SB3965 EnrolledLRB096 24159 RLJ 43594 b

1    AN ACT concerning local government.
 
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 Sections 1-5, 20-5, 20-10, 20-23, 20-90,
6and 20-95 and by adding the heading of Article 75 and Sections
775-5 and 75-10 as follows:
 
8    (5 ILCS 430/1-5)
9    Sec. 1-5. Definitions. As used in this Act:
10    "Appointee" means a person appointed to a position in or
11with a State agency, regardless of whether the position is
12compensated.
13    "Board members of Regional Transit Boards" means any person
14appointed to serve on the governing board of a Regional Transit
15Board.
16    "Campaign for elective office" means any activity in
17furtherance of an effort to influence the selection,
18nomination, election, or appointment of any individual to any
19federal, State, or local public office or office in a political
20organization, or the selection, nomination, or election of
21Presidential or Vice-Presidential electors, but does not
22include activities (i) relating to the support or opposition of
23any executive, legislative, or administrative action (as those

 

 

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1terms are defined in Section 2 of the Lobbyist Registration
2Act), (ii) relating to collective bargaining, or (iii) that are
3otherwise in furtherance of the person's official State duties.
4    "Candidate" means a person who has filed nominating papers
5or petitions for nomination or election to an elected State
6office, or who has been appointed to fill a vacancy in
7nomination, and who remains eligible for placement on the
8ballot at either a general primary election or general
9election.
10    "Collective bargaining" has the same meaning as that term
11is defined in Section 3 of the Illinois Public Labor Relations
12Act.
13    "Commission" means an ethics commission created by this
14Act.
15    "Compensated time" means any time worked by or credited to
16a State employee that counts toward any minimum work time
17requirement imposed as a condition of employment with a State
18agency, but does not include any designated State holidays or
19any period when the employee is on a leave of absence.
20    "Compensatory time off" means authorized time off earned by
21or awarded to a State employee to compensate in whole or in
22part for time worked in excess of the minimum work time
23required of that employee as a condition of employment with a
24State agency.
25    "Contribution" has the same meaning as that term is defined
26in Section 9-1.4 of the Election Code.

 

 

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1    "Employee" means (i) any person employed full-time,
2part-time, or pursuant to a contract and whose employment
3duties are subject to the direction and control of an employer
4with regard to the material details of how the work is to be
5performed or (ii) any appointed or elected commissioner,
6trustee, director, or board member of a board of a State
7agency, including any retirement system or investment board
8subject to the Illinois Pension Code or (iii) any other
9appointee.
10    "Employment benefits" include but are not limited to the
11following: modified compensation or benefit terms; compensated
12time off; or change of title, job duties, or location of office
13or employment. An employment benefit may also include favorable
14treatment in determining whether to bring any disciplinary or
15similar action or favorable treatment during the course of any
16disciplinary or similar action or other performance review.
17    "Executive branch constitutional officer" means the
18Governor, Lieutenant Governor, Attorney General, Secretary of
19State, Comptroller, and Treasurer.
20    "Gift" means any gratuity, discount, entertainment,
21hospitality, loan, forbearance, or other tangible or
22intangible item having monetary value including, but not
23limited to, cash, food and drink, and honoraria for speaking
24engagements related to or attributable to government
25employment or the official position of an employee, member, or
26officer.

 

 

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1    "Governmental entity" means a unit of local government
2(including a community college district) or a school district
3but not a State agency or a Regional Transit Board.
4    "Leave of absence" means any period during which a State
5employee does not receive (i) compensation for State
6employment, (ii) service credit towards State pension
7benefits, and (iii) health insurance benefits paid for by the
8State.
9    "Legislative branch constitutional officer" means a member
10of the General Assembly and the Auditor General.
11    "Legislative leader" means the President and Minority
12Leader of the Senate and the Speaker and Minority Leader of the
13House of Representatives.
14    "Member" means a member of the General Assembly.
15    "Officer" means an executive branch constitutional officer
16or a legislative branch constitutional officer.
17    "Political" means any activity in support of or in
18connection with any campaign for elective office or any
19political organization, but does not include activities (i)
20relating to the support or opposition of any executive,
21legislative, or administrative action (as those terms are
22defined in Section 2 of the Lobbyist Registration Act), (ii)
23relating to collective bargaining, or (iii) that are otherwise
24in furtherance of the person's official State duties or
25governmental and public service functions.
26    "Political organization" means a party, committee,

 

 

