision that directly applied to the
16person or entity, or its parent or subsidiary.
17    (c) Within 6 months after the effective date of this
18amendatory Act of the 96th General Assembly, each executive
19branch constitutional officer and legislative leader, the
20Auditor General, and the Joint Committee on Legislative Support
21Services shall adopt a policy delineating which State positions
22under his or her jurisdiction and control, by the nature of
23their duties, may have the authority to participate personally
24and substantially in the award of State contracts or in
25regulatory or licensing decisions. The Governor shall adopt
26such a policy for all State employees of the executive branch

 

 

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1not under the jurisdiction and control of any other executive
2branch constitutional officer.
3    The policies required under subsection (c) of this Section
4shall be filed with the appropriate ethics commission
5established under this Act or, for the Auditor General, with
6the Office of the Auditor General.
7    (d) Each Inspector General shall have the authority to
8determine that additional State positions under his or her
9jurisdiction, not otherwise subject to the policies required by
10subsection (c) of this Section, are nonetheless subject to the
11notification requirement of subsection (f) below due to their
12involvement in the award of State contracts or in regulatory or
13licensing decisions.
14    (e) The Joint Committee on Legislative Support Services,
15the Auditor General, and each of the executive branch
16constitutional officers and legislative leaders subject to
17subsection (c) of this Section shall provide written
18notification to all employees in positions subject to the
19policies required by subsection (c) or a determination made
20under subsection (d): (1) upon hiring, promotion, or transfer
21into the relevant position; and (2) at the time the employee's
22duties are changed in such a way as to qualify that employee.
23An employee receiving notification must certify in writing that
24the person was advised of the prohibition and the requirement
25to notify the appropriate Inspector General in subsection (f).
26    (f) Any State employee in a position subject to the

 

 

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1policies required by subsection (c) or to a determination under
2subsection (d), but who does not fall within the prohibition of
3subsection (h) below, who is offered non-State employment
4during State employment or within a period of one year
5immediately after termination of State employment shall, prior
6to accepting such non-State employment, notify the appropriate
7Inspector General. Within 10 calendar days after receiving
8notification from an employee in a position subject to the
9policies required by subsection (c), such Inspector General
10shall make a determination as to whether the State employee is
11restricted from accepting such employment by subsection (a) or
12(b). In making a determination, in addition to any other
13relevant information, an Inspector General shall assess the
14effect of the prospective employment or relationship upon
15decisions referred to in subsections (a) and (b), based on the
16totality of the participation by the former officer, member, or
17State employee in those decisions. A determination by an
18Inspector General must be in writing, signed and dated by the
19Inspector General, and delivered to the subject of the
20determination within 10 calendar days or the person is deemed
21eligible for the employment opportunity. For purposes of this
22subsection, "appropriate Inspector General" means (i) for
23members and employees of the legislative branch, the
24Legislative Ethics Review Officer; Inspector General; (ii) for
25the Auditor General and employees of the Office of the Auditor
26General, the Inspector General provided for in Section 30-5 of

 

 

HB4151- 28 -LRB100 15490 JWD 30616 b

1this Act; and (iii) for executive branch officers and
2employees, the Inspector General having jurisdiction over the
3officer or employee. Notice of any determination of an
4Inspector General and of any such appeal shall be given to the
5ultimate jurisdictional authority, the Attorney General, and
6the Executive Ethics Commission.
7    (g) An Inspector General's determination regarding
8restrictions under subsection (a) or (b) may be appealed to the
9appropriate Ethics Commission by the person subject to the
10decision or the Attorney General no later than the 10th
11calendar day after the date of the determination.
12    On appeal, the Ethics Commission or Auditor General shall
13seek, accept, and consider written public comments regarding a
14determination. In deciding whether to uphold an Inspector
15General's determination, the appropriate Ethics Commission or
16Auditor General shall assess, in addition to any other relevant
17information, the effect of the prospective employment or
18relationship upon the decisions referred to in subsections (a)
19and (b), based on the totality of the participation by the
20former officer, member, or State employee in those decisions.
21The Ethics Commission shall decide whether to uphold an
22Inspector General's determination within 10 calendar days or
23the person is deemed eligible for the employment opportunity.
24    (h) The following officers, members, or State employees
25shall not, within a period of one year immediately after
26termination of office or State employment, knowingly accept

 

 

HB4151- 29 -LRB100 15490 JWD 30616 b

1employment or receive compensation or fees for services from a
2person or entity if the person or entity or its parent or
3subsidiary, during the year immediately preceding termination
4of State employment, was a party to a State contract or
5contracts with a cumulative value of $25,000 or more involving
6the officer, member, or State employee's State agency, or was
7the subject of a regulatory or licensing decision involving the
8officer, member, or State employee's State agency, regardless
9of whether he or she participated personally and substantially
10in the award of the State contract or contracts or the making
11of the regulatory or licensing decision in question:
12        (1) members or officers;
13        (2) members of a commission or board created by the
14    Illinois Constitution;
15        (3) persons whose appointment to office is subject to
16    the advice and consent of the Senate;
17        (4) the head of a department, commission, board,
18    division, bureau, authority, or other administrative unit
19    within the government of this State;
20        (5) chief procurement officers, State purchasing
21    officers, and their designees whose duties are directly
22    related to State procurement; and
23        (6) chiefs of staff, deputy chiefs of staff, associate
24    chiefs of staff, assistant chiefs of staff, and deputy
25    governors.
26    (i) For the purposes of this Section, with respect to

 

 

HB4151- 30 -LRB100 15490 JWD 30616 b

1officers or employees of a regional transit board, as defined
2in this Act, the phrase "person or entity" does not include:
3(i) the United States government, (ii) the State, (iii)
4municipalities, as defined under Article VII, Section 1 of the
5Illinois Constitution, (iv) units of local government, as
6defined under Article VII, Section 1 of the Illinois
7Constitution, or (v) school districts.
8    (j) For the purposes of this Section, "Inspector General"
9as used in this Section includes persons appointed as
10Legislative Ethics Review Officers under Section 25-10 of this
11Act.
12(Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.)
 
13    (5 ILCS 430/Art. 25 heading)
14
ARTICLE 25
15
LEGISLATIVE ETHICS COMMISSION AND
16
LEGISLATIVE ETHICS REVIEW OFFICER INSPECTOR GENERAL
17(Source: P.A. 93-617, eff. 12-9-03.)
 
18    (5 ILCS 430/25-5)
19    Sec. 25-5. Legislative Ethics Commission.
20    (a) The Legislative Ethics Commission is created.
21    (b) The Legislative Ethics Commission shall consist of 8
22commissioners appointed 2 each from the Democratic and
23Republican caucuses of both the Senate and the House of
24Representatives. The Legislative Ethics Review Officer shall

 

 

HB4151- 31 -LRB100 15490 JWD 30616 b

1select the 8 commissioners randomly with the ethics officer
2legislative for each caucus present as witnesses. There shall
3also be randomly selected from each legislative caucus one
4alternate commissioner to serve the same term period as
5provided for the 8 seated commissioners under this subsection
6(b). Alternate commissioners shall replace a seated
7commissioner when: (1) a conflict of interest arises; or (2) a
8sitting commissioner cannot serve due to illness or any other
9similar incapacity that may prevent a seated commissioner from
10serving by the President and Minority Leader of the Senate and
11the Speaker and Minority Leader of the House of
12Representatives.
13    The terms of the initial commissioners shall commence upon
14qualification. Positions on the Legislative Ethics Commission
15will last 60 days, at which time new members are randomly
16chosen. During that 60 day time period, the Legislative Ethics
17Commission shall receive all findings from the Legislative
18Ethics Review Officer and render a decision based on their
19recommendations. No new findings may be submitted to the
20Legislative Ethics Commission if less than 7 calendar days
21remain in the 60 day period, to allow the Legislative Ethics
22Commission proper time to evaluate the findings before making a
23determination on whether or not to render a decision on the
24findings. Each appointing authority shall designate one
25appointee who shall serve for a 2-year term running through
26June 30, 2005. Each appointing authority shall designate one

 

 

HB4151- 32 -LRB100 15490 JWD 30616 b

1appointee who shall serve for a 4-year term running through
2June 30, 2007. The initial appointments shall be made within 60
3days after the effective date of this Act.
4    After the initial terms, commissioners shall serve for
54-year terms commencing on July 1 of the year of appointment
6and running through June 30 of the fourth following year.
7Commissioners may not be reappointed to consecutive one or more
8subsequent terms.
9    Vacancies occurring other than at the end of a term shall
10be filled by the appointing authority only for the balance of
11the term of the commissioner whose office is vacant.
12    Terms shall run regardless of whether the position is
13filled.
14    (c) Blank. The appointing authorities shall appoint
15commissioners who have experience holding governmental office
16or employment and may appoint commissioners who are members of
17the General Assembly as well as commissioners from the general
18public. A commissioner who is a member of the General Assembly
19must recuse himself or herself from participating in any matter
20relating to any investigation or proceeding in which he or she
21is the subject. A person is not eligible to serve as a
22commissioner if that person (i) has been convicted of a felony
23or a crime of dishonesty or moral turpitude, (ii) is, or was
24within the preceding 12 months, engaged in activities that
25require registration under the Lobbyist Registration Act,
26(iii) is a relative of the appointing authority, or (iv) is a

