Public Act 93-0617
SB702 Enrolled LRB093 03133 JAM 03150 b
AN ACT in relation to governmental ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the State Officials and Employees
Ethics Act is amended by changing Sections 1-5, 5-5, 5-10,
5-20, 5-45, 15-10, 15-20, 15-25, 50-5, 70-5, and 70-15 and by
adding Sections 5-50, 5-55, and 15-40 and Articles 10, 20,
25, 30, and 35 as follows:
(93 HB3412enr. Art. 1, Sec. 1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a
political organization, or the selection, nomination, or
election of Presidential or Vice-Presidential electors, but
does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative
action (as those terms are defined in Section 2 of the
Lobbyist Registration Act), (ii) relating to collective
bargaining, or (iii) that are otherwise in furtherance of the
person's official State duties.
"Candidate" means a person who has filed nominating
papers or petitions for nomination or election to an elected
State office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor
Relations Act.
"Commission" means an ethics commission created by this
Act.
"Compensated time" means any time worked by or credited
to a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned
by or awarded to a State employee to compensate in whole or
in part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is
defined in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an
employer with regard to the material details of how the work
is to be performed or (ii) any appointee.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member,
or officer.
"Governmental entity" means a unit of local government or
a school district but not a State agency.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a
member of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of
the House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means an executive branch a State
constitutional officer of the executive or a legislative
branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are
otherwise in furtherance of the person's official State
duties.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in
any political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a
public opinion poll in connection with a campaign for
elective office or on behalf of a political organization
for political purposes or for or against any referendum
question.
(5) Surveying or gathering information from
potential or actual voters in an election to determine
probable vote outcome in connection with a campaign for
elective office or on behalf of a political organization
for political purposes or for or against any referendum
question.
(6) Assisting at the polls on election day on
behalf of any political organization or candidate for
elective office or for or against any referendum
question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort
to get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf
of a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate
for elective office in that capacity or in connection
with a campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to
a political party convention.
(15) Participating in any recount or challenge to
the outcome of any election, except to the extent that
under subsection (d) of Section 6 of Article IV of the
Illinois Constitution each house of the General Assembly
shall judge the elections, returns, and qualifications of
its members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the
employee or by the member, officer, State agency, or
other employee directing the employee;
(2) does business or seeks to do business (i) with
the member or officer or (ii) in the case of an employee,
with the employee or with the member, officer, State
agency, or other employee directing the employee;
(3) conducts activities regulated (i) by the member
or officer or (ii) in the case of an employee, by the
employee or by the member, officer, State agency, or
other employee directing the employee;
(4) has interests that may be substantially
affected by the performance or non-performance of the
official duties of the member, officer, or employee; or
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because
a registered lobbyist is one of its members or serves on
its board of directors.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section
2 of the Higher Education Cooperation Act, and bodies politic
and corporate of the State; and administrative units or
corporate outgrowths of the State government which are
created by or pursuant to statute, other than units of local
government and their officers, school districts, and boards
of election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House of Representatives, the
Senate Operations Commission, and the legislative support
services agencies. "State agency" includes the Office of the
Auditor General. "State agency" does not include the judicial
branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff
or employees of the Senate and not covered under item
(1), the Senate Operations Commission.
(3) For State employees who are professional staff
or employees of the House of Representatives and not
covered under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint
Committee on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act, the board of trustees of the
appropriate public institution of higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction
of paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 5, Sec. 5-5)
Sec. 5-5. Personnel policies.
(a) Each of the following shall adopt and implement
personnel policies for all State employees under his, her, or
its jurisdiction and control: (i) each executive branch
constitutional officer, (ii) each legislative leader, (iii)
the Senate Operations Commission, with respect to legislative
employees under Section 4 of the General Assembly Operations
Act, (iv) the Speaker of the House of Representatives, with
respect to legislative employees under Section 5 of the
General Assembly Operations Act, (v) the Joint Committee on
Legislative Support Services, with respect to State employees
of the legislative support services agencies, (vi) members of
the General Assembly, with respect to legislative assistants,
as provided in Section 4 of the General Assembly Compensation
Act, (vii) the Auditor General, (viii) the Board of Higher
Education, with respect to State employees of public
institutions of higher learning except community colleges,
and (ix) the Illinois Community College Board, with respect
to State employees of community colleges. The Governor shall
adopt and implement those policies for all State employees of
the executive branch not under the jurisdiction and control
of any other executive branch constitutional officer.
(b) The policies required under subsection (a) shall be
filed with the appropriate ethics commission established
under this Act or, for the Auditor General, with the Office
of the Auditor General.
(c)(b) The policies required under subsection (a) shall
include policies relating to work time requirements,
documentation of time worked, documentation for reimbursement
for travel on official State business, compensation, and the
earning or accrual of State benefits for all State employees
who may be eligible to receive those benefits. The policies
shall comply with and be consistent with all other applicable
laws. For State employees of the legislative branch, The
policies shall require State those employees to periodically
submit time sheets documenting the time spent each day on
official State business to the nearest quarter hour;
contractual State employees of the legislative branch may
satisfy the time sheets requirement by complying with the
terms of their contract, which shall provide for a means of
compliance with this requirement. The policies for State
employees of the legislative branch shall require those time
sheets to be submitted on paper, electronically, or both and
to be maintained in either paper or electronic format by the
applicable fiscal office for a period of at least 2 years.
(d) The policies required under subsection (a) shall be
adopted by the applicable entity before February 1, 2004 and
shall apply to State employees beginning 30 days after
adoption.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 5, Sec. 5-10)
Sec. 5-10. Ethics training. Each officer, member, and
employee must complete, at least annually beginning in 2004,
an ethics training program conducted by the appropriate State
agency. Each ultimate jurisdictional authority must implement
an ethics training program for its officers, members, and
employees. These ethics training programs shall be overseen
by the appropriate Ethics Commission and Inspector General
appointed pursuant to this Act in consultation with the
Office of the Attorney General.
Each Inspector General shall set standards and determine
the hours and frequency of training necessary for each
position or category of positions. A person who fills a
vacancy in an elective or appointed position that requires
training and a person employed in a position that requires
training must complete his or her initial ethics training
within 6 months after commencement of his or her office or
employment.
Ethics training. Each officer and employee must
complete, at least annually, an ethics training program
conducted by the appropriate ethics officer appointed under
the State Gift Ban Act. Each ultimate jurisdictional
authority must implement an ethics training program for its
officers and employees. A person who fills a vacancy in an
elective or appointed position that requires training and a
person employed in a position that requires training must
complete his or her initial ethics training within 6 months
after commencement of his or her office or employment.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 5, Sec. 5-20)
Sec. 5-20. Public service announcements; other
promotional material.
(a) Beginning January 1, 2004, no public service
announcement or advertisement that is on behalf of any State
administered program and contains the proper name, image, or
voice of any executive branch constitutional officer or
member of the General Assembly shall be broadcast or aired on
radio or television or printed in a commercial newspaper or a
commercial magazine at any time.
(b) The proper name or image of any executive branch
constitutional officer or member of the General Assembly may
not appear on any (i) bumper stickers, (ii) commercial
billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
stickers, and (vi) other similar promotional items, if
designed, paid for, prepared, or distributed using public
dollars. This subsection does not apply to stocks of items
existing on the effective date of this amendatory Act of the
93rd General Assembly.
(a) Except as otherwise provided in this Section, no
public service announcement or advertisement that is on
behalf of any State administered program and that contains
the image or voice of any executive branch constitutional
officer or member of the General Assembly shall be broadcast
or aired on radio or television or printed in a newspaper at
any time on or after the date that the officer or member
files his or her nominating petitions for public office and
for any time thereafter that the officer or member remains a
candidate for any office.
(c)(b) This Section does not apply to communications
funded through expenditures required to be reported under
Article 9 of the Election Code.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 5, Sec. 5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or
spouse or immediate family member living with such person,
shall, within a period of one year immediately after
termination of State employment, knowingly accept employment
or receive compensation or fees for services from a person or
entity if the officer, member, or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in the decision to
award State contracts with a cumulative value of over $25,000
to the person or entity, or its parent or subsidiary.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately
after termination of State employment, knowingly accept
employment or receive compensation of fees for services from
a person or entity if the officer or State employee, during
the year immediately preceding termination of State
employment, made a regulatory or licensing decision that
directly applied to the person or entity, or its parent or
subsidiary.
(c) The requirements of this Section may be waived (i)
for the executive branch, in writing by the Executive Ethics
Commission, (ii) for the legislative branch, in writing by
the Legislative Ethics Commission, and (iii) for the Auditor
General, in writing by the Auditor General. During the time
period from the effective date of this amendatory Act of the
93rd General Assembly until the Executive Ethics Commission
first meets, the requirements of this Section may be waived
in writing by the appropriate ultimate jurisdictional
authority. During the time period from the effective date of
this amendatory Act of the 93rd General Assembly until the
Legislative Ethics Commission first meets, the requirements
of this Section may be waived in writing by the appropriate
ultimate jurisdictional authority. The waiver shall be
granted upon a showing that the prospective employment or
relationship did not affect the decisions referred to in
sections (a) and (b).
(d) This Section applies only to persons who terminate
an affected position on or after the effective date of this
amendatory Act of the 93rd General Assembly.
(a) No former State employee may, within a period of one
year immediately after termination of State employment,
knowingly accept employment or receive compensation or fees
for services from an employer if the employee, during the
year immediately preceding termination of State employment,
and on behalf of the State or State agency, negotiated in
whole or in part one or more contracts with that employer
aggregating $25,000 or more.
(b) The requirements of this Section may be waived by
the appropriate ultimate jurisdictional authority of the
former State employee if that ultimate jurisdictional
authority finds in writing that the State's negotiations and
decisions regarding the procurement of the contract or
contracts were not materially affected by any potential for
employment of that employee by the employer.
(c) This Section applies only to persons who terminate
an affected position on or after the effective date of this
Act.
(Source: 93HB3412enr.)
(93 HB3412enr. Sec. 5-50 new)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the
agency head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested
party or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall
immediately be reported to that agency's ethics officer by
the recipient of the communication and by any other employee
of that agency who responds to the communication. The ethics
officer shall require that the ex parte communication be
promptly made a part of the record. The ethics officer shall
promptly file the ex parte communication with the Executive
Ethics Commission, including all written communications, all
written responses to the communications, and a memorandum
prepared by the ethics officer stating the nature and
substance of all oral communications, the identity and job
title of the person to whom each communication was made, all
responses made, the identity and job title of the person
making each response, the identity of each person from whom
the written or oral ex parte communication was received, the
individual or entity represented by that person, any action
the person requested or recommended, and any other pertinent
information. The disclosure shall also contain the date of
any ex parte communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities Planning Board
Industrial Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department
of Employment Security
Department of Insurance
Department of Professional Regulation and
licensing boards under the Department
Department of Public Health and licensing boards
under the Department
Office of Banks and Real Estate
and licensing boards under the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information
part of the record, or (iii) make a filing with the Executive
Ethics Commission as required by this Section or as required
by Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(93 HB3412enr. Sec. 5-55 new)
Sec. 5-55. Prohibition on serving on boards and
commissions. Notwithstanding any other law of this State, on
and after February 1, 2004, a person, his or her spouse, and
any immediate family member living with that person is
ineligible to serve on a board, commission, authority, or
task force authorized or created by State law or by executive
order of the Governor if (i) that person is entitled to
receive more than 7 1/2% of the total distributable income
under a State contract other than an employment contract or
(ii) that person together with his or her spouse and
immediate family members living with that person are entitled
to receive more than 15% in the aggregate of the total
distributable income under a State contract other than an
employment contract; except that this restriction does not
apply to any of the following:
(1) a person, his or her spouse, or his or her
immediate family member living with that person, who is
serving in an elective public office, whether elected or
appointed to fill a vacancy; and
(2) a person, his or her spouse, or his or her
immediate family member living with that person, who is
serving on a State advisory body that makes nonbinding
recommendations to an agency of State government but does
not make binding recommendations or determinations or
take any other substantive action.
(93 HB3412enr. Art. 10 heading new)
ARTICLE 10
GIFT BAN
(93 HB3412enr. Sec. 10-10 new)
Sec. 10-10. Gift ban. Except as otherwise provided in
this Article, no officer, member, or State employee shall
intentionally solicit or accept any gift from any prohibited
source or in violation of any federal or State statute, rule,
or regulation. This ban applies to and includes the spouse of
and immediate family living with the officer, member, or
State employee. No prohibited source shall intentionally
offer or make a gift that violates this Section.
(93 HB3412enr. Sec. 10-15 new)
Sec. 10-15. Gift ban; exceptions. The restriction in
Section 10-10 does not apply to the following:
(1) Opportunities, benefits, and services that are
available on the same conditions as for the general public.
(2) Anything for which the officer, member, or State
employee pays the market value.
(3) Any (i) contribution that is lawfully made under the
Election Code or under this Act or (ii) activities associated
with a fundraising event in support of a political
organization or candidate.
(4) Educational materials and missions. This exception
may be further defined by rules adopted by the appropriate
ethics commission or by the Auditor General for the Auditor
General and employees of the Office of the Auditor General.