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1association, fund, or other organization (whether or not
2incorporated) that is required to file a statement of
3organization with the State Board of Elections or a county
4clerk under Section 9-3 of the Election Code, but only with
5regard to those activities that require filing with the State
6Board of Elections or a county clerk.
7    "Prohibited political activity" means:
8        (1) Preparing for, organizing, or participating in any
9    political meeting, political rally, political
10    demonstration, or other political event.
11        (2) Soliciting contributions, including but not
12    limited to the purchase of, selling, distributing, or
13    receiving payment for tickets for any political
14    fundraiser, political meeting, or other political event.
15        (3) Soliciting, planning the solicitation of, or
16    preparing any document or report regarding any thing of
17    value intended as a campaign contribution.
18        (4) Planning, conducting, or participating in a public
19    opinion poll in connection with a campaign for elective
20    office or on behalf of a political organization for
21    political purposes or for or against any referendum
22    question.
23        (5) Surveying or gathering information from potential
24    or actual voters in an election to determine probable vote
25    outcome in connection with a campaign for elective office
26    or on behalf of a political organization for political

 

 

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1    purposes or for or against any referendum question.
2        (6) Assisting at the polls on election day on behalf of
3    any political organization or candidate for elective
4    office or for or against any referendum question.
5        (7) Soliciting votes on behalf of a candidate for
6    elective office or a political organization or for or
7    against any referendum question or helping in an effort to
8    get voters to the polls.
9        (8) Initiating for circulation, preparing,
10    circulating, reviewing, or filing any petition on behalf of
11    a candidate for elective office or for or against any
12    referendum question.
13        (9) Making contributions on behalf of any candidate for
14    elective office in that capacity or in connection with a
15    campaign for elective office.
16        (10) Preparing or reviewing responses to candidate
17    questionnaires in connection with a campaign for elective
18    office or on behalf of a political organization for
19    political purposes.
20        (11) Distributing, preparing for distribution, or
21    mailing campaign literature, campaign signs, or other
22    campaign material on behalf of any candidate for elective
23    office or for or against any referendum question.
24        (12) Campaigning for any elective office or for or
25    against any referendum question.
26        (13) Managing or working on a campaign for elective

 

 

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1    office or for or against any referendum question.
2        (14) Serving as a delegate, alternate, or proxy to a
3    political party convention.
4        (15) Participating in any recount or challenge to the
5    outcome of any election, except to the extent that under
6    subsection (d) of Section 6 of Article IV of the Illinois
7    Constitution each house of the General Assembly shall judge
8    the elections, returns, and qualifications of its members.
9    "Prohibited source" means any person or entity who:
10        (1) is seeking official action (i) by the member or
11    officer or (ii) in the case of an employee, by the employee
12    or by the member, officer, State agency, or other employee
13    directing the employee;
14        (2) does business or seeks to do business (i) with the
15    member or officer or (ii) in the case of an employee, with
16    the employee or with the member, officer, State agency, or
17    other employee directing the employee;
18        (3) conducts activities regulated (i) by the member or
19    officer or (ii) in the case of an employee, by the employee
20    or by the member, officer, State agency, or other employee
21    directing the employee;
22        (4) has interests that may be substantially affected by
23    the performance or non-performance of the official duties
24    of the member, officer, or employee;
25        (5) is registered or required to be registered with the
26    Secretary of State under the Lobbyist Registration Act,

 

 

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1    except that an entity not otherwise a prohibited source
2    does not become a prohibited source merely because a
3    registered lobbyist is one of its members or serves on its
4    board of directors; or
5        (6) is an agent of, a spouse of, or an immediate family
6    member who is living with a "prohibited source".
7    "Regional Transit Boards" means (i) the Regional
8Transportation Authority created by the Regional
9Transportation Authority Act, (ii) the Suburban Bus Division
10created by the Regional Transportation Authority Act, (iii) the
11Commuter Rail Division created by the Regional Transportation
12Authority Act, and (iv) the Chicago Transit Authority created
13by the Metropolitan Transit Authority Act.
14    "State agency" includes all officers, boards, commissions
15and agencies created by the Constitution, whether in the
16executive or legislative branch; all officers, departments,
17boards, commissions, agencies, institutions, authorities,
18public institutions of higher learning as defined in Section 2
19of the Higher Education Cooperation Act (except community
20colleges), and bodies politic and corporate of the State; and
21administrative units or corporate outgrowths of the State
22government which are created by or pursuant to statute, other
23than units of local government (including community college
24districts) and their officers, school districts, and boards of
25election commissioners; and all administrative units and
26corporate outgrowths of the above and as may be created by

 

 

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1executive order of the Governor. "State agency" includes the
2General Assembly, the Senate, the House of Representatives, the
3President and Minority Leader of the Senate, the Speaker and
4Minority Leader of the House of Representatives, the Senate
5Operations Commission, and the legislative support services
6agencies. "State agency" includes the Office of the Auditor
7General. "State agency" does not include the judicial branch.
8    "State employee" means any employee of a State agency.
9    "Ultimate jurisdictional authority" means the following:
10        (1) For members, legislative partisan staff, and
11    legislative secretaries, the appropriate legislative
12    leader: President of the Senate, Minority Leader of the
13    Senate, Speaker of the House of Representatives, or
14    Minority Leader of the House of Representatives.
15        (2) For State employees who are professional staff or
16    employees of the Senate and not covered under item (1), the
17    Senate Operations Commission.
18        (3) For State employees who are professional staff or
19    employees of the House of Representatives and not covered
20    under item (1), the Speaker of the House of
21    Representatives.
22        (4) For State employees who are employees of the
23    legislative support services agencies, the Joint Committee
24    on Legislative Support Services.
25        (5) For State employees of the Auditor General, the
26    Auditor General.