 

 

HB4151- 33 -LRB100 15490 JWD 30616 b

1State officer or employee other than a member of the General
2Assembly.
3    (d) The Legislative Ethics Commission shall have
4jurisdiction over members of the General Assembly and all State
5employees whose ultimate jurisdictional authority is (i) a
6legislative leader, (ii) the Senate Operations Commission, or
7(iii) the Joint Committee on Legislative Support Services. The
8jurisdiction of the Commission is limited to matters arising
9under this Act, and Article 2 and Part 1 of Article 3 of the
10Illinois Governmental Ethics Act.
11    An officer or executive branch State employee serving on a
12legislative branch board or commission remains subject to the
13jurisdiction of the Executive Ethics Commission and is not
14subject to the jurisdiction of the Legislative Ethics
15Commission.
16    (e) The Legislative Ethics Commission must meet, either in
17person or by other technological means, monthly or as often as
18necessary. At the first meeting of the Legislative Ethics
19Commission, the commissioners shall choose from their number a
20chairperson and other officers that they deem appropriate. The
21terms of officers shall be for 2 years commencing July 1 and
22running through June 30 of the second following year. Meetings
23shall be held at the call of the chairperson or any 3
24commissioners. Official action by the Commission shall require
25the affirmative vote of 5 commissioners, and a quorum shall
26consist of 5 commissioners. Commissioners shall receive no

 

 

HB4151- 34 -LRB100 15490 JWD 30616 b

1compensation but may be reimbursed for their reasonable
2expenses actually incurred in the performance of their duties.
3    (f) Blank. No commissioner, other than a commissioner who
4is a member of the General Assembly, or employee of the
5Legislative Ethics Commission may during his or her term of
6appointment or employment:
7        (1) become a candidate for any elective office;
8        (2) hold any other elected or appointed public office
9    except for appointments on governmental advisory boards or
10    study commissions or as otherwise expressly authorized by
11    law;
12        (3) be actively involved in the affairs of any
13    political party or political organization; or
14        (4) advocate for the appointment of another person to
15    an appointed or elected office or position or actively
16    participate in any campaign for any elective office.
17    (g) Blank. An appointing authority may remove a
18commissioner only for cause.
19    (h) The Legislative Ethics Commission shall appoint an
20Executive Director subject to the approval of at least 3 of the
214 legislative leaders. The compensation of the Executive
22Director shall be as determined by the Commission. The
23Executive Director of the Legislative Ethics Commission may
24employ, subject to the approval of at least 3 of the 4
25legislative leaders, and determine the compensation of staff,
26as appropriations permit.

 

 

HB4151- 35 -LRB100 15490 JWD 30616 b

1(Source: P.A. 96-555, eff. 8-18-09.)
 
2    (5 ILCS 430/25-10)
3    Sec. 25-10. Office of Legislative Ethics Review Officer
4Inspector General.
5    (a) The independent Office of the Legislative Ethics Review
6Officer Inspector General is created. The Office shall be under
7the direction and supervision of the Legislative Ethics Review
8Officer Inspector General and shall be a fully independent
9office with its own appropriation.
10    (b) The Legislative Ethics Review Officer Inspector
11General shall be appointed without regard to political
12affiliation and solely on the basis of integrity and
13demonstrated ability. The Legislative Ethics Commission shall
14diligently search out qualified candidates for Legislative
15Ethics Review Officer Inspector General and shall make
16recommendations to the General Assembly.
17    The Legislative Ethics Review Officer Inspector General
18shall be appointed by a joint resolution of the Senate and the
19House of Representatives, which may specify the date on which
20the appointment takes effect. A joint resolution, or other
21document as may be specified by the Joint Rules of the General
22Assembly, appointing the Legislative Ethics Review Officer
23Inspector General must be certified by the Speaker of the House
24of Representatives and the President of the Senate as having
25been adopted by the affirmative vote of three-fifths of the

 

 

HB4151- 36 -LRB100 15490 JWD 30616 b

1members elected to each house, respectively, and be filed with
2the Secretary of State. The appointment of the Legislative
3Ethics Review Officer Inspector General takes effect on the day
4the appointment is completed by the General Assembly, unless
5the appointment specifies a later date on which it is to become
6effective.
7    The Legislative Ethics Review Officer Inspector General
8shall have the following qualifications:
9        (1) has not been convicted of any felony under the laws
10    of this State, another state, or the United States;
11        (2) has earned a baccalaureate degree from an
12    institution of higher education; and
13        (3) has 5 or more years of cumulative service (A) with
14    a federal, State, or local law enforcement agency, at least
15    2 years of which have been in a progressive investigatory
16    capacity; (B) as a federal, State, or local prosecutor; (C)
17    as a senior manager or executive of a federal, State, or
18    local agency; (D) as a member, an officer, or a State or
19    federal judge; or (E) representing any combination of (A)
20    through (D).
21    The Legislative Ethics Review Officer Inspector General
22may not be a relative of a commissioner.
23    The term of the initial Legislative Ethics Review Officer
24Inspector General shall commence upon qualification and shall
25run through June 30, 2019 2008.
26    After the initial term, the Legislative Ethics Review

 

 

HB4151- 37 -LRB100 15490 JWD 30616 b

1Officer Inspector General shall serve for 5-year terms
2commencing on July 1 of the year of appointment and running
3through June 30 of the fifth following year. The Legislative
4Ethics Review Officer Inspector General may be reappointed to
5one or more subsequent terms.
6    A vacancy occurring other than at the end of a term shall
7be filled in the same manner as an appointment only for the
8balance of the term of the Legislative Ethics Review Officer
9Inspector General whose office is vacant. If the Office is
10vacant, or if a Legislative Ethics Review Officer Inspector
11General resigns, the Commission shall designate an Acting
12Legislative Ethics Review Officer Inspector General who shall
13serve until the vacancy is filled. The Commission shall file
14the designation in writing with the Secretary of State.
15    Terms shall run regardless of whether the position is
16filled.
17    (c) The Legislative Ethics Review Officer Inspector
18General shall have jurisdiction over the members of the General
19Assembly and all State employees whose ultimate jurisdictional
20authority is (i) a legislative leader, (ii) the Senate
21Operations Commission, or (iii) the Joint Committee on
22Legislative Support Services.
23    The jurisdiction of each Legislative Ethics Review Officer
24Inspector General is to investigate allegations of fraud,
25waste, abuse, mismanagement, misconduct, nonfeasance,
26misfeasance, malfeasance, or violations of this Act or

 

 

HB4151- 38 -LRB100 15490 JWD 30616 b

1violations of other related laws and rules, including, but not
2limited to, Article 2 and Part 1 of Article 3 of the Illinois
3Governmental Ethics Act.
4    (d) The compensation of the Legislative Ethics Review
5Officer Inspector General shall be the greater of an amount (i)
6determined by the Commission or (ii) by joint resolution of the
7General Assembly passed by a majority of members elected in
8each chamber. Subject to Section 25-45 of this Act, the
9Legislative Ethics Review Officer Inspector General has full
10authority to organize the Office of the Legislative Ethics
11Review Officer Inspector General, including the employment and
12determination of the compensation of staff, such as deputies,
13assistants, and other employees, as appropriations permit.
14Employment of staff is subject to the approval of at least 3 of
15the 4 legislative leaders.
16    (e) No Legislative Ethics Review Officer Inspector General
17or employee of the Office of the Legislative Ethics Review
18Officer Inspector General may, during his or her term of
19appointment or employment:
20        (1) become a candidate for any elective office;
21        (2) hold any other elected or appointed public office
22    except for appointments on governmental advisory boards or
23    study commissions or as otherwise expressly authorized by
24    law;
25        (3) be actively involved in the affairs of any
26    political party or political organization; or

 

 

HB4151- 39 -LRB100 15490 JWD 30616 b

1        (4) actively participate in any campaign for any
2    elective office.
3    In this subsection an appointed public office means a
4position authorized by law that is filled by an appointing
5authority as provided by law and does not include employment by
6hiring in the ordinary course of business.
7    (e-1) No Legislative Ethics Review Officer Inspector
8General or employee of the Office of the Legislative Ethics
9Review Officer Inspector General may, for one year after the
10termination 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 Ethics Review
18Officer Inspector General only for cause. At the time of the
19removal, the Commission 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:

