101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3661

 

Introduced 2/14/2020, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-63 new
5 ILCS 430/25-5

    Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from any leadership position or committee assignment held by that person. Provides that if the charges are dropped or dismissed, or the member is acquitted of the crime, his or her leadership position or committee assignment shall not be automatically restored, but he or she shall once again be eligible to hold a leadership position or committee assignment. Provides that any person serving as a commissioner of the Legislative Ethics Commission shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from his or her position as a commissioner of the Commission. Provides that if the charges are dropped or dismissed, or the former commissioner is acquitted of the crime, his or her position as a commissioner shall not be automatically restored, but he or she shall once again be eligible to hold a position as a commissioner. Makes a conforming changes.


LRB101 20202 RJF 69742 b

 

 

A BILL FOR

 

SB3661LRB101 20202 RJF 69742 b

1    AN ACT concerning ethics.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 25-5 and by adding Section 5-63 as
6follows:
 
7    (5 ILCS 430/5-63 new)
8    Sec. 5-63. Removal from legislative leadership;
9Legislative Ethics Commission.
10    (a) Any member of the General Assembly shall, upon being
11charged with a crime or the return of an indictment for a
12crime, be immediately removed from any leadership position or
13committee assignment held by that person. If the charges are
14dropped or dismissed, or the member is acquitted of the crime,
15his or her leadership position or committee assignment shall
16not be automatically restored, but he or she shall once again
17be eligible to hold a leadership position or committee
18assignment.
19    (b) Any person serving as a commissioner of the Legislative
20Ethics Commission shall, upon being charged with a crime or the
21return of an indictment for a crime, be immediately removed
22from his or her position as a commissioner of the Commission,
23and that vacancy shall be filled as provided under Section

 

 

SB3661- 2 -LRB101 20202 RJF 69742 b

125-5. If the charges are dropped or dismissed, or the former
2commissioner is acquitted of the crime, his or her position as
3a commissioner shall not be automatically restored, but he or
4she shall once again be eligible to hold a position as a
5commissioner.
 
6    (5 ILCS 430/25-5)
7    Sec. 25-5. Legislative Ethics Commission.
8    (a) The Legislative Ethics Commission is created.
9    (b) The Legislative Ethics Commission shall consist of 8
10commissioners appointed 2 each by the President and Minority
11Leader of the Senate and the Speaker and Minority Leader of the
12House of Representatives.
13    The terms of the initial commissioners shall commence upon
14qualification. Each appointing authority shall designate one
15appointee who shall serve for a 2-year term running through
16June 30, 2005. Each appointing authority shall designate one
17appointee who shall serve for a 4-year term running through
18June 30, 2007. The initial appointments shall be made within 60
19days after the effective date of this Act.
20    After the initial terms, commissioners shall serve for
214-year terms commencing on July 1 of the year of appointment
22and running through June 30 of the fourth following year.
23Commissioners may be reappointed to one or more subsequent
24terms.
25    Vacancies occurring other than at the end of a term shall

 

 

SB3661- 3 -LRB101 20202 RJF 69742 b

1be filled by the appointing authority only for the balance of
2the term of the commissioner whose office is vacant.
3    Terms shall run regardless of whether the position is
4filled.
5    (c) The appointing authorities shall appoint commissioners
6who have experience holding governmental office or employment
7and may appoint commissioners who are members of the General
8Assembly as well as commissioners from the general public. A
9commissioner who is a member of the General Assembly must
10recuse himself or herself from participating in any matter
11relating to any investigation or proceeding in which he or she
12is the subject or is a complainant. A person is not eligible to
13serve as a commissioner if that person (i) has been convicted
14of a felony or a crime of dishonesty or moral turpitude, (ii)
15is, or was within the preceding 12 months, engaged in
16activities that require registration under the Lobbyist
17Registration Act, (iii) is a relative of the appointing
18authority, (iv) is a State officer or employee other than a
19member of the General Assembly, or (v) is a candidate for
20statewide office, federal office, or judicial office.
21    (c-3) If a commissioner during his or her term of service
22is either charged with or indicted for a crime, he or she shall
23be immediately removed from his or her position as a
24commissioner as provided under subsection (b) of Section 5-63.
25    (c-5) If a commissioner is required to recuse himself or
26herself from participating in a matter as provided in

