101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3461

 

Introduced 2/14/2020, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/25-5

    Amends the State Officials and Employees Ethics Act. Provides that the terms of commissioners of the Legislative Ethics Commission serving on the Commission prior to January 1, 2021 shall be terminated on December 31, 2020. Provides for the appointment of new commissioners to the Legislative Ethics Commission on and after January 1, 2021. Provides for the appointment of 10 commissioners (currently, 8). Provides further appointment and eligibility requirements. Makes conforming and other changes.


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A BILL FOR

 

SB3461LRB101 20198 RJF 69738 b

1    AN ACT concerning ethics.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 25-5 as follows:
 
6    (5 ILCS 430/25-5)
7    Sec. 25-5. Legislative Ethics Commission.
8    (a) The Legislative Ethics Commission is created.
9    (b) The terms of commissioners of the Legislative Ethics
10Commission serving on the Commission prior to January 1, 2021
11shall be terminated on December 31, 2020. Beginning on and
12after January 1, 2021, commissioners shall be appointed as
13provided under subsection (b-5). The Legislative Ethics
14Commission shall consist of 8 commissioners appointed 2 each by
15the President and Minority Leader of the Senate and the Speaker
16and Minority Leader of the House of Representatives.
17    The terms of the initial commissioners shall commence upon
18qualification. Each appointing authority shall designate one
19appointee who shall serve for a 2-year term running through
20June 30, 2005. Each appointing authority shall designate one
21appointee who shall serve for a 4-year term running through
22June 30, 2007. The initial appointments shall be made within 60
23days after the effective date of this Act.

 

 

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1    After the initial terms, commissioners shall serve for
24-year terms commencing on July 1 of the year of appointment
3and running through June 30 of the fourth following year.
4Commissioners may be reappointed to one or more subsequent
5terms.
6    (b-5) Beginning on and after January 1, 2021, the Chief
7Justice of the Illinois Supreme Court and the most senior
8Supreme Court Justice who is not elected from the same
9political party as the Chief Justice shall select 10
10commissioners to serve on the Commission. The commissioners
11shall reflect the ethnic, gender, and racial demographics of
12Illinois. Eight of the commissioners shall represent, in equal
13number, the 2 political parties whose gubernatorial candidates
14received the greatest number of votes in the last gubernatorial
15election, and 2 of the commissioners shall represent neither of
16those parties. The 2 Justices responsible for selecting the 10
17commissioners shall consider party identification and all
18campaign contributions in determining a potential
19commissioner's eligibility. Appointees must be residents of
20the State of Illinois. Commissioners shall serve for 6-year
21terms.
22    Vacancies occurring other than at the end of a term shall
23be filled by the appointing authority only for the balance of
24the term of the commissioner whose office is vacant. Terms
25shall run regardless of whether the position is filled.
26    Commissioners must file financial disclosure statements

 

 

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1and abide by any ethics requirements established by law during
2his or her term of service on the Commission.
3    A commissioner is ineligible to serve in the General
4Assembly or to be appointed to a position subject to Senate
5confirmation for a period of 10 years after serving on the
6Commission.
7    (c) The appointing authorities shall appoint commissioners
8who have experience holding governmental office or employment
9and may appoint commissioners who are members of the General
10Assembly as well as commissioners from the general public. A
11commissioner who is a member of the General Assembly must
12recuse himself or herself from participating in any matter
13relating to any investigation or proceeding in which he or she
14is the subject or is a complainant. A person is not eligible to
15serve as a commissioner if that person (i) has been convicted
16of a felony or a crime of dishonesty or moral turpitude, (ii)
17is, or was within the preceding 12 months, engaged in
18activities that require registration under the Lobbyist
19Registration Act, including lobbying State, federal, or local
20government, (iii) is a relative of the appointing authority,
21(iv) is a State, federal, or local government employee is a
22State officer or employee other than a member of the General
23Assembly, or (v) is a candidate for statewide office, federal
24office, or judicial office, (vi) has an ownership interest in
25an entity with a State, federal, or local government contract,
26(vii) is appointed or elected to serve a political party, or