 

 

HB4151- 40 -LRB100 15490 JWD 30616 b

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

 

 

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

 

 

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1    To constitute fraudulent concealment sufficient to toll
2    this limitations period, there must be an affirmative act
3    or representation calculated to prevent discovery of the
4    fact that a violation has occurred. The Legislative Ethics
5    Review Officer Inspector General shall have the discretion
6    to determine the appropriate means of investigation as
7    permitted by law. Violations of this Act include, but are
8    not limited to, the following:
9            (A) Failure of State agencies to report ex parte
10        communications with members of the General Assembly or
11        their staff regarding university admissions, hiring,
12        or personnel decisions.
13            (B) Violations of rules adopted by the Commission
14        regarding members of the General Assembly helping
15        constituents obtain employment or a favorable action.
16            (C) Votes taken by members of the General Assembly
17        when they have a conflict of interest.
18        (2) To request information relating to an
19    investigation from any person when the Legislative Ethics
20    Review Officer Inspector General deems that information
21    necessary in conducting an investigation.
22        (3) To issue subpoenas, with the advance approval of
23    the Commission, to compel the attendance of witnesses for
24    the purposes of testimony and production of documents and
25    other items for inspection and copying and to make service
26    of those subpoenas and subpoenas issued under item (7) of

 

 

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1    Section 25-15.
2        (4) To submit reports as required by this Act.
3        (5) To file pleadings in the name of the Legislative
4    Ethics Review Officer Inspector General with the
5    Legislative Ethics Commission, through the Attorney
6    General, as provided in this Article if the Attorney
7    General finds that reasonable cause exists to believe that
8    a violation has occurred.
9        (6) To assist and coordinate the ethics officers for
10    State agencies under the jurisdiction of the Legislative
11    Ethics Review Officer Inspector General and to work with
12    those ethics officers.
13        (7) To participate in or conduct, when appropriate,
14    multi-jurisdictional investigations.
15        (8) To request, as the Legislative Ethics Review
16    Officer Inspector General deems appropriate, from ethics
17    officers of State agencies under his or her jurisdiction,
18    reports or information on (i) the content of a State
19    agency's ethics training program and (ii) the percentage of
20    new officers and employees who have completed ethics
21    training.
22        (9) To establish a policy that ensures the appropriate
23    handling and correct recording of all investigations of
24    allegations and to ensure that the policy is accessible via
25    the Internet in order that those seeking to report those
26    allegations are familiar with the process and that the

 

 

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1    subjects of those allegations are treated fairly.
2        (10) To review statements of economic interest, which
3    shall be submitted by all members of, and candidates for,
4    the General Assembly, in the same manner and depth as
5    required for judges under Illinois Supreme Court Rule 68.
6(Source: P.A. 96-555, eff. 8-18-09.)
 
7    (5 ILCS 430/25-21)
8    Sec. 25-21. Special Legislative Ethics Review Officers
9Inspectors General.
10    (a) The Legislative Ethics Commission, on its own
11initiative and by majority vote, may appoint special
12Legislative Ethics Review Officers Inspectors General (i) to
13investigate alleged violations of this Act, and Article 2 and
14Part 1 of Article 3 of the Illinois Governmental Ethics Act, if
15an investigation by the Inspector General was not concluded
16within 6 months after its initiation, where the Commission
17finds that the Ethics Review Officer's Inspector General's
18reasons under Section 25-65 for failing to complete the
19investigation are insufficient and (ii) to accept referrals
20from the Commission of allegations made pursuant to this Act,
21or Article 2 or Part 1 of Article 3 of the Illinois
22Governmental Ethics Act, concerning the Legislative Ethics
23Review Officer Inspector General or an employee of the Office
24of the Legislative Ethics Review Officer Inspector General and
25to investigate those allegations.

 

 

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1    (b) A special Legislative Ethics Review Officer Inspector
2General must have the same qualifications as the Legislative
3Ethics Review Officer Inspector General appointed under
4Section 25-10.
5    (c) The Commission's appointment of a special Legislative
6Ethics Review Officer Inspector General must be in writing and
7must specify the duration and purpose of the appointment.
8    (d) A special Legislative Ethics Review Officer Inspector
9General shall have the same powers and duties with respect to
10the purpose of his or her appointment as the Legislative Ethics
11Review Officer Inspector General appointed under Section
1225-10.
13    (e) A special Legislative Ethics Review Officer Inspector
14General shall report the findings of his or her investigation
15to the Commission.
16    (f) The Commission may report the findings of a special
17Legislative Ethics Review Officer Inspector General and its
18recommendations, if any, to the General Assembly.
19(Source: P.A. 93-617, eff. 12-9-03.)
 
20    (5 ILCS 430/25-23)
21    Sec. 25-23. Ethics Officers. The President and Minority
22Leader of the Senate and the Speaker and Minority Leader of the
23House of Representatives shall each appoint an ethics officer
24for the members and employees of his or her legislative caucus.
25No later than January 1, 2004, the head of each State agency

 

 

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1under the jurisdiction of the Legislative Ethics Commission,
2other than the General Assembly, shall designate an ethics
3officer for the State agency. Ethics Officers shall:
4        (1) act as liaisons between the State agency and the
5    Legislative Ethics Review Officer Inspector General and
6    between the State agency and the Legislative Ethics
7    Commission;
8        (2) review statements of economic interest and
9    disclosure forms of officers, senior employees, and
10    contract monitors before they are filed with the Secretary
11    of State; and
12        (3) provide guidance to officers and employees in the
13    interpretation and implementation of this Act, and Article
14    2 and Part 1 of Article 3 of the Illinois Governmental
15    Ethics Act, which the officer or employee may in good faith
16    rely upon. Such guidance shall be based, wherever possible,
17    upon legal precedent in court decisions, opinions of the
18    Attorney General, and the findings and opinions of the
19    Legislative Ethics Commission; and .
20        (4) in the case of an ethics officer for a legislative
21    caucus, post in a prominent and accessible location, and
22    distribute in a manner to assure notice to all employees,
23    without exception, the employee's rights to a workplace
24    free of unethical behavior and sexual harassment. The
25    notice shall include instructions on how and where to file
26    a complaint with the Legislative Ethics Review Officer.

 

 

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1    Notice may meet, but shall not exceed, a 6th grade literacy
2    level. Distribution of notice shall be effectuated within
3    90 days of the effective date of this amendatory Act of the
4    100th General Assembly, and shall occur each year
5    thereafter.
6(Source: P.A. 93-617, eff. 12-9-03.)
 
7    (5 ILCS 430/25-45)
8    Sec. 25-45. Standing; representation.
9    (a) Only the Legislative Ethics Review Officer Inspector
10General may bring actions before the Legislative Ethics
11Commission.
12    (b) The Attorney General shall represent the Legislative
13Ethics Review Officer Inspector General in all proceedings
14before the Commission. Whenever the Attorney General is sick or
15absent, or unable to attend, or is interested in any matter or
16proceeding under this Act, or Article 2 or Part 1 of Article 3
17of the Illinois Governmental Ethics Act, upon the filing of a
18petition under seal by any person with standing, the Supreme
19Court (or any other court of competent jurisdiction as
20designated and determined by rule of the Supreme Court) may
21appoint some competent attorney to prosecute or defend that
22matter or proceeding, and the attorney so appointed shall have
23the same power and authority in relation to that matter or
24proceeding as the Attorney General would have had if present
25and attending to the same.

 

 

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1    (c) Attorneys representing an Inspector General in
2proceedings before the Legislative Ethics Commission, except
3an attorney appointed under subsection (b), shall be appointed
4or retained by the Attorney General, shall be under the
5supervision, direction, and control of the Attorney General,
6and shall serve at the pleasure of the Attorney General. The
7compensation of any attorneys appointed or retained in
8accordance with this subsection or subsection (b) shall be paid
9by the Office of the Legislative Ethics Review Officer
10Inspector General.
11(Source: P.A. 93-617, eff. 12-9-03.)
 
