Full Text of HB1474 101st General Assembly
HB1474ham001 101ST GENERAL ASSEMBLY | Rep. Anne Stava-Murray Filed: 3/1/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1474
| 2 | | AMENDMENT NO. ______. Amend House Bill 1474 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 1-5 and by adding Section 5-70 as | 6 | | follows:
| 7 | | (5 ILCS 430/1-5)
| 8 | | Sec. 1-5. Definitions. As used in this Act:
| 9 | | "Appointee" means a person appointed to a position in or | 10 | | with a State
agency, regardless of whether the position is | 11 | | compensated.
| 12 | | "Board members of Regional Transit Boards" means any person | 13 | | appointed to serve on the governing board of a Regional Transit | 14 | | Board. | 15 | | "Campaign for elective office" means any activity in | 16 | | furtherance of an
effort to influence the selection, |
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| 1 | | nomination, election, or appointment of any
individual to any | 2 | | federal, State, or local public office or office in a
political | 3 | | organization, or the selection, nomination, or election
of | 4 | | Presidential or Vice-Presidential electors,
but does not | 5 | | include
activities (i) relating to the support or opposition of | 6 | | any executive,
legislative, or administrative action (as those | 7 | | terms are defined in Section 2
of the Lobbyist Registration | 8 | | Act), (ii) relating to collective bargaining, or
(iii) that are | 9 | | otherwise in furtherance of the person's official State duties.
| 10 | | "Candidate" means a person who has
filed nominating papers | 11 | | or petitions for nomination or election to an elected
State | 12 | | office, or who has been appointed to fill a vacancy in | 13 | | nomination, and
who remains eligible for placement on the | 14 | | ballot at either a
general primary election or general | 15 | | election.
| 16 | | "Collective bargaining" has the same meaning as that term | 17 | | is defined in
Section 3 of the Illinois Public Labor Relations | 18 | | Act.
| 19 | | "Commission" means an ethics commission created by this | 20 | | Act.
| 21 | | "Compensated time" means any time worked by or credited to | 22 | | a State employee
that counts
toward any minimum work time | 23 | | requirement imposed as a condition of employment
with a State | 24 | | agency, but does not include any designated State holidays or | 25 | | any
period when the employee is on a
leave of absence.
| 26 | | "Compensatory time off" means authorized time off earned by |
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| 1 | | or awarded to a
State employee to compensate in whole or in | 2 | | part for time worked in excess of
the minimum work time | 3 | | required
of that employee as a condition of employment with a | 4 | | State agency.
| 5 | | "Complainant" means a person who makes a complaint with the | 6 | | Office of an Inspector General against any officer of the State | 7 | | or State employee alleging violations of any laws, policies, | 8 | | procedures, or rules established under this Act. | 9 | | "Contribution" has the same meaning as that term is defined | 10 | | in Section 9-1.4
of the Election Code.
| 11 | | "Employee" means (i) any person employed full-time, | 12 | | part-time, or
pursuant to a contract and whose employment | 13 | | duties are subject to the direction
and
control of an employer | 14 | | with regard to the material details of how the work is
to be | 15 | | performed or (ii) any appointed or elected commissioner, | 16 | | trustee, director, or board member of a board of a State | 17 | | agency, including any retirement system or investment board | 18 | | subject to the Illinois Pension Code or (iii) any other | 19 | | appointee.
| 20 | | "Employment benefits" include but are not limited to the | 21 | | following: modified compensation or benefit terms; compensated | 22 | | time off; or change of title, job duties, or location of office | 23 | | or employment. An employment benefit may also include favorable | 24 | | treatment in determining whether to bring any disciplinary or | 25 | | similar action or favorable treatment during the course of any | 26 | | disciplinary or similar action or other performance review. |
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| 1 | | "Executive branch constitutional officer" means the | 2 | | Governor, Lieutenant
Governor, Attorney General, Secretary of | 3 | | State, Comptroller, and Treasurer.
| 4 | | "Gift" means any gratuity, discount, entertainment, | 5 | | hospitality, loan,
forbearance, or other tangible or | 6 | | intangible item having monetary value
including, but not
| 7 | | limited to, cash, food and drink, and honoraria for speaking | 8 | | engagements
related to or attributable to government | 9 | | employment or the official position of
an
employee, member, or | 10 | | officer.
