Full Text of SB1426 101st General Assembly
SB1426sam001 101ST GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1426
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1426 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 Sections 25-5 and 25-50 as follows: | 6 | | (5 ILCS 430/25-5)
| 7 | | Sec. 25-5. Legislative Ethics Commission.
| 8 | | (a) The Legislative Ethics Commission is created.
| 9 | | (b) The Legislative Ethics Commission shall consist of 8
| 10 | | commissioners appointed 2 each by the
President and Minority | 11 | | Leader of the Senate and the Speaker and Minority Leader
of the | 12 | | House of Representatives.
| 13 | | The terms of the initial commissioners shall commence upon | 14 | | qualification.
Each appointing authority shall designate one | 15 | | appointee who
shall serve for a 2-year term running through
| 16 | | June 30, 2005.
Each appointing authority shall designate one |
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| 1 | | appointee who
shall serve for a
4-year term running through | 2 | | June 30, 2007.
The initial appointments shall be made within 60 | 3 | | days
after the effective date of this Act.
| 4 | | After the initial terms, commissioners shall serve for | 5 | | 4-year terms
commencing on July 1 of the year of appointment | 6 | | and running
through June 30 of the fourth following year. | 7 | | Commissioners may be
reappointed to one or more subsequent | 8 | | terms.
| 9 | | Vacancies occurring other than at the end of a term shall | 10 | | be filled
by the appointing authority only for the balance of | 11 | | the
term of the commissioner whose office is vacant.
| 12 | | Terms shall run regardless of whether the position is | 13 | | filled.
| 14 | | (c) The appointing authorities shall appoint commissioners | 15 | | who
have experience holding governmental office or employment | 16 | | and shall may
appoint commissioners who are members of the | 17 | | General Assembly as well as
commissioners from the general | 18 | | public.
A commissioner who is a member of the General Assembly | 19 | | must recuse himself or
herself from participating in any matter | 20 | | relating to any investigation or
proceeding in which he or she | 21 | | is the subject or is a complainant.
A person is not eligible to
| 22 | | serve as a commissioner if that person (i) has been convicted | 23 | | of a
felony or a crime of dishonesty or moral turpitude, (ii) | 24 | | is, or was
within the preceding 12 months, engaged in | 25 | | activities that
require registration under the Lobbyist | 26 | | Registration Act, (iii) is a
relative of the appointing |
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| 1 | | authority, (iv) is a State officer or employee
other than a | 2 | | member of the General Assembly, or (v) is a candidate for | 3 | | statewide office, federal office, or judicial office.
| 4 | | (c-5) If a commissioner is required to recuse himself or | 5 | | herself from participating in a matter as provided in | 6 | | subsection (c), the recusal shall create a temporary vacancy | 7 | | for the limited purpose of consideration of the matter for | 8 | | which the commissioner recused himself or herself, and the | 9 | | appointing authority for the recusing commissioner shall make a | 10 | | temporary appointment to fill the vacancy for consideration of | 11 | | the matter for which the commissioner recused himself or | 12 | | herself. | 13 | | (d) The Legislative Ethics Commission shall have
| 14 | | jurisdiction over current and former members of the General | 15 | | Assembly regarding events occurring during a member's term of | 16 | | office and
current and former State
employees regarding events | 17 | | occurring during any period of employment where the State | 18 | | employee's ultimate jurisdictional authority is
(i) a | 19 | | legislative leader, (ii) the Senate Operations Commission, or | 20 | | (iii) the
Joint Committee on Legislative Support Services. The | 21 | | jurisdiction of the
Commission is limited to matters arising | 22 | | under this Act.
| 23 | | An officer or executive branch State employee serving on a | 24 | | legislative branch board or commission remains subject to the | 25 | | jurisdiction of the Executive Ethics Commission and is not | 26 | | subject to the jurisdiction of the Legislative Ethics |
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| 1 | | Commission. | 2 | | (e) The Legislative Ethics Commission must meet, either
in | 3 | | person or by other technological means, monthly or as
often as | 4 | | necessary. At the first meeting of the Legislative
Ethics | 5 | | Commission, the commissioners shall choose from their
number a | 6 | | chairperson and other officers that they deem appropriate.
