State of Illinois
2017 and 2018


Introduced , by Rep. Jeanne M Ives


5 ILCS 430/1-5
5 ILCS 430/5-70 new

    Amends the State Officials and Employees Ethics Act. Provides for specified rights of complainants under the Act. Defines terms. Effective immediately.

LRB100 19009 RJF 34263 b





HB4840LRB100 19009 RJF 34263 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 1-5 and by adding Section 5-70 as
7    (5 ILCS 430/1-5)
8    Sec. 1-5. Definitions. As used in this Act:
9    "Appointee" means a person appointed to a position in or
10with a State agency, regardless of whether the position is
12    "Board members of Regional Transit Boards" means any person
13appointed to serve on the governing board of a Regional Transit
15    "Campaign for elective office" means any activity in
16furtherance of an effort to influence the selection,
17nomination, election, or appointment of any individual to any
18federal, State, or local public office or office in a political
19organization, or the selection, nomination, or election of
20Presidential or Vice-Presidential electors, but does not
21include activities (i) relating to the support or opposition of
22any executive, legislative, or administrative action (as those
23terms are defined in Section 2 of the Lobbyist Registration



HB4840- 2 -LRB100 19009 RJF 34263 b

1Act), (ii) relating to collective bargaining, or (iii) that are
2otherwise in furtherance of the person's official State duties.
3    "Candidate" means a person who has filed nominating papers
4or petitions for nomination or election to an elected State
5office, or who has been appointed to fill a vacancy in
6nomination, and who remains eligible for placement on the
7ballot at either a general primary election or general
9    "Collective bargaining" has the same meaning as that term
10is defined in Section 3 of the Illinois Public Labor Relations
12    "Commission" means an ethics commission created by this
14    "Compensated time" means any time worked by or credited to
15a State employee that counts toward any minimum work time
16requirement imposed as a condition of employment with a State
17agency, but does not include any designated State holidays or
18any period when the employee is on a leave of absence.
19    "Compensatory time off" means authorized time off earned by
20or awarded to a State employee to compensate in whole or in
21part for time worked in excess of the minimum work time
22required of that employee as a condition of employment with a
23State agency.
24    "Complainant" means a person who makes a complaint with the
25Office of an Inspector General against any officer of the State
26or State employee alleging violations of any laws, policies,



HB4840- 3 -LRB100 19009 RJF 34263 b

1procedures, or rules established under this Act.
2    "Contribution" has the same meaning as that term is defined
3in Section 9-1.4 of the Election Code.
4    "Employee" means (i) any person employed full-time,
5part-time, or pursuant to a contract and whose employment
6duties are subject to the direction and control of an employer
7with regard to the material details of how the work is to be
8performed or (ii) any appointed or elected commissioner,
9trustee, director, or board member of a board of a State
10agency, including any retirement system or investment board
11subject to the Illinois Pension Code or (iii) any other
13    "Employment benefits" include but are not limited to the
14following: modified compensation or benefit terms; compensated
15time off; or change of title, job duties, or location of office
16or employment. An employment benefit may also include favorable
17treatment in determining whether to bring any disciplinary or
18similar action or favorable treatment during the course of any
19disciplinary or similar action or other performance review.
20    "Executive branch constitutional officer" means the
21Governor, Lieutenant Governor, Attorney General, Secretary of
22State, Comptroller, and Treasurer.
23    "Gift" means any gratuity, discount, entertainment,
24hospitality, loan, forbearance, or other tangible or
25intangible item having monetary value including, but not
26limited to, cash, food and drink, and honoraria for speaking



HB4840- 4 -LRB100 19009 RJF 34263 b

1engagements related to or attributable to government
2employment or the official position of an employee, member, or
3officer. The value of a gift may be further defined by rules
4adopted by the appropriate ethics commission or by the Auditor
5General for the Auditor General and for employees of the office
6of the Auditor General.
7    "Governmental entity" means a unit of local government
8(including a community college district) or a school district
9but not a State agency or a Regional Transit Board.
10    "Inspector General" means an Executive Inspector General,
11the Legislative Inspector General, or any other inspector
12general created and authorized under this Act.
13    "Leave of absence" means any period during which a State
14employee does not receive (i) compensation for State
15employment, (ii) service credit towards State pension
16benefits, and (iii) health insurance benefits paid for by the
18    "Legislative branch constitutional officer" means a member
19of the General Assembly and the Auditor General.
20    "Legislative leader" means the President and Minority
21Leader of the Senate and the Speaker and Minority Leader of the
22House of Representatives.
23    "Member" means a member of the General Assembly.
24    "Officer" means an executive branch constitutional officer
25or a legislative branch constitutional officer.
26    "Political" means any activity in support of or in



