Full Text of SB1640 97th General Assembly
SB1640ham002 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1640
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1640 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 20-5 as follows: | 6 | | (5 ILCS 430/20-5)
| 7 | | Sec. 20-5. Executive Ethics Commission.
| 8 | | (a) The Executive Ethics Commission is created.
| 9 | | (b) The Executive Ethics Commission shall consist of 9
| 10 | | commissioners.
The Governor shall appoint 5 commissioners, and | 11 | | the Attorney General, Secretary
of State, Comptroller, and | 12 | | Treasurer shall each appoint one commissioner.
Appointments | 13 | | shall be made by and with the advice and consent of the
Senate | 14 | | by three-fifths of the elected members concurring by record | 15 | | vote.
Any nomination not acted upon by the Senate within 60 | 16 | | session days of the
receipt thereof shall be deemed to have |
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| 1 | | received the advice and consent of
the Senate. If, during a | 2 | | recess of the Senate, there is a vacancy in an office
of | 3 | | commissioner, the appointing authority shall make a temporary
| 4 | | appointment until the next meeting of the Senate when the | 5 | | appointing
authority shall make a nomination to fill that | 6 | | office. No person rejected for
an office of commissioner shall, | 7 | | except by the Senate's request, be
nominated again for that | 8 | | office at the same session of the Senate or be
appointed to | 9 | | that office during a recess of that Senate.
No more than 5
| 10 | | commissioners may be of the same
political party.
| 11 | | The terms of the initial commissioners shall commence upon | 12 | | qualification.
Four initial appointees of the Governor, as | 13 | | designated by the Governor, shall
serve terms running through | 14 | | June 30, 2007. One initial appointee of the
Governor, as | 15 | | designated by the Governor, and the initial appointees of the
| 16 | | Attorney General, Secretary of State, Comptroller, and | 17 | | Treasurer shall serve
terms running through June 30, 2008.
The | 18 | | initial appointments shall be made within 60 days
after the | 19 | | effective date of this Act.
| 20 | | After the initial terms, commissioners shall serve for | 21 | | 4-year terms
commencing on July 1 of the year of appointment | 22 | | and running
through June 30 of the fourth following year. | 23 | | Commissioners may be
reappointed to one or more subsequent | 24 | | terms.
| 25 | | Vacancies occurring other than at the end of a term shall | 26 | | be filled
by the appointing authority only for the balance of |
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| 1 | | the
term of the commissioner whose office is vacant.
| 2 | | Terms shall run regardless of whether the position is | 3 | | filled.
| 4 | | (c) The appointing authorities shall appoint commissioners | 5 | | who
have experience holding governmental office or employment | 6 | | and shall
appoint commissioners from the general public.
A | 7 | | person is not eligible to
serve as a commissioner if that | 8 | | person (i) has been convicted of a
felony or a crime of | 9 | | dishonesty or moral turpitude, (ii) is, or was
within the | 10 | | preceding 12 months, engaged in activities that
require | 11 | | registration under the Lobbyist Registration Act, (iii) is | 12 | | related
to the appointing authority, or (iv) is a State officer | 13 | | or employee.
| 14 | | (d) The Executive Ethics Commission shall have
| 15 | | jurisdiction over all officers and employees of State agencies | 16 | | other
than the General Assembly, the Senate, the House of | 17 | | Representatives,
the President and Minority Leader of the | 18 | | Senate, the Speaker and
Minority Leader of the House of | 19 | | Representatives, the Senate
Operations Commission, the | 20 | | legislative support services agencies, and
the Office of the | 21 | | Auditor General.
The Executive Ethics Commission shall have | 22 | | jurisdiction over all board members and employees of Regional | 23 | | Transit Boards. The jurisdiction of the
Commission is limited | 24 | | to matters arising under this Act, except as provided in | 25 | | subsection (d-5).
