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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | |||||||||||||||||||
5 | amended by changing Section 25-5 as follows: | |||||||||||||||||||
6 | (5 ILCS 430/25-5)
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7 | Sec. 25-5. Legislative Ethics Commission.
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8 | (a) The Legislative Ethics Commission is created.
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9 | (b) The Legislative Ethics Commission shall consist of 8
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10 | commissioners appointed 2 each by the
President and Minority | |||||||||||||||||||
11 | Leader of the Senate and the Speaker and Minority Leader
of the | |||||||||||||||||||
12 | House of Representatives.
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13 | The terms of the initial commissioners shall commence upon | |||||||||||||||||||
14 | qualification.
Each appointing authority shall designate one | |||||||||||||||||||
15 | appointee who
shall serve for a 2-year term running through
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16 | June 30, 2005.
Each appointing authority shall designate one | |||||||||||||||||||
17 | appointee who
shall serve for a
4-year term running through | |||||||||||||||||||
18 | June 30, 2007.
The initial appointments shall be made within 60 | |||||||||||||||||||
19 | days
after the effective date of this Act.
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20 | After the initial terms, commissioners shall serve for | |||||||||||||||||||
21 | 4-year terms
commencing on July 1 of the year of appointment | |||||||||||||||||||
22 | and running
through June 30 of the fourth following year. | |||||||||||||||||||
23 | Commissioners may be
reappointed to one or more subsequent |
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1 | terms.
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2 | Vacancies occurring other than at the end of a term shall | ||||||
3 | be filled
by the appointing authority only for the balance of | ||||||
4 | the
term of the commissioner whose office is vacant.
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5 | Terms shall run regardless of whether the position is | ||||||
6 | filled.
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7 | (c) The appointing authorities shall appoint commissioners | ||||||
8 | from the general public who have experience holding | ||||||
9 | governmental office or employment. A person is not eligible to | ||||||
10 | serve as a commissioner if that person (i) has been convicted | ||||||
11 | of a felony or a crime of dishonesty or moral turpitude; (ii) | ||||||
12 | is, or was within the preceding 10 years, engaged in activities | ||||||
13 | that require registration under the Lobbyist Registration Act; | ||||||
14 | (iii) is related to the appointing authority; (iv) is or has | ||||||
15 | been within the preceding 10 years a State officer, a State | ||||||
16 | employee, or an employee or member of the General Assembly; or | ||||||
17 | (v) holds a partisan elected or political party office, or is | ||||||
18 | otherwise an officer or employee of a political committee or | ||||||
19 | political campaign. The appointing authorities shall appoint | ||||||
20 | commissioners who
have experience holding governmental office | ||||||
21 | or employment and may
appoint commissioners who are members of | ||||||
22 | the General Assembly as well as
commissioners from the general | ||||||
23 | public.
A commissioner who is a member of the General Assembly | ||||||
24 | must recuse himself or
herself from participating in any matter | ||||||
25 | relating to any investigation or
proceeding in which he or she | ||||||
26 | is the subject or is a complainant.
A person is not eligible to
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1 | serve as a commissioner if that person (i) has been convicted | ||||||
2 | of a
felony or a crime of dishonesty or moral turpitude, (ii) | ||||||
3 | is, or was
within the preceding 12 months, engaged in | ||||||
4 | activities that
require registration under the Lobbyist | ||||||
5 | Registration Act, (iii) is a
relative of the appointing | ||||||
6 | authority, (iv) is a State officer or employee
other than a | ||||||
7 | member of the General Assembly, or (v) is a candidate for | ||||||
8 | statewide office, federal office, or judicial office.
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9 | (c-5) (Blank). If a commissioner is required to recuse | ||||||
10 | himself or herself from participating in a matter as provided | ||||||
11 | in subsection (c), the recusal shall create a temporary vacancy | ||||||
12 | for the limited purpose of consideration of the matter for | ||||||
13 | which the commissioner recused himself or herself, and the | ||||||
14 | appointing authority for the recusing commissioner shall make a | ||||||
15 | temporary appointment to fill the vacancy for consideration of | ||||||
16 | the matter for which the commissioner recused himself or | ||||||
17 | herself. | ||||||
18 | (d) The Legislative Ethics Commission shall have
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19 | jurisdiction over current and former members of the General | ||||||
20 | Assembly regarding events occurring during a member's term of | ||||||
21 | office and
current and former State
employees regarding events | ||||||
22 | occurring during any period of employment where the State | ||||||
23 | employee's ultimate jurisdictional authority is
(i) a | ||||||
24 | legislative leader, (ii) the Senate Operations Commission, or | ||||||
25 | (iii) the
Joint Committee on Legislative Support Services. The | ||||||
26 | jurisdiction of the
Commission is limited to matters arising |
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1 | under this Act.