The value of a gift may be further defined by rules | 11 | | adopted by the appropriate ethics commission or by the Auditor | 12 | | General for the Auditor General and for employees of the office | 13 | | of the Auditor General.
| 14 | | "Governmental entity" means a unit of local government | 15 | | (including a community college district) or a school
district | 16 | | but not a State
agency or a Regional Transit Board.
| 17 | | "Inspector General" means an Executive Inspector General, | 18 | | the Legislative Inspector General, or any other inspector | 19 | | general created and authorized under this Act. | 20 | | "Leave of absence" means any period during which a State | 21 | | employee does not
receive (i) compensation for State | 22 | | employment, (ii) service credit towards
State pension | 23 | | benefits, and (iii) health insurance benefits paid for by the
| 24 | | State.
| 25 | | "Legislative branch constitutional officer" means a member | 26 | | of the General
Assembly and the Auditor General.
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| 1 | | "Legislative leader" means the President and Minority | 2 | | Leader of the Senate
and the Speaker and Minority Leader of the | 3 | | House of Representatives.
| 4 | | "Member" means a member of the General Assembly.
| 5 | | "Officer" means an executive branch constitutional officer
| 6 | | or a
legislative branch constitutional officer.
| 7 | | "Political" means any activity in support
of or in | 8 | | connection with any campaign for elective office or any | 9 | | political
organization, but does not include activities (i) | 10 | | relating to the support or
opposition of any executive, | 11 | | legislative, or administrative action (as those
terms are | 12 | | defined in Section 2 of the Lobbyist Registration Act), (ii) | 13 | | relating
to collective bargaining, or (iii) that are
otherwise
| 14 | | in furtherance of the person's official
State duties or | 15 | | governmental and public service functions.
| 16 | | "Political organization" means a party, committee, | 17 | | association, fund, or
other organization (whether or not | 18 | | incorporated) that is required to file a
statement of | 19 | | organization with the State Board of Elections or a county | 20 | | clerk
under Section 9-3 of the Election Code, but only with | 21 | | regard to those
activities that require filing with the State | 22 | | Board of Elections or a county
clerk.
| 23 | | "Prohibited political activity" means:
| 24 | | (1) Preparing for, organizing, or participating in any
| 25 | | political meeting, political rally, political | 26 | | demonstration, or other political
event.
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| 1 | | (2) Soliciting contributions, including but not | 2 | | limited to the purchase
of, selling, distributing, or | 3 | | receiving
payment for tickets for any political | 4 | | fundraiser,
political meeting, or other political event.
| 5 | | (3) Soliciting, planning the solicitation of, or | 6 | | preparing any document or
report regarding any thing of | 7 | | value intended as a campaign contribution.
| 8 | | (4) Planning, conducting, or participating in a public | 9 | | opinion
poll in connection with a campaign for elective | 10 | | office or on behalf of a
political organization for | 11 | | political purposes or for or against any referendum
| 12 | | question.
| 13 | | (5) Surveying or gathering information from potential | 14 | | or actual
voters in an election to determine probable vote | 15 | | outcome in connection with a
campaign for elective office | 16 | | or on behalf of a political organization for
political | 17 | | purposes or for or against any referendum question.
| 18 | | (6) Assisting at the polls on election day on behalf of | 19 | | any
political organization or candidate for elective | 20 | | office or for or against any
referendum
question.
| 21 | | (7) Soliciting votes on behalf of a candidate for | 22 | | elective office or a
political organization or for or | 23 | | against any referendum question or helping in
an effort to | 24 | | get voters
to the polls.
| 25 | | (8) Initiating for circulation, preparing, | 26 | | circulating, reviewing, or
filing any petition on
behalf of |
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| 1 | | a candidate for elective office or for or against any | 2 | | referendum
question.
| 3 | | (9) Making contributions on behalf
of any candidate for | 4 | | elective office in that capacity or in connection with a
| 5 | | campaign for elective office.
| 6 | | (10) Preparing or reviewing responses to candidate | 7 | | questionnaires in
connection with a campaign for elective | 8 | | office or on behalf of a political
organization for | 9 | | political purposes.