(5) Travel expenses for a meeting to discuss State
business. This exception may be further defined by rules
adopted by the appropriate ethics commission or by the
Auditor General for the Auditor General and employees of the
Office of the Auditor General.
(6) A gift from a relative, meaning those people related
to the individual as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, and including the
father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(7) Anything provided by an individual on the basis of a
personal friendship unless the member, officer, or employee
has reason to believe that, under the circumstances, the gift
was provided because of the official position or employment
of the member, officer, or employee and not because of the
personal friendship.
In determining whether a gift is provided on the basis of
personal friendship, the member, officer, or employee shall
consider the circumstances under which the gift was offered,
such as:
(i) the history of the relationship between the
individual giving the gift and the recipient of the gift,
including any previous exchange of gifts between those
individuals;
(ii) whether to the actual knowledge of the member,
officer, or employee the individual who gave the gift
personally paid for the gift or sought a tax deduction or
business reimbursement for the gift; and
(iii) whether to the actual knowledge of the
member, officer, or employee the individual who gave the
gift also at the same time gave the same or similar gifts
to other members, officers, or employees.
(8) Food or refreshments not exceeding $75 per person in
value on a single calendar day; provided that the food or
refreshments are (i) consumed on the premises from which they
were purchased or prepared or (ii) catered. For the purposes
of this Section, "catered" means food or refreshments that
are purchased ready to eat and delivered by any means.
(9) Food, refreshments, lodging, transportation, and
other benefits resulting from the outside business or
employment activities (or outside activities that are not
connected to the duties of the officer, member, or employee
as an office holder or employee) of the officer, member, or
employee, or the spouse of the officer, member, or employee,
if the benefits have not been offered or enhanced because of
the official position or employment of the officer, member,
or employee, and are customarily provided to others in
similar circumstances.
(10) Intra-governmental and inter-governmental gifts.
For the purpose of this Act, "intra-governmental gift" means
any gift given to a member, officer, or employee of a State
agency from another member, officer, or employee of the same
State agency; and "inter-governmental gift" means any gift
given to a member, officer, or employee of a State agency, by
a member, officer, or employee of another State agency, of a
federal agency, or of any governmental entity.
(11) Bequests, inheritances, and other transfers at
death.
(12) Any item or items from any one prohibited source
during any calendar year having a cumulative total value of
less than $100.
Each of the exceptions listed in this Section is mutually
exclusive and independent of one another.
(93 HB3412enr. Sec. 10-30 new)
Sec. 10-30. Gift ban; disposition of gifts. A member,
officer, or employee does not violate this Act if the member,
officer, or employee promptly takes reasonable action to
return the prohibited gift to its source or gives the gift or
an amount equal to its value to an appropriate charity that
is exempt from income taxation under Section 501 (c)(3) of
the Internal Revenue Code of 1986, as now or hereafter
amended, renumbered, or succeeded.
(93 HB3412enr. Sec. 10-40 new)
Sec. 10-40. Gift ban; further restrictions. A State
agency may adopt or maintain policies that are more
restrictive than those set forth in this Article and may
continue to follow any existing policies, statutes, or
regulations that are more restrictive or are in addition to
those set forth in this Article.
(93 HB3412enr. Art. 15, Sec. 15-10)
Sec. 15-10. Protected activity. An officer, a member, a
State employee, or a State agency shall not take any
retaliatory action against a State employee because the State
employee does any of the following:
(1) Discloses or threatens to disclose to a supervisor
or to a public body an activity, policy, or practice of any
officer, member, State agency, or other State employee that
the State employee reasonably believes is in violation of a
law, rule, or regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or inquiry
into any violation of a law, rule, or regulation by any
officer, member, State agency, or other State employee.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 15, Sec. 15-20)
Sec. 15-20. Burden of proof. A violation of this Article
may be established only upon a finding that (i) the State
employee engaged in conduct described in Section 15-10 and
(ii) that conduct was a contributing factor in the
retaliatory action alleged by the State employee. It is not
a violation, however, if it is demonstrated by clear and
convincing evidence that the officer, member, other State
employee, or State agency would have taken the same
unfavorable personnel action in the absence of that conduct.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 15, Sec. 15-25)
Sec. 15-25. Remedies. The State employee may be awarded
all remedies necessary to make the State employee whole and
to prevent future violations of this Article. Remedies
imposed by the court may include, but are not limited to, all
of the following:
(1) reinstatement of the employee to either the same
position held before the retaliatory action or to an
equivalent position;
(2) 2 times the amount of back pay;
(3) interest on the back pay; and
(4) the reinstatement of full fringe benefits and
seniority rights; and
(5) the payment of reasonable costs and attorneys' fees.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 15, Sec. 15-40 new)
Sec. 15-40. Posting. All officers, members, and State
agencies shall conspicuously display notices of State
employee protection under this Act.
(93 HB3412enr. Art. 20 heading new)
ARTICLE 20
EXECUTIVE ETHICS COMMISSION AND
EXECUTIVE INSPECTORS GENERAL
(93 HB3412enr. Sec. 20-5 new)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners,
and the Attorney General, Secretary of State, Comptroller,
and Treasurer shall each appoint one commissioner.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof
shall be deemed to have received the advice and consent of
the Senate. If, during a recess of the Senate, there is a
vacancy in an office of commissioner, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall
make a nomination to fill that office. No person rejected for
an office of commissioner shall, except by the Senate's
request, be nominated again for that office at the same
session of the Senate or be appointed to that office during a
recess of that Senate. No more than 5 commissioners may be of
the same political party.
The terms of the initial commissioners shall commence
upon qualification. Four initial appointees of the Governor,
as designated by the Governor, shall serve terms running
through June 30, 2007. One initial appointee of the
Governor, as designated by the Governor, and the initial
appointees of the Attorney General, Secretary of State,
Comptroller, and Treasurer shall serve terms running through
June 30, 2008. The initial appointments shall be made within
60 days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint
commissioners who have experience holding governmental office
or employment and shall appoint commissioners from the
general public. A person is not eligible to serve as a
commissioner if that person (i) has been convicted of a
felony or a crime of dishonesty or moral turpitude, (ii) is,
or was within the preceding 12 months, engaged in activities
that require registration under the Lobbyist Registration
Act, (iii) is related to the appointing authority, or (iv) is
a State officer or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State
agencies other than the General Assembly, the Senate, the
House of Representatives, the President and Minority Leader
of the Senate, the Speaker and Minority Leader of the House
of Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The jurisdiction of the Commission is
limited to matters arising under this Act.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and
as often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal
to the compensation of members of the State Board of
Elections and may be reimbursed for their reasonable expenses
actually incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
(g) An appointing authority may remove a commissioner
only for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive
Director shall be as determined by the Commission or by the
Compensation Review Board, whichever amount is higher. The
Executive Director of the Executive Ethics Commission may
employ and determine the compensation of staff, as
appropriations permit.
(93 HB3412enr. Sec. 20-10 new)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation
and solely on the basis of integrity and demonstrated
ability. Appointments shall be made by and with the advice
and consent of the Senate by three-fifths of the elected
members concurring by record vote. Any nomination not acted
upon by the Senate within 60 session days of the receipt
thereof shall be deemed to have received the advice and
consent of the Senate. If, during a recess of the Senate,
there is a vacancy in an office of Executive Inspector
General, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of Executive
Inspector General shall, except by the Senate's request, be
nominated again for that office at the same session of the
Senate or be appointed to that office during a recess of that
Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary
of State, Comptroller, and Treasurer each may appoint an
existing inspector general as the Executive Inspector General
required by this Article, provided that such an inspector
general is not prohibited by law, rule, jurisdiction,
qualification, or interest from serving as the Executive
Inspector General required by this Article. An appointing
authority may not appoint a relative as an Executive
Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A)
with a federal, State, or local law enforcement agency,
at least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of (A) through (D).
The term of each initial Executive Inspector General
shall commence upon qualification and shall run through June
30, 2008. The initial appointments shall be made within 60
days after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over the Governor, the
Lieutenant Governor, and all officers and employees of, and
vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer.
The jurisdiction of each Executive Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act or violations of other
related laws and rules.
(d) The minimum compensation for each Executive
Inspector General shall be determined by the Executive Ethics
Commission. The actual compensation for each Executive
Inspector General shall be determined by the appointing
executive branch constitutional officer and must be at or
above the minimum compensation level set by the Executive
Ethics Commission. Subject to Section 20-45 of this Act, each
Executive Inspector General has full authority to organize
his or her Office of the Executive Inspector General,
including the employment and determination of the
compensation of staff, such as deputies, assistants, and
other employees, as appropriations permit. A separate
appropriation shall be made for each Office of Executive
Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1)
may be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only
for cause and may be removed only by the appointing
constitutional officer. At the time of the removal, the
appointing constitutional officer must report to the
Executive Ethics Commission the justification for the
removal.
(93 HB3412enr. Sec. 20-15 new)
Sec. 20-15. Duties of the Executive Ethics Commission. In
addition to duties otherwise assigned by law, the Executive
Ethics Commission shall have the following duties:
(1) To promulgate rules governing the performance of its
duties and the exercise of its powers and governing the
investigations of the Executive Inspectors General. It is
declared to be in the public interest, safety, and welfare
that the Commission adopt emergency rules under the Illinois
Administrative Procedure Act to initially perform its duties
under this subsection.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by an Executive Inspector General and not
upon its own prerogative, but may appoint special Executive
Inspectors General as provided in Section 20-21. Any other
allegations of misconduct received by the Commission from a
person other than an Executive Inspector General shall be
referred to the Office of the appropriate Executive Inspector
General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to facilitate
compliance, implementation, and enforcement of this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the implementation
and interpretation of this Act. The powers and duties of the
Commission are limited to matters clearly within the purview
of this Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and the
production of documents and other items for inspection and
copying.
(8) To appoint special Executive Inspectors General as
provided in Section 20-21.
(93 HB3412enr. Sec. 20-20 new)
Sec. 20-20. Duties of the Executive Inspectors General.
In addition to duties otherwise assigned by law, each
Executive Inspector General shall have the following duties:
(1) To receive and investigate allegations of violations
of this Act. The Executive Inspector General may receive
information through the Office of any Executive Inspector
General or through an ethics commission. An investigation may
be conducted only in response to information reported to the
Executive Inspector General as provided in this Section and
not upon his or her own prerogative. Allegations may not be
made anonymously. An investigation may not be initiated more
than one year after the most recent act of the alleged
violation or of a series of alleged violations except where
there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent
concealment sufficient to toll this limitations period, there
must be an affirmative act or representation calculated to
prevent discovery of the fact that a violation has occurred.
The Executive Inspector General shall have the discretion to
determine the appropriate means of investigation as permitted
by law.
(2) To request information relating to an investigation
from any person when the Executive Inspector General deems
that information necessary in conducting an investigation.
(3) To issue subpoenas to compel the attendance of
witnesses for the purposes of testimony and production of
documents and other items for inspection and copying and to
make service of those subpoenas and subpoenas issued under
item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive
Inspector General with the Executive Ethics Commission,
through the Attorney General, as provided in this Article if
the Attorney General finds that reasonable cause exists to
believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Executive Inspector General deems
appropriate, from ethics officers of State agencies under his
or her jurisdiction, reports or information on (i) the
content of a State agency's ethics training program and (ii)
the percentage of new officers and employees who have
completed ethics training.
(93 HB3412enr. Sec. 20-21 new)
Sec. 20-21. Special Executive Inspectors General.
(a) The Executive Ethics Commission, on its own
initiative and by majority vote, may appoint special
Executive Inspectors General (i) to investigate alleged
violations of this Act if an investigation by the Inspector
General was not concluded within 6 months after its
initiation, where the Commission finds that the Inspector
General's reasons under Section 20-65 for failing to complete
the investigation are insufficient and (ii) to accept
referrals from the Commission of allegations made pursuant to
this Act concerning an Executive Inspector General or
employee of an Office of an Executive Inspector General and
to investigate those allegations.
(b) A special Executive Inspector General must have the
same qualifications as an Executive Inspector General
appointed under Section 20-10.
(c) The Commission's appointment of a special Executive
Inspector General must be in writing and must specify the
duration and purpose of the appointment.
(d) A special Executive Inspector General shall have the
same powers and duties with respect to the purpose of his or
her appointment as an Executive Inspector General appointed
under Section 20-10.
(e) A special Executive Inspector General shall report
the findings of his or her investigation to the Commission.
(f) The Commission may report the findings of a special
Executive Inspector General and its recommendations, if any,
to the appointing authority of the appropriate Executive
Inspector General.
(93 HB3412enr. Sec. 20-23 new)
Sec. 20-23. Ethics Officers. Each officer and the head
of each State agency under the jurisdiction of the Executive
Ethics Commission shall designate an Ethics Officer for the
office or State agency. Ethics Officers shall:
(1) act as liaisons between the State agency and
the appropriate Executive Inspector General and between
the State agency and the Executive Ethics Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the
Secretary of State; and
(3) provide guidance to officers and employees in
the interpretation and implementation of this Act, which
the officer or employee may in good faith rely upon. Such
guidance shall be based, wherever possible, upon legal
precedent in court decisions, opinions of the Attorney
General, and the findings and opinions of the Executive
Ethics Commission.
