Full Text of SB1897 093rd General Assembly
SB1897enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to governmental ethics.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 1-5, 5-20, 25-5, 25-10, and 25-95 | 6 |
| as follows: | 7 |
| (5 ILCS 430/1-5)
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| Sec. 1-5. Definitions. As used in this Act:
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| "Appointee" means a person appointed to a position in or | 10 |
| with a State
agency, regardless of whether the position is | 11 |
| compensated.
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| "Campaign for elective office" means any activity in | 13 |
| furtherance of an
effort to influence the selection, | 14 |
| nomination, election, or appointment of any
individual to any | 15 |
| federal, State, or local public office or office in a
political | 16 |
| organization, or the selection, nomination, or election
of | 17 |
| Presidential or Vice-Presidential electors,
but does not | 18 |
| include
activities (i) relating to the support or opposition of | 19 |
| any executive,
legislative, or administrative action (as those | 20 |
| terms are defined in Section 2
of the Lobbyist Registration | 21 |
| Act), (ii) relating to collective bargaining, or
(iii) that are | 22 |
| otherwise in furtherance of the person's official State duties.
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| "Candidate" means a person who has
filed nominating papers | 24 |
| or petitions for nomination or election to an elected
State | 25 |
| office, or who has been appointed to fill a vacancy in | 26 |
| nomination, and
who remains eligible for placement on the | 27 |
| ballot at either a
general primary election or general | 28 |
| election.
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| "Collective bargaining" has the same meaning as that term | 30 |
| is defined in
Section 3 of the Illinois Public Labor Relations | 31 |
| Act.
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| "Commission" means an ethics commission created by this |
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| Act.
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| "Compensated time" means any time worked by or credited to | 3 |
| a State employee
that counts
toward any minimum work time | 4 |
| requirement imposed as a condition of employment
with a State | 5 |
| agency, but does not include any designated State holidays or | 6 |
| any
period when the employee is on a
leave of absence.
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| "Compensatory time off" means authorized time off earned by | 8 |
| or awarded to a
State employee to compensate in whole or in | 9 |
| part for time worked in excess of
the minimum work time | 10 |
| required
of that employee as a condition of employment with a | 11 |
| State agency.
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| "Contribution" has the same meaning as that term is defined | 13 |
| in Section 9-1.4
of the Election Code.
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| "Employee" means (i) any person employed full-time, | 15 |
| part-time, or
pursuant to a contract and whose employment | 16 |
| duties are subject to the direction
and
control of an employer | 17 |
| with regard to the material details of how the work is
to be | 18 |
| performed or (ii) any appointee.
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| "Executive branch constitutional officer" means the | 20 |
| Governor, Lieutenant
Governor, Attorney General, Secretary of | 21 |
| State, Comptroller, and Treasurer.
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| "Gift" means any gratuity, discount, entertainment, | 23 |
| hospitality, loan,
forbearance, or other tangible or | 24 |
| intangible item having monetary value
including, but not
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| limited to, cash, food and drink, and honoraria for speaking | 26 |
| engagements
related to or attributable to government | 27 |
| employment or the official position of
an
employee, member, or | 28 |
| officer.
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| "Governmental entity" means a unit of local government or a | 30 |
| school
district but not a State
agency.
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| "Leave of absence" means any period during which a State | 32 |
| employee does not
receive (i) compensation for State | 33 |
| employment, (ii) service credit towards
State pension | 34 |
| benefits, and (iii) health insurance benefits paid for by the
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| State.
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| "Legislative branch constitutional officer" means a member |
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| of the General
Assembly and the Auditor General.
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| "Legislative leader" means the President and Minority | 3 |
| Leader of the Senate
and the Speaker and Minority Leader of the | 4 |
| House of Representatives.
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| "Member" means a member of the General Assembly.
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| "Officer" means an executive branch constitutional officer
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| or a
legislative branch constitutional officer.