 

 

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1        (6) For State employees of public institutions of
2    higher learning as defined in Section 2 of the Higher
3    Education Cooperation Act (except community colleges), the
4    board of trustees of the appropriate public institution of
5    higher learning.
6        (7) For State employees of an executive branch
7    constitutional officer other than those described in
8    paragraph (6), the appropriate executive branch
9    constitutional officer.
10        (8) For State employees not under the jurisdiction of
11    paragraph (1), (2), (3), (4), (5), (6), or (7), the
12    Governor.
13        (9) For employees of Regional Transit Boards, the
14    appropriate Regional Transit Board.
15        (10) For board members of Regional Transit Boards, the
16    Governor.
17(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555,
18eff. 8-18-09.)
 
19    (5 ILCS 430/20-5)
20    Sec. 20-5. Executive Ethics Commission.
21    (a) The Executive Ethics Commission is created.
22    (b) The Executive Ethics Commission shall consist of 9
23commissioners. The Governor shall appoint 5 commissioners, and
24the Attorney General, Secretary of State, Comptroller, and
25Treasurer shall each appoint one commissioner. Appointments

 

 

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1shall be made by and with the advice and consent of the Senate
2by three-fifths of the elected members concurring by record
3vote. Any nomination not acted upon by the Senate within 60
4session days of the receipt thereof shall be deemed to have
5received the advice and consent of the Senate. If, during a
6recess of the Senate, there is a vacancy in an office of
7commissioner, the appointing authority shall make a temporary
8appointment until the next meeting of the Senate when the
9appointing authority shall make a nomination to fill that
10office. No person rejected for an office of commissioner shall,
11except by the Senate's request, be nominated again for that
12office at the same session of the Senate or be appointed to
13that office during a recess of that Senate. No more than 5
14commissioners may be of the same political party.
15    The terms of the initial commissioners shall commence upon
16qualification. Four initial appointees of the Governor, as
17designated by the Governor, shall serve terms running through
18June 30, 2007. One initial appointee of the Governor, as
19designated by the Governor, and the initial appointees of the
20Attorney General, Secretary of State, Comptroller, and
21Treasurer shall serve terms running through June 30, 2008. The
22initial appointments shall be made within 60 days after the
23effective date of this Act.
24    After the initial terms, commissioners shall serve for
254-year terms commencing on July 1 of the year of appointment
26and running through June 30 of the fourth following year.

 

 

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1Commissioners may be reappointed to one or more subsequent
2terms.
3    Vacancies occurring other than at the end of a term shall
4be filled by the appointing authority only for the balance of
5the term of the commissioner whose office is vacant.
6    Terms shall run regardless of whether the position is
7filled.
8    (c) The appointing authorities shall appoint commissioners
9who have experience holding governmental office or employment
10and shall appoint commissioners from the general public. A
11person is not eligible to serve as a commissioner if that
12person (i) has been convicted of a felony or a crime of
13dishonesty or moral turpitude, (ii) is, or was within the
14preceding 12 months, engaged in activities that require
15registration under the Lobbyist Registration Act, (iii) is
16related to the appointing authority, or (iv) is a State officer
17or employee.
18    (d) The Executive Ethics Commission shall have
19jurisdiction over all officers and employees of State agencies
20other than the General Assembly, the Senate, the House of
21Representatives, the President and Minority Leader of the
22Senate, the Speaker and Minority Leader of the House of
23Representatives, the Senate Operations Commission, the
24legislative support services agencies, and the Office of the
25Auditor General. The Executive Ethics Commission shall have
26jurisdiction over all board members and employees of Regional

 

 

