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1 | AN ACT concerning ethics reform.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Governmental Ethics Act is amended | |||||||||||||||||||
5 | by changing Sections 4A-102, 4A-103, and 4A-104 as follows: | |||||||||||||||||||
6 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102) | |||||||||||||||||||
7 | Sec. 4A-102. The statement of economic interests required | |||||||||||||||||||
8 | by this Article
shall include the economic interests of the | |||||||||||||||||||
9 | person making the statement as
provided in this Section. The | |||||||||||||||||||
10 | interest (if constructively controlled by the
person making the | |||||||||||||||||||
11 | statement) of a spouse or any other party, shall be
considered | |||||||||||||||||||
12 | to be the same as the interest of the person making the
| |||||||||||||||||||
13 | statement. Campaign receipts shall not be included in this | |||||||||||||||||||
14 | statement.
| |||||||||||||||||||
15 | (a) The following interests shall be listed by all persons | |||||||||||||||||||
16 | required to
file:
| |||||||||||||||||||
17 | (1) The name, address and type of practice of any | |||||||||||||||||||
18 | professional
organization or individual professional | |||||||||||||||||||
19 | practice in which the person making
the statement was an | |||||||||||||||||||
20 | officer, director, associate, partner or proprietor,
or | |||||||||||||||||||
21 | served in any advisory capacity, from which income in | |||||||||||||||||||
22 | excess of $1200
was derived during the preceding calendar | |||||||||||||||||||
23 | year;
|
| |||||||
| |||||||
1 | (2) The nature of professional services (other than | ||||||
2 | services rendered to
the unit or units of government in | ||||||
3 | relation to which the person is required
to file)
and the | ||||||
4 | nature of the entity to which they were rendered if fees | ||||||
5 | exceeding
$5,000 were received during the preceding | ||||||
6 | calendar year from the entity for
professional services | ||||||
7 | rendered by the person making the statement.
| ||||||
8 | (3) The identity (including the address or legal | ||||||
9 | description of real
estate) of any capital asset from which | ||||||
10 | a capital gain of $5,000 or more
was realized in the | ||||||
11 | preceding calendar year.
| ||||||
12 | (4) The name of any unit of government which has | ||||||
13 | employed the person
making the statement during the | ||||||
14 | preceding calendar year other than the unit
or units of | ||||||
15 | government in relation to which the person is required to | ||||||
16 | file.
| ||||||
17 | (5) For each The name of any entity from which a gift | ||||||
18 | or gifts, or honorarium or
honoraria, valued singly or in | ||||||
19 | the aggregate in excess of $500 received during the | ||||||
20 | preceding calendar year: (i) the name of the entity from | ||||||
21 | which it was received; and (ii) a description of each gift, | ||||||
22 | its estimated dollar value, and the date it was received. | ||||||
23 | The requirements of clause (ii) do not apply to any gift or | ||||||
24 | honorarium provided by a person's father, mother, son, | ||||||
25 | daughter, brother, sister, uncle, aunt, great aunt, great | ||||||
26 | uncle, first cousin, nephew, niece, husband, wife, |
| |||||||
| |||||||
1 | grandfather, grandmother, grandson, granddaughter, | ||||||
2 | father-in-law, mother-in-law, son-in-law, daughter-in-law, | ||||||
3 | brother-in-law, sister-in-law, stepfather, stepmother, | ||||||
4 | stepson, stepdaughter, stepbrother, stepsister, half | ||||||
5 | brother, half sister, and including the father, mother, | ||||||
6 | grandfather, or grandmother of the individual's spouse and | ||||||
7 | the individual's fiance or fiancee. , was
received during | ||||||
8 | the preceding calendar year.
| ||||||
9 | (b) The following interests shall also be listed by persons | ||||||
10 | listed in
items (a) through (f) and item (l) of Section 4A-101:
| ||||||
11 | (1) The name and instrument of ownership in any entity | ||||||
12 | doing business in
the State of Illinois, in which an | ||||||
13 | ownership interest held by the person at
the date of filing | ||||||
14 | is in excess of $5,000 fair market value or from which
| ||||||
15 | dividends of in excess of $1,200 were derived during the | ||||||
16 | preceding calendar
year. (In the case of real estate, | ||||||
17 | location thereof shall be listed by
street address, or if | ||||||
18 | none, then by legal description). No time or demand
deposit | ||||||
19 | in a financial institution, nor any debt instrument need be | ||||||
20 | listed;
| ||||||
21 | (2) Except for professional service entities, the name | ||||||
22 | of any entity and
any position held therein from which | ||||||
23 | income of in excess of $1,200 was
derived during the | ||||||
24 | preceding calendar year, if the entity does business in
the | ||||||
25 | State of Illinois. No time or demand deposit in a financial
| ||||||
26 | institution, nor any debt instrument need be listed.
|
| |||||||
| |||||||
1 | (3) The identity of any compensated lobbyist with whom | ||||||
2 | the person making
the statement maintains a close economic | ||||||
3 | association, including the name of
the lobbyist and | ||||||
4 | specifying the legislative matter or matters which are the
| ||||||
5 | object of the lobbying activity, and describing the general | ||||||
6 | type of
economic activity of the client or principal on | ||||||
7 | whose behalf that person is
lobbying.
| ||||||
8 | (c) The following interests shall also be listed by persons | ||||||
9 | listed in
items (g), (h), and (i) of Section 4A-101:
| ||||||
10 | (1) The name and instrument of ownership in any entity | ||||||
11 | doing business
with a unit of local government in relation | ||||||
12 | to which the person is
required to file if the ownership | ||||||
13 | interest of the person filing is greater
than $5,000 fair | ||||||
14 | market value as of the date of filing or if dividends in
| ||||||
15 | excess of $1,200 were received from the entity during the | ||||||
16 | preceding
calendar year. (In the case of real estate, | ||||||
17 | location thereof shall be
listed by street address, or if | ||||||
18 | none, then by legal description). No time
or demand deposit | ||||||
19 | in a financial institution, nor any debt instrument need
be | ||||||
20 | listed.
| ||||||
21 | (2) Except for professional service entities, the name | ||||||
22 | of any entity and
any position held therein from which | ||||||
23 | income in excess of $1,200 was derived
during the preceding | ||||||
24 | calendar year if the entity does business with a
unit of | ||||||
25 | local government in relation to which the person is | ||||||
26 | required to
file. No time or demand deposit in a financial |
| |||||||
| |||||||
1 | institution, nor any debt
instrument need be listed.
| ||||||
2 | (3) The name of any entity and the nature of the | ||||||
3 | governmental action
requested by any entity which has | ||||||
4 | applied to a unit of local
government
in relation to which | ||||||
5 | the person must file for any license, franchise or
permit | ||||||
6 | for annexation, zoning or rezoning of real estate during | ||||||
7 | the
preceding calendar year if the ownership interest of | ||||||
8 | the person filing is
in excess of $5,000 fair market value | ||||||
9 | at the time of filing or if income or
dividends in excess | ||||||
10 | of $1,200 were received by the person filing from the
| ||||||
11 | entity during the preceding calendar year.
| ||||||
12 | (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| ||||||
14 | Sec. 4A-103.
The statement of economic interests required | ||||||
15 | by this Article to be filed
with the Secretary of State shall | ||||||
16 | be filled in by
typewriting or hand printing, shall be | ||||||
17 | verified, dated, and signed by the
person making the statement | ||||||
18 | and shall contain substantially the following:
| ||||||
19 | STATEMENT OF ECONOMIC INTEREST
| ||||||
20 | (TYPE OR HAND PRINT)
| ||||||
21 | .............................................................
| ||||||
22 | (name)
| ||||||
23 | .............................................................
| ||||||
24 | (each office or position of employment for which this
statement | ||||||
25 | is filed)
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | .............................................................
| |||||||||||||||||||||
2 | (full mailing address)
| |||||||||||||||||||||
3 | GENERAL DIRECTIONS:
| |||||||||||||||||||||
4 | The interest (if constructively controlled by the person | |||||||||||||||||||||
5 | making the
statement) of a spouse or any other party, shall be | |||||||||||||||||||||
6 | considered to be the
same as the interest of the person making | |||||||||||||||||||||
7 | the statement.
| |||||||||||||||||||||
8 | Campaign receipts shall not be included in this statement.
| |||||||||||||||||||||
9 | If additional space is needed, please attach supplemental | |||||||||||||||||||||
10 | listing.
| |||||||||||||||||||||
11 | 1. List the name and instrument of ownership in any entity | |||||||||||||||||||||
12 | doing
business in the State of Illinois, in which the ownership | |||||||||||||||||||||
13 | interest held by
the person at the date of filing is in excess | |||||||||||||||||||||
14 | of $5,000 fair market value
or from which dividends in excess | |||||||||||||||||||||
15 | of $1,200 were derived during the
preceding calendar year. (In | |||||||||||||||||||||
16 | the case of real estate, location thereof
shall be listed by | |||||||||||||||||||||
17 | street address, or if none, then by legal description.)
No time | |||||||||||||||||||||
18 | or demand deposit in a financial institution, nor any debt
| |||||||||||||||||||||
19 | instrument need be listed.
| |||||||||||||||||||||
| ||||||||||||||||||||||
25 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
26 | professional
organization in which the person making the |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
2 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
3 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
4 | calendar year.
| |||||||||||||||||||||
| ||||||||||||||||||||||
9 | 3. List the nature of professional services rendered (other | |||||||||||||||||||||
10 | than to the
State of Illinois) to each entity from which income | |||||||||||||||||||||
11 | exceeding $5,000 was
received for professional services | |||||||||||||||||||||
12 | rendered during the preceding calendar
year by the person | |||||||||||||||||||||
13 | making the statement.
| |||||||||||||||||||||
14 | .............................................................
| |||||||||||||||||||||
15 | .............................................................
| |||||||||||||||||||||
16 | 4. List the identity (including the address or legal | |||||||||||||||||||||
17 | description of real
estate) of any capital asset from which a | |||||||||||||||||||||
18 | capital gain of $5,000 or more
was realized during the | |||||||||||||||||||||
19 | preceding calendar year.
| |||||||||||||||||||||
20 | .............................................................
| |||||||||||||||||||||
21 | .............................................................
| |||||||||||||||||||||
22 | 5. List the identity of any compensated lobbyist with whom | |||||||||||||||||||||
23 | the person
making the statement maintains a close economic | |||||||||||||||||||||
24 | association, including the
name of the lobbyist and specifying | |||||||||||||||||||||
25 | the legislative matter or matters which
are the object of the | |||||||||||||||||||||
26 | lobbying activity, and describing the general type of
economic |
| ||||||||||||||||||
| ||||||||||||||||||
1 | activity of the client or principal on whose behalf that person | |||||||||||||||||
2 | is
lobbying.
| |||||||||||||||||
| ||||||||||||||||||
6 | 6. List the name of any entity doing business in the State | |||||||||||||||||
7 | of Illinois
from which income in excess of $1,200 was derived | |||||||||||||||||
8 | during the preceding
calendar year other than for professional | |||||||||||||||||
9 | services and the title or
description of any position held in | |||||||||||||||||
10 | that entity. (In the case of real
estate, location thereof | |||||||||||||||||
11 | shall be listed by street address, or if none,
then by legal | |||||||||||||||||
12 | description). No time or demand deposit in a financial
| |||||||||||||||||
13 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
18 | 7. List the name of any unit of government which employed | |||||||||||||||||
19 | the person
making the statement during the preceding calendar | |||||||||||||||||
20 | year other than the unit
or units
of government in relation to | |||||||||||||||||
21 | which the person is required to file.
| |||||||||||||||||
22 | .............................................................
| |||||||||||||||||
23 | .............................................................
| |||||||||||||||||
24 | 8. For each gift or gifts, or honorarium or honoraria, | |||||||||||||||||
25 | valued singly or in the aggregate in excess of $500 received | |||||||||||||||||
26 | during the preceding calendar year, list: (i) the name of the |
| |||||||
| |||||||
1 | entity from which it was received; and (ii) a description of | ||||||
2 | each gift, its estimated dollar value, and the date it was | ||||||
3 | received. Requirement (ii) does not apply to any gift or | ||||||
4 | honorarium provided by a person's father, mother, son, | ||||||
5 | daughter, brother, sister, uncle, aunt, great aunt, great | ||||||
6 | uncle, first cousin, nephew, niece, husband, wife, | ||||||
7 | grandfather, grandmother, grandson, granddaughter, | ||||||
8 | father-in-law, mother-in-law, son-in-law, daughter-in-law, | ||||||
9 | brother-in-law, sister-in-law, stepfather, stepmother, | ||||||
10 | stepson, stepdaughter, stepbrother, stepsister, half brother, | ||||||
11 | half sister, and including the father, mother, grandfather, or | ||||||
12 | grandmother of the individual's spouse and the individual's | ||||||
13 | fiance or fiancee. List the name of any entity from which a | ||||||
14 | gift or gifts, or honorarium
or honoraria, valued singly or in | ||||||
15 | the aggregate in excess of $500, was
received during the | ||||||
16 | preceding calendar year.
| ||||||
17 | .............................................................
| ||||||
18 | VERIFICATION:
| ||||||
19 | "I declare that this statement of economic interests | ||||||
20 | (including any
accompanying schedules and statements) has been | ||||||
21 | examined by me and to the
best of my knowledge and belief is a | ||||||
22 | true, correct and complete statement
of my economic interests | ||||||
23 | as required by the Illinois Governmental Ethics
Act. I | ||||||
24 | understand that the penalty for willfully filing a false or
| ||||||
25 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
26 | imprisonment
in a penal institution other than the penitentiary |
| |||||||
| |||||||
1 | not to exceed one year,
or both fine and imprisonment."
| ||||||
2 | ................ ..........................................
| ||||||
3 | (date of filing) (signature of person making the statement)
| ||||||
4 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
5 | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| ||||||
6 | Sec. 4A-104.
The statement of economic interests required | ||||||
7 | by this Article to be filed
with the county clerk shall be | ||||||
8 | filled in by typewriting
or hand printing, shall be verified, | ||||||
9 | dated, and signed by the person
making the statement and shall | ||||||
10 | contain substantially the following:
| ||||||
11 | STATEMENT OF ECONOMIC INTERESTS
| ||||||
12 | (TYPE OR HAND PRINT)
| ||||||
13 | .............................................................
| ||||||
14 | (Name)
| ||||||
15 | .............................................................
| ||||||
16 | (each office or position of employment for which this
statement | ||||||
17 | is filed)
...................................................
| ||||||
18 | (full mailing address)
| ||||||
19 | GENERAL DIRECTIONS:
| ||||||
20 | The interest (if constructively controlled by the person | ||||||
21 | making the
statement) of a spouse or any other party, shall be | ||||||
22 | considered to be the
same as the interest of the person making | ||||||
23 | the statement.
| ||||||
24 | Campaign receipts shall not be included in this statement.
| ||||||
25 | If additional space is needed, please attach supplemental |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | listing.
| ||||||||||||||||||||||||||
2 | 1. List the name and instrument of ownership in any entity | ||||||||||||||||||||||||||
3 | doing
business with a unit of local government in relation to | ||||||||||||||||||||||||||
4 | which the
person
is required to file, in which the ownership | ||||||||||||||||||||||||||
5 | interest held by the person at
the date of filing is in excess | ||||||||||||||||||||||||||
6 | of $5,000 fair market value or from which
dividends in excess | ||||||||||||||||||||||||||
7 | of $1,200 were received during the preceding calendar
year. (In | ||||||||||||||||||||||||||
8 | the case of real estate, location thereof shall be listed by
| ||||||||||||||||||||||||||
9 | street address, or if none, then by legal description.) No time | ||||||||||||||||||||||||||
10 | or demand
deposit in a financial institution, nor any debt | ||||||||||||||||||||||||||
11 | instrument shall be
listed.