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| "Political" means any activity in support
of or in | 9 |
| connection with any campaign for elective office or any | 10 |
| political
organization, but does not include activities (i) | 11 |
| relating to the support or
opposition of any executive, | 12 |
| legislative, or administrative action (as those
terms are | 13 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) | 14 |
| relating
to collective bargaining, or (iii) that are
otherwise
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| in furtherance of the person's official
State duties or | 16 |
| governmental and public service functions .
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| "Political organization" means a party, committee, | 18 |
| association, fund, or
other organization (whether or not | 19 |
| incorporated) that is required to file a
statement of | 20 |
| organization with the State Board of Elections or a county | 21 |
| clerk
under Section 9-3 of the Election Code, but only with | 22 |
| regard to those
activities that require filing with the State | 23 |
| Board of Elections or a county
clerk.
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| "Prohibited political activity" means:
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| (1) Preparing for, organizing, or participating in any
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| political meeting, political rally, political | 27 |
| demonstration, or other political
event.
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| (2) Soliciting contributions, including but not | 29 |
| limited to the purchase
of, selling, distributing, or | 30 |
| receiving
payment for tickets for any political | 31 |
| fundraiser,
political meeting, or other political event.
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| (3) Soliciting, planning the solicitation of, or | 33 |
| preparing any document or
report regarding any thing of | 34 |
| value intended as a campaign contribution.
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| (4) Planning, conducting, or participating in a public | 36 |
| opinion
poll in connection with a campaign for elective |
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| office or on behalf of a
political organization for | 2 |
| political purposes or for or against any referendum
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| question.
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| (5) Surveying or gathering information from potential | 5 |
| or actual
voters in an election to determine probable vote | 6 |
| outcome in connection with a
campaign for elective office | 7 |
| or on behalf of a political organization for
political | 8 |
| purposes or for or against any referendum question.
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| (6) Assisting at the polls on election day on behalf of | 10 |
| any
political organization or candidate for elective | 11 |
| office or for or against any
referendum
question.
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| (7) Soliciting votes on behalf of a candidate for | 13 |
| elective office or a
political organization or for or | 14 |
| against any referendum question or helping in
an effort to | 15 |
| get voters
to the polls.
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| (8) Initiating for circulation, preparing, | 17 |
| circulating, reviewing, or
filing any petition on
behalf of | 18 |
| a candidate for elective office or for or against any | 19 |
| referendum
question.
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| (9) Making contributions on behalf
of any candidate for | 21 |
| elective office in that capacity or in connection with a
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| campaign for elective office.
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| (10) Preparing or reviewing responses to candidate | 24 |
| questionnaires in
connection with a campaign for elective | 25 |
| office or on behalf of a political
organization for | 26 |
| political purposes.
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| (11) Distributing, preparing for distribution, or | 28 |
| mailing campaign
literature, campaign signs, or other | 29 |
| campaign material on behalf of any
candidate for elective | 30 |
| office or for or against any referendum question.
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| (12) Campaigning for any elective
office or for or | 32 |
| against any referendum question.
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| (13) Managing or working on a campaign for elective
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| office or for or against any referendum question.
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| (14) Serving as a delegate, alternate, or proxy to a | 36 |
| political
party convention.
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| (15) Participating in any recount or challenge to the | 2 |
| outcome of
any election, except to the extent that under | 3 |
| subsection (d) of
Section 6 of Article IV of the Illinois | 4 |
| Constitution each house of the General
Assembly shall judge | 5 |
| the elections, returns, and qualifications of its members.
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| "Prohibited source" means any person or entity who:
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| (1) is seeking official action (i) by the
member or | 8 |
| officer or (ii) in the case of an employee, by
the employee
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| or by the
member, officer, State agency, or other employee | 10 |
| directing the
employee;
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| (2) does business or seeks to do business (i) with the
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| member or officer or (ii) in the case of an employee,
with | 13 |
| the
employee or with the member, officer, State agency, or | 14 |
| other
employee directing the
employee;
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| (3) conducts activities regulated (i) by the
member or | 16 |
| officer or (ii) in the case of an employee, by
the employee | 17 |
| or by the member, officer, State agency, or
other employee | 18 |
| directing the employee;
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| (4) has interests that may be substantially affected by | 20 |
| the performance or
non-performance of the official duties | 21 |
| of the member, officer, or
employee; or
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| (5) is registered or required to be registered with the | 23 |
| Secretary of State
under the Lobbyist Registration Act, | 24 |
| except that an entity not otherwise a
prohibited source | 25 |
| does not become a prohibited source merely because a
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| registered lobbyist is one of its members or serves on its | 27 |
| board of
directors.