(93 HB3412enr. Sec. 20-35 new)
Sec. 20-35. Administrative subpoena; compliance. A person
duly subpoenaed for testimony, documents, or other items who
neglects or refuses to testify or produce documents or other
items under the requirements of the subpoena shall be subject
to punishment as may be determined by a court of competent
jurisdiction. Nothing in this Section limits or alters a
person's existing rights or protections under State or
federal law.
(93 HB3412enr. Sec. 20-40 new)
Sec. 20-40. Collective bargaining agreements. Any
investigation or inquiry by an Executive Inspector General or
any agent or representative of an Executive Inspector General
must be conducted with awareness of the provisions of a
collective bargaining agreement that applies to the employees
of the relevant State agency and with an awareness of the
rights of the employees as set forth by State and federal law
and applicable judicial decisions. Any recommendation for
discipline or any action taken against any State employee
pursuant to this Act must comply with the provisions of the
collective bargaining agreement that applies to the State
employee.
(93 HB3412enr. Sec. 20-45 new)
Sec. 20-45. Standing; representation.
(a) Only an Executive Inspector General may bring
actions before the Executive Ethics Commission.
(b) The Attorney General shall represent an Executive
Inspector General in all proceedings before the Commission.
Whenever the Attorney General is sick or absent, or unable to
attend, or is interested in any matter or proceeding under
this Act, upon the filing of a petition under seal by any
person with standing, the Supreme Court (or any other court
of competent jurisdiction as designated and determined by
rule of the Supreme Court) may appoint some competent
attorney to prosecute or defend that matter or proceeding,
and the attorney so appointed shall have the same power and
authority in relation to that matter or proceeding as the
Attorney General would have had if present and attending to
the same.
(c) Attorneys representing an Inspector General in
proceedings before the Executive Ethics Commission, except an
attorney appointed under subsection (b), shall be appointed
or retained by the Attorney General, shall be under the
supervision, direction, and control of the Attorney General,
and shall serve at the pleasure of the Attorney General. The
compensation of any attorneys appointed or retained in
accordance with this subsection or subsection (b) shall be
paid by the appropriate Office of the Executive Inspector
General.
(93 HB3412enr. Sec. 20-50 new)
Sec. 20-50. Investigation reports; complaint procedure.
(a) If an Executive Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that a violation has occurred, then
the Executive Inspector General shall issue a summary report
of the investigation. The report shall be delivered to the
appropriate ultimate jurisdictional authority and to the head
of each State agency affected by or involved in the
investigation, if appropriate.
(b) The summary report of the investigation shall
include the following:
(1) A description of any allegations or other
information received by the Executive Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct
discovered in the course of the investigation.
(3) Recommendations for any corrective or
disciplinary action to be taken in response to any
alleged misconduct described in the report, including but
not limited to discharge.
(4) Other information the Executive Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Not less than 30 days after delivery of the summary
report of an investigation under subsection (a), if the
Executive Inspector General desires to file a petition for
leave to file a complaint, the Executive Inspector General
shall notify the Commission and the Attorney General. If the
Attorney General determines that reasonable cause exists to
believe that a violation has occurred, then the Executive
Inspector General, represented by the Attorney General, may
file with the Executive Ethics Commission a petition for
leave to file a complaint. The petition shall set forth the
alleged violation and the grounds that exist to support the
petition. The petition for leave to file a complaint must be
filed with the Commission within 18 months after the most
recent act of the alleged violation or of a series of alleged
violations except where there is reasonable cause to believe
that fraudulent concealment has occurred. To constitute
fraudulent concealment sufficient to toll this limitations
period, there must be an affirmative act or representation
calculated to prevent discovery of the fact that a violation
has occurred. If a petition for leave to file a complaint is
not filed with the Commission within 6 months after notice by
the Inspector General to the Commission and the Attorney
General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(d) A copy of the petition must be served on all
respondents named in the complaint and on each respondent's
ultimate jurisdictional authority in the same manner as
process is served under the Code of Civil Procedure.
(e) A respondent may file objections to the petition for
leave to file a complaint within 30 days after notice of the
petition has been served on the respondent.
(f) The Commission shall meet, either in person or by
telephone, in a closed session to review the sufficiency of
the complaint. If the Commission finds that complaint is
sufficient, the Commission shall grant the petition for leave
to file the complaint. The Commission shall issue notice to
the Executive Inspector General and all respondents of the
Commission's ruling on the sufficiency of the complaint. If
the complaint is deemed to sufficiently allege a violation of
this Act, then the Commission shall notify the parties and
shall include a hearing date scheduled within 4 weeks after
the date of the notice, unless all of the parties consent to
a later date. If the complaint is deemed not to sufficiently
allege a violation, then the Commission shall send by
certified mail, return receipt requested, a notice to the
parties of the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent,
by telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Executive Ethics Commission, the Commission shall (i) dismiss
the complaint or (ii) issue a recommendation of discipline to
the respondent and the respondent's ultimate jurisdictional
authority or impose an administrative fine upon the
respondent, or both.
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated
by the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the
standard of proof is by a preponderance of the evidence.
(l) When the Inspector General concludes that there is
insufficient evidence that a violation has occurred, the
Inspector General shall close the investigation. At the
request of the subject of the investigation, the Inspector
General shall provide a written statement to the subject of
the investigation and to the Commission of the Inspector
General's decision to close the investigation. Closure by the
Inspector General does not bar the Inspector General from
resuming the investigation if circumstances warrant.
(93 HB3412enr. Sec. 20-55 new)
Sec. 20-55. Decisions; recommendations.
(a) All decisions of the Executive Ethics Commission
must include a description of the alleged misconduct, the
decision of the Commission, including any fines levied and
any recommendation of discipline, and the reasoning for that
decision. All decisions of the Commission shall be delivered
to the head of the appropriate State agency, the appropriate
ultimate jurisdictional authority, and the appropriate
Executive Inspector General. The Executive Ethics Commission
shall promulgate rules for the decision and recommendation
process.
(b) If the Executive Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Executive Ethics
Commission. This response must include any disciplinary
action the agency head or ultimate jurisdictional authority
has taken with respect to the officer or employee in
question. If the agency head or ultimate jurisdictional
authority did not take any disciplinary action, or took a
different disciplinary action than that recommended by the
Executive Ethics Commission, the agency head or ultimate
jurisdictional authority must describe the different action
and explain the reasons for the different action in the
written response. This response must be served upon the
Executive Ethics Commission and the appropriate Executive
Inspector General within the 30-day period and is not exempt
from the provisions of the Freedom of Information Act.
(93 HB3412enr. Sec. 20-60 new)
Sec. 20-60. Appeals. A decision of the Executive Ethics
Commission to impose a fine is subject to judicial review
under the Administrative Review Law. All other decisions by
the Executive Ethics Commission are final and not subject to
review either administratively or judicially.
(93 HB3412enr. Sec. 20-65 new)
Sec. 20-65. Investigations not concluded within 6 months.
If any investigation is not concluded within 6 months after
its initiation, the appropriate Executive Inspector General
shall notify the Executive Ethics Commission and appropriate
ultimate jurisdictional authority of the general nature of
the allegation or information giving rise to the
investigation and the reasons for failure to complete the
investigation within 6 months.
(93 HB3412enr. Sec. 20-70 new)
Sec. 20-70. Cooperation in investigations. It is the duty
of every officer and employee under the jurisdiction of an
Executive Inspector General, including any inspector general
serving in any State agency under the jurisdiction of that
Executive Inspector General, to cooperate with the Executive
Inspector General in any investigation undertaken pursuant to
this Act. Failure to cooperate with an investigation of the
Executive Inspector General is grounds for disciplinary
action, including dismissal. Nothing in this Section limits
or alters a person's existing rights or protections under
State or federal law.
(93 HB3412enr. Sec. 20-80 new)
Sec. 20-80. Referrals of investigations. If an Executive
Inspector General determines that any alleged misconduct
involves any person not subject to the jurisdiction of the
Executive Ethics Commission, that Executive Inspector General
shall refer the reported allegations to the appropriate
Inspector General, appropriate ethics commission, or other
appropriate body. If an Executive Inspector General
determines that any alleged misconduct may give rise to
criminal penalties, the Executive Inspector General may refer
the allegations regarding that misconduct to the appropriate
law enforcement authority.
(93 HB3412enr. Sec. 20-85 new)
Sec. 20-85. Quarterly reports by Executive Inspector
General. Each Executive Inspector General shall submit
quarterly reports to the appropriate executive branch
constitutional officer and the Executive Ethics Commission,
on dates determined by the Executive Ethics Commission,
indicating:
(1) the number of allegations received since the
date of the last report;
(2) the number of investigations initiated since
the date of the last report;
(3) the number of investigations concluded since
the date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of complaints forwarded to the
Attorney General since the date of the last report; and
(6) the number of actions filed with the Executive
Ethics Commission since the date of the last report and
the number of actions pending before the Executive Ethics
Commission as of the reporting date.
(93 HB3412enr. Sec. 20-86 new)
Sec. 20-86. Quarterly reports by the Attorney General.
The Attorney General shall submit quarterly reports to the
Executive Ethics Commission, on dates determined by the
Executive Ethics Commission, indicating:
(1) the number of complaints received from each of
the Executive Inspectors General since the date of the
last report;
(2) the number of complaints for which the Attorney
General has determined reasonable cause exists to believe
that a violation has occurred since the date of the last
report; and
(3) the number of complaints still under review by
the Attorney General.
(93 HB3412enr. Sec. 20-90 new)
Sec. 20-90. Confidentiality.
(a) The identity of any individual providing information
or reporting any possible or alleged misconduct to an
Executive Inspector General or the Executive Ethics
Commission shall be kept confidential and may not be
disclosed without the consent of that individual, unless the
individual consents to disclosure of his or her name or
disclosure of the individual's identity is otherwise required
by law. The confidentiality granted by this subsection does
not preclude the disclosure of the identity of a person in
any capacity other than as the source of an allegation.
(b) Subject to the provisions of Section 20-50(c),
commissioners, employees, and agents of the Executive Ethics
Commission, the Executive Inspectors General, and employees
and agents of each Office of an Executive Inspector General
shall keep confidential and shall not disclose information
exempted from disclosure under the Freedom of Information Act
or by this Act.
(93 HB3412enr. Sec. 20-95 new)
Sec. 20-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of
the Freedom of Information Act.
(b) Any allegations and related documents submitted to
an Executive Inspector General and any pleadings and related
documents brought before the Executive Ethics Commission are
exempt from the provisions of the Freedom of Information Act
so long as the Executive Ethics Commission does not make a
finding of a violation of this Act. If the Executive Ethics
Commission finds that a violation has occurred, the entire
record of proceedings before the Commission, the decision and
recommendation, and the mandatory report from the agency head
or ultimate jurisdictional authority to the Executive Ethics
Commission are not exempt from the provisions of the Freedom
of Information Act but information contained therein that is
otherwise exempt from the Freedom of Information Act must be
redacted before disclosure as provided in Section 8 of the
Freedom of Information Act.
(c) Meetings of the Commission under Sections 20-5 and
20-15 of this Act are exempt from the provisions of the Open
Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of an Executive
Inspector General, other than quarterly reports, are
confidential, are exempt from disclosure under the Freedom of
Information Act, and shall not be divulged to any person or
agency, except as necessary (i) to the appropriate law
enforcement authority if the matter is referred pursuant to
this Act, (ii) to the ultimate jurisdictional authority,
(iii) to the Executive Ethics Commission; or (iv) to another
Inspector General appointed pursuant to this Act.
(93 HB3412enr. Art. 25 heading new)
ARTICLE 25
LEGISLATIVE ETHICS COMMISSION AND
LEGISLATIVE INSPECTOR GENERAL
(93 HB3412enr. Sec. 25-5 new)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of
the House of Representatives.
The terms of the initial commissioners shall commence
upon qualification. Each appointing authority shall designate
one appointee who shall serve for a 2-year term running
through June 30, 2005. Each appointing authority shall
designate one appointee who shall serve for a 4-year term
running through June 30, 2007. The initial appointments shall
be made within 60 days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint
commissioners who have experience holding governmental office
or employment and may appoint commissioners who are members
of the General Assembly as well as commissioners from the
general public. A commissioner who is a member of the General
Assembly must recuse himself or herself from participating in
any matter relating to any investigation or proceeding in
which he or she is the subject. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in
activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, or (iv) is a State officer or employee other than
a member of the General Assembly.
(d) The Legislative Ethics Commission shall have
jurisdiction over members of the General Assembly and all
State employees whose ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative
Support Services. The jurisdiction of the Commission is
limited to matters arising under this Act.
(e) The Legislative Ethics Commission must meet, either
in person or by other technological means, monthly or as
often as necessary. At the first meeting of the Legislative
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive no compensation but may be
reimbursed for their reasonable expenses actually incurred in
the performance of their duties.
(f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the
Legislative Ethics Commission may during his or her term of
appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
(g) An appointing authority may remove a commissioner
only for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director. The compensation of the Executive
Director shall be as determined by the Commission or by the
Compensation Review Board, whichever amount is higher. The
Executive Director of the Legislative Ethics Commission may
employ and determine the compensation of staff, as
appropriations permit.
(93 HB3412enr. Sec. 25-10 new)
Sec. 25-10. Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector
General is created. The Office shall be under the direction
and supervision of the Legislative Inspector General and
shall be a fully independent office with its own
appropriation.