12    (5 ILCS 430/25-50)
13    Sec. 25-50. Investigation reports.
14    (a) If the Legislative Ethics Review Officer Inspector
15General, upon the conclusion of an investigation, determines
16that reasonable cause exists to believe that a violation has
17occurred, then the Legislative Ethics Review Officer Inspector
18General shall issue a summary report of the investigation. The
19report shall be delivered to the appropriate ultimate
20jurisdictional authority and to the head of each State agency
21affected by or involved in the investigation, if appropriate.
22The appropriate ultimate jurisdictional authority or agency
23head shall respond to the summary report within 20 days, in
24writing, to the Legislative Ethics Review Officer Inspector
25General. The response shall include a description of any

 

 

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1corrective or disciplinary action to be imposed.
2    (b) The summary report of the investigation shall include
3the following:
4        (1) A description of any allegations or other
5    information received by the Legislative Ethics Review
6    Officer Inspector General pertinent to the investigation.
7        (2) A description of any alleged misconduct discovered
8    in the course of the investigation.
9        (3) Recommendations for any corrective or disciplinary
10    action to be taken in response to any alleged misconduct
11    described in the report, including but not limited to
12    discharge.
13        (4) Other information the Legislative Inspector
14    General deems relevant to the investigation or resulting
15    recommendations.
16    (c) Within 30 days after receiving a response from the
17appropriate ultimate jurisdictional authority or agency head
18under subsection (a), the Legislative Ethics Review Officer
19Inspector General shall notify the Commission and the Attorney
20General if the Legislative Ethics Review Officer Inspector
21General believes that a complaint should be filed with the
22Commission. If the Legislative Ethics Review Officer Inspector
23General desires to file a complaint with the Commission, the
24Legislative Ethics Review Officer Inspector General shall
25submit the summary report and supporting documents to the
26Attorney General. If the Attorney General concludes that there

 

 

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1is insufficient evidence that a violation has occurred, the
2Attorney General shall notify the Legislative Ethics Review
3Officer Inspector General and the Legislative Ethics Review
4Officer Inspector General shall deliver to the Legislative
5Ethics Commission a copy of the summary report and response
6from the ultimate jurisdictional authority or agency head. If
7the Attorney General determines that reasonable cause exists to
8believe that a violation has occurred, then the Legislative
9Ethics Review Officer Inspector General, represented by the
10Attorney General, may file with the Legislative Ethics
11Commission a complaint. The complaint shall set forth the
12alleged violation and the grounds that exist to support the
13complaint. The complaint must be filed with the Commission
14within 18 months after the most recent act of the alleged
15violation or of a series of alleged violations except where
16there is reasonable cause to believe that fraudulent
17concealment has occurred. To constitute fraudulent concealment
18sufficient to toll this limitations period, there must be an
19affirmative act or representation calculated to prevent
20discovery of the fact that a violation has occurred. If a
21complaint is not filed with the Commission within 6 months
22after notice by the Inspector General to the Commission and the
23Attorney General, then the Commission may set a meeting of the
24Commission at which the Attorney General shall appear and
25provide a status report to the Commission.
26    (c-5) Within 30 days after receiving a response from the

 

 

HB4151- 51 -LRB100 15490 JWD 30616 b

1appropriate ultimate jurisdictional authority or agency head
2under subsection (a), if the Legislative Ethics Review Officer
3Inspector General does not believe that a complaint should be
4filed, the Legislative Ethics Review Officer Inspector General
5shall deliver to the Legislative Ethics Commission a statement
6setting forth the basis for the decision not to file a
7complaint and a copy of the summary report and response from
8the ultimate jurisdictional authority or agency head. The
9Inspector General may also submit a redacted version of the
10summary report and response from the ultimate jurisdictional
11authority if the Inspector General believes either contains
12information that, in the opinion of the Inspector General,
13should be redacted prior to releasing the report, may interfere
14with an ongoing investigation, or identifies an informant or
15complainant.
16    (c-10) If, after reviewing the documents, the Commission
17believes that further investigation is warranted, the
18Commission may request that the Legislative Ethics Review
19Officer Inspector General provide additional information or
20conduct further investigation. The Commission may also refer
21the summary report and response from the ultimate
22jurisdictional authority to the Attorney General for further
23investigation or review. If the Commission requests the
24Attorney General to investigate or review, the Commission must
25notify the Attorney General and the Legislative Ethics Review
26Officer Inspector General. The Attorney General may not begin

 

 

HB4151- 52 -LRB100 15490 JWD 30616 b

1an investigation or review until receipt of notice from the
2Commission. If, after review, the Attorney General determines
3that reasonable cause exists to believe that a violation has
4occurred, then the Attorney General may file a complaint with
5the Legislative Ethics Commission. If the Attorney General
6concludes that there is insufficient evidence that a violation
7has occurred, the Attorney General shall notify the Legislative
8Ethics Commission and the appropriate Legislative Ethics
9Review Officer Inspector General.
10    (d) A copy of the complaint filed with the Legislative
11Ethics Commission must be served on all respondents named in
12the complaint and on each respondent's ultimate jurisdictional
13authority in the same manner as process is served under the
14Code of Civil Procedure.
15    (e) A respondent may file objections to the complaint
16within 30 days after notice of the petition has been served on
17the respondent.
18    (f) The Commission shall meet, at least 30 days after the
19complaint is served on all respondents either in person or by
20telephone, in a closed session to review the sufficiency of the
21complaint. The Commission shall issue notice by certified mail,
22return receipt requested, to the Legislative Ethics Review
23Officer Inspector General, the Attorney General, and all
24respondents of the Commission's ruling on the sufficiency of
25the complaint. If the complaint is deemed to sufficiently
26allege a violation of this Act, or Article 2 or Part 1 of

 

 

HB4151- 53 -LRB100 15490 JWD 30616 b

1Article 3 of the Illinois Governmental Ethics Act, then the
2Commission shall include a hearing date scheduled within 4
3weeks after the date of the notice, unless all of the parties
4consent to a later date. If the complaint is deemed not to
5sufficiently allege a violation, then the Commission shall send
6by certified mail, return receipt requested, a notice to the
7Legislative Ethics Review Officer Inspector General, the
8Attorney General, and all respondents the decision to dismiss
9the complaint.
10    (g) On the scheduled date the Commission shall conduct a
11closed meeting, either in person or, if the parties consent, by
12telephone, on the complaint and allow all parties the
13opportunity to present testimony and evidence. All such
14proceedings shall be transcribed.
15    (h) Within an appropriate time limit set by rules of the
16Legislative Ethics Commission, the Commission shall (i)
17dismiss the complaint, (ii) issue a recommendation of
18discipline to the respondent and the respondent's ultimate
19jurisdictional authority, (ii-5) censure the respondent, (iii)
20impose an administrative fine not to exceed $25,000 per
21violation upon the respondent, (iv) issue injunctive relief as
22described in Section 50-10, or (v) impose a combination of (ii)
23through (iv).
24    (i) The proceedings on any complaint filed with the
25Commission shall be conducted pursuant to rules promulgated by
26the Commission.

 

 

HB4151- 54 -LRB100 15490 JWD 30616 b

1    (j) The Commission may designate hearing officers to
2conduct proceedings as determined by rule of the Commission.
3    (k) In all proceedings before the Commission, the standard
4of proof is by a preponderance of the evidence.
5    (l) Within 30 days after the issuance of a final
6administrative decision that concludes that a violation
7occurred, the Legislative Ethics Commission shall make public
8the entire record of proceedings before the Commission, the
9decision, any recommendation, any discipline imposed, and the
10response from the agency head or ultimate jurisdictional
11authority to the Legislative Ethics Commission.
12(Source: P.A. 96-555, eff. 8-18-09.)
 
13    (5 ILCS 430/25-51)
14    Sec. 25-51. Closed investigations. When the Legislative
15Ethics Review Officer Inspector General concludes that there is
16insufficient evidence that a violation has occurred, the
17Inspector General shall close the investigation. The
18Legislative Ethics Review Officer Inspector General shall
19provide the Commission with a written statement of the decision
20to close the investigation. At the request of the subject of
21the investigation, the Legislative Ethics Review Officer
22Inspector General shall provide a written statement to the
23subject of the investigation of the Ethics Review Officer's
24Inspector General's decision to close the investigation.
25Closure by the Legislative Ethics Review Officer Inspector

 

 

HB4151- 55 -LRB100 15490 JWD 30616 b

1General does not bar the Ethics Review Officer Inspector
2General from resuming the investigation if circumstances
3warrant. The Commission also has the discretion to request that
4the Legislative Ethics Review Officer Inspector General
5conduct further investigation of any matter closed pursuant to
6this Section, or to refer the allegations to the Attorney
7General for further review or investigation. If the Commission
8requests the Attorney General to investigate or review, the
9Commission must notify the Attorney General and the Ethics
10Review Officer. Inspector General. The Attorney General may not
11begin an investigation or review until receipt of notice from
12the Commission.
13(Source: P.A. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/25-52)
15    Sec. 25-52. Release of summary reports.
16    (a) Within 60 days after receipt of a summary report and
17response from the ultimate jurisdictional authority or agency
18head that resulted in a suspension of at least 3 days, or
19termination of employment, or finding of misconduct by a member
20of the General Assembly, the Legislative Ethics Commission
21shall make available to the public the report and response or a
22redacted version of the report and response. The Legislative
23Ethics Commission may make available to the public any other
24summary report and response of the ultimate jurisdictional
25authority or agency head or a redacted version of the report

 

 

HB4151- 56 -LRB100 15490 JWD 30616 b

1and response.
2    (b) The Legislative Ethics Commission shall redact
3information in the summary report that may reveal the identity
4of witnesses, complainants, or informants or if the Commission
5determines it is appropriate to protect the identity of a
6person before publication. The Commission may also redact any
7information it believes should not be made public. Prior to
8publication, the Commission shall permit the respondents,
9Legislative Ethics Review Officer, Inspector General, and
10Attorney General to review documents to be made public and
11offer suggestions for redaction or provide a response that
12shall be made public with the summary report.
13    (c) The Legislative Ethics Commission may withhold
14publication of the report or response if the Legislative Ethics
15Review Officer Inspector General or Attorney General certifies
16that publication will interfere with an ongoing investigation.
17(Source: P.A. 96-555, eff. 8-18-09.)
 
