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HB4189 Enrolled |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is |
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| amended by changing Sections 1-5 and 70-5 as follows: |
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| (5 ILCS 430/1-5)
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| Sec. 1-5. Definitions. As used in this Act:
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| "Appointee" means a person appointed to a position in or |
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| with a State
agency, regardless of whether the position is |
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| compensated.
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| "Campaign for elective office" means any activity in |
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| furtherance of an
effort to influence the selection, |
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| nomination, election, or appointment of any
individual to any |
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| federal, State, or local public office or office in a
political |
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| organization, or the selection, nomination, or election
of |
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| Presidential or Vice-Presidential electors,
but does not |
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| include
activities (i) relating to the support or opposition of |
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| any executive,
legislative, or administrative action (as those |
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| terms are defined in Section 2
of the Lobbyist Registration |
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| Act), (ii) relating to collective bargaining, or
(iii) that are |
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| otherwise in furtherance of the person's official State duties.
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| "Candidate" means a person who has
filed nominating papers |
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| or petitions for nomination or election to an elected
State |
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| office, or who has been appointed to fill a vacancy in |
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| nomination, and
who remains eligible for placement on the |
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| ballot at either a
general primary election or general |
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| election.
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| "Collective bargaining" has the same meaning as that term |
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| is defined in
Section 3 of the Illinois Public Labor Relations |
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| Act.
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| "Commission" means an ethics commission created by this |
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| Act.
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| "Compensated time" means any time worked by or credited to |
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| a State employee
that counts
toward any minimum work time |
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| requirement imposed as a condition of employment
with a State |
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| agency, but does not include any designated State holidays or |
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| any
period when the employee is on a
leave of absence.
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| "Compensatory time off" means authorized time off earned by |
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| or awarded to a
State employee to compensate in whole or in |
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| part for time worked in excess of
the minimum work time |
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| required
of that employee as a condition of employment with a |
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| State agency.
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| "Contribution" has the same meaning as that term is defined |
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| in Section 9-1.4
of the Election Code.
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| "Employee" means (i) any person employed full-time, |
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| part-time, or
pursuant to a contract and whose employment |
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| duties are subject to the direction
and
control of an employer |
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| with regard to the material details of how the work is
to be |
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| performed or (ii) any appointee.
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| "Executive branch constitutional officer" means the |
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| Governor, Lieutenant
Governor, Attorney General, Secretary of |
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| State, Comptroller, and Treasurer.
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| "Gift" means any gratuity, discount, entertainment, |
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| hospitality, loan,
forbearance, or other tangible or |
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| intangible item having monetary value
including, but not
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| limited to, cash, food and drink, and honoraria for speaking |
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| engagements
related to or attributable to government |
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| employment or the official position of
an
employee, member, or |
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| officer.
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| "Governmental entity" means a unit of local government |
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| (including a community college district) or a school
district |
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| but not a State
agency.
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| "Leave of absence" means any period during which a State |
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| employee does not
receive (i) compensation for State |
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| employment, (ii) service credit towards
State pension |
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| benefits, and (iii) health insurance benefits paid for by the
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| State.
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| "Legislative branch constitutional officer" means a member |
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| of the General
Assembly and the Auditor General.
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| "Legislative leader" means the President and Minority |
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| Leader of the Senate
and the Speaker and Minority Leader of the |
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| House of Representatives.
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| "Member" means a member of the General Assembly.
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| "Officer" means an executive branch constitutional officer
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| or a
legislative branch constitutional officer.
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| "Political" means any activity in support
of or in |
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| connection with any campaign for elective office or any |
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| political
organization, but does not include activities (i) |
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| relating to the support or
opposition of any executive, |
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| legislative, or administrative action (as those
terms are |
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| defined in Section 2 of the Lobbyist Registration Act), (ii) |
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| relating
to collective bargaining, or (iii) that are
otherwise
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| in furtherance of the person's official
State duties or |
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| governmental and public service functions.
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| "Political organization" means a party, committee, |
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| association, fund, or
other organization (whether or not |
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| incorporated) that is required to file a
statement of |
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| organization with the State Board of Elections or a county |
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| clerk
under Section 9-3 of the Election Code, but only with |
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| regard to those
activities that require filing with the State |
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| Board of Elections or a county
clerk.
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| "Prohibited political activity" means:
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| (1) Preparing for, organizing, or participating in any
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| political meeting, political rally, political |
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| demonstration, or other political
event.
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| (2) Soliciting contributions, including but not |
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| limited to the purchase
of, selling, distributing, or |
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| receiving
payment for tickets for any political |
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| fundraiser,
political meeting, or other political event.
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| (3) Soliciting, planning the solicitation of, or |
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| preparing any document or
report regarding any thing of |
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| value intended as a campaign contribution.
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| (4) Planning, conducting, or participating in a public |
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| opinion
poll in connection with a campaign for elective |
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| office or on behalf of a
political organization for |
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| political purposes or for or against any referendum
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| question.
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| (5) Surveying or gathering information from potential |
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| or actual
voters in an election to determine probable vote |
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| outcome in connection with a
campaign for elective office |
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| or on behalf of a political organization for
political |
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| purposes or for or against any referendum question.
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| (6) Assisting at the polls on election day on behalf of |
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| any
political organization or candidate for elective |
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| office or for or against any
referendum
question.
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| (7) Soliciting votes on behalf of a candidate for |
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| elective office or a
political organization or for or |
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| against any referendum question or helping in
an effort to |
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| get voters
to the polls.
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| (8) Initiating for circulation, preparing, |
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| circulating, reviewing, or
filing any petition on
behalf of |
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| a candidate for elective office or for or against any |
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| referendum
question.
