Full Text of HB0201 96th General Assembly
HB0201 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0201
Introduced 1/14/2009, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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Amends the State Officials and Employees Ethics Act. Makes a technical change in a Section concerning the Executive Ethics Commission.
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A BILL FOR
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HB0201 |
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LRB096 04279 JAM 14325 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Section 20-5 as follows: | 6 |
| (5 ILCS 430/20-5)
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| Sec. 20-5. Executive Ethics Commission.
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| (a) The The Executive Ethics Commission is created.
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| (b) The Executive Ethics Commission shall consist of 9
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| commissioners.
The Governor shall appoint 5 commissioners, and | 11 |
| the Attorney General, Secretary
of State, Comptroller, and | 12 |
| Treasurer shall each appoint one commissioner.
Appointments | 13 |
| shall be made by and with the advice and consent of the
Senate | 14 |
| by three-fifths of the elected members concurring by record | 15 |
| vote.
Any nomination not acted upon by the Senate within 60 | 16 |
| session days of the
receipt thereof shall be deemed to have | 17 |
| received the advice and consent of
the Senate. If, during a | 18 |
| recess of the Senate, there is a vacancy in an office
of | 19 |
| commissioner, the appointing authority shall make a temporary
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| appointment until the next meeting of the Senate when the | 21 |
| appointing
authority shall make a nomination to fill that | 22 |
| office. No person rejected for
an office of commissioner shall, | 23 |
| except by the Senate's request, be
nominated again for that |
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LRB096 04279 JAM 14325 b |
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| office at the same session of the Senate or be
appointed to | 2 |
| that office during a recess of that Senate.
No more than 5
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| commissioners may be of the same
political party.
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| The terms of the initial commissioners shall commence upon | 5 |
| qualification.
Four initial appointees of the Governor, as | 6 |
| designated by the Governor, shall
serve terms running through | 7 |
| June 30, 2007. One initial appointee of the
Governor, as | 8 |
| designated by the Governor, and the initial appointees of the
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| Attorney General, Secretary of State, Comptroller, and | 10 |
| Treasurer shall serve
terms running through June 30, 2008.
The | 11 |
| initial appointments shall be made within 60 days
after the | 12 |
| effective date of this Act.
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| After the initial terms, commissioners shall serve for | 14 |
| 4-year terms
commencing on July 1 of the year of appointment | 15 |
| and running
through June 30 of the fourth following year. | 16 |
| Commissioners may be
reappointed to one or more subsequent | 17 |
| terms.
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| Vacancies occurring other than at the end of a term shall | 19 |
| be filled
by the appointing authority only for the balance of | 20 |
| the
term of the commissioner whose office is vacant.
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| Terms shall run regardless of whether the position is | 22 |
| filled.
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| (c) The appointing authorities shall appoint commissioners | 24 |
| who
have experience holding governmental office or employment | 25 |
| and shall
appoint commissioners from the general public.
A | 26 |
| person is not eligible to
serve as a commissioner if that |
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| person (i) has been convicted of a
felony or a crime of | 2 |
| dishonesty or moral turpitude, (ii) is, or was
within the | 3 |
| preceding 12 months, engaged in activities that
require | 4 |
| registration under the Lobbyist Registration Act, (iii) is | 5 |
| related
to the appointing authority, or (iv) is a State officer | 6 |
| or employee.
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| (d) The Executive Ethics Commission shall have
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| jurisdiction over all officers and employees of State agencies | 9 |
| other
than the General Assembly, the Senate, the House of | 10 |
| Representatives,
the President and Minority Leader of the | 11 |
| Senate, the Speaker and
Minority Leader of the House of | 12 |
| Representatives, the Senate
Operations Commission, the | 13 |
| legislative support services agencies, and
the Office of the | 14 |
| Auditor General.
The jurisdiction of the
Commission is limited | 15 |
| to matters arising under this Act.
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| (e) The Executive Ethics Commission must meet, either
in | 17 |
| person or by other technological means, at least monthly and as
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| often as necessary. At the first meeting of the Executive
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| Ethics Commission, the commissioners shall choose from their
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| number a chairperson and other officers that they deem | 21 |
| appropriate.
The terms of officers shall be for 2 years | 22 |
| commencing July 1 and
running through June 30 of the second | 23 |
| following year. Meetings shall be held at
the call
of the | 24 |
| chairperson or any 3 commissioners. Official action by the
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| Commission shall require the affirmative vote of 5 | 26 |
| commissioners, and
a quorum shall consist of 5 commissioners. |
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| Commissioners shall receive
compensation in an amount equal to | 2 |
| the compensation of members of the State
Board of Elections and | 3 |
| may be
reimbursed for their reasonable expenses actually | 4 |
| incurred in the
performance of their duties.
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| (f) No commissioner or employee of the Executive
Ethics | 6 |
| Commission may during his or her term of appointment or | 7 |
| employment:
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| (1) become a candidate for any elective office;
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| (2) hold any other elected or appointed public office | 10 |
| except for
appointments on governmental advisory boards or | 11 |
| study commissions or as
otherwise expressly authorized by | 12 |
| law;
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| (3) be actively involved in the affairs of any | 14 |
| political party or
political
organization; or
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| (4) actively participate in any campaign for any | 16 |
| elective office.
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| (g) An appointing authority may remove a commissioner only | 18 |
| for cause.
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| (h) The Executive Ethics Commission shall appoint an | 20 |
| Executive Director. The
compensation of the Executive Director | 21 |
| shall be as determined by the Commission
or by the Compensation | 22 |
| Review Board, whichever amount is higher. The Executive
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| Director of the Executive Ethics Commission may employ and | 24 |
| determine the
compensation of staff, as appropriations permit.
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| (Source: P.A. 93-617, eff. 12-9-03.)
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