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
17 | 2. List the name, address and type of practice of any | ||||||||||||||||||||||||||
18 | professional
organization in which the person making the | ||||||||||||||||||||||||||
19 | statement was an officer,
director, associate, partner or | ||||||||||||||||||||||||||
20 | proprietor, or served in any advisory
capacity, from which | ||||||||||||||||||||||||||
21 | income in excess of $1,200 was derived during the
preceding | ||||||||||||||||||||||||||
22 | calendar year.
| ||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | 3. List the nature of professional services rendered (other | ||||||
2 | than to the
unit or units of local government in relation to | ||||||
3 | which the person is
required to
file) to each entity from which | ||||||
4 | income exceeding $5,000 was received for
professional services | ||||||
5 | rendered during the preceding calendar year by the
person | ||||||
6 | making the statement.
| ||||||
7 | .............................................................
| ||||||
8 | .............................................................
| ||||||
9 | 4. List the identity (including the address or legal | ||||||
10 | description of real
estate) of any capital asset from which a | ||||||
11 | capital gain of $5,000 or more
was realized during the | ||||||
12 | preceding calendar year.
| ||||||
13 | .............................................................
| ||||||
14 | .............................................................
| ||||||
15 | .............................................................
| ||||||
16 | 5. List the name of any entity and the nature of the | ||||||
17 | governmental action
requested by any entity which has applied | ||||||
18 | to a unit of local
government
in relation to which the person | ||||||
19 | must file for any license, franchise or
permit for annexation, | ||||||
20 | zoning or rezoning of real estate during the
preceding calendar | ||||||
21 | year if the ownership interest of the person filing is
in | ||||||
22 | excess of $5,000 fair market value at the time of filing or if | ||||||
23 | income or
dividends in excess of $1200 were received by the | ||||||
24 | person filing from the
entity during the preceding calendar | ||||||
25 | year.
| ||||||
26 | .............................................................
|
| |||||||
| |||||||
1 | .............................................................
| ||||||
2 | .............................................................
| ||||||
3 | 6. List the name of any entity doing business with a unit | ||||||
4 | of
local
government in relation to which the person is required | ||||||
5 | to file from which
income in excess of $1,200 was derived | ||||||
6 | during the preceding calendar year
other than for professional | ||||||
7 | services and the title or description of any
position held in | ||||||
8 | that entity. No time or demand deposit in a financial
| ||||||
9 | institution nor any debt instrument need be listed.
| ||||||
10 | .............................................................
| ||||||
11 | .............................................................
| ||||||
12 | 7. List the name of any unit of government which employed | ||||||
13 | the person
making the statement during the preceding calendar | ||||||
14 | year other than the unit
or units of government in relation to | ||||||
15 | which the person is required to file.
| ||||||
16 | .............................................................
| ||||||
17 | .............................................................
| ||||||
18 | 8. For each gift or gifts, or honorarium or honoraria, | ||||||
19 | valued singly or in the aggregate in excess of $500 received | ||||||
20 | during the preceding calendar year, list: (i) the name of the | ||||||
21 | entity from which it was received; and (ii) a description of | ||||||
22 | each gift, its estimated dollar value, and the date it was | ||||||
23 | received. Requirement (ii) does not apply to any gift or | ||||||
24 | honorarium provided by a person's father, mother, son, | ||||||
25 | daughter, brother, sister, uncle, aunt, great aunt, great | ||||||
26 | uncle, first cousin, nephew, niece, husband, wife, |
| |||||||
| |||||||
1 | grandfather, grandmother, grandson, granddaughter, | ||||||
2 | father-in-law, mother-in-law, son-in-law, daughter-in-law, | ||||||
3 | brother-in-law, sister-in-law, stepfather, stepmother, | ||||||
4 | stepson, stepdaughter, stepbrother, stepsister, half brother, | ||||||
5 | half sister, and including the father, mother, grandfather, or | ||||||
6 | grandmother of the individual's spouse and the individual's | ||||||
7 | fiance or fiancee. List the name of any entity from which a | ||||||
8 | gift or gifts, or honorarium
or honoraria, valued singly or in | ||||||
9 | the aggregate in excess of $500, was
received during the | ||||||
10 | preceding calendar year.
| ||||||
11 | .............................................................
| ||||||
12 | VERIFICATION:
| ||||||
13 | "I declare that this statement of economic interests | ||||||
14 | (including any
accompanying schedules and statements) has been | ||||||
15 | examined by me and to the
best of my knowledge and belief is a | ||||||
16 | true, correct and complete statement
of my economic interests | ||||||
17 | as required by the Illinois Governmental Ethics
Act. I | ||||||
18 | understand that the penalty for willfully filing a false or
| ||||||
19 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
20 | imprisonment
in a penal institution other than the penitentiary | ||||||
21 | not to exceed one year,
or both fine and imprisonment."
| ||||||
22 | ................ ..........................................
| ||||||
23 | (date of filing) (signature of person making the statement)
| ||||||
24 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
25 | Section 10. The State Officials and Employees Ethics Act is |
| |||||||
| |||||||
1 | amended by changing Sections 1-5, 5-30, 5-45, 10-15, 15-25, | ||||||
2 | 20-5, 20-10, 20-20, 20-21, 20-45, 20-50, 20-60, 20-65, 20-70, | ||||||
3 | 20-80, 20-85, 20-90, 20-95, and 50-5 and by adding Sections | ||||||
4 | 5-31, 20-20a, and 50-10 as follows: | ||||||
5 | (5 ILCS 430/1-5)
| ||||||
6 | Sec. 1-5. Definitions. As used in this Act:
| ||||||
7 | "Appointee" means a person appointed to a position in or | ||||||
8 | with a State
agency, regardless of whether the position is | ||||||
9 | compensated.
| ||||||
10 | "Campaign for elective office" means any activity in | ||||||
11 | furtherance of an
effort to influence the selection, | ||||||
12 | nomination, election, or appointment of any
individual to any | ||||||
13 | federal, State, or local public office or office in a
political | ||||||
14 | organization, or the selection, nomination, or election
of | ||||||
15 | Presidential or Vice-Presidential electors,
but does not | ||||||
16 | include
activities (i) relating to the support or opposition of | ||||||
17 | any executive,
legislative, or administrative action (as those | ||||||
18 | terms are defined in Section 2
of the Lobbyist Registration | ||||||
19 | Act), (ii) relating to collective bargaining, or
(iii) that are | ||||||
20 | otherwise in furtherance of the person's official State duties.
| ||||||
21 | "Candidate" means a person who has
filed nominating papers | ||||||
22 | or petitions for nomination or election to an elected
State | ||||||
23 | office, or who has been appointed to fill a vacancy in | ||||||
24 | nomination, and
who remains eligible for placement on the | ||||||
25 | ballot at either a
general primary election or general |
| |||||||
| |||||||
1 | election.
| ||||||
2 | "Collective bargaining" has the same meaning as that term | ||||||
3 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
4 | Act.
| ||||||
5 | "Commission" means an ethics commission created by this | ||||||
6 | Act.
| ||||||
7 | "Compensated time" means any time worked by or credited to | ||||||
8 | a State employee
that counts
toward any minimum work time | ||||||
9 | requirement imposed as a condition of employment
with a State | ||||||
10 | agency, but does not include any designated State holidays or | ||||||
11 | any
period when the employee is on a
leave of absence.
| ||||||
12 | "Compensatory time off" means authorized time off earned by | ||||||
13 | or awarded to a
State employee to compensate in whole or in | ||||||
14 | part for time worked in excess of
the minimum work time | ||||||
15 | required
of that employee as a condition of employment with a | ||||||
16 | State agency.
| ||||||
17 | "Contribution" has the same meaning as that term is defined | ||||||
18 | in Section 9-1.4
of the Election Code.
| ||||||
19 | "Employee" means (i) any person employed full-time, | ||||||
20 | part-time, or
pursuant to a contract and whose employment | ||||||
21 | duties are subject to the direction
and
control of an employer | ||||||
22 | with regard to the material details of how the work is
to be | ||||||
23 | performed or (ii) any appointee.
| ||||||
24 | "Employment benefits" include but are not limited to the | ||||||
25 | following: modified compensation or benefit terms; compensated | ||||||
26 | time off; or change of title, job duties, or location of office |
| |||||||
| |||||||
1 | or employment. An employment benefit may also include favorable | ||||||
2 | treatment in determining whether to bring any disciplinary or | ||||||
3 | similar action or favorable treatment during the course of any | ||||||
4 | disciplinary or similar action or other performance review. | ||||||
5 | "Executive branch constitutional officer" means the | ||||||
6 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
7 | State, Comptroller, and Treasurer.
| ||||||
8 | "Gift" means any gratuity, discount, entertainment, | ||||||
9 | hospitality, loan,
forbearance, or other tangible or | ||||||
10 | intangible item having monetary value
including, but not
| ||||||
11 | limited to, cash, food and drink, and honoraria for speaking | ||||||
12 | engagements
related to or attributable to government | ||||||
13 | employment or the official position of
an
employee, member, or | ||||||
14 | officer.
| ||||||
15 | "Governmental entity" means a unit of local government | ||||||
16 | (including a community college district) or a school
district | ||||||
17 | but not a State
agency.
| ||||||
18 | "Leave of absence" means any period during which a State | ||||||
19 | employee does not
receive (i) compensation for State | ||||||
20 | employment, (ii) service credit towards
State pension | ||||||
21 | benefits, and (iii) health insurance benefits paid for by the
| ||||||
22 | State.
| ||||||
23 | "Legislative branch constitutional officer" means a member | ||||||
24 | of the General
Assembly and the Auditor General.
| ||||||
25 | "Legislative leader" means the President and Minority | ||||||
26 | Leader of the Senate
and the Speaker and Minority Leader of the |
| |||||||
| |||||||
1 | House of Representatives.
| ||||||
2 | "Member" means a member of the General Assembly.
| ||||||
3 | "Officer" means an executive branch constitutional officer
| ||||||
4 | or a
legislative branch constitutional officer.
| ||||||
5 | "Political" means any activity in support
of or in | ||||||
6 | connection with any campaign for elective office or any | ||||||
7 | political
organization, but does not include activities (i) | ||||||
8 | relating to the support or
opposition of any executive, | ||||||
9 | legislative, or administrative action (as those
terms are | ||||||
10 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
11 | relating
to collective bargaining, or (iii) that are
otherwise
| ||||||
12 | in furtherance of the person's official
State duties or | ||||||
13 | governmental and public service functions.
| ||||||
14 | "Political organization" means a party, committee, | ||||||
15 | association, fund, or
other organization (whether or not | ||||||
16 | incorporated) that is required to file a
statement of | ||||||
17 | organization with the State Board of Elections or a county | ||||||
18 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
19 | regard to those
activities that require filing with the State | ||||||
20 | Board of Elections or a county
clerk.
| ||||||
21 | "Prohibited political activity" means:
| ||||||
22 | (1) Preparing for, organizing, or participating in any
| ||||||
23 | political meeting, political rally, political | ||||||
24 | demonstration, or other political
event.
| ||||||
25 | (2) Soliciting contributions, including but not | ||||||
26 | limited to the purchase
of, selling, distributing, or |
| |||||||
| |||||||
1 | receiving
payment for tickets for any political | ||||||
2 | fundraiser,
political meeting, or other political event.
| ||||||
3 | (3) Soliciting, planning the solicitation of, or | ||||||
4 | preparing any document or
report regarding any thing of | ||||||
5 | value intended as a campaign contribution.
| ||||||
6 | (4) Planning, conducting, or participating in a public | ||||||
7 | opinion
poll in connection with a campaign for elective | ||||||
8 | office or on behalf of a
political organization for | ||||||
9 | political purposes or for or against any referendum
| ||||||
10 | question.
| ||||||
11 | (5) Surveying or gathering information from potential | ||||||
12 | or actual
voters in an election to determine probable vote | ||||||
13 | outcome in connection with a
campaign for elective office | ||||||
14 | or on behalf of a political organization for
political | ||||||
15 | purposes or for or against any referendum question.
| ||||||
16 | (6) Assisting at the polls on election day on behalf of | ||||||
17 | any
political organization or candidate for elective | ||||||
18 | office or for or against any
referendum
question.
| ||||||
19 | (7) Soliciting votes on behalf of a candidate for | ||||||
20 | elective office or a
political organization or for or | ||||||
21 | against any referendum question or helping in
an effort to | ||||||
22 | get voters
to the polls.
| ||||||
23 | (8) Initiating for circulation, preparing, | ||||||
24 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
25 | a candidate for elective office or for or against any | ||||||
26 | referendum
question.
|
| |||||||
| |||||||
1 | (9) Making contributions on behalf
of any candidate for | ||||||
2 | elective office in that capacity or in connection with a
| ||||||
3 | campaign for elective office.
| ||||||
4 | (10) Preparing or reviewing responses to candidate | ||||||
5 | questionnaires in
connection with a campaign for elective | ||||||
6 | office or on behalf of a political
organization for | ||||||
7 | political purposes.
| ||||||
8 | (11) Distributing, preparing for distribution, or | ||||||
9 | mailing campaign
literature, campaign signs, or other | ||||||
10 | campaign material on behalf of any
candidate for elective | ||||||
11 | office or for or against any referendum question.
| ||||||
12 | (12) Campaigning for any elective
office or for or | ||||||
13 | against any referendum question.
| ||||||
14 | (13) Managing or working on a campaign for elective
| ||||||
15 | office or for or against any referendum question.
| ||||||
16 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
17 | political
party convention.
| ||||||
18 | (15) Participating in any recount or challenge to the | ||||||
19 | outcome of
any election, except to the extent that under | ||||||
20 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
21 | Constitution each house of the General
Assembly shall judge | ||||||
22 | the elections, returns, and qualifications of its members.
| ||||||
23 | "Prohibited source" means any person or entity who:
| ||||||
24 | (1) is seeking official action (i) by the
member or | ||||||
25 | officer or (ii) in the case of an employee, by
the employee
| ||||||
26 | or by the
member, officer, State agency, or other employee |
| |||||||
| |||||||
1 | directing the
employee;
| ||||||
2 | (2) does business or seeks to do business (i) with the
| ||||||
3 | member or officer or (ii) in the case of an employee,
with | ||||||
4 | the
employee or with the member, officer, State agency, or | ||||||
5 | other
employee directing the
employee;
| ||||||
6 | (3) conducts activities regulated (i) by the
member or | ||||||
7 | officer or (ii) in the case of an employee, by
the employee | ||||||
8 | or by the member, officer, State agency, or
other employee | ||||||
9 | directing the employee;
| ||||||
10 | (4) has interests that may be substantially affected by | ||||||
11 | the performance or
non-performance of the official duties | ||||||
12 | of the member, officer, or
employee; or
| ||||||
13 | (5) is registered or required to be registered with the | ||||||
14 | Secretary of State
under the Lobbyist Registration Act, | ||||||
15 | except that an entity not otherwise a
prohibited source | ||||||
16 | does not become a prohibited source merely because a
| ||||||
17 | registered lobbyist is one of its members or serves on its | ||||||
18 | board of
directors ; or | ||||||
19 | (6) is an agent of, a spouse of, or an immediate family | ||||||
20 | member who is living with a "prohibited source" .
| ||||||
21 | "State agency" includes all officers, boards, commissions | ||||||
22 | and agencies
created by the Constitution, whether in the | ||||||
23 | executive or legislative
branch; all officers,
departments, | ||||||
24 | boards, commissions, agencies, institutions, authorities,
| ||||||
25 | public institutions of higher learning as defined in Section 2 | ||||||
26 | of the Higher
Education
Cooperation Act (except community |
| |||||||
| |||||||
1 | colleges), and bodies politic and corporate of the State; and
| ||||||
2 | administrative
units or corporate outgrowths of the State | ||||||
3 | government which are created by
or pursuant to statute, other | ||||||
4 | than units of local government (including community college | ||||||
5 | districts) and their
officers, school districts, and boards of | ||||||
6 | election commissioners; and all
administrative units and | ||||||
7 | corporate outgrowths of the above and as may be
created by | ||||||
8 | executive order of the Governor. "State agency" includes the | ||||||
9 | General
Assembly, the Senate, the House of Representatives, the | ||||||
10 | President and Minority
Leader of the Senate, the Speaker and | ||||||
11 | Minority Leader of the House of
Representatives, the Senate | ||||||
12 | Operations Commission, and the legislative support
services | ||||||
13 | agencies. "State agency" includes the Office
of the Auditor | ||||||
14 | General. "State agency" does not include the judicial branch.
| ||||||
15 | "State employee" means any employee of a State agency.
| ||||||
16 | "Ultimate jurisdictional
authority" means the following:
| ||||||
17 | (1) For members, legislative partisan staff, and | ||||||
18 | legislative secretaries,
the appropriate
legislative | ||||||
19 | leader: President of the
Senate, Minority Leader of the | ||||||
20 | Senate, Speaker of the House of Representatives,
or | ||||||
21 | Minority Leader of the House of Representatives.
| ||||||
22 | (2) For State employees who are professional staff or | ||||||
23 | employees of the
Senate and not covered under item (1), the | ||||||
24 | Senate Operations Commission.
| ||||||
25 | (3) For State employees who are professional staff or | ||||||
26 | employees of the
House of Representatives and not covered |
| |||||||
| |||||||
1 | under item (1), the Speaker of the
House of | ||||||
2 | Representatives.
| ||||||
3 | (4) For State employees who are employees of the | ||||||
4 | legislative support
services agencies, the Joint Committee | ||||||
5 | on Legislative Support Services.
| ||||||
6 | (5) For State employees of the Auditor General, the | ||||||
7 | Auditor General.
| ||||||
8 | (6) For State employees of public institutions of | ||||||
9 | higher learning as
defined in Section 2 of the Higher | ||||||
10 | Education Cooperation Act (except community colleges), the | ||||||
11 | board of
trustees of the appropriate public institution of | ||||||
12 | higher learning.
| ||||||
13 | (7) For State employees of an executive branch | ||||||
14 | constitutional officer
other than those described in | ||||||
15 | paragraph (6), the
appropriate executive branch | ||||||
16 | constitutional officer.
| ||||||
17 | (8) For State employees not under the jurisdiction of | ||||||
18 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
19 | Governor.
| ||||||
20 | (Source: P.A. 95-880, eff. 8-19-08.) | ||||||
21 | (5 ILCS 430/5-30)
| ||||||
22 | Sec. 5-30. Prohibited offer or promise.