(b) The Legislative Inspector General shall be appointed
without regard to political affiliation and solely on the
basis of integrity and demonstrated ability. The Legislative
Ethics Commission shall diligently search out qualified
candidates for Legislative Inspector General and shall make
recommendations to the General Assembly.
The Legislative Inspector General shall be appointed by a
joint resolution of the Senate and the House of
Representatives, which may specify the date on which the
appointment takes effect. A joint resolution, or other
document as may be specified by the Joint Rules of the
General Assembly, appointing the Legislative Inspector
General must be certified by the Speaker of the House of
Representatives and the President of the Senate as having
been adopted by the affirmative vote of three-fifths of the
members elected to each house, respectively, and be filed
with the Secretary of State. The appointment of the
Legislative Inspector General takes effect on the day the
appointment is completed by the General Assembly, unless the
appointment specifies a later date on which it is to become
effective.
The Legislative Inspector General shall have the
following qualifications:
(1) has not been convicted of any felony under the
laws of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A)
with a federal, State, or local law enforcement agency,
at least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of (A) through (D).
The Legislative Inspector General may not be a relative
of a commissioner.
The term of the initial Legislative Inspector General
shall commence upon qualification and shall run through June
30, 2008.
After the initial term, the Legislative Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Legislative Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled in the same manner as an appointment only for the
balance of the term of the Legislative Inspector General
whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Legislative Inspector General shall have
jurisdiction over the members of the General Assembly and all
State employees whose ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative
Support Services.
The jurisdiction of each Legislative Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act or violations of other
related laws and rules.
(d) The compensation of the Legislative Inspector
General shall be the greater of an amount (i) determined by
the Commission or (ii) by joint resolution of the General
Assembly passed by a majority of members elected in each
chamber. Subject to Section 25-45 of this Act, the
Legislative Inspector General has full authority to organize
the Office of the Legislative Inspector General, including
the employment and determination of the compensation of
staff, such as deputies, assistants, and other employees, as
appropriations permit.
(e) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, during his
or her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Legislative Inspector General or employee of
the Office of the Legislative Inspector General may, for one
year after the termination of his or her appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1)
may be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector
General only for cause. At the time of the removal, the
Commission must report to the General Assembly the
justification for the removal.
(93 HB3412enr. Sec. 25-15 new)
Sec. 25-15. Duties of the Legislative Ethics Commission.
In addition to duties otherwise assigned by law, the
Legislative Ethics Commission shall have the following
duties:
(1) To promulgate rules governing the performance of its
duties and the exercise of its powers and governing the
investigations of the Legislative Inspector General.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by the Legislative Inspector General and
not upon its own prerogative, but may appoint special
Legislative Inspectors General as provided in Section 25-21.
Any other allegations of misconduct received by the
Commission from a person other than the Legislative Inspector
General shall be referred to the Office of the Legislative
Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to facilitate
compliance, implementation, and enforcement of this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the implementation
and interpretation of this Act. The powers and duties of the
Commission are limited to matters clearly within the purview
of this Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and the
production of documents and other items for inspection and
copying.
(8) To appoint special Legislative Inspectors General as
provided in Section 25-21.
(93 HB3412enr. Sec. 25-20 new)
Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following
duties:
(1) To receive and investigate allegations of violations
of this Act. The Legislative Inspector General may receive
information through the Office of the Legislative Inspector
General or through an ethics commission. An investigation may
be conducted only in response to information reported to the
Legislative Inspector General as provided in this Section and
not upon his or her own prerogative. Allegations may not be
made anonymously. An investigation may not be initiated more
than one year after the most recent act of the alleged
violation or of a series of alleged violations except where
there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent
concealment sufficient to toll this limitations period, there
must be an affirmative act or representation calculated to
prevent discovery of the fact that a violation has occurred.
The Legislative Inspector General shall have the discretion
to determine the appropriate means of investigation as
permitted by law.
(2) To request information relating to an investigation
from any person when the Legislative Inspector General deems
that information necessary in conducting an investigation.
(3) To issue subpoenas, with the advance approval of the
Commission, to compel the attendance of witnesses for the
purposes of testimony and production of documents and other
items for inspection and copying and to make service of those
subpoenas and subpoenas issued under item (7) of Section
25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative Ethics Commission,
through the Attorney General, as provided in this Article if
the Attorney General finds that reasonable cause exists to
believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Legislative
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Legislative Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on (i)
the content of a State agency's ethics training program and
(ii) the percentage of new officers and employees who have
completed ethics training.
(93 HB3412enr. Sec. 25-21 new)
Sec. 25-21. Special Legislative Inspectors General.
(a) The Legislative Ethics Commission, on its own
initiative and by majority vote, may appoint special
Legislative Inspectors General (i) to investigate alleged
violations of this Act, if an investigation by the Inspector
General was not concluded within 6 months after its
initiation, where the Commission finds that the Inspector
General's reasons under Section 25-65 for failing to complete
the investigation are insufficient and (ii) to accept
referrals from the Commission of allegations made pursuant to
this Act concerning the Legislative Inspector General or an
employee of the Office of the Legislative Inspector General
and to investigate those allegations.
(b) A special Legislative Inspector General must have
the same qualifications as the Legislative Inspector General
appointed under Section 25-10.
(c) The Commission's appointment of a special
Legislative Inspector General must be in writing and must
specify the duration and purpose of the appointment.
(d) A special Legislative Inspector General shall have
the same powers and duties with respect to the purpose of his
or her appointment as the Legislative Inspector General
appointed under Section 25-10.
(e) A special Legislative Inspector General shall report
the findings of his or her investigation to the Commission.
(f) The Commission may report the findings of a special
Legislative Inspector General and its recommendations, if
any, to the General Assembly.
(93 HB3412enr. Sec. 25-23 new)
Sec. 25-23. Ethics Officers. The President and Minority
Leader of the Senate and the Speaker and Minority Leader of
the House of Representatives shall each appoint an ethics
officer for the members and employees of his or her
legislative caucus. No later than January 1, 2004, the head
of each State agency under the jurisdiction of the
Legislative Ethics Commission, other than the General
Assembly, shall designate an ethics officer for the State
agency. Ethics Officers shall:
(1) act as liaisons between the State agency and
the Legislative Inspector General and between the State
agency and the Legislative Ethics Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the
Secretary of State; and
(3) provide guidance to officers and employees in
the interpretation and implementation of this Act, which
the officer or employee may in good faith rely upon. Such
guidance shall be based, wherever possible, upon legal
precedent in court decisions, opinions of the Attorney
General, and the findings and opinions of the Legislative
Ethics Commission.
(93 HB3412enr. Sec. 25-35 new)
Sec. 25-35. Administrative subpoena; compliance. A person
duly subpoenaed for testimony, documents, or other items who
neglects or refuses to testify or produce documents or other
items under the requirements of the subpoena shall be subject
to punishment as may be determined by a court of competent
jurisdiction. Nothing in this Section limits or alters a
person's existing rights or protections under State or
federal law.
(93 HB3412enr. Sec. 25-45 new)
Sec. 25-45. Standing; representation.
(a) Only the Legislative Inspector General may bring
actions before the Legislative Ethics Commission.
(b) The Attorney General shall represent the Legislative
Inspector General in all proceedings before the Commission.
Whenever the Attorney General is sick or absent, or unable to
attend, or is interested in any matter or proceeding under
this Act, upon the filing of a petition under seal by any
person with standing, the Supreme Court (or any other court
of competent jurisdiction as designated and determined by
rule of the Supreme Court) may appoint some competent
attorney to prosecute or defend that matter or proceeding,
and the attorney so appointed shall have the same power and
authority in relation to that matter or proceeding as the
Attorney General would have had if present and attending to
the same.
(c) Attorneys representing an Inspector General in
proceedings before the Legislative Ethics Commission, except
an attorney appointed under subsection (b), shall be
appointed or retained by the Attorney General, shall be under
the supervision, direction, and control of the Attorney
General, and shall serve at the pleasure of the Attorney
General. The compensation of any attorneys appointed or
retained in accordance with this subsection or subsection (b)
shall be paid by the Office of the Legislative Inspector
General.
(93 HB3412enr. Sec. 25-50 new)
Sec. 25-50. Investigation reports; complaint procedure.
(a) If the Legislative Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that a violation has occurred, then
the Legislative Inspector General shall issue a summary
report of the investigation. The report shall be delivered to
the appropriate ultimate jurisdictional authority and to the
head of each State agency affected by or involved in the
investigation, if appropriate.
(b) The summary report of the investigation shall
include the following:
(1) A description of any allegations or other
information received by the Legislative Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct
discovered in the course of the investigation.
(3) Recommendations for any corrective or
disciplinary action to be taken in response to any
alleged misconduct described in the report, including but
not limited to discharge.
(4) Other information the Legislative Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Not less than 30 days after delivery of the summary
report of an investigation under subsection (a), if the
Legislative Inspector General desires to file a petition for
leave to file a complaint, the Legislative Inspector General
shall notify the Commission and the Attorney General. If the
Attorney General determines that reasonable cause exists to
believe that a violation has occurred, then the Legislative
Inspector General, represented by the Attorney General, may
file with the Legislative Ethics Commission a petition for
leave to file a complaint. The petition shall set forth the
alleged violation and the grounds that exist to support the
petition. The petition for leave to file a complaint must be
filed with the Commission within 18 months after the most
recent act of the alleged violation or of a series of alleged
violations except where there is reasonable cause to believe
that fraudulent concealment has occurred. To constitute
fraudulent concealment sufficient to toll this limitations
period, there must be an affirmative act or representation
calculated to prevent discovery of the fact that a violation
has occurred. If a petition for leave to file a complaint is
not filed with the Commission within 6 months after notice by
the Inspector General to the Commission and the Attorney
General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(d) A copy of the petition must be served on all
respondents named in the complaint and on each respondent's
ultimate jurisdictional authority in the same manner as
process is served under the Code of Civil Procedure.
(e) A respondent may file objections to the petition for
leave to file a complaint within 30 days after notice of the
petition has been served on the respondent.
(f) The Commission shall meet, either in person or by
telephone, in a closed session to review the sufficiency of
the complaint. If the Commission finds that complaint is
sufficient, the Commission shall grant the petition for leave
to file the complaint. The Commission shall issue notice to
the Legislative Inspector General and all respondents of the
Commission's ruling on the sufficiency of the complaint. If
the complaint is deemed to sufficiently allege a violation of
this Act, then the Commission shall notify the parties and
shall include a hearing date scheduled within 4 weeks after
the date of the notice, unless all of the parties consent to
a later date. If the complaint is deemed not to sufficiently
allege a violation, then the Commission shall send by
certified mail, return receipt requested, a notice to the
parties of the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent,
by telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Legislative Ethics Commission, the Commission shall (i)
dismiss the complaint or (ii) issue a recommendation of
discipline to the respondent and the respondent's ultimate
jurisdictional authority or impose an administrative fine
upon the respondent, or both.
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated
by the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the
standard of proof is by a preponderance of the evidence.
(l) When the Inspector General concludes that there is
insufficient evidence that a violation has occurred, the
Inspector General shall close the investigation. At the
request of the subject of the investigation, the Inspector
General shall provide a written statement to the subject of
the investigation and to the Commission of the Inspector
General's decision to close the investigation. Closure by the
Inspector General does not bar the Inspector General from
resuming the investigation if circumstances warrant.
(93 HB3412enr. Sec. 25-55 new)
Sec. 25-55. Decisions; recommendations.
(a) All decisions of the Legislative Ethics Commission
must include a description of the alleged misconduct, the
decision of the Commission, including any fines levied and
any recommendation of discipline, and the reasoning for that
decision. All decisions of the Commission shall be delivered
to the head of the appropriate State agency, the appropriate
ultimate jurisdictional authority, and the Legislative
Inspector General. The Legislative Ethics Commission shall
promulgate rules for the decision and recommendation process.
(b) If the Legislative Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Legislative Ethics
Commission. This response must include any disciplinary
action the agency head or ultimate jurisdictional authority
has taken with respect to the officer or employee in
question. If the agency head or ultimate jurisdictional
authority did not take any disciplinary action, or took a
different disciplinary action than that recommended by the
Legislative Ethics Commission, the agency head or ultimate
jurisdictional authority must describe the different action
and explain the reasons for the different action in the
written response. This response must be served upon the
Legislative Ethics Commission and the Legislative Inspector
General within the 30-day period and is not exempt from the
provisions of the Freedom of Information Act.
(93 HB3412enr. Sec. 25-60 new)
Sec. 25-60. Appeals. A decision of the Legislative Ethics
Commission to impose a fine is subject to judicial review
under the Administrative Review Law. All other decisions by
the Legislative Ethics Commission are final and not subject
to review either administratively or judicially.
(93 HB3412enr. Sec. 25-65 new)
Sec. 25-65. Investigations not concluded within 6 months.
If any investigation is not concluded within 6 months after
its initiation, the Legislative Inspector General shall
notify the Legislative Ethics Commission and appropriate
ultimate jurisdictional authority of the general nature of
the allegation or information giving rise to the
investigation and the reasons for failure to complete the
investigation within 6 months.