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| "State agency" includes all officers, boards, commissions | 29 |
| and agencies
created by the Constitution, whether in the | 30 |
| executive or legislative
branch; all officers,
departments, | 31 |
| boards, commissions, agencies, institutions, authorities,
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| public institutions of higher learning as defined in Section 2 | 33 |
| of the Higher
Education
Cooperation Act, and bodies politic and | 34 |
| corporate of the State; and
administrative
units or corporate | 35 |
| outgrowths of the State government which are created by
or | 36 |
| pursuant to statute, other than units of local government and |
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| their
officers, school districts, and boards of election | 2 |
| commissioners; and all
administrative units and corporate | 3 |
| outgrowths of the above and as may be
created by executive | 4 |
| order of the Governor. "State agency" includes the General
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| Assembly, the Senate, the House of Representatives, the | 6 |
| President and Minority
Leader of the Senate, the Speaker and | 7 |
| Minority Leader of the House of
Representatives, the Senate | 8 |
| Operations Commission, and the legislative support
services | 9 |
| agencies. "State agency" includes the Office
of the Auditor | 10 |
| General. "State agency" does not include the judicial branch.
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| "State employee" means any employee of a State agency.
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| "Ultimate jurisdictional
authority" means the following:
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| (1) For members, legislative partisan staff, and | 14 |
| legislative secretaries,
the appropriate
legislative | 15 |
| leader: President of the
Senate, Minority Leader of the | 16 |
| Senate, Speaker of the House of Representatives,
or | 17 |
| Minority Leader of the House of Representatives.
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| (2) For State employees who are professional staff or | 19 |
| employees of the
Senate and not covered under item (1), the | 20 |
| Senate Operations Commission.
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| (3) For State employees who are professional staff or | 22 |
| employees of the
House of Representatives and not covered | 23 |
| under item (1), the Speaker of the
House of | 24 |
| Representatives.
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| (4) For State employees who are employees of the | 26 |
| legislative support
services agencies, the Joint Committee | 27 |
| on Legislative Support Services.
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| (5) For State employees of the Auditor General, the | 29 |
| Auditor General.
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| (6) For State employees of public institutions of | 31 |
| higher learning as
defined in Section 2 of the Higher | 32 |
| Education Cooperation Act, the board of
trustees of the | 33 |
| appropriate public institution of higher learning.
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| (7) For State employees of an executive branch | 35 |
| constitutional officer
other than those described in | 36 |
| paragraph (6), the
appropriate executive branch |
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| constitutional officer.
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| (8) For State employees not under the jurisdiction of | 3 |
| paragraph (1), (2),
(3), (4), (5), (6), or (7), the | 4 |
| Governor.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 6 |
| (5 ILCS 430/5-20)
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| Sec. 5-20. Public service announcements; other promotional | 8 |
| material.
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| (a) Beginning January 1, 2004, no public service | 10 |
| announcement or
advertisement that is on behalf of
any State | 11 |
| administered program and contains the
proper name, image, or | 12 |
| voice of any executive branch constitutional officer
or member | 13 |
| of the General Assembly shall be broadcast or aired on radio or
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| television or printed in a commercial newspaper or a commercial | 15 |
| magazine at any
time.
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| (b) The proper name or image of any executive branch | 17 |
| constitutional officer
or member of the General Assembly may | 18 |
| not appear on any (i)
bumper stickers,
(ii) commercial | 19 |
| billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
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| stickers, and
(vi) other similar promotional items, that are | 21 |
| not in furtherance of the person's official State duties or | 22 |
| governmental and public service functions, if
designed,
paid | 23 |
| for, prepared, or distributed using public dollars. This | 24 |
| subsection does
not apply to stocks of items existing on the | 25 |
| effective date of this amendatory
Act of the 93rd General | 26 |
| Assembly.
