093_HB3819
LRB093 12187 JAM 17367 b
1 AN ACT concerning ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. If any only if House Bill 3412 as passed by
5 the 93rd General Assembly becomes law, the State Officials
6 and Employees Ethics Act is amended by changing Sections 1-5,
7 5-5, 5-10, 15-25, 50-5, 70-5, and 70-15 and by adding
8 Articles 10, 20, 25, and 30 as follows:
9 (93 HB3412enr. Art. 1, Sec. 1-5)
10 Sec. 1-5. Definitions. As used in this Act:
11 "Appointee" means a person appointed to a position in or
12 with a State agency, regardless of whether the position is
13 compensated.
14 "Campaign for elective office" means any activity in
15 furtherance of an effort to influence the selection,
16 nomination, election, or appointment of any individual to any
17 federal, State, or local public office or office in a
18 political organization, or the selection, nomination, or
19 election of Presidential or Vice-Presidential electors, but
20 does not include activities (i) relating to the support or
21 opposition of any executive, legislative, or administrative
22 action (as those terms are defined in Section 2 of the
23 Lobbyist Registration Act), (ii) relating to collective
24 bargaining, or (iii) that are otherwise in furtherance of the
25 person's official State duties.
26 "Candidate" means a person who has filed nominating
27 papers or petitions for nomination or election to an elected
28 State office, or who has been appointed to fill a vacancy in
29 nomination, and who remains eligible for placement on the
30 ballot at either a general primary election or general
31 election.
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1 "Collective bargaining" has the same meaning as that term
2 is defined in Section 3 of the Illinois Public Labor
3 Relations Act.
4 "Commission" means an ethics commission created by this
5 Act.
6 "Compensated time" means any time worked by or credited
7 to a State employee that counts toward any minimum work time
8 requirement imposed as a condition of employment with a State
9 agency, but does not include any designated State holidays or
10 any period when the employee is on a leave of absence.
11 "Compensatory time off" means authorized time off earned
12 by or awarded to a State employee to compensate in whole or
13 in part for time worked in excess of the minimum work time
14 required of that employee as a condition of employment with a
15 State agency.
16 "Contribution" has the same meaning as that term is
17 defined in Section 9-1.4 of the Election Code.
18 "Employee" means (i) any person employed full-time,
19 part-time, or pursuant to a contract and whose employment
20 duties are subject to the direction and control of an
21 employer with regard to the material details of how the work
22 is to be performed; or (ii) any appointee.
23 "Executive branch constitutional officer" means the
24 Governor, Lieutenant Governor, Attorney General, Secretary of
25 State, Comptroller, and Treasurer.
26 "Gift" means any gratuity, discount, entertainment,
27 hospitality, loan, forbearance, or other tangible or
28 intangible item having monetary value including, but not
29 limited to, cash, food and drink, and honoraria for speaking
30 engagements related to or attributable to government
31 employment or the official position of an employee, member,
32 or officer.
33 "Governmental entity" means a unit of local government or
34 a school district but not a State agency.
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1 "Leave of absence" means any period during which a State
2 employee does not receive (i) compensation for State
3 employment, (ii) service credit towards State pension
4 benefits, and (iii) health insurance benefits paid for by the
5 State.
6 "Legislative branch constitutional officer" means a
7 member of the General Assembly and the Auditor General.
8 "Legislative leader" means the President and Minority
9 Leader of the Senate and the Speaker and Minority Leader of
10 the House of Representatives.
11 "Member" means a member of the General Assembly.
12 "Officer" means a State constitutional officer of the
13 executive or legislative branch.
14 "Political" means any activity in support of or in
15 connection with any campaign for elective office or any
16 political organization, but does not include activities (i)
17 relating to the support or opposition of any executive,
18 legislative, or administrative action (as those terms are
19 defined in Section 2 of the Lobbyist Registration Act), (ii)
20 relating to collective bargaining, or (iii) that are
21 otherwise in furtherance of the person's official State
22 duties.
23 "Political organization" means a party, committee,
24 association, fund, or other organization (whether or not
25 incorporated) that is required to file a statement of
26 organization with the State Board of Elections or a county
27 clerk under Section 9-3 of the Election Code, but only with
28 regard to those activities that require filing with the State
29 Board of Elections or a county clerk.
30 "Prohibited political activity" means:
31 (1) Preparing for, organizing, or participating in
32 any political meeting, political rally, political
33 demonstration, or other political event.
34 (2) Soliciting contributions, including but not
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1 limited to the purchase of, selling, distributing, or
2 receiving payment for tickets for any political
3 fundraiser, political meeting, or other political event.
4 (3) Soliciting, planning the solicitation of, or
5 preparing any document or report regarding any thing of
6 value intended as a campaign contribution.
7 (4) Planning, conducting, or participating in a
8 public opinion poll in connection with a campaign for
9 elective office or on behalf of a political organization
10 for political purposes or for or against any referendum
11 question.
12 (5) Surveying or gathering information from
13 potential or actual voters in an election to determine
14 probable vote outcome in connection with a campaign for
15 elective office or on behalf of a political organization
16 for political purposes or for or against any referendum
17 question.
18 (6) Assisting at the polls on election day on
19 behalf of any political organization or candidate for
20 elective office or for or against any referendum
21 question.
22 (7) Soliciting votes on behalf of a candidate for
23 elective office or a political organization or for or
24 against any referendum question or helping in an effort
25 to get voters to the polls.
26 (8) Initiating for circulation, preparing,
27 circulating, reviewing, or filing any petition on behalf
28 of a candidate for elective office or for or against any
29 referendum question.
30 (9) Making contributions on behalf of any candidate
31 for elective office in that capacity or in connection
32 with a campaign for elective office.
33 (10) Preparing or reviewing responses to candidate
34 questionnaires.
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1 (11) Distributing, preparing for distribution, or
2 mailing campaign literature, campaign signs, or other
3 campaign material on behalf of any candidate for elective
4 office or for or against any referendum question.
5 (12) Campaigning for any elective office or for or
6 against any referendum question.
7 (13) Managing or working on a campaign for elective
8 office or for or against any referendum question.
9 (14) Serving as a delegate, alternate, or proxy to
10 a political party convention.
11 (15) Participating in any recount or challenge to
12 the outcome of any election, except to the extent that
13 under subsection (d) of Section 6 of Article IV of the
14 Illinois Constitution each house of the General Assembly
15 shall judge the elections, returns, and qualifications of
16 its members.
17 "Prohibited source" means any person or entity who:
18 (1) is seeking official action (i) by the member or
19 officer or (ii) in the case of an employee, by the
20 employee or by the member, officer, State agency, or
21 other employee directing the employee;
22 (2) does business or seeks to do business (i) with
23 the member or officer or (ii) in the case of an employee,
24 with the employee or with the member, officer, State
25 agency, or other employee directing the employee;
26 (3) conducts activities regulated (i) by the member
27 or officer or (ii) in the case of an employee, by the
28 employee or by the member, officer, State agency, or
29 other employee directing the employee;
30 (4) has interests that may be substantially
31 affected by the performance or non-performance of the
32 official duties of the member, officer, or employee; or
33 (5) is registered or required to be registered with
34 the Secretary of State under the Lobbyist Registration
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1 Act, except that an entity not otherwise a prohibited
2 source does not become a prohibited source merely because
3 a registered lobbyist is one of its members or serves on
4 its board of directors.
5 "State agency" includes all officers, boards, commissions
6 and agencies created by the Constitution, whether in the
7 executive or legislative branch; all officers, departments,
8 boards, commissions, agencies, institutions, authorities,
9 public institutions of higher learning as defined in Section
10 2 of the Higher Education Cooperation Act, and bodies politic
11 and corporate of the State; and administrative units or
12 corporate outgrowths of the State government which are
13 created by or pursuant to statute, other than units of local
14 government and their officers, school districts, and boards
15 of election commissioners; and all administrative units and
16 corporate outgrowths of the above and as may be created by
17 executive order of the Governor. "State agency" includes the
18 General Assembly, the Senate, the House of Representatives,
19 the President and Minority Leader of the Senate, the Speaker
20 and Minority Leader of the House of Representatives, the
21 Senate Operations Commission, and the legislative support
22 services agencies. "State agency" includes the Office of the
23 Auditor General. "State agency" does not include the judicial
24 branch.
25 "State employee" means any employee of a State agency.
26 "Ultimate jurisdictional authority" means the following:
27 (1) For members, legislative partisan staff, and
28 legislative secretaries, the appropriate legislative
29 leader: President of the Senate, Minority Leader of the
30 Senate, Speaker of the House of Representatives, or
31 Minority Leader of the House of Representatives.
32 (2) For State employees who are professional staff
33 or employees of the Senate and not covered under item
34 (1), the Senate Operations Commission.
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1 (3) For State employees who are professional staff
2 or employees of the House of Representatives and not
3 covered under item (1), the Speaker of the House of
4 Representatives.
5 (4) For State employees who are employees of the
6 legislative support services agencies, the Joint
7 Committee on Legislative Support Services.
8 (5) For State employees of the Auditor General, the
9 Auditor General.
10 (6) For State employees of public institutions of
11 higher learning as defined in Section 2 of the Higher
12 Education Cooperation Act, the board of trustees of the
13 appropriate public institution of higher learning.
14 (7) For State employees of an executive branch
15 constitutional officer other than those described in
16 paragraph (6), the appropriate executive branch
17 constitutional officer.
18 (8) For State employees not under the jurisdiction
19 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
20 Governor.
21 (Source: 93HB3412enr.)
22 (93 HB3412enr. Art. 5, Sec. 5-5)
23 Sec. 5-5. Personnel policies.
24 (a) Each of the following shall adopt and implement
25 personnel policies for all State employees under his, her, or
26 its jurisdiction and control: (i) each executive branch
27 constitutional officer, (ii) each legislative leader, (iii)
28 the Senate Operations Commission, with respect to legislative
29 employees under Section 4 of the General Assembly Operations
30 Act, (iv) the Speaker of the House of Representatives, with
31 respect to legislative employees under Section 5 of the
32 General Assembly Operations Act, (v) the Joint Committee on
33 Legislative Support Services, with respect to State employees
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1 of the legislative support services agencies, (vi) members of
2 the General Assembly, with respect to legislative assistants,
3 as provided in Section 4 of the General Assembly Compensation
4 Act, (vii) the Auditor General, (viii) the Board of Higher
5 Education, with respect to State employees of public
6 institutions of higher learning except community colleges,
7 and (ix) the Illinois Community College Board, with respect
8 to State employees of community colleges. The Governor shall
9 adopt and implement those policies for all State employees of
10 the executive branch not under the jurisdiction and control
11 of any other executive branch constitutional officer.
12 (b) The policies required under subsection (a) shall be
13 filed with the appropriate ethics commission established
14 under this Act or, for the Auditor General, with the Office
15 of the Auditor General.
16 (c)(b) The policies required under subsection (a) shall
17 include policies relating to work time requirements,
18 documentation of time worked, documentation for reimbursement
19 for travel on official State business, compensation, and the
20 earning or accrual of State benefits for all State employees
21 who may be eligible to receive those benefits. The policies
22 shall comply with and be consistent with all other applicable
23 laws. For State employees of the legislative branch, the
24 policies shall require those employees to periodically submit
25 time sheets documenting the time spent each day on official
26 State business to the nearest quarter hour; contractual
27 employees of the legislative branch may satisfy the time
28 sheets requirement by complying with the terms of their
29 contract, which shall provide for a means of compliance with
30 this requirement. The policies for State employees of the
31 legislative branch shall require those time sheets to be
32 submitted on paper, electronically, or both and to be
33 maintained in either paper or electronic format by the
34 applicable fiscal office for a period of at least 2 years.
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1 (Source: 93HB3412enr.)
2 (93 HB3412enr. Art. 5, Sec. 5-10)
3 Sec. 5-10. Ethics training. Each officer and employee
4 must complete, at least annually, an ethics training program
5 conducted by the appropriate State agency. Each ultimate
6 jurisdictional authority must implement an ethics training
7 program for its officers and employees. These ethics training
8 programs shall be overseen by the appropriate Inspector
9 General appointed pursuant to this Act working with the
10 Office of the Attorney General.
11 Each Inspector General shall set standards and determine
12 the hours and frequency of training necessary for each
13 position or category of positions. A person who fills a
14 vacancy in an elective or appointed position that requires
15 training and a person employed in a position that requires
16 training must complete his or her initial ethics training
17 within 6 months after commencement of his or her office or
18 employment.
19 Ethics training. Each officer and employee must
20 complete, at least annually, an ethics training program
21 conducted by the appropriate ethics officer appointed under
22 the State Gift Ban Act. Each ultimate jurisdictional
23 authority must implement an ethics training program for its
24 officers and employees. A person who fills a vacancy in an
25 elective or appointed position that requires training and a
26 person employed in a position that requires training must
27 complete his or her initial ethics training within 6 months
28 after commencement of his or her office or employment.
29 (Source: 93HB3412enr.)
30 (93 HB3412enr. Art. 10 heading new)
31 ARTICLE 10
32 GIFT BAN
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1 (93 HB3412enr. Sec. 10-10 new)
2 Sec. 10-10. Gift ban. Except as otherwise provided in
3 this Article, no member, officer, or employee shall
4 intentionally solicit or accept any gift from any prohibited
5 source or in violation of any federal or State statute, rule,
6 or regulation. This ban applies to and includes the spouse of
7 and immediate family living with the member, officer, or
8 employee. No prohibited source shall intentionally offer or
9 make a gift that violates this Section.
10 (93 HB3412enr. Sec. 10-15 new)
11 Sec. 10-15. Gift ban; exceptions. The restriction in
12 Section 10-10 does not apply to the following:
13 (1) Opportunities, benefits, and services that are
14 available on the same conditions as for the general public.
15 (2) A contribution that is lawfully made under the
16 Election Code or under this Act or attendance at a
17 fundraising event sponsored by a political organization.