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1Transit Boards. The jurisdiction of the Commission is limited
2to matters arising under this Act, except as provided in
3subsection (d-5).
4    A member or legislative branch State employee serving on an
5executive branch board or commission remains subject to the
6jurisdiction of the Legislative Ethics Commission and is not
7subject to the jurisdiction of the Executive Ethics Commission.
8    (d-5) The Executive Ethics Commission shall have
9jurisdiction over all chief procurement officers and
10procurement compliance monitors and their respective staffs.
11The Executive Ethics Commission shall have jurisdiction over
12any matters arising under the Illinois Procurement Code if the
13Commission is given explicit authority in that Code.
14    (e) The Executive Ethics Commission must meet, either in
15person or by other technological means, at least monthly and as
16often as necessary. At the first meeting of the Executive
17Ethics Commission, the commissioners shall choose from their
18number a chairperson and other officers that they deem
19appropriate. The terms of officers shall be for 2 years
20commencing July 1 and running through June 30 of the second
21following year. Meetings shall be held at the call of the
22chairperson or any 3 commissioners. Official action by the
23Commission shall require the affirmative vote of 5
24commissioners, and a quorum shall consist of 5 commissioners.
25Commissioners shall receive compensation in an amount equal to
26the compensation of members of the State Board of Elections and

 

 

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1may be reimbursed for their reasonable expenses actually
2incurred in the performance of their duties.
3    (f) No commissioner or employee of the Executive Ethics
4Commission may during his or her term of appointment or
5employment:
6        (1) become a candidate for any elective office;
7        (2) hold any other elected or appointed public office
8    except for appointments on governmental advisory boards or
9    study commissions or as otherwise expressly authorized by
10    law;
11        (3) be actively involved in the affairs of any
12    political party or political organization; or
13        (4) advocate for the appointment of another person to
14    an appointed or elected office or position or actively
15    participate in any campaign for any elective office.
16    (g) An appointing authority may remove a commissioner only
17for cause.
18    (h) The Executive Ethics Commission shall appoint an
19Executive Director. The compensation of the Executive Director
20shall be as determined by the Commission. The Executive
21Director of the Executive Ethics Commission may employ and
22determine the compensation of staff, as appropriations permit.
23    (i) The Executive Ethics Commission shall appoint, by a
24majority of the members appointed to the Commission, chief
25procurement officers and procurement compliance monitors in
26accordance with the provisions of the Illinois Procurement

 

 

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1Code. The compensation of a chief procurement officer and
2procurement compliance monitor shall be determined by the
3Commission.
4(Source: P.A. 96-555, eff. 8-18-09.)
 
5    (5 ILCS 430/20-10)
6    Sec. 20-10. Offices of Executive Inspectors General.
7    (a) Five independent Offices of the Executive Inspector
8General are created, one each for the Governor, the Attorney
9General, the Secretary of State, the Comptroller, and the
10Treasurer. Each Office shall be under the direction and
11supervision of an Executive Inspector General and shall be a
12fully independent office with separate appropriations.
13    (b) The Governor, Attorney General, Secretary of State,
14Comptroller, and Treasurer shall each appoint an Executive
15Inspector General, without regard to political affiliation and
16solely on the basis of integrity and demonstrated ability.
17Appointments shall be made by and with the advice and consent
18of the Senate by three-fifths of the elected members concurring
19by record vote. Any nomination not acted upon by the Senate
20within 60 session days of the receipt thereof shall be deemed
21to have received the advice and consent of the Senate. If,
22during a recess of the Senate, there is a vacancy in an office
23of Executive Inspector General, the appointing authority shall
24make a temporary appointment until the next meeting of the
25Senate when the appointing authority shall make a nomination to

 

 

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1fill that office. No person rejected for an office of Executive
2Inspector General shall, except by the Senate's request, be
3nominated again for that office at the same session of the
4Senate or be appointed to that office during a recess of that
5Senate.
6    Nothing in this Article precludes the appointment by the
7Governor, Attorney General, Secretary of State, Comptroller,
8or Treasurer of any other inspector general required or
9permitted by law. The Governor, Attorney General, Secretary of
10State, Comptroller, and Treasurer each may appoint an existing
11inspector general as the Executive Inspector General required
12by this Article, provided that such an inspector general is not
13prohibited by law, rule, jurisdiction, qualification, or
14interest from serving as the Executive Inspector General
15required by this Article. An appointing authority may not
16appoint a relative as an Executive Inspector General.
17    Each Executive Inspector General shall have the following
18qualifications:
19        (1) has not been convicted of any felony under the laws
20    of this State, another State, or the United States;
21        (2) has earned a baccalaureate degree from an
22    institution of higher education; and
23        (3) has 5 or more years of cumulative service (A) with
24    a federal, State, or local law enforcement agency, at least
25    2 years of which have been in a progressive investigatory
26    capacity; (B) as a federal, State, or local prosecutor; (C)

 

 

