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.