18 (3) Educational materials and missions, subject to rules
19 adopted by the appropriate ethics commission or by the
20 Auditor General for the Auditor General and employees of the
21 Office of the Auditor General.
22 (4) Travel expenses for a meeting to discuss State
23 business, subject to rules adopted by the appropriate ethics
24 commission or by the Auditor General for the Auditor General
25 and employees of the Office of the Auditor General.
26 (5) A gift from a relative, meaning those people related
27 to the individual as father, mother, son, daughter, brother,
28 sister, uncle, aunt, great aunt, great uncle, first cousin,
29 nephew, niece, husband, wife, grandfather, grandmother,
30 grandson, granddaughter, father-in-law, mother-in-law,
31 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
32 stepfather, stepmother, stepson, stepdaughter, stepbrother,
33 stepsister, half brother, half sister, and including the
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1 father, mother, grandfather, or grandmother of the
2 individual's spouse and the individual's fiance or fiancee.
3 (6) Anything provided by an individual on the basis of a
4 personal friendship unless the member, officer, or employee
5 has reason to believe that, under the circumstances, the gift
6 was provided because of the official position or employment
7 of the member, officer, or employee and not because of the
8 personal friendship.
9 In determining whether a gift is provided on the basis of
10 personal friendship, the member, officer, or employee shall
11 consider the circumstances under which the gift was offered,
12 such as:
13 (i) the history of the relationship between the
14 individual giving the gift and the recipient of the gift,
15 including any previous exchange of gifts between those
16 individuals;
17 (ii) whether to the actual knowledge of the member,
18 officer, or employee the individual who gave the gift
19 personally paid for the gift or sought a tax deduction or
20 business reimbursement for the gift; and
21 (iii) whether to the actual knowledge of the
22 member, officer, or employee the individual who gave the
23 gift also at the same time gave the same or similar gifts
24 to other members, officers, or employees.
25 (7) Food or refreshments not exceeding $75 per person in
26 value on a single calendar day; provided that the food or
27 refreshments are (i) consumed on the premises from which they
28 were purchased or prepared or (ii) catered. For the purposes
29 of this Section, "catered" means food or refreshments that
30 are purchased ready to eat and delivered by any means.
31 (8) Intra-governmental and inter-governmental gifts.
32 For the purpose of this Act, "intra-governmental gift" means
33 any gift given to a member, officer, or employee of a State
34 agency from another member, officer, or employee of the same
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1 State agency; and "inter-governmental gift" means any gift
2 given to a member, officer, or employee of a State agency, by
3 a member, officer, or employee of another State agency, of a
4 federal agency, or of any governmental entity.
5 (9) Bequests, inheritances, and other transfers at
6 death.
7 (10) Any item or items from any one prohibited source
8 during any calendar year having a cumulative total value of
9 less than $100.
10 Each of the exceptions listed in this Section is mutually
11 exclusive and independent of one another.
12 (93 HB3412enr. Sec. 10-30 new)
13 Sec. 10-30. Gift ban; disposition of gifts. A member,
14 officer, or employee does not violate this Act if the member,
15 officer, or employee promptly takes reasonable action to
16 return the prohibited gift to its source or gives the gift or
17 an amount equal to its value to an appropriate charity that
18 is exempt from income taxation under Section 501 (c)(3) of
19 the Internal Revenue Code of 1986, as now or hereafter
20 amended, renumbered, or succeeded.
21 (93 HB3412enr. Sec. 10-40 new)
22 Sec. 10-40. Gift ban; further restrictions. A State
23 agency may adopt or maintain policies that are more
24 restrictive than those set forth in this Article and may
25 continue to follow any existing policies, statutes, or
26 regulations that are more restrictive or are in addition to
27 those set forth in this Article.
28 (93 HB3412enr. Art. 15, Sec. 15-25)
29 Sec. 15-25. Remedies. An action to obtain civil remedies
30 for a violation of this Article may be initiated by a State
31 employee only after a finding by an ethics commission that a
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1 violation of this Article has occurred or upon authorization
2 by the Attorney General. The action shall be commenced in a
3 circuit court of venue within one year after the required
4 finding by the ethics commission or authorization by the
5 Attorney General has been made. The proceeding before the
6 circuit court shall be de novo, and the Administrative Review
7 Law shall not apply to a proceeding under this Article. The
8 State employee may be awarded all remedies necessary to make
9 the State employee whole and to prevent future violations of
10 this Article. Remedies imposed by the court may include, but
11 are not limited to, all of the following:
12 (1) reinstatement of the employee to either the same
13 position held before the retaliatory action or to an
14 equivalent position;
15 (2) 2 times the amount of back pay;
16 (3) interest on the back pay;
17 (4) the reinstatement of full fringe benefits and
18 seniority rights; and
19 (5) the payment by the officer, member, or other State
20 employee of reasonable attorneys' fees.
21 Remedies. The State employee may be awarded all remedies
22 necessary to make the State employee whole and to prevent
23 future violations of this Article. Remedies imposed by the
24 court may include, but are not limited to, all of the
25 following:
26 (1) reinstatement of the employee to either the same
27 position held before the retaliatory action or to an
28 equivalent position;
29 (2) 2 times the amount of back pay;
30 (3) interest on the back pay; and
31 (4) the reinstatement of full fringe benefits and
32 seniority rights.
33 (Source: 93HB3412enr.)
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1 (93 HB3412enr. Art. 20 heading new)
2 ARTICLE 20
3 EXECUTIVE ETHICS COMMISSION AND
4 EXECUTIVE INSPECTOR GENERAL
5 (93 HB3412enr. Sec. 20-5 new)
6 Sec. 20-5. Executive Ethics Commission.
7 (a) The Executive Ethics Commission is created.
8 (b) The Executive Ethics Commission shall consist of 9
9 commissioners, each confirmed by a three-fifths vote of the
10 Senate. The Governor shall appoint 5 commissioners, and the
11 Attorney General, Secretary of State, Comptroller, and
12 Treasurer shall each appoint one commissioner. If the Senate
13 is in recess, the appointing authority may make a temporary
14 appointment until the next meeting of the Senate, when the
15 appointing authority shall make a nomination to fill the
16 office. No more than 5 commissioners may be of the same
17 political party.
18 The terms of the initial commissioners shall commence on
19 July 1, 2003. Four initial appointees of the Governor, as
20 designated by the Governor, shall serve terms running through
21 June 30, 2007. One initial appointee of the Governor, as
22 designated by the Governor, and the initial appointees of the
23 Attorney General, Secretary of State, Comptroller, and
24 Treasurer shall serve terms running through June 30, 2008.
25 The initial appointments shall be made within 60 days after
26 the effective date of this Act.
27 After the initial terms, commissioners shall serve for
28 4-year terms commencing on July 1 of the year of appointment
29 and running through June 30 of the fourth following year.
30 Commissioners may be reappointed to one or more subsequent
31 terms.
32 Vacancies occurring other than at the end of a term shall
33 be filled by the appointing authority only for the balance of
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1 the term of the commissioner whose office is vacant.
2 Terms shall run regardless of whether the position is
3 filled.
4 (c) The appointing authorities shall appoint
5 commissioners who have experience holding governmental office
6 or employment and shall appoint commissioners from the
7 general public. A person is not eligible to serve as a
8 commissioner if that person (i) has been convicted of a
9 felony or a crime of dishonesty or moral turpitude, (ii) is,
10 or was within the preceding 12 months, engaged in activities
11 that require registration under the Lobbyist Registration
12 Act, (iii) is related to the appointing authority, or (iv) is
13 a State officer or employee.
14 (d) The Executive Ethics Commission shall have
15 jurisdiction over all officers and employees of State
16 agencies other than the General Assembly, the Senate, the
17 House of Representatives, the President and Minority Leader
18 of the Senate, the Speaker and Minority Leader of the House
19 of Representatives, the Senate Operations Commission, the
20 legislative support services agencies, and the Office of the
21 Auditor General. The jurisdiction of the Commission is
22 limited to matters arising under this Act.
23 (e) The Executive Ethics Commission must meet, either in
24 person or by other technological means, at least monthly and
25 as often as necessary. At the first meeting of the Executive
26 Ethics Commission, the commissioners shall choose from their
27 number a chairperson and other officers that they deem
28 appropriate. The terms of officers shall be for 2 years
29 commencing July 1 and running through June 30 of the second
30 following year. Meetings shall be held at the call of the
31 chairperson or any 3 commissioners. Official action by the
32 Commission shall require the affirmative vote of 5
33 commissioners, and a quorum shall consist of 5 commissioners.
34 Commissioners shall receive no compensation, but may be
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1 reimbursed for their reasonable expenses actually incurred in
2 the performance of their duties.
3 (f) No commissioner or employee of the Executive Ethics
4 Commission may during his or her term of appointment or
5 employment:
6 (1) become a candidate for any elective office;
7 (2) hold any other elected or appointed public
8 office except for appointments on governmental advisory
9 boards or study commissions or as otherwise expressly
10 authorized by law;
11 (3) be actively involved in the affairs of any
12 political party or political organization; or
13 (4) actively participate in any campaign for any
14 elective office.
15 (g) An appointing authority may remove a commissioner
16 only for cause.
17 (h) The Executive Ethics Commission shall appoint an
18 Executive Director. The compensation of the Executive
19 Director shall be as determined by the Commission or by the
20 Compensation Review Board, whichever amount is higher. The
21 Executive Director of the Executive Ethics Commission may
22 employ and determine the compensation of staff, as
23 appropriations permit.
24 (93 HB3412enr. Sec. 20-10 new)
25 Sec. 20-10. Offices of Executive Inspectors General.
26 (a) Five Offices of the Executive Inspector General are
27 created. Each Office shall be under the direction and
28 supervision of an Executive Inspector General.
29 (b) The Governor, Attorney General, Secretary of State,
30 Comptroller, and Treasurer shall each appoint an Executive
31 Inspector General, without regard to political affiliation
32 and solely on the basis of integrity and demonstrated
33 ability. Each Executive Inspector General shall be confirmed
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1 by a three-fifths vote of the Senate. If the Senate is in
2 recess, the appointing authority may make a temporary
3 appointment until the next meeting of the Senate, when the
4 appointing authority shall make a nomination to fill the
5 office.
6 Nothing in this Article precludes the appointment by the
7 Governor, Attorney General, Secretary of State, Comptroller,
8 or Treasurer of any other inspector general required or
9 permitted by law. The Governor, Attorney General, Secretary
10 of State, Comptroller, and Treasurer each may appoint an
11 existing inspector general as the Executive Inspector General
12 required by this Article, provided that such an inspector
13 general is not prohibited by law, rule, jurisdiction,
14 qualification, or interest from serving as the Executive
15 Inspector General required by this Article. An appointing
16 authority may not appoint a relative as an Executive
17 Inspector General.
18 Each Executive Inspector General shall have the following
19 qualifications:
20 (1) has not been convicted of any felony under the
21 laws of this State, another State, or the United States;
22 (2) has earned a baccalaureate degree from an
23 institution of higher education; and
24 (3) has either (A) 5 or more years of service with
25 a federal, State, or local law enforcement agency, at
26 least 2 years of which have been in a progressive
27 investigatory capacity; (B) 5 or more years of service as
28 a federal, State, or local prosecutor; or (C) 5 or more
29 years of service as a senior manager or executive of a
30 federal, State, or local agency.
31 The term of each initial Executive Inspector General
32 shall commence on July 1, 2003 and shall run through June 30,
33 2008. The initial appointments shall be made within 60 days
34 after the effective date of this Act.
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1 After the initial term, each Executive Inspector General
2 shall serve for 5-year terms commencing on July 1 of the year
3 of appointment and running through June 30 of the fifth
4 following year. An Executive Inspector General may be
5 reappointed to one or more subsequent terms.
6 A vacancy occurring other than at the end of a term shall
7 be filled by the appointing authority only for the balance of
8 the term of the Executive Inspector General whose office is
9 vacant.
10 Terms shall run regardless of whether the position is
11 filled.
12 (c) The Executive Inspector General appointed by the
13 Attorney General shall have jurisdiction over the Attorney
14 General and all employees of State agencies within the
15 jurisdiction of the Attorney General. The Executive Inspector
16 General appointed by the Secretary of State shall have
17 jurisdiction over the Secretary of State and all employees of
18 State agencies within the jurisdiction of the Secretary of
19 State. The Executive Inspector General appointed by the
20 Comptroller shall have jurisdiction over the Comptroller and
21 all employees of State agencies within the jurisdiction of
22 the Comptroller. The Executive Inspector General appointed by
23 the Treasurer shall have jurisdiction over the Treasurer and
24 all employees of State agencies within the jurisdiction of
25 the Treasurer. The Executive Inspector General appointed by
26 the Governor shall have jurisdiction over the Governor, the
27 Lieutenant Governor, and all employees of executive branch
28 State agencies under the jurisdiction of the Executive Ethics
29 Commission and not within the jurisdiction of the Attorney
30 General, the Secretary of State, the Comptroller, or the
31 Treasurer.
32 The jurisdiction of each Executive Inspector General is
33 limited to investigating conduct alleged to violate this Act.
34 (d) The compensation of an Executive Inspector General
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1 shall be determined by the appointed authority. Subject to
2 Section 20-45 of this Act, each Executive Inspector General
3 has full authority to organize his or her Office of the
4 Executive Inspector General, including the employment and
5 determination of the compensation of staff, such as deputies,
6 assistants, and other employees, as appropriations permit.
7 (e) No Executive Inspector General or employee of the
8 Office of the Executive Inspector General may, during his or
9 her term of appointment or employment:
10 (1) become a candidate for any elective office;
11 (2) hold any other elected or appointed public
12 office except for appointments on governmental advisory
13 boards or study commissions or as otherwise expressly
14 authorized by law;
15 (3) be actively involved in the affairs of any
16 political party or political organization; or
17 (4) actively participate in any campaign for any
18 elective office.
