Full Text of SB2533 102nd General Assembly
SB2533 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2533 Introduced 2/26/2021, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/25-5 |
| 5 ILCS 430/25-15 |
| 5 ILCS 430/25-52 | |
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Amends the State Officials and Employees Ethics Act. Requires the appointment of at least one member of the general public to the Legislative Ethics Commission. Provides that the Legislative Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing an investigation. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in the subject of the investigation being found guilty of allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of the Act, or violations of other related laws and rules, the Legislative Inspector General (currently, Legislative Ethics Commission) shall make available to the public the report and response or a redacted version of the report and response. Allows the Legislative Inspector General to make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Legislative Ethics Commission. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Sections 25-5, 25-15, and 25-52 as | 6 | | follows: | 7 | | (5 ILCS 430/25-5)
| 8 | | Sec. 25-5. Legislative Ethics Commission.
| 9 | | (a) The Legislative Ethics Commission is created.
| 10 | | (b) The Legislative Ethics Commission shall consist of 8
| 11 | | commissioners appointed 2 each by the
President and Minority | 12 | | Leader of the Senate and the Speaker and Minority Leader
of the | 13 | | House of Representatives.
| 14 | | The terms of the initial commissioners shall commence upon | 15 | | qualification.
Each appointing authority shall designate one | 16 | | appointee who
shall serve for a 2-year term running through
| 17 | | June 30, 2005.
Each appointing authority shall designate one | 18 | | appointee who
shall serve for a
4-year term running through | 19 | | June 30, 2007.
The initial appointments shall be made within | 20 | | 60 days
after the effective date of this Act.
| 21 | | After the initial terms, commissioners shall serve for | 22 | | 4-year terms
commencing on July 1 of the year of appointment | 23 | | and running
through June 30 of the fourth following year. |
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| 1 | | Commissioners may be
reappointed to one or more subsequent | 2 | | terms.
| 3 | | Vacancies occurring other than at the end of a term shall | 4 | | be filled
by the appointing authority only for the balance of | 5 | | the
term of the commissioner whose office is vacant.
| 6 | | Terms shall run regardless of whether the position is | 7 | | filled.
| 8 | | (c) The appointing authorities shall appoint commissioners | 9 | | who
have experience holding governmental office or employment | 10 | | and shall each appoint at least one commissioner of the | 11 | | general public and may
appoint commissioners who are members | 12 | | of the General Assembly as well as
commissioners from the | 13 | | general public .
A commissioner who is a member of the General | 14 | | Assembly must recuse himself or
herself from participating in | 15 | | any matter relating to any investigation or
proceeding in | 16 | | which he or she is the subject or is a complainant.
A person is | 17 | | not eligible to
serve as a commissioner if that person (i) has | 18 | | been convicted of a
felony or a crime of dishonesty or moral | 19 | | turpitude, (ii) is, or was
within the preceding 12 months, | 20 | | engaged in activities that
require registration under the | 21 | | Lobbyist Registration Act, (iii) is a
relative of the | 22 | | appointing authority, (iv) is a State officer or employee
| 23 | | other than a member of the General Assembly, or (v) is a | 24 | | candidate for statewide office, federal office, or judicial | 25 | | office.
| 26 | | (c-5) If a commissioner is required to recuse himself or |
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| 1 | | herself from participating in a matter as provided in | 2 | | subsection (c), the recusal shall create a temporary vacancy | 3 | | for the limited purpose of consideration of the matter for | 4 | | which the commissioner recused himself or herself, and the | 5 | | appointing authority for the recusing commissioner shall make | 6 | | a temporary appointment to fill the vacancy for consideration | 7 | | of the matter for which the commissioner recused himself or | 8 | | herself. | 9 | | (d) The Legislative Ethics Commission shall have
| 10 | | jurisdiction over current and former members of the General | 11 | | Assembly regarding events occurring during a member's term of | 12 | | office and
current and former State
employees regarding events | 13 | | occurring during any period of employment where the State | 14 | | employee's ultimate jurisdictional authority is
(i) a | 15 | | legislative leader, (ii) the Senate Operations Commission, or | 16 | | (iii) the
Joint Committee on Legislative Support Services. The | 17 | | Legislative Ethics Commission shall have jurisdiction over | 18 | | complainants and respondents in violation of subsection (d) of | 19 | | Section 25-90. The jurisdiction of the
Commission is limited | 20 | | to matters arising under this Act.
| 21 | | An officer or executive branch State employee serving on a | 22 | | legislative branch board or commission remains subject to the | 23 | | jurisdiction of the Executive Ethics Commission and is not | 24 | | subject to the jurisdiction of the Legislative Ethics | 25 | | Commission. | 26 | | (e) The Legislative Ethics Commission must meet, either
in |
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| 1 | | person or by other technological means, monthly or as
often as | 2 | | necessary. At the first meeting of the Legislative
Ethics | 3 | | Commission, the commissioners shall choose from their
number a | 4 | | chairperson and other officers that they deem appropriate.