 

 

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1(viii) was, or has a spouse or immediate family member who was,
2within the previous 4 calendar years appointed or elected to a
3position with the State, federal, or local government.
4    (c-5) If a commissioner recuses is required to recuse
5himself or herself from participating in a matter as provided
6in subsection (c), the recusal shall create a temporary vacancy
7for the limited purpose of consideration of the matter for
8which the commissioner recused himself or herself, and the
9appointing authority for the recusing commissioner shall make a
10temporary appointment to fill the vacancy for consideration of
11the matter for which the commissioner recused himself or
12herself.
13    (d) The Legislative Ethics Commission shall have
14jurisdiction over current and former members of the General
15Assembly regarding events occurring during a member's term of
16office and current and former State employees regarding events
17occurring during any period of employment where the State
18employee's ultimate jurisdictional authority is (i) a
19legislative leader, (ii) the Senate Operations Commission, or
20(iii) the Joint Committee on Legislative Support Services. The
21Legislative Ethics Commission shall have jurisdiction over
22complainants and respondents in violation of subsection (d) of
23Section 25-90. The jurisdiction of the Commission is limited to
24matters arising under this Act.
25    An officer or executive branch State employee serving on a
26legislative branch board or commission remains subject to the

 

 

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1jurisdiction of the Executive Ethics Commission and is not
2subject to the jurisdiction of the Legislative Ethics
3Commission.
4    (e) The Legislative Ethics Commission must meet, either in
5person or by other technological means, monthly or as often as
6necessary. At the first meeting of the Legislative Ethics
7Commission, the commissioners shall choose from their number a
8chairperson and other officers that they deem appropriate. The
9terms of officers shall be for 2 years commencing July 1 and
10running through June 30 of the second following year. Meetings
11shall be held at the call of the chairperson or any 3
12commissioners. Official action by the Commission shall require
13the affirmative vote of 6 5 commissioners, and a quorum shall
14consist of 6 5 commissioners. Commissioners shall receive no
15compensation but may be reimbursed for their reasonable
16expenses actually incurred in the performance of their duties.
17    (f) No commissioner, other than a commissioner who is a
18member of the General Assembly, or employee of the Legislative
19Ethics Commission may during his or her term of appointment or
20employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any

 

 

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1    political party or political organization; or
2        (4) advocate for the appointment of another person to
3    an appointed or elected office or position or actively
4    participate in any campaign for any elective office.
5    (f-5) (Blank). No commissioner who is a member of the
6General Assembly may be a candidate for statewide office,
7federal office, or judicial office. If a commissioner who is a
8member of the General Assembly files petitions to be a
9candidate for a statewide office, federal office, or judicial
10office, he or she shall be deemed to have resigned from his or
11her position as a commissioner on the date his or her name is
12certified for the ballot by the State Board of Elections or
13local election authority and his or her position as a
14commissioner shall be deemed vacant. Such person may not be
15reappointed to the Commission during any time he or she is a
16candidate for statewide office, federal office, or judicial
17office.
18    (g) An appointing authority may remove a commissioner only
19for cause.
20    (h) The Legislative Ethics Commission shall appoint an
21Executive Director subject to the approval of at least 3 of the
224 legislative leaders. The compensation of the Executive
23Director shall be as determined by the Commission. The
24Executive Director of the Legislative Ethics Commission may
25employ, subject to the approval of at least 3 of the 4
26legislative leaders, and determine the compensation of staff,

 

 

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1as appropriations permit.
2    (i) In consultation with the Legislative Inspector
3General, the Legislative Ethics Commission may develop
4comprehensive training for members and employees under its
5jurisdiction that includes, but is not limited to, sexual
6harassment, employment discrimination, and workplace civility.
7The training may be recommended to the ultimate jurisdictional
8authorities and may be approved by the Commission to satisfy
9the sexual harassment training required under Section 5-10.5 or
10be provided in addition to the annual sexual harassment
11training required under Section 5-10.5. The Commission may seek
12input from governmental agencies or private entities for
13guidance in developing such training.
14(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
15101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)