19 (f) An appointing authority may remove an Executive
20 Inspector General only for cause.
21 (93 HB3412enr. Sec. 20-15 new)
22 Sec. 20-15. Duties of the Executive Ethics Commission. In
23 addition to duties otherwise assigned by law, the Executive
24 Ethics Commission shall have the following duties:
25 (1) To promulgate rules governing the performance of its
26 duties and the exercise of its powers and governing the
27 investigations of the Executive Inspectors General.
28 (2) To conduct administrative hearings and rule on
29 matters brought before the Commission only upon the receipt
30 of pleadings filed by an Executive Inspector General and not
31 upon its own prerogative. Any other allegations of misconduct
32 received by the Commission from a person other than an
33 Executive Inspector General shall be referred to the Office
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1 of the appropriate Executive Inspector General.
2 (3) To prepare and publish manuals and guides and,
3 working with the Office of the Attorney General, oversee
4 training of employees under its jurisdiction that explains
5 their duties.
6 (4) To prepare public information materials to facilitate
7 compliance, implementation, and enforcement of this Act.
8 (5) To submit reports as required by this Act.
9 (6) To make rulings, issue recommendations, and impose
10 administrative fines, if appropriate, in connection with the
11 implementation and interpretation of this Act. The powers and
12 duties of the Commission are limited to matters clearly
13 within the purview of this Act.
14 (7) To issue subpoenas with respect to matters pending
15 before the Commission, subject to the provisions of this
16 Article and in the discretion of the Commission, to compel
17 the attendance of witnesses for purposes of testimony and the
18 production of documents and other items for inspection and
19 copying.
20 (93 HB3412enr. Sec. 20-20 new)
21 Sec. 20-20. Duties of the Executive Inspectors General.
22 In addition to duties otherwise assigned by law, each
23 Executive Inspector General shall have the following duties:
24 (1) To receive and investigate allegations of violations
25 of this Act. The Executive Inspector General may receive
26 information through the Office of any Executive Inspector
27 General, through an ethics commission, or through the
28 Executive Ethics Hotline. An investigation may be conducted
29 only in response to information reported to the Executive
30 Inspector General as provided in this Section and not upon
31 his or her own prerogative. The Executive Inspector General
32 shall have the discretion to determine the appropriate means
33 of investigation as permitted by law.
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1 (2) To request information relating to an investigation
2 from any person when the Executive Inspector General deems
3 that information necessary in conducting an investigation.
4 (3) To issue subpoenas, subject to the advance approval
5 of the Attorney General, to compel the attendance of
6 witnesses for the purposes of testimony and production of
7 documents and other items for inspection and copying.
8 (4) To submit reports as required by this Act.
9 (5) After finding probable cause, to file pleadings in
10 the name of the Executive Inspector General with the
11 Executive Ethics Commission, through the Attorney General, as
12 provided in this Article.
13 (6) To assist and coordinate the ethics officers for
14 State agencies under the jurisdiction of the Executive
15 Inspector General and to work with those ethics officers.
16 (7) To participate in or conduct, when appropriate,
17 multi-jurisdictional investigations.
18 (8) To request, as the Executive Inspector General deems
19 appropriate, from ethics officers of State agencies under his
20 or her jurisdiction, reports or information on (i) the
21 content of a State agency's ethics training program and (ii)
22 the percentage of new officers and employees who have
23 completed ethics training.
24 (93 HB3412enr. Sec. 20-23 new)
25 Sec. 20-23. Ethics Officers. Each officer and the head
26 of each State agency under the jurisdiction of the Executive
27 Ethics Commission shall designate an Ethics Officer for the
28 office or State agency. Ethics Officers shall:
29 (1) act as liaisons between the State agency and
30 the appropriate Executive Inspector General and between
31 the State agency and the Executive Ethics Commission;
32 (2) review statements of economic interest and
33 disclosure forms of officers, senior employees, and
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1 contract monitors before they are filed with the
2 Secretary of State; and
3 (3) provide guidance to officers and employees in
4 the interpretation and implementation of this Act. Such
5 guidance shall be based, wherever possible, upon the
6 findings and opinions of the Executive Ethics Commission.
7 (93 HB3412enr. Sec. 20-25 new)
8 Sec. 20-25. Executive Ethics Hotline. The Executive
9 Ethics Commission shall create and maintain a toll-free
10 Ethics Hotline for the purpose of receiving reports of
11 allegations relating to conduct subject to the jurisdiction
12 of the Commission. The Commission shall transmit each report
13 to the appropriate Inspector General or other ethics
14 commission in a timely manner.
15 (93 HB3412enr. Sec. 20-35 new)
16 Sec. 20-35. Administrative subpoena; compliance. A person
17 duly subpoenaed for testimony, documents, or other items who
18 neglects or refuses to testify or produce documents or other
19 items under the requirements of the subpoena shall be subject
20 to punishment as may be determined by a court of competent
21 jurisdiction, unless (i) the testimony, documents, or other
22 items are covered by the attorney-client privilege or any
23 other privilege or right recognized by law or (ii) the
24 testimony, documents, or other items concern the
25 representation of employees and the negotiation of collective
26 bargaining agreements by a labor organization authorized and
27 recognized under the Illinois Public Labor Relations Act to
28 be the exclusive bargaining representative of employees of
29 the State agency. Nothing in this Section limits a person's
30 right to protection against self-incrimination under the
31 Fifth Amendment of the United States Constitution or Article
32 I, Section 10, of the Constitution of the State of Illinois.
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1 (93 HB3412enr. Sec. 20-40 new)
2 Sec. 20-40. Collective bargaining agreements. Any
3 investigation or inquiry by an Executive Inspector General or
4 any agent or representative of an Executive Inspector General
5 must be conducted in compliance with the provisions of a
6 collective bargaining agreement that applies to the employees
7 of the relevant State agency and with an awareness of the
8 rights of the employees as set forth by State and federal law
9 and applicable judicial decisions. Any recommendation for
10 discipline or any action taken against any State employee
11 pursuant to this Act must comply with the provisions of the
12 collective bargaining agreement that applies to the State
13 employee.
14 (93 HB3412enr. Sec. 20-45 new)
15 Sec. 20-45. Standing; representation.
16 (a) Only an Executive Inspector General may bring
17 actions before the Executive Ethics Commission.
18 (b) The Attorney General shall represent an Executive
19 Inspector General in all proceedings before the Commission,
20 except that the Attorney General may appoint special counsel
21 to represent an Executive Inspector General before the
22 Commission if the Attorney General deems it necessary to
23 avoid any actual, potential, or perceived conflict of
24 interest.
25 (c) Attorneys or special counsel serving in the Office
26 of an Executive Inspector General shall be appointed or
27 retained by the Attorney General, shall be under the
28 supervision, direction, and control of the Attorney General,
29 and shall serve at the pleasure of the Attorney General. The
30 compensation of any assistant attorneys and special counsel
31 appointed or retained in accordance with this subsection
32 shall be paid by the appropriate Office of the Executive
33 Inspector General.
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1 (d) Any State employee or officer named as a respondent
2 in a complaint is entitled to reimbursement for his or her
3 reasonable attorney's fees and expenses in defending against
4 the complaint if that respondent is not found by the
5 Commission to have violated this Act.
6 (93 HB3412enr. Sec. 20-50 new)
7 Sec. 20-50. Investigation reports; complaint procedure.
8 (a) If an Executive Inspector General, upon the
9 conclusion of an investigation, determines that probable
10 cause exists to file pleadings with the Executive Ethics
11 Commission, then the Executive Inspector General shall issue
12 a summary report of the investigation. The report shall be
13 delivered to the appropriate ultimate jurisdictional
14 authority and to the head of each State agency affected by or
15 involved in the investigation, if appropriate.
16 (b) The summary report of the investigation shall
17 include the following:
18 (1) A description of any allegations or other
19 information received by the Executive Inspector General
20 pertinent to the investigation.
21 (2) A description of any alleged misconduct
22 discovered in the course of the investigation.
23 (3) Recommendations for any corrective or
24 disciplinary action to be taken in response to any
25 alleged misconduct described in the report, including but
26 not limited to discharge.
27 (4) Other information the Executive Inspector
28 General deems relevant to the investigation or resulting
29 recommendations.
30 (c) Not less than 30 days after delivery of the summary
31 report of an investigation under subsection (a), the
32 Executive Inspector General, represented by the Attorney
33 General, may file with the Executive Ethics Commission a
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1 petition for leave to file a complaint. The petition shall
2 set forth the alleged violation and the grounds that exist to
3 support probable cause. The petition for leave to file a
4 complaint must be filed with the Commission within 18 months
5 after an alleged violation of this Act.
6 (d) A copy of the petition must be served on all
7 respondents named in the complaint and on each respondent's
8 ultimate jurisdictional authority in the same manner as
9 process is served under the Code of Civil Procedure.
10 (e) A respondent may file objections to the petition for
11 leave to file a complaint within 30 days after notice of the
12 petition has been served on the respondent.
13 (f) The Commission shall meet, either in person or by
14 telephone, in a closed session to review the sufficiency of
15 the complaint. If the Commission finds that complaint is
16 sufficient, the Commission shall grant the petition for leave
17 to file the complaint. The Commission shall issue notice to
18 the Executive Inspector General and all respondents of the
19 Commission's ruling on the sufficiency of the complaint. If
20 the complaint is deemed to sufficiently allege a violation of
21 this Act, then the Commission shall notify the parties and
22 shall include a hearing date scheduled within 4 weeks after
23 the date of the notice, unless all of the parties consent to
24 a later date. If the complaint is deemed not to sufficiently
25 allege a violation, then the Commission shall send by
26 certified mail, return receipt requested, a notice to the
27 parties of the decision to dismiss the complaint, and that
28 notice shall be made public.
29 (g) On the scheduled date the Commission shall conduct a
30 closed meeting, either in person or, if the parties consent,
31 by telephone, on the complaint and allow all parties the
32 opportunity to present testimony and evidence. All such
33 proceedings shall be transcribed.
34 (h) Within an appropriate time limit set by rules of the
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1 Executive Ethics Commission, the Commission shall (i) dismiss
2 the complaint or (ii) issue a recommendation of discipline to
3 the respondent and the respondent's ultimate jurisdictional
4 authority or impose an administrative fine upon the
5 respondent, or both.
6 (i) The proceedings on any complaint filed with the
7 Commission shall be conducted pursuant to rules promulgated
8 by the Commission.
9 (j) The Commission may designate hearing officers to
10 conduct proceeding as determined by rule of the Commission.
11 (k) In all proceedings before the Commission, the
12 standard of proof is by a preponderance of the evidence.
13 (93 HB3412enr. Sec. 20-55 new)
14 Sec. 20-55. Decisions; recommendations.
15 (a) All decisions of the Executive Ethics Commission
16 must include a description of the alleged misconduct, the
17 decision of the Commission, including any fines levied and
18 any recommendation of discipline, and the reasoning for that
19 decision. All decisions of the Commission shall be delivered
20 to the head of the appropriate State agency, the appropriate
21 ultimate jurisdictional authority, and the appropriate
22 Executive Inspector General. The Executive Ethics Commission
23 shall promulgate rules for the decision and recommendation
24 process.
25 (b) If the Executive Ethics Commission issues a
26 recommendation of discipline to an agency head or ultimate
27 jurisdictional authority, that agency head or ultimate
28 jurisdictional authority must respond to that recommendation
29 in 30 days with a written response to the Executive Ethics
30 Commission. This response must include any disciplinary
31 action the agency head or ultimate jurisdictional authority
32 has taken with respect to the officer or employee in
33 question. If the agency head or ultimate jurisdictional
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1 authority did not take any disciplinary action, or took a
2 different disciplinary action than that recommended by the
3 Executive Ethics Commission, the agency head or ultimate
4 jurisdictional authority must describe the different action
5 and explain the reasons for the different action in the
6 written response. This response must be served upon the
7 Executive Ethics Commission and the appropriate Executive
8 Inspector General within the 30-day period and is not exempt
9 from the provisions of the Freedom of Information Act.
10 (93 HB3412enr. Sec. 20-60 new)
11 Sec. 20-60. Appeals. A decision of the Executive Ethics
12 Commission to impose a fine is subject to judicial review
13 under the Administrative Review Law. All other decisions by
14 the Executive Ethics Commission are final and not subject to
15 review either administratively or judicially.
16 (93 HB3412enr. Sec. 20-65 new)
17 Sec. 20-65. Investigations not concluded within 6 months.
18 If any investigation is not concluded within 6 months after
19 its initiation, the appropriate Executive Inspector General
20 shall notify the Executive Ethics Commission and appropriate
21 ultimate jurisdictional authority of the general nature of
22 the allegation or information giving rise to the
23 investigation and the reasons for failure to complete the
24 investigation within 6 months.
25 (93 HB3412enr. Sec. 20-70 new)
26 Sec. 20-70. Cooperation in investigations. It is the duty
27 of every officer and employee under the jurisdiction of an
28 Executive Inspector General, including any inspector general
29 serving in any State agency under the jurisdiction of that
30 Executive Inspector General, to cooperate with the Executive
31 Inspector General in any investigation undertaken pursuant to
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1 this Act. Failure to cooperate with an investigation of the
2 Executive Inspector General is grounds for disciplinary
3 action, including dismissal, unless the failure is based on
4 (i) the attorney-client privilege or any other privilege or
5 right recognized by law or (ii) a collective bargaining
6 agreement with a labor organization authorized and recognized
7 under the Illinois Public Labor Relations Act to be the
8 exclusive bargaining representative of affected employees.
9 Nothing in this Section limits a person's right to
10 protection against self-incrimination under the Fifth
11 Amendment of the United States Constitution or Article I,
12 Section 10, of the Constitution of the State of Illinois.
13 (93 HB3412enr. Sec. 20-80 new)
14 Sec. 20-80. Referrals of investigations. If an Executive
15 Inspector General determines that any alleged misconduct
16 involves any person not subject to the jurisdiction of the
17 Executive Ethics Commission, that Executive Inspector General
18 shall refer the reported allegations to the appropriate
19 Inspector General, appropriate ethics commission, or other
20 appropriate body. If an Executive Inspector General
21 determines that any alleged misconduct may give rise to
22 criminal penalties, the Executive Inspector General shall
23 refer the allegations regarding that misconduct to the
24 appropriate law enforcement authority.
