Public Act 096-1533
 
HB1410 EnrolledLRB096 04896 RCE 14962 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The State Officials and Employees Ethics Act is 
amended  by changing Section 1-5 as follows:
 
    (5 ILCS 430/1-5)

    Sec. 1-5. Definitions.  As used in this Act:


    "Appointee" means a person appointed to a position in or 
with a State
agency, regardless of whether the position is 
compensated.


    "Campaign for elective office" means any activity in 
furtherance of an
effort to influence the selection, 
nomination, election, or appointment of any
individual to any 
federal, State, or local public office or office in a
political 
organization, or the selection, nomination, or election
of 
Presidential or Vice-Presidential electors,
but does not 
include
activities (i) relating to the support or opposition of 
any executive,
legislative, or administrative action (as those 
terms are defined in Section 2
of the Lobbyist Registration 
Act), (ii) relating to collective bargaining, or
(iii) that are 
otherwise in furtherance of the person's official State duties.


    "Candidate" means a person who has
filed nominating papers 
or petitions for nomination or election to an elected
State 
office, or who has been appointed to fill a vacancy in 
nomination, and
who remains eligible for placement on the 
ballot at either a
general primary election or general 
election.


    "Collective bargaining" has the same meaning as that term 
is defined in
Section 3 of the Illinois Public Labor Relations 
Act.


    "Commission" means an ethics commission created by this 
Act.


    "Compensated time" means any time worked by or credited to 
a State employee
that counts
toward any minimum work time 
requirement imposed as a condition of employment
with a State 
agency, but does not include any designated State holidays or 
any
period when the employee is on a
leave of absence.


    "Compensatory time off" means authorized time off earned by 
or awarded to a
State employee to compensate in whole or in 
part for time worked in excess of
the minimum work time 
required
of that employee as a condition of employment with a 
State agency.


    "Contribution" has the same meaning as that term is defined 
in Section 9-1.4
of the Election Code.


    "Employee" means (i) any person employed full-time, 
part-time, or
pursuant to a contract and whose employment 
duties are subject to the direction
and
control of an employer 
with regard to the material details of how the work is
to be 
performed or (ii) any appointed or elected commissioner, 
trustee, director, or board member of a board of a State 
agency, including any retirement system or investment board 
subject to the Illinois Pension Code  or (iii) any other 
appointee.


    "Employment benefits"  include but are not limited to the 
following: modified compensation or benefit terms; compensated 
time off; or change of title, job duties, or location of office 
or employment.  An employment benefit may also include favorable 
treatment in determining whether to bring any disciplinary or 
similar action or favorable treatment during the course of any 
disciplinary or similar action or other performance review. 
    "Executive branch constitutional officer" means the 
Governor, Lieutenant
Governor, Attorney General, Secretary of 
State, Comptroller, and Treasurer.


    "Gift" means any gratuity, discount, entertainment, 
hospitality, loan,
forbearance, or other tangible or 
intangible item having monetary value
including, but not

limited to, cash, food and drink, and honoraria for speaking 
engagements
related to or attributable to government 
employment or the official position of
an
employee, member, or 
officer.
The value of a gift may be further defined by rules 
adopted by the appropriate ethics commission or by the Auditor 
General for the Auditor General and for employees of the office 
of the Auditor General. 

    "Governmental entity" means a unit of local government 
(including a community college district) or a school
district 
but not a State
agency.


    "Leave of absence" means any period during which a State 
employee does not
receive (i) compensation for State 
employment, (ii) service credit towards
State pension 
benefits, and (iii) health insurance benefits paid for by the

State.


    "Legislative branch constitutional officer" means a member 
of the General
Assembly and the Auditor General.


    "Legislative leader" means the President and Minority 
Leader of the Senate
and the Speaker and Minority Leader of the 
House of Representatives.


    "Member" means a member of the General Assembly.


    "Officer" means an executive branch constitutional officer
 
or a
legislative branch constitutional officer.


    "Political" means any activity in support
of or in 
connection with any campaign for elective office or any 
political
organization, but does not include activities (i) 
relating to the support or
opposition of any executive, 
legislative, or administrative action (as those
terms are 
defined in Section 2 of the Lobbyist Registration Act), (ii) 
relating
to collective bargaining, or (iii) that are
otherwise

in furtherance of the person's official
State duties  or 
governmental and public service functions.


    "Political organization" means a party, committee, 
association, fund, or
other organization (whether or not 
incorporated) that is required to file a
statement of 
organization with the State Board of Elections or a county 
clerk
under Section 9-3 of the Election Code, but only with 
regard to those
activities that require filing with the State 
Board of Elections or a county
clerk.


    "Prohibited political activity" means:


        (1) Preparing for, organizing, or participating in any

    political meeting, political rally, political 
    demonstration, or other political
event.


        (2) Soliciting contributions, including but not 
    limited to the purchase
of, selling, distributing, or 
    receiving
payment for tickets for any political 
    fundraiser,
political meeting, or other political event.


        (3) Soliciting, planning the solicitation of, or 
    preparing any document or
report regarding any thing of 
    value intended as a campaign contribution.