| 10 | | (11) Distributing, preparing for distribution, or | 11 | | mailing campaign
literature, campaign signs, or other | 12 | | campaign material on behalf of any
candidate for elective | 13 | | office or for or against any referendum question.
| 14 | | (12) Campaigning for any elective
office or for or | 15 | | against any referendum question.
| 16 | | (13) Managing or working on a campaign for elective
| 17 | | office or for or against any referendum question.
| 18 | | (14) Serving as a delegate, alternate, or proxy to a | 19 | | political
party convention.
| 20 | | (15) Participating in any recount or challenge to the | 21 | | outcome of
any election, except to the extent that under | 22 | | subsection (d) of
Section 6 of Article IV of the Illinois | 23 | | Constitution each house of the General
Assembly shall judge | 24 | | the elections, returns, and qualifications of its members.
| 25 | | "Prohibited source" means any person or entity who:
| 26 | | (1) is seeking official action (i) by the
member or |
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| 1 | | officer or (ii) in the case of an employee, by
the employee
| 2 | | or by the
member, officer, State agency, or other employee | 3 | | directing the
employee;
| 4 | | (2) does business or seeks to do business (i) with the
| 5 | | member or officer or (ii) in the case of an employee,
with | 6 | | the
employee or with the member, officer, State agency, or | 7 | | other
employee directing the
employee;
| 8 | | (3) conducts activities regulated (i) by the
member or | 9 | | officer or (ii) in the case of an employee, by
the employee | 10 | | or by the member, officer, State agency, or
other employee | 11 | | directing the employee;
| 12 | | (4) has interests that may be substantially affected by | 13 | | the performance or
non-performance of the official duties | 14 | | of the member, officer, or
employee;
| 15 | | (5) is registered or required to be registered with the | 16 | | Secretary of State
under the Lobbyist Registration Act, | 17 | | except that an entity not otherwise a
prohibited source | 18 | | does not become a prohibited source merely because a
| 19 | | registered lobbyist is one of its members or serves on its | 20 | | board of
directors; or | 21 | | (6) is an agent of, a spouse of, or an immediate family | 22 | | member who is living with a "prohibited source".
| 23 | | "Regional Transit Boards" means (i) the Regional | 24 | | Transportation Authority created by the Regional | 25 | | Transportation Authority Act, (ii) the Suburban Bus Division | 26 | | created by the Regional Transportation Authority Act, (iii) the |
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| 1 | | Commuter Rail Division created by the Regional Transportation | 2 | | Authority Act, and (iv) the Chicago Transit Authority created | 3 | | by the Metropolitan Transit Authority Act. | 4 | | "State agency" includes all officers, boards, commissions | 5 | | and agencies
created by the Constitution, whether in the | 6 | | executive or legislative
branch; all officers,
departments, | 7 | | boards, commissions, agencies, institutions, authorities,
| 8 | | public institutions of higher learning as defined in Section 2 | 9 | | of the Higher
Education
Cooperation Act (except community | 10 | | colleges), and bodies politic and corporate of the State; and
| 11 | | administrative
units or corporate outgrowths of the State | 12 | | government which are created by
or pursuant to statute, other | 13 | | than units of local government (including community college | 14 | | districts) and their
officers, school districts, and boards of | 15 | | election commissioners; and all
administrative units and | 16 | | corporate outgrowths of the above and as may be
created by | 17 | | executive order of the Governor. "State agency" includes the | 18 | | General
Assembly, the Senate, the House of Representatives, the | 19 | | President and Minority
Leader of the Senate, the Speaker and | 20 | | Minority Leader of the House of
Representatives, the Senate | 21 | | Operations Commission, and the legislative support
services | 22 | | agencies. "State agency" includes the Office
of the Auditor | 23 | | General. "State agency" does not include the judicial branch.
| 24 | | "State employee" means any employee of a State agency.
| 25 | | "Ultimate jurisdictional
authority" means the following:
| 26 | | (1) For members, legislative partisan staff, and |
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| 1 | | legislative secretaries,
the appropriate
legislative | 2 | | leader: President of the
Senate, Minority Leader of the | 3 | | Senate, Speaker of the House of Representatives,
or | 4 | | Minority Leader of the House of Representatives.
