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Public Act 097-0677 Public Act 0677 97TH GENERAL ASSEMBLY |
Public Act 097-0677 | SB1640 Enrolled | LRB097 06013 KTG 46084 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The State Officials and Employees Ethics Act is | amended by changing Section 20-5 as follows: | (5 ILCS 430/20-5)
| 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 Executive Ethics Commission shall have | jurisdiction over all board members and employees of Regional | Transit Boards. The jurisdiction of the
Commission is limited | to matters arising under this Act, except as provided in | subsection (d-5).
| A member or legislative branch State employee serving on an | executive branch board or commission remains subject to the | jurisdiction of the Legislative Ethics Commission and is not | subject to the jurisdiction of the Executive Ethics Commission. | (d-5) The Executive Ethics Commission shall have | jurisdiction over all chief procurement officers and | procurement compliance monitors and their respective staffs. | The Executive Ethics Commission shall have jurisdiction over |
| any matters arising under the Illinois Procurement Code if the | Commission is given explicit authority in that Code. | (d-6) (1) The Executive Ethics Commission shall have | jurisdiction over the Illinois Power Agency and its staff. The | Director of the Agency shall be appointed by a majority of the | commissioners of the Executive Ethics Commission, subject to | Senate confirmation, for a term of 2 years ; provided that, | notwithstanding any other provision of State law, the term of | the Director holding the position on the effective date of this | amendatory Act of the 97th General Assembly shall expire on | December 31, 2013 . The Director is removable for cause by a | majority of the Commission upon a finding of neglect, | malfeasance, absence, or incompetence. | (2) In case of a vacancy in the office of Director of | the Illinois Power Agency during a recess of the Senate, the | Executive Ethics Commission may make a temporary appointment | until the next meeting of the Senate, at which time the | Executive Ethics Commission shall nominate some person to fill | the office, and any person so nominated who is confirmed by the | Senate shall hold office during the remainder of the term and | until his or her successor is appointed and qualified. Nothing | in this subsection shall prohibit the Executive Ethics | Commission from removing a temporary appointee or from | appointing a temporary appointee as the Director of the | Illinois Power Agency. | (3) Prior to June 1, 2012, the Executive Ethics |
| Commission may, until the Director of the Illinois Power Agency | is appointed and qualified or a temporary appointment is made | pursuant to paragraph (2) of this subsection, designate some | person as an acting Director to execute the powers and | discharge the duties vested by law in that Director. An acting | Director shall serve no later than 60 calendar days, or upon | the making of an appointment pursuant to paragraph (1) or (2) | of this subsection, whichever is earlier. Nothing in this | subsection shall prohibit the Executive Ethics Commission from | removing an acting Director or from appointing an acting | Director as the Director of the Illinois Power Agency. | (4) No person rejected by the Senate for the office of | Director of the Illinois Power Agency shall, except at the | Senate's request, be nominated again for that office at the | same session or be appointed to that office during a recess of | that Senate. | (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) advocate for the appointment of another person to | an appointed or elected office or position or 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. The Executive
| Director of the Executive Ethics Commission may employ and | determine the
compensation of staff, as appropriations permit.
| (i) The Executive Ethics Commission shall appoint, by a |
| majority of the members appointed to the Commission, chief | procurement officers and procurement compliance monitors in | accordance with the provisions of the Illinois Procurement | Code. The compensation of a chief procurement officer and | procurement compliance monitor shall be determined by the | Commission. | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | 97-618, eff. 10-26-11 .)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 2/6/2012
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