The | 7 | | terms of officers shall be for 2 years commencing July 1 and
| 8 | | running through June 30 of the second following year. Meetings | 9 | | shall be held at
the call
of the chairperson or any 3 | 10 | | commissioners. Official action by the
Commission shall require | 11 | | the affirmative vote of 5 commissioners, and
a quorum shall | 12 | | consist of 5 commissioners. Commissioners shall receive
no | 13 | | compensation but
may be
reimbursed for their reasonable | 14 | | expenses actually incurred in the
performance of their duties.
| 15 | | (f) No commissioner, other than a commissioner who is a | 16 | | member of the
General
Assembly, or employee of the Legislative
| 17 | | Ethics Commission may during his or her term of appointment or | 18 | | employment:
| 19 | | (1) become a candidate for any elective office;
| 20 | | (2) hold any other elected or appointed public office
| 21 | | except for appointments on governmental advisory boards
or | 22 | | study commissions or as otherwise expressly authorized by | 23 | | law;
| 24 | | (3) be actively involved in the affairs of any | 25 | | political party or political
organization; or
| 26 | | (4) advocate for the appointment of another person to |
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| 1 | | an appointed or elected office or position or actively | 2 | | participate in any campaign for any
elective office.
| 3 | | (f-5) No commissioner who is a member of the General | 4 | | Assembly may be a candidate for statewide office, federal | 5 | | office, or judicial office. If a commissioner who is a member | 6 | | of the General Assembly files petitions to be a candidate for a | 7 | | statewide office, federal office, or judicial office, he or she | 8 | | shall be deemed to have resigned from his or her position as a | 9 | | commissioner on the date his or her name is certified for the | 10 | | ballot by the State Board of Elections or local election | 11 | | authority and his or her position as a commissioner shall be | 12 | | deemed vacant. Such person may not be reappointed to the | 13 | | Commission during any time he or she is a candidate for | 14 | | statewide office, federal office, or judicial office. | 15 | | (g) An appointing authority may remove a
commissioner only | 16 | | for cause.
| 17 | | (h) The Legislative Ethics Commission shall appoint an
| 18 | | Executive Director subject to the approval of at least 3 of the | 19 | | 4 legislative leaders. The compensation of the Executive | 20 | | Director shall
be as determined by the Commission. The | 21 | | Executive Director of the Legislative
Ethics Commission may | 22 | | employ, subject to the approval of at least 3 of the 4 | 23 | | legislative leaders, and determine the
compensation of staff, | 24 | | as appropriations permit.
| 25 | | (i) In consultation with the Legislative Inspector | 26 | | General, the Legislative Ethics Commission may develop |
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| 1 | | comprehensive training for members and employees under its | 2 | | jurisdiction that includes, but is not limited to, sexual | 3 | | harassment, employment discrimination, and workplace civility. | 4 | | The training may be recommended to the ultimate jurisdictional | 5 | | authorities and may be approved by the Commission to satisfy | 6 | | the sexual harassment training required under Section 5-10.5 or | 7 | | be provided in addition to the annual sexual harassment | 8 | | training required under Section 5-10.5. The Commission may seek | 9 | | input from governmental agencies or private entities for | 10 | | guidance in developing such training. | 11 | | (Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.) | 12 | | (5 ILCS 430/25-50)
| 13 | | Sec. 25-50. Investigation reports.
| 14 | | (a) If the Legislative Inspector General, upon the | 15 | | conclusion of an
investigation, determines that reasonable | 16 | | cause exists to believe that a
violation
has occurred, then
the | 17 | | Legislative Inspector General shall issue a summary report of | 18 | | the
investigation. The report shall be delivered to the
| 19 | | appropriate ultimate jurisdictional
authority, to the head of | 20 | | each State
agency
affected by or involved in the investigation, | 21 | | if appropriate, and the member, if any, that is the subject of | 22 | | the report. The appropriate ultimate jurisdictional authority | 23 | | or agency head and the member, if any, that is the subject of | 24 | | the report shall respond to the summary report within 20 days, | 25 | | in writing, to the Legislative Inspector General. If the |
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| 1 | | ultimate jurisdictional authority is the subject of the report, | 2 | | he or she may only respond to the summary report in his or her | 3 | | capacity as the subject of the report and shall not respond in | 4 | | his or her capacity as the ultimate jurisdictional authority. | 5 | | The response shall include a description of any corrective or | 6 | | disciplinary action to be imposed. If the appropriate ultimate | 7 | | jurisdictional authority or the member that is the subject of | 8 | | the report does not respond within 20 days, or within an | 9 | | extended time as agreed to by the Legislative Inspector | 10 | | General, the Legislative Inspector General may proceed under | 11 | | subsection (c) as if a response had been received. A member | 12 | | receiving and responding to a report under this Section shall | 13 | | be deemed to be acting in his or her official capacity.