An officer or | ||||||
23 | employee of the executive or legislative branch or a
candidate | ||||||
24 | for an executive or legislative branch office may not provide, | ||||||
25 | attempt to provide, offer, or promise , directly or indirectly,
|
| |||||||
| |||||||
1 | anything of value related to State government, including but | ||||||
2 | not limited to
positions in State government, promotions, or | ||||||
3 | salary increases, other employment benefits, board or | ||||||
4 | commission appointments, favorable treatment in any official | ||||||
5 | or regulatory matter, the awarding of any public contract, or | ||||||
6 | action or inaction on any legislative or regulatory matter, in
| ||||||
7 | consideration for a contribution to a political committee, | ||||||
8 | political party, or
other person or entity that has as one of | ||||||
9 | its purposes the financial support of a
candidate for elective | ||||||
10 | office.
| ||||||
11 | Nothing in this Section prevents the making or accepting of | ||||||
12 | voluntary
contributions otherwise in accordance with law.
| ||||||
13 | (Source: P.A. 93-615, eff. 11-19-03.) | ||||||
14 | (5 ILCS 430/5-31 new)
| ||||||
15 | Sec. 5-31. Duty to report. Any State employee who is | ||||||
16 | requested or directed by an officer, member, or employee of the | ||||||
17 | executive or legislative branch or a candidate for an executive | ||||||
18 | or legislative branch office to engage in activity prohibited | ||||||
19 | by Section 5-30 shall report such request or directive to the | ||||||
20 | appropriate Inspector General. A State employee may also report | ||||||
21 | such activity to an appropriate law enforcement agency. | ||||||
22 | (5 ILCS 430/5-45)
| ||||||
23 | Sec. 5-45. Procurement; revolving door prohibition.
| ||||||
24 | (a) No former officer, member, or State employee, or spouse |
| |||||||
| |||||||
1 | or
immediate family member living with such person, shall, | ||||||
2 | within a period of one
year immediately after termination of | ||||||
3 | State employment, knowingly accept
employment or receive | ||||||
4 | compensation or fees for services from a person or entity
if | ||||||
5 | the officer, member, or State employee, during the year | ||||||
6 | immediately
preceding termination of State employment, | ||||||
7 | participated personally and
substantially in the decision to | ||||||
8 | award of State contracts with a cumulative value
of over | ||||||
9 | $25,000
or more to the person or entity, or its parent or | ||||||
10 | subsidiary.
| ||||||
11 | (b) No former officer of the executive branch or State | ||||||
12 | employee of the
executive branch with regulatory or
licensing | ||||||
13 | authority, or spouse or immediate family member living with | ||||||
14 | such
person, shall, within a period of one year immediately | ||||||
15 | after termination of
State employment, knowingly accept | ||||||
16 | employment or receive compensation or of fees
for services from | ||||||
17 | a person or entity if the officer
or State
employee, during the | ||||||
18 | year immediately preceding
termination of State employment, | ||||||
19 | participated personally and substantially in making made a | ||||||
20 | regulatory or licensing decision that
directly applied to the | ||||||
21 | person or entity, or its parent or subsidiary.
| ||||||
22 | (c) No spouse or immediate family member living with a | ||||||
23 | currently serving officer, member, or State employee who, upon | ||||||
24 | termination, would be subject to the restrictions contained in | ||||||
25 | subsection (a) or (b) of this Section, shall knowingly accept | ||||||
26 | employment or receive compensation or fees for services from a |
| |||||||
| |||||||
1 | person or entity, or its parent or subsidiary, if the covered | ||||||
2 | person to whom he or she is related engaged in conduct | ||||||
3 | described in subsection (a) or (b) with respect to that person | ||||||
4 | or entity, or its parent or subsidiary, during the prior 12 | ||||||
5 | months. This subsection does not apply to employment or | ||||||
6 | compensation or fees for services or relationships entered into | ||||||
7 | prior to the effective date of this amendatory Act of the 96th | ||||||
8 | General Assembly. The requirements of this Section may be | ||||||
9 | waived
(i) for the executive
branch, in writing by
the | ||||||
10 | Executive Ethics Commission, (ii) for the
legislative branch, | ||||||
11 | in writing by
the Legislative Ethics Commission, and (iii) for | ||||||
12 | the
Auditor General, in writing by the Auditor General.
During | ||||||
13 | the time period from the effective date of this amendatory Act | ||||||
14 | of the
93rd General Assembly until the Executive Ethics | ||||||
15 | Commission first meets, the
requirements of this Section may be | ||||||
16 | waived in writing by the appropriate
ultimate jurisdictional | ||||||
17 | authority. During the time period from the
effective date of | ||||||
18 | this amendatory Act of the 93rd General Assembly until the
| ||||||
19 | Legislative Ethics Commission first meets, the requirements of | ||||||
20 | this Section may
be waived in writing by the appropriate | ||||||
21 | ultimate jurisdictional authority.
The waiver shall be granted
| ||||||
22 | upon a showing that the
prospective
employment or relationship | ||||||
23 | did not affect the decisions referred to in sections
(a) and | ||||||
24 | (b).
| ||||||
25 | (d) Each of the officers, agencies, and entities referenced | ||||||
26 | in Section 5-5(a) of this Act shall adopt a policy delineating |
| |||||||
| |||||||
1 | which State positions under his, her, or its jurisdiction and | ||||||
2 | control, by the nature of their duties, may have the authority | ||||||
3 | to participate personally and substantially in the award of | ||||||
4 | State contracts or in regulatory or licensing decisions. The | ||||||
5 | Governor shall adopt such a policy for all State employees of | ||||||
6 | the executive branch not under the jurisdiction and control of | ||||||
7 | any other executive branch constitutional officer. This | ||||||
8 | Section applies only to persons who terminate an affected | ||||||
9 | position
on or after the effective date of this amendatory Act | ||||||
10 | of the 93rd General
Assembly.
| ||||||
11 | (e) The policies required under subsection (d) of this | ||||||
12 | Section shall be filed with the appropriate ethics commission | ||||||
13 | established under this Act or, for the Auditor General, with | ||||||
14 | the Office of the Auditor General. | ||||||
15 | (f) The policies required under subsection (d) of this | ||||||
16 | Section shall be adopted by the applicable entity within 6 | ||||||
17 | months after the effective date of this amendatory Act of the | ||||||
18 | 96th General Assembly. | ||||||
19 | (g) Each Inspector General shall have the authority to | ||||||
20 | determine that additional State positions under his or her | ||||||
21 | jurisdiction, not otherwise subject to the policies required by | ||||||
22 | subsection (d) of this Section, are nonetheless subject to the | ||||||
23 | notification requirement of subsection (i) below due to their | ||||||
24 | involvement in the award of State contracts or in regulatory or | ||||||
25 | licensing decisions. | ||||||
26 | (h) Each of the officers, agencies, and entities subject to |
| |||||||
| |||||||
1 | subsection (d) of this Section shall provide written | ||||||
2 | notification in the following forms to all employees in | ||||||
3 | positions subject to the policies required by subsection (d) or | ||||||
4 | a determination made under subsection (g): | ||||||
5 | (1) upon hiring, promotion, or transfer into the | ||||||
6 | relevant position; at the time the employee's duties are | ||||||
7 | changed in such a way as to qualify that employee; or upon | ||||||
8 | a determination made under subsection (g); and | ||||||
9 | (2) as part of the employee's ethics training provided | ||||||
10 | pursuant to Section 5-10 of this Act. | ||||||
11 | (i) Any State employee in a position subject to the | ||||||
12 | policies required by subsection (d) or to a determination under | ||||||
13 | subsection (g), but who does not fall within the prohibition of | ||||||
14 | subsection (l) below, who is offered non-State employment | ||||||
15 | during State employment or within a period of one year | ||||||
16 | immediately after termination of State employment shall, prior | ||||||
17 | to accepting such non-State employment, notify the appropriate | ||||||
18 | Inspector General. Such Inspector General shall make a | ||||||
19 | determination as to whether the State employee is restricted | ||||||
20 | from accepting such employment by subsections (a), (b), or (c). | ||||||
21 | For purposes of this subsection, "appropriate Inspector | ||||||
22 | General" means (i) for members and employees of the legislative | ||||||
23 | branch, the Legislative Inspector General; (ii) for the Auditor | ||||||
24 | General and employees of the Office of the Auditor General, the | ||||||
25 | Inspector General provided for in Section 30-5 of this Act; and | ||||||
26 | (iii) for executive branch officers and employees, the |
| |||||||
| |||||||
1 | Inspector General having jurisdiction over the officer or | ||||||
2 | employee. | ||||||
3 | (j) A spouse of an employee in a position subject to the | ||||||
4 | notification requirement in subsection (i) of this Section, or | ||||||
5 | an immediate family member living with such an employee, shall | ||||||
6 | also be subject to the notification requirement for the same | ||||||
7 | period of time. Upon notification pursuant to this subsection, | ||||||
8 | the appropriate Inspector General shall make a determination as | ||||||
9 | to whether the spouse or immediate family member living with | ||||||
10 | such employee is restricted from accepting employment by | ||||||
11 | subsection (a), (b), or (c) above. | ||||||
12 | (k) An Inspector General's determination regarding | ||||||
13 | restrictions under subsection (a), (b), or (c) may be appealed | ||||||
14 | to the appropriate Ethics Commission. Notice of any | ||||||
15 | determination of an inspector general and of any such appeal | ||||||
16 | shall be given to the Attorney General. The standard of proof | ||||||
17 | in all such determinations shall be by clear and convincing | ||||||
18 | evidence. "Participated personally and substantially" may be | ||||||
19 | further defined by rules adopted by the Executive Ethics | ||||||
20 | Commission for the executive branch, the Legislative Ethics | ||||||
21 | Commission for the legislative branch, and the Auditor General | ||||||
22 | for the Auditor General and employees of the Office of the | ||||||
23 | Auditor General. | ||||||
24 | (l) The following officers, members, or State employees, or | ||||||
25 | a spouse or immediate family member living with such person, | ||||||
26 | shall not, within a period of one year immediately after |
| |||||||
| |||||||
1 | termination of State employment, knowingly accept employment | ||||||
2 | or receive compensation or fees for services from a person or | ||||||
3 | entity if the person or entity or its parent or subsidiary, | ||||||
4 | during the year immediately preceding termination of State | ||||||
5 | employment, was a party to a State contract or contracts with a | ||||||
6 | cumulative value of $25,000 or more or was the subject of a | ||||||
7 | regulatory or licensing decision involving the officer, | ||||||
8 | member, or State employee's State agency, regardless of whether | ||||||
9 | he or she participated personally and substantially in the | ||||||
10 | award of the State contract or contracts or the making of the | ||||||
11 | 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 | confirmation by 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, associate procurement | ||||||
21 | officers, State purchasing officers, and their designees | ||||||
22 | whose duties are directly related to State procurement; | ||||||
23 | (6) agency or office legal counsels; | ||||||
24 | (7) chiefs of staff, deputy chiefs of staff, associate | ||||||
25 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
26 | governors; and |
| |||||||
| |||||||
1 | (8) those who function as or who exercise similar | ||||||
2 | authority within the government of this State to those | ||||||
3 | enumerated in this subsection. | ||||||
4 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | ||||||
5 | (5 ILCS 430/10-15)
| ||||||
6 | Sec. 10-15. Gift ban; exceptions. The restriction in | ||||||
7 | Section 10-10 does
not apply to the following:
| ||||||
8 | (1) Opportunities, benefits, and services that are | ||||||
9 | available on the same
conditions as for the general public.
| ||||||
10 | (2) Anything for which the officer, member, or State | ||||||
11 | employee pays the
market value.
| ||||||
12 | (3) Any (i) contribution that is lawfully made under | ||||||
13 | the Election Code or
under
this Act or (ii) activities | ||||||
14 | associated with a fundraising event in support of
a | ||||||
15 | political
organization or candidate.
| ||||||
16 | (4) Educational materials and missions. This exception | ||||||
17 | may be further
defined by rules adopted by the
appropriate | ||||||
18 | ethics commission
or by the Auditor General for the Auditor | ||||||
19 | General and employees of the Office
of the Auditor General.
| ||||||
20 | (5) Travel expenses for a meeting to discuss State | ||||||
21 | business. This exception
may be further defined by
rules | ||||||
22 | adopted by the appropriate ethics commission
or by the | ||||||
23 | Auditor General for the Auditor General and employees of | ||||||
24 | the Office
of the Auditor General.
| ||||||
25 | (6) A gift from a relative,
meaning those people |
| |||||||
| |||||||
1 | related to the individual as father, mother, son,
daughter,
| ||||||
2 | brother, sister, uncle, aunt, great aunt, great uncle, | ||||||
3 | first cousin, nephew,
niece, husband, wife, grandfather, | ||||||
4 | grandmother, grandson, granddaughter,
father-in-law, | ||||||
5 | mother-in-law, son-in-law, daughter-in-law, | ||||||
6 | brother-in-law,
sister-in-law, stepfather, stepmother, | ||||||
7 | stepson, stepdaughter, stepbrother,
stepsister, half | ||||||
8 | brother, half sister, and including the father, mother,
| ||||||
9 | grandfather, or grandmother of the individual's spouse and | ||||||
10 | the individual's
fiance or fiancee.
| ||||||
11 | (7) Anything provided by an individual on the basis of | ||||||
12 | a personal
friendship unless the member, officer, or | ||||||
13 | employee has reason to
believe
that,
under the | ||||||
14 | circumstances, the gift was provided because of the | ||||||
15 | official position
or employment of the member, officer, or | ||||||
16 | employee and not
because of the
personal friendship.
| ||||||
17 | In determining whether a gift is provided on the basis | ||||||
18 | of personal
friendship, the member, officer, or employee | ||||||
19 | shall consider
the
circumstances
under which the gift was | ||||||
20 | offered, such as:
| ||||||
21 | (i) the history of the relationship between the | ||||||
22 | individual giving the gift
and the recipient of the | ||||||
23 | gift, including any previous exchange of gifts between
| ||||||
24 | those individuals;
| ||||||
25 | (ii) whether to the actual knowledge of the member, | ||||||
26 | officer, or
employee the individual who gave the gift |
| |||||||
| |||||||
1 | personally paid for the
gift or sought a
tax deduction | ||||||
2 | or business reimbursement for the gift; and
| ||||||
3 | (iii) whether to the actual knowledge of the | ||||||
4 | member, officer, or
employee
the individual who gave | ||||||
5 | the gift also at the same time gave the same or similar
| ||||||
6 | gifts to other members, officers, or employees.
| ||||||
7 | (8) Food or refreshments not exceeding $75 per person | ||||||
8 | in value on a single
calendar day; provided
that the food | ||||||
9 | or refreshments are (i) consumed on the premises from which | ||||||
10 | they
were purchased or prepared or (ii) catered. For the | ||||||
11 | purposes of this Section,
"catered" means food or | ||||||
12 | refreshments that are purchased ready to eat and
delivered | ||||||
13 | by any means.
| ||||||
14 | (8) (9) Food, refreshments, lodging, transportation, | ||||||
15 | and other
benefits resulting from the outside business or | ||||||
16 | employment activities
(or outside activities that are not | ||||||
17 | connected to the duties of the officer,
member, or employee | ||||||
18 | as an office holder or employee) of the officer,
member, or | ||||||
19 | employee, or the spouse of the officer, member, or
| ||||||
20 | employee, if the benefits have not been offered or enhanced | ||||||
21 | because of
the official position or employment of the | ||||||
22 | officer, member, or
employee, and are customarily provided | ||||||
23 | to others in similar
circumstances.
| ||||||
24 | (9) (10) Intra-governmental and inter-governmental | ||||||
25 | gifts. For the purpose of
this Act, "intra-governmental | ||||||
26 | gift" means any gift given to a member, officer,
or |
| |||||||
| |||||||
1 | employee of a State agency from another member, officer, or | ||||||
2 | employee of the
same State agency; and "inter-governmental | ||||||
3 | gift" means any gift given to a
member, officer, or
| ||||||
4 | employee of a State agency, by a member, officer, or
| ||||||
5 | employee of another State
agency, of a federal agency, or | ||||||
6 | of any governmental entity.
| ||||||
7 | (10) (11) Bequests, inheritances, and other transfers | ||||||
8 | at death.
| ||||||
9 | (11) (12) Any item or items from any one prohibited | ||||||
10 | source during
any calendar year having a cumulative total | ||||||
11 | value of less than $ 25 100 .
| ||||||
12 | Each of the exceptions listed in this Section is mutually | ||||||
13 | exclusive and
independent of one another , but exception 11 may | ||||||
14 | not be applied to more than one member of the same immediate | ||||||
15 | family (spouse and minor children living at home) during the | ||||||
16 | same calendar year .
| ||||||
17 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
18 | (5 ILCS 430/15-25)
| ||||||
19 | Sec. 15-25. Remedies. The State employee may be awarded | ||||||
20 | all remedies
necessary to make
the State employee whole and to | ||||||
21 | prevent future violations of this Article.
The circuit courts | ||||||
22 | of this State shall have jurisdiction to hear cases brought | ||||||
23 | under this Article. Remedies imposed by the court may include, | ||||||
24 | but are not limited to, all of the
following:
| ||||||
25 | (1) reinstatement of the employee to either the same |
| |||||||
| |||||||
1 | position held before
the retaliatory action or to an | ||||||
2 | equivalent position;
| ||||||
3 | (2) 2 times the amount of back pay;
| ||||||
4 | (3) interest on the back pay;
| ||||||
5 | (4) the reinstatement of full fringe benefits and | ||||||
6 | seniority rights;
and
| ||||||
7 | (5) the payment of reasonable costs and attorneys' | ||||||
8 | fees.
| ||||||
9 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | ||||||
10 | (5 ILCS 430/20-5)
| ||||||
11 | Sec. 20-5. Executive Ethics Commission.
| ||||||
12 | (a) The Executive Ethics Commission is created.
| ||||||
13 | (b) The Executive Ethics Commission shall consist of 9
| ||||||
14 | commissioners.
The Governor shall appoint 5 commissioners, and | ||||||
15 | the Attorney General, Secretary
of State, Comptroller, and | ||||||
16 | Treasurer shall each appoint one commissioner ; provided, | ||||||
17 | however, that beginning July 1, 2011, the Executive Ethics | ||||||
18 | Commission shall consist of 7 commissioners. The Governor shall | ||||||
19 | appoint 3 commissioners, and the Attorney General, Secretary of | ||||||
20 | State, Comptroller, and Treasurer shall each appoint one | ||||||
21 | commissioner. The Governor shall appoint 2 commissioners to | ||||||
22 | terms commencing July 1, 2011. The incumbent commissioners | ||||||
23 | whose 4-year terms expire after June 30, 2011, shall continue | ||||||
24 | to serve until the expiration of their terms of office .
| ||||||
25 | Appointments shall be made by and with the advice and consent |
| |||||||
| |||||||
1 | of the
Senate by three-fifths of the elected members concurring | ||||||
2 | by record vote.