 

 

SB3661- 4 -LRB101 20202 RJF 69742 b

1subsection (c), the recusal shall create a temporary vacancy
2for the limited purpose of consideration of the matter for
3which the commissioner recused himself or herself, and the
4appointing authority for the recusing commissioner shall make a
5temporary appointment to fill the vacancy for consideration of
6the matter for which the commissioner recused himself or
7herself.
8    (d) The Legislative Ethics Commission shall have
9jurisdiction over current and former members of the General
10Assembly regarding events occurring during a member's term of
11office and current and former State employees regarding events
12occurring during any period of employment where the State
13employee's ultimate jurisdictional authority is (i) a
14legislative leader, (ii) the Senate Operations Commission, or
15(iii) the Joint Committee on Legislative Support Services. The
16Legislative Ethics Commission shall have jurisdiction over
17complainants and respondents in violation of subsection (d) of
18Section 25-90. The jurisdiction of the Commission is limited to
19matters arising under this Act.
20    An officer or executive branch State employee serving on a
21legislative branch board or commission remains subject to the
22jurisdiction of the Executive Ethics Commission and is not
23subject to the jurisdiction of the Legislative Ethics
24Commission.
25    (e) The Legislative Ethics Commission must meet, either in
26person or by other technological means, monthly or as often as

 

 

SB3661- 5 -LRB101 20202 RJF 69742 b

1necessary. At the first meeting of the Legislative Ethics
2Commission, the commissioners shall choose from their number a
3chairperson and other officers that they deem appropriate. The
4terms of officers shall be for 2 years commencing July 1 and
5running through June 30 of the second following year. Meetings
6shall be held at the call of the chairperson or any 3
7commissioners. Official action by the Commission shall require
8the affirmative vote of 5 commissioners, and a quorum shall
9consist of 5 commissioners. Commissioners shall receive no
10compensation but may be reimbursed for their reasonable
11expenses actually incurred in the performance of their duties.
12    (f) No commissioner, other than a commissioner who is a
13member of the General Assembly, or employee of the Legislative
14Ethics Commission may during his or her term of appointment or
15employment:
16        (1) become a candidate for any elective office;
17        (2) hold any other elected or appointed public office
18    except for appointments on governmental advisory boards or
19    study commissions or as otherwise expressly authorized by
20    law;
21        (3) be actively involved in the affairs of any
22    political party or political organization; or
23        (4) advocate for the appointment of another person to
24    an appointed or elected office or position or actively
25    participate in any campaign for any elective office.
26    (f-5) No commissioner who is a member of the General

 

 

SB3661- 6 -LRB101 20202 RJF 69742 b

1Assembly may be a candidate for statewide office, federal
2office, or judicial office. If a commissioner who is a member
3of the General Assembly files petitions to be a candidate for a
4statewide office, federal office, or judicial office, he or she
5shall be deemed to have resigned from his or her position as a
6commissioner on the date his or her name is certified for the
7ballot by the State Board of Elections or local election
8authority and his or her position as a commissioner shall be
9deemed vacant. Such person may not be reappointed to the
10Commission during any time he or she is a candidate for
11statewide office, federal office, or judicial office.
12    (g) An appointing authority may remove a commissioner only
13for cause.
14    (h) The Legislative Ethics Commission shall appoint an
15Executive Director subject to the approval of at least 3 of the
164 legislative leaders. The compensation of the Executive
17Director shall be as determined by the Commission. The
18Executive Director of the Legislative Ethics Commission may
19employ, subject to the approval of at least 3 of the 4
20legislative leaders, and determine the compensation of staff,
21as appropriations permit.
22    (i) In consultation with the Legislative Inspector
23General, the Legislative Ethics Commission may develop
24comprehensive training for members and employees under its
25jurisdiction that includes, but is not limited to, sexual
26harassment, employment discrimination, and workplace civility.

 

 

SB3661- 7 -LRB101 20202 RJF 69742 b

1The training may be recommended to the ultimate jurisdictional
2authorities and may be approved by the Commission to satisfy
3the sexual harassment training required under Section 5-10.5 or
4be provided in addition to the annual sexual harassment
5training required under Section 5-10.5. The Commission may seek
6input from governmental agencies or private entities for
7guidance in developing such training.
8(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
9101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)