| 14 | | (b) The summary report of the investigation shall include | 15 | | the following:
| 16 | | (1) A description of any allegations or other | 17 | | information
received by the Legislative Inspector General | 18 | | pertinent to the
investigation.
| 19 | | (2) A description of any alleged misconduct discovered | 20 | | in the
course of the investigation.
| 21 | | (3) Recommendations for any corrective or disciplinary
| 22 | | action to be taken in response to any alleged misconduct | 23 | | described in the
report, including but not limited to | 24 | | discharge.
| 25 | | (4) Other information the Legislative Inspector | 26 | | General
deems relevant to the investigation or resulting |
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| 1 | | recommendations.
| 2 | | (c) Within 30 days after receiving a response from the | 3 | | appropriate ultimate jurisdictional authority or agency head | 4 | | under subsection (a), the Legislative Inspector General shall | 5 | | notify the Commission and the Attorney General if the | 6 | | Legislative Inspector General believes that a complaint should | 7 | | be filed with the Commission. If
the Legislative Inspector | 8 | | General desires to file a
complaint with the Commission, the | 9 | | Legislative Inspector General shall submit the summary report | 10 | | and supporting documents to
the
Attorney General. If the | 11 | | Attorney General concludes that there is insufficient evidence | 12 | | that a violation has occurred, the Attorney General shall | 13 | | notify the Legislative Inspector General and the Legislative | 14 | | Inspector General shall deliver to the Legislative Ethics | 15 | | Commission a copy of the summary report and response from the | 16 | | ultimate jurisdictional authority or agency head.
If the | 17 | | Attorney General determines
that reasonable cause exists to | 18 | | believe that a violation has occurred, then the
Legislative | 19 | | Inspector
General, represented by the Attorney
General, may | 20 | | file with the Legislative Ethics Commission a complaint.
The | 21 | | complaint shall set
forth the alleged violation and the
grounds | 22 | | that exist to support the complaint. Except as provided under | 23 | | subsection (1.5) of Section 20, the complaint must be filed | 24 | | with the Commission within 12 months after the Legislative | 25 | | Inspector General's initiation of an investigation 18 months
| 26 | | after the most recent act of the alleged violation or of a |
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| 1 | | series of alleged
violations
except where there is reasonable | 2 | | cause to believe
that fraudulent concealment has occurred. To | 3 | | constitute fraudulent concealment
sufficient to toll this | 4 | | limitations period, there must be an affirmative act or
| 5 | | representation calculated to prevent discovery of the fact that | 6 | | a violation has
occurred .
If a complaint is not filed with the | 7 | | Commission
within 6 months after notice by the Inspector | 8 | | General to the Commission and the
Attorney General, then the | 9 | | Commission may set a meeting of the Commission at
which the | 10 | | Attorney General shall appear and provide a status
report to | 11 | | the Commission.