| 26 | | A member or legislative branch State employee serving on an |
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| 1 | | executive branch board or commission remains subject to the | 2 | | jurisdiction of the Legislative Ethics Commission and is not | 3 | | subject to the jurisdiction of the Executive Ethics Commission. | 4 | | (d-5) The Executive Ethics Commission shall have | 5 | | jurisdiction over all chief procurement officers and | 6 | | procurement compliance monitors and their respective staffs. | 7 | | The Executive Ethics Commission shall have jurisdiction over | 8 | | any matters arising under the Illinois Procurement Code if the | 9 | | Commission is given explicit authority in that Code. | 10 | | (d-6) (1) The Executive Ethics Commission shall have | 11 | | jurisdiction over the Illinois Power Agency and its staff. The | 12 | | Director of the Agency shall be appointed by a majority of the | 13 | | commissioners of the Executive Ethics Commission, subject to | 14 | | Senate confirmation, for a term of 2 years ; provided that, | 15 | | notwithstanding any other provision of State law, the term of | 16 | | the Director holding the position on the effective date of this | 17 | | amendatory Act of the 97th General Assembly shall expire on | 18 | | December 31, 2013 . The Director is removable for cause by a | 19 | | majority of the Commission upon a finding of neglect, | 20 | | malfeasance, absence, or incompetence. | 21 | | (2) In case of a vacancy in the office of Director of | 22 | | the Illinois Power Agency during a recess of the Senate, the | 23 | | Executive Ethics Commission may make a temporary appointment | 24 | | until the next meeting of the Senate, at which time the | 25 | | Executive Ethics Commission shall nominate some person to fill | 26 | | the office, and any person so nominated who is confirmed by the |
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| 1 | | Senate shall hold office during the remainder of the term and | 2 | | until his or her successor is appointed and qualified. Nothing | 3 | | in this subsection shall prohibit the Executive Ethics | 4 | | Commission from removing a temporary appointee or from | 5 | | appointing a temporary appointee as the Director of the | 6 | | Illinois Power Agency. | 7 | | (3) Prior to June 1, 2012, the Executive Ethics | 8 | | Commission may, until the Director of the Illinois Power Agency | 9 | | is appointed and qualified or a temporary appointment is made | 10 | | pursuant to paragraph (2) of this subsection, designate some | 11 | | person as an acting Director to execute the powers and | 12 | | discharge the duties vested by law in that Director. An acting | 13 | | Director shall serve no later than 60 calendar days, or upon | 14 | | the making of an appointment pursuant to paragraph (1) or (2) | 15 | | of this subsection, whichever is earlier. Nothing in this | 16 | | subsection shall prohibit the Executive Ethics Commission from | 17 | | removing an acting Director or from appointing an acting | 18 | | Director as the Director of the Illinois Power Agency. | 19 | | (4) No person rejected by the Senate for the office of | 20 | | Director of the Illinois Power Agency shall, except at the | 21 | | Senate's request, be nominated again for that office at the | 22 | | same session or be appointed to that office during a recess of | 23 | | that Senate. | 24 | | (e) The Executive Ethics Commission must meet, either
in | 25 | | person or by other technological means, at least monthly and as
| 26 | | often as necessary. At the first meeting of the Executive
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| 1 | | Ethics Commission, the commissioners shall choose from their
| 2 | | number a chairperson and other officers that they deem | 3 | | appropriate.
The terms of officers shall be for 2 years | 4 | | commencing July 1 and
running through June 30 of the second | 5 | | following year. Meetings shall be held at
the call
of the | 6 | | chairperson or any 3 commissioners. Official action by the
| 7 | | Commission shall require the affirmative vote of 5 | 8 | | commissioners, and
a quorum shall consist of 5 commissioners. | 9 | | Commissioners shall receive
compensation in an amount equal to | 10 | | the compensation of members of the State
Board of Elections and | 11 | | may be
reimbursed for their reasonable expenses actually | 12 | | incurred in the
performance of their duties.
| 13 | | (f) No commissioner or employee of the Executive
Ethics | 14 | | Commission may during his or her term of appointment or | 15 | | employment:
| 16 | | (1) become a candidate for any elective office;
| 17 | | (2) hold any other elected or appointed public office | 18 | | except for
appointments on governmental advisory boards or | 19 | | study commissions or as
otherwise expressly authorized by | 20 | | law;
| 21 | | (3) be actively involved in the affairs of any | 22 | | political party or
political
organization; or
| 23 | | (4) advocate for the appointment of another person to | 24 | | an appointed or elected office or position or actively | 25 | | participate in any campaign for any elective office.
| 26 | | (g) An appointing authority may remove a commissioner only |
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| 1 | | for cause.
| 2 | | (h) The Executive Ethics Commission shall appoint an | 3 | | Executive Director. The
compensation of the Executive Director | 4 | | shall be as determined by the Commission. The Executive
| 5 | | Director of the Executive Ethics Commission may employ and | 6 | | determine the
compensation of staff, as appropriations permit.
| 7 | | (i) The Executive Ethics Commission shall appoint, by a | 8 | | majority of the members appointed to the Commission, chief | 9 | | procurement officers and procurement compliance monitors in | 10 | | accordance with the provisions of the Illinois Procurement | 11 | | Code. The compensation of a chief procurement officer and | 12 | | procurement compliance monitor shall be determined by the | 13 | | Commission. | 14 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | 15 | | 97-618, eff. 10-26-11 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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