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| (c) This Section does not apply to
communications
funded | 28 |
| through expenditures required to be reported under Article 9 of | 29 |
| the
Election Code.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 31 |
| (5 ILCS 430/25-5)
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| Sec. 25-5. Legislative Ethics Commission.
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| (a) The Legislative Ethics Commission is created.
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| (b) The Legislative Ethics Commission shall consist of 8
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| commissioners appointed 2 each by the
President and Minority | 2 |
| Leader of the Senate and the Speaker and Minority Leader
of the | 3 |
| House of Representatives.
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| The terms of the initial commissioners shall commence upon | 5 |
| qualification.
Each appointing authority shall designate one | 6 |
| appointee who
shall serve for a 2-year term running through
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| June 30, 2005.
Each appointing authority shall designate one | 8 |
| appointee who
shall serve for a
4-year term running through | 9 |
| June 30, 2007.
The initial appointments shall be made within 60 | 10 |
| days
after the effective date of this Act.
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| After the initial terms, commissioners shall serve for | 12 |
| 4-year terms
commencing on July 1 of the year of appointment | 13 |
| and running
through June 30 of the fourth following year. | 14 |
| Commissioners may be
reappointed to one or more subsequent | 15 |
| terms.
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| Vacancies occurring other than at the end of a term shall | 17 |
| be filled
by the appointing authority only for the balance of | 18 |
| the
term of the commissioner whose office is vacant.
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| Terms shall run regardless of whether the position is | 20 |
| filled.
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| (c) The appointing authorities shall appoint commissioners | 22 |
| who
have experience holding governmental office or employment | 23 |
| and may
appoint commissioners who are members of the General | 24 |
| Assembly as well as
commissioners from the general public.
A | 25 |
| commissioner who is a member of the General Assembly must | 26 |
| recuse himself or
herself from participating in any matter | 27 |
| relating to any investigation or
proceeding in which he or she | 28 |
| is the subject.
A person is not eligible to
serve as a | 29 |
| commissioner if that person (i) has been convicted of a
felony | 30 |
| or a crime of dishonesty or moral turpitude, (ii) is, or was
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| within the preceding 12 months, engaged in activities that
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| require registration under the Lobbyist Registration Act, | 33 |
| (iii) is a
relative of the appointing authority, or (iv) is a | 34 |
| State officer or employee
other than a member of the General | 35 |
| Assembly.
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| (d) The Legislative Ethics Commission shall have
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| jurisdiction over members of the General Assembly and
all State
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| employees whose ultimate jurisdictional authority is
(i) a | 3 |
| legislative leader, (ii) the Senate Operations Commission, or | 4 |
| (iii) the
Joint Committee on Legislative Support Services.
The | 5 |
| jurisdiction of the
Commission is limited to matters arising | 6 |
| under this Act.
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| (e) The Legislative Ethics Commission must meet, either
in | 8 |
| person or by other technological means, monthly or as
often as | 9 |
| necessary. At the first meeting of the Legislative
Ethics | 10 |
| Commission, the commissioners shall choose from their
number a | 11 |
| chairperson and other officers that they deem appropriate.
The | 12 |
| terms of officers shall be for 2 years commencing July 1 and
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| running through June 30 of the second following year. Meetings | 14 |
| shall be held at
the call
of the chairperson or any 3 | 15 |
| commissioners. Official action by the
Commission shall require | 16 |
| the affirmative vote of 5 commissioners, and
a quorum shall | 17 |
| consist of 5 commissioners. Commissioners shall receive
no | 18 |
| compensation but
may be
reimbursed for their reasonable | 19 |
| expenses actually incurred in the
performance of their duties.