| 12 | | (c-5) Within 30 days after receiving a response from the | 13 | | appropriate ultimate jurisdictional authority or agency head | 14 | | under subsection (a), if the Legislative Inspector General does | 15 | | not believe that a complaint should be filed, the Legislative | 16 | | Inspector General shall deliver to the Legislative Ethics | 17 | | Commission a statement setting forth the basis for the decision | 18 | | not to file a complaint and a copy of the summary report and | 19 | | response from the ultimate jurisdictional authority or agency | 20 | | head. The Inspector General may also submit a redacted version | 21 | | of the summary report and response from the ultimate | 22 | | jurisdictional authority if the Inspector General believes | 23 | | either contains information that, in the opinion of the | 24 | | Inspector General, should be redacted prior to releasing the | 25 | | report, may interfere with an ongoing investigation, or | 26 | | identifies an informant or complainant. |
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| 1 | | (c-10) If, after reviewing the documents, the Commission | 2 | | believes that further investigation is warranted, the | 3 | | Commission may request that the Legislative Inspector General | 4 | | provide additional information or conduct further | 5 | | investigation. The Commission may also refer the summary report | 6 | | and response from the ultimate jurisdictional authority to the | 7 | | Attorney General for further investigation or review. If the | 8 | | Commission requests the Attorney General to investigate or | 9 | | review, the Commission must notify the Attorney General and the | 10 | | Legislative Inspector General. The Attorney General may not | 11 | | begin an investigation or review until receipt of notice from | 12 | | the Commission. If, after review, the Attorney General | 13 | | determines that reasonable cause exists to believe that a | 14 | | violation has occurred, then the Attorney General may file a | 15 | | complaint with the Legislative Ethics Commission. If the | 16 | | Attorney General concludes that there is insufficient evidence | 17 | | that a violation has occurred, the Attorney General shall | 18 | | notify the Legislative Ethics Commission and the appropriate | 19 | | Legislative Inspector General. | 20 | | (d) A copy of the complaint filed with the Legislative | 21 | | Ethics Commission must be served on all respondents named in | 22 | | the
complaint and on each respondent's ultimate jurisdictional | 23 | | authority in
the same manner as process is served under the | 24 | | Code of Civil
Procedure.
| 25 | | (e) A respondent may file objections to the complaint | 26 | | within 30 days after notice of the petition has been
served on |
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| 1 | | the respondent.
| 2 | | (f) The Commission shall meet, at least 30 days after the | 3 | | complaint is served on all respondents either in person or by | 4 | | telephone,
in a closed session to review the sufficiency of the | 5 | | complaint.
The Commission shall
issue notice by certified mail, | 6 | | return receipt requested, to the Legislative Inspector | 7 | | General, the Attorney General, and all respondents of
the | 8 | | Commission's ruling on the sufficiency of the complaint. If the | 9 | | complaint
is deemed to
sufficiently allege a violation of this | 10 | | Act, then the Commission shall
include a hearing date scheduled | 11 | | within 4 weeks after the date of the notice,
unless all of the | 12 | | parties consent to a later date.
If the complaint is deemed not | 13 | | to sufficiently allege a
violation, then
the Commission shall | 14 | | send by certified mail, return receipt requested,
a notice to | 15 | | the Legislative Inspector General, the Attorney General, and | 16 | | all respondents the decision to dismiss the complaint.
| 17 | | (g) On the scheduled date
the Commission shall conduct a | 18 | | closed meeting,
either in person or, if the parties consent, by | 19 | | telephone, on the complaint and
allow all
parties the | 20 | | opportunity to present testimony and evidence.
All such | 21 | | proceedings shall be transcribed.
| 22 | | (h) Within an appropriate time limit set by rules of the | 23 | | Legislative
Ethics Commission, the Commission shall (i) | 24 | | dismiss the
complaint, (ii) issue a recommendation of | 25 | | discipline to the
respondent and the respondent's ultimate | 26 | | jurisdictional authority, (iii)
impose an administrative fine |
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| 1 | | upon the respondent, (iv) issue injunctive relief as described | 2 | | in Section 50-10, or (v) impose a combination of (ii) through | 3 | | (iv).
| 4 | | (i) The proceedings on any complaint filed with the | 5 | | Commission
shall be conducted pursuant to rules promulgated by | 6 | | the Commission.
| 7 | | (j) The Commission may designate hearing officers
to | 8 | | conduct proceedings as determined by rule of the Commission.
| 9 | | (k) In all proceedings before the Commission, the standard | 10 | | of
proof is by a preponderance of the evidence.
| 11 | | (l) Within 30 days after the issuance of a final | 12 | | administrative decision that concludes that a violation | 13 | | occurred, the Legislative Ethics Commission shall make public | 14 | | the entire record of proceedings before the Commission, the | 15 | | decision, any recommendation, any discipline imposed, and the | 16 | | response from the agency head or ultimate jurisdictional | 17 | | authority to the Legislative Ethics Commission.
| 18 | | (Source: P.A. 100-588, eff. 6-8-18.)".
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