18    (5 ILCS 430/25-55)
19    Sec. 25-55. Decisions; recommendations.
20    (a) All decisions of the Legislative Ethics Commission must
21include a description of the alleged misconduct, the decision
22of the Commission, including any fines levied and any
23recommendation of discipline, and the reasoning for that
24decision. All decisions of the Commission shall be delivered to
25the head of the appropriate State agency, the appropriate

 

 

HB4151- 57 -LRB100 15490 JWD 30616 b

1ultimate jurisdictional authority, and the Legislative Ethics
2Review Officer Inspector General. The Legislative Ethics
3Commission shall promulgate rules for the decision and
4recommendation process.
5    (b) If the Legislative Ethics Commission issues a
6recommendation of discipline to an agency head or ultimate
7jurisdictional authority, that agency head or ultimate
8jurisdictional authority must respond to that recommendation
9in 30 days with a written response to the Legislative Ethics
10Commission. This response must include any disciplinary action
11the agency head or ultimate jurisdictional authority has taken
12with respect to the officer or employee in question. If the
13agency head or ultimate jurisdictional authority did not take
14any disciplinary action, or took a different disciplinary
15action than that recommended by the Legislative Ethics
16Commission, the agency head or ultimate jurisdictional
17authority must describe the different action and explain the
18reasons for the different action in the written response. This
19response must be served upon the Legislative Ethics Commission
20and the Legislative Ethics Review Officer Inspector General
21within the 30-day period and is not exempt from the provisions
22of the Freedom of Information Act.
23(Source: P.A. 93-617, eff. 12-9-03.)
 
24    (5 ILCS 430/25-65)
25    Sec. 25-65. Reporting of investigations.

 

 

HB4151- 58 -LRB100 15490 JWD 30616 b

1    (a) The Legislative Ethics Review Officer Inspector
2General shall file a monthly quarterly activity report with the
3Legislative Ethics Commission that reflects investigative
4activity during the previous month quarter. The Legislative
5Ethics Commission shall establish the reporting dates. The
6activity report shall include at least the following:
7        (1) A summary of any investigation opened during the
8    preceding month quarter, the affected office, agency or
9    agencies, the investigation's unique tracking number, and
10    a brief statement of the general nature of the allegation
11    or allegations.
12        (2) A summary of any investigation closed during the
13    preceding month quarter, the affected office, agency or
14    agencies, the investigation's unique tracking number, and
15    a brief statement of the general nature of the allegation
16    or allegations.
17        (3) The status of an ongoing investigation that
18    remained open at the end of the month quarter, the affected
19    office, agency or agencies, the investigation's unique
20    tracking number, and a brief statement of the general
21    nature of the investigation.
22    (b) If any investigation is not concluded within 2 6 months
23after its initiation, the Legislative Ethics Review Officer
24Inspector General shall file a 2-month 6-month report with the
25Legislative Ethics Commission no later than 10 days after the
26second 6th month. The 2-month 6-month report shall disclose:

 

 

HB4151- 59 -LRB100 15490 JWD 30616 b

1        (1) The general nature of the allegation or information
2    giving rise to the investigation, the title or job duties
3    of the subjects of the investigation, and the
4    investigation's unique tracking number.
5        (2) The date of the last alleged violation of this Act,
6    or of Article 2 or Part 1 of Article 3 of the Illinois
7    Governmental Ethics Act, or other State law giving rise to
8    the investigation.
9        (3) Whether the Legislative Ethics Review Officer
10    Inspector General has found credible the allegations of
11    criminal conduct.
12        (4) Whether the allegation has been referred to an
13    appropriate law enforcement agency and the identity of the
14    law enforcement agency to which those allegations were
15    referred.
16        (5) If an allegation has not been referred to an
17    appropriate law enforcement agency, the reasons for the
18    failure to complete the investigation within 2 6 months, a
19    summary of the investigative steps taken, additional
20    investigative steps contemplated at the time of the report,
21    and an estimate of additional time necessary to complete
22    the investigation.
23        (6) Any other information deemed necessary by the
24    Legislative Ethics Commission in determining whether to
25    appoint a Special Ethics Review Officer Inspector General.
26    (c) If the Legislative Ethics Review Officer Inspector

 

 

HB4151- 60 -LRB100 15490 JWD 30616 b

1General has referred an allegation to an appropriate law
2enforcement agency and continues to investigate the matter, the
3future reporting requirements of this Section are suspended.
4(Source: P.A. 96-555, eff. 8-18-09.)
 
5    (5 ILCS 430/25-70)
6    Sec. 25-70. Cooperation in investigations. It is the duty
7of every officer and employee under the jurisdiction of the
8Legislative Ethics Review Officer Inspector General, including
9any inspector general serving in any State agency under the
10jurisdiction of the Legislative Ethics Review Officer
11Inspector General, to cooperate with the Legislative Ethics
12Review Officer Inspector General in any investigation
13undertaken pursuant to this Act, or Article 2 or Part 1 of
14Article 3 of the Illinois Governmental Ethics Act. Failure to
15cooperate with an investigation of the Legislative Ethics
16Review Officer Inspector General is grounds for disciplinary
17action, including dismissal. Nothing in this Section limits or
18alters a person's existing rights or privileges under State or
19federal law.
20(Source: P.A. 93-617, eff. 12-9-03.)
 
21    (5 ILCS 430/25-80)
22    Sec. 25-80. Referrals of investigations. If the
23Legislative Ethics Review Officer Inspector General determines
24that any alleged misconduct involves any person not subject to

 

 

HB4151- 61 -LRB100 15490 JWD 30616 b

1the jurisdiction of the Legislative Ethics Commission, the
2Legislative Ethics Review Officer Inspector General shall
3refer the reported allegations to the appropriate ethics
4commission or other appropriate body. If the Legislative Ethics
5Review Officer Inspector General determines that any alleged
6misconduct may give rise to criminal penalties, the Legislative
7Ethics Review Officer Inspector General may refer the
8allegations regarding that misconduct to the appropriate law
9enforcement authority.
10(Source: P.A. 93-617, eff. 12-9-03.)
 
11    (5 ILCS 430/25-85)
12    Sec. 25-85. Monthly Quarterly reports by the Legislative
13Ethics Review Officer Inspector General. The Legislative
14Ethics Review Officer Inspector General shall submit monthly
15quarterly reports to the General Assembly and the Legislative
16Ethics Commission, on dates determined by the Legislative
17Ethics Commission, indicating:
18        (1) the number of allegations received since the date
19    of the last report;
20        (2) the number of investigations initiated since the
21    date of the last report;
22        (3) the number of investigations concluded since the
23    date of the last report;
24        (4) the number of investigations pending as of the
25    reporting date;

 

 

HB4151- 62 -LRB100 15490 JWD 30616 b

1        (5) the number of complaints forwarded to the Attorney
2    General since the date of the last report; and
3        (6) the number of actions filed with the Legislative
4    Ethics Commission since the date of the last report and the
5    number of actions pending before the Legislative Ethics
6    Commission as of the reporting date.
7(Source: P.A. 93-617, eff. 12-9-03.)
 
8    (5 ILCS 430/25-86)
9    Sec. 25-86. Quarterly reports by the Attorney General. The
10Attorney General shall submit quarterly reports to the
11Legislative Ethics Commission, on dates determined by the
12Legislative Ethics Commission, indicating:
13        (1) the number of complaints received from the
14    Legislative Ethics Review Officer Inspector General since
15    the date of the last report;
16        (2) the number of complaints for which the Attorney
17    General has determined reasonable cause exists to believe
18    that a violation has occurred since the date of the last
19    report; and
20        (3) the number of complaints still under review by the
21    Attorney General.
22(Source: P.A. 93-617, eff. 12-9-03.)
 
23    (5 ILCS 430/25-90)
24    Sec. 25-90. Confidentiality.