Any nomination not acted upon by the Senate | ||||||
3 | within 60 session days of the
receipt thereof shall be deemed | ||||||
4 | to have received the advice and consent of
the Senate. If, | ||||||
5 | during a recess of the Senate, there is a vacancy in an office
| ||||||
6 | of commissioner, the appointing authority shall make a | ||||||
7 | temporary
appointment until the next meeting of the Senate when | ||||||
8 | the appointing
authority shall make a nomination to fill that | ||||||
9 | office. No person rejected for
an office of commissioner shall, | ||||||
10 | except by the Senate's request, be
nominated again for that | ||||||
11 | office at the same session of the Senate or be
appointed to | ||||||
12 | that office during a recess of that Senate.
No more than 4 5
| ||||||
13 | commissioners may be of the same
political party.
| ||||||
14 | The terms of the initial commissioners shall commence upon | ||||||
15 | qualification.
Four initial appointees of the Governor, as | ||||||
16 | designated by the Governor, shall
serve terms running through | ||||||
17 | June 30, 2007. One initial appointee of the
Governor, as | ||||||
18 | designated by the Governor, and the initial appointees of the
| ||||||
19 | Attorney General, Secretary of State, Comptroller, and | ||||||
20 | Treasurer shall serve
terms running through June 30, 2008.
The | ||||||
21 | initial appointments shall be made within 60 days
after the | ||||||
22 | effective date of this Act.
| ||||||
23 | After the initial terms, commissioners shall serve for | ||||||
24 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
25 | and running
through June 30 of the fourth following year ; | ||||||
26 | provided, however, that beginning with the commissioners whose |
| |||||||
| |||||||
1 | appointments commence on July 1, 2011, commissioners shall be | ||||||
2 | appointed for 6-year terms, commencing on July 1 of the year of | ||||||
3 | appointment and running through June 30 of the sixth following | ||||||
4 | year . Commissioners having served in excess of 5 years as | ||||||
5 | members of the Commission shall be ineligible for | ||||||
6 | reappointment. may be
reappointed to one or more subsequent | ||||||
7 | terms.
| ||||||
8 | Vacancies occurring other than at the end of a term shall | ||||||
9 | be filled
by the appointing authority only for the balance of | ||||||
10 | the
term of the commissioner whose office is vacant.
| ||||||
11 | Terms shall run regardless of whether the position is | ||||||
12 | filled.
| ||||||
13 | (c) The appointing authorities shall appoint commissioners | ||||||
14 | who
have experience holding governmental office or employment | ||||||
15 | and shall
appoint commissioners from the general public.
A | ||||||
16 | person is not eligible to
serve as a commissioner if that | ||||||
17 | person (i) has been convicted of a
felony or a crime of | ||||||
18 | dishonesty or moral turpitude, (ii) is, or was
within the | ||||||
19 | preceding 12 months, engaged in activities that
require | ||||||
20 | registration under the Lobbyist Registration Act, (iii) is | ||||||
21 | related
to the appointing authority, or (iv) is a State officer | ||||||
22 | or employee.
| ||||||
23 | (d) The Executive Ethics Commission shall have
| ||||||
24 | jurisdiction over all officers and employees of State agencies | ||||||
25 | other
than the General Assembly, the Senate, the House of | ||||||
26 | Representatives,
the President and Minority Leader of the |
| |||||||
| |||||||
1 | Senate, the Speaker and
Minority Leader of the House of | ||||||
2 | Representatives, the Senate
Operations Commission, the | ||||||
3 | legislative support services agencies, and
the Office of the | ||||||
4 | Auditor General.
The jurisdiction of the
Commission is limited | ||||||
5 | to matters arising under this Act , except with regard to | ||||||
6 | oversight of investigations undertaken by the Executive | ||||||
7 | Inspector General consistent with the broader authority set | ||||||
8 | forth in Section 20-10 (c) of this Act .
| ||||||
9 | (e) The Executive Ethics Commission must meet, either
in | ||||||
10 | person or by other technological means, at least monthly and as
| ||||||
11 | often as necessary. At the first meeting of the Executive
| ||||||
12 | Ethics Commission, the commissioners shall choose from their
| ||||||
13 | number a chairperson and other officers that they deem | ||||||
14 | appropriate.
The terms of officers shall be for 2 years | ||||||
15 | commencing July 1 and
running through June 30 of the second | ||||||
16 | following year. Meetings shall be held at
the call
of the | ||||||
17 | chairperson or any 3 commissioners. Official action by the
| ||||||
18 | Commission shall require the affirmative vote of 4 5 | ||||||
19 | commissioners, and
a quorum shall consist of 3 5 commissioners. | ||||||
20 | Commissioners shall receive
compensation in an amount equal to | ||||||
21 | the compensation of members of the State
Board of Elections and | ||||||
22 | may be
reimbursed for their reasonable expenses actually | ||||||
23 | incurred in the
performance of their duties.
| ||||||
24 | (f) No commissioner or employee of the Executive
Ethics | ||||||
25 | Commission may during his or her term of appointment or | ||||||
26 | employment:
|
| |||||||
| |||||||
1 | (1) become a candidate for any elective office;
| ||||||
2 | (2) hold any other elected or appointed public office | ||||||
3 | except for
appointments on governmental advisory boards or | ||||||
4 | study commissions or as
otherwise expressly authorized by | ||||||
5 | law;
| ||||||
6 | (3) be actively involved in the affairs of any | ||||||
7 | political party or
political
organization; or
| ||||||
8 | (4) actively participate in any campaign for any | ||||||
9 | elective office.
| ||||||
10 | (g) An appointing authority may remove a commissioner only | ||||||
11 | for cause.
| ||||||
12 | (h) The Executive Ethics Commission shall appoint an | ||||||
13 | Executive Director. The
compensation of the Executive Director | ||||||
14 | shall be as determined by the Commission
or by the Compensation | ||||||
15 | Review Board, whichever amount is higher. The Executive
| ||||||
16 | Director of the Executive Ethics Commission may employ and | ||||||
17 | determine the
compensation of staff, as appropriations permit.
| ||||||
18 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
19 | (5 ILCS 430/20-10)
| ||||||
20 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
21 | (a) Five independent Offices of the Executive Inspector | ||||||
22 | General are
created,
one each for the Governor, the Attorney | ||||||
23 | General, the Secretary of State, the
Comptroller, and the | ||||||
24 | Treasurer. Each Office shall be under the direction and
| ||||||
25 | supervision
of an Executive Inspector General and shall be a |
| |||||||
| |||||||
1 | fully independent office with
separate
appropriations.
| ||||||
2 | (b) The Governor, Attorney General, Secretary of State, | ||||||
3 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
4 | Inspector General, without regard to
political affiliation and | ||||||
5 | solely on the basis of integrity and
demonstrated ability.
| ||||||
6 | Appointments shall be made by and with the advice and consent | ||||||
7 | of the
Senate by three-fifths of the elected members concurring | ||||||
8 | by record vote.
Any nomination not acted upon by the Senate | ||||||
9 | within 60 session days of the
receipt thereof shall be deemed | ||||||
10 | to have received the advice and consent of
the Senate. If, | ||||||
11 | during a recess of the Senate, there is a vacancy in an office
| ||||||
12 | of Executive Inspector General, the appointing authority shall | ||||||
13 | make a
temporary appointment until the next meeting of the | ||||||
14 | Senate when the
appointing authority shall make a nomination to | ||||||
15 | fill that office. No person
rejected for an office of Executive | ||||||
16 | Inspector General shall, except by the
Senate's request, be | ||||||
17 | nominated again for that office at the same session of
the | ||||||
18 | Senate or be appointed to that office during a recess of that | ||||||
19 | Senate.
| ||||||
20 | Nothing in this Article precludes the appointment by the | ||||||
21 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
22 | or Treasurer of any other inspector general
required or
| ||||||
23 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
24 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
25 | inspector general as the Executive Inspector
General
required | ||||||
26 | by this
Article, provided that such an inspector general is not |
| |||||||
| |||||||
1 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
2 | interest from serving as the Executive
Inspector General
| ||||||
3 | required by
this Article.
An appointing authority may not | ||||||
4 | appoint a relative as an Executive Inspector
General.
| ||||||
5 | Each Executive Inspector General shall have the following | ||||||
6 | qualifications:
| ||||||
7 | (1) has not been convicted of any felony under the laws | ||||||
8 | of this State,
another State, or the United States;
| ||||||
9 | (2) has earned a baccalaureate degree from an | ||||||
10 | institution of higher
education; and
| ||||||
11 | (3) has 5 or more years of cumulative service (A) with | ||||||
12 | a federal,
State, or
local law enforcement agency, at least | ||||||
13 | 2 years of which have been in a
progressive investigatory | ||||||
14 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
15 | as a
senior manager or executive of a federal, State, or | ||||||
16 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
17 | federal judge; or (E) representing any combination of (A) | ||||||
18 | through (D).
| ||||||
19 | The term of each initial Executive Inspector General shall
| ||||||
20 | commence upon qualification and shall run through June 30, | ||||||
21 | 2008. The
initial appointments shall be made within 60 days | ||||||
22 | after the effective
date of this Act.
| ||||||
23 | After the initial term, each Executive Inspector General | ||||||
24 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
25 | of appointment
and running through June 30 of the fifth | ||||||
26 | following year. An
Executive Inspector General may be |
| |||||||
| |||||||
1 | reappointed to one or more
subsequent terms.
| ||||||
2 | A vacancy occurring other than at the end of a term shall | ||||||
3 | be filled
by the appointing authority only for the balance of | ||||||
4 | the term of the Executive
Inspector General whose office is | ||||||
5 | vacant.
| ||||||
6 | Terms shall run regardless of whether the position is | ||||||
7 | filled.
| ||||||
8 | (c) The Executive Inspector General appointed by the | ||||||
9 | Attorney General shall
have jurisdiction over the Attorney | ||||||
10 | General and all officers and employees of,
and vendors and | ||||||
11 | others doing business with,
State agencies within the | ||||||
12 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
13 | General appointed by the Secretary of State shall have | ||||||
14 | jurisdiction
over the Secretary of State and all officers and | ||||||
15 | employees of, and vendors and
others doing business with, State | ||||||
16 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
17 | Executive Inspector General
appointed by the Comptroller shall | ||||||
18 | have jurisdiction over the Comptroller and
all officers and | ||||||
19 | employees of, and vendors and others doing business with,
State | ||||||
20 | agencies within the jurisdiction of the Comptroller. The
| ||||||
21 | Executive Inspector General appointed by the Treasurer shall | ||||||
22 | have jurisdiction
over the Treasurer and all officers and | ||||||
23 | employees of, and vendors and others
doing business with, State | ||||||
24 | agencies within the jurisdiction
of the Treasurer. The | ||||||
25 | Executive Inspector General appointed by the Governor
shall | ||||||
26 | have jurisdiction over the Governor, the Lieutenant Governor, |
| |||||||
| |||||||
1 | and all
officers and employees of, and vendors and others doing | ||||||
2 | business with,
executive branch State agencies under the | ||||||
3 | jurisdiction of the
Executive Ethics Commission and not within | ||||||
4 | the jurisdiction of the
Attorney
General, the Secretary of | ||||||
5 | State, the Comptroller, or the Treasurer.
| ||||||
6 | The jurisdiction of each Executive Inspector General is to | ||||||
7 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
8 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
9 | violations of this Act or violations of other related
laws and | ||||||
10 | rules.
| ||||||
11 | (d) The minimum compensation for each Executive Inspector | ||||||
12 | General shall be
determined by the Executive Ethics Commission , | ||||||
13 | and shall be made from appropriations made to the Comptroller | ||||||
14 | for this purpose . The actual compensation for each
Executive | ||||||
15 | Inspector General shall be determined by the appointing | ||||||
16 | executive
branch
constitutional officer and must be at or above | ||||||
17 | the minimum compensation level
set by
the Executive Ethics | ||||||
18 | Commission. Subject to Section 20-45 of this Act, each
| ||||||
19 | Executive Inspector General has full
authority
to organize his | ||||||
20 | or her Office of the Executive Inspector General, including the
| ||||||
21 | employment and determination of the compensation of staff, such | ||||||
22 | as deputies,
assistants, and other employees, as | ||||||
23 | appropriations permit. A separate
appropriation
shall be made | ||||||
24 | for each Office of Executive Inspector General , and such | ||||||
25 | appropriation shall be exempt from supervision by the | ||||||
26 | Governor's Office of Management and Budget except for the |
| |||||||
| |||||||
1 | processing of budget submissions .
| ||||||
2 | (e) No Executive Inspector General or employee of the | ||||||
3 | Office of
the Executive Inspector General may, during his or | ||||||
4 | her term of appointment or
employment:
| ||||||
5 | (1) become a candidate for any elective office;
| ||||||
6 | (2) hold any other elected or appointed public office
| ||||||
7 | except for appointments on governmental advisory boards
or | ||||||
8 | study commissions or as otherwise expressly authorized by | ||||||
9 | law;
| ||||||
10 | (3) be actively involved in the affairs of any | ||||||
11 | political party or
political organization; or
| ||||||
12 | (4) actively participate in any campaign for any
| ||||||
13 | elective office.
| ||||||
14 | In this subsection an appointed public office means a | ||||||
15 | position authorized by
law that is filled by an appointing | ||||||
16 | authority as provided by law and does not
include employment by | ||||||
17 | hiring in the ordinary course of business.
| ||||||
18 | (e-1) No Executive Inspector General or employee of the | ||||||
19 | Office of the
Executive Inspector General may, for one year | ||||||
20 | after the termination of his or
her appointment or employment:
| ||||||
21 | (1) become a candidate for any elective office;
| ||||||
22 | (2) hold any elected public office; or
| ||||||
23 | (3) hold any appointed State, county, or local judicial | ||||||
24 | office.
| ||||||
25 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
26 | be waived by the
Executive Ethics Commission.
|
| |||||||
| |||||||
1 | (f) An Executive Inspector General may be removed only for | ||||||
2 | cause and may
be removed only by the appointing constitutional | ||||||
3 | officer. At the time of the
removal,
the appointing | ||||||
4 | constitutional officer must report to the Executive Ethics
| ||||||
5 | Commission the
justification for the
removal.
| ||||||
6 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
7 | (5 ILCS 430/20-20)
| ||||||
8 | Sec. 20-20. Duties of the Executive Inspectors
General. In | ||||||
9 | addition to duties otherwise assigned by law,
each Executive | ||||||
10 | Inspector General shall have the following duties:
| ||||||
11 | (1) To receive and investigate allegations of | ||||||
12 | violations of this
Act. The
Executive Inspector General may | ||||||
13 | initiate an investigation upon the receipt of receive | ||||||
14 | information from through the
Office of any Executive | ||||||
15 | Inspector General , or
through an ethics commission , or any | ||||||
16 | other source .
An investigation may be conducted only in | ||||||
17 | response
to information reported to the Executive | ||||||
18 | Inspector General
as provided in this Section and not upon | ||||||
19 | his or her own prerogative.