HB4840- 5 -LRB100 19009 RJF 34263 b

1connection with any campaign for elective office or any
2political organization, but does not include activities (i)
3relating to the support or opposition of any executive,
4legislative, or administrative action (as those terms are
5defined in Section 2 of the Lobbyist Registration Act), (ii)
6relating to collective bargaining, or (iii) that are otherwise
7in furtherance of the person's official State duties or
8governmental and public service functions.
9    "Political organization" means a party, committee,
10association, fund, or other organization (whether or not
11incorporated) that is required to file a statement of
12organization with the State Board of Elections or a county
13clerk under Section 9-3 of the Election Code, but only with
14regard to those activities that require filing with the State
15Board of Elections or a county clerk.
16    "Prohibited political activity" means:
17        (1) Preparing for, organizing, or participating in any
18    political meeting, political rally, political
19    demonstration, or other political event.
20        (2) Soliciting contributions, including but not
21    limited to the purchase of, selling, distributing, or
22    receiving payment for tickets for any political
23    fundraiser, political meeting, or other political event.
24        (3) Soliciting, planning the solicitation of, or
25    preparing any document or report regarding any thing of
26    value intended as a campaign contribution.



HB4840- 6 -LRB100 19009 RJF 34263 b

1        (4) Planning, conducting, or participating in a public
2    opinion poll in connection with a campaign for elective
3    office or on behalf of a political organization for
4    political purposes or for or against any referendum
5    question.
6        (5) Surveying or gathering information from potential
7    or actual voters in an election to determine probable vote
8    outcome in connection with a campaign for elective office
9    or on behalf of a political organization for political
10    purposes or for or against any referendum question.
11        (6) Assisting at the polls on election day on behalf of
12    any political organization or candidate for elective
13    office or for or against any referendum question.
14        (7) Soliciting votes on behalf of a candidate for
15    elective office or a political organization or for or
16    against any referendum question or helping in an effort to
17    get voters to the polls.
18        (8) Initiating for circulation, preparing,
19    circulating, reviewing, or filing any petition on behalf of
20    a candidate for elective office or for or against any
21    referendum question.
22        (9) Making contributions on behalf of any candidate for
23    elective office in that capacity or in connection with a
24    campaign for elective office.
25        (10) Preparing or reviewing responses to candidate
26    questionnaires in connection with a campaign for elective



HB4840- 7 -LRB100 19009 RJF 34263 b

1    office or on behalf of a political organization for
2    political purposes.
3        (11) Distributing, preparing for distribution, or
4    mailing campaign literature, campaign signs, or other
5    campaign material on behalf of any candidate for elective
6    office or for or against any referendum question.
7        (12) Campaigning for any elective office or for or
8    against any referendum question.
9        (13) Managing or working on a campaign for elective
10    office or for or against any referendum question.
11        (14) Serving as a delegate, alternate, or proxy to a
12    political party convention.
13        (15) Participating in any recount or challenge to the
14    outcome of any election, except to the extent that under
15    subsection (d) of Section 6 of Article IV of the Illinois
16    Constitution each house of the General Assembly shall judge
17    the elections, returns, and qualifications of its members.
18    "Prohibited source" means any person or entity who:
19        (1) is seeking official action (i) by the member or
20    officer or (ii) in the case of an employee, by the employee
21    or by the member, officer, State agency, or other employee
22    directing the employee;
23        (2) does business or seeks to do business (i) with the
24    member or officer or (ii) in the case of an employee, with
25    the employee or with the member, officer, State agency, or
26    other employee directing the employee;



HB4840- 8 -LRB100 19009 RJF 34263 b

1        (3) conducts activities regulated (i) by the member or
2    officer or (ii) in the case of an employee, by the employee
3    or by the member, officer, State agency, or other employee
4    directing the employee;
5        (4) has interests that may be substantially affected by
6    the performance or non-performance of the official duties
7    of the member, officer, or employee;
8        (5) is registered or required to be registered with the
9    Secretary of State under the Lobbyist Registration Act,
10    except that an entity not otherwise a prohibited source
11    does not become a prohibited source merely because a
12    registered lobbyist is one of its members or serves on its
13    board of directors; or
14        (6) is an agent of, a spouse of, or an immediate family
15    member who is living with a "prohibited source".
16    "Regional Transit Boards" means (i) the Regional
17Transportation Authority created by the Regional
18Transportation Authority Act, (ii) the Suburban Bus Division
19created by the Regional Transportation Authority Act, (iii) the
20Commuter Rail Division created by the Regional Transportation
21Authority Act, and (iv) the Chicago Transit Authority created
22by the Metropolitan Transit Authority Act.
23    "State agency" includes all officers, boards, commissions
24and agencies created by the Constitution, whether in the
25executive or legislative branch; all officers, departments,
26boards, commissions, agencies, institutions, authorities,



