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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | |||||||||||||||||||||
5 | amended by changing Sections 1-5 and 70-5 as follows: | |||||||||||||||||||||
6 | (5 ILCS 430/1-5)
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7 | Sec. 1-5. Definitions. As used in this Act:
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8 | "Appointee" means a person appointed to a position in or | |||||||||||||||||||||
9 | with a State
agency, regardless of whether the position is | |||||||||||||||||||||
10 | compensated.
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11 | "Campaign for elective office" means any activity in | |||||||||||||||||||||
12 | furtherance of an
effort to influence the selection, | |||||||||||||||||||||
13 | nomination, election, or appointment of any
individual to any | |||||||||||||||||||||
14 | federal, State, or local public office or office in a
political | |||||||||||||||||||||
15 | organization, or the selection, nomination, or election
of | |||||||||||||||||||||
16 | Presidential or Vice-Presidential electors,
but does not | |||||||||||||||||||||
17 | include
activities (i) relating to the support or opposition of | |||||||||||||||||||||
18 | any executive,
legislative, or administrative action (as those | |||||||||||||||||||||
19 | terms are defined in Section 2
of the Lobbyist Registration | |||||||||||||||||||||
20 | Act), (ii) relating to collective bargaining, or
(iii) that are | |||||||||||||||||||||
21 | otherwise in furtherance of the person's official State duties.
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22 | "Candidate" means a person who has
filed nominating papers | |||||||||||||||||||||
23 | or petitions for nomination or election to an elected
State |
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1 | office, or who has been appointed to fill a vacancy in | ||||||
2 | nomination, and
who remains eligible for placement on the | ||||||
3 | ballot at either a
general primary election or general | ||||||
4 | election.
| ||||||
5 | "Collective bargaining" has the same meaning as that term | ||||||
6 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
7 | Act.
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8 | "Commission" means an ethics commission created by this | ||||||
9 | Act.
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10 | "Compensated time" means any time worked by or credited to | ||||||
11 | a State employee
that counts
toward any minimum work time | ||||||
12 | requirement imposed as a condition of employment
with a State | ||||||
13 | agency, but does not include any designated State holidays or | ||||||
14 | any
period when the employee is on a
leave of absence.
| ||||||
15 | "Compensatory time off" means authorized time off earned by | ||||||
16 | or awarded to a
State employee to compensate in whole or in | ||||||
17 | part for time worked in excess of
the minimum work time | ||||||
18 | required
of that employee as a condition of employment with a | ||||||
19 | State agency.
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20 | "Contribution" has the same meaning as that term is defined | ||||||
21 | in Section 9-1.4
of the Election Code.
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22 | "Employee" means (i) any person employed full-time, | ||||||
23 | part-time, or
pursuant to a contract and whose employment | ||||||
24 | duties are subject to the direction
and
control of an employer | ||||||
25 | with regard to the material details of how the work is
to be | ||||||
26 | performed or (ii) any appointee.
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1 | "Executive branch constitutional officer" means the | ||||||
2 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
3 | State, Comptroller, and Treasurer.
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4 | "Gift" means any gratuity, discount, entertainment, | ||||||
5 | hospitality, loan,
forbearance, or other tangible or | ||||||
6 | intangible item having monetary value
including, but not
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7 | limited to, cash, food and drink, and honoraria for speaking | ||||||
8 | engagements
related to or attributable to government | ||||||
9 | employment or the official position of
an
employee, member, or | ||||||
10 | officer.
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11 | "Governmental entity" means a unit of local government | ||||||
12 | (including a community college district) or a school
district | ||||||
13 | but not a State
agency.
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14 | "Leave of absence" means any period during which a State | ||||||
15 | employee does not
receive (i) compensation for State | ||||||
16 | employment, (ii) service credit towards
State pension | ||||||
17 | benefits, and (iii) health insurance benefits paid for by the
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18 | State.
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19 | "Legislative branch constitutional officer" means a member | ||||||
20 | of the General
Assembly and the Auditor General.
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21 | "Legislative leader" means the President and Minority | ||||||
22 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
23 | House of Representatives.
| ||||||
24 | "Member" means a member of the General Assembly.
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25 | "Officer" means an executive branch constitutional officer
| ||||||
26 | or a
legislative branch constitutional officer.
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1 | "Political" means any activity in support
of or in | ||||||
2 | connection with any campaign for elective office or any | ||||||
3 | political
organization, but does not include activities (i) | ||||||
4 | relating to the support or
opposition of any executive, | ||||||
5 | legislative, or administrative action (as those
terms are | ||||||
6 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
7 | relating
to collective bargaining, or (iii) that are
otherwise
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8 | in furtherance of the person's official
State duties or | ||||||
9 | governmental and public service functions.