25 (93 HB3412enr. Sec. 20-85 new)
26 Sec. 20-85. Annual reports. Each Executive Inspector
27 General shall submit an annual report to the executive branch
28 constitutional officers and the Executive Ethics Commission,
29 on a date determined by the Executive Ethics Commission,
30 indicating:
31 (1) the number of allegations received since the
32 date of the last report;
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1 (2) the number of investigations initiated since
2 the date of the last report;
3 (3) the number of investigations concluded since
4 the date of the last report;
5 (4) the number of investigations pending as of the
6 reporting date; and
7 (5) the number of actions filed since the last
8 report and the number of actions pending before the
9 Commission as of the reporting date.
10 (93 HB3412enr. Sec. 20-90 new)
11 Sec. 20-90. Confidentiality.
12 (a) The identity of any individual providing information
13 or reporting any possible or alleged misconduct to an
14 Executive Inspector General, the Executive Ethics Commission,
15 or the Executive Ethics Hotline shall be kept confidential
16 and may not be disclosed without the consent of that
17 individual, unless the individual consents to disclosure of
18 his or her name or disclosure of the individual's identity is
19 otherwise required by law. The confidentiality granted by
20 this subsection does not preclude the disclosure of the
21 identity of a person in any capacity other than as the source
22 of an allegation.
23 (b) Commissioners, employees, and agents of the
24 Executive Ethics Commission, the Executive Inspectors
25 General, and employees and agents of each Office of an
26 Executive Inspector General shall keep confidential and shall
27 not disclose information exempted from disclosure under the
28 Freedom of Information Act or by this Act.
29 (93 HB3412enr. Sec. 20-95 new)
30 Sec. 20-95. Exemptions.
31 (a) Documents generated by an ethics officer under this
32 Act are exempt from the provisions of the Freedom of
-30- LRB093 12187 JAM 17367 b
1 Information Act.
2 (b) Any allegations and related documents submitted to
3 an Executive Inspector General and any pleadings and related
4 documents brought before the Executive Ethics Commission are
5 exempt from the provisions of the Freedom of Information Act
6 so long as the Executive Ethics Commission does not make a
7 finding of a violation of this Act. If the Executive Ethics
8 Commission finds that a violation has occurred, the entire
9 record of proceedings before the Commission, the decision and
10 recommendation, and the mandatory report from the agency head
11 or ultimate jurisdictional authority to the Executive Ethics
12 Commission are not exempt from the provisions of the Freedom
13 of Information Act but information contained therein that is
14 otherwise exempt from the Freedom of Information Act must be
15 redacted before disclosure as provided in Section 8 of the
16 Freedom of Information Act.
17 (c) Meetings of the Commission under Sections 20-5 and
18 20-15 of this Act are exempt from the provisions of the Open
19 Meetings Act.
20 (d) Unless otherwise provided in this Act, all
21 investigatory files and reports of the Office of an Executive
22 Inspector General, other than annual reports, are
23 confidential, are exempt from disclosure under the Freedom of
24 Information Act, and shall not be divulged to any person or
25 agency, except as necessary (i) to the appropriate law
26 enforcement authority if the matter is referred pursuant to
27 this Act, (ii) to the ultimate jurisdiction authority, (iii)
28 to the Executive Ethics Commission; or (iv) to another
29 Inspector General appointed pursuant to this Act.
30 (93 HB3412enr. Art. 25 heading new)
31 ARTICLE 25
32 LEGISLATIVE ETHICS COMMISSION AND
33 LEGISLATIVE INSPECTOR GENERAL
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1 (93 HB3412enr. Sec. 25-5 new)
2 Sec. 25-5. Legislative Ethics Commission.
3 (a) The Legislative Ethics Commission is created.
4 (b) The Legislative Ethics Commission shall consist of 8
5 commissioners appointed 2 each by the President and Minority
6 Leader of the Senate and the Speaker and Minority Leader of
7 the House of Representatives.
8 The terms of the initial commissioners shall commence on
9 July 1, 2003. Each appointing authority shall designate one
10 appointee who shall serve for a 2-year term running through
11 June 30, 2005. Each appointing authority shall designate one
12 appointee who shall serve for a 4-year term running through
13 June 30, 2007. The initial appointments shall be made within
14 60 days after the effective date of this Act.
15 After the initial terms, commissioners shall serve for
16 4-year terms commencing on July 1 of the year of appointment
17 and running through June 30 of the fourth following year.
18 Commissioners may be reappointed to one or more subsequent
19 terms.
20 Vacancies occurring other than at the end of a term shall
21 be filled by the appointing authority only for the balance of
22 the term of the commissioner whose office is vacant.
23 Terms shall run regardless of whether the position is
24 filled.
25 (c) The appointing authorities shall appoint
26 commissioners who have experience holding governmental office
27 or employment and shall appoint commissioners from the
28 general public. A person is not eligible to serve as a
29 commissioner if that person (i) has been convicted of a
30 felony or a crime of dishonesty or moral turpitude, (ii) is,
31 or was within the preceding 12 months, engaged in activities
32 that require registration under the Lobbyist Registration
33 Act, (iii) is a relative of the appointing authority, or (iv)
34 is a State officer or employee.
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1 (d) The Legislative Ethics Commission shall have
2 jurisdiction over members of the General Assembly and all
3 State employees whose ultimate jurisdictional authority is
4 (i) a legislative leader, (ii) the Senate Operations
5 Commission, or (iii) the Joint Committee on Legislative
6 Support Services. The jurisdiction of the Commission is
7 limited to matters arising under this Act.
8 (e) The Legislative Ethics Commission must meet, either
9 in person or by other technological means, at least monthly
10 and as often as necessary. At the first meeting of the
11 Legislative Ethics Commission, the commissioners shall choose
12 from their number a chairperson and other officers that they
13 deem appropriate. The terms of officers shall be for 2 years
14 commencing July 1 and running through June 30 of the second
15 following year. Meetings shall be held at the call of the
16 chairperson or any 3 commissioners. Official action by the
17 Commission shall require the affirmative vote of 5
18 commissioners, and a quorum shall consist of 5 commissioners.
19 Commissioners shall receive no compensation, but may be
20 reimbursed for their reasonable expenses actually incurred in
21 the performance of their duties.
22 (f) No commissioner or employee of the Legislative Ethics
23 Commission may during his or her term of appointment or
24 employment:
25 (1) become a candidate for any elective office;
26 (2) hold any other elected or appointed public
27 office except for appointments on governmental advisory
28 boards or study commissions or as otherwise expressly
29 authorized by law;
30 (3) be actively involved in the affairs of any
31 political party or political organization; or
32 (4) actively participate in any campaign for any
33 elective office.
34 (g) An appointing authority may remove a commissioner
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1 only for cause.
2 (h) The Legislative Ethics Commission shall appoint an
3 Executive Director. The compensation of the Executive
4 Director shall be as determined by the Commission or by the
5 Compensation Review Board, whichever amount is higher. The
6 Executive Director of the Legislative Ethics Commission may
7 employ and determine the compensation of staff, as
8 appropriations permit.
9 (93 HB3412enr. Sec. 25-10 new)
10 Sec. 25-10. Office of Legislative Inspector General.
11 (a) The Office of the Legislative Inspector General is
12 created. The Office shall be under the direction and
13 supervision of the Legislative Inspector General.
14 (b) The Legislative Inspector General shall be appointed
15 without regard to political affiliation and solely on the
16 basis of integrity and demonstrated ability. The Legislative
17 Ethics Commission shall diligently search out qualified
18 candidates for Legislative Inspector General and shall make
19 recommendations to the General Assembly.
20 The Legislative Inspector General shall be appointed by a
21 joint resolution of the Senate and the House of
22 Representatives, which may specify the date on which the
23 appointment takes effect. A joint resolution, or other
24 document as may be specified by the Joint Rules of the
25 General Assembly, appointing the Legislative Inspector
26 General must be certified by the Speaker of the House of
27 Representatives and the President of the Senate as having
28 been adopted by the affirmative vote of three-fifths of the
29 members elected to each house, respectively, and be filed
30 with the Secretary of State. The appointment of the
31 Legislative Inspector General takes effect on the day the
32 appointment is completed by the General Assembly, unless the
33 appointment specifies a later date on which it is to become
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1 effective.
2 The Legislative Inspector General shall have the
3 following qualifications:
4 (1) has not been convicted of any felony under the
5 laws of this State, another State, or the United States;
6 (2) has earned a baccalaureate degree from an
7 institution of higher education; and
8 (3) has either (A) 5 or more years of service with
9 a federal, State, or local law enforcement agency, at
10 least 2 years of which have been in a progressive
11 investigatory capacity; (B) 5 or more years of service as
12 a federal, State, or local prosecutor; or (C) 5 or more
13 years of service as a senior manager or executive of a
14 federal, State, or local agency.
15 The Legislative Inspector General may not be a relative
16 of a commissioner.
17 The term of the initial Legislative Inspector General
18 shall commence on July 1, 2003 and shall run through June 30,
19 2008.
20 After the initial term, the Legislative Inspector General
21 shall serve for 5-year terms commencing on July 1 of the year
22 of appointment and running through June 30 of the fifth
23 following year. The Legislative Inspector General may be
24 reappointed to one or more subsequent terms.
25 A vacancy occurring other than at the end of a term shall
26 be filled in the same manner as an appointment only for the
27 balance of the term of the Legislative Inspector General
28 whose office is vacant.
29 Terms shall run regardless of whether the position is
30 filled.
31 (c) The Legislative Inspector General shall have
32 jurisdiction over the members of the General Assembly and all
33 State employees whose ultimate jurisdictional authority is
34 (i) a legislative leader, (ii) the Senate Operations
-35- LRB093 12187 JAM 17367 b
1 Commission, or (iii) the Joint Committee on Legislative
2 Support Services.
3 The jurisdiction of the Legislative Inspector General is
4 limited to investigating conduct alleged to violate this Act.
5 (d) The compensation of the Legislative Inspector
6 General shall be determined by the Commission. Subject to
7 Section 25-45 of this Act, the Legislative Inspector General
8 has full authority to organize the Office of the Legislative
9 Inspector General, including the employment and determination
10 of the compensation of staff, such as deputies, assistants,
11 and other employees, as appropriations permit.
12 (e) No Legislative Inspector General or employee of the
13 Office of the Legislative Inspector General may, during his
14 or her term of appointment or employment:
15 (1) become a candidate for any elective office;
16 (2) hold any other elected or appointed public
17 office except for appointments on governmental advisory
18 boards or study commissions or as otherwise expressly
19 authorized by law;
20 (3) be actively involved in the affairs of any
21 political party or political organization; or
22 (4) actively participate in any campaign for any
23 elective office.
24 (f) The Commission may remove the Legislative Inspector
25 General only for cause.
26 (93 HB3412enr. Sec. 25-15 new)
27 Sec. 25-15. Duties of the Legislative Ethics Commission.
28 In addition to duties otherwise assigned by law, the
29 Legislative Ethics Commission shall have the following
30 duties:
31 (1) To promulgate rules governing the performance of its
32 duties and the exercise of its powers and governing the
33 investigations of the Legislative Inspector General.
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1 (2) To conduct administrative hearings and rule on
2 matters brought before the Commission only upon the receipt
3 of pleadings filed by the Legislative Inspector General and
4 not upon its own prerogative. Any other allegations of
5 misconduct received by the Commission from a person other
6 than the Legislative Inspector General shall be referred to
7 the Office of the Legislative Inspector General.
8 (3) To prepare and publish manuals and guides and,
9 working with the Office of the Attorney General, oversee
10 training of employees under its jurisdiction that explains
11 their duties.
12 (4) To prepare public information materials to facilitate
13 compliance, implementation, and enforcement of this Act.
14 (5) To submit reports as required by this Act.
15 (6) To make rulings, issue recommendations, and impose
16 administrative fines, if appropriate, in connection with the
17 implementation and interpretation of this Act. The powers and
18 duties of the Commission are limited to matters clearly
19 within the purview of this Act.
20 (7) To issue subpoenas with respect to matters pending
21 before the Commission, subject to the provisions of this
22 Article and in the discretion of the Commission, to compel
23 the attendance of witnesses for purposes of testimony and the
24 production of documents and other items for inspection and
25 copying.
26 (93 HB3412enr. Sec. 25-20 new)
27 Sec. 25-20. Duties of the Legislative Inspector General.
28 In addition to duties otherwise assigned by law, the
29 Legislative Inspector General shall have the following
30 duties:
31 (1) To receive and investigate allegations of violations
32 of this Act. The Legislative Inspector General may receive
33 information through the Office of the Legislative Inspector
-37- LRB093 12187 JAM 17367 b
1 General, through an ethics commission, or through the
2 Legislative Ethics Hotline. An investigation may be conducted
3 only in response to information reported to the Legislative
4 Inspector General as provided in this Section and not upon
5 his or her own prerogative. The Legislative Inspector General
6 shall have the discretion to determine the appropriate means
7 of investigation as permitted by law.
8 (2) To request information relating to an investigation
9 from any person when the Legislative Inspector General deems
10 that information necessary in conducting an investigation.
11 (3) To issue subpoenas to compel the attendance of
12 witnesses for the purposes of testimony and production of
13 documents and other items for inspection and copying.
14 (4) To submit reports as required by this Act.
15 (5) After finding probable cause, to file pleadings in
16 the name of the Legislative Inspector General with the
17 Legislative Ethics Commission, through the Attorney General,
18 as provided in this Article.
19 (6) To assist and coordinate the ethics officers for
20 State agencies under the jurisdiction of the Legislative
21 Inspector General and to work with those ethics officers.
22 (7) To participate in or conduct, when appropriate,
23 multi-jurisdictional investigations.