(93 HB3412enr. Sec. 25-70 new)
Sec. 25-70. Cooperation in investigations. It is the duty
of every officer and employee under the jurisdiction of the
Legislative Inspector General, including any inspector
general serving in any State agency under the jurisdiction of
the Legislative Inspector General, to cooperate with the
Legislative Inspector General in any investigation undertaken
pursuant to this Act. Failure to cooperate with an
investigation of the Legislative Inspector General is grounds
for disciplinary action, including dismissal. Nothing in this
Section limits or alters a person's existing rights or
privileges under State or federal law.
(93 HB3412enr. Sec. 25-80 new)
Sec. 25-80. Referrals of investigations. If the
Legislative Inspector General determines that any alleged
misconduct involves any person not subject to the
jurisdiction of the Legislative Ethics Commission, the
Legislative Inspector General shall refer the reported
allegations to the appropriate ethics commission or other
appropriate body. If the Legislative Inspector General
determines that any alleged misconduct may give rise to
criminal penalties, the Legislative Inspector General may
refer the allegations regarding that misconduct to the
appropriate law enforcement authority.
(93 HB3412enr. Sec. 25-85 new)
Sec. 25-85. Quarterly reports by the Legislative
Inspector General. The Legislative Inspector General shall
submit quarterly reports to the General Assembly and the
Legislative Ethics Commission, on dates determined by the
Legislative Ethics Commission, indicating:
(1) the number of allegations received since the
date of the last report;
(2) the number of investigations initiated since
the date of the last report;
(3) the number of investigations concluded since
the date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of complaints forwarded to the
Attorney General since the date of the last report; and
(6) the number of actions filed with the
Legislative Ethics Commission since the date of the last
report and the number of actions pending before the
Legislative Ethics Commission as of the reporting date.
(93 HB3412enr. Sec. 25-86 new)
Sec. 25-86. Quarterly reports by the Attorney General.
The Attorney General shall submit quarterly reports to the
Legislative Ethics Commission, on dates determined by the
Legislative Ethics Commission, indicating:
(1) the number of complaints received from the
Legislative Inspector General since the date of the last
report;
(2) the number of complaints for which the Attorney
General has determined reasonable cause exists to believe
that a violation has occurred since the date of the last
report; and
(3) the number of complaints still under review by
the Attorney General.
(93 HB3412enr. Sec. 25-90 new)
Sec. 25-90. Confidentiality.
(a) The identity of any individual providing information
or reporting any possible or alleged misconduct to the
Legislative Inspector General or the Legislative Ethics
Commission shall be kept confidential and may not be
disclosed without the consent of that individual, unless the
individual consents to disclosure of his or her name or
disclosure of the individual's identity is otherwise required
by law. The confidentiality granted by this subsection does
not preclude the disclosure of the identity of a person in
any capacity other than as the source of an allegation.
(b) Subject to the provisions of Section 25-50(c),
commissioners, employees, and agents of the Legislative
Ethics Commission, the Legislative Inspector General, and
employees and agents of the Office of the Legislative
Inspector General shall keep confidential and shall not
disclose information exempted from disclosure under the
Freedom of Information Act or by this Act.
(93 HB3412enr. Sec. 25-95 new)
Sec. 25-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of
the Freedom of Information Act.
(b) Any allegations and related documents submitted to
the Legislative Inspector General and any pleadings and
related documents brought before the Legislative Ethics
Commission are exempt from the provisions of the Freedom of
Information Act so long as the Legislative Ethics Commission
does not make a finding of a violation of this Act. If the
Legislative Ethics Commission finds that a violation has
occurred, the entire record of proceedings before the
Commission, the decision and recommendation, and the
mandatory report from the agency head or ultimate
jurisdictional authority to the Legislative Ethics Commission
are not exempt from the provisions of the Freedom of
Information Act but information contained therein that is
exempt from the Freedom of Information Act must be redacted
before disclosure as provided in Section 8 of the Freedom of
Information Act.
(c) Meetings of the Commission under Sections 25-5 and
25-15 of this Act are exempt from the provisions of the Open
Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of the
Legislative Inspector General, other than quarterly reports,
are confidential, are exempt from disclosure under the
Freedom of Information Act, and shall not be divulged to any
person or agency, except as necessary (i) to the appropriate
law enforcement authority if the matter is referred pursuant
to this Act, (ii) to the ultimate jurisdictional authority,
or (iii) to the Legislative Ethics Commission.
(93 HB3412enr. Art. 30 heading new)
ARTICLE 30
AUDITOR GENERAL
(93 HB3412enr. Sec. 30-5 new)
Sec. 30-5. Appointment of Inspector General.
(a) The Auditor General shall appoint an Inspector
General (i) to investigate allegations of violations of
Articles 5 and 10 by State officers and employees under his
or her jurisdiction and (ii) to perform other duties and
exercise other powers assigned to the Inspectors General by
this or any other Act. The Inspector General shall be
appointed within 6 months after the effective date of this
Act.
(b) The Auditor General shall provide by rule for the
operation of his or her Inspector General. It is declared to
be in the public interest, safety, and welfare that the
Auditor General adopt emergency rules under the Illinois
Administrative Procedure Act to initially perform his or her
duties under this subsection.
(c) The Auditor General may appoint an existing
inspector general as the Inspector General required by this
Article, provided that such an inspector general is not
prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Inspector General required by
this Article.
The Auditor General may not appoint a relative as the
Inspector General required by this Article.
(93 HB3412enr. Sec. 30-10 new)
Sec. 30-10. Ethics Officer. The Auditor General shall
designate an Ethics Officer for the office of the Auditor
General. The ethics officer shall:
(1) act as liaison between the Office of the
Auditor General and the Inspector General appointed under
this Article;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the
Secretary of State; and
(3) provide guidance to officers and employees in
the interpretation and implementation of this Act, which
the officer or employee may in good faith rely upon. Such
guidance shall be based, whenever possible, upon legal
precedent in court decisions and opinions of the Attorney
General.
(93 HB3412enr. Art. 35 heading new)
ARTICLE 35
OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH
(93 HB3412enr. Sec. 35-5 new)
Sec. 35-5. Appointment of Inspectors General. Nothing in
this Act precludes the appointment by the Governor, the
Lieutenant Governor, the Attorney General, the Secretary of
State, the Comptroller, or the Treasurer of any inspector
general required or permitted by law. Nothing in this Act
precludes the Governor, the Attorney General, the Secretary
of State, the Comptroller, or the Treasurer from appointing
an existing inspector general under his or her jurisdiction
to serve simultaneously as an Executive Inspector General.
This Act shall be read consistently with all existing State
statutes that create inspectors general under the
jurisdiction of an executive branch constitutional officer.
(93 HB3412enr. Art. 50, Sec. 50-5)
Sec. 50-5. Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45 or Article 15.
(b) A person who intentionally violates any provision of
Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
offense subject to a fine of at least $1,001 and up to
$5,000.
(c) A person who intentionally violates any provision of
Article 10 is guilty of a business offense and subject to a
fine of at least $1,001 and up to $5,000.
(d) Any person who intentionally makes a false report
alleging a violation of any provision of this Act to an
ethics commission, an inspector general, the State Police, a
State's Attorney, the Attorney General, or any other law
enforcement official is guilty of a Class A misdemeanor.
(e) An ethics commission may levy an administrative fine
of up to $5,000 against any person who violates this Act, who
intentionally obstructs or interferes with an investigation
conducted under this Act by an inspector general, or who
intentionally makes a false, frivolous, or bad faith
allegation.
(f) In addition to any other penalty that may apply,
whether criminal or civil, a State employee who intentionally
violates any provision of Section 5-15, 5-20, 5-30, 5-35,
5-40, or 5-50, Article 10, Article 15, or Section 20-90 or
25-90 is subject to discipline or discharge by the
appropriate ultimate jurisdictional authority.
Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45 or Article 15.
(b) A person who intentionally violates any provision of
Section 5-20 or Section 5-35 is guilty of a business offense
subject to a fine of at least $1,001 and up to $5,000.
(c) In addition to any other penalty that may apply,
whether criminal or civil, a director, a supervisor, or a
State employee who intentionally violates any provision of
Section 5-15, 5-20, 5-30, 5-35, or 5-40 or Article 15 is
subject to discipline or discharge by the appropriate
ultimate jurisdictional authority.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 70, Sec. 70-5)
Sec. 70-5. Adoption by governmental entities.
(a) Within 6 months after the effective date of this
Act, each governmental entity shall adopt an ordinance or
resolution that regulates, in a manner no less restrictive
than Section 5-15 and Article 10 of this Act, (i) the
political activities of officers and employees of the
governmental entity and (ii) the soliciting and accepting of
gifts by and the offering and making of gifts to officers and
employees of the governmental entity.
(b) Within 3 months after the effective date of this
amendatory Act of the 93rd General Assembly, the Attorney
General shall develop model ordinances and resolutions for
the purpose of this Article. The Attorney General and shall
advise governmental entities on their contents and adoption.
(c) As used in this Article, (i) an "officer" means an
elected or appointed official; regardless of whether the
official is compensated, and (ii) an "employee" means a
full-time, part-time, or contractual employee.
(Source: 93HB3412enr.)
(93 HB3412enr. Art. 70, Sec. 70-15)
Sec. 70-15. Home rule preemption. This Article is a
denial and limitation of home rule powers and functions in
accordance with subsection (i) of Section 6 of Article VII of
the Illinois Constitution. A home rule unit may not regulate
the political activities of its officers and employees and
the soliciting, offering, accepting, and making of gifts in a
manner less restrictive than the provisions of Section 70-5
this Act.
(Source: 93HB3412enr.)
Section 55. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Illinois Administrative
Procedure Act is amended by changing Sections 1-20 and 5-165
as follows:
(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
Sec. 1-20. "Agency" means each officer, board,
commission, and agency created by the Constitution, whether
in the executive, legislative, or judicial branch of State
government, but other than the circuit court; each officer,
department, board, commission, agency, institution,
authority, university, and body politic and corporate of the
State; each administrative unit or corporate outgrowth of the
State government that is created by or pursuant to statute,
other than units of local government and their officers,
school districts, and boards of election commissioners; and
each administrative unit or corporate outgrowth of the above
and as may be created by executive order of the Governor.
"Agency", however, does not include the following:
(1) The House of Representatives and Senate and
their respective standing and service committees.
(2) The Governor.
(3) The justices and judges of the Supreme and
Appellate Courts.
(4) The Legislative Ethics Commission.
(Source: P.A. 87-823.)
(5 ILCS 100/5-165)
Sec. 5-165. Ex parte communications in rulemaking;
special government agents.
(a) Notwithstanding any law to the contrary, this
Section applies to ex parte communications made during the
rulemaking process.
(b) "Ex parte communication" means any written or oral
communication by any person required to be registered under
the Lobbyist Registration Act to an agency, agency head,
administrative law judge, or other agency employee during the
rulemaking period that imparts or requests material
information or makes a material argument regarding potential
action concerning an agency's general, emergency, or
peremptory rulemaking under this Act and that is communicated
to that agency, the head of that agency, or any other
employee of that agency. For purposes of this Section, the
rulemaking period begins upon the commencement of the first
notice period with respect to general rulemaking under
Section 5-40, upon the filing of a notice of emergency
rulemaking under Section 5-45, or upon the filing of a notice
of rulemaking with respect to peremptory rulemaking under
Section 5-50. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as the format of public comments, the
number of copies required, the manner of filing such
comments, and the status of a rulemaking proceeding; and
(iii) statements made by a State official or State employee
of that agency to the agency head or other employee of that
agency.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, or administrative law
judge shall immediately be reported to that agency's ethics
officer by the recipient of the communication and by any
other employee of that agency who responds to the
communication. The ethics officer shall require that the ex
parte communication promptly be made a part of the record of
the rulemaking proceeding. The ethics officer shall promptly
file the ex parte communication with the Executive Ethics
Commission, including all written communications, all written
responses to the communications, and a memorandum prepared by
the ethics officer stating the nature and substance of all
oral communications, the identity and job title of the person
to whom each communication was made, and all responses made,
the identity and job title of the person making each
response, and the identity of each person from whom the
written or oral ex parte communication was received, the
individual or entity represented by that person, any action
the person requested or recommended, and any other pertinent
information. The disclosure shall also contain the date of
any ex parte communication.
(d) Failure to take certain actions under this Section
may constitute a violation as provided in Section 5-50 of the
State Officials and Employees Ethics Act.
(Source: 93 HB3412enr.)
Section 60. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Open Meetings Act is amended
by changing Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum
of the members of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported
in whole or in part by tax revenue, or which expend tax
revenue, except the General Assembly and committees or
commissions thereof. "Public body" includes tourism boards
and convention or civic center boards located in counties
that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body"
includes the Health Facilities Planning Board. "Public body"
does not include a child death review team or the Illinois
Child Death Review Teams Executive Council established under
the Child Death Review Team Act or an ethics commission,
ethics officer, or ultimate jurisdictional authority acting
under the State Officials and Employees Ethics Act State Gift
Ban Act as provided by Section 80 of that Act.
(Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)
Section 70. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Freedom of Information Act is
amended by changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection; and
(vi) the names, addresses, or other personal
information of participants and registrants in park
district, forest preserve district, and conservation
district programs.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the
only purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds, but
only to the extent that disclosure would compromise
security, including but not limited to water treatment
facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated,
or occupied buildings.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the St. Clair County Transit District under the
Bi-State Transit Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under the State Officials and Employees Ethics
Act Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, information that would
disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs, or
private keys intended to be used to create electronic or
digital signatures under the Electronic Commerce Security
Act.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(kk) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(ll) Vulnerability assessments, security measures,
and response policies or plans that are designed to
identify, prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details
pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems
or protocols, or to tactical operations.
(mm) Maps and other records regarding the location
or security of a utility's generation, transmission,
distribution, storage, gathering, treatment, or switching
facilities.
(nn) (ll) Law enforcement officer identification
information or driver identification information compiled
by a law enforcement agency or the Department of
Transportation under Section 11-212 of the Illinois
Vehicle Code.
(oo) (ll) Records and information provided to a
residential health care facility resident sexual assault
and death review team or the Residential Health Care
Facility Resident Sexual Assault and Death Review Teams
Executive Council under the Residential Health Care
Facility Resident Sexual Assault and Death Review Team
Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01;
92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff.
7-11-02; 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)
Section 75. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Illinois Public Labor
Relations Act is amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit; or (iv) recognized as the
exclusive representative of personal care attendants or
personal assistants under Executive Order 2003-8 prior to the
effective date of this amendatory Act of the 93rd General
Assembly, and the organization shall be considered to be the
exclusive representative of the personal care attendants or
personal assistants as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services,
and the Director of the Department of Labor; the county board
in the case of a county; the corporate authorities in the
case of a municipality; and the appropriate body authorized
to provide for expenditures of its funds in the case of any
other unit of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals and, as
of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal care attendants
and personal assistants working under the Home Services
Program under Section 3 of the Disabled Persons
Rehabilitation Act, subject to the limitations set forth in
this Act and in the Disabled Persons Rehabilitation Act, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General;
employees of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Personal care attendants and personal assistants shall
not be considered public employees for any purposes not
specifically provided for in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by
the State Employees Group Insurance Act of 1971 (5 ILCS
375/).
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. As of the effective date of this amendatory Act of
the 93rd General Assembly, but not before, the State of
Illinois shall be considered the employer of the personal
care attendants and personal assistants working under the
Home Services Program under Section 3 of the Disabled Persons
Rehabilitation Act, subject to the limitations set forth in
this Act and in the Disabled Persons Rehabilitation Act. The
State shall not be considered to be the employer of personal
care attendants and personal assistants for any purposes not
specifically provided for in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by
the State Employees Group Insurance Act of 1971 (5 ILCS
375/). "Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Panel or the
Local Panel from determining that employers are joint or
co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may
suitably be represented by a labor organization for
collective bargaining. Except with respect to non-State
fire fighters and paramedics employed by fire departments
and fire protection districts, non-State peace officers,
and peace officers in the Department of State Police, a
bargaining unit determined by the Board shall not include
both employees and supervisors, or supervisors only,
except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July
1, 1984 (the effective date of this Act). With respect
to non-State fire fighters and paramedics employed by
fire departments and fire protection districts, non-State
peace officers, and peace officers in the Department of
State Police, a bargaining unit determined by the Board
shall not include both supervisors and nonsupervisors, or
supervisors only, except as provided in paragraph (2) of
this subsection (s) and except for bargaining units in
existence on January 1, 1986 (the effective date of this
amendatory Act of 1985). A bargaining unit determined by
the Board to contain peace officers shall contain no
employees other than peace officers unless otherwise
agreed to by the employer and the labor organization or
labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace
officers of the Department of Natural Resources (formerly
designated the Department of Conservation) shall contain
no employees other than such sworn peace officers upon
the effective date of this amendatory Act of 1990 or upon
the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors
from bargaining units as provided in paragraph (1) of
this subsection (s), a public employer may agree to
permit its supervisory employees to form bargaining units
and may bargain with those units. This Act shall apply
if the public employer chooses to bargain under this
subsection.
(Source: P.A. 93-204, eff. 7-16-03.)
Section 77. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the State Employee
Indemnification Act is amended by changing Section 1 as
follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or
instrumentality of the State. It does not mean any local
public entity as that term is defined in Section 1-206 of the
Local Governmental and Governmental Employees Tort Immunity
Act or a pension fund.
(b) The term "employee" means any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund, any present or former
commissioner or employee of the Executive Ethics Commission
or of the Legislative Ethics Commission, any present or
former Executive, Legislative, or Auditor General's Inspector
General, any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General, any present or former member of the Illinois
National Guard while on active duty, individuals or
organizations who contract with the Department of
Corrections, the Comprehensive Health Insurance Board, or the
Department of Veterans' Affairs to provide services,
individuals or organizations who contract with the Department
of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) to provide services
including but not limited to treatment and other services for
sexually violent persons, individuals or organizations who
contract with the Department of Military Affairs for youth
programs, individuals or organizations who contract to
perform carnival and amusement ride safety inspections for
the Department of Labor, individual representatives of or
designated organizations authorized to represent the Office
of State Long-Term Ombudsman for the Department on Aging,
individual representatives of or organizations designated by
the Department on Aging in the performance of their duties as
elder abuse provider agencies or regional administrative
agencies under the Elder Abuse and Neglect Act, individuals
or organizations who perform volunteer services for the State
where such volunteer relationship is reduced to writing,
individuals who serve on any public entity (whether created
by law or administrative action) described in paragraph (a)
of this Section, individuals or not for profit organizations
who, either as volunteers, where such volunteer relationship
is reduced to writing, or pursuant to contract, furnish
professional advice or consultation to any agency or
instrumentality of the State, individuals who serve as foster
parents for the Department of Children and Family Services
when caring for a Department ward, and individuals who serve
as arbitrators pursuant to Part 10A of Article II of the Code
of Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended, but
does not mean an independent contractor except as provided in
this Section. The term includes an individual appointed as an
inspector by the Director of State Police when performing
duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation
to the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)
(5 ILCS 395/Act rep.)
Section 80. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Whistle Blower Protection Act
is repealed.
Section 83. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Illinois Governmental Ethics
Act is amended by changing Sections 4A-101, 4A-102, 4A-105,
4A-106, and 4A-107 as follows:
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
(a) Members of the General Assembly and candidates
for nomination or election to the General Assembly.
(b) Persons holding an elected office in the
Executive Branch of this State, and candidates for
nomination or election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject
to confirmation by the Senate.
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of
the Circuit Court and the office of judge of the
Appellate or Supreme Court.
(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governor's
State University, Board of Trustees of Illinois State
University, Board of Trustees of Northeastern Illinois
University, Board of Trustees of Northern Illinois
University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a
department, commission, board, division, bureau,
authority or other administrative unit within the
government of this State, or who exercise similar
authority within the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any
judicial or administrative proceeding, or review the
adjudication, arbitration or decision of any
judicial or administrative proceeding within the
authority of the State; or
(7) have supervisory responsibility for 20 or
more employees of the State.
(g) Persons who are elected to office in a unit of
local government, and candidates for nomination or
election to that office, including regional
superintendents of school districts.
(h) Persons appointed to the governing board of a
unit of local government, or of a special district, and
persons appointed to a zoning board, or zoning board of
appeals, or to a regional, county, or municipal plan
commission, or to a board of review of any county, and
persons appointed to the Board of the Metropolitan Pier
and Exposition Authority and any Trustee appointed under
Section 22 of the Metropolitan Pier and Exposition
Authority Act, and persons appointed to a board or
commission of a unit of local government who have
authority to authorize the expenditure of public funds.
This subsection does not apply to members of boards or
commissions who function in an advisory capacity.
(i) Persons who are employed by a unit of local
government and are compensated for services as employees
and not as independent contractors and who:
(1) are, or function as, the head of a
department, division, bureau, authority or other
administrative unit within the unit of local
government, or who exercise similar authority within
the unit of local government;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the unit of local government in the
amount of $1,000 or greater;
(3) have authority to approve licenses and
permits by the unit of local government; this item
does not include employees who function in a
ministerial capacity;
(4) adjudicate, arbitrate, or decide any
judicial or administrative proceeding, or review the
adjudication, arbitration or decision of any
judicial or administrative proceeding within the
authority of the unit of local government;
(5) have authority to issue or promulgate
rules and regulations within areas under the
authority of the unit of local government; or
(6) have supervisory responsibility for 20 or
more employees of the unit of local government.
(j) Persons on the Board of Trustees of the
Illinois Mathematics and Science Academy.
(k) Persons employed by a school district in
positions that require that person to hold an
administrative or a chief school business official
endorsement.
(l) Special government agents. A "special
government agent" is a person who is directed, retained,
designated, appointed, or employed, with or without
compensation, by or on behalf of a statewide executive
branch constitutional officer to make an ex parte
communication under Section 5-50 of the State Officials
and Employees Ethics Act or Section 5-165 of the Illinois
Administrative Procedure Act. (Blank).
This Section shall not be construed to prevent any unit
of local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 91-622, eff. 8-19-99.)
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests
required by this Article shall include the economic interests
of the person making the statement as provided in this
Section. The interest (if constructively controlled by the
person making the statement) of a spouse or any other party,
shall be considered to be the same as the interest of the
person making the statement. Campaign receipts shall not be
included in this statement.
(a) The following interests shall be listed by all
persons required to file:
(1) The name, address and type of practice of any
professional organization or individual professional
practice in which the person making the statement was an
officer, director, associate, partner or proprietor, or
served in any advisory capacity, from which income in
excess of $1200 was derived during the preceding calendar
year;
(2) The nature of professional services (other than
services rendered to the unit or units of government in
relation to which the person is required to file) and the
nature of the entity to which they were rendered if fees
exceeding $5,000 were received during the preceding
calendar year from the entity for professional services
rendered by the person making the statement.
(3) The identity (including the address or legal
description of real estate) of any capital asset from
which a capital gain of $5,000 or more was realized in
the preceding calendar year.
(4) The name of any unit of government which has
employed the person making the statement during the
preceding calendar year other than the unit or units of
government in relation to which the person is required to
file.
(5) The name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in
the aggregate in excess of $500, was received during the
preceding calendar year.
(b) The following interests shall also be listed by
persons listed in items (a) through (f) and item (l) of
Section 4A-101:
(1) The name and instrument of ownership in any
entity doing business in the State of Illinois, in which
an ownership interest held by the person at the date of
filing is in excess of $5,000 fair market value or from
which dividends of in excess of $1,200 were derived
during the preceding calendar year. (In the case of real
estate, location thereof shall be listed by street
address, or if none, then by legal description). No time
or demand deposit in a financial institution, nor any
debt instrument need be listed;
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income of in excess of $1,200 was derived during
the preceding calendar year, if the entity does business
in the State of Illinois. No time or demand deposit in a
financial institution, nor any debt instrument need be
listed.
(3) The identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the lobbyist
and specifying the legislative matter or matters which
are the object of the lobbying activity, and describing
the general type of economic activity of the client or
principal on whose behalf that person is lobbying.
(c) The following interests shall also be listed by
persons listed in items (g), (h), and (i), and (l) of Section
4A-101:
(1) The name and instrument of ownership in any
entity doing business with a unit of local government in
relation to which the person is required to file if the
ownership interest of the person filing is greater than
$5,000 fair market value as of the date of filing or if
dividends in excess of $1,200 were received from the
entity during the preceding calendar year. (In the case
of real estate, location thereof shall be listed by
street address, or if none, then by legal description).
No time or demand deposit in a financial institution, nor
any debt instrument need be listed.
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income in excess of $1,200 was derived during the
preceding calendar year if the entity does business with
a unit of local government in relation to which the
person is required to file. No time or demand deposit in
a financial institution, nor any debt instrument need be
listed.
(3) The name of any entity and the nature of the
governmental action requested by any entity which has
applied to a unit of local government in relation to
which the person must file for any license, franchise or
permit for annexation, zoning or rezoning of real estate
during the preceding calendar year if the ownership
interest of the person filing is in excess of $5,000 fair
market value at the time of filing or if income or
dividends in excess of $1,200 were received by the person
filing from the entity during the preceding calendar
year.
(Source: P.A. 92-101, eff. 1-1-02.)
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
Sec. 4A-105. Time for filing. Except as provided in
Section 4A-106.1, by May 1 of each year a statement must be
filed by each person whose position at that time subjects him
to the filing requirements of Section 4A-101 unless he has
already filed a statement in relation to the same unit of
government in that calendar year.
Statements must also be filed as follows:
(a) A candidate for elective office shall file his
statement not later than the end of the period during
which he can take the action necessary under the laws of
this State to attempt to qualify for nomination,
election, or retention to such office if he has not filed
a statement in relation to the same unit of government
within a year preceding such action.
(b) A person whose appointment to office is subject
to confirmation by the Senate shall file his statement at
the time his name is submitted to the Senate for
confirmation.
(b-5) A special government agent, as defined in
item (1) of Section 4A-101 of this Act, shall file a
statement within 30 days after making the first ex parte
communication and each May 1 thereafter if he or she has
made an ex parte communication within the previous 12
months.
(c) Any other person required by this Article to
file the statement shall file a statement at the time of
his or her initial appointment or employment in relation
to that unit of government if appointed or employed by
May 1.