Complaints Allegations may not | ||||||
20 | be filed made anonymously. An investigation may not be | ||||||
21 | initiated
more than 3 years one year after the most recent | ||||||
22 | act of the alleged violation or of a
series of alleged | ||||||
23 | violations except where there is reasonable cause to | ||||||
24 | believe
that fraudulent concealment has occurred. To | ||||||
25 | constitute fraudulent concealment
sufficient to toll this |
| |||||||
| |||||||
1 | limitations period, there must be an affirmative act or
| ||||||
2 | representation calculated to prevent discovery of the fact | ||||||
3 | that a violation has
occurred. The
Executive Inspector | ||||||
4 | General shall have the discretion to determine the
| ||||||
5 | appropriate means of investigation as permitted by law.
| ||||||
6 | (2) To request information relating to an | ||||||
7 | investigation from any
person when the Executive Inspector | ||||||
8 | General deems that information necessary in
conducting an | ||||||
9 | investigation.
| ||||||
10 | (3) To issue subpoenas
to compel the attendance of | ||||||
11 | witnesses for the
purposes of testimony and production of | ||||||
12 | documents and other items for
inspection and copying and to | ||||||
13 | make service of those subpoenas and subpoenas
issued under | ||||||
14 | item (7) of Section 20-15.
| ||||||
15 | (4) To submit reports as required by this Act.
| ||||||
16 | (5) To file
pleadings in the name of
the Executive | ||||||
17 | Inspector General with the Executive Ethics
Commission, | ||||||
18 | through the Attorney General, as provided in this Article | ||||||
19 | if the
Attorney General finds that reasonable cause exists | ||||||
20 | to believe that a violation
has
occurred.
| ||||||
21 | (6) To assist and coordinate the ethics officers
for | ||||||
22 | State agencies under the jurisdiction of the
Executive | ||||||
23 | Inspector General and to work with those ethics officers.
| ||||||
24 | (7) To participate in or conduct, when appropriate, | ||||||
25 | multi-jurisdictional
investigations.
| ||||||
26 | (8) To request, as the Executive Inspector General |
| |||||||
| |||||||
1 | deems appropriate, from
ethics officers
of State agencies | ||||||
2 | under his or her jurisdiction, reports or information
on | ||||||
3 | (i) the content of a State agency's ethics
training program | ||||||
4 | and (ii) the percentage of new officers and
employees who | ||||||
5 | have completed ethics training.
| ||||||
6 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
7 | (5 ILCS 430/20-20a new)
| ||||||
8 | Sec. 20-20a. Attorney General investigatory authority. In | ||||||
9 | addition to investigatory authority otherwise assigned by law, | ||||||
10 | the Attorney General shall have the authority to investigate | ||||||
11 | violations of this Act pursuant to notice received under | ||||||
12 | Section 5-45(k) or Section 20-50(c) of this Act. The Attorney | ||||||
13 | General shall have the discretion to determine the appropriate | ||||||
14 | means of investigation as permitted by law, including (i) the | ||||||
15 | request of information relating to an investigation from any | ||||||
16 | person when the Attorney General deems that information | ||||||
17 | necessary in conducting an investigation; and (ii) the issuance | ||||||
18 | of subpoenas to compel the attendance of witnesses for the | ||||||
19 | purposes of sworn testimony and production of documents and | ||||||
20 | other items for inspection and copying and to make service of | ||||||
21 | those subpoenas. | ||||||
22 | (5 ILCS 430/20-21)
| ||||||
23 | Sec. 20-21. Special Executive Inspectors General.
| ||||||
24 | (a) The Executive Ethics Commission, on its own initiative |
| |||||||
| |||||||
1 | and by majority
vote,
may appoint special Executive Inspectors | ||||||
2 | General (i) to investigate matters within the jurisdiction of | ||||||
3 | an Executive Inspector General alleged
violations of this Act | ||||||
4 | if
an investigation by the Inspector General was not concluded | ||||||
5 | within 6 months
after its
initiation, where the Commission | ||||||
6 | finds that the Inspector General's reasons
under Section 20-65 | ||||||
7 | for failing to complete the investigation are insufficient ,
and | ||||||
8 | (ii) to accept referrals from the Commission of allegations | ||||||
9 | made pursuant
to this Act concerning an Executive Inspector | ||||||
10 | General or employee of an Office
of an Executive Inspector | ||||||
11 | General and to investigate those allegations , and (iii) to | ||||||
12 | investigate matters within the jurisdiction of an Executive | ||||||
13 | Inspector General if an Executive Inspector General (including | ||||||
14 | his or her employees) could be reasonably deemed to be a | ||||||
15 | wrongdoer or suspect, or if in the determination of the | ||||||
16 | Commission, an investigation presents real or apparent | ||||||
17 | conflicts of interest for the Office of the Executive Inspector | ||||||
18 | General .
| ||||||
19 | (b) A special Executive Inspector General must have the | ||||||
20 | same qualifications
as an Executive Inspector General | ||||||
21 | appointed under Section 20-10.
| ||||||
22 | (c) The Commission's appointment of a special Executive | ||||||
23 | Inspector General
must be in writing and must specify the | ||||||
24 | duration and purpose of the
appointment.
| ||||||
25 | (d) A special Executive Inspector General shall have the | ||||||
26 | same powers and
duties
with respect to the purpose of his or |
| |||||||
| |||||||
1 | her appointment as an Executive
Inspector General appointed | ||||||
2 | under Section 20-10.
| ||||||
3 | (e) A special Executive
Inspector
General shall report the | ||||||
4 | findings of his or her investigation to the
Commission.
| ||||||
5 | (f) The Commission may report the findings of a special | ||||||
6 | Executive Inspector
General and its recommendations, if any, to | ||||||
7 | the appointing authority of the
appropriate Executive | ||||||
8 | Inspector General.
| ||||||
9 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
10 | (5 ILCS 430/20-45)
| ||||||
11 | Sec. 20-45. Standing; representation.
| ||||||
12 | (a) With the exception of a person appealing an Inspector | ||||||
13 | General's determination under Section 5-45(k) of this Act, only | ||||||
14 | Only an Executive Inspector General or the Attorney General may | ||||||
15 | bring actions before the
Executive Ethics Commission.
The | ||||||
16 | Attorney General may bring actions before the Executive Ethics | ||||||
17 | Commission pursuant to notice received under Section 5-45(k) or | ||||||
18 | Section 20-50(c) of this Act.
| ||||||
19 | (b) The Attorney General shall represent an Executive | ||||||
20 | Inspector General in
all proceedings before the
Commission.
| ||||||
21 | Whenever the Attorney General is sick or
absent, or unable to | ||||||
22 | attend, or is interested in any matter or
proceeding under this | ||||||
23 | Act, upon the filing of a petition under seal by any
person | ||||||
24 | with standing,
the Supreme Court (or any other court of | ||||||
25 | competent jurisdiction as designated
and determined by rule of |
| |||||||
| |||||||
1 | the Supreme Court) may appoint
some competent attorney to | ||||||
2 | prosecute or defend that matter or proceeding, and
the attorney | ||||||
3 | so appointed shall have the same
power and authority in | ||||||
4 | relation to
that matter or proceeding as the
Attorney General | ||||||
5 | would have had if present and
attending to the same.
| ||||||
6 | (c) Attorneys representing an Inspector General in
| ||||||
7 | proceedings before the Executive Ethics Commission, except an | ||||||
8 | attorney
appointed under subsection (b),
shall be appointed or | ||||||
9 | retained by the Attorney General, shall
be under the | ||||||
10 | supervision, direction, and control of the Attorney General, | ||||||
11 | and
shall serve at the pleasure of the Attorney General. The | ||||||
12 | compensation of any
attorneys appointed or retained in | ||||||
13 | accordance
with this subsection or subsection (b) shall be paid | ||||||
14 | by the appropriate Office
of the Executive
Inspector General.
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
16 | (5 ILCS 430/20-50)
| ||||||
17 | Sec. 20-50. Investigation reports; complaint procedure.
| ||||||
18 | (a) If an Executive Inspector General, upon the conclusion | ||||||
19 | of an
investigation, determines that reasonable cause exists to | ||||||
20 | believe that a
violation
has occurred, then
the Executive | ||||||
21 | Inspector General shall issue a summary report of the
| ||||||
22 | investigation. The report shall be delivered to the
appropriate | ||||||
23 | ultimate jurisdictional
authority and to the head of each State
| ||||||
24 | agency
affected by or involved in the investigation, if | ||||||
25 | appropriate.
|
| |||||||
| |||||||
1 | (b) The summary report of the investigation shall include | ||||||
2 | the following:
| ||||||
3 | (1) A description of any allegations or other | ||||||
4 | information
received by the Executive Inspector General | ||||||
5 | pertinent to the
investigation.
| ||||||
6 | (2) A description of any alleged misconduct discovered | ||||||
7 | in the
course of the investigation.
| ||||||
8 | (3) Recommendations for any corrective or disciplinary
| ||||||
9 | action to be taken in response to any alleged misconduct | ||||||
10 | described in the
report, including but not limited to | ||||||
11 | discharge.
| ||||||
12 | (4) Other information the Executive Inspector General
| ||||||
13 | deems relevant to the investigation or resulting | ||||||
14 | recommendations.
| ||||||
15 | If the summary report recommends corrective or | ||||||
16 | disciplinary action as described in subsection (b)(3), the | ||||||
17 | appropriate ultimate jurisdictional authority shall respond | ||||||
18 | within 30 days, in writing to the Executive Inspector General | ||||||
19 | and indicate what corrective or disciplinary action it has | ||||||
20 | imposed. Within 30 days after receiving the response from the | ||||||
21 | ultimate jurisdictional authority, the Executive Inspector | ||||||
22 | General shall deliver to the Executive Ethics Commission a copy | ||||||
23 | of the summary report and the response of the ultimate | ||||||
24 | jurisdictional authority. The Executive Ethics Commission | ||||||
25 | shall make public the summary report and the response of the | ||||||
26 | ultimate jurisdictional authority, unless the Executive Ethics |
| |||||||
| |||||||
1 | Commission determines that the public interest in disclosure is | ||||||
2 | outweighed by other factors, including the need for further | ||||||
3 | investigation of the case or related cases, protecting the | ||||||
4 | identity of witnesses, or fairness to the subject of the | ||||||
5 | investigation. The Executive Ethics Commission may redact | ||||||
6 | information in the summary report or response before making it | ||||||
7 | public or issue a digest of the summary report and response | ||||||
8 | without identifying information. In determining whether to | ||||||
9 | make a summary report and response public in its entirety, in a | ||||||
10 | redacted form, in a digest form, or not at all, the Executive | ||||||
11 | Ethics Commission shall consider information provided by the | ||||||
12 | appropriate Inspector General regarding the public interest in | ||||||
13 | disclosure of the summary report and response and the factors | ||||||
14 | which would outweigh the interest in public disclosure. | ||||||
15 | (c) Within Not less than 30 days after delivery of the | ||||||
16 | summary report of
an
investigation under subsection (a),
if the | ||||||
17 | Executive Inspector General or any member of the Commission | ||||||
18 | believes a complaint should be filed, he or she desires to file | ||||||
19 | a petition for leave to file
a
complaint, the Executive | ||||||
20 | Inspector General shall provide notice to notify the Commission | ||||||
21 | and the
Attorney General.
After receiving the summary report, | ||||||
22 | if the Commission believes a complaint should be filed, the | ||||||
23 | Commission shall provide notice to the Attorney General. If, | ||||||
24 | within 30 days after the delivery of such summary report, the | ||||||
25 | Commission believes that additional investigation or | ||||||
26 | enforcement is necessary, the Commission shall provide notice |
| |||||||
| |||||||
1 | to the Attorney General. If the Attorney General ultimately | ||||||
2 | determines
that reasonable cause exists to believe that a | ||||||
3 | violation has occurred, then either the Attorney General or the
| ||||||
4 | Executive Inspector
General, represented by the Attorney
| ||||||
5 | General, may file with the Executive Ethics Commission a | ||||||
6 | petition for
leave to file a complaint.
The petition shall set
| ||||||
7 | forth the alleged violation and the
grounds that exist to | ||||||
8 | support the complaint petition . The petition for leave to
file | ||||||
9 | a complaint must be filed with the Commission within 4 years 18 | ||||||
10 | months
after the most recent act of the
alleged violation or of | ||||||
11 | a series of alleged violations
except where there is reasonable | ||||||
12 | cause to believe
that fraudulent concealment has occurred. To | ||||||
13 | constitute fraudulent concealment
sufficient to toll this | ||||||
14 | limitations period, there must be an affirmative act or
| ||||||
15 | representation calculated to prevent discovery of the fact that | ||||||
16 | a violation has
occurred.
If a petition for leave to file a | ||||||
17 | complaint is not filed with the Commission
within 6 months | ||||||
18 | after notice by the Inspector General to the Commission and the
| ||||||
19 | Attorney General, then the Commission may set a meeting of the | ||||||
20 | Commission at
which the Attorney General shall appear and | ||||||
21 | provide a status
report to the Commission.
| ||||||
22 | (d) A copy of the complaint petition must be served on all | ||||||
23 | respondents named in the
complaint and on each respondent's | ||||||
24 | ultimate jurisdictional authority in
the same manner as process | ||||||
25 | is served under the Code of Civil
Procedure.
| ||||||
26 | (e) A respondent may file objections to the petition for |
| |||||||
| |||||||
1 | leave to
file a complaint within 30 days after notice of the | ||||||
2 | complaint petition has been
served on the respondent.
| ||||||
3 | (e-1) A reply in support of the complaint may be filed | ||||||
4 | within 14 days after notice of the respondent's objections has | ||||||
5 | been served on the petitioner. | ||||||
6 | (f) The Commission shall meet, either in person or by | ||||||
7 | telephone,
in a closed session to review the sufficiency of the | ||||||
8 | complaint.
If the Commission finds that complaint is | ||||||
9 | sufficient, the Commission shall
grant the petition for leave | ||||||
10 | to file the
complaint.
The Commission shall
issue notice to the | ||||||
11 | parties Executive Inspector General and all respondents of
the | ||||||
12 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
13 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
14 | Act, then the Commission shall notify
the parties and shall
| ||||||
15 | include a hearing date scheduled within 4 weeks after the date | ||||||
16 | of the notice,
unless all of the parties consent to a later | ||||||
17 | date.
If the complaint is deemed not to sufficiently allege a
| ||||||
18 | violation, then
the Commission shall send by certified mail, | ||||||
19 | return receipt requested,
a notice to the parties of the | ||||||
20 | decision to dismiss the complaint.
| ||||||
21 | (f-1) If the complaint is deemed to sufficiently allege a | ||||||
22 | violation of this Act, the respondent may file an answer to the | ||||||
23 | complaint within 30 days after receiving notice of the | ||||||
24 | Commission's ruling. | ||||||
25 | (f-2) Within 7 days after the date for filing respondent's | ||||||
26 | answer and if the Commission finds the complaint is sufficient, |
| |||||||
| |||||||
1 | the Commission shall notify the parties and shall set a hearing | ||||||
2 | to be held within 60 days after filing of the respondent's | ||||||
3 | answer, unless all of the parties consent to a later date. | ||||||
4 | (g) On the scheduled date
the Commission shall conduct a | ||||||
5 | closed meeting,
either in person or, if the parties consent, by | ||||||
6 | telephone, on the complaint and
allow all
parties the | ||||||
7 | opportunity to present testimony and evidence.
All such | ||||||
8 | proceedings shall be transcribed.
| ||||||
9 | (h) Within an appropriate time limit set by rules of the | ||||||
10 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
11 | the
complaint or shall (i) (ii) issue a recommendation of | ||||||
12 | discipline to the
respondent and the respondent's ultimate | ||||||
13 | jurisdictional authority ; (ii) issue injunctive relief as | ||||||
14 | described in Section 50-10; (iii) impose an administrative fine | ||||||
15 | as provided for in Section 50-5; or (iv) impose any combination | ||||||
16 | of (i) through (iii). or
impose an administrative fine upon the | ||||||
17 | respondent, or both.
| ||||||
18 | (i) The proceedings on any complaint filed with the | ||||||
19 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
20 | the Commission.
| ||||||
21 | (j) The Commission may designate hearing officers
to | ||||||
22 | conduct proceedings as determined by rule of the Commission.
| ||||||
23 | (k) In all proceedings before the Commission, the standard | ||||||
24 | of
proof is by a preponderance of the evidence.
| ||||||
25 | (l) When the Inspector General concludes that there is | ||||||
26 | insufficient
evidence that a violation has occurred, the |
| |||||||
| |||||||
1 | Inspector General shall close the
investigation. For any | ||||||
2 | investigation closed pursuant to this subsection, the | ||||||
3 | Executive Ethics Commission has the discretion to request that | ||||||
4 | the Inspector General deliver to the Commission a summary | ||||||
5 | report of the investigation. The Commission also has the | ||||||
6 | discretion to request that the Inspector General conduct | ||||||
7 | further investigation of any matter closed pursuant to this | ||||||
8 | subsection, or to refer the allegations to the Attorney General | ||||||
9 | for further review. At the request of the subject of the | ||||||
10 | investigation, the
Inspector
General shall provide a written | ||||||
11 | statement to the subject of the investigation
and to the | ||||||
12 | Commission of
the Inspector General's decision to close the | ||||||
13 | investigation. Closure by the
Inspector General does not bar | ||||||
14 | the Inspector General from resuming the
investigation , nor does | ||||||
15 | such closure bar the Attorney General from investigating or | ||||||
16 | filing a complaint, if circumstances warrant.
| ||||||
17 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
18 | (5 ILCS 430/20-60)
| ||||||
19 | Sec. 20-60. Appeals. A decision of the Executive
Ethics | ||||||
20 | Commission to impose a fine or injunctive relief is subject to | ||||||
21 | judicial review
under the Administrative Review Law. All other | ||||||
22 | decisions by the
Executive Ethics Commission are final and not | ||||||
23 | subject to
review either administratively or judicially.
| ||||||
24 | (Source: P.A. 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/20-65)
| ||||||
2 | Sec. 20-65. Reporting of investigations Investigations not | ||||||
3 | concluded within 6 months . | ||||||
4 | (a) Each Executive Inspector General shall file a monthly | ||||||
5 | activity report with the Executive Ethics Commission that | ||||||
6 | reflects activity during the previous month. The activity | ||||||
7 | report shall be filed by the fifteenth day of the following | ||||||
8 | month and shall disclose: | ||||||
9 | (1) The opening of any investigation during the | ||||||
10 | preceding month, including the date it was opened, the | ||||||
11 | affected office, agency or agencies, the investigation's | ||||||
12 | unique tracking number, and a statement of the general | ||||||
13 | nature of the allegation or allegations currently under | ||||||
14 | investigation. | ||||||
15 | (2) The closing of any investigation during the | ||||||
16 | preceding month, including the date it was closed, the | ||||||
17 | affected office, agency or agencies, the investigation's | ||||||
18 | unique tracking number, and a statement of the general | ||||||
19 | nature of the allegations or allegations that formed the | ||||||
20 | basis of the investigation. | ||||||
21 | (3) The status of any investigation that remained open | ||||||
22 | at the end of the month, including the date it was opened, | ||||||
23 | the affected office, agency or agencies, the | ||||||
24 | investigation's unique tracking number, and a statement of | ||||||
25 | the general nature of the investigation. | ||||||
26 | (b) If
any investigation is not concluded within 6 months |
| |||||||
| |||||||
1 | after its initiation,
the appropriate Executive Inspector | ||||||
2 | General shall file a 6-month report with notify the Executive
| ||||||
3 | Ethics Commission . The 6-month report shall disclose: and | ||||||
4 | appropriate ultimate jurisdictional authority
of the general | ||||||
5 | (1) The nature of the allegation or information giving | ||||||
6 | rise to the
investigation , the title or job duties of the | ||||||
7 | subjects of the investigation, and the investigation's | ||||||
8 | unique tracking number. | ||||||
9 | (2) The date of the last alleged violation of the Act | ||||||
10 | or other State law giving rise to the investigation. | ||||||
11 | (3) Whether the Executive Inspector General has found | ||||||
12 | credible the allegations of criminal conduct. | ||||||
13 | (4) Whether the allegation has been referred to an | ||||||
14 | appropriate law enforcement agency.