24 (8) To request, as the Legislative Inspector General
25 deems appropriate, from ethics officers of State agencies
26 under his or her jurisdiction, reports or information on (i)
27 the content of a State agency's ethics training program and
28 (ii) the percentage of new officers and employees who have
29 completed ethics training.
30 (93 HB3412enr. Sec. 25-23 new)
31 Sec. 25-23. Ethics Officers. The President and Minority
32 Leader of the Senate and the Speaker and Minority Leader of
33 the House of Representatives shall each appoint an ethics
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1 officer for the legislative members of his or her legislative
2 caucus. The head of each State agency under the jurisdiction
3 of the Legislative Ethics Commission, other than the General
4 Assembly, shall designate an ethics officer for the State
5 agency. Ethics Officers shall:
6 (1) act as liaisons between the State agency and
7 the Legislative Inspector General and between the State
8 agency and the Legislative Ethics Commission;
9 (2) review statements of economic interest and
10 disclosure forms of officers, senior employees, and
11 contract monitors before they are filed with the
12 Secretary of State; and
13 (3) provide guidance to officers and employees in
14 the interpretation and implementation of this Act. Such
15 guidance shall be based, wherever possible, upon the
16 findings and opinions of the Legislative Ethics
17 Commission.
18 (93 HB3412enr. Sec. 25-25 new)
19 Sec. 25-25. Legislative Ethics Hotline. The Legislative
20 Ethics Commission shall create and maintain a toll-free
21 Legislative Ethics Hotline for the purpose of receiving
22 reports of allegations relating to conduct subject to the
23 jurisdiction of the Legislative Ethics Commission. The
24 Commission shall transmit each report to the appropriate
25 Inspector General or other ethics commission in a timely
26 manner.
27 (93 HB3412enr. Sec. 25-35 new)
28 Sec. 25-35. Administrative subpoena; compliance. A person
29 duly subpoenaed for testimony, documents, or other items who
30 neglects or refuses to testify or produce documents or other
31 items under the requirements of the subpoena shall be subject
32 to punishment as may be determined by a court of competent
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1 jurisdiction, unless the testimony, documents, or other items
2 are covered by the attorney-client privilege or any other
3 privilege or right recognized by law. Nothing in this Section
4 limits a person's right to protection against
5 self-incrimination under the Fifth Amendment of the United
6 States Constitution or Article I, Section 10, of the
7 Constitution of the State of Illinois.
8 (93 HB3412enr. Sec. 25-45 new)
9 Sec. 25-45. Standing; representation.
10 (a) Only the Legislative Inspector General may bring
11 actions before the Legislative Ethics Commission.
12 (b) The Attorney General shall represent the Legislative
13 Inspector General in all proceedings before the Commission,
14 except that the Attorney General may appoint special counsel
15 to represent the Legislative Inspector General before the
16 Commission if the Attorney General deems it necessary to
17 avoid any actual, potential, or perceived conflict of
18 interest.
19 (c) Attorneys or special counsel serving in the Office
20 of the Legislative Inspector General shall be appointed or
21 retained by the Attorney General, shall be under the
22 supervision, direction, and control of the Attorney General,
23 and shall serve at the pleasure of the Attorney General. The
24 compensation of any assistant attorneys and special counsel
25 appointed or retained in accordance with this subsection
26 shall be paid by the Office of the Legislative Inspector
27 General.
28 (d) Any State employee or officer named as a respondent
29 in a complaint is entitled to reimbursement for his or her
30 reasonable attorney's fees and expenses in defending against
31 the complaint if that respondent is not found by the
32 Commission to have violated this Act.
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1 (93 HB3412enr. Sec. 25-50 new)
2 Sec. 25-50. Investigation reports; complaint procedure.
3 (a) If the Legislative Inspector General, upon the
4 conclusion of an investigation, determines that probable
5 cause exists to file pleadings with the Legislative Ethics
6 Commission, then the Legislative Inspector General shall
7 issue a summary report of the investigation. The report shall
8 be delivered to the appropriate ultimate jurisdictional
9 authority and to the head of each State agency affected by or
10 involved in the investigation, if appropriate.
11 (b) The summary report of the investigation shall
12 include the following:
13 (1) A description of any allegations or other
14 information received by the Legislative Inspector General
15 pertinent to the investigation.
16 (2) A description of any alleged misconduct
17 discovered in the course of the investigation.
18 (3) Recommendations for any corrective or
19 disciplinary action to be taken in response to any
20 alleged misconduct described in the report, including but
21 not limited to discharge.
22 (4) Other information the Legislative Inspector
23 General deems relevant to the investigation or resulting
24 recommendations.
25 (c) Not less than 30 days after delivery of the summary
26 report of an investigation under subsection (a), the
27 Legislative Inspector General, represented by the Attorney
28 General, may file with the Legislative Ethics Commission a
29 petition for leave to file a complaint. The petition shall
30 set forth the alleged violation and the grounds that exist to
31 support probable cause. The petition for leave to file a
32 complaint must be filed with the Commission within 18 months
33 after an alleged violation of this Act.
34 (d) A copy of the petition must be served on all
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1 respondents named in the complaint and on each respondent's
2 ultimate jurisdictional authority in the same manner as
3 process is served under the Code of Civil Procedure.
4 (e) A respondent may file objections to the petition for
5 leave to file a complaint within 30 days after notice of the
6 petition has been served on the respondent.
7 (f) The Commission shall meet, either in person or by
8 telephone, in a closed session to review the sufficiency of
9 the complaint. If the Commission finds that complaint is
10 sufficient, the Commission shall grant the petition for leave
11 to file the complaint. The Commission shall issue notice to
12 the Legislative Inspector General and all respondents of the
13 Commission's ruling on the sufficiency of the complaint. If
14 the complaint is deemed to sufficiently allege a violation of
15 this Act, then the Commission shall notify the parties and
16 shall include a hearing date scheduled within 4 weeks after
17 the date of the notice, unless all of the parties consent to
18 a later date. If the complaint is deemed not to sufficiently
19 allege a violation, then the Commission shall send by
20 certified mail, return receipt requested, a notice to the
21 parties of the decision to dismiss the complaint, and that
22 notice shall be made public.
23 (g) On the scheduled date the Commission shall conduct a
24 closed meeting, either in person or, if the parties consent,
25 by telephone, on the complaint and allow all parties the
26 opportunity to present testimony and evidence. All such
27 proceedings shall be transcribed.
28 (h) Within an appropriate time limit set by rules of the
29 Legislative Ethics Commission, the Commission shall (i)
30 dismiss the complaint or (ii) issue a recommendation of
31 discipline to the respondent and the respondent's ultimate
32 jurisdictional authority or impose an administrative fine
33 upon the respondent, or both.
34 (i) The proceedings on any complaint filed with the
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1 Commission shall be conducted pursuant to rules promulgated
2 by the Commission.
3 (j) The Commission may designate hearing officers to
4 conduct proceeding as determined by rule of the Commission.
5 (k) In all proceedings before the Commission, the
6 standard of proof is by a preponderance of the evidence.
7 (93 HB3412enr. Sec. 25-55 new)
8 Sec. 25-55. Decisions; recommendations.
9 (a) All decisions of the Legislative Ethics Commission
10 must include a description of the alleged misconduct, the
11 decision of the Commission, including any fines levied and
12 any recommendation of discipline, and the reasoning for that
13 decision. All decisions of the Commission shall be delivered
14 to the head of the appropriate State agency, the appropriate
15 ultimate jurisdictional authority, and the Legislative
16 Inspector General. The Legislative Ethics Commission shall
17 promulgate rules for the decision and recommendation process.
18 (b) If the Legislative Ethics Commission issues a
19 recommendation of discipline to an agency head or ultimate
20 jurisdictional authority, that agency head or ultimate
21 jurisdictional authority must respond to that recommendation
22 in 30 days with a written response to the Legislative Ethics
23 Commission. This response must include any disciplinary
24 action the agency head or ultimate jurisdictional authority
25 has taken with respect to the officer or employee in
26 question. If the agency head or ultimate jurisdictional
27 authority did not take any disciplinary action, or took a
28 different disciplinary action than that recommended by the
29 Legislative Ethics Commission, the agency head or ultimate
30 jurisdictional authority must describe the different action
31 and explain the reasons for the different action in the
32 written response. This response must be served upon the
33 Legislative Ethics Commission and the Legislative Inspector
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1 General within the 30-day period and is not exempt from the
2 provisions of the Freedom of Information Act.
3 (93 HB3412enr. Sec. 25-60 new)
4 Sec. 25-60. Appeals. A decision of the Legislative Ethics
5 Commission to impose a fine is subject to judicial review
6 under the Administrative Review Law. All other decisions by
7 the Legislative Ethics Commission are final and not subject
8 to review either administratively or judicially.
9 (93 HB3412enr. Sec. 25-65 new)
10 Sec. 25-65. Investigations not concluded within 6 months.
11 If any investigation is not concluded within 6 months after
12 its initiation, the Legislative Inspector General shall
13 notify the Legislative Ethics Commission and appropriate
14 ultimate jurisdictional authority of the general nature of
15 the allegation or information giving rise to the
16 investigation and the reasons for failure to complete the
17 investigation within 6 months.
18 (93 HB3412enr. Sec. 25-70 new)
19 Sec. 25-70. Cooperation in investigations. It is the duty
20 of every officer and employee under the jurisdiction of the
21 Legislative Inspector General, including any inspector
22 general serving in any State agency under the jurisdiction of
23 the Legislative Inspector General, to cooperate with the
24 Legislative Inspector General in any investigation undertaken
25 pursuant to this Act. Failure to cooperate with an
26 investigation of the Legislative Inspector General is grounds
27 for disciplinary action, including dismissal, unless the
28 failure is based on the attorney-client privilege or any
29 other privilege or right recognized by law.
30 Nothing in this Section limits a person's right to
31 protection against self-incrimination under the Fifth
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1 Amendment of the United States Constitution or Article I,
2 Section 10, of the Constitution of the State of Illinois.
3 (93 HB3412enr. Sec. 25-80 new)
4 Sec. 25-80. Referrals of investigations. If the
5 Legislative Inspector General determines that any alleged
6 misconduct involves any person not subject to the
7 jurisdiction of the Legislative Ethics Commission, the
8 Legislative Inspector General shall refer the reported
9 allegations to the appropriate ethics commission or other
10 appropriate body. If the Legislative Inspector General
11 determines that any alleged misconduct may give rise to
12 criminal penalties, the Legislative Inspector General shall
13 refer the allegations regarding that misconduct to the
14 appropriate law enforcement authority.
15 (93 HB3412enr. Sec. 25-85 new)
16 Sec. 25-85. Annual reports. The Legislative Inspector
17 General shall submit an annual report to the General Assembly
18 and the Legislative Ethics Commission, on a date determined
19 by the Legislative Ethics Commission, indicating:
20 (1) the number of allegations received since the
21 date of the last report;
22 (2) the number of investigations initiated since
23 the date of the last report;
24 (3) the number of investigations concluded since
25 the date of the last report;
26 (4) the number of investigations pending as of the
27 reporting date; and
28 (5) the number of actions filed since the last
29 report and the number of actions pending before the
30 Commission as of the reporting date.
31 (93 HB3412enr. Sec. 25-90 new)
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1 Sec. 25-90. Confidentiality.
2 (a) The identity of any individual providing information
3 or reporting any possible or alleged misconduct to the
4 Legislative Inspector General, the Legislative Ethics
5 Commission, or the Legislative Ethics Hotline shall be kept
6 confidential and may not be disclosed without the consent of
7 that individual, unless the individual consents to disclosure
8 of his or her name or disclosure of the individual's identity
9 is otherwise required by law. The confidentiality granted by
10 this subsection does not preclude the disclosure of the
11 identity of a person in any capacity other than as the source
12 of an allegation.
13 (b) Commissioners, employees, and agents of the
14 Legislative Ethics Commission, the Legislative Inspector
15 General, and employees and agents of the Office of the
16 Legislative Inspector General shall keep confidential and
17 shall not disclose information exempted from disclosure under
18 the Freedom of Information Act or by this Act.
19 (93 HB3412enr. Sec. 25-95 new)
20 Sec. 25-95. Exemptions.
21 (a) Documents generated by an ethics officer under this
22 Act are exempt from the provisions of the Freedom of
23 Information Act.
24 (b) Any allegations and related documents submitted to
25 the Legislative Inspector General and any pleadings and
26 related documents brought before the Legislative Ethics
27 Commission are exempt from the provisions of the Freedom of
28 Information Act so long as the Legislative Ethics Commission
29 does not make a finding of a violation of this Act. If the
30 Legislative Ethics Commission finds that a violation has
31 occurred, the entire record of proceedings before the
32 Commission, the decision and recommendation, and the
33 mandatory report from the agency head or ultimate
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1 jurisdictional authority to the Legislative Ethics Commission
2 are not exempt from the provisions of the Freedom of
3 Information Act but information contained therein that is
4 exempt from the Freedom of Information Act must be redacted
5 before disclosure as provided in Section 8 of the Freedom of
6 Information Act.
7 (c) Meetings of the Commission under Sections 25-5 and
8 25-15 of this Act are exempt from the provisions of the Open
9 Meetings Act.
10 (d) Unless otherwise provided in this Act, all
11 investigatory files and reports of the Office of the
12 Legislative Inspector General, other than annual reports, are
13 confidential, are exempt from disclosure under the Freedom of
14 Information Act, and shall not be divulged to any person or
15 agency, except as necessary (i) to the appropriate law
16 enforcement authority if the matter is referred pursuant to
17 this Act, (ii) to the ultimate jurisdiction authority, or
18 (iii) to the Legislative Ethics Commission.