HB4840- 9 -LRB100 19009 RJF 34263 b

1public institutions of higher learning as defined in Section 2
2of the Higher Education Cooperation Act (except community
3colleges), and bodies politic and corporate of the State; and
4administrative units or corporate outgrowths of the State
5government which are created by or pursuant to statute, other
6than units of local government (including community college
7districts) and their officers, school districts, and boards of
8election commissioners; and all administrative units and
9corporate outgrowths of the above and as may be created by
10executive order of the Governor. "State agency" includes the
11General Assembly, the Senate, the House of Representatives, the
12President and Minority Leader of the Senate, the Speaker and
13Minority Leader of the House of Representatives, the Senate
14Operations Commission, and the legislative support services
15agencies. "State agency" includes the Office of the Auditor
16General. "State agency" does not include the judicial branch.
17    "State employee" means any employee of a State agency.
18    "Ultimate jurisdictional authority" means the following:
19        (1) For members, legislative partisan staff, and
20    legislative secretaries, the appropriate legislative
21    leader: President of the Senate, Minority Leader of the
22    Senate, Speaker of the House of Representatives, or
23    Minority Leader of the House of Representatives.
24        (2) For State employees who are professional staff or
25    employees of the Senate and not covered under item (1), the
26    Senate Operations Commission.



HB4840- 10 -LRB100 19009 RJF 34263 b

1        (3) For State employees who are professional staff or
2    employees of the House of Representatives and not covered
3    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 Committee
7    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 (except community colleges), the
13    board of trustees of the appropriate public institution of
14    higher learning.
15        (7) For State employees of an executive branch
16    constitutional officer other than those described in
17    paragraph (6), the appropriate executive branch
18    constitutional officer.
19        (8) For State employees not under the jurisdiction of
20    paragraph (1), (2), (3), (4), (5), (6), or (7), the
21    Governor.
22        (9) For employees of Regional Transit Boards, the
23    appropriate Regional Transit Board.
24        (10) For board members of Regional Transit Boards, the
25    Governor.
26(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528,



HB4840- 11 -LRB100 19009 RJF 34263 b

1eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
2    (5 ILCS 430/5-70 new)
3    Sec. 5-70. Rights of complainants. Each complainant under
4this Act has a right to the following:
5        (1) to be notified of the complainant's rights and
6    receive an explanation of the process, rules, and
7    procedures related to the complainant's rights, including,
8    but not limited to, the duties of the Inspector General and
9    the appropriate Ethics Commission within 48 hours of filing
10    a complaint with the Inspector General;
11        (2) to be notified of the receipt of his or her
12    complaint by the Inspector General, notice must be provided
13    within 48 hours for sexual harassment complaints, and no
14    later than 30 days for all other complaints;
15        (3) to be informed of the decision made and actions
16    taken by the Inspector General as to whether the complaint
17    warrants an investigation or referral, information must be
18    provided within 48 hours for sexual harassment complaints,
19    and no later than 30 days for all other complaints;
20        (4) to have an attorney or support person of the
21    complainant's choice, and at the complainant's expense,
22    present at any and all interviews or meetings, whether in
23    person or by any other form of communication, that is
24    arranged either by the complainant or the Inspector
25    General;



HB4840- 12 -LRB100 19009 RJF 34263 b

1        (5) to receive the Inspector General's summary of the
2    information provided to the Inspector General, including
3    any and all statements and evidence provided to the
4    Inspector General by the complainant, for the
5    complainant's review and for the complainant to make any
6    necessary corrections to the summary or provide additional
7    content for inclusion in the Inspector General's summary of
8    the complainant's statements and evidence;
9        (6) to submit a victim impact statement that shall be
10    included in the Inspector General's summary report to the
11    appropriate Ethics Commission for its consideration in
12    determining an appropriate outcome;
13        (7) to testify and be heard at a hearing on the
14    complaint;
15        (8) to attend a hearing on the complaint with an
16    attorney or other support person of the complainant's
17    choice, and at the complainant's expense;
18        (9) to receive a report of the Inspector General's
19    findings and recommendations of the Inspector General's
20    investigation of the complaint within 7 days after the
21    appropriate Ethics Commission's receipt of the Inspector
22    General's findings and recommendations.
23        (10) a report of the appropriate Ethics Commission's
24    decision to determine the outcome of the complaint within 7
25    days of the final decision; and
26        (11) to file a complaint with the Inspector General for



HB4840- 13 -LRB100 19009 RJF 34263 b

1    any violation of the complainant's rights under this
2    Section that is subject to the fines and penalties
3    established under this Act.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.