If an Executive | ||||||
15 | Inspector General has referred an allegation to a law | ||||||
16 | enforcement agency and continues to work on the matter, the | ||||||
17 | reporting requirement is suspended. | ||||||
18 | (5) If an allegation has not been referred to a law | ||||||
19 | enforcement agency, and the reasons for the failure to | ||||||
20 | complete the investigation
within 6 months , a summary of | ||||||
21 | the investigative steps taken, additional investigative | ||||||
22 | steps contemplated at the time of the report, and an | ||||||
23 | estimate of additional time necessary to complete the | ||||||
24 | investigation .
| ||||||
25 | (6) Any other information deemed necessary by the | ||||||
26 | Executive Ethics Commission in determining whether to |
| |||||||
| |||||||
1 | appoint a Special Inspector General. | ||||||
2 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
3 | (5 ILCS 430/20-70)
| ||||||
4 | Sec. 20-70. Cooperation in investigations. It is the duty | ||||||
5 | of
every officer and employee under the jurisdiction of an | ||||||
6 | Executive
Inspector General, including any inspector general | ||||||
7 | serving in any
State agency under the jurisdiction of that | ||||||
8 | Executive Inspector
General, to cooperate with the Executive | ||||||
9 | Inspector General and the Attorney General in any
investigation | ||||||
10 | undertaken pursuant to this Act. Failure to cooperate
with an | ||||||
11 | investigation of the Executive Inspector General or the | ||||||
12 | Attorney General is grounds
for disciplinary action, including | ||||||
13 | dismissal. Nothing in this Section limits or
alters a person's | ||||||
14 | existing rights or protections under State or federal law.
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
16 | (5 ILCS 430/20-80)
| ||||||
17 | Sec. 20-80. Referrals of investigations. If an Executive
| ||||||
18 | Inspector General determines that any alleged misconduct | ||||||
19 | involves
any person not subject to the jurisdiction of the | ||||||
20 | Executive
Ethics Commission, that Executive Inspector General | ||||||
21 | shall refer the
reported allegations to the appropriate | ||||||
22 | Inspector General, appropriate ethics
commission, or other
| ||||||
23 | appropriate body. If an Executive Inspector General determines | ||||||
24 | that
any alleged misconduct may give rise to criminal |
| |||||||
| |||||||
1 | penalties, the
Executive Inspector General may refer the | ||||||
2 | allegations regarding that
misconduct to the appropriate law | ||||||
3 | enforcement authority. If an Executive Inspector General | ||||||
4 | determines that any alleged misconduct resulted in the loss of | ||||||
5 | public funds in an amount of $5,000 or greater, the Executive | ||||||
6 | Inspector General shall refer the allegations regarding that | ||||||
7 | misconduct to the Attorney General.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
9 | (5 ILCS 430/20-85)
| ||||||
10 | Sec. 20-85. Quarterly reports by Executive Inspector | ||||||
11 | General.
Each Executive Inspector General shall submit | ||||||
12 | quarterly
reports to the appropriate executive branch | ||||||
13 | constitutional officer and the
Executive Ethics Commission, on | ||||||
14 | dates determined by the
Executive Ethics Commission, | ||||||
15 | indicating:
| ||||||
16 | (1) the number of allegations received since the date | ||||||
17 | of the last report;
| ||||||
18 | (2) the number of investigations initiated since the | ||||||
19 | date of
the last report;
| ||||||
20 | (3) the number of investigations concluded since the | ||||||
21 | date of
the last report;
| ||||||
22 | (4) the number of investigations pending as of the | ||||||
23 | reporting
date;
| ||||||
24 | (5) the number of complaints forwarded to the Attorney | ||||||
25 | General since the
date of the last report; and
|
| |||||||
| |||||||
1 | (6) the number of actions filed with the Executive | ||||||
2 | Ethics Commission since
the date of the last report and the | ||||||
3 | number of
actions pending before the Executive Ethics | ||||||
4 | Commission as of the reporting
date ; and | ||||||
5 | (7) the number of allegations referred to any law | ||||||
6 | enforcement agency, and the identity of the law enforcement | ||||||
7 | agency to which those allegations were referred .
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
9 | (5 ILCS 430/20-90)
| ||||||
10 | Sec. 20-90. Confidentiality.
| ||||||
11 | (a) The identity of any individual providing information or | ||||||
12 | reporting any
possible or alleged
misconduct to an Executive | ||||||
13 | Inspector General or the Executive Ethics
Commission
shall be | ||||||
14 | kept confidential and may not be disclosed
without the consent | ||||||
15 | of that individual, unless the individual consents to
| ||||||
16 | disclosure of his or her name or disclosure of the individual's | ||||||
17 | identity is
otherwise required by law. The confidentiality | ||||||
18 | granted by this subsection does
not preclude the disclosure of | ||||||
19 | the identity of a person in any capacity other
than as the | ||||||
20 | source of an allegation.
| ||||||
21 | (b) Subject to the provisions of Section 20-50(c), | ||||||
22 | commissioners, employees,
and agents of the Executive Ethics | ||||||
23 | Commission,
the Executive Inspectors General, and employees | ||||||
24 | and agents of each Office of
an
Executive Inspector General , | ||||||
25 | the Attorney General, and the employees and agents of the |
| |||||||
| |||||||
1 | office of the Attorney General shall keep confidential and | ||||||
2 | shall not disclose
information exempted from disclosure under | ||||||
3 | the Freedom of
Information Act or by this Act.
| ||||||
4 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
5 | (5 ILCS 430/20-95)
| ||||||
6 | Sec. 20-95. Exemptions.
| ||||||
7 | (a) Documents generated by an ethics
officer under this | ||||||
8 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
9 | Freedom
of Information Act.
| ||||||
10 | (b) Any allegations
and related documents
submitted to an | ||||||
11 | Executive Inspector General and any pleadings and
related | ||||||
12 | documents brought before the Executive Ethics
Commission are | ||||||
13 | exempt from the provisions of the Freedom of
Information Act so | ||||||
14 | long as the Executive Ethics Commission
does not make a finding | ||||||
15 | of a violation of this Act.
If the Executive
Ethics Commission | ||||||
16 | finds that a violation has occurred, the
entire record of | ||||||
17 | proceedings before the Commission, the decision and
| ||||||
18 | recommendation, and the mandatory report from the agency head | ||||||
19 | or
ultimate jurisdictional authority to the Executive Ethics
| ||||||
20 | Commission are not exempt from the provisions of the Freedom of
| ||||||
21 | Information Act but information contained therein that is | ||||||
22 | otherwise exempt from
the
Freedom of Information Act must be | ||||||
23 | redacted before disclosure as provided in
Section 8 of the | ||||||
24 | Freedom of Information Act.
| ||||||
25 | (c) Meetings of the Commission under
Sections 20-5
and |
| |||||||
| |||||||
1 | 20-15 of this Act are exempt from the provisions of the Open
| ||||||
2 | Meetings Act.
| ||||||
3 | (d) Unless otherwise provided in this Act, all | ||||||
4 | investigatory files and
reports of the Office of an Executive | ||||||
5 | Inspector General, other than quarterly
reports, are | ||||||
6 | confidential, are exempt from disclosure
under the Freedom of | ||||||
7 | Information Act, and shall not be divulged to
any person or | ||||||
8 | agency, except as necessary (i) to the appropriate law
| ||||||
9 | enforcement
authority if the matter is referred pursuant to | ||||||
10 | this Act , (ii) to the ultimate
jurisdictional authority, (iii) | ||||||
11 | to the
Executive Ethics Commission; or (iv) to another | ||||||
12 | Inspector General appointed
pursuant to this Act , or (v) to | ||||||
13 | another appropriate entity that has authority to investigate | ||||||
14 | the conduct alleged in the complaint .
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
16 | (5 ILCS 430/50-5)
| ||||||
17 | Sec. 50-5. Penalties.
| ||||||
18 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
19 | person intentionally
violates any provision of Section 5-15, | ||||||
20 | 5-30, 5-40, or 5-45 or Article 15.
| ||||||
21 | (a-1) For a violation of any Section of this Act, an ethics | ||||||
22 | commission may levy an administrative fine up to $20,000 or the | ||||||
23 | estimated dollar value of the benefit obtained as a direct and | ||||||
24 | indirect result of a violation of this Act, whichever is | ||||||
25 | greater. |
| |||||||
| |||||||
1 | (a-2) Notwithstanding subsection (a-1), an ethics | ||||||
2 | commission may levy an administrative fine for a violation of | ||||||
3 | Section 5-45 of up to 3 times the total annual compensation | ||||||
4 | that would have been obtained in violation of Section 5-45. | ||||||
5 | (b) A person who intentionally violates any provision
of | ||||||
6 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
7 | offense
subject to a fine of at least $1,001 and up to $20,000 | ||||||
8 | $5,000 .
| ||||||
9 | (c) A person is guilty of a Class 4 felony if that person | ||||||
10 | intentionally violates any provision of Section 5-30. A person | ||||||
11 | convicted of violating Section 5-30 forfeits his or her office | ||||||
12 | or employment. | ||||||
13 | (c-1) Notwithstanding subsection (a-1), an ethics | ||||||
14 | commission may levy an administrative fine of up to 3 times the | ||||||
15 | value of the cash or in-kind contribution to the political | ||||||
16 | committee, political party, or other person or entity for a | ||||||
17 | violation of Section 5-30. | ||||||
18 | (d) (c) A person who intentionally violates any provision | ||||||
19 | of Article 10 is
guilty of a business
offense and subject to a | ||||||
20 | fine of at least $1,001 and up to $20,000 $5,000 .
| ||||||
21 | (e) (d) Any person who intentionally makes a
false report | ||||||
22 | alleging a violation of any provision of this Act to an ethics
| ||||||
23 | commission,
an inspector general,
the State Police, a State's | ||||||
24 | Attorney, the Attorney General, or any other law
enforcement | ||||||
25 | official is guilty of a Class A misdemeanor.
| ||||||
26 | (f) (e) An ethics commission may levy an administrative |
| |||||||
| |||||||
1 | fine of up to $20,000 $5,000
against any person
who violates | ||||||
2 | this Act, who intentionally obstructs or interferes with an
| ||||||
3 | investigation
conducted under this Act by an inspector general, | ||||||
4 | or who
intentionally makes a false, frivolous, or bad faith | ||||||
5 | allegation.
| ||||||
6 | (g) (f) In addition to any other penalty that may apply, | ||||||
7 | whether criminal or
civil, a State employee who intentionally | ||||||
8 | violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | ||||||
9 | or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | ||||||
10 | subject to discipline or discharge by
the
appropriate ultimate
| ||||||
11 | jurisdictional authority.
| ||||||
12 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | ||||||
13 | (5 ILCS 430/50-10 new)
| ||||||
14 | Sec. 50-10. Injunctive relief. | ||||||
15 | (a) For a violation of any Section of this Act, an ethics | ||||||
16 | commission may issue appropriate injunctive relief up to and | ||||||
17 | including discipline or discharge of a State employee. | ||||||
18 | (b) Any injunctive relief issued pursuant to this Section | ||||||
19 | must comport with the requirements of Section 20-40.
| ||||||
20 | Section 15. The Governor's Office of Management and Budget | ||||||
21 | Act is amended by changing Section 1 as follows:
| ||||||
22 | (20 ILCS 3005/1) (from Ch. 127, par. 411)
| ||||||
23 | Sec. 1. Definitions.
|
| |||||||
| |||||||
1 | "Capital expenditure" means money spent for replacing, | ||||||
2 | remodeling, expanding,
or acquiring facilities, buildings or | ||||||
3 | land owned directly by the State through
any State department, | ||||||
4 | authority, public corporation of the State, State
college or | ||||||
5 | university, or any other public agency created by the State,
| ||||||
6 | but not units of local government or school districts.
| ||||||
7 | "Director" means the Director of the Governor's Office of | ||||||
8 | Management and
Budget.
| ||||||
9 | "Office" means the Governor's Office of Management and | ||||||
10 | Budget.
| ||||||
11 | "State Agency," whether used in the singular or plural, | ||||||
12 | means all
Departments, Officers, Commissions, Boards, | ||||||
13 | Institutions and bodies,
politic and corporate of the State, | ||||||
14 | including the Offices of Clerk of
the Supreme Court and Clerks | ||||||
15 | of the Appellate Courts; except it shall
not mean the several | ||||||
16 | Courts of the State, nor the Legislature, its
Committees or | ||||||
17 | Commissions, nor the Constitutionally elected State
Officers , | ||||||
18 | nor the Executive Ethics Commission, nor the Offices of | ||||||
19 | Executive Inspectors General .
| ||||||
20 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
21 | Section 20. The Illinois Procurement Code is amended by | ||||||
22 | changing Sections 1-15.30, 50-5, 50-10, 50-10.5, 50-11, 50-12, | ||||||
23 | 50-13, 50-14, 50-14.5, 50-35, 50-60, 50-65, 50-70, and 53-10 | ||||||
24 | and by adding Sections 1-15.107, 20-120, and 50-2 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 500/1-15.30)
| ||||||
2 | Sec. 1-15.30. Contract. "Contract" means all types of
State | ||||||
3 | agreements, regardless
of what they may be called, for the | ||||||
4 | procurement, use, or disposal
of supplies, services,
| ||||||
5 | professional or artistic services, or construction or for | ||||||
6 | leases of real
property , whether the State is lessor or lessee, | ||||||
7 | or
capital improvements,
and including master contracts, | ||||||
8 | contracts for financing through
use of installment or
| ||||||
9 | lease-purchase arrangements, renegotiated contracts, and | ||||||
10 | change orders.
| ||||||
11 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
12 | (30 ILCS 500/1-15.107 new) | ||||||
13 | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | ||||||
14 | between a person and a person who has or is seeking a contract | ||||||
15 | subject to this Code, pursuant to which the subcontractor | ||||||
16 | provides to the contractor or another subcontractor some or all | ||||||
17 | of the goods, services, property, remuneration, or other forms | ||||||
18 | of consideration that are the subject of the primary contract | ||||||
19 | and includes, among other things, subleases from a lessee of a | ||||||
20 | State agency. | ||||||
21 | (30 ILCS 500/20-120 new) | ||||||
22 | Sec. 20-120. Subcontractors. | ||||||
23 | (a) Any contract granted under this Code that is of | ||||||
24 | sufficient size that a written contract is required to be filed |
| |||||||
| |||||||
1 | under Section 20-80 of this Article shall state whether the | ||||||
2 | services of a subcontractor will be used. The contract shall | ||||||
3 | include the names and addresses of all subcontractors and the | ||||||
4 | expected amount of money each will receive under the contract, | ||||||
5 | and the contractor shall provide to the responsible chief | ||||||
6 | procurement officer a copy of all subcontracts at or before the | ||||||
7 | time of the execution of the contract. | ||||||
8 | (b) If at any time during the term of a contract, a | ||||||
9 | contractor adds or changes any subcontractors, he or she shall | ||||||
10 | promptly notify, in writing, the Department of Central | ||||||
11 | Management Services, the Illinois Power Agency, or the higher | ||||||
12 | education chief procurement officer, whichever is appropriate, | ||||||
13 | and the responsible chief procurement officer, State | ||||||
14 | purchasing officer, or their designee of the names and | ||||||
15 | addresses and the expected amount of money each new or replaced | ||||||
16 | subcontractor will receive. At the same time, the contractor | ||||||
17 | shall provide to the responsible chief procurement officer a | ||||||
18 | copy of the subcontract. | ||||||
19 | (c) In addition to any other requirements of this Code, a | ||||||
20 | subcontract subject to this Section must include all of the | ||||||
21 | subcontractor's certifications required by Article 50 of the | ||||||
22 | Code. | ||||||
23 | (30 ILCS 500/50-2 new) | ||||||
24 | Sec. 50-2. Continuing disclosure; false certification. | ||||||
25 | Every person that has entered into a multi-year contract and |
| |||||||
| |||||||
1 | every subcontractor with a multi-year subcontract shall | ||||||
2 | certify, by July 1 of each fiscal year covered by the contract | ||||||
3 | after the initial fiscal year, to the responsible chief | ||||||
4 | procurement officer whether it continues to satisfy the | ||||||
5 | requirements of this Article pertaining to eligibility for a | ||||||
6 | contract award. If a contractor or subcontractor is not able to | ||||||
7 | truthfully certify that it continues to meet all requirements, | ||||||
8 | it shall provide with its certification a detailed explanation | ||||||
9 | of the circumstances leading to the change in certification | ||||||
10 | status. A contractor or subcontractor that makes a false | ||||||
11 | statement material to any given certification required under | ||||||
12 | this Article is, in addition to any other penalties or | ||||||
13 | consequences prescribed by law, subject to liability under the | ||||||
14 | Whistleblower Reward and Protection Act for submission of a | ||||||
15 | false claim.
| ||||||
16 | (30 ILCS 500/50-5)
| ||||||
17 | Sec. 50-5. Bribery.
| ||||||
18 | (a) Prohibition. No person or business shall be awarded a
| ||||||
19 | contract or subcontract under
this Code who:
| ||||||
20 | (1) has been convicted under the laws of Illinois or
| ||||||
21 | any other state of bribery
or attempting to bribe an | ||||||
22 | officer or employee of the State of
Illinois or any other | ||||||
23 | state in that
officer's or employee's official capacity; or
| ||||||
24 | (2) has made an admission of guilt of that conduct that
| ||||||
25 | is a matter of record but
has not been prosecuted for that |
| |||||||
| |||||||
1 | conduct.