19 (93 HB3412enr. Art. 30 heading new)
20 ARTICLE 30
21 AUDITOR GENERAL
22 (93 HB3412enr. Sec. 30-5 new)
23 Sec. 30-5. Appointment of Inspector General.
24 (a) The Auditor General shall appoint an Inspector
25 General (i) to investigate allegations of violations of
26 Articles 5 and 10 by State officers and employees under his
27 or her jurisdiction and (ii) to perform other duties and
28 exercise other powers assigned to the Inspectors General by
29 this or any other Act. The Inspector General shall be
30 appointed within 6 months after the effective date of this
31 Act.
32 (b) The Auditor General shall provide by rule for the
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1 operation of his or her Inspector General.
2 (c) The Auditor General may appoint an existing
3 inspector general as the Inspector General required by this
4 Article, provided that such an inspector general is not
5 prohibited by law, rule, jurisdiction, qualification, or
6 interest from serving as the Inspector General required by
7 this Article.
8 The Auditor General may not appoint a relative as the
9 Inspector General required by this Article.
10 (93 HB3412enr. Sec. 30-10 new)
11 Sec. 30-10. Ethics Officers. The Auditor General shall
12 designate an Ethics Officer for the office of the Auditor
13 General. The ethics officer shall:
14 (1) act as liaison between the Office of the
15 Auditor General and the Inspector General appointed under
16 this Article;
17 (2) review statements of economic interest and
18 disclosure forms of officers, senior employees, and
19 contract monitors before they are filed with the
20 Secretary of State; and
21 (3) provide guidance to officers and employees in
22 the interpretation and implementation of this Act.
23 (93 HB3412enr. Art. 50, Sec. 50-5)
24 Sec. 50-5. Penalties.
25 (a) A person is guilty of a Class A misdemeanor if that
26 person intentionally violates any provision of Section 5-15,
27 5-30, 5-40, or 5-45 or Article 15.
28 (b) A person who intentionally violates any provision of
29 Section 5-20 or Section 5-35 is guilty of a business offense
30 subject to a fine of at least $1,001 and up to $5,000.
31 (c) A person who intentionally violates any provision of
32 Article 10 is guilty of a business offense and subject to a
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1 fine of at least $1,001 and up to $5,000.
2 (d) Any person who intentionally makes a false report
3 alleging a violation of any provision of this Act to an
4 ethics commission, an inspector general, the State Police, a
5 State's Attorney, the Attorney General, or any other law
6 enforcement official is guilty of a Class A misdemeanor.
7 (e) An ethics commission may levy an administrative fine
8 of up to $5,000 against any person who violates this Act, who
9 intentionally obstructs or interferes with an investigation
10 conducted under this Act by an inspector general, or who
11 intentionally makes a false or frivolous allegation of a
12 violation of this Act.
13 (f) In addition to any other penalty that may apply,
14 whether criminal or civil, a director, a supervisor, or a
15 State employee who intentionally violates any provision of
16 Section 5-15, 5-20, 5-30, 5-35, or 5-40 or Article 10 or
17 Article 15 is subject to discipline or discharge by the
18 appropriate ultimate jurisdictional authority.
19 Penalties.
20 (a) A person is guilty of a Class A misdemeanor if that
21 person intentionally violates any provision of Section 5-15,
22 5-30, 5-40, or 5-45 or Article 15.
23 (b) A person who intentionally violates any provision of
24 Section 5-20 or Section 5-35 is guilty of a business offense
25 subject to a fine of at least $1,001 and up to $5,000.
26 (c) In addition to any other penalty that may apply,
27 whether criminal or civil, a director, a supervisor, or a
28 State employee who intentionally violates any provision of
29 Section 5-15, 5-20, 5-30, 5-35, or 5-40 or Article 15 is
30 subject to discipline or discharge by the appropriate
31 ultimate jurisdictional authority.
32 (Source: 93HB3412enr.)
33 (93 HB3412enr. Art. 70, Sec. 70-5)
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1 Sec. 70-5. Adoption by governmental entities.
2 (a) Within 6 months after the effective date of this
3 Act, each governmental entity shall adopt an ordinance or
4 resolution that regulates, in a manner no less restrictive
5 than Section 5-15 and Article 10 of this Act, (i) the
6 political activities of officers and employees of the
7 governmental entity and (ii) the soliciting and accepting of
8 gifts by and the offering and making of gifts to officers and
9 employees of the governmental entity.
10 (b) The Attorney General shall develop model ordinances
11 and resolutions for the purpose of this Article and shall
12 advise governmental entities on their contents and adoption.
13 (c) As used in this Article, (i) an "officer" means an
14 elected or appointed official; regardless of whether the
15 official is compensated, and (ii) an "employee" means a
16 full-time, part-time, or contractual employee.
17 (Source: 93HB3412enr.)
18 (93 HB3412enr. Art. 70, Sec. 70-15)
19 Sec. 70-15. Home rule preemption. This Article is a
20 denial and limitation of home rule powers and functions in
21 accordance with subsection (i) of Section 6 of Article VII of
22 the Illinois Constitution. A home rule unit may not regulate
23 the political activities of its officers and employees and
24 the soliciting, offering, accepting, and making of gifts in a
25 manner less restrictive than the provisions of this Act.
26 (Source: 93HB3412enr.)
27 Section 60. If and only if House Bill 3412 as passed by
28 the 93rd General Assembly becomes law, the Open Meetings Act
29 is amended by changing Section 1.02 as follows:
30 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
31 Sec. 1.02. For the purposes of this Act:
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1 "Meeting" means any gathering of a majority of a quorum
2 of the members of a public body held for the purpose of
3 discussing public business.
4 "Public body" includes all legislative, executive,
5 administrative or advisory bodies of the State, counties,
6 townships, cities, villages, incorporated towns, school
7 districts and all other municipal corporations, boards,
8 bureaus, committees or commissions of this State, and any
9 subsidiary bodies of any of the foregoing including but not
10 limited to committees and subcommittees which are supported
11 in whole or in part by tax revenue, or which expend tax
12 revenue, except the General Assembly and committees or
13 commissions thereof. "Public body" includes tourism boards
14 and convention or civic center boards located in counties
15 that are contiguous to the Mississippi River with populations
16 of more than 250,000 but less than 300,000. "Public body"
17 includes the Health Facilities Planning Board. "Public body"
18 does not include a child death review team or the Illinois
19 Child Death Review Teams Executive Council established under
20 the Child Death Review Team Act or an ethics commission,
21 ethics officer, or ultimate jurisdictional authority acting
22 under the State Officials and Employees Ethics Act State Gift
23 Ban Act as provided by Section 80 of that Act.
24 (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)
25 Section 70. If and only if House Bill 3412 as passed by
26 the 93rd General Assembly becomes law, the Freedom of
27 Information Act is amended by changing Section 7 as follows:
28 (5 ILCS 140/7) (from Ch. 116, par. 207)
29 Sec. 7. Exemptions.
30 (1) The following shall be exempt from inspection and
31 copying:
32 (a) Information specifically prohibited from
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1 disclosure by federal or State law or rules and
2 regulations adopted under federal or State law.
3 (b) Information that, if disclosed, would
4 constitute a clearly unwarranted invasion of personal
5 privacy, unless the disclosure is consented to in writing
6 by the individual subjects of the information. The
7 disclosure of information that bears on the public duties
8 of public employees and officials shall not be considered
9 an invasion of personal privacy. Information exempted
10 under this subsection (b) shall include but is not
11 limited to:
12 (i) files and personal information maintained
13 with respect to clients, patients, residents,
14 students or other individuals receiving social,
15 medical, educational, vocational, financial,
16 supervisory or custodial care or services directly
17 or indirectly from federal agencies or public
18 bodies;
19 (ii) personnel files and personal information
20 maintained with respect to employees, appointees or
21 elected officials of any public body or applicants
22 for those positions;
23 (iii) files and personal information
24 maintained with respect to any applicant, registrant
25 or licensee by any public body cooperating with or
26 engaged in professional or occupational
27 registration, licensure or discipline;
28 (iv) information required of any taxpayer in
29 connection with the assessment or collection of any
30 tax unless disclosure is otherwise required by State
31 statute; and
32 (v) information revealing the identity of
33 persons who file complaints with or provide
34 information to administrative, investigative, law
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1 enforcement or penal agencies; provided, however,
2 that identification of witnesses to traffic
3 accidents, traffic accident reports, and rescue
4 reports may be provided by agencies of local
5 government, except in a case for which a criminal
6 investigation is ongoing, without constituting a
7 clearly unwarranted per se invasion of personal
8 privacy under this subsection.
9 (c) Records compiled by any public body for
10 administrative enforcement proceedings and any law
11 enforcement or correctional agency for law enforcement
12 purposes or for internal matters of a public body, but
13 only to the extent that disclosure would:
14 (i) interfere with pending or actually and
15 reasonably contemplated law enforcement proceedings
16 conducted by any law enforcement or correctional
17 agency;
18 (ii) interfere with pending administrative
19 enforcement proceedings conducted by any public
20 body;
21 (iii) deprive a person of a fair trial or an
22 impartial hearing;
23 (iv) unavoidably disclose the identity of a
24 confidential source or confidential information
25 furnished only by the confidential source;
26 (v) disclose unique or specialized
27 investigative techniques other than those generally
28 used and known or disclose internal documents of
29 correctional agencies related to detection,
30 observation or investigation of incidents of crime
31 or misconduct;
32 (vi) constitute an invasion of personal
33 privacy under subsection (b) of this Section;
34 (vii) endanger the life or physical safety of
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1 law enforcement personnel or any other person; or
2 (viii) obstruct an ongoing criminal
3 investigation.
4 (d) Criminal history record information maintained
5 by State or local criminal justice agencies, except the
6 following which shall be open for public inspection and
7 copying:
8 (i) chronologically maintained arrest
9 information, such as traditional arrest logs or
10 blotters;
11 (ii) the name of a person in the custody of a
12 law enforcement agency and the charges for which
13 that person is being held;
14 (iii) court records that are public;
15 (iv) records that are otherwise available
16 under State or local law; or
17 (v) records in which the requesting party is
18 the individual identified, except as provided under
19 part (vii) of paragraph (c) of subsection (1) of
20 this Section.
21 "Criminal history record information" means data
22 identifiable to an individual and consisting of
23 descriptions or notations of arrests, detentions,
24 indictments, informations, pre-trial proceedings, trials,
25 or other formal events in the criminal justice system or
26 descriptions or notations of criminal charges (including
27 criminal violations of local municipal ordinances) and
28 the nature of any disposition arising therefrom,
29 including sentencing, court or correctional supervision,
30 rehabilitation and release. The term does not apply to
31 statistical records and reports in which individuals are
32 not identified and from which their identities are not
33 ascertainable, or to information that is for criminal
34 investigative or intelligence purposes.
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1 (e) Records that relate to or affect the security
2 of correctional institutions and detention facilities.
3 (f) Preliminary drafts, notes, recommendations,
4 memoranda and other records in which opinions are
5 expressed, or policies or actions are formulated, except
6 that a specific record or relevant portion of a record
7 shall not be exempt when the record is publicly cited and
8 identified by the head of the public body. The exemption
9 provided in this paragraph (f) extends to all those
10 records of officers and agencies of the General Assembly
11 that pertain to the preparation of legislative documents.
12 (g) Trade secrets and commercial or financial
13 information obtained from a person or business where the
14 trade secrets or information are proprietary, privileged
15 or confidential, or where disclosure of the trade secrets
16 or information may cause competitive harm, including all
17 information determined to be confidential under Section
18 4002 of the Technology Advancement and Development Act.
19 Nothing contained in this paragraph (g) shall be
20 construed to prevent a person or business from consenting
21 to disclosure.
22 (h) Proposals and bids for any contract, grant, or
23 agreement, including information which if it were
24 disclosed would frustrate procurement or give an
25 advantage to any person proposing to enter into a
26 contractor agreement with the body, until an award or
27 final selection is made. Information prepared by or for
28 the body in preparation of a bid solicitation shall be
29 exempt until an award or final selection is made.
30 (i) Valuable formulae, computer geographic systems,
31 designs, drawings and research data obtained or produced
32 by any public body when disclosure could reasonably be
33 expected to produce private gain or public loss.
34 (j) Test questions, scoring keys and other
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1 examination data used to administer an academic
2 examination or determined the qualifications of an
3 applicant for a license or employment.
4 (k) Architects' plans and engineers' technical
5 submissions for projects not constructed or developed in
6 whole or in part with public funds and for projects
7 constructed or developed with public funds, to the extent
8 that disclosure would compromise security.
9 (l) Library circulation and order records
10 identifying library users with specific materials.
11 (m) Minutes of meetings of public bodies closed to
12 the public as provided in the Open Meetings Act until the
13 public body makes the minutes available to the public
14 under Section 2.06 of the Open Meetings Act.
15 (n) Communications between a public body and an
16 attorney or auditor representing the public body that
17 would not be subject to discovery in litigation, and
18 materials prepared or compiled by or for a public body in
19 anticipation of a criminal, civil or administrative
20 proceeding upon the request of an attorney advising the
21 public body, and materials prepared or compiled with
22 respect to internal audits of public bodies.
23 (o) Information received by a primary or secondary
24 school, college or university under its procedures for
25 the evaluation of faculty members by their academic
26 peers.
27 (p) Administrative or technical information
28 associated with automated data processing operations,
29 including but not limited to software, operating
30 protocols, computer program abstracts, file layouts,
31 source listings, object modules, load modules, user
32 guides, documentation pertaining to all logical and
33 physical design of computerized systems, employee
34 manuals, and any other information that, if disclosed,
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1 would jeopardize the security of the system or its data
2 or the security of materials exempt under this Section.
3 (q) Documents or materials relating to collective
4 negotiating matters between public bodies and their
5 employees or representatives, except that any final
6 contract or agreement shall be subject to inspection and
7 copying.
8 (r) Drafts, notes, recommendations and memoranda
9 pertaining to the financing and marketing transactions of
10 the public body. The records of ownership, registration,
11 transfer, and exchange of municipal debt obligations, and
12 of persons to whom payment with respect to these
13 obligations is made.
14 (s) The records, documents and information relating
15 to real estate purchase negotiations until those
16 negotiations have been completed or otherwise terminated.