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1    as a senior manager or executive of a federal, State, or
2    local agency; (D) as a member, an officer, or a State or
3    federal judge; or (E) representing any combination of (A)
4    through (D).
5    The term of each initial Executive Inspector General shall
6commence upon qualification and shall run through June 30,
72008. The initial appointments shall be made within 60 days
8after the effective date of this Act.
9    After the initial term, each Executive Inspector General
10shall serve for 5-year terms commencing on July 1 of the year
11of appointment and running through June 30 of the fifth
12following year. An Executive Inspector General may be
13reappointed to one or more subsequent terms.
14    A vacancy occurring other than at the end of a term shall
15be filled by the appointing authority only for the balance of
16the term of the Executive Inspector General whose office is
17vacant.
18    Terms shall run regardless of whether the position is
19filled.
20    (c) The Executive Inspector General appointed by the
21Attorney General shall have jurisdiction over the Attorney
22General and all officers and employees of, and vendors and
23others doing business with, State agencies within the
24jurisdiction of the Attorney General. The Executive Inspector
25General appointed by the Secretary of State shall have
26jurisdiction over the Secretary of State and all officers and

 

 

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1employees of, and vendors and others doing business with, State
2agencies within the jurisdiction of the Secretary of State. The
3Executive Inspector General appointed by the Comptroller shall
4have jurisdiction over the Comptroller and all officers and
5employees of, and vendors and others doing business with, State
6agencies within the jurisdiction of the Comptroller. The
7Executive Inspector General appointed by the Treasurer shall
8have jurisdiction over the Treasurer and all officers and
9employees of, and vendors and others doing business with, State
10agencies within the jurisdiction of the Treasurer. The
11Executive Inspector General appointed by the Governor shall
12have jurisdiction over (i) the Governor, (ii) the Lieutenant
13Governor, (iii) and all officers and employees of, and vendors
14and others doing business with, executive branch State agencies
15under the jurisdiction of the Executive Ethics Commission and
16not within the jurisdiction of the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, and (iv)
18all board members and employees of the Regional Transit Boards
19and all vendors and others doing business with the Regional
20Transit Boards.
21    The jurisdiction of each Executive Inspector General is to
22investigate allegations of fraud, waste, abuse, mismanagement,
23misconduct, nonfeasance, misfeasance, malfeasance, or
24violations of this Act or violations of other related laws and
25rules.
26    (d) The compensation for each Executive Inspector General

 

 

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1shall be determined by the Executive Ethics Commission and
2shall be made from appropriations made to the Comptroller for
3this purpose. Subject to Section 20-45 of this Act, each
4Executive Inspector General has full authority to organize his
5or her Office of the Executive Inspector General, including the
6employment and determination of the compensation of staff, such
7as deputies, assistants, and other employees, as
8appropriations permit. A separate appropriation shall be made
9for each Office of Executive Inspector General.
10    (e) No Executive Inspector General or employee of the
11Office of the Executive Inspector General may, during his or
12her term of appointment or employment:
13        (1) become a candidate for any elective office;
14        (2) hold any other elected or appointed public office
15    except for appointments on governmental advisory boards or
16    study commissions or as otherwise expressly authorized by
17    law;
18        (3) be actively involved in the affairs of any
19    political party or political organization; or
20        (4) advocate for the appointment of another person to
21    an appointed or elected office or position or actively
22    participate in any campaign for any elective office.
23    In this subsection an appointed public office means a
24position authorized by law that is filled by an appointing
25authority as provided by law and does not include employment by
26hiring in the ordinary course of business.

 

 

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1    (e-1) No Executive Inspector General or employee of the
2Office of the Executive Inspector General may, for one year
3after the termination of his or her appointment or employment:
4        (1) become a candidate for any elective office;
5        (2) hold any elected public office; or
6        (3) hold any appointed State, county, or local judicial
7    office.
8    (e-2) The requirements of item (3) of subsection (e-1) may
9be waived by the Executive Ethics Commission.
10    (f) An Executive Inspector General may be removed only for
11cause and may be removed only by the appointing constitutional
12officer. At the time of the removal, the appointing
13constitutional officer must report to the Executive Ethics
14Commission the justification for the removal.
15(Source: P.A. 96-555, eff. 8-18-09.)
 
16    (5 ILCS 430/20-23)
17    Sec. 20-23. Ethics Officers. Each officer and the head of
18each State agency under the jurisdiction of the Executive
19Ethics Commission shall designate an Ethics Officer for the
20office or State agency. The board of each Regional Transit
21Board shall designate an Ethics Officer. Ethics Officers shall:
22        (1) act as liaisons between the State agency or
23    Regional Transit Board and the appropriate Executive
24    Inspector General and between the State agency or Regional
25    Transit Board and the Executive Ethics Commission;

 

 

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1        (2) review statements of economic interest and
2    disclosure forms of officers, senior employees, and
3    contract monitors before they are filed with the Secretary
4    of State; and
5        (3) provide guidance to officers and employees in the
6    interpretation and implementation of this Act, which the
7    officer or employee may in good faith rely upon. Such
8    guidance shall be based, wherever possible, upon legal
9    precedent in court decisions, opinions of the Attorney
10    General, and the findings and opinions of the Executive
11    Ethics Commission.
12(Source: P.A. 93-617, eff. 12-9-03.)
 