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10 | "Political organization" means a party, committee, | ||||||
11 | association, fund, or
other organization (whether or not | ||||||
12 | incorporated) that is required to file a
statement of | ||||||
13 | organization with the State Board of Elections or a county | ||||||
14 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
15 | regard to those
activities that require filing with the State | ||||||
16 | Board of Elections or a county
clerk.
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17 | "Prohibited political activity" means:
| ||||||
18 | (1) Preparing for, organizing, or participating in any
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19 | political meeting, political rally, political | ||||||
20 | demonstration, or other political
event.
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21 | (2) Soliciting contributions, including but not | ||||||
22 | limited to the purchase
of, selling, distributing, or | ||||||
23 | receiving
payment for tickets for any political | ||||||
24 | fundraiser,
political meeting, or other political event.
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25 | (3) Soliciting, planning the solicitation of, or | ||||||
26 | preparing any document or
report regarding any thing of |
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1 | value intended as a campaign contribution.
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2 | (4) Planning, conducting, or participating in a public | ||||||
3 | opinion
poll in connection with a campaign for elective | ||||||
4 | office or on behalf of a
political organization for | ||||||
5 | political purposes or for or against any referendum
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6 | question.
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7 | (5) Surveying or gathering information from potential | ||||||
8 | or actual
voters in an election to determine probable vote | ||||||
9 | outcome in connection with a
campaign for elective office | ||||||
10 | or on behalf of a political organization for
political | ||||||
11 | purposes or for or against any referendum question.
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12 | (6) Assisting at the polls on election day on behalf of | ||||||
13 | any
political organization or candidate for elective | ||||||
14 | office or for or against any
referendum
question.
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15 | (7) Soliciting votes on behalf of a candidate for | ||||||
16 | elective office or a
political organization or for or | ||||||
17 | against any referendum question or helping in
an effort to | ||||||
18 | get voters
to the polls.
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19 | (8) Initiating for circulation, preparing, | ||||||
20 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
21 | a candidate for elective office or for or against any | ||||||
22 | referendum
question.
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23 | (9) Making contributions on behalf
of any candidate for | ||||||
24 | elective office in that capacity or in connection with a
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25 | campaign for elective office.
| ||||||
26 | (10) Preparing or reviewing responses to candidate |
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1 | questionnaires in
connection with a campaign for elective | ||||||
2 | office or on behalf of a political
organization for | ||||||
3 | political purposes.
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4 | (11) Distributing, preparing for distribution, or | ||||||
5 | mailing campaign
literature, campaign signs, or other | ||||||
6 | campaign material on behalf of any
candidate for elective | ||||||
7 | office or for or against any referendum question.
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8 | (12) Campaigning for any elective
office or for or | ||||||
9 | against any referendum question.
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10 | (13) Managing or working on a campaign for elective
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11 | office or for or against any referendum question.
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12 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
13 | political
party convention.
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14 | (15) Participating in any recount or challenge to the | ||||||
15 | outcome of
any election, except to the extent that under | ||||||
16 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
17 | Constitution each house of the General
Assembly shall judge | ||||||
18 | the elections, returns, and qualifications of its members.
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19 | "Prohibited source" means any person or entity who:
| ||||||
20 | (1) is seeking official action (i) by the
member or | ||||||
21 | officer or (ii) in the case of an employee, by
the employee
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22 | or by the
member, officer, State agency, or other employee | ||||||
23 | directing the
employee;
| ||||||
24 | (2) does business or seeks to do business (i) with the
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25 | member or officer or (ii) in the case of an employee,
with | ||||||
26 | the
employee or with the member, officer, State agency, or |
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1 | other
employee directing the
employee;
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2 | (3) conducts activities regulated (i) by the
member or | ||||||
3 | officer or (ii) in the case of an employee, by
the employee | ||||||
4 | or by the member, officer, State agency, or
other employee | ||||||
5 | directing the employee;
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6 | (4) has interests that may be substantially affected by | ||||||
7 | the performance or
non-performance of the official duties | ||||||
8 | of the member, officer, or
employee; or
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9 | (5) is registered or required to be registered with the | ||||||
10 | Secretary of State
under the Lobbyist Registration Act, | ||||||
11 | except that an entity not otherwise a
prohibited source | ||||||
12 | does not become a prohibited source merely because a
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13 | registered lobbyist is one of its members or serves on its | ||||||
14 | board of
directors.