If any person who is required to file a statement of
economic interests fails to file such statement by May 1 of
any year, the officer with whom such statement is to be filed
under Section 4A-106 of this Act shall, within 7 days after
May 1, notify such person by certified mail of his or her
failure to file by the specified date. Except as may be
prescribed by rule of the Secretary of State, such person
shall file his or her statement of economic interests on or
before May 15 with the appropriate officer, together with a
$15 late filing fee. Any such person who fails to file by
May 15 shall be subject to a penalty of $100 for each day
from May 16 to the date of filing, which shall be in addition
to the $15 late filing fee specified above. Failure to file
by May 31 shall result in a forfeiture in accordance with
Section 4A-107 of this Act.
Any person who takes office or otherwise becomes required
to file a statement of economic interests within 30 days
prior to May 1 of any year may file his or her statement at
any time on or before May 31 without penalty. If such person
fails to file such statement by May 31, the officer with whom
such statement is to be filed under Section 4A-106 of this
Act shall, within 7 days after May 31, notify such person by
certified mail of his or her failure to file by the specified
date. Such person shall file his or her statement of
economic interests on or before June 15 with the appropriate
officer, together with a $15 late filing fee. Any such
person who fails to file by June 15 shall be subject to a
penalty of $100 per day for each day from June 16 to the date
of filing, which shall be in addition to the $15 late filing
fee specified above. Failure to file by June 30 shall result
in a forfeiture in accordance with Section 4A-107 of this
Act.
All late filing fees and penalties collected pursuant to
this Section shall be paid into the General Revenue Fund in
the State treasury, if the Secretary of State receives such
statement for filing, or into the general fund in the county
treasury, if the county clerk receives such statement for
filing. The Attorney General, with respect to the State, and
the several State's Attorneys, with respect to counties,
shall take appropriate action to collect the prescribed
penalties.
Failure to file a statement of economic interests within
the time prescribed shall not result in a fine or
ineligibility for, or forfeiture of, office or position of
employment, as the case may be; provided that the failure to
file results from not being included for notification by the
appropriate agency, clerk, secretary, officer or unit of
government, as the case may be, and that a statement is filed
within 30 days of actual notice of the failure to file.
(Source: P.A. 88-187; 88-605, eff. 9-1-94; 89-433, eff.
12-15-95.)
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. The statements of economic interests
required of persons listed in items (a) through (f), and item
(j), and item (l) of Section 4A-101 shall be filed with the
Secretary of State. The statements of economic interests
required of persons listed in items (g), (h), (i), and (k),
and (l) of Section 4A-101 shall be filed with the county
clerk of the county in which the principal office of the unit
of local government with which the person is associated is
located. If it is not apparent which county the principal
office of a unit of local government is located, the chief
administrative officer, or his or her designee, has the
authority, for purposes of this Act, to determine the county
in which the principal office is located. On or before
February 1 annually, (1) the chief administrative officer of
any State agency in the executive, legislative, or judicial
branch employing persons required to file under item (f) or
item (l) of Section 4A-101 shall certify to the Secretary of
State the names and mailing addresses of those persons, and
(2) the chief administrative officer, or his or her designee,
of each unit of local government with persons described in
items (h), (i) and (k) of Section 4A-101 shall certify to the
appropriate county clerk a list of names and addresses of
persons described in items (h), (i) and (k) of Section 4A-101
that are required to file. In preparing the lists, each
chief administrative officer, or his or her designee, shall
set out the names in alphabetical order.
On or before February 1 annually, the secretary to the
board of education for local school councils established
pursuant to Section 34-2.1 of the School Code shall certify
to the county clerk the names and mailing addresses of those
persons described in item (l) of Section 4A-101.
On or before April 1 annually, the Secretary of State
shall notify (1) all persons whose names have been certified
to him under items item (f) and (l) of Section 4A-101, and
(2) all persons described in items (a) through (e) and item
(j) of Section 4A-101, other than candidates for office who
have filed their statements with their nominating petitions,
of the requirements for filing statements of economic
interests. A person required to file with the Secretary of
State by virtue of more than one item among items (a) through
(f) and items item (j) and (l) shall be notified of and is
required to file only one statement of economic interests
relating to all items under which the person is required to
file with the Secretary of State.
On or before April 1 annually, the county clerk of each
county shall notify all persons whose names have been
certified to him under items (g), (h), (i), and (k), and (l)
of Section 4A-101, other than candidates for office who have
filed their statements with their nominating petitions, of
the requirements for filing statements of economic interests.
A person required to file with a county clerk by virtue of
more than one item among items (g), (h), (i), and (k), and
(l) shall be notified of and is required to file only one
statement of economic interests relating to all items under
which the person is required to file with that county clerk.
Except as provided in Section 4A-106.1, the notices
provided for in this Section shall be in writing and
deposited in the U.S. Mail, properly addressed, first class
postage prepaid, on or before the day required by this
Section for the sending of the notice. A certificate executed
by the Secretary of State or county clerk attesting that he
has mailed the notice constitutes prima facie evidence
thereof.
From the lists certified to him under this Section of
persons described in items (g), (h), (i), and (k), and (l) of
Section 4A-101, the clerk of each county shall compile an
alphabetical listing of persons required to file statements
of economic interests in his office under any of those items.
As the statements are filed in his office, the county clerk
shall cause the fact of that filing to be indicated on the
alphabetical listing of persons who are required to file
statements. Within 30 days after the due dates, the county
clerk shall mail to the State Board of Elections a true copy
of that listing showing those who have filed statements.
The county clerk of each county shall note upon the
alphabetical listing the names of all persons required to
file a statement of economic interests who failed to file a
statement on or before May 1. It shall be the duty of the
several county clerks to give notice as provided in Section
4A-105 to any person who has failed to file his or her
statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Act is entitled to receive from the
Secretary of State or county clerk, as the case may be, a
receipt indicating that the person has filed such a
statement, the date of such filing, and the identity of the
governmental unit or units in relation to which the filing is
required.
The Secretary of State may employ such employees and
consultants as he considers necessary to carry out his duties
hereunder, and may prescribe their duties, fix their
compensation, and provide for reimbursement of their
expenses.
All statements of economic interests filed under this
Section shall be available for examination and copying by the
public at all reasonable times. Not later than 12 months
after the effective date of this amendatory Act of the 93rd
General Assembly, beginning with statements filed in calendar
year 2004, the Secretary of State shall make statements of
economic interests filed with the Secretary available for
inspection and copying via the Secretary's website. Each
person examining a statement filed with the county clerk must
first fill out a form prepared by the Secretary of State
identifying the examiner by name, occupation, address and
telephone number, and listing the date of examination and
reason for such examination. The Secretary of State shall
supply such forms to the county clerks annually and replenish
such forms upon request.
The Secretary of State or county clerk, as the case may
be, shall promptly notify each person required to file a
statement under this Article of each instance of an
examination of his statement by sending him a duplicate
original of the identification form filled out by the person
examining his statement.
(Source: P.A. 92-101, eff. 1-1-02.)
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor.
Failure to file a statement within the time prescribed
shall result in ineligibility for, or forfeiture of, office
or position of employment, as the case may be; provided,
however, that if the notice of failure to file a statement of
economic interests provided in Section 4A-105 of this Act is
not given by the Secretary of State or the county clerk, as
the case may be, no forfeiture shall result if a statement is
filed within 30 days of actual notice of the failure to file.
The Attorney General, with respect to offices or
positions described in items (a) through (f) and items (j)
and (l) of Section 4A-101 of this Act, or the State's
Attorney of the county of the entity for which the filing of
statements of economic interests is required, with respect to
offices or positions described in items (g) through (i) and
item, (k), and (l) of Section 4A-101 of this Act, shall bring
an action in quo warranto against any person who has failed
to file by either May 31 or June 30 of any given year.
(Source: P.A. 88-187; 88-511.)
(5 ILCS 425/Act rep.)
Section 85. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the State Gift Ban Act is
repealed.
(15 ILCS 505/19 rep.)
Section 87. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the State Treasurer Act is
amended by repealing Section 19.
Section 90. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Personnel Code is amended by
changing Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in
this Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court, and
Attorney General.
(3) Judges, and officers and employees of the
courts, and notaries public.
(4) All officers and employees of the Illinois
General Assembly, all employees of legislative
commissions, all officers and employees of the Illinois
Legislative Reference Bureau, the Legislative Research
Unit, and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard
and Illinois State Guard, paid from federal funds or
positions in the State Military Service filled by
enlistment and paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by
the Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical
staff of the Illinois State Museum.
(9) All other employees except the presidents,
other principal administrative officers, and teaching,
research and extension faculties of the universities
under the jurisdiction of the Board of Regents and the
colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities,
Illinois Community College Board, Southern Illinois
University, Illinois Board of Higher Education, Board of
Governors of State Colleges and Universities, the Board
of Regents, University of Illinois, State Universities
Civil Service System, University Retirement System of
Illinois, so long as these are subject to the provisions
of the State Universities Civil Service Act.
(10) The State Police so long as they are subject
to the merit provisions of the State Police Act.
(11) The scientific staff of the State Scientific
Surveys and the Waste Management and Research Center.
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll
Highway Authority.
(14) The Secretary of the Industrial Commission.
(15) All persons who are appointed or employed by
the Director of Insurance under authority of Section 202
of the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan
Area Airport Authority.
(17) All investment officers employed by the
Illinois State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley
Area Airport Authority.
(24) The commissioners and employees of the
Executive Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's
Inspector General.
(Source: P.A. 90-490, eff. 8-17-97; 91-214, eff. 1-1-00;
91-357, eff. 7-29-99.)
Section 95. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the General Assembly Compensation
Act is amended by changing Section 4 as follows:
(25 ILCS 115/4) (from Ch. 63, par. 15.1)
Sec. 4. Office allowance. Beginning July 1, 2001, each
member of the House of Representatives is authorized to
approve the expenditure of not more than $61,000 per year and
each member of the Senate is authorized to approve the
expenditure of not more than $73,000 per year to pay for
"personal services", "contractual services", "commodities",
"printing", "travel", "operation of automotive equipment",
"telecommunications services", as defined in the State
Finance Act, and the compensation of one or more legislative
assistants authorized pursuant to this Section, in connection
with his or her legislative duties and not in connection with
any political campaign. On July 1, 2002 and on July 1 of each
year thereafter, the amount authorized per year under this
Section for each member of the Senate and each member of the
House of Representatives shall be increased by a percentage
increase equivalent to the lesser of (i) the increase in the
designated cost of living index or (ii) 5%. The designated
cost of living index is the index known as the "Employment
Cost Index, Wages and Salaries, By Occupation and Industry
Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the calendar
year immediately preceding the year of the respective July
1st increase date. The increase shall be added to the then
current amount, and the adjusted amount so determined shall
be the annual amount beginning July 1 of the increase year
until July 1 of the next year. No increase under this
provision shall be less than zero.
A member may purchase office equipment if the member
certifies to the Secretary of the Senate or the Clerk of the
House, as applicable, that the purchase price, whether paid
in lump sum or installments, amounts to less than would be
charged for renting or leasing the equipment over its
anticipated useful life. All such equipment must be
purchased through the Secretary of the Senate or the Clerk of
the House, as applicable, for proper identification and
verification of purchase.
Each member of the General Assembly is authorized to
employ one or more legislative assistants, who shall be
solely under the direction and control of that member, for
the purpose of assisting the member in the performance of his
or her official duties. A legislative assistant may be
employed pursuant to this Section as a full-time employee,
part-time employee, or contractual employee, at the
discretion of the member. If employed as a State employee, a
legislative assistant shall receive employment benefits on
the same terms and conditions that apply to other employees
of the General Assembly. Each member shall adopt and
implement personnel policies for legislative assistants under
his or her direction and control relating to work time
requirements, documentation for reimbursement for travel on
official State business, compensation, and the earning and
accrual of State benefits for those legislative assistants
who may be eligible to receive those benefits. The policies
shall also require legislative assistants to periodically
submit time sheets documenting, in quarter-hour increments,
the time spent each day on official State business. The
policies shall require the time sheets to be submitted on
paper, electronically, or both and to be maintained in either
paper or electronic format by the applicable fiscal office
for a period of at least 2 years. Contractual employees may
satisfy the time sheets requirement by complying with the
terms of their contract, which shall provide for a means of
compliance with this requirement. A member may satisfy the
requirements of this paragraph by adopting and implementing
the personnel policies promulgated by that member's
legislative leader under the State Officials and Employees
Ethics Act with respect to that member's legislative
assistants.
As used in this Section the term "personal services"
shall include contributions of the State under the Federal
Insurance Contribution Act and under Article 14 of the
Illinois Pension Code. As used in this Section the term
"contractual services" shall not include improvements to real
property unless those improvements are the obligation of the
lessee under the lease agreement. Beginning July 1, 1989, as
used in the Section, the term "travel" shall be limited to
travel in connection with a member's legislative duties and
not in connection with any political campaign. Beginning on
the effective date of this amendatory Act of the 93rd General
Assembly, as used in this Section, the term "printing"
includes, but is not limited to, newsletters, brochures,
certificates, congratulatory mailings, greeting or welcome
messages, anniversary or birthday cards, and congratulations
for prominent achievement cards. As used in this Section,
the term "printing" includes fees for non-substantive
resolutions charged by the Clerk of the House of
Representatives under subsection (c-5) of Section 1 of the
Legislative Materials Act. No newsletter or brochure that is
paid for, in whole or in part, with funds provided under this
Section may be printed or mailed during a period beginning
February 1 of the year of a general primary election and
ending the day after the general primary election and during
a period beginning September 1 of the year of a general
election and ending the day after the general election,
except that such a newsletter or brochure may be mailed
during those times if it is mailed to a constituent in
response to that constituent's inquiry concerning the needs
of that constituent or questions raised by that constituent.