13    (5 ILCS 430/20-90)
14    Sec. 20-90. Confidentiality.
15    (a) The identity of any individual providing information or
16reporting any possible or alleged misconduct to an Executive
17Inspector General or the Executive Ethics Commission shall be
18kept confidential and may not be disclosed without the consent
19of that individual, unless the individual consents to
20disclosure of his or her name or disclosure of the individual's
21identity is otherwise required by law. The confidentiality
22granted by this subsection does not preclude the disclosure of
23the identity of a person in any capacity other than as the
24source of an allegation.
25    (b) Subject to the provisions of Section 20-52,

 

 

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1commissioners, employees, and agents of the Executive Ethics
2Commission, the Executive Inspectors General, and employees
3and agents of each Office of an Executive Inspector General,
4the Attorney General, and the employees and agents of the
5office of the Attorney General shall keep confidential and
6shall not disclose information exempted from disclosure under
7the Freedom of Information Act or by this Act, provided the
8identity of any individual providing information or reporting
9any possible or alleged misconduct to the Executive Inspector
10General for the Governor may be disclosed to an Inspector
11General appointed or employed by a Regional Transit Board in
12accordance with Section 75-10.
13(Source: P.A. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/20-95)
15    Sec. 20-95. Exemptions.
16    (a) Documents generated by an ethics officer under this
17Act, except Section 5-50, are exempt from the provisions of the
18Freedom of Information Act.
19    (b) Any allegations and related documents submitted to an
20Executive Inspector General and any pleadings and related
21documents brought before the Executive Ethics Commission are
22exempt from the provisions of the Freedom of Information Act so
23long as the Executive Ethics Commission does not make a finding
24of a violation of this Act. If the Executive Ethics Commission
25finds that a violation has occurred, the entire record of

 

 

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1proceedings before the Commission, the decision and
2recommendation, and the response from the agency head or
3ultimate jurisdictional authority to the Executive Ethics
4Commission are not exempt from the provisions of the Freedom of
5Information Act but information contained therein that is
6otherwise exempt from the Freedom of Information Act must be
7redacted before disclosure as provided in the Freedom of
8Information Act. A summary report released by the Executive
9Ethics Commission under Section 20-52 is a public record, but
10information redacted by the Executive Ethics Commission shall
11not be part of the public record.
12    (c) Meetings of the Commission are exempt from the
13provisions of the Open Meetings Act.
14    (d) Unless otherwise provided in this Act, all
15investigatory files and reports of the Office of an Executive
16Inspector General, other than monthly reports required under
17Section 20-85, are confidential, are exempt from disclosure
18under the Freedom of Information Act, and shall not be divulged
19to any person or agency, except as necessary (i) to a law
20enforcement authority, (ii) to the ultimate jurisdictional
21authority, (iii) to the Executive Ethics Commission, ; or (iv)
22to another Inspector General appointed pursuant to this Act, or
23(v) to an Inspector General appointed or employed by a Regional
24Transit Board in accordance with Section 75-10.
25(Source: P.A. 96-555, eff. 8-18-09.)
 

 

 

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1    (5 ILCS 430/Art. 75 heading new)
2
ARTICLE 75. REGIONAL TRANSIT BOARDS

 
3    (5 ILCS 430/75-5 new)
4    Sec. 75-5. Application of the State Officials and Employees
5Ethics Act to the Regional Transit Boards.
6    (a) Beginning July 1, 2011, the provisions of Articles 1,
75, 10, 20, and 50 of this Act, as well as this Article, shall
8apply to the Regional Transit Boards. As used in Articles 1, 5,
910, 20, 50, and 75, (i) "appointee" and "officer" include a
10person appointed to serve on the board of a Regional Transit
11Board, and (ii) "employee" and "State employee" include a
12full-time, part-time, or contractual employee of a Regional
13Transit Board.
14    (b) The Executive Ethics Commission shall have
15jurisdiction over all board members and employees of the
16Regional Transit Boards. The Executive Inspector General
17appointed by the Governor shall have jurisdiction over all
18board members, employees, vendors, and others doing business
19with the Regional Transit Boards to investigate allegations of
20fraud, waste, abuse, mismanagement, misconduct, nonfeasance,
21misfeasance, malfeasance, or violations of this Act.
 