| ||||||
2 | (b) Businesses. No business shall be barred from
| ||||||
3 | contracting with any unit of State or
local government , or | ||||||
4 | subcontracting under such a contract, as a result of a | ||||||
5 | conviction under this Section of
any employee or agent of the
| ||||||
6 | business if the employee or agent is no longer employed by the
| ||||||
7 | business and:
| ||||||
8 | (1) the business has been finally adjudicated not
| ||||||
9 | guilty; or
| ||||||
10 | (2) the business demonstrates to the governmental
| ||||||
11 | entity with which it seeks to
contract or which is a | ||||||
12 | signatory to the contract to which the subcontract relates , | ||||||
13 | and that entity finds that the commission of the offense
| ||||||
14 | was not authorized, requested,
commanded, or performed by a | ||||||
15 | director, officer, or high managerial
agent on behalf of | ||||||
16 | the
business as provided in paragraph (2) of subsection (a) | ||||||
17 | of Section
5-4 of the Criminal Code of
1961.
| ||||||
18 | (c) Conduct on behalf of business. For purposes of this
| ||||||
19 | Section, when an official, agent,
or employee of a business | ||||||
20 | committed the bribery or attempted
bribery on behalf of the | ||||||
21 | business
and in accordance with the direction or authorization | ||||||
22 | of a responsible
official of the business, the
business shall | ||||||
23 | be chargeable with the conduct.
| ||||||
24 | (d) Certification. Every bid submitted to and contract
| ||||||
25 | executed by the State and every subcontract subject to Section | ||||||
26 | 20-120 of this Code shall
contain a certification by the |
| |||||||
| |||||||
1 | contractor or the subcontractor, respectively, that the | ||||||
2 | contractor or subcontractor is
not barred from being awarded a
| ||||||
3 | contract or subcontract under this Section and acknowledges | ||||||
4 | that the contracting State agency may declare the related | ||||||
5 | contract void if any certifications required by this Section | ||||||
6 | are false . A contractor who
makes a false statement, material
| ||||||
7 | to the certification, commits a Class 3 felony.
| ||||||
8 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
9 | (30 ILCS 500/50-10)
| ||||||
10 | Sec. 50-10. Felons. | ||||||
11 | (a) Unless otherwise provided, no person
or business | ||||||
12 | convicted of
a felony shall do business with the State of | ||||||
13 | Illinois or any State
agency , or enter into a subcontract, from | ||||||
14 | the date of
conviction until 5 years after the date of | ||||||
15 | completion of the
sentence for that felony, unless no
person | ||||||
16 | held responsible by a prosecutorial office for the facts
upon | ||||||
17 | which the conviction was
based continues to have any | ||||||
18 | involvement with the business.
| ||||||
19 | (b) Every bid submitted to and contract executed by the | ||||||
20 | State and every subcontract subject to Section 20-120 of this | ||||||
21 | Code shall contain a certification by the bidder or contractor | ||||||
22 | or subcontractor, respectively, that the bidder, contractor, | ||||||
23 | or subcontractor is not barred from being awarded a contract or | ||||||
24 | subcontract under this Section and acknowledges that the | ||||||
25 | contracting State agency may declare the related contract void |
| |||||||
| |||||||
1 | if any of the certifications required by this Section are | ||||||
2 | false. | ||||||
3 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
4 | (30 ILCS 500/50-10.5)
| ||||||
5 | Sec. 50-10.5. Prohibited bidders and contractors.
| ||||||
6 | (a) Unless otherwise provided, no business shall bid or | ||||||
7 | enter into a
contract or subcontract under this Code with the | ||||||
8 | State of Illinois or any State agency if the business or any
| ||||||
9 | officer, director, partner, or other managerial agent of the | ||||||
10 | business has been
convicted of a felony under the | ||||||
11 | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||||||
12 | the Illinois Securities Law of 1953 for a
period of 5 years | ||||||
13 | from
the date of conviction.
| ||||||
14 | (b) Every bid submitted to and contract executed by the | ||||||
15 | State and every subcontract subject to Section 20-120 of this | ||||||
16 | Code shall contain
a certification by the bidder , or | ||||||
17 | contractor , or subcontractor, respectively, that the bidder, | ||||||
18 | contractor , or subcontractor is not barred
from being awarded a | ||||||
19 | contract or subcontract under this Section and that the | ||||||
20 | contractor
acknowledges that the contracting State agency | ||||||
21 | shall declare the related contract void
if any of
the | ||||||
22 | certifications certification completed pursuant to this | ||||||
23 | subsection (b) are is false.
| ||||||
24 | (c) If a business is not a natural person, the prohibition | ||||||
25 | in subsection (a)
applies only if:
|
| |||||||
| |||||||
1 | (1) the business itself is convicted of a felony | ||||||
2 | referenced in subsection
(a); or
| ||||||
3 | (2) the business is ordered to pay punitive damages | ||||||
4 | based on the
conduct
of any officer, director, partner, or | ||||||
5 | other managerial agent who has been
convicted of a felony | ||||||
6 | referenced in subsection (a).
| ||||||
7 | (d) A natural person who is convicted of a felony | ||||||
8 | referenced in subsection
(a) remains subject to Section 50-10.
| ||||||
9 | (Source: P.A. 93-600, eff. 1-1-04.)
| ||||||
10 | (30 ILCS 500/50-11)
| ||||||
11 | Sec. 50-11. Debt delinquency.
| ||||||
12 | (a) No person shall submit a bid for or enter into a | ||||||
13 | contract or subcontract with a State
agency under this Code if | ||||||
14 | that person knows or should know that he or she or
any | ||||||
15 | affiliate is
delinquent in the payment of any debt to the | ||||||
16 | State, unless the person or
affiliate has
entered into a | ||||||
17 | deferred payment plan to pay off the debt. For purposes of this
| ||||||
18 | Section, the phrase "delinquent in the payment of any debt" | ||||||
19 | shall be determined
by the Debt Collection Board.
For purposes | ||||||
20 | of this Section, the term "affiliate" means any entity that (1)
| ||||||
21 | directly,
indirectly, or constructively controls another | ||||||
22 | entity, (2) is directly,
indirectly, or
constructively | ||||||
23 | controlled by another entity, or (3) is subject to the control
| ||||||
24 | of
a common
entity. For purposes of this subsection (a), a | ||||||
25 | person controls an entity if the
person owns,
directly or |
| |||||||
| |||||||
1 | individually, more than 10% of the voting securities of that
| ||||||
2 | entity.
As used in
this subsection (a), the term "voting | ||||||
3 | security" means a security that (1)
confers upon the
holder the | ||||||
4 | right to vote for the election of members of the board of | ||||||
5 | directors
or similar
governing body of the business or (2) is | ||||||
6 | convertible into, or entitles the
holder to receive
upon its | ||||||
7 | exercise, a security that confers such a right to vote. A | ||||||
8 | general
partnership
interest is a voting security.
| ||||||
9 | (b) Every bid submitted to and contract executed by the | ||||||
10 | State and every subcontract subject to Section 20-120 of this | ||||||
11 | Code shall contain
a certification by the bidder , or | ||||||
12 | contractor , or subcontractor, respectively, that the | ||||||
13 | contractor or the subcontractor and its
affiliate is not barred
| ||||||
14 | from being awarded a contract or subcontract under this Section | ||||||
15 | and that the contractor
acknowledges that the contracting State | ||||||
16 | agency may declare the related contract void if
any of the | ||||||
17 | certifications certification completed pursuant to this | ||||||
18 | subsection (b) are is false.
| ||||||
19 | (Source: P.A. 92-404, eff. 7-1-02; 93-25, eff. 6-20-03.)
| ||||||
20 | (30 ILCS 500/50-12)
| ||||||
21 | Sec. 50-12. Collection and remittance of Illinois Use Tax.
| ||||||
22 | (a) No person shall enter into a contract with a State | ||||||
23 | agency or enter into a subcontract under this
Code
unless the | ||||||
24 | person and all affiliates of the person collect and remit | ||||||
25 | Illinois
Use Tax on all
sales of tangible personal property |
| |||||||
| |||||||
1 | into the State of Illinois in accordance
with the
provisions of | ||||||
2 | the Illinois Use Tax Act regardless of whether the person or
| ||||||
3 | affiliate is a
"retailer maintaining a place of business within | ||||||
4 | this State" as defined in
Section 2 of the
Use Tax Act. For | ||||||
5 | purposes of this Section, the term "affiliate" means any
entity | ||||||
6 | that (1)
directly, indirectly, or constructively controls | ||||||
7 | another entity, (2) is
directly, indirectly, or
constructively | ||||||
8 | controlled by another entity, or (3) is subject to the control | ||||||
9 | of
a common
entity. For purposes of this subsection (a), an | ||||||
10 | entity controls another entity
if it owns,
directly or | ||||||
11 | individually, more than 10% of the voting securities of that | ||||||
12 | entity.
As used in
this subsection (a), the term "voting | ||||||
13 | security" means a security that (1)
confers upon the
holder the | ||||||
14 | right to vote for the election of members of the board of | ||||||
15 | directors
or similar
governing body of the business or (2) is | ||||||
16 | convertible into, or entitles the
holder to receive
upon its | ||||||
17 | exercise, a security that confers such a right to vote. A | ||||||
18 | general
partnership
interest is a voting security.
| ||||||
19 | (b) Every bid submitted and contract executed by the State | ||||||
20 | and every subcontract subject to Section 20-120 of this Code | ||||||
21 | shall contain
a
certification by the bidder , or contractor , or | ||||||
22 | subcontractor, respectively, that the bidder , or contractor , | ||||||
23 | or subcontractor is not
barred from
bidding for or entering | ||||||
24 | into a contract under subsection (a) of this Section
and
that | ||||||
25 | the
bidder or contractor acknowledges that the contracting | ||||||
26 | State agency may declare
the
related contract void if any of |
| |||||||
| |||||||
1 | the certifications certification completed pursuant to this | ||||||
2 | subsection (b) are is
false.
| ||||||
3 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
4 | (30 ILCS 500/50-13)
| ||||||
5 | Sec. 50-13. Conflicts of interest.
| ||||||
6 | (a) Prohibition. It is unlawful for any person holding an
| ||||||
7 | elective office in this State,
holding a seat in the General | ||||||
8 | Assembly, or appointed to or
employed in any of the offices or
| ||||||
9 | agencies of State government and who receives compensation for | ||||||
10 | such employment
in excess of 60% of the salary of the Governor | ||||||
11 | of the State of Illinois, or who
is an officer or employee of
| ||||||
12 | the Capital Development
Board or the Illinois Toll Highway | ||||||
13 | Authority, or who is the spouse
or minor child of any such
| ||||||
14 | person to have or acquire any contract or subcontract , or any | ||||||
15 | direct pecuniary
interest in any contract or subcontract, | ||||||
16 | therein,
whether for stationery, printing, paper, or any | ||||||
17 | services,
materials, or supplies, that will be
wholly or | ||||||
18 | partially satisfied by the payment of funds appropriated
by the | ||||||
19 | General Assembly of
the State of Illinois or in any contract or | ||||||
20 | subcontract of the Capital
Development Board or the Illinois | ||||||
21 | Toll
Highway Authority.
| ||||||
22 | (b) Interests. It is unlawful for any firm, partnership,
| ||||||
23 | association, or corporation, in
which any person listed in | ||||||
24 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
25 | the total
distributable income or (ii) an amount in excess of |
| |||||||
| |||||||
1 | the salary of the Governor,
to have or acquire any
such | ||||||
2 | contract , subcontract, or direct pecuniary interest therein.
| ||||||
3 | (c) Combined interests. It is unlawful for any firm, | ||||||
4 | partnership,
association, or corporation, in which any person | ||||||
5 | listed in subsection (a)
together with his or her spouse or | ||||||
6 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
7 | aggregate, of the total distributable income or (ii) an
amount | ||||||
8 | in excess of 2 times the salary of the Governor, to have or | ||||||
9 | acquire any
such contract , subcontract, or direct pecuniary | ||||||
10 | interest therein.
| ||||||
11 | (c-5) Appointees and firms. In addition to any provisions | ||||||
12 | of this Code,
the interests of certain
appointees and their | ||||||
13 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
14 | Ethics Act.
| ||||||
15 | (d) Securities. Nothing in this Section invalidates the
| ||||||
16 | provisions of any bond or other
security previously offered or | ||||||
17 | to be offered for sale or sold by
or for the State of Illinois.
| ||||||
18 | (e) Prior interests. This Section does not affect the
| ||||||
19 | validity of any contract made
between the State and an officer | ||||||
20 | or employee of the State or
member of the General Assembly,
his | ||||||
21 | or her spouse, minor child, or other immediate family member | ||||||
22 | living in
his or her residence or any
combination of those | ||||||
23 | persons , or any subcontract under such a contract,
if that | ||||||
24 | contract or subcontract was in
existence before his or her | ||||||
25 | election or employment as an officer,
member, or employee. The
| ||||||
26 | contract or subcontract is voidable, however, if it cannot be |
| |||||||
| |||||||
1 | completed within 365
days after the officer, member,
or | ||||||
2 | employee takes office or is employed.
| ||||||
3 | (f) Exceptions.
| ||||||
4 | (1) Public aid payments. This Section does not apply
to | ||||||
5 | payments made for a
public aid recipient.
| ||||||
6 | (2) Teaching. This Section does not apply to a
contract | ||||||
7 | for personal services as
a teacher or school administrator | ||||||
8 | between a member of the General
Assembly or his or her
| ||||||
9 | spouse, or a State officer or employee or his or her | ||||||
10 | spouse, and
any school district, public community college | ||||||
11 | district, the University of
Illinois, Southern Illinois | ||||||
12 | University, Illinois State University, Eastern
Illinois | ||||||
13 | University, Northern Illinois University, Western Illinois | ||||||
14 | University,
Chicago State University, Governor State | ||||||
15 | University, or Northeastern Illinois
University.
| ||||||
16 | (3) Ministerial duties. This Section does not apply to
| ||||||
17 | a contract for personal
services of a wholly ministerial | ||||||
18 | character, including but not
limited to services as a | ||||||
19 | laborer, clerk,
typist, stenographer, page, bookkeeper, | ||||||
20 | receptionist, or telephone
switchboard operator, made
by a | ||||||
21 | spouse or minor child of an elective or appointive State
| ||||||
22 | officer or employee or of a member
of the General Assembly.
| ||||||
23 | (4) Child and family services. This Section does not
| ||||||
24 | apply to payments made
to a member of the General Assembly, | ||||||
25 | a State officer or employee,
his or her spouse or minor
| ||||||
26 | child acting as a foster parent, homemaker, advocate, or |
| |||||||
| |||||||
1 | volunteer
for or in behalf of a child or
family served by | ||||||
2 | the Department of Children and Family Services.
| ||||||
3 | (5) Licensed professionals. Contracts with licensed | ||||||
4 | professionals,
provided they are competitively bid or part | ||||||
5 | of a reimbursement program for
specific, customary goods | ||||||
6 | and services through the Department of Children and
Family | ||||||
7 | Services, the Department of Human Services,
the Department | ||||||
8 | of Healthcare and Family Services, the Department of Public | ||||||
9 | Health, or
the Department on Aging.
| ||||||
10 | (g) Penalty. A person convicted of a violation of this | ||||||
11 | Section is guilty of
a business offense and shall be fined not | ||||||
12 | less than $1,000 nor more than
$5,000.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | (30 ILCS 500/50-14)
| ||||||
15 | Sec. 50-14. Environmental Protection Act violations.
| ||||||
16 | (a) Unless otherwise provided, no person or business found | ||||||
17 | by a court or
the Pollution Control Board to have committed a | ||||||
18 | willful or knowing violation of
the Environmental Protection | ||||||
19 | Act shall do business with the State
of Illinois or any State | ||||||
20 | agency or enter into a subcontract that is subject to this Code | ||||||
21 | from the date of the order containing the
finding of violation | ||||||
22 | until 5 years after that date, unless the person or
business | ||||||
23 | can show that no person involved in the violation continues to | ||||||
24 | have
any involvement with the business.
| ||||||
25 | (b) A person or business otherwise barred from doing |
| |||||||
| |||||||
1 | business with the
State of Illinois or any State agency or | ||||||
2 | subcontracting under this Code by subsection (a) may be allowed | ||||||
3 | to do
business with the State of Illinois or any State agency | ||||||
4 | if it is shown that
there is no practicable alternative to the | ||||||
5 | State to contracting with that
person or business.
| ||||||
6 | (c) Every bid submitted to and contract executed by the | ||||||
7 | State and every subcontract subject to Section 20-120 of this | ||||||
8 | Code shall contain
a certification by the bidder , or | ||||||
9 | contractor , or subcontractor, respectively, that the bidder , | ||||||
10 | or contractor , or subcontractor is
not barred from being | ||||||
11 | awarded a contract or subcontract under this Section and that | ||||||
12 | the
contractor acknowledges that the contracting State agency | ||||||
13 | may declare the related
contract void if any of the | ||||||
14 | certifications certification completed pursuant to this | ||||||
15 | subsection (c) are is
false.
| ||||||
16 | (Source: P.A. 93-575, eff. 1-1-04; 93-826, eff. 7-28-04.)
| ||||||
17 | (30 ILCS 500/50-14.5)
| ||||||
18 | Sec. 50-14.5. Lead Poisoning Prevention Act violations. | ||||||
19 | Owners of residential buildings who have committed a willful or | ||||||
20 | knowing violation of the Lead Poisoning Prevention Act are | ||||||
21 | prohibited from doing business with the State of Illinois or | ||||||
22 | any State agency , or subcontracting under this Code, until the | ||||||
23 | violation is mitigated.