17 With regard to a parcel involved in a pending or actually
18 and reasonably contemplated eminent domain proceeding
19 under Article VII of the Code of Civil Procedure,
20 records, documents and information relating to that
21 parcel shall be exempt except as may be allowed under
22 discovery rules adopted by the Illinois Supreme Court.
23 The records, documents and information relating to a real
24 estate sale shall be exempt until a sale is consummated.
25 (t) Any and all proprietary information and records
26 related to the operation of an intergovernmental risk
27 management association or self-insurance pool or jointly
28 self-administered health and accident cooperative or
29 pool.
30 (u) Information concerning a university's
31 adjudication of student or employee grievance or
32 disciplinary cases, to the extent that disclosure would
33 reveal the identity of the student or employee and
34 information concerning any public body's adjudication of
-57- LRB093 12187 JAM 17367 b
1 student or employee grievances or disciplinary cases,
2 except for the final outcome of the cases.
3 (v) Course materials or research materials used by
4 faculty members.
5 (w) Information related solely to the internal
6 personnel rules and practices of a public body.
7 (x) Information contained in or related to
8 examination, operating, or condition reports prepared by,
9 on behalf of, or for the use of a public body responsible
10 for the regulation or supervision of financial
11 institutions or insurance companies, unless disclosure is
12 otherwise required by State law.
13 (y) Information the disclosure of which is
14 restricted under Section 5-108 of the Public Utilities
15 Act.
16 (z) Manuals or instruction to staff that relate to
17 establishment or collection of liability for any State
18 tax or that relate to investigations by a public body to
19 determine violation of any criminal law.
20 (aa) Applications, related documents, and medical
21 records received by the Experimental Organ
22 Transplantation Procedures Board and any and all
23 documents or other records prepared by the Experimental
24 Organ Transplantation Procedures Board or its staff
25 relating to applications it has received.
26 (bb) Insurance or self insurance (including any
27 intergovernmental risk management association or self
28 insurance pool) claims, loss or risk management
29 information, records, data, advice or communications.
30 (cc) Information and records held by the Department
31 of Public Health and its authorized representatives
32 relating to known or suspected cases of sexually
33 transmissible disease or any information the disclosure
34 of which is restricted under the Illinois Sexually
-58- LRB093 12187 JAM 17367 b
1 Transmissible Disease Control Act.
2 (dd) Information the disclosure of which is
3 exempted under Section 30 of the Radon Industry Licensing
4 Act.
5 (ee) Firm performance evaluations under Section 55
6 of the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (ff) Security portions of system safety program
9 plans, investigation reports, surveys, schedules, lists,
10 data, or information compiled, collected, or prepared by
11 or for the Regional Transportation Authority under
12 Section 2.11 of the Regional Transportation Authority Act
13 or the St. Clair County Transit District under the
14 Bi-State Transit Safety Act.
15 (gg) Information the disclosure of which is
16 restricted and exempted under Section 50 of the Illinois
17 Prepaid Tuition Act.
18 (hh) Information the disclosure of which is
19 exempted under the State Officials and Employees Ethics
20 Act Section 80 of the State Gift Ban Act.
21 (ii) Beginning July 1, 1999, information that would
22 disclose or might lead to the disclosure of secret or
23 confidential information, codes, algorithms, programs, or
24 private keys intended to be used to create electronic or
25 digital signatures under the Electronic Commerce Security
26 Act.
27 (jj) Information contained in a local emergency
28 energy plan submitted to a municipality in accordance
29 with a local emergency energy plan ordinance that is
30 adopted under Section 11-21.5-5 of the Illinois Municipal
31 Code.
32 (kk) Information and data concerning the
33 distribution of surcharge moneys collected and remitted
34 by wireless carriers under the Wireless Emergency
-59- LRB093 12187 JAM 17367 b
1 Telephone Safety Act.
2 (2) This Section does not authorize withholding of
3 information or limit the availability of records to the
4 public, except as stated in this Section or otherwise
5 provided in this Act.
6 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
7 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
8 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
9 eff. 7-11-02.)
10 Section 75. If and only if House Bill 3412 as passed by
11 the 93rd General Assembly becomes law, the Illinois Public
12 Labor Relations Act is amended by changing Section 3 as
13 follows:
14 (5 ILCS 315/3) (from Ch. 48, par. 1603)
15 Sec. 3. Definitions. As used in this Act, unless the
16 context otherwise requires:
17 (a) "Board" means the Illinois Labor Relations Board or,
18 with respect to a matter over which the jurisdiction of the
19 Board is assigned to the State Panel or the Local Panel under
20 Section 5, the panel having jurisdiction over the matter.
21 (b) "Collective bargaining" means bargaining over terms
22 and conditions of employment, including hours, wages, and
23 other conditions of employment, as detailed in Section 7 and
24 which are not excluded by Section 4.
25 (c) "Confidential employee" means an employee who, in
26 the regular course of his or her duties, assists and acts in
27 a confidential capacity to persons who formulate, determine,
28 and effectuate management policies with regard to labor
29 relations or who, in the regular course of his or her duties,
30 has authorized access to information relating to the
31 effectuation or review of the employer's collective
32 bargaining policies.
-60- LRB093 12187 JAM 17367 b
1 (d) "Craft employees" means skilled journeymen, crafts
2 persons, and their apprentices and helpers.
3 (e) "Essential services employees" means those public
4 employees performing functions so essential that the
5 interruption or termination of the function will constitute a
6 clear and present danger to the health and safety of the
7 persons in the affected community.
8 (f) "Exclusive representative", except with respect to
9 non-State fire fighters and paramedics employed by fire
10 departments and fire protection districts, non-State peace
11 officers, and peace officers in the Department of State
12 Police, means the labor organization that has been (i)
13 designated by the Board as the representative of a majority
14 of public employees in an appropriate bargaining unit in
15 accordance with the procedures contained in this Act, (ii)
16 historically recognized by the State of Illinois or any
17 political subdivision of the State before July 1, 1984 (the
18 effective date of this Act) as the exclusive representative
19 of the employees in an appropriate bargaining unit, or (iii)
20 after July 1, 1984 (the effective date of this Act)
21 recognized by an employer upon evidence, acceptable to the
22 Board, that the labor organization has been designated as the
23 exclusive representative by a majority of the employees in an
24 appropriate bargaining unit.
25 With respect to non-State fire fighters and paramedics
26 employed by fire departments and fire protection districts,
27 non-State peace officers, and peace officers in the
28 Department of State Police, "exclusive representative" means
29 the labor organization that has been (i) designated by the
30 Board as the representative of a majority of peace officers
31 or fire fighters in an appropriate bargaining unit in
32 accordance with the procedures contained in this Act, (ii)
33 historically recognized by the State of Illinois or any
34 political subdivision of the State before January 1, 1986
-61- LRB093 12187 JAM 17367 b
1 (the effective date of this amendatory Act of 1985) as the
2 exclusive representative by a majority of the peace officers
3 or fire fighters in an appropriate bargaining unit, or (iii)
4 after January 1, 1986 (the effective date of this amendatory
5 Act of 1985) recognized by an employer upon evidence,
6 acceptable to the Board, that the labor organization has been
7 designated as the exclusive representative by a majority of
8 the peace officers or fire fighters in an appropriate
9 bargaining unit.
10 (g) "Fair share agreement" means an agreement between
11 the employer and an employee organization under which all or
12 any of the employees in a collective bargaining unit are
13 required to pay their proportionate share of the costs of the
14 collective bargaining process, contract administration, and
15 pursuing matters affecting wages, hours, and other conditions
16 of employment, but not to exceed the amount of dues uniformly
17 required of members. The amount certified by the exclusive
18 representative shall not include any fees for contributions
19 related to the election or support of any candidate for
20 political office. Nothing in this subsection (g) shall
21 preclude an employee from making voluntary political
22 contributions in conjunction with his or her fair share
23 payment.
24 (g-1) "Fire fighter" means, for the purposes of this Act
25 only, any person who has been or is hereafter appointed to a
26 fire department or fire protection district or employed by a
27 state university and sworn or commissioned to perform fire
28 fighter duties or paramedic duties, except that the following
29 persons are not included: part-time fire fighters, auxiliary,
30 reserve or voluntary fire fighters, including paid on-call
31 fire fighters, clerks and dispatchers or other civilian
32 employees of a fire department or fire protection district
33 who are not routinely expected to perform fire fighter
34 duties, or elected officials.
-62- LRB093 12187 JAM 17367 b
1 (g-2) "General Assembly of the State of Illinois" means
2 the legislative branch of the government of the State of
3 Illinois, as provided for under Article IV of the
4 Constitution of the State of Illinois, and includes but is
5 not limited to the House of Representatives, the Senate, the
6 Speaker of the House of Representatives, the Minority Leader
7 of the House of Representatives, the President of the Senate,
8 the Minority Leader of the Senate, the Joint Committee on
9 Legislative Support Services and any legislative support
10 services agency listed in the Legislative Commission
11 Reorganization Act of 1984.
12 (h) "Governing body" means, in the case of the State,
13 the State Panel of the Illinois Labor Relations Board, the
14 Director of the Department of Central Management Services,
15 and the Director of the Department of Labor; the county board
16 in the case of a county; the corporate authorities in the
17 case of a municipality; and the appropriate body authorized
18 to provide for expenditures of its funds in the case of any
19 other unit of government.
20 (i) "Labor organization" means any organization in which
21 public employees participate and that exists for the purpose,
22 in whole or in part, of dealing with a public employer
23 concerning wages, hours, and other terms and conditions of
24 employment, including the settlement of grievances.
25 (j) "Managerial employee" means an individual who is
26 engaged predominantly in executive and management functions
27 and is charged with the responsibility of directing the
28 effectuation of management policies and practices.
29 (k) "Peace officer" means, for the purposes of this Act
30 only, any persons who have been or are hereafter appointed to
31 a police force, department, or agency and sworn or
32 commissioned to perform police duties, except that the
33 following persons are not included: part-time police
34 officers, special police officers, auxiliary police as
-63- LRB093 12187 JAM 17367 b
1 defined by Section 3.1-30-20 of the Illinois Municipal Code,
2 night watchmen, "merchant police", court security officers as
3 defined by Section 3-6012.1 of the Counties Code, temporary
4 employees, traffic guards or wardens, civilian parking meter
5 and parking facilities personnel or other individuals
6 specially appointed to aid or direct traffic at or near
7 schools or public functions or to aid in civil defense or
8 disaster, parking enforcement employees who are not
9 commissioned as peace officers and who are not armed and who
10 are not routinely expected to effect arrests, parking lot
11 attendants, clerks and dispatchers or other civilian
12 employees of a police department who are not routinely
13 expected to effect arrests, or elected officials.
14 (l) "Person" includes one or more individuals, labor
15 organizations, public employees, associations, corporations,
16 legal representatives, trustees, trustees in bankruptcy,
17 receivers, or the State of Illinois or any political
18 subdivision of the State or governing body, but does not
19 include the General Assembly of the State of Illinois or any
20 individual employed by the General Assembly of the State of
21 Illinois.
22 (m) "Professional employee" means any employee engaged
23 in work predominantly intellectual and varied in character
24 rather than routine mental, manual, mechanical or physical
25 work; involving the consistent exercise of discretion and
26 adjustment in its performance; of such a character that the
27 output produced or the result accomplished cannot be
28 standardized in relation to a given period of time; and
29 requiring advanced knowledge in a field of science or
30 learning customarily acquired by a prolonged course of
31 specialized intellectual instruction and study in an
32 institution of higher learning or a hospital, as
33 distinguished from a general academic education or from
34 apprenticeship or from training in the performance of routine
-64- LRB093 12187 JAM 17367 b
1 mental, manual, or physical processes; or any employee who
2 has completed the courses of specialized intellectual
3 instruction and study prescribed in this subsection (m) and
4 is performing related work under the supervision of a
5 professional person to qualify to become a professional
6 employee as defined in this subsection (m).
7 (n) "Public employee" or "employee", for the purposes of
8 this Act, means any individual employed by a public employer,
9 including interns and residents at public hospitals, but
10 excluding all of the following: employees of the General
11 Assembly of the State of Illinois; elected officials;
12 executive heads of a department; members of boards or
13 commissions; the Executive Inspectors General; employees of
14 each Office of an Executive Inspector General; commissioners
15 and employees of the Executive Ethics Commission; the
16 Legislative Inspector General; employees of the Office of the
17 Legislative Inspector General; commissioners and employees of
18 the Legislative Ethics Commission; employees of any agency,
19 board or commission created by this Act; employees appointed
20 to State positions of a temporary or emergency nature; all
21 employees of school districts and higher education
22 institutions except firefighters and peace officers employed
23 by a state university; managerial employees; short-term
24 employees; confidential employees; independent contractors;
25 and supervisors except as provided in this Act.
26 Notwithstanding Section 9, subsection (c), or any other
27 provisions of this Act, all peace officers above the rank of
28 captain in municipalities with more than 1,000,000
29 inhabitants shall be excluded from this Act.
30 (o) "Public employer" or "employer" means the State of
31 Illinois; any political subdivision of the State, unit of
32 local government or school district; authorities including
33 departments, divisions, bureaus, boards, commissions, or
34 other agencies of the foregoing entities; and any person
-65- LRB093 12187 JAM 17367 b
1 acting within the scope of his or her authority, express or
2 implied, on behalf of those entities in dealing with its
3 employees. "Public employer" or "employer" as used in this
4 Act, however, does not mean and shall not include the General
5 Assembly of the State of Illinois, the Executive Ethics
6 Commission, the Offices of the Executive Inspectors General,
7 the Legislative Ethics Commission, the Office of the
8 Legislative Inspector General, and educational employers or
9 employers as defined in the Illinois Educational Labor
10 Relations Act, except with respect to a state university in
11 its employment of firefighters and peace officers. County
12 boards and county sheriffs shall be designated as joint or
13 co-employers of county peace officers appointed under the
14 authority of a county sheriff. Nothing in this subsection
15 (o) shall be construed to prevent the State Panel or the
16 Local Panel from determining that employers are joint or
17 co-employers.