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15 | "State agency" includes all officers, boards, commissions | ||||||
16 | and agencies
created by the Constitution, whether in the | ||||||
17 | executive or legislative
branch; all officers,
departments, | ||||||
18 | boards, commissions, agencies, institutions, authorities,
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19 | public institutions of higher learning as defined in Section 2 | ||||||
20 | of the Higher
Education
Cooperation Act (except community | ||||||
21 | colleges) , and bodies politic and corporate of the State; and
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22 | administrative
units or corporate outgrowths of the State | ||||||
23 | government which are created by
or pursuant to statute, other | ||||||
24 | than units of local government (including community college | ||||||
25 | districts) and their
officers, school districts, and boards of | ||||||
26 | election commissioners; and all
administrative units and |
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1 | corporate outgrowths of the above and as may be
created by | ||||||
2 | executive order of the Governor. "State agency" includes the | ||||||
3 | General
Assembly, the Senate, the House of Representatives, the | ||||||
4 | President and Minority
Leader of the Senate, the Speaker and | ||||||
5 | Minority Leader of the House of
Representatives, the Senate | ||||||
6 | Operations Commission, and the legislative support
services | ||||||
7 | agencies. "State agency" includes the Office
of the Auditor | ||||||
8 | General. "State agency" does not include the judicial branch.
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9 | "State employee" means any employee of a State agency.
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10 | "Ultimate jurisdictional
authority" means the following:
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11 | (1) For members, legislative partisan staff, and | ||||||
12 | legislative secretaries,
the appropriate
legislative | ||||||
13 | leader: President of the
Senate, Minority Leader of the | ||||||
14 | Senate, Speaker of the House of Representatives,
or | ||||||
15 | Minority Leader of the House of Representatives.
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16 | (2) For State employees who are professional staff or | ||||||
17 | employees of the
Senate and not covered under item (1), the | ||||||
18 | Senate Operations Commission.
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19 | (3) For State employees who are professional staff or | ||||||
20 | employees of the
House of Representatives and not covered | ||||||
21 | under item (1), the Speaker of the
House of | ||||||
22 | Representatives.
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23 | (4) For State employees who are employees of the | ||||||
24 | legislative support
services agencies, the Joint Committee | ||||||
25 | on Legislative Support Services.
| ||||||
26 | (5) For State employees of the Auditor General, the |
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1 | Auditor General.
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2 | (6) For State employees of public institutions of | ||||||
3 | higher learning as
defined in Section 2 of the Higher | ||||||
4 | Education Cooperation Act (except community colleges) , the | ||||||
5 | board of
trustees of the appropriate public institution of | ||||||
6 | higher learning.
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7 | (7) For State employees of an executive branch | ||||||
8 | constitutional officer
other than those described in | ||||||
9 | paragraph (6), the
appropriate executive branch | ||||||
10 | constitutional officer.
| ||||||
11 | (8) For State employees not under the jurisdiction of | ||||||
12 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
13 | Governor.
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14 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03; | ||||||
15 | 93-685, eff. 7-8-04.) | ||||||
16 | (5 ILCS 430/70-5)
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17 | Sec. 70-5. Adoption by governmental entities.
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18 | (a) Within 6 months after the effective date of this Act, | ||||||
19 | each governmental
entity other than a community college | ||||||
20 | district, and each community college district within 6 months | ||||||
21 | after the effective date of this amendatory Act of the 95th | ||||||
22 | General Assembly, shall
adopt an ordinance or resolution that | ||||||
23 | regulates, in a manner no less
restrictive than Section 5-15 | ||||||
24 | and Article 10 of this
Act, (i) the political activities of | ||||||
25 | officers and employees of the
governmental entity
and (ii) the |
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1 | soliciting and accepting of gifts by and the offering and | ||||||
2 | making
of gifts to
officers and employees of the governmental | ||||||
3 | entity.
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4 | (b) Within 3 months after the effective date of this | ||||||
5 | amendatory Act of the
93rd General Assembly, the Attorney | ||||||
6 | General shall develop model ordinances
and resolutions for
the
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7 | purpose of this Article. The Attorney General shall advise
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8 | governmental
entities on their
contents and adoption.
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9 | (c) As used in this Article, (i) an "officer" means an | ||||||
10 | elected or appointed
official; regardless of whether the | ||||||
11 | official is compensated,
and (ii) an "employee" means a | ||||||
12 | full-time, part-time, or contractual employee.
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13 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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