| ||||||
24 | (Source: P.A. 94-879, eff. 6-20-06.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-35)
| ||||||
2 | Sec. 50-35. Disclosure and potential conflicts of | ||||||
3 | interest.
| ||||||
4 | (a) All offers from responsive bidders or offerors with an | ||||||
5 | annual value of
more than $10,000 , and all subcontracts, copies | ||||||
6 | of which must be provided by Section 20-120 of this Code, shall | ||||||
7 | be accompanied by disclosure of the financial
interests of the | ||||||
8 | contractor, bidder, or proposer , or subcontractor . The | ||||||
9 | financial disclosure of
each successful bidder or offeror and | ||||||
10 | each subcontractor shall become
part of the publicly available | ||||||
11 | contract or procurement file
maintained by the appropriate | ||||||
12 | chief procurement officer.
| ||||||
13 | (b) Disclosure by the responsive bidders or offerors or by | ||||||
14 | subcontractors shall include any
ownership or distributive | ||||||
15 | income share that is in excess of 5%, or an amount
greater than | ||||||
16 | 60% of the annual salary of the Governor, of the bidding entity
| ||||||
17 | or its parent entity, whichever is less, unless the contractor | ||||||
18 | or bidder , or subcontractor
(i) is a
publicly traded entity | ||||||
19 | subject to Federal 10K reporting, in which case it may
submit | ||||||
20 | its 10K
disclosure in place of the prescribed disclosure, or | ||||||
21 | (ii) is a privately held
entity that is exempt from Federal 10k | ||||||
22 | reporting but has more than 400
shareholders, in which case it | ||||||
23 | may submit the information that Federal 10k
reporting companies | ||||||
24 | are required to report under 17 CFR 229.401 and list the
names | ||||||
25 | of any person or entity holding any ownership share that is in | ||||||
26 | excess of
5% in place of the prescribed disclosure. The form of |
| |||||||
| |||||||
1 | disclosure shall
be prescribed by the applicable chief | ||||||
2 | procurement officer and must include at
least the names,
| ||||||
3 | addresses, and dollar or proportionate share of ownership of | ||||||
4 | each person
identified in this Section, their instrument of | ||||||
5 | ownership or beneficial
relationship, and notice of any | ||||||
6 | potential conflict of interest resulting from
the current | ||||||
7 | ownership or beneficial relationship of each person identified | ||||||
8 | in
this Section having in addition any of the following | ||||||
9 | relationships:
| ||||||
10 | (1) State employment, currently or in the previous 3 | ||||||
11 | years, including
contractual employment of services.
| ||||||
12 | (2) State employment of spouse, father, mother, son, or | ||||||
13 | daughter,
including
contractual employment for services in | ||||||
14 | the previous 2 years.
| ||||||
15 | (3) Elective status; the holding of elective office of | ||||||
16 | the State of
Illinois, the government of the United States, | ||||||
17 | any unit of local government
authorized by the Constitution | ||||||
18 | of the State of Illinois or the statutes of the
State of | ||||||
19 | Illinois currently or in the previous 3 years.
| ||||||
20 | (4) Relationship to anyone holding elective office | ||||||
21 | currently or in the
previous 2 years; spouse, father, | ||||||
22 | mother, son, or daughter.
| ||||||
23 | (5) Appointive office; the holding of any appointive | ||||||
24 | government office of
the State of Illinois, the United | ||||||
25 | States of America, or any unit of local
government | ||||||
26 | authorized by the Constitution of the State of Illinois or |
| |||||||
| |||||||
1 | the
statutes of the State of Illinois, which office | ||||||
2 | entitles the holder to
compensation in excess of expenses | ||||||
3 | incurred in the discharge of that office
currently or in | ||||||
4 | the previous 3 years.
| ||||||
5 | (6) Relationship to anyone holding appointive office | ||||||
6 | currently or in the
previous 2 years; spouse, father, | ||||||
7 | mother, son, or daughter.
| ||||||
8 | (7) Employment, currently or in the previous 3 years, | ||||||
9 | as or by any
registered lobbyist of the State government.
| ||||||
10 | (8) Relationship to anyone who is or was a registered | ||||||
11 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
12 | son, or daughter.
| ||||||
13 | (9) Compensated employment, currently or in the | ||||||
14 | previous 3 years, by any
registered election or re-election | ||||||
15 | committee registered with the Secretary of
State or any | ||||||
16 | county clerk in the State of Illinois, or any political | ||||||
17 | action
committee registered with either the Secretary of | ||||||
18 | State or the Federal Board of
Elections.
| ||||||
19 | (10) Relationship to anyone; spouse, father, mother, | ||||||
20 | son, or daughter; who
is or was a compensated employee in | ||||||
21 | the last 2 years of any registered
election or re-election | ||||||
22 | committee registered with the Secretary of State or any
| ||||||
23 | county clerk in the State of Illinois, or any political | ||||||
24 | action committee
registered with either the Secretary of | ||||||
25 | State or the Federal Board of
Elections.
| ||||||
26 | (c) The disclosure in subsection (b) is not intended to |
| |||||||
| |||||||
1 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
2 | fully and publicly disclose any potential
conflict to the chief | ||||||
3 | procurement officers, State purchasing officers, their
| ||||||
4 | designees, and executive officers so they may adequately | ||||||
5 | discharge their duty
to protect the State.
| ||||||
6 | (d) In the case of any contract for personal services in | ||||||
7 | excess of
$50,000; any contract competitively bid in excess of | ||||||
8 | $250,000; any other
contract in excess of $50,000; or any | ||||||
9 | subcontract in excess of $50,000; when a potential for a | ||||||
10 | conflict of interest
is identified, discovered, or reasonably | ||||||
11 | suspected it shall be reviewed and
commented on in writing by | ||||||
12 | the Governor of the State of Illinois, or by an
executive | ||||||
13 | ethics board or commission he or she might designate. The | ||||||
14 | comment
shall be
returned to the responsible chief procurement | ||||||
15 | officer who must rule in writing
whether to void or
allow the | ||||||
16 | contract, bid, offer, or proposal , or subcontract, weighing the | ||||||
17 | best interest of the
State of Illinois. The comment and | ||||||
18 | determination shall become a publicly
available part of the | ||||||
19 | contract, bid, or proposal file.
| ||||||
20 | (e) These thresholds and disclosure do not relieve the | ||||||
21 | chief procurement
officer, the State purchasing officer, or
| ||||||
22 | their designees from reasonable care and diligence for any | ||||||
23 | contract, bid,
offer,
or proposal. The chief procurement | ||||||
24 | officer, the State purchasing officer, or
their designees shall | ||||||
25 | be
responsible for using any reasonably known and publicly | ||||||
26 | available information
to
discover any undisclosed potential |
| |||||||
| |||||||
1 | conflict of interest and act to protect the
best interest of | ||||||
2 | the State of Illinois.
| ||||||
3 | (f) Inadvertent or accidental failure to fully disclose | ||||||
4 | shall render the
contract, bid, proposal , subcontract , or | ||||||
5 | relationship voidable by the chief procurement
officer if he or | ||||||
6 | she deems it in
the best interest of the State of Illinois and, | ||||||
7 | at his or her discretion, may
be cause for barring from future | ||||||
8 | contracts, bids, proposals, subcontracts, or
relationships | ||||||
9 | with the State for a period of up to 2 years.
| ||||||
10 | (g) Intentional, willful, or material failure to disclose | ||||||
11 | shall render the
contract, bid, proposal, subcontract, or | ||||||
12 | relationship voidable by the chief procurement
officer if he or | ||||||
13 | she deems it in
the best interest of the State of Illinois and | ||||||
14 | shall result in debarment from
future contracts, bids, | ||||||
15 | proposals, subcontract, or relationships for a period of not | ||||||
16 | less
than 2 years and not more than 10 years. Reinstatement | ||||||
17 | after 2 years and
before 10 years must be reviewed and | ||||||
18 | commented on in writing by the Governor
of the State of | ||||||
19 | Illinois, or by an executive ethics board or commission he or
| ||||||
20 | she
might designate. The comment shall be returned to the | ||||||
21 | responsible chief
procurement officer who must
rule in writing | ||||||
22 | whether and when to reinstate.
| ||||||
23 | (h) In addition, all disclosures shall note any other | ||||||
24 | current or pending
contracts, subcontracts, proposals, leases, | ||||||
25 | or other ongoing procurement relationships the
bidding, | ||||||
26 | proposing, or offering , or subcontracting entity has with any |
| |||||||
| |||||||
1 | other unit of State
government and shall clearly identify the | ||||||
2 | unit and the contract, proposal,
lease, or other relationship.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | (30 ILCS 500/50-60)
| ||||||
5 | Sec. 50-60. Voidable contracts.
| ||||||
6 | (a) If any contract is entered into or purchase
or | ||||||
7 | expenditure of funds is made in violation of this Code or any | ||||||
8 | other law,
the contract may be declared void by the chief | ||||||
9 | procurement officer or may be
ratified and affirmed,
provided | ||||||
10 | the chief procurement officer determines that ratification is | ||||||
11 | in the
best interests of the
State. If the contract is ratified | ||||||
12 | and affirmed, it shall be without prejudice
to the State's | ||||||
13 | rights to any appropriate damages.
| ||||||
14 | (b) If, during the term of a contract, the contracting | ||||||
15 | agency determines
that the contractor is delinquent in the | ||||||
16 | payment of debt as set forth in
Section 50-11 of this Code, the | ||||||
17 | State agency may declare the contract void if
it determines | ||||||
18 | that voiding the contract is in the best interests of the | ||||||
19 | State.
The Debt Collection Board shall adopt rules for the | ||||||
20 | implementation of this
subsection (b).
| ||||||
21 | (c) If, during the term of a contract, the contracting | ||||||
22 | agency determines
that the contractor is in violation of | ||||||
23 | Section 50-10.5 of this Code, the
contracting
agency shall | ||||||
24 | declare the contract void.
| ||||||
25 | (d) If, during the term of a contract, the contracting |
| |||||||
| |||||||
1 | agency learns from an annual certification or otherwise | ||||||
2 | determines that the contractor no longer qualifies to enter | ||||||
3 | into State contracts by reason of Section 50-5, 50-10, 50-12, | ||||||
4 | 50-14, or 50-14.5 of this Article, the contracting agency may | ||||||
5 | declare the contract void if it determines that voiding the | ||||||
6 | contract is in the best interests of the State. | ||||||
7 | (e) If, during the term of a contract, the contracting | ||||||
8 | agency learns from an annual certification or otherwise | ||||||
9 | determines that a subcontractor subject to Section 20-120 no | ||||||
10 | longer qualifies to enter into State contracts by reason of | ||||||
11 | Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 | ||||||
12 | of this Article, the contracting agency may declare the related | ||||||
13 | contract void if it determines that voiding the contract is in | ||||||
14 | the best interests of the State. | ||||||
15 | (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
| ||||||
16 | (30 ILCS 500/50-65)
| ||||||
17 | Sec. 50-65. Suspension Contractor suspension . Any | ||||||
18 | contractor or subcontractor may be suspended for
violation of | ||||||
19 | this Code or for failure to conform to specifications or terms | ||||||
20 | of
delivery. Suspension shall be for cause and may be for a | ||||||
21 | period of up to
10
years at the discretion of the applicable | ||||||
22 | chief procurement officer.
Contractors or subcontractors may | ||||||
23 | be debarred in accordance with rules promulgated by the chief
| ||||||
24 | procurement officer or as otherwise provided by law.
| ||||||
25 | (Source: P.A. 93-77, eff. 7-2-03.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-70)
| ||||||
2 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
3 | applicable provisions of
the following Acts:
| ||||||
4 | (1) Article 33E of the Criminal Code of 1961;
| ||||||
5 | (2) the Illinois Human Rights Act;
| ||||||
6 | (3) the Discriminatory Club Act;
| ||||||
7 | (4) the Illinois Governmental Ethics Act;
| ||||||
8 | (5) the State Prompt Payment Act;
| ||||||
9 | (6) the Public Officer Prohibited Activities Act;
| ||||||
10 | (7) the Drug Free Workplace Act;
| ||||||
11 | (8) the Illinois Power Agency Act; and
| ||||||
12 | (9)
the Employee Classification Act ; and .
| ||||||
13 | (10) the State Officials and Employees Ethics Act. | ||||||
14 | (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; 95-876, | ||||||
15 | eff. 8-21-08.)
| ||||||
16 | (30 ILCS 500/53-10)
| ||||||
17 | Sec. 53-10. Concessions and leases of State property.
| ||||||
18 | (a) Except for property under the jurisdiction of a public | ||||||
19 | institution of
higher education, concessions, including the | ||||||
20 | assignment, license, sale, or
transfer of
interests in or | ||||||
21 | rights to discoveries, inventions, patents, or copyrightable
| ||||||
22 | works, may be entered into by the State agency with | ||||||
23 | jurisdiction over the
property, whether tangible or | ||||||
24 | intangible.
|
| |||||||
| |||||||
1 | (b) Except for property under the jurisdiction of a public | ||||||
2 | institution of
higher education, all leases of State property | ||||||
3 | and concessions shall be reduced to writing and shall be
| ||||||
4 | awarded under
the provisions of Article 20, except that the | ||||||
5 | contract shall be awarded to the
highest and best bidder or | ||||||
6 | offeror.
| ||||||
7 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
8 | (30 ILCS 500/35-40 rep.)
| ||||||
9 | Section 25. The Illinois Procurement Code is amended by | ||||||
10 | repealing Section 35-40. | ||||||
11 | Section 30. The Illinois Grant Funds Recovery Act is | ||||||
12 | amended by changing Section 4 and by adding Section 4.1 as | ||||||
13 | follows:
| ||||||
14 | (30 ILCS 705/4) (from Ch. 127, par. 2304)
| ||||||
15 | Sec. 4. Grant Application and Agreement Requirements | ||||||
16 | Requirement . | ||||||
17 | (a) Any person or organization, public or private, desiring | ||||||
18 | to receive grant funds must submit a grant application to the | ||||||
19 | appropriate grantor agency. Applications for grant funds shall | ||||||
20 | be made on prescribed forms developed by the grantor agency, | ||||||
21 | and shall include, without being limited to, the following | ||||||
22 | provisions: | ||||||
23 | (1) the name, address, chief officers, and general |
| |||||||
| |||||||
1 | description of the applicant; | ||||||
2 | (2) a general description of the program, project, or | ||||||
3 | use for which grant funding is requested; | ||||||
4 | (3) such plans, equipment lists, and other documents as | ||||||
5 | may be required to show the type, structure, and general | ||||||
6 | character of the program, project, or use for which grant | ||||||
7 | funding is requested; | ||||||
8 | (4) cost estimates of developing, constructing, | ||||||
9 | operating, or completing the program, project, or use for | ||||||
10 | which grant funding is requested; and | ||||||
11 | (5) a program of proposed expenditures for the grant | ||||||
12 | funds. | ||||||
13 | (b) Grant funds may not be used except
pursuant to a | ||||||
14 | written grant agreement, and any disbursement of grant funds
| ||||||
15 | without a grant agreement is void. At a minimum, a grant | ||||||
16 | agreement must:
| ||||||
17 | (1) (a) describe the purpose of the grant and be signed | ||||||
18 | by the grantor agency
making the grant and all grantees of | ||||||
19 | the grant;
| ||||||
20 | (2) (b) specify how payments shall be made, what | ||||||
21 | constitutes permissible expenditure
of the grant funds, | ||||||
22 | and the financial controls applicable to the grant , | ||||||
23 | including, for those grants in excess of $25,000, the | ||||||
24 | filing of quarterly reports describing the progress of the | ||||||
25 | program, project, or use and the expenditure of the grant | ||||||
26 | funds related thereto ;
|
| |||||||
| |||||||
1 | (3) (c) specify the period of time for which the grant | ||||||
2 | is valid and, subject
to the limitation of Section 5, the | ||||||
3 | period of time during which grant funds
may be expended by | ||||||
4 | the grantee; and
| ||||||
5 | (4) contain a provision that any grantees receiving | ||||||
6 | grant funds are required to permit the grantor agency, the | ||||||
7 | Auditor General, or the Attorney General to inspect and | ||||||
8 | audit any books, records, or papers related to the program, | ||||||
9 | project, or use for which grant funds were provided; | ||||||
10 | (5) (d) contain a provision that all funds remaining at | ||||||
11 | the end of the grant
agreement or at the expiration of the | ||||||
12 | period of time grant funds are available
for expenditure or | ||||||
13 | obligation by the grantee shall be returned to the
State | ||||||
14 | within 45 days ; and | ||||||
15 | (6) contain a provision in which the grantee certifies | ||||||
16 | under oath that all information in the grant agreement is | ||||||
17 | true and correct to the best of the grantee's knowledge, | ||||||
18 | information, and belief; that the funds shall be used only | ||||||
19 | for the purposes described in the grant agreement; and that | ||||||
20 | the award of grant funds is conditioned upon such | ||||||
21 | certification .
| ||||||
22 | (Source: P.A. 83-640.)
| ||||||
23 | (30 ILCS 705/4.1 new)
| ||||||
24 | Sec. 4.1. Grant Fund Distribution Suspension. Grantor | ||||||
25 | agencies may withhold or suspend the distribution of grant |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | funds for failure to file required reports.
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2 | Section 99. Effective date. This Section and Sections 5, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 10, 15, 25, and 30 of this Act takes effect upon becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 20 takes effect July 1, 2010.
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