 

 

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1    (a) The identity of any individual providing information or
2reporting any possible or alleged misconduct to the Legislative
3Ethics Review Officer Inspector General or the Legislative
4Ethics Commission shall be kept confidential and may not be
5disclosed without the consent of that individual, unless the
6individual consents to disclosure of his or her name or
7disclosure of the individual's identity is otherwise required
8by law. The confidentiality granted by this subsection does not
9preclude the disclosure of the identity of a person in any
10capacity other than as the source of an allegation.
11    (b) Subject to the provisions of Section 25-50(c),
12commissioners, employees, and agents of the Legislative Ethics
13Commission, the Legislative Ethics Review Officer Inspector
14General, and employees and agents of the Office of the
15Legislative Ethics Review Officer Inspector General shall keep
16confidential and shall not disclose information exempted from
17disclosure under the Freedom of Information Act or by this Act.
18(Source: P.A. 93-617, eff. 12-9-03.)
 
19    (5 ILCS 430/25-95)
20    Sec. 25-95. Exemptions.
21    (a) Documents generated by an ethics officer under this
22Act, except Section 5-50, are exempt from the provisions of the
23Freedom of Information Act.
24    (a-5) Requests from ethics officers, members, and State
25employees to the Office of the Legislative Ethics Review

 

 

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1Officer Inspector General, a Special Legislative Ethics Review
2Officer Inspector General, the Legislative Ethics Commission,
3an ethics officer, or a person designated by a legislative
4leader for guidance on matters involving the interpretation or
5application of this Act, or of Article 2 or Part 1 of Article 3
6of the Illinois Governmental Ethics Act, or rules promulgated
7under this Act are exempt from the provisions of the Freedom of
8Information Act. Guidance provided to an ethics officer,
9member, or State employee at the request of an ethics officer,
10member, or State employee by the Office of the Legislative
11Ethics Review Officer Inspector General, a Special Legislative
12Ethics Review Officer Inspector General, the Legislative
13Ethics Commission, an ethics officer, or a person designated by
14a legislative leader on matters involving the interpretation or
15application of this Act or rules promulgated under this Act is
16exempt from the provisions of the Freedom of Information Act.
17    (b) Summary investigation reports released by the
18Legislative Ethics Commission as provided in Section 25-52 are
19public records. Otherwise, any allegations and related
20documents submitted to the Legislative Ethics Review Officer
21Inspector General and any pleadings and related documents
22brought before the Legislative Ethics Commission are exempt
23from the provisions of the Freedom of Information Act so long
24as the Legislative Ethics Commission does not make a finding of
25a violation of this Act, or Article 2 or Part 1 of Article 3 of
26the Illinois Governmental Ethics Act. If the Legislative Ethics

 

 

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1Commission finds that a violation has occurred, the entire
2record of proceedings before the Commission, the decision and
3recommendation, and the mandatory report from the agency head
4or ultimate jurisdictional authority to the Legislative Ethics
5Commission are not exempt from the provisions of the Freedom of
6Information Act but information contained therein that is
7exempt from the Freedom of Information Act must be redacted
8before disclosure as provided in Section 8 of the Freedom of
9Information Act.
10    (c) Meetings of the Commission are exempt from the
11provisions of the Open Meetings Act.
12    (d) Unless otherwise provided in this Act, all
13investigatory files and reports of the Office of the
14Legislative Ethics Review Officer Inspector General, other
15than monthly reports, are confidential, are exempt from
16disclosure under the Freedom of Information Act, and shall not
17be divulged to any person or agency, except as necessary (i) to
18the appropriate law enforcement authority if the matter is
19referred pursuant to this Act, (ii) to the ultimate
20jurisdictional authority, or (iii) to the Legislative Ethics
21Commission.
22(Source: P.A. 96-555, eff. 8-18-09.)
 
23    Section 15. The State Budget Law of the Civil
24Administrative Code of Illinois is amended by changing Section
2550-22 as follows:
 

 

 

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1    (15 ILCS 20/50-22)
2    Sec. 50-22. Funding for salaries of General Assembly
3members and judges; legislative operations.
4    (a) Beginning July 1, 2014, the aggregate appropriations
5available for salaries for members of the General Assembly and
6judges from all State funds for each State fiscal year shall be
7no less than the total aggregate appropriations made available
8for salaries for members of the General Assembly and judges for
9the immediately preceding fiscal year.
10    (b) Beginning July 1, 2014, the aggregate appropriations
11available for legislative operations from all State funds for
12each State fiscal year shall be no less than the total
13aggregate appropriations made available for legislative
14operations for the immediately preceding fiscal year. For
15purposes of this subsection (b), "legislative operations"
16means any expenditure for the operation of the Office of the
17Auditor General, the House of Representatives, the Senate, the
18Legislative Ethics Commission, the Office of the Legislative
19Ethics Review Officer Inspector General, the Joint Committee on
20Legislative Support Services, and the legislative support
21services agencies.
22    (c) If for any reason the aggregate appropriations made
23available are insufficient to meet the levels required by
24subsections (a) and (b) of this Section, this Section shall
25constitute a continuing appropriation of all amounts necessary

 

 

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1for these purposes. The General Assembly may appropriate lesser
2amounts by law.
3(Source: P.A. 98-682, eff. 6-30-14.)
 
4    Section 20. The Personnel Code is amended by changing
5Section 4c as follows:
 
6    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
7    Sec. 4c. General exemptions. The following positions in
8State service shall be exempt from jurisdictions A, B, and C,
9unless the jurisdictions shall be extended as provided in this
10Act:
11        (1) All officers elected by the people.
12        (2) All positions under the Lieutenant Governor,
13    Secretary of State, State Treasurer, State Comptroller,
14    State Board of Education, Clerk of the Supreme Court,
15    Attorney General, and State Board of Elections.
16        (3) Judges, and officers and employees of the courts,
17    and notaries public.
18        (4) All officers and employees of the Illinois General
19    Assembly, all employees of legislative commissions, all
20    officers and employees of the Illinois Legislative
21    Reference Bureau, the Legislative Research Unit, and the
22    Legislative Printing Unit.
23        (5) All positions in the Illinois National Guard and
24    Illinois State Guard, paid from federal funds or positions

 

 

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1    in the State Military Service filled by enlistment and paid
2    from State funds.
3        (6) All employees of the Governor at the executive
4    mansion and on his immediate personal staff.
5        (7) Directors of Departments, the Adjutant General,
6    the Assistant Adjutant General, the Director of the
7    Illinois Emergency Management Agency, members of boards
8    and commissions, and all other positions appointed by the
9    Governor by and with the consent of the Senate.
10        (8) The presidents, other principal administrative
11    officers, and teaching, research and extension faculties
12    of Chicago State University, Eastern Illinois University,
13    Governors State University, Illinois State University,
14    Northeastern Illinois University, Northern Illinois
15    University, Western Illinois University, the Illinois
16    Community College Board, Southern Illinois University,
17    Illinois Board of Higher Education, University of
18    Illinois, State Universities Civil Service System,
19    University Retirement System of Illinois, and the
20    administrative officers and scientific and technical staff
21    of the Illinois State Museum.
22        (9) All other employees except the presidents, other
23    principal administrative officers, and teaching, research
24    and extension faculties of the universities under the
25    jurisdiction of the Board of Regents and the colleges and
26    universities under the jurisdiction of the Board of

 

 

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1    Governors of State Colleges and Universities, Illinois
2    Community College Board, Southern Illinois University,
3    Illinois Board of Higher Education, Board of Governors of
4    State Colleges and Universities, the Board of Regents,
5    University of Illinois, State Universities Civil Service
6    System, University Retirement System of Illinois, so long
7    as these are subject to the provisions of the State
8    Universities Civil Service Act.
9        (10) The State Police so long as they are subject to
10    the merit provisions of the State Police Act.
11        (11) (Blank).
12        (12) The technical and engineering staffs of the
13    Department of Transportation, the Department of Nuclear
14    Safety, the Pollution Control Board, and the Illinois
15    Commerce Commission, and the technical and engineering
16    staff providing architectural and engineering services in
17    the Department of Central Management Services.
18        (13) All employees of the Illinois State Toll Highway
19    Authority.
20        (14) The Secretary of the Illinois Workers'
21    Compensation Commission.
22        (15) All persons who are appointed or employed by the
23    Director of Insurance under authority of Section 202 of the
24    Illinois Insurance Code to assist the Director of Insurance
25    in discharging his responsibilities relating to the
26    rehabilitation, liquidation, conservation, and dissolution

 

 