22    (5 ILCS 430/75-10 new)
23    Sec. 75-10. Coordination between Executive Inspector
24General and Inspectors General appointed by Regional Transit

 

 

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1Boards.
2    (a) Nothing in this amendatory Act of the 96th General
3Assembly precludes a Regional Transit Board from appointing or
4employing an Inspector General to serve under the jurisdiction
5of a Regional Transit Board to receive complaints and conduct
6investigations in accordance with an ordinance or resolution
7adopted by that respective Board, provided he or she is
8approved by the Executive Ethics Commission. A Regional Transit
9Board shall notify the Executive Ethics Commission within 10
10days after employing or appointing a person to serve as
11Inspector General, and the Executive Ethics Commission shall
12approve or reject the appointment or employment of the
13Inspector General. Any notification not acted upon by the
14Executive Ethics Commission within 60 days after its receipt
15shall be deemed to have received the approval of the Executive
16Ethics Commission. Within 30 days after the effective date of
17this amendatory Act of the 96th General Assembly, a Regional
18Transit Board shall notify the Executive Ethics Commission of
19any person serving on the effective date of this amendatory Act
20as an Inspector General for the Regional Transit Board, and the
21Executive Ethics Commission shall approve or reject the
22appointment or employment within 30 days after receipt of the
23notification, provided that any notification not acted upon by
24the Executive Ethics Commission within 30 days shall be deemed
25to have received approval. No person rejected by the Executive
26Ethics Commission shall serve as an Inspector General for a

 

 

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1Regional Transit Board for a term of 5 years after being
2rejected by the Commission. For purposes of this subsection
3(a), any person appointed or employed by a Transit Board to
4receive complaints and investigate allegations of fraud,
5waste, abuse, mismanagement, misconduct, nonfeasance,
6misfeasance, malfeasance, or violations of this Act shall be
7considered an Inspector General and shall be subject to
8approval of the Executive Ethics Commission.
9    (b) The Executive Inspector General appointed by the
10Governor shall have exclusive jurisdiction to investigate
11complaints or allegations of violations of this Act and, in his
12or her discretion, may investigate other complaints or
13allegations. Complaints or allegations of a violation of this
14Act received by an Inspector General appointed or employed by a
15Regional Transit Board shall be immediately referred to the
16Executive Inspector General. The Executive Inspector General
17shall have authority to assume responsibility and investigate
18any complaint or allegation received by an Inspector General
19appointed or employed by a Regional Transit Board. In the event
20the Executive Inspector General provides written notification
21of intent to assume investigatory responsibility for a
22complaint, allegation, or ongoing investigation, the Inspector
23General appointed or employed by a Regional Transit Board shall
24cease review of the complaint, allegation, or ongoing
25investigation and provide all information to the Executive
26Inspector General. The Executive Inspector General may

 

 

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1delegate responsibility for an investigation to the Inspector
2General appointed or employed by a Regional Transit Board. In
3the event the Executive Inspector General provides an Inspector
4General appointed or employed by a Regional Transit Board with
5written notification of intent to delegate investigatory
6responsibility for a complaint, allegation, or ongoing
7investigation, the Executive Inspector General shall provide
8all information to the Inspector General appointed or employed
9by a Regional Transit Board.
10    (c) An Inspector General appointed or employed by a
11Regional Transit Board shall provide a monthly activity report
12to the Executive Inspector General indicating:
13        (1) the total number of complaints or allegations
14    received since the date of the last report and a
15    description of each complaint;
16        (2) the number of investigations pending as of the
17    reporting date and the status of each investigation;
18        (3) the number of investigations concluded since the
19    date of the last report and the result of each
20    investigation; and
21        (4) the status of any investigation delegated by the
22    Executive Inspector General.
23    An Inspector General appointed or employed by a Regional
24Transit Board and the Executive Inspector General shall
25cooperate and share resources or information as necessary to
26implement the provisions of this Article.

 

 

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1    (d) Reports filed under this Section are exempt from the
2Freedom of Information Act and shall be deemed confidential.
3Investigatory files and reports prepared by the Office of the
4Executive Inspector General and the Office of an Inspector
5General appointed or employed by a Regional Transit Board may
6be disclosed between the Offices as necessary to implement the
7provisions of this Article.
 
8    Section 10. The Metropolitan Transit Authority Act is
9amended by changing Section 21 as follows:
 
10    (70 ILCS 3605/21)  (from Ch. 111 2/3, par. 321)
11    Sec. 21. Members of the Board shall hold office until their
12respective successors have been appointed and have qualified.
13Any member may resign from his or her office, to take effect
14when his or her successor has been appointed and has qualified.
15The Governor and the Mayor, respectively, may remove any member
16of the Board appointed by him or her in case of incompetency,
17neglect of duty, or malfeasance in office. They may give him or
18her a copy of the charges against him or her and an opportunity
19to be publicly heard in person or by counsel in his or her own
20defense upon not less than 10 ten days' notice. The Governor
21may remove any member in response to a summary report received
22from the Executive Inspector General in accordance with Section
2320-50 of the State Officials and Employees Ethics Act, provided
24he or she has an opportunity to be publicly heard in person or

 

 

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1by counsel prior to removal. In case of failure to qualify
2within the time required, or of abandonment of his or her
3office, or in case of death, conviction of a crime or removal
4from office, his or her office shall become vacant. Each
5vacancy shall be filled for the unexpired term by appointment
6in like manner, and with like regard as to the place of
7residence of the appointee, as in case of expiration of the
8term of a member of the Board.
9(Source: Laws 1945, p. 1171.)
 