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2 | An officer or executive branch State employee serving on a | ||||||
3 | legislative branch board or commission remains subject to the | ||||||
4 | jurisdiction of the Executive Ethics Commission and is not | ||||||
5 | subject to the jurisdiction of the Legislative Ethics | ||||||
6 | Commission. | ||||||
7 | (e) The Legislative Ethics Commission must meet, either
in | ||||||
8 | person or by other technological means, monthly or as
often as | ||||||
9 | necessary. At the first meeting of the Legislative
Ethics | ||||||
10 | Commission, the commissioners shall choose from their
number a | ||||||
11 | chairperson and other officers that they deem appropriate.
The | ||||||
12 | terms of officers shall be for 2 years commencing July 1 and
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13 | running through June 30 of the second following year. Meetings | ||||||
14 | shall be held at
the call
of the chairperson or any 3 | ||||||
15 | commissioners. Official action by the
Commission shall require | ||||||
16 | the affirmative vote of 5 commissioners, and
a quorum shall | ||||||
17 | consist of 5 commissioners. Commissioners shall receive
no | ||||||
18 | compensation but
may be
reimbursed for their reasonable | ||||||
19 | expenses actually incurred in the
performance of their duties.
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20 | (f) No commissioner , other than a commissioner who is a | ||||||
21 | member of the
General
Assembly, or employee of the Legislative
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22 | Ethics Commission may during his or her term of appointment or | ||||||
23 | employment:
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24 | (1) become a candidate for any elective office;
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25 | (2) hold any other elected or appointed public office
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26 | except for appointments on governmental advisory boards
or |
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1 | study commissions or as otherwise expressly authorized by | ||||||
2 | law;
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3 | (3) be actively involved in the affairs of any | ||||||
4 | political party , or political
organization , political | ||||||
5 | committee, or political campaign ; or
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6 | (4) advocate for the appointment of another person to | ||||||
7 | an appointed or elected office or position or actively | ||||||
8 | participate in any campaign for any
elective office.
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9 | (f-5) (Blank). No commissioner who is a member of the | ||||||
10 | General Assembly may be a candidate for statewide office, | ||||||
11 | federal office, or judicial office. If a commissioner who is a | ||||||
12 | member of the General Assembly files petitions to be a | ||||||
13 | candidate for a statewide office, federal office, or judicial | ||||||
14 | office, he or she shall be deemed to have resigned from his or | ||||||
15 | her position as a commissioner on the date his or her name is | ||||||
16 | certified for the ballot by the State Board of Elections or | ||||||
17 | local election authority and his or position as a commissioner | ||||||
18 | shall be deemed vacant. Such person may not be reappointed to | ||||||
19 | the Commission during any time he or she is a candidate for | ||||||
20 | statewide office, federal office, or judicial office. | ||||||
21 | (g) An appointing authority may remove a
commissioner only | ||||||
22 | for cause.
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23 | (h) The Legislative Ethics Commission shall appoint an
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24 | Executive Director subject to the approval of at least 3 of the | ||||||
25 | 4 legislative leaders. The compensation of the Executive | ||||||
26 | Director shall
be as determined by the Commission. The |
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1 | Executive Director of the Legislative
Ethics Commission may | ||||||
2 | employ, subject to the approval of at least 3 of the 4 | ||||||
3 | legislative leaders, and determine the
compensation of staff, | ||||||
4 | as appropriations permit.
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5 | (i) In consultation with the Legislative Inspector | ||||||
6 | General, the Legislative Ethics Commission may develop | ||||||
7 | comprehensive training for members and employees under its | ||||||
8 | jurisdiction that includes, but is not limited to, sexual | ||||||
9 | harassment, employment discrimination, and workplace civility. | ||||||
10 | The training may be recommended to the ultimate jurisdictional | ||||||
11 | authorities and may be approved by the Commission to satisfy | ||||||
12 | the sexual harassment training required under Section 5-10.5 or | ||||||
13 | be provided in addition to the annual sexual harassment | ||||||
14 | training required under Section 5-10.5. The Commission may seek | ||||||
15 | input from governmental agencies or private entities for | ||||||
16 | guidance in developing such training. | ||||||
17 | (Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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