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1    of companies that are subject to the jurisdiction of the
2    Illinois Insurance Code.
3        (16) All employees of the St. Louis Metropolitan Area
4    Airport Authority.
5        (17) All investment officers employed by the Illinois
6    State Board of Investment.
7        (18) Employees of the Illinois Young Adult
8    Conservation Corps program, administered by the Illinois
9    Department of Natural Resources, authorized grantee under
10    Title VIII of the Comprehensive Employment and Training Act
11    of 1973, 29 USC 993.
12        (19) Seasonal employees of the Department of
13    Agriculture for the operation of the Illinois State Fair
14    and the DuQuoin State Fair, no one person receiving more
15    than 29 days of such employment in any calendar year.
16        (20) All "temporary" employees hired under the
17    Department of Natural Resources' Illinois Conservation
18    Service, a youth employment program that hires young people
19    to work in State parks for a period of one year or less.
20        (21) All hearing officers of the Human Rights
21    Commission.
22        (22) All employees of the Illinois Mathematics and
23    Science Academy.
24        (23) All employees of the Kankakee River Valley Area
25    Airport Authority.
26        (24) The commissioners and employees of the Executive

 

 

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1    Ethics Commission.
2        (25) The Executive Inspectors General, including
3    special Executive Inspectors General, and employees of
4    each Office of an Executive Inspector General.
5        (26) The commissioners and employees of the
6    Legislative Ethics Commission.
7        (27) The Legislative Ethics Review Officer Inspector
8    General, including special Legislative Ethics Review
9    Officers Inspectors General, and employees of the Office of
10    the Legislative Ethics Review Officer Inspector General.
11        (28) The Auditor General's Inspector General and
12    employees of the Office of the Auditor General's Inspector
13    General.
14        (29) All employees of the Illinois Power Agency.
15        (30) Employees having demonstrable, defined advanced
16    skills in accounting, financial reporting, or technical
17    expertise who are employed within executive branch
18    agencies and whose duties are directly related to the
19    submission to the Office of the Comptroller of financial
20    information for the publication of the Comprehensive
21    Annual Financial Report (CAFR).
22        (31) All employees of the Illinois Sentencing Policy
23    Advisory Council.
24(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
2598-65, eff. 7-15-13.)
 

 

 

HB4151- 72 -LRB100 15490 JWD 30616 b

1    Section 25. The Illinois Pension Code is amended by
2changing Sections 1-122, 14-103.05, and 18-127 as follows:
 
3    (40 ILCS 5/1-122)
4    Sec. 1-122. Service with the Legislative Ethics Commission
5or Office of the Legislative Ethics Review Officer Inspector
6General. Notwithstanding any provision in this Code to the
7contrary, if a person serves as a part-time employee in any of
8the following positions: Legislative Ethics Review Officer
9Inspector General, Special Legislative Ethics Review Officer
10Inspector General, employee of the Office of the Legislative
11Ethics Review Officer Inspector General, Executive Director of
12the Legislative Ethics Commission, or staff of the Legislative
13Ethics Commission, then (A) no retirement annuity or other
14benefit of that person under this Code is subject to
15forfeiture, diminishment, suspension, or other impairment
16solely by virtue of that service and (B) that person does not
17participate in any pension fund or retirement system under this
18Code with respect to that service, unless that person (i) is
19qualified to so participate and (ii) affirmatively elects to so
20participate. This Section applies without regard to whether the
21person is in active service under the applicable Article of
22this Code on or after the effective date of this amendatory Act
23of the 93rd General Assembly. In this Section, a "part-time
24employee" is a person who is not required to work at least 35
25hours per week.

 

 

HB4151- 73 -LRB100 15490 JWD 30616 b

1(Source: P.A. 93-685, eff. 7-8-04.)
 
2    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
3    Sec. 14-103.05. Employee.
4    (a) Any person employed by a Department who receives salary
5for personal services rendered to the Department on a warrant
6issued pursuant to a payroll voucher certified by a Department
7and drawn by the State Comptroller upon the State Treasurer,
8including an elected official described in subparagraph (d) of
9Section 14-104, shall become an employee for purpose of
10membership in the Retirement System on the first day of such
11employment.
12    A person entering service on or after January 1, 1972 and
13prior to January 1, 1984 shall become a member as a condition
14of employment and shall begin making contributions as of the
15first day of employment.
16    A person entering service on or after January 1, 1984
17shall, upon completion of 6 months of continuous service which
18is not interrupted by a break of more than 2 months, become a
19member as a condition of employment. Contributions shall begin
20the first of the month after completion of the qualifying
21period.
22    A person employed by the Chicago Metropolitan Agency for
23Planning on the effective date of this amendatory Act of the
2495th General Assembly who was a member of this System as an
25employee of the Chicago Area Transportation Study and makes an

 

 

HB4151- 74 -LRB100 15490 JWD 30616 b

1election under Section 14-104.13 to participate in this System
2for his or her employment with the Chicago Metropolitan Agency
3for Planning.
4    The qualifying period of 6 months of service is not
5applicable to: (1) a person who has been granted credit for
6service in a position covered by the State Universities
7Retirement System, the Teachers' Retirement System of the State
8of Illinois, the General Assembly Retirement System, or the
9Judges Retirement System of Illinois unless that service has
10been forfeited under the laws of those systems; (2) a person
11entering service on or after July 1, 1991 in a noncovered
12position; (3) a person to whom Section 14-108.2a or 14-108.2b
13applies; or (4) a person to whom subsection (a-5) of this
14Section applies.
15    (a-5) A person entering service on or after December 1,
162010 shall become a member as a condition of employment and
17shall begin making contributions as of the first day of
18employment. A person serving in the qualifying period on
19December 1, 2010 will become a member on December 1, 2010 and
20shall begin making contributions as of December 1, 2010.
21    (b) The term "employee" does not include the following:
22        (1) members of the State Legislature, and persons
23    electing to become members of the General Assembly
24    Retirement System pursuant to Section 2-105;
25        (2) incumbents of offices normally filled by vote of
26    the people;

 

 

HB4151- 75 -LRB100 15490 JWD 30616 b

1        (3) except as otherwise provided in this Section, any
2    person appointed by the Governor with the advice and
3    consent of the Senate unless that person elects to
4    participate in this system;
5        (3.1) any person serving as a commissioner of an ethics
6    commission created under the State Officials and Employees
7    Ethics Act unless that person elects to participate in this
8    system with respect to that service as a commissioner;
9        (3.2) any person serving as a part-time employee in any
10    of the following positions: Legislative Ethics Review
11    Officer Inspector General, Special Legislative Ethics
12    Review Officer Inspector General, employee of the Office of
13    the Legislative Ethics Review Officer Inspector General,
14    Executive Director of the Legislative Ethics Commission,
15    or staff of the Legislative Ethics Commission, regardless
16    of whether he or she is in active service on or after July
17    8, 2004 (the effective date of Public Act 93-685), unless
18    that person elects to participate in this System with
19    respect to that service; in this item (3.2), a "part-time
20    employee" is a person who is not required to work at least
21    35 hours per week;
22        (3.3) any person who has made an election under Section
23    1-123 and who is serving either as legal counsel in the
24    Office of the Governor or as Chief Deputy Attorney General;
25        (4) except as provided in Section 14-108.2 or
26    14-108.2c, any person who is covered or eligible to be

 

 

HB4151- 76 -LRB100 15490 JWD 30616 b

1    covered by the Teachers' Retirement System of the State of
2    Illinois, the State Universities Retirement System, or the
3    Judges Retirement System of Illinois;
4        (5) an employee of a municipality or any other
5    political subdivision of the State;
6        (6) any person who becomes an employee after June 30,
7    1979 as a public service employment program participant
8    under the Federal Comprehensive Employment and Training
9    Act and whose wages or fringe benefits are paid in whole or
10    in part by funds provided under such Act;
11        (7) enrollees of the Illinois Young Adult Conservation
12    Corps program, administered by the Department of Natural
13    Resources, authorized grantee pursuant to Title VIII of the
14    "Comprehensive Employment and Training Act of 1973", 29 USC
15    993, as now or hereafter amended;
16        (8) enrollees and temporary staff of programs
17    administered by the Department of Natural Resources under
18    the Youth Conservation Corps Act of 1970;
19        (9) any person who is a member of any professional
20    licensing or disciplinary board created under an Act
21    administered by the Department of Professional Regulation
22    or a successor agency or created or re-created after the
23    effective date of this amendatory Act of 1997, and who
24    receives per diem compensation rather than a salary,
25    notwithstanding that such per diem compensation is paid by
26    warrant issued pursuant to a payroll voucher; such persons

 

 