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| (f) No commissioner, other than a commissioner who is a | 21 |
| member of the
General
Assembly, or employee of the Legislative
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| Ethics Commission may during his or her term of appointment or | 23 |
| 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
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| except for appointments on governmental advisory boards
or | 27 |
| study commissions or as otherwise expressly authorized by | 28 |
| law;
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| (3) be actively involved in the affairs of any | 30 |
| political party or political
organization; or
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| (4) actively participate in any campaign for any
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| elective office.
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| (g) An appointing authority may remove a
commissioner only | 34 |
| for cause.
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| (h) The Legislative Ethics Commission shall appoint an
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| Executive Director subject to the approval of at least 3 of the |
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| 4 legislative leaders . The compensation of the Executive | 2 |
| Director shall
be as determined by the Commission or by the | 3 |
| Compensation Review
Board, whichever amount is higher. The | 4 |
| Executive Director of the Legislative
Ethics Commission may | 5 |
| employ , subject to the approval of at least 3 of the 4 | 6 |
| legislative leaders, and determine the
compensation of staff, | 7 |
| as appropriations permit.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 9 |
| (5 ILCS 430/25-10)
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| Sec. 25-10. Office of Legislative Inspector General.
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| (a) The independent Office of the Legislative Inspector | 12 |
| General is created.
The Office shall be under the direction and | 13 |
| supervision of the
Legislative Inspector General and shall be a | 14 |
| fully independent office with its
own appropriation.
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| (b) The Legislative Inspector General shall be appointed | 16 |
| without regard to
political
affiliation and solely on the basis | 17 |
| of integrity and
demonstrated ability.
The Legislative Ethics
| 18 |
| Commission shall diligently search out qualified candidates | 19 |
| for Legislative
Inspector General
and shall make | 20 |
| recommendations to the General Assembly.
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| The Legislative Inspector General shall be appointed by a | 22 |
| joint resolution of
the
Senate and the House of | 23 |
| Representatives, which may specify the date on
which the | 24 |
| appointment takes effect.
A joint resolution, or other document | 25 |
| as may be specified by the
Joint Rules of the General Assembly, | 26 |
| appointing the Legislative Inspector
General must be certified | 27 |
| by
the Speaker
of the House of Representatives and the | 28 |
| President of the Senate as having been
adopted by the
| 29 |
| affirmative vote of three-fifths of the members elected to each | 30 |
| house,
respectively,
and be filed with the Secretary of State.
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| The appointment of the Legislative Inspector General takes | 32 |
| effect on the day
the
appointment is completed by the General | 33 |
| Assembly, unless the appointment
specifies a later date on | 34 |
| which it is to become effective.
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| The Legislative Inspector General shall have the following |
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| qualifications:
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| (1) has not been convicted of any felony under the laws | 3 |
| of this State,
another state, or the United States;
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| (2) has earned a baccalaureate degree from an | 5 |
| institution of higher
education; and
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| (3) has 5 or more years of cumulative service (A) with | 7 |
| a federal,
State, or
local law enforcement agency, at least | 8 |
| 2 years of which have been in a
progressive investigatory | 9 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
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| as a
senior manager or executive of a federal, State, or | 11 |
| local
agency; (D) as a member, an officer,
or a State
or | 12 |
| federal judge; or (E) representing any combination of (A) | 13 |
| through (D).
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| The Legislative Inspector General may not be a relative of | 15 |
| a commissioner.
| 16 |
| The term of the initial Legislative Inspector General shall
| 17 |
| commence upon qualification and shall run through June 30, | 18 |
| 2008.
| 19 |
| After the initial term, the Legislative Inspector General | 20 |
| shall serve
for 5-year terms commencing on July 1 of the year | 21 |
| of appointment
and running through June 30 of the fifth | 22 |
| following year. The
Legislative Inspector General may be | 23 |
| reappointed to one or more
subsequent terms.
| 24 |
| A vacancy occurring other than at the end of a term shall | 25 |
| be filled in the
same manner as an appointment only for the | 26 |
| balance of the term of the
Legislative
Inspector General whose | 27 |
| office is vacant.
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| Terms shall run regardless of whether the position is | 29 |
| filled.
