SB3461 101ST GENERAL ASSEMBLY

LRB101 20198 RJF 69738 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3461

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

SYNOPSIS AS INTRODUCED:

5 ILCS 430/25-5

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

A BILL FOR

AN ACT concerning ethics.

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

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 25-5 as follows:

(5 ILCS 430/25-5)

Sec. 25-5. Legislative Ethics Commission.

(a) The Legislative Ethics Commission is created.

(b) The terms of commissioners of the Legislative Ethics Commission serving on the Commission prior to January 1, 2021 shall be terminated on December 31, 2020. Beginning on and after January 1, 2021, commissioners shall be appointed as provided under subsection (b-5). The Legislative Ethics Commission shall consist of 8 commissioners appointed 2 each by the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives.

The terms of the initial commissioners shall commence upon qualification. Each appointing authority shall designate one appointee who shall serve for a 2-year term running through June 30, 2005. Each appointing authority shall designate one appointee who shall serve for a 4-year term running through June 30, 2007. The initial appointments shall be made within 60 days after the effective date of this Act.

After the initial terms, commissioners shall serve for 4-year terms commencing on July 1 of the year of appointment and running through June 30 of the fourth following year. Commissioners may be reappointed to one or more subsequent terms.

(b-5) Beginning on and after January 1, 2021, the Chief Justice of the Illinois Supreme Court and the most senior Supreme Court Justice who is not elected from the same political party as the Chief Justice shall select 10 commissioners to serve on the Commission. The commissioners shall reflect the ethnic, gender, and racial demographics of Illinois. Eight of the commissioners shall represent, in equal number, the 2 political parties whose gubernatorial candidates received the greatest number of votes in the last gubernatorial election, and 2 of the commissioners shall represent neither of those parties. The 2 Justices responsible for selecting the 10 commissioners shall consider party identification and all campaign contributions in determining a potential commissioner's eligibility. Appointees must be residents of the State of Illinois. Commissioners shall serve for 6-year terms.

Vacancies occurring other than at the end of a term shall be filled by the appointing authority only for the balance of the term of the commissioner whose office is vacant. Terms shall run regardless of whether the position is filled.

Commissioners must file financial disclosure statements and abide by any ethics requirements established by law during his or her term of service on the Commission.

A commissioner is ineligible to serve in the General Assembly or to be appointed to a position subject to Senate confirmation for a period of 10 years after serving on the Commission.

(c) The appointing authorities shall appoint commissioners who have experience holding governmental office or employment and may appoint commissioners who are members of the General Assembly as well as commissioners from the general public. A commissioner who is a member of the General Assembly must recuse himself or herself from participating in any matter relating to any investigation or proceeding in which he or she is the subject or is a complainant. A person is not eligible to serve as a commissioner if that person (i) has been convicted of a felony or a crime of dishonesty or moral turpitude, (ii) is, or was within the preceding 12 months, engaged in activities that require registration under the Lobbyist Registration Act, including lobbying State, federal, or local government, (iii) is a relative of the appointing authority, (iv) is a State, federal, or local government employee is a State officer or employee other than a member of the General Assembly, or (v) is a candidate for statewide office, federal office, or judicial office, (vi) has an ownership interest in an entity with a State, federal, or local government contract, (vii) is appointed or elected to serve a political party, or (viii) was, or has a spouse or immediate family member who was, within the previous 4 calendar years appointed or elected to a position with the State, federal, or local government.

(c-5) If a commissioner recuses is required to recuse himself or herself from participating in a matter as provided in subsection (c), the recusal shall create a temporary vacancy for the limited purpose of consideration of the matter for which the commissioner recused himself or herself, and the appointing authority for the recusing commissioner shall make a temporary appointment to fill the vacancy for consideration of the matter for which the commissioner recused himself or herself.

(d) The Legislative Ethics Commission shall have jurisdiction over current and former members of the General Assembly regarding events occurring during a member's term of office and current and former State employees regarding events occurring during any period of employment where the State employee's ultimate jurisdictional authority is (i) a legislative leader, (ii) the Senate Operations Commission, or (iii) the Joint Committee on Legislative Support Services. The Legislative Ethics Commission shall have jurisdiction over complainants and respondents in violation of subsection (d) of Section 25-90. The jurisdiction of the Commission is limited to matters arising under this Act.

An officer or executive branch State employee serving on a legislative branch board or commission remains subject to the jurisdiction of the Executive Ethics Commission and is not subject to the jurisdiction of the Legislative Ethics Commission.

(e) The Legislative Ethics Commission must meet, either in person or by other technological means, monthly or as often as necessary. At the first meeting of the Legislative Ethics Commission, the commissioners shall choose from their number a chairperson and other officers that they deem appropriate. The terms of officers shall be for 2 years commencing July 1 and running through June 30 of the second following year. Meetings shall be held at the call of the chairperson or any 3 commissioners. Official action by the Commission shall require the affirmative vote of 6 5 commissioners, and a quorum shall consist of 6 5 commissioners. Commissioners shall receive no compensation but may be reimbursed for their reasonable expenses actually incurred in the performance of their duties.

(f) No commissioner, other than a commissioner who is a member of the General Assembly, or employee of the Legislative Ethics Commission may during his or her term of appointment or employment:

(1) become a candidate for any elective office;

(2) hold any other elected or appointed public office except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;

(3) be actively involved in the affairs of any political party or political organization; or

(4) advocate for the appointment of another person to an appointed or elected office or position or actively participate in any campaign for any elective office.

(f-5) (Blank). No commissioner who is a member of the General Assembly may be a candidate for statewide office, federal office, or judicial office. If a commissioner who is a member of the General Assembly files petitions to be a candidate for a statewide office, federal office, or judicial office, he or she shall be deemed to have resigned from his or her position as a commissioner on the date his or her name is certified for the ballot by the State Board of Elections or local election authority and his or her position as a commissioner shall be deemed vacant. Such person may not be reappointed to the Commission during any time he or she is a candidate for statewide office, federal office, or judicial office.

(g) An appointing authority may remove a commissioner only for cause.

(h) The Legislative Ethics Commission shall appoint an Executive Director subject to the approval of at least 3 of the 4 legislative leaders. The compensation of the Executive Director shall be as determined by the Commission. The Executive Director of the Legislative Ethics Commission may employ, subject to the approval of at least 3 of the 4 legislative leaders, and determine the compensation of staff, as appropriations permit.

(i) In consultation with the Legislative Inspector General, the Legislative Ethics Commission may develop comprehensive training for members and employees under its jurisdiction that includes, but is not limited to, sexual harassment, employment discrimination, and workplace civility. The training may be recommended to the ultimate jurisdictional authorities and may be approved by the Commission to satisfy the sexual harassment training required under Section 5-10.5 or be provided in addition to the annual sexual harassment training required under Section 5-10.5. The Commission may seek input from governmental agencies or private entities for guidance in developing such training.

(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)