HB4151- 77 -LRB100 15490 JWD 30616 b

1    have never been included in the membership of this System,
2    and this amendatory Act of 1987 (P.A. 84-1472) is not
3    intended to effect any change in the status of such
4    persons;
5        (10) any person who is a member of the Illinois Health
6    Care Cost Containment Council, and receives per diem
7    compensation rather than a salary, notwithstanding that
8    such per diem compensation is paid by warrant issued
9    pursuant to a payroll voucher; such persons have never been
10    included in the membership of this System, and this
11    amendatory Act of 1987 is not intended to effect any change
12    in the status of such persons;
13        (11) any person who is a member of the Oil and Gas
14    Board created by Section 1.2 of the Illinois Oil and Gas
15    Act, and receives per diem compensation rather than a
16    salary, notwithstanding that such per diem compensation is
17    paid by warrant issued pursuant to a payroll voucher;
18        (12) a person employed by the State Board of Higher
19    Education in a position with the Illinois Century Network
20    as of June 30, 2004, who remains continuously employed
21    after that date by the Department of Central Management
22    Services in a position with the Illinois Century Network
23    and participates in the Article 15 system with respect to
24    that employment;
25        (13) any person who first becomes a member of the Civil
26    Service Commission on or after January 1, 2012;

 

 

HB4151- 78 -LRB100 15490 JWD 30616 b

1        (14) any person, other than the Director of Employment
2    Security, who first becomes a member of the Board of Review
3    of the Department of Employment Security on or after
4    January 1, 2012;
5        (15) any person who first becomes a member of the Civil
6    Service Commission on or after January 1, 2012;
7        (16) any person who first becomes a member of the
8    Illinois Liquor Control Commission on or after January 1,
9    2012;
10        (17) any person who first becomes a member of the
11    Secretary of State Merit Commission on or after January 1,
12    2012;
13        (18) any person who first becomes a member of the Human
14    Rights Commission on or after January 1, 2012;
15        (19) any person who first becomes a member of the State
16    Mining Board on or after January 1, 2012;
17        (20) any person who first becomes a member of the
18    Property Tax Appeal Board on or after January 1, 2012;
19        (21) any person who first becomes a member of the
20    Illinois Racing Board on or after January 1, 2012;
21        (22) any person who first becomes a member of the
22    Department of State Police Merit Board on or after January
23    1, 2012;
24        (23) any person who first becomes a member of the
25    Illinois State Toll Highway Authority on or after January
26    1, 2012; or

 

 

HB4151- 79 -LRB100 15490 JWD 30616 b

1        (24) any person who first becomes a member of the
2    Illinois State Board of Elections on or after January 1,
3    2012.
4    (c) An individual who represents or is employed as an
5officer or employee of a statewide labor organization that
6represents members of this System may participate in the System
7and shall be deemed an employee, provided that (1) the
8individual has previously earned creditable service under this
9Article, (2) the individual files with the System an
10irrevocable election to become a participant within 6 months
11after the effective date of this amendatory Act of the 94th
12General Assembly, and (3) the individual does not receive
13credit for that employment under any other provisions of this
14Code. An employee under this subsection (c) is responsible for
15paying to the System both (i) employee contributions based on
16the actual compensation received for service with the labor
17organization and (ii) employer contributions based on the
18percentage of payroll certified by the board; all or any part
19of these contributions may be paid on the employee's behalf or
20picked up for tax purposes (if authorized under federal law) by
21the labor organization.
22    A person who is an employee as defined in this subsection
23(c) may establish service credit for similar employment prior
24to becoming an employee under this subsection by paying to the
25System for that employment the contributions specified in this
26subsection, plus interest at the effective rate from the date

 

 

HB4151- 80 -LRB100 15490 JWD 30616 b

1of service to the date of payment. However, credit shall not be
2granted under this subsection (c) for any such prior employment
3for which the applicant received credit under any other
4provision of this Code or during which the applicant was on a
5leave of absence.
6(Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
 
7    (40 ILCS 5/18-127)  (from Ch. 108 1/2, par. 18-127)
8    Sec. 18-127. Retirement annuity - suspension on
9reemployment.
10    (a) A participant receiving a retirement annuity who is
11regularly employed for compensation by an employer other than a
12county, in any capacity, shall have his or her retirement
13annuity payments suspended during such employment. Upon
14termination of such employment, retirement annuity payments at
15the previous rate shall be resumed.
16    If such a participant resumes service as a judge, he or she
17shall receive credit for any additional service. Upon
18subsequent retirement, his or her retirement annuity shall be
19the amount previously granted, plus the amount earned by the
20additional judicial service under the provisions in effect
21during the period of such additional service. However, if the
22participant was receiving the maximum rate of annuity at the
23time of re-employment, he or she may elect, in a written
24direction filed with the board, not to receive any additional
25service credit during the period of re-employment. In such

 

 

HB4151- 81 -LRB100 15490 JWD 30616 b

1case, contributions shall not be required during the period of
2re-employment. Any such election shall be irrevocable.
3    (b) Beginning January 1, 1991, any participant receiving a
4retirement annuity who accepts temporary employment from an
5employer other than a county for a period not exceeding 75
6working days in any calendar year shall not be deemed to be
7regularly employed for compensation or to have resumed service
8as a judge for the purposes of this Article. A day shall be
9considered a working day if the annuitant performs on it any of
10his duties under the temporary employment agreement.
11    (c) Except as provided in subsection (a), beginning January
121, 1993, retirement annuities shall not be subject to
13suspension upon resumption of employment for an employer, and
14any retirement annuity that is then so suspended shall be
15reinstated on that date.
16    (d) The changes made in this Section by this amendatory Act
17of 1993 shall apply to judges no longer in service on its
18effective date, as well as to judges serving on or after that
19date.
20    (e) A participant receiving a retirement annuity under this
21Article who serves as a part-time employee in any of the
22following positions: Legislative Ethics Review Officer
23Inspector General, Special Legislative Ethics Review Officer
24Inspector General, employee of the Office of the Legislative
25Ethics Review Officer Inspector General, Executive Director of
26the Legislative Ethics Commission, or staff of the Legislative

 

 

HB4151- 82 -LRB100 15490 JWD 30616 b

1Ethics Commission, but has not elected to participate in the
2Article 14 System with respect to that service, shall not be
3deemed to be regularly employed for compensation by an employer
4other than a county, nor to have resumed service as a judge, on
5the basis of that service, and the retirement annuity payments
6and other benefits of that person under this Code shall not be
7suspended, diminished, or otherwise impaired solely as a
8consequence of that service. This subsection (e) applies
9without regard to whether the person is in service as a judge
10under this Article on or after the effective date of this
11amendatory Act of the 93rd General Assembly. In this
12subsection, a "part-time employee" is a person who is not
13required to work at least 35 hours per week.
14    (f) A participant receiving a retirement annuity under this
15Article who has made an election under Section 1-123 and who is
16serving either as legal counsel in the Office of the Governor
17or as Chief Deputy Attorney General shall not be deemed to be
18regularly employed for compensation by an employer other than a
19county, nor to have resumed service as a judge, on the basis of
20that service, and the retirement annuity payments and other
21benefits of that person under this Code shall not be suspended,
22diminished, or otherwise impaired solely as a consequence of
23that service. This subsection (f) applies without regard to
24whether the person is in service as a judge under this Article
25on or after the effective date of this amendatory Act of the
2693rd General Assembly.

 

 

HB4151- 83 -LRB100 15490 JWD 30616 b

1    (g) Notwithstanding any other provision of this Article, if
2a person who first becomes a participant under this System on
3or after January 1, 2011 (the effective date of this amendatory
4Act of the 96th General Assembly) is receiving a retirement
5annuity under this Article and becomes a member or participant
6under this Article or any other Article of this Code and is
7employed on a full-time basis, then the person's retirement
8annuity under this System shall be suspended during that
9employment. Upon termination of that employment, the person's
10retirement annuity shall resume and, if appropriate, be
11recalculated under the applicable provisions of this Article.
12(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)

 

 

HB4151- 84 -LRB100 15490 JWD 30616 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 315/3from Ch. 48, par. 1603
4    5 ILCS 420/2-115 new
5    5 ILCS 420/3-108 new
6    5 ILCS 430/5-45
7    5 ILCS 430/Art. 25 heading
8    5 ILCS 430/25-5
9    5 ILCS 430/25-10
10    5 ILCS 430/25-15
11    5 ILCS 430/25-20
12    5 ILCS 430/25-21
13    5 ILCS 430/25-23
14    5 ILCS 430/25-45
15    5 ILCS 430/25-50
16    5 ILCS 430/25-51
17    5 ILCS 430/25-52
18    5 ILCS 430/25-55
19    5 ILCS 430/25-65
20    5 ILCS 430/25-70
21    5 ILCS 430/25-80
22    5 ILCS 430/25-85
23    5 ILCS 430/25-86
24    5 ILCS 430/25-90
25    5 ILCS 430/25-95

 

 

HB4151- 85 -LRB100 15490 JWD 30616 b

1    15 ILCS 20/50-22
2    20 ILCS 415/4cfrom Ch. 127, par. 63b104c
3    40 ILCS 5/1-122
4    40 ILCS 5/14-103.05from Ch. 108 1/2, par. 14-103.05
5    40 ILCS 5/18-127from Ch. 108 1/2, par. 18-127