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| (c) The Legislative Inspector General
shall have | 31 |
| jurisdiction over the members of the General Assembly and
all | 32 |
| State employees whose ultimate jurisdictional authority is
(i) | 33 |
| a legislative leader, (ii) the Senate Operations Commission, or | 34 |
| (iii) the
Joint Committee on Legislative Support Services.
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| The jurisdiction of each Legislative Inspector General is | 36 |
| to investigate
allegations of fraud, waste, abuse, |
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| mismanagement, misconduct, nonfeasance,
misfeasance,
| 2 |
| malfeasance, or violations of this Act or violations of other | 3 |
| related
laws and rules.
| 4 |
| (d) The compensation of the Legislative Inspector General | 5 |
| shall
be the greater of an amount (i) determined by the | 6 |
| Commission or (ii) by joint
resolution of the General Assembly | 7 |
| passed by a majority of members elected in
each chamber.
| 8 |
| Subject to Section 25-45 of this Act, the Legislative Inspector | 9 |
| General has
full
authority to organize the Office of the | 10 |
| Legislative Inspector General,
including the employment and | 11 |
| determination of the compensation of
staff, such as deputies, | 12 |
| assistants, and other employees, as
appropriations permit. | 13 |
| Employment of staff is subject to the approval of at least 3 of | 14 |
| the 4 legislative leaders.
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| (e) No Legislative Inspector General or employee of the | 16 |
| Office of
the Legislative Inspector General may, during his or | 17 |
| her term of appointment or
employment:
| 18 |
| (1) become a candidate for any elective office;
| 19 |
| (2) hold any other elected or appointed public office
| 20 |
| except for appointments on governmental advisory boards
or | 21 |
| study commissions or as otherwise expressly authorized by | 22 |
| law;
| 23 |
| (3) be actively involved in the affairs of any | 24 |
| political party or
political organization; or
| 25 |
| (4) actively participate in any campaign for any
| 26 |
| elective office.
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| In this subsection an appointed public office means a | 28 |
| position authorized by
law that is filled by an appointing | 29 |
| authority as provided by law and does not
include employment by | 30 |
| hiring in the ordinary course of business.
| 31 |
| (e-1) No Legislative Inspector General or employee of the | 32 |
| Office of the
Legislative Inspector General may, for one year | 33 |
| after the termination of his or
her appointment or employment:
| 34 |
| (1) become a candidate for any elective office;
| 35 |
| (2) hold any elected public office; or
| 36 |
| (3) hold any appointed State, county, or local judicial |
|
|
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| 1 |
| office.
| 2 |
| (e-2) The requirements of item (3) of subsection (e-1) may | 3 |
| be waived by the
Legislative Ethics Commission.
| 4 |
| (f) The Commission may remove the Legislative Inspector | 5 |
| General only for
cause. At the time of the removal, the | 6 |
| Commission must report to the General
Assembly the | 7 |
| justification for the removal.
| 8 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 9 |
| (5 ILCS 430/25-95)
| 10 |
| Sec. 25-95. Exemptions.
| 11 |
| (a) Documents generated by an ethics
officer under this | 12 |
| Act, except Section 5-50, are exempt from the provisions of
the | 13 |
| Freedom
of Information Act.
| 14 |
| (a-5) Requests from ethics officers, members, and State | 15 |
| employees to the Office of the Legislative Inspector General, a | 16 |
| Special Legislative Inspector General, the Legislative Ethics | 17 |
| Commission, an ethics officer, or a person designated by a | 18 |
| legislative leader for guidance on matters involving the | 19 |
| interpretation or application of this Act or rules promulgated | 20 |
| under this Act are exempt from the provisions of the Freedom of | 21 |
| Information Act. Guidance provided to an ethics officer, | 22 |
| member, or State employee at the request of an ethics officer, | 23 |
| member, or State employee by the Office of the Legislative | 24 |
| Inspector General, a Special Legislative Inspector General, | 25 |
| the Legislative Ethics Commission, an ethics officer, or a | 26 |
| person designated by a legislative leader on matters involving | 27 |
| the interpretation or application of this Act or rules | 28 |
| promulgated under this Act is exempt from the provisions of the | 29 |
| Freedom of Information Act.
| 30 |
| (b) Any allegations
and related documents
submitted to the | 31 |
| Legislative Inspector General and any pleadings and
related | 32 |
| documents brought before the Legislative Ethics
Commission are | 33 |
| exempt from the provisions of the Freedom of
Information Act so | 34 |
| long as the Legislative Ethics Commission
does not make a | 35 |
| finding of a violation of this Act.