18 (p) "Security employee" means an employee who is
19 responsible for the supervision and control of inmates at
20 correctional facilities. The term also includes other
21 non-security employees in bargaining units having the
22 majority of employees being responsible for the supervision
23 and control of inmates at correctional facilities.
24 (q) "Short-term employee" means an employee who is
25 employed for less than 2 consecutive calendar quarters during
26 a calendar year and who does not have a reasonable assurance
27 that he or she will be rehired by the same employer for the
28 same service in a subsequent calendar year.
29 (r) "Supervisor" is an employee whose principal work is
30 substantially different from that of his or her subordinates
31 and who has authority, in the interest of the employer, to
32 hire, transfer, suspend, lay off, recall, promote, discharge,
33 direct, reward, or discipline employees, to adjust their
34 grievances, or to effectively recommend any of those actions,
-66- LRB093 12187 JAM 17367 b
1 if the exercise of that authority is not of a merely routine
2 or clerical nature, but requires the consistent use of
3 independent judgment. Except with respect to police
4 employment, the term "supervisor" includes only those
5 individuals who devote a preponderance of their employment
6 time to exercising that authority, State supervisors
7 notwithstanding. In addition, in determining supervisory
8 status in police employment, rank shall not be determinative.
9 The Board shall consider, as evidence of bargaining unit
10 inclusion or exclusion, the common law enforcement policies
11 and relationships between police officer ranks and
12 certification under applicable civil service law, ordinances,
13 personnel codes, or Division 2.1 of Article 10 of the
14 Illinois Municipal Code, but these factors shall not be the
15 sole or predominant factors considered by the Board in
16 determining police supervisory status.
17 Notwithstanding the provisions of the preceding
18 paragraph, in determining supervisory status in fire fighter
19 employment, no fire fighter shall be excluded as a supervisor
20 who has established representation rights under Section 9 of
21 this Act. Further, in new fire fighter units, employees
22 shall consist of fire fighters of the rank of company officer
23 and below. If a company officer otherwise qualifies as a
24 supervisor under the preceding paragraph, however, he or she
25 shall not be included in the fire fighter unit. If there is
26 no rank between that of chief and the highest company
27 officer, the employer may designate a position on each shift
28 as a Shift Commander, and the persons occupying those
29 positions shall be supervisors. All other ranks above that
30 of company officer shall be supervisors.
31 (s) (1) "Unit" means a class of jobs or positions that
32 are held by employees whose collective interests may
33 suitably be represented by a labor organization for
34 collective bargaining. Except with respect to non-State
-67- LRB093 12187 JAM 17367 b
1 fire fighters and paramedics employed by fire departments
2 and fire protection districts, non-State peace officers,
3 and peace officers in the Department of State Police, a
4 bargaining unit determined by the Board shall not include
5 both employees and supervisors, or supervisors only,
6 except as provided in paragraph (2) of this subsection
7 (s) and except for bargaining units in existence on July
8 1, 1984 (the effective date of this Act). With respect
9 to non-State fire fighters and paramedics employed by
10 fire departments and fire protection districts, non-State
11 peace officers, and peace officers in the Department of
12 State Police, a bargaining unit determined by the Board
13 shall not include both supervisors and nonsupervisors, or
14 supervisors only, except as provided in paragraph (2) of
15 this subsection (s) and except for bargaining units in
16 existence on January 1, 1986 (the effective date of this
17 amendatory Act of 1985). A bargaining unit determined by
18 the Board to contain peace officers shall contain no
19 employees other than peace officers unless otherwise
20 agreed to by the employer and the labor organization or
21 labor organizations involved. Notwithstanding any other
22 provision of this Act, a bargaining unit, including a
23 historical bargaining unit, containing sworn peace
24 officers of the Department of Natural Resources (formerly
25 designated the Department of Conservation) shall contain
26 no employees other than such sworn peace officers upon
27 the effective date of this amendatory Act of 1990 or upon
28 the expiration date of any collective bargaining
29 agreement in effect upon the effective date of this
30 amendatory Act of 1990 covering both such sworn peace
31 officers and other employees.
32 (2) Notwithstanding the exclusion of supervisors
33 from bargaining units as provided in paragraph (1) of
34 this subsection (s), a public employer may agree to
-68- LRB093 12187 JAM 17367 b
1 permit its supervisory employees to form bargaining units
2 and may bargain with those units. This Act shall apply
3 if the public employer chooses to bargain under this
4 subsection.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-655, eff. 7-30-98;
6 91-798, eff. 7-9-00.)
7 (5 ILCS 395/Act rep.)
8 Section 80. If and only if House Bill 3412 as passed by
9 the 93rd General Assembly becomes law, the Whistle Blower
10 Protection Act is repealed.
11 (5 ILCS 425/Act rep.)
12 Section 85. If and only if House Bill 3412 as passed by
13 the 93rd General Assembly becomes law, the State Gift Ban Act
14 is repealed.
15 Section 90. If and only if House Bill 3412 as passed by
16 the 93rd General Assembly becomes law, the Personnel Code is
17 amended by changing Section 4c as follows:
18 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
19 Sec. 4c. General exemptions. The following positions in
20 State service shall be exempt from jurisdictions A, B, and C,
21 unless the jurisdictions shall be extended as provided in
22 this Act:
23 (1) All officers elected by the people.
24 (2) All positions under the Lieutenant Governor,
25 Secretary of State, State Treasurer, State Comptroller,
26 State Board of Education, Clerk of the Supreme Court, and
27 Attorney General.
28 (3) Judges, and officers and employees of the
29 courts, and notaries public.
30 (4) All officers and employees of the Illinois
-69- LRB093 12187 JAM 17367 b
1 General Assembly, all employees of legislative
2 commissions, all officers and employees of the Illinois
3 Legislative Reference Bureau, the Legislative Research
4 Unit, and the Legislative Printing Unit.
5 (5) All positions in the Illinois National Guard
6 and Illinois State Guard, paid from federal funds or
7 positions in the State Military Service filled by
8 enlistment and paid from State funds.
9 (6) All employees of the Governor at the executive
10 mansion and on his immediate personal staff.
11 (7) Directors of Departments, the Adjutant General,
12 the Assistant Adjutant General, the Director of the
13 Illinois Emergency Management Agency, members of boards
14 and commissions, and all other positions appointed by
15 the Governor by and with the consent of the Senate.
16 (8) The presidents, other principal administrative
17 officers, and teaching, research and extension faculties
18 of Chicago State University, Eastern Illinois University,
19 Governors State University, Illinois State University,
20 Northeastern Illinois University, Northern Illinois
21 University, Western Illinois University, the Illinois
22 Community College Board, Southern Illinois University,
23 Illinois Board of Higher Education, University of
24 Illinois, State Universities Civil Service System,
25 University Retirement System of Illinois, and the
26 administrative officers and scientific and technical
27 staff of the Illinois State Museum.
28 (9) All other employees except the presidents,
29 other principal administrative officers, and teaching,
30 research and extension faculties of the universities
31 under the jurisdiction of the Board of Regents and the
32 colleges and universities under the jurisdiction of the
33 Board of Governors of State Colleges and Universities,
34 Illinois Community College Board, Southern Illinois
-70- LRB093 12187 JAM 17367 b
1 University, Illinois Board of Higher Education, Board of
2 Governors of State Colleges and Universities, the Board
3 of Regents, University of Illinois, State Universities
4 Civil Service System, University Retirement System of
5 Illinois, so long as these are subject to the provisions
6 of the State Universities Civil Service Act.
7 (10) The State Police so long as they are subject
8 to the merit provisions of the State Police Act.
9 (11) The scientific staff of the State Scientific
10 Surveys and the Waste Management and Research Center.
11 (12) The technical and engineering staffs of the
12 Department of Transportation, the Department of Nuclear
13 Safety, the Pollution Control Board, and the Illinois
14 Commerce Commission, and the technical and engineering
15 staff providing architectural and engineering services in
16 the Department of Central Management Services.
17 (13) All employees of the Illinois State Toll
18 Highway Authority.
19 (14) The Secretary of the Industrial Commission.
20 (15) All persons who are appointed or employed by
21 the Director of Insurance under authority of Section 202
22 of the Illinois Insurance Code to assist the Director of
23 Insurance in discharging his responsibilities relating to
24 the rehabilitation, liquidation, conservation, and
25 dissolution of companies that are subject to the
26 jurisdiction of the Illinois Insurance Code.
27 (16) All employees of the St. Louis Metropolitan
28 Area Airport Authority.
29 (17) All investment officers employed by the
30 Illinois State Board of Investment.
31 (18) Employees of the Illinois Young Adult
32 Conservation Corps program, administered by the Illinois
33 Department of Natural Resources, authorized grantee under
34 Title VIII of the Comprehensive Employment and Training
-71- LRB093 12187 JAM 17367 b
1 Act of 1973, 29 USC 993.
2 (19) Seasonal employees of the Department of
3 Agriculture for the operation of the Illinois State Fair
4 and the DuQuoin State Fair, no one person receiving more
5 than 29 days of such employment in any calendar year.
6 (20) All "temporary" employees hired under the
7 Department of Natural Resources' Illinois Conservation
8 Service, a youth employment program that hires young
9 people to work in State parks for a period of one year or
10 less.
11 (21) All hearing officers of the Human Rights
12 Commission.
13 (22) All employees of the Illinois Mathematics and
14 Science Academy.
15 (23) All employees of the Kankakee River Valley
16 Area Airport Authority.
17 (24) The commissioners and employees of the
18 Executive Ethics Commission.
19 (25) The Executive Inspectors General and employees
20 of each Office of an Executive Inspector General.
21 (26) The commissioners and employees of the
22 Legislative Ethics Commission.
23 (27) The Legislative Inspector General and
24 employees of the Office of the Legislative Inspector
25 General.
26 (Source: P.A. 90-490, eff. 8-17-97; 91-214, eff. 1-1-00;
27 91-357, eff. 7-29-99.)
28 Section 95. Closed sessions; vote requirement. This Act
29 authorizes the ethics commissions of the executive branch and
30 legislative branch to conduct closed sessions, hearings, and
31 meetings in certain circumstances. In order to meet the
32 requirements of subsection (c) of Section 5 of Article IV of
33 the Illinois Constitution, the General Assembly determines
-72- LRB093 12187 JAM 17367 b
1 that closed sessions, hearings, and meetings of the ethics
2 commissions, including the ethics commission for the
3 legislative branch, are required by the public interest.
4 Thus, this Act is enacted by the affirmative vote of
5 two-thirds of the members elected to each house of the
6 General Assembly.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.
-73- LRB093 12187 JAM 17367 b
1 INDEX
2 Statutes amended in order of appearance
3 93 HB3412enr. Art. 1, Sec. 1-5
4 93 HB3412enr. Art. 5, Sec. 5-5
5 93 HB3412enr. Art. 5, Sec. 5-10
6 93 HB3412enr. Art. 10 heading new
7 93 HB3412enr. Sec. 10-10 new
8 93 HB3412enr. Sec. 10-15 new
9 93 HB3412enr. Sec. 10-30 new
10 93 HB3412enr. Sec. 10-40 new
11 93 HB3412enr. Art. 15, Sec. 15-25
12 93 HB3412enr. Art. 20 heading new
13 93 HB3412enr. Sec. 20-5 new
14 93 HB3412enr. Sec. 20-10 new
15 93 HB3412enr. Sec. 20-15 new
16 93 HB3412enr. Sec. 20-20 new
17 93 HB3412enr. Sec. 20-23 new
18 93 HB3412enr. Sec. 20-25 new
19 93 HB3412enr. Sec. 20-35 new
20 93 HB3412enr. Sec. 20-40 new
21 93 HB3412enr. Sec. 20-45 new
22 93 HB3412enr. Sec. 20-50 new
23 93 HB3412enr. Sec. 20-55 new
24 93 HB3412enr. Sec. 20-60 new
25 93 HB3412enr. Sec. 20-65 new
26 93 HB3412enr. Sec. 20-70 new
27 93 HB3412enr. Sec. 20-80 new
28 93 HB3412enr. Sec. 20-85 new
29 93 HB3412enr. Sec. 20-90 new
30 93 HB3412enr. Sec. 20-95 new
31 93 HB3412enr. Art. 25 heading new
32 93 HB3412enr. Sec. 25-5 new
33 93 HB3412enr. Sec. 25-10 new
34 93 HB3412enr. Sec. 25-15 new
-74- LRB093 12187 JAM 17367 b
1 93 HB3412enr. Sec. 25-20 new
2 93 HB3412enr. Sec. 25-23 new
3 93 HB3412enr. Sec. 25-25 new
4 93 HB3412enr. Sec. 25-35 new
5 93 HB3412enr. Sec. 25-45 new
6 93 HB3412enr. Sec. 25-50 new
7 93 HB3412enr. Sec. 25-55 new
8 93 HB3412enr. Sec. 25-60 new
9 93 HB3412enr. Sec. 25-65 new
10 93 HB3412enr. Sec. 25-70 new
11 93 HB3412enr. Sec. 25-80 new
12 93 HB3412enr. Sec. 25-85 new
13 93 HB3412enr. Sec. 25-90 new
14 93 HB3412enr. Sec. 25-95 new
15 93 HB3412enr. Art. 30 heading new
16 93 HB3412enr. Sec. 30-5 new
17 93 HB3412enr. Sec. 30-10 new
18 93 HB3412enr. Art. 50, Sec. 50-5
19 93 HB3412enr. Art. 70, Sec. 70-5
20 93 HB3412enr. Art. 70, Sec. 70-15
21 5 ILCS 120/1.02 from Ch. 102, par. 41.02
22 5 ILCS 140/7 from Ch. 116, par. 207
23 5 ILCS 315/3 from Ch. 48, par. 1603
24 5 ILCS 395/Act rep.
25 5 ILCS 425/Act rep.
26 20 ILCS 415/4c from Ch. 127, par. 63b104c