Full Text of SB2264 100th General Assembly
SB2264 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2264 Introduced 11/7/2017, by Sen. William E. Brady SYNOPSIS AS INTRODUCED: |
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Amends the State Officials and Employees Ethics Act. Provides that at least one of the 2 commissioners to the Legislative Ethics Commission appointed each by the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives must be a member of the general public. Provides that, other than a member of the General Assembly, a person is not eligible to serve as a commissioner if that person holds a partisan elected or political party office, or is otherwise an officer or employee of a political committee or political campaign. Effective immediately.
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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 Section 25-5 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. At least one of the 2 commissioners | 13 | | appointed each by the President and Minority Leader of the | 14 | | Senate and the Speaker and Minority Leader of the House of | 15 | | Representatives must be a member of the general public.
| 16 | | The terms of the initial commissioners shall commence upon | 17 | | qualification.
Each appointing authority shall designate one | 18 | | appointee who
shall serve for a 2-year term running through
| 19 | | June 30, 2005.
Each appointing authority shall designate one | 20 | | appointee who
shall serve for a
4-year term running through | 21 | | June 30, 2007.
The initial appointments shall be made within 60 | 22 | | days
after the effective date of this Act.
| 23 | | After the initial terms, commissioners shall serve for |
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| 1 | | 4-year terms
commencing on July 1 of the year of appointment | 2 | | and running
through June 30 of the fourth following year. | 3 | | Commissioners may be
reappointed to one or more subsequent | 4 | | terms.
| 5 | | Vacancies occurring other than at the end of a term shall | 6 | | be filled
by the appointing authority only for the balance of | 7 | | the
term of the commissioner whose office is vacant.
| 8 | | Terms shall run regardless of whether the position is | 9 | | filled.
| 10 | | (c) The appointing authorities shall appoint commissioners | 11 | | who
have experience holding governmental office or employment | 12 | | and may
appoint commissioners who are members of the General | 13 | | Assembly as well as
commissioners from the general public.
A | 14 | | commissioner who is a member of the General Assembly must | 15 | | recuse himself or
herself from participating in any matter | 16 | | relating to any investigation or
proceeding in which he or she | 17 | | is the subject.
A person is not eligible to
serve as a | 18 | | commissioner if that person (i) has been convicted of a
felony | 19 | | or a crime of dishonesty or moral turpitude, (ii) is, or was
| 20 | | within the preceding 12 months, engaged in activities that
| 21 | | require registration under the Lobbyist Registration Act, | 22 | | (iii) is a
relative of the appointing authority, or (iv) is a | 23 | | State officer or employee
other than a member of the General | 24 | | Assembly , or (v) holds a partisan elected or political party | 25 | | office, or is otherwise an officer or employee of a political | 26 | | committee or political campaign, other than a member of the |
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| 1 | | General Assembly .
| 2 | | (d) The Legislative Ethics Commission shall have
| 3 | | jurisdiction over members of the General Assembly and
all State
| 4 | | employees whose ultimate jurisdictional authority is
(i) a | 5 | | legislative leader, (ii) the Senate Operations Commission, or | 6 | | (iii) the
Joint Committee on Legislative Support Services.
The | 7 | | jurisdiction of the
Commission is limited to matters arising | 8 | | under this Act.
| 9 | | An officer or executive branch State employee serving on a | 10 | | legislative branch board or commission remains subject to the | 11 | | jurisdiction of the Executive Ethics Commission and is not | 12 | | subject to the jurisdiction of the Legislative Ethics | 13 | | Commission. | 14 | | (e) The Legislative Ethics Commission must meet, either
in | 15 | | person or by other technological means, monthly or as
often as | 16 | | necessary. At the first meeting of the Legislative
Ethics | 17 | | Commission, the commissioners shall choose from their
number a | 18 | | chairperson and other officers that they deem appropriate.
The | 19 | | terms of officers shall be for 2 years commencing July 1 and
| 20 | | running through June 30 of the second following year. Meetings | 21 | | shall be held at
the call
of the chairperson or any 3 | 22 | | commissioners. Official action by the
Commission shall require | 23 | | the affirmative vote of 5 commissioners, and
a quorum shall | 24 | | consist of 5 commissioners. Commissioners shall receive
no | 25 | | compensation but
may be
reimbursed for their reasonable | 26 | | expenses actually incurred in the
performance of their duties.
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| 1 | | (f) No commissioner, other than a commissioner who is a | 2 | | member of the
General
Assembly, or employee of the Legislative
| 3 | | Ethics Commission may during his or her term of appointment or | 4 | | employment:
| 5 | | (1) become a candidate for any elective office;
| 6 | | (2) hold any other elected or appointed public office
| 7 | | except for appointments on governmental advisory boards
or | 8 | | study commissions or as otherwise expressly authorized by | 9 | | law;
| 10 | | (3) be actively involved in the affairs of any | 11 | | political party or political
organization; or
| 12 | | (4) advocate for the appointment of another person to | 13 | | an appointed or elected office or position or actively | 14 | | participate in any campaign for any
elective 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 | | (Source: P.A. 96-555, eff. 8-18-09.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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