10    Section 15. The Regional Transportation Authority Act is
11amended by changing Sections 3.03, 3A.03, and 3B.03 as follows:
 
12    (70 ILCS 3615/3.03)  (from Ch. 111 2/3, par. 703.03)
13    Sec. 3.03. Terms, vacancies. Each Director shall hold
14office for a term of 5 years, and until his successor has been
15appointed and has qualified. A vacancy shall occur upon
16resignation, death, conviction of a felony, or removal from
17office of a Director. Any Director may be removed from office
18(i) upon concurrence of not less than 11 Directors, on a formal
19finding of incompetence, neglect of duty, or malfeasance in
20office or (ii) by the Governor in response to a summary report
21received from the Executive Inspector General in accordance
22with Section 20-50 of the State Officials and Employees Ethics
23Act, provided he or she has an opportunity to be publicly heard
24in person or by counsel prior to removal. Within 30 days after

 

 

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1the office of any member becomes vacant for any reason, the
2appointing authorities of such member shall make an appointment
3to fill the vacancy. A vacancy shall be filled for the
4unexpired term.
5    Whenever a vacancy for a Director, except as to the
6Chairman or those Directors appointed by the Mayor of the City
7of Chicago, exists for longer than 4 months, the new Director
8shall be chosen by election by all legislative members in the
9General Assembly representing the affected area. In order to
10qualify as a voting legislative member in this matter, the
11affected area must be more than 50% of the geographic area of
12the legislative district.
13(Source: P.A. 95-708, eff. 1-18-08.)
 
14    (70 ILCS 3615/3A.03)  (from Ch. 111 2/3, par. 703A.03)
15    Sec. 3A.03. Terms, Vacancies. The initial term of the
16directors appointed pursuant to subdivision (a) of Section
173A.02 shall expire on June 30, 1985; the initial term of the
18directors appointed pursuant to subdivisions (b) through (g) of
19Section 3A.02 shall expire on June 30, 1986. Thereafter, each
20director shall be appointed for a term of 4 years, and until
21his successor has been appointed and qualified. A vacancy shall
22occur upon the resignation, death, conviction of a felony, or
23removal from office of a director. Any director may be removed
24from office (i) upon the concurrence of not less than 8
25directors, on a formal finding of incompetence, neglect of

 

 

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1duty, or malfeasance in office or (ii) by the Governor in
2response to a summary report received from the Executive
3Inspector General in accordance with Section 20-50 of the State
4Officials and Employees Ethics Act, provided he or she has an
5opportunity to be publicly heard in person or by counsel prior
6to removal. Within 30 days after the office of any director
7becomes vacant for any reason, the appointing authorities of
8such director shall make an appointment to fill the vacancy. A
9vacancy shall be filled for the unexpired term. The initial
10directors other than the chairman shall be appointed within 180
11days of November 9, 1983.
12    On June 1, 1984 the seat of any Director of the Suburban
13Bus Board not yet filled shall be deemed vacant and shall be
14chosen by the election of all the legislative members of the
15General Assembly representing the affected area. In order to
16qualify as a voting legislative member in this matter, the
17affected area must be more than 50% of the geographic area of
18the legislative district.
19(Source: P.A. 83-1156.)
 
20    (70 ILCS 3615/3B.03)  (from Ch. 111 2/3, par. 703B.03)
21    Sec. 3B.03. Terms, Vacancies. Each director shall be
22appointed for a term of 4 years, and until his successor has
23been appointed and qualified. A vacancy shall occur upon the
24resignation, death, conviction of a felony, or removal from
25office of a director. Any director may be removed from office

 

 

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1(i) upon the concurrence of not less than 8 directors, on a
2formal finding of incompetence, neglect of duty, or malfeasance
3in office or (ii) by the Governor in response to a summary
4report received from the Executive Inspector General in
5accordance with Section 20-50 of the State Officials and
6Employees Ethics Act, provided he or she has an opportunity to
7be publicly heard in person or by counsel prior to removal.
8Within 30 days after the office of any director becomes vacant
9for any reason, the appropriate appointing authorities of such
10director, as provided in Section 3B.02, shall make an
11appointment to fill the vacancy. A vacancy shall be filled for
12the unexpired term.
13(Source: P.A. 95-708, eff. 1-18-08.)
 
14    Section 99. Effective date. This Act takes effect July 1,
152011.