The | 5 | | terms of officers shall be for 2 years commencing July 1 and
| 6 | | running through June 30 of the second following year. Meetings | 7 | | shall be held at
the call
of the chairperson or any 3 | 8 | | commissioners. Official action by the
Commission shall require | 9 | | the affirmative vote of 5 commissioners, and
a quorum shall | 10 | | consist of 5 commissioners. Commissioners shall receive
no | 11 | | compensation but
may be
reimbursed for their reasonable | 12 | | expenses actually incurred in the
performance of their duties.
| 13 | | (f) No commissioner, other than a commissioner who is a | 14 | | member of the
General
Assembly, or employee of the Legislative
| 15 | | Ethics Commission may during his or her term of appointment or | 16 | | employment:
| 17 | | (1) become a candidate for any elective office;
| 18 | | (2) hold any other elected or appointed public office
| 19 | | except for appointments on governmental advisory boards
or | 20 | | study commissions or as otherwise expressly authorized by | 21 | | law;
| 22 | | (3) be actively involved in the affairs of any | 23 | | political party or political
organization; or
| 24 | | (4) advocate for the appointment of another person to | 25 | | an appointed or elected office or position or actively | 26 | | participate in any campaign for any
elective office.
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| 1 | | (f-5) No commissioner who is a member of the General | 2 | | Assembly may be a candidate for statewide office, federal | 3 | | office, or judicial office. If a commissioner who is a member | 4 | | of the General Assembly files petitions to be a candidate for a | 5 | | statewide office, federal office, or judicial office, he or | 6 | | she shall be deemed to have resigned from his or her position | 7 | | as a commissioner on the date his or her name is certified for | 8 | | the ballot by the State Board of Elections or local election | 9 | | authority and his or her position as a commissioner shall be | 10 | | deemed vacant. Such person may not be reappointed to the | 11 | | Commission during any time he or she is a candidate for | 12 | | statewide office, federal office, or judicial office. | 13 | | (g) An appointing authority may remove a
commissioner only | 14 | | for cause.
| 15 | | (h) The Legislative Ethics Commission shall appoint an
| 16 | | Executive Director subject to the approval of at least 3 of the | 17 | | 4 legislative leaders. The compensation of the Executive | 18 | | Director shall
be as determined by the Commission. The | 19 | | Executive Director of the Legislative
Ethics Commission may | 20 | | employ, subject to the approval of at least 3 of the 4 | 21 | | legislative leaders, and determine the
compensation of staff, | 22 | | as appropriations permit.
| 23 | | (i) In consultation with the Legislative Inspector | 24 | | General, the Legislative Ethics Commission may develop | 25 | | comprehensive training for members and employees under its | 26 | | jurisdiction that includes, but is not limited to, sexual |
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| 1 | | harassment, employment discrimination, and workplace civility. | 2 | | The training may be recommended to the ultimate jurisdictional | 3 | | authorities and may be approved by the Commission to satisfy | 4 | | the sexual harassment training required under Section 5-10.5 | 5 | | or be provided in addition to the annual sexual harassment | 6 | | training required under Section 5-10.5. The Commission may | 7 | | seek input from governmental agencies or private entities for | 8 | | guidance in developing such training. | 9 | | (Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | 10 | | 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.) | 11 | | (5 ILCS 430/25-15)
| 12 | | Sec. 25-15. Duties of the Legislative Ethics Commission. | 13 | | In addition to
duties otherwise assigned by law, the | 14 | | Legislative Ethics Commission shall have
the following duties:
| 15 | | (1) To promulgate rules governing the performance of | 16 | | its duties and the
exercise of its powers and governing | 17 | | the investigations of the Legislative
Inspector General ; | 18 | | except that, the Legislative Ethics Commission shall adopt | 19 | | no rule requiring the Legislative Inspector General to | 20 | | seek the Commission's advance approval before commencing | 21 | | any investigation authorized under this Article. Any | 22 | | existing rule, as of the effective date of this amendatory | 23 | | Act of the 102nd General Assembly, requiring the | 24 | | Legislative Inspector General to seek the Commission's | 25 | | advance approval before commencing any investigation is |
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| 1 | | void . The rules shall be available on the Commission's | 2 | | website and any proposed changes to the rules must be made | 3 | | available to the public on the Commission's website no | 4 | | less than 7 days before the adoption of the changes. Any | 5 | | person shall be given an opportunity to provide written or | 6 | | oral testimony before the Commission in support of or | 7 | | opposition to proposed rules.