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| (9) Making contributions on behalf
of any candidate for |
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| elective office in that capacity or in connection with a
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| campaign for elective office.
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| (10) Preparing or reviewing responses to candidate |
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HB4189 Enrolled |
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LRB095 14356 RAS 40256 b |
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| questionnaires in
connection with a campaign for elective |
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| office or on behalf of a political
organization for |
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| political purposes.
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| (11) Distributing, preparing for distribution, or |
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| mailing campaign
literature, campaign signs, or other |
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| campaign material on behalf of any
candidate for elective |
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| office or for or against any referendum question.
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| (12) Campaigning for any elective
office or for or |
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| against any referendum question.
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| (13) Managing or working on a campaign for elective
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| office or for or against any referendum question.
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| (14) Serving as a delegate, alternate, or proxy to a |
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| political
party convention.
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| (15) Participating in any recount or challenge to the |
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| outcome of
any election, except to the extent that under |
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| subsection (d) of
Section 6 of Article IV of the Illinois |
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| Constitution each house of the General
Assembly shall judge |
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| the elections, returns, and qualifications of its members.
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| "Prohibited source" means any person or entity who:
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| (1) is seeking official action (i) by the
member or |
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| officer or (ii) in the case of an employee, by
the employee
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| or by the
member, officer, State agency, or other employee |
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| directing the
employee;
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| (2) does business or seeks to do business (i) with the
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| member or officer or (ii) in the case of an employee,
with |
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| the
employee or with the member, officer, State agency, or |
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| other
employee directing the
employee;
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| (3) conducts activities regulated (i) by the
member or |
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| officer or (ii) in the case of an employee, by
the employee |
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| or by the member, officer, State agency, or
other employee |
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| directing the employee;
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| (4) has interests that may be substantially affected by |
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| the performance or
non-performance of the official duties |
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| of the member, officer, or
employee; or
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| (5) is registered or required to be registered with the |
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| Secretary of State
under the Lobbyist Registration Act, |
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| except that an entity not otherwise a
prohibited source |
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| does not become a prohibited source merely because a
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| registered lobbyist is one of its members or serves on its |
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| board of
directors.
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| "State agency" includes all officers, boards, commissions |
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| and agencies
created by the Constitution, whether in the |
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| executive or legislative
branch; all officers,
departments, |
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| boards, commissions, agencies, institutions, authorities,
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| public institutions of higher learning as defined in Section 2 |
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| of the Higher
Education
Cooperation Act (except community |
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| colleges) , and bodies politic and corporate of the State; and
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| administrative
units or corporate outgrowths of the State |
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| government which are created by
or pursuant to statute, other |
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| than units of local government (including community college |
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| districts) and their
officers, school districts, and boards of |
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| election commissioners; and all
administrative units and |
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| corporate outgrowths of the above and as may be
created by |
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| executive order of the Governor. "State agency" includes the |
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| General
Assembly, the Senate, the House of Representatives, the |
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| President and Minority
Leader of the Senate, the Speaker and |
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| Minority Leader of the House of
Representatives, the Senate |
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| Operations Commission, and the legislative support
services |
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| agencies. "State agency" includes the Office
of the Auditor |
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| General. "State agency" does not include the judicial branch.
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| "State employee" means any employee of a State agency.
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| "Ultimate jurisdictional
authority" means the following:
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| (1) For members, legislative partisan staff, and |
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| legislative secretaries,
the appropriate
legislative |
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| leader: President of the
Senate, Minority Leader of the |
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| Senate, Speaker of the House of Representatives,
or |
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| Minority Leader of the House of Representatives.
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| (2) For State employees who are professional staff or |
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| employees of the
Senate and not covered under item (1), the |
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| Senate Operations Commission.
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| (3) For State employees who are professional staff or |
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| employees of the
House of Representatives and not covered |
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| under item (1), the Speaker of the
House of |
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| Representatives.
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| (4) For State employees who are employees of the |
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| legislative support
services agencies, the Joint Committee |
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| on Legislative Support Services.
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| (5) For State employees of the Auditor General, the |
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| Auditor General.
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| (6) For State employees of public institutions of |
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| higher learning as
defined in Section 2 of the Higher |
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| Education Cooperation Act (except community colleges) , the |
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| board of
trustees of the appropriate public institution of |
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| higher learning.
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| (7) For State employees of an executive branch |
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| constitutional officer
other than those described in |
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| paragraph (6), the
appropriate executive branch |
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| constitutional officer.
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| (8) For State employees not under the jurisdiction of |
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| paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
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| Governor.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03; |
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| 93-685, eff. 7-8-04.) |
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| (5 ILCS 430/70-5)
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| Sec. 70-5. Adoption by governmental entities.
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| (a) Within 6 months after the effective date of this Act, |
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| each governmental
entity other than a community college |
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| district, and each community college district within 6 months |
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| after the effective date of this amendatory Act of the 95th |
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| General Assembly, shall
adopt an ordinance or resolution that |
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| regulates, in a manner no less
restrictive than Section 5-15 |
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| and Article 10 of this
Act, (i) the political activities of |
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| officers and employees of the
governmental entity
and (ii) the |
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| soliciting and accepting of gifts by and the offering and |
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| making
of gifts to
officers and employees of the governmental |
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| entity.
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| (b) Within 3 months after the effective date of this |
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| amendatory Act of the
93rd General Assembly, the Attorney |
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| General shall develop model ordinances
and resolutions for
the
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| purpose of this Article. The Attorney General shall advise
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| governmental
entities on their
contents and adoption.
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| (c) As used in this Article, (i) an "officer" means an |
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| elected or appointed
official; regardless of whether the |
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| official is compensated,
and (ii) an "employee" means a |
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| full-time, part-time, or contractual employee.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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