Nothing in this Section shall be construed to authorize
expenditures for lodging and meals while a member is in
attendance at sessions of the General Assembly.
Any utility bill for service provided to a member's
district office for a period including portions of 2
consecutive fiscal years may be paid from funds appropriated
for such expenditure in either fiscal year.
If a vacancy occurs in the office of Senator or
Representative in the General Assembly, any office equipment
in the possession of the vacating member shall transfer to
the member's successor; if the successor does not want such
equipment, it shall be transferred to the Secretary of the
Senate or Clerk of the House of Representatives, as the case
may be, and if not wanted by other members of the General
Assembly then to the Department of Central Management
Services for treatment as surplus property under the State
Property Control Act. Each member, on or before June 30th of
each year, shall conduct an inventory of all equipment
purchased pursuant to this Act. Such inventory shall be
filed with the Secretary of the Senate or the Clerk of the
House, as the case may be. Whenever a vacancy occurs, the
Secretary of the Senate or the Clerk of the House, as the
case may be, shall conduct an inventory of equipment
purchased.
In the event that a member leaves office during his or
her term, any unexpended or unobligated portion of the
allowance granted under this Section shall lapse. The
vacating member's successor shall be granted an allowance in
an amount, rounded to the nearest dollar, computed by
dividing the annual allowance by 365 and multiplying the
quotient by the number of days remaining in the fiscal year.
From any appropriation for the purposes of this Section
for a fiscal year which overlaps 2 General Assemblies, no
more than 1/2 of the annual allowance per member may be spent
or encumbered by any member of either the outgoing or
incoming General Assembly, except that any member of the
incoming General Assembly who was a member of the outgoing
General Assembly may encumber or spend any portion of his
annual allowance within the fiscal year.
The appropriation for the annual allowances permitted by
this Section shall be included in an appropriation to the
President of the Senate and to the Speaker of the House of
Representatives for their respective members. The President
of the Senate and the Speaker of the House shall voucher for
payment individual members' expenditures from their annual
office allowances to the State Comptroller, subject to the
authority of the Comptroller under Section 9 of the State
Comptroller Act.
(Source: P.A. 90-569, eff. 1-28-98; 91-952, eff. 7-1-01; 93
HB3412enr.)
Section 100. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Legislative Commission
Reorganization Act of 1984 is amended by changing Section
9-2.5 as follows:
(25 ILCS 130/9-2.5)
Sec. 9-2.5. Newsletters and brochures. The Legislative
Printing Unit may not print for any member of the General
Assembly any newsletters or brochures during the period
beginning February 1 of the year of a general primary
election and ending the day after the general primary
election and during a period beginning September 1 of the
year of a general election and ending the day after the
general election. A member of the General Assembly may not
mail, during a period beginning February 1 of the year of a
general primary election and ending the day after the general
primary election and during a period beginning September 1 of
the year of a general election and ending the day after the
general election, any newsletters or brochures that were
printed, at any time, by the Legislative Printing Unit,
except that such a newsletter or brochure may be mailed
during those times if it is mailed to a constituent in
response to that constituent's inquiry concerning the needs
of that constituent or questions raised by that constituent.
(Source: 93 HB3412enr.)
Section 115. If and only if House Bill 3412 as passed by
the 93rd General Assembly becomes law by override of the
Governor's amendatory veto, the Lobbyist Registration Act is
amended by changing Sections 3.1 and 5 as follows:
(25 ILCS 170/3.1)
Sec. 3.1. Prohibition on serving on boards and
commissions. Notwithstanding any other law of this State, on
and after February 1, 2004, but not before that date, a
person required to be registered under this Act, his or her
spouse, and his or her immediate family members living with
that person may not serve on a board, commission, authority,
or task force authorized or created by State law or by
executive order of the Governor; except that this restriction
does not apply to any of the following:
(1) a registered lobbyist, his or her spouse, or
any immediate family member living with the registered
lobbyist, who is serving in an elective public office,
whether elected or appointed to fill a vacancy; and
(2) a registered lobbyist, his or her spouse, or
any immediate family member living with the registered
lobbyist, who is serving on a State advisory body that
makes nonbinding recommendations to an agency of State
government but does not make binding recommendations or
determinations or take any other substantive action.
(Source: 93HB3412enr.)
(25 ILCS 170/5) (from Ch. 63, par. 175)
(Text of Section amended by P.A. 93-32)
Sec. 5. Lobbyist registration and disclosure. Every
person required to register under Section 3 shall each and
every year, or before any such service is performed which
requires the person to register, but in any event not later
than 2 business days after being employed or retained, and on
or before each January 31 and July 31 thereafter, file in the
Office of the Secretary of State a written statement
containing the following information with respect to each
person or entity employing or retaining the person required
to register:
(a) The registrant's name, and permanent address,
e-mail address, if any, fax number, if any, business
telephone number, and temporary address, if the
registrant has a temporary address while lobbying of the
registrant.
(a-5) If the registrant is an organization or
business entity, the information required under
subsection (a) for each person associated with the
registrant who will be lobbying, regardless of whether
lobbying is a significant part of his or her duties.
(b) The name and address of the person or persons
employing or retaining registrant to perform such
services or on whose behalf the registrant appears.
(c) A brief description of the executive,
legislative, or administrative action in reference to
which such service is to be rendered.
(c-5) Each executive and legislative branch agency
the registrant expects to lobby during the registration
period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply:
(1) banking and financial services, (2) manufacturing,
(3) education, (4) environment, (5) healthcare, (6)
insurance, (7) community interests, (8) labor, (9) public
relations or advertising, (10) marketing or sales, (11)
hospitality, (12) engineering, (13) information or
technology products or services, (14) social services,
(15) public utilities, (16) racing or wagering, (17) real
estate or construction, (18) telecommunications, (19)
trade or professional association, (20) travel or
tourism, (21) transportation, and (22) other (setting
forth the nature of that other business).
(d) A picture of the registrant.
The registrant must file an amendment to the statement
within 14 calendar days to report any substantial change or
addition to the information previously filed, except that a
registrant must file an amendment to the statement to
disclose a new agreement to retain the registrant for
lobbying services before any service is performed which
requires the person to register, but in any event not later
than 2 business days after entering into the retainer
agreement.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as the Secretary of State has provided adequate
software to the persons required to file, all statements and
amendments to statements required to be filed shall be filed
electronically. The Secretary of State shall promptly make
all filed statements and amendments to statements publicly
available by means of a searchable database that is
accessible through the World Wide Web. The Secretary of State
shall provide all software necessary to comply with this
provision to all persons required to file. The Secretary of
State shall implement a plan to provide computer access and
assistance to persons required to file electronically.
Persons required to register under this Act prior to July
1, 2003, shall remit a single, annual and nonrefundable $50
registration fee. All fees collected for registrations prior
to July 1, 2003, shall be deposited into the Lobbyist
Registration Administration Fund for administration and
enforcement of this Act. Beginning July 1, 2003, all persons
other than entities qualified under Section 501(c)(3) of the
Internal Revenue Code required to register under this Act
shall remit a single, annual, and nonrefundable $350 $300
registration fee. Entities required to register under this
Act which are qualified under Section 501(c)(3) of the
Internal Revenue Code shall remit a single, annual, and
nonrefundable $150 $100 registration fee. Each individual
required to register under this Act shall submit, on an
annual basis, a picture of the registrant. A registrant may,
in lieu of submitting a picture on an annual basis, authorize
the Secretary of State to use any photo identification
available in any database maintained by the Secretary of
State for other purposes. The increases in the fees from $50
to $100 and from $50 to $300 by this amendatory Act of the
93rd General Assembly are in addition to any other fee
increase enacted by the 93rd or any subsequent General
Assembly. Of each registration fee collected for
registrations on or after July 1, 2003, $50 shall be
deposited into the Lobbyist Registration Administration Fund
for administration and enforcement of this Act and is
intended to implement and maintain electronic filing of
reports under this Act, any additional amount collected as a
result of any other fee increase enacted by the 93rd or any
subsequent General Assembly shall be deposited into the
Lobbyist Registration Administration Fund for the purposes
provided by law for that fee increase, the next $100 shall be
deposited into the Lobbyist Registration Administration Fund
for administration and enforcement of this Act, and any
balance shall be deposited into the General Revenue Fund.
(Source: P.A. 93-32)
(Text of Section as amended by 93 HB3412enr.)
Sec. 5. Lobbyist registration and disclosure. Every
person required to register under Section 3 shall before any
service is performed which requires the person to register,
but in any event not later than 2 business days after being
employed or retained, and on or before each January 31 and
July 31 thereafter, file in the Office of the Secretary of
State a written statement containing the following
information with respect to each person or entity employing
or retaining the person required to register:
(a) The registrant's name, permanent address,
e-mail address, if any, fax number, if any, business
telephone number, and temporary address, if the
registrant has a temporary address while lobbying.
(a-5) If the registrant is an organization or
business entity, the information required under
subsection (a) for each person associated with the
registrant who will be lobbying, regardless of whether
lobbying is a significant part of his or her duties.
(b) The name and address of the person or persons
employing or retaining registrant to perform such
services or on whose behalf the registrant appears.
(c) A brief description of the executive,
legislative, or administrative action in reference to
which such service is to be rendered.
(c-5) Each executive and legislative branch agency
the registrant expects to lobby during the registration
period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply:
(1) banking and financial services, (2) manufacturing,
(3) education, (4) environment, (5) healthcare, (6)
insurance, (7) community interests, (8) labor, (9) public
relations or advertising, (10) marketing or sales, (11)
hospitality, (12) engineering, (13) information or
technology products or services, (14) social services,
(15) public utilities, (16) racing or wagering, (17) real
estate or construction, (18) telecommunications, (19)
trade or professional association, (20) travel or
tourism, (21) transportation, and (22) other (setting
forth the nature of that other business).
The registrant must file an amendment to the statement
within 14 calendar days to report any substantial change or
addition to the information previously filed, except that a
registrant must file an amendment to the statement to
disclose a new agreement to retain the registrant for
lobbying services before any service is performed which
requires the person to register, but in any event not later
than 2 business days after entering into the retainer
agreement.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as the Secretary of State has provided adequate
software to the persons required to file, all statements and
amendments to statements required to be filed shall be filed
electronically. The Secretary of State shall promptly make
all filed statements and amendments to statements publicly
available by means of a searchable database that is
accessible through the World Wide Web. The Secretary of State
shall provide all software necessary to comply with this
provision to all persons required to file. The Secretary of
State shall implement a plan to provide computer access and
assistance to persons required to file electronically.
Persons required to register under this Act prior to July
1, 2003, shall, on an annual basis, remit a single, annual
and nonrefundable $50 $100 registration fee. All fees
collected for registrations prior to July 1, 2003, shall be
deposited into the Lobbyist Registration Administration Fund
for administration and enforcement of this Act. Beginning
July 1, 2003, all persons other than entities qualified under
Section 501(c)(3) of the Internal Revenue Code required to
register under this Act shall remit a single, annual, and
nonrefundable $350 registration fee. Entities required to
register under this Act which are qualified under Section
501(c)(3) of the Internal Revenue Code shall remit a single,
annual, and nonrefundable $150 registration fee. Each
individual required to register under this Act shall submit,
on an annual basis, a picture of the registrant and a picture
of the registrant. A registrant may, in lieu of submitting a
picture on an annual basis, authorize the Secretary of State
to use any photo identification available in any database
maintained by the Secretary of State for other purposes. Of
each registration fee collected for registrations on or after
July 1, 2003, $50 All fees shall be deposited into the
Lobbyist Registration Administration Fund for administration
and enforcement of this Act and. The increase in the fee from
$50 to $100 by this amendatory Act and of the 93rd General
Assembly is intended to be used to implement and maintain
electronic filing of reports under this Act, the next $100
shall be deposited into the Lobbyist Registration
Administration Fund for administration and enforcement of
this Act, and any balance shall be deposited into the General
Revenue Fund. and is in addition to any other fee increase
enacted by the 93rd or any subsequent General Assembly.
(Source: 93 HB3412enr.)
Section 990. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 995. Closed sessions; vote requirement. This Act
authorizes the ethics commissions of the executive branch and
legislative branch to conduct closed sessions, hearings, and
meetings in certain circumstances. In order to meet the
requirements of subsection (c) of Section 5 of Article IV of
the Illinois Constitution, the General Assembly determines
that closed sessions, hearings, and meetings of the ethics
commissions, including the ethics commission for the
legislative branch, are required by the public interest.
Thus, this Act is enacted by the affirmative vote of
two-thirds of the members elected to each house of the
General Assembly.
Section 999. Effective date. This Act takes effect upon
becoming law.