| 8 | | (2) To conduct administrative hearings and rule on | 9 | | matters
brought before the Commission only upon the | 10 | | receipt of pleadings
filed by the Legislative Inspector | 11 | | General and not upon its own
prerogative, but may appoint | 12 | | special Legislative Inspectors General as provided
in | 13 | | Section 25-21. Any other allegations of misconduct | 14 | | received by the
Commission from a person other than the | 15 | | Legislative Inspector General
shall be referred to the | 16 | | Office of the Legislative Inspector General.
| 17 | | (3) To prepare and publish manuals and guides and, | 18 | | working with
the Office of the Attorney General, oversee
| 19 | | training of employees under its jurisdiction that explains | 20 | | their duties.
| 21 | | (4) To prepare public information materials to | 22 | | facilitate
compliance, implementation, and enforcement of | 23 | | this Act.
| 24 | | (5) To submit reports as required by this Act.
| 25 | | (6) To the extent authorized by this Act, to make | 26 | | rulings, issue
recommendations, and impose administrative |
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| 1 | | fines,
if appropriate,
in
connection with the | 2 | | implementation and interpretation of this Act.
The powers | 3 | | and duties of the
Commission are limited to matters | 4 | | clearly within the purview of this
Act.
| 5 | | (7) To issue subpoenas with respect to matters pending | 6 | | before the Commission,
subject to the provisions of this | 7 | | Article and in the
discretion of the Commission,
to compel | 8 | | the attendance of witnesses for purposes of testimony and
| 9 | | the production of documents and other items for inspection | 10 | | and
copying.
| 11 | | (8) To appoint special Legislative Inspectors General | 12 | | as provided in Section
25-21.
| 13 | | (9) To conspicuously display on the Commission's | 14 | | website the procedures for reporting a violation of this | 15 | | Act, including how to report violations via email or | 16 | | online. | 17 | | (10) To conspicuously display on the Commission's | 18 | | website any vacancies within the Office of the Legislative | 19 | | Inspector General. | 20 | | (11) To appoint an Acting Legislative Inspector | 21 | | General in the event of a vacancy in the Office of the | 22 | | Legislative Inspector General. | 23 | | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.) | 24 | | (5 ILCS 430/25-52) | 25 | | Sec. 25-52. Release of summary reports. |
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| 1 | | (a) Within 60 days after receipt of a summary report and | 2 | | response from the ultimate jurisdictional authority or agency | 3 | | head that resulted in the subject of the investigation being | 4 | | found guilty of allegations of fraud, waste, abuse, | 5 | | mismanagement, misconduct, nonfeasance, misfeasance, | 6 | | malfeasance, or violations of this Act, or violations of other | 7 | | related laws and rules a suspension of at least 3 days or | 8 | | termination of employment, the Legislative Inspector General | 9 | | Ethics Commission shall make available to the public the | 10 | | report and response or a redacted version of the report and | 11 | | response. The Legislative Inspector General Ethics Commission | 12 | | may make available to the public any other summary report and | 13 | | response of the ultimate jurisdictional authority or agency | 14 | | head or a redacted version of the report and response without | 15 | | prior approval from the Legislative Ethics Commission. The | 16 | | Legislative Ethics Commission shall adopt no rule requiring | 17 | | the Legislative Inspector General to seek the Commission's | 18 | | advance approval before publishing summary reports authorized | 19 | | under this Article. Any existing rule, as of the effective | 20 | | date of this amendatory Act of the 102nd General Assembly, | 21 | | requiring the Legislative Inspector General to seek the | 22 | | Commission's advance approval before commencing any | 23 | | investigation is void . | 24 | | (b) The Legislative Ethics Commission shall redact | 25 | | information in the summary report that may reveal the identity | 26 | | of witnesses, complainants, or informants or if the Commission |
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| 1 | | determines it is appropriate to protect the identity of a | 2 | | person before publication. The Commission may also redact any | 3 | | information it believes should not be made public.
Prior to | 4 | | publication, the Commission shall permit the respondents, | 5 | | Legislative Inspector General, and Attorney General to review | 6 | | documents to be made public and offer suggestions for | 7 | | redaction or provide a response that shall be made public with | 8 | | the summary report. | 9 | | (c) The Legislative Ethics Commission may withhold | 10 | | publication of the report or response if the Legislative | 11 | | Inspector General or Attorney General certifies that | 12 | | publication will interfere with an ongoing investigation.
| 13 | | (Source: P.A. 96-555, eff. 8-18-09.)
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