| 5 | | (2) For State employees who are professional staff or | 6 | | employees of the
Senate and not covered under item (1), the | 7 | | Senate Operations Commission.
| 8 | | (3) For State employees who are professional staff or | 9 | | employees of the
House of Representatives and not covered | 10 | | under item (1), the Speaker of the
House of | 11 | | Representatives.
| 12 | | (4) For State employees who are employees of the | 13 | | legislative support
services agencies, the Joint Committee | 14 | | on Legislative Support Services.
| 15 | | (5) For State employees of the Auditor General, the | 16 | | Auditor General.
| 17 | | (6) For State employees of public institutions of | 18 | | higher learning as
defined in Section 2 of the Higher | 19 | | Education Cooperation Act (except community colleges), the | 20 | | board of
trustees of the appropriate public institution of | 21 | | higher learning.
| 22 | | (7) For State employees of an executive branch | 23 | | constitutional officer
other than those described in | 24 | | paragraph (6), the
appropriate executive branch | 25 | | constitutional officer.
| 26 | | (8) For State employees not under the jurisdiction of |
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| 1 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | 2 | | Governor.
| 3 | | (9) For employees of Regional Transit Boards, the | 4 | | appropriate Regional Transit Board.
| 5 | | (10) For board members of Regional Transit Boards, the | 6 | | Governor. | 7 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528, | 8 | | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.) | 9 | | (5 ILCS 430/5-70 new) | 10 | | Sec. 5-70. Rights of complainants. Each complainant under | 11 | | this Act has a right to the following: | 12 | | (1) to be notified of the complainant's rights and | 13 | | receive an explanation of the process, rules, and | 14 | | procedures related to the complainant's rights, including, | 15 | | but not limited to, the duties of the Inspector General and | 16 | | the appropriate Ethics Commission within 48 hours of filing | 17 | | a complaint with the Inspector General; | 18 | | (2) to be notified of the receipt of his or her | 19 | | complaint by the Inspector General; notice must be provided | 20 | | within 48 hours for complaints of sexual harassment or any | 21 | | other type of discrimination, and no later than 30 days for | 22 | | all other complaints; | 23 | | (3) to be informed of the decision made and actions | 24 | | taken by the Inspector General as to whether the complaint | 25 | | warrants an investigation or referral; information must be |
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| 1 | | provided within 48 hours for complaints of sexual | 2 | | harassment or any other type of discrimination, and no | 3 | | later than 30 days for all other complaints; | 4 | | (4) to have an attorney or support person of the | 5 | | complainant's choice, and at the complainant's expense, | 6 | | present at any and all interviews or meetings, whether in | 7 | | person or by any other form of communication, that are held | 8 | | between the complainant and the Inspector General; | 9 | | (5) to receive the Inspector General's summary of the | 10 | | information provided by the complainant to the Inspector | 11 | | General, including any and all statements and evidence | 12 | | provided by the complainant, for the complainant's review | 13 | | and for the complainant to make any necessary corrections | 14 | | to the summary or provide additional content for inclusion | 15 | | in the Inspector General's summary of the complainant's | 16 | | statements and evidence; | 17 | | (6) to submit a victim impact statement that shall be | 18 | | included in the Inspector General's summary report to the | 19 | | appropriate Ethics Commission for its consideration in | 20 | | determining an appropriate outcome; | 21 | | (7) to testify and be heard at a hearing on the | 22 | | complaint; | 23 | | (8) to have an attorney or other support person of the | 24 | | complainant's choice, and at the complainant's expense, | 25 | | accompany the complainant while testifying and being heard | 26 | | at a hearing on the complaint; |
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| 1 | | (9) to receive any summary report planned for public | 2 | | publication within 7 days prior to it being made public to | 3 | | ensure all personal identifying information has been | 4 | | appropriately redacted; | 5 | | (10) to a redacted decision of the Ethics Commission if | 6 | | the complaint is found to be unfounded within 7 days of the | 7 | | final decision; and | 8 | | (11) to file a complaint with the Inspector General for | 9 | | any violation of the complainant's rights under this | 10 | | Section that is subject to the fines and penalties | 11 | | established under this Act.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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