        (4) Planning, conducting, or participating in a public 
    opinion
poll in connection with a campaign for elective 
    office or on behalf of a
political organization for 
    political purposes or for or against any referendum

    question.


        (5) Surveying or gathering information from potential 
    or actual
voters in an election to determine probable vote 
    outcome in connection with a
campaign for elective office 
    or on behalf of a political organization for
political 
    purposes or for or against any referendum question.


        (6) Assisting at the polls on election day on behalf of 
    any
political organization or candidate for elective 
    office or for or against any
referendum
question.


        (7) Soliciting votes on behalf of a candidate for 
    elective office or a
political organization or for or 
    against any referendum question or helping in
an effort to 
    get voters
to the polls.


        (8) Initiating for circulation, preparing, 
    circulating, reviewing, or
filing any petition on
behalf of 
    a candidate for elective office or for or against any 
    referendum
question.


        (9) Making contributions on behalf
of any candidate for 
    elective office in that capacity or in connection with a

    campaign for elective office.


        (10) Preparing or reviewing responses to candidate 
    questionnaires in
connection with a campaign for elective 
    office or on behalf of a political
organization for 
    political purposes.


        (11) Distributing, preparing for distribution, or 
    mailing campaign
literature, campaign signs, or other 
    campaign material on behalf of any
candidate for elective 
    office or for or against any referendum question.


        (12) Campaigning for any elective
office or for or 
    against any referendum question.


        (13) Managing or working on a campaign for elective

    office or for or against any referendum question.


        (14) Serving as a delegate, alternate, or proxy to a 
    political
party convention.


        (15) Participating in any recount or challenge to the 
    outcome of
any election, except to the extent that under 
    subsection (d) of
Section 6 of Article IV of the Illinois 
    Constitution each house of the General
Assembly shall judge 
    the elections, returns, and qualifications of its members.


    "Prohibited source" means any person or entity who:

        (1) is seeking official action (i) by the
member or 
    officer or (ii) in the case of an employee, by
the employee

    or by the
member, officer, State agency, or other employee 
    directing the
employee;


        (2) does business or seeks to do business (i) with the

    member or officer or (ii) in the case of an employee,
with 
    the
employee or with the member, officer, State agency, or 
    other
employee directing the
employee;

        (3) conducts activities regulated (i) by the
member or 
    officer or (ii) in the case of an employee, by
the employee 
    or by the member, officer, State agency, or
other employee 
    directing the employee;


        (4) has interests that may be substantially affected by 
    the performance or
non-performance of the official duties 
    of the member, officer, or
employee;

        (5) is registered or required to be registered with the 
    Secretary of State
under the Lobbyist Registration Act, 
    except that an entity not otherwise a
prohibited source 
    does not become a prohibited source merely because a

    registered lobbyist is one of its members or serves on its 
    board of
directors; or 
        (6) is an agent of, a spouse of, or an immediate family 
    member who is living with a "prohibited source".


    "State agency" includes all officers, boards, commissions 
and agencies
created by the Constitution, whether in the 
executive or legislative
branch; all officers,
departments, 
boards, commissions, agencies, institutions, authorities,

public institutions of higher learning as defined in Section 2 
of the Higher
Education
Cooperation Act (except community 
colleges), and bodies politic and corporate of the State; and

administrative
units or corporate outgrowths of the State 
government which are created by
or pursuant to statute, other 
than units of local government (including community college 
districts) and their
officers, school districts, and boards of 
election commissioners; and all
administrative units and 
corporate outgrowths of the above and as may be
created by 
executive order of the Governor. "State agency" includes the 
General
Assembly, the Senate, the House of Representatives, the 
President and Minority
Leader of the Senate, the Speaker and 
Minority Leader of the House of
Representatives, the Senate 
Operations Commission, and the legislative support
services 
agencies. "State agency" includes the Office
of the Auditor 
General. "State agency" does not include the judicial branch.


    "State employee" means any employee of a State agency.


    "Ultimate jurisdictional
authority" means the following:


        (1) For members, legislative partisan staff, and 
    legislative secretaries,
the appropriate
legislative 
    leader: President of the
Senate, Minority Leader of the 
    Senate, Speaker of the House of Representatives,
or 
    Minority Leader of the House of Representatives.


        (2) For State employees who are professional staff or 
    employees of the
Senate and not covered under item (1), the 
    Senate Operations Commission.


        (3) For State employees who are professional staff or 
    employees of the
House of Representatives and not covered 
    under item (1), the Speaker of the
House of 
    Representatives.


        (4) For State employees who are employees of the 
    legislative support
services agencies, the Joint Committee 
    on Legislative Support Services.


        (5) For State employees of the Auditor General, the 
    Auditor General.


        (6) For State employees of public institutions of 
    higher learning as
defined in Section 2 of the Higher 
    Education Cooperation Act (except community colleges), the 
    board of
trustees of the appropriate public institution of 
    higher learning.


        (7) For State employees of an executive branch 
    constitutional officer
other than those described in 
    paragraph (6), the
appropriate executive branch 
    constitutional officer.


        (8) For State employees not under the jurisdiction of 
    paragraph (1), (2),
(3), (4), (5), (6), or (7), the 
    Governor.


(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555, 
eff. 8-18-09.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.