If the Legislative
Ethics |
|
|
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| 1 |
| Commission finds that a violation has occurred, the
entire | 2 |
| record of proceedings before the Commission, the decision and
| 3 |
| recommendation, and the mandatory report from the agency head | 4 |
| or
ultimate jurisdictional authority to the Legislative Ethics
| 5 |
| Commission are not exempt from the provisions of the Freedom of
| 6 |
| Information Act but information contained therein that is | 7 |
| exempt from the
Freedom of Information Act must be redacted | 8 |
| before disclosure as provided in
Section 8 of the Freedom of | 9 |
| Information Act.
| 10 |
| (c) Meetings of the Commission under
Sections 25-5
and | 11 |
| 25-15 of this Act are exempt from the provisions of the Open
| 12 |
| Meetings Act.
| 13 |
| (d) Unless otherwise provided in this Act, all | 14 |
| investigatory files and
reports of the Office of the | 15 |
| Legislative Inspector General, other than
quarterly
reports, | 16 |
| are confidential, are exempt from disclosure
under the Freedom | 17 |
| of Information Act, and shall not be divulged to
any person or | 18 |
| agency, except as necessary (i) to the appropriate law
| 19 |
| enforcement
authority if the matter is referred pursuant to | 20 |
| this Act, (ii) to the ultimate
jurisdictional authority, or | 21 |
| (iii) to the
Legislative Ethics Commission.
| 22 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 23 |
| Section 10. The Election Code is amended by changing | 24 |
| Section 9-8.10 as follows: | 25 |
| (10 ILCS 5/9-8.10)
| 26 |
| Sec. 9-8.10. Use of political committee and other reporting | 27 |
| organization
funds.
| 28 |
| (a) A political committee, or
organization subject to | 29 |
| Section 9-7.5, shall
not
make
expenditures:
| 30 |
| (1) In violation of any law of the United States or of | 31 |
| this State.
| 32 |
| (2) Clearly in excess of the fair market value of the | 33 |
| services,
materials, facilities,
or other things of value | 34 |
| received in exchange.
|
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| 1 |
| (3) For satisfaction or repayment of any debts other | 2 |
| than loans made to
the
committee or to the public official | 3 |
| or candidate on behalf of the committee or
repayment of | 4 |
| goods
and services purchased by the committee under a | 5 |
| credit
agreement. Nothing in this Section authorizes the | 6 |
| use of campaign funds to
repay personal loans. The | 7 |
| repayments shall be made by check written to the
person who | 8 |
| made the loan or credit agreement. The terms and conditions | 9 |
| of any
loan or credit agreement to a
committee shall be set | 10 |
| forth in a written agreement, including but not limited
to | 11 |
| the
method and
amount of repayment, that shall be executed | 12 |
| by the chairman or treasurer of the
committee at the time | 13 |
| of the loan or credit agreement. The loan or agreement
| 14 |
| shall also
set forth the rate of interest for the loan, if | 15 |
| any, which may not
substantially exceed the
prevailing | 16 |
| market interest rate at the time the agreement is executed.
| 17 |
| (4) For the satisfaction or repayment of any debts or | 18 |
| for the payment of
any expenses relating to a personal | 19 |
| residence.
Campaign funds may not be used as collateral for | 20 |
| home mortgages.
| 21 |
| (5) For clothing or personal laundry expenses, except | 22 |
| clothing items
rented by
the public official or candidate
| 23 |
| for his or her own use exclusively for a specific | 24 |
| campaign-related event,
provided that
committees may | 25 |
| purchase costumes, novelty items, or other accessories | 26 |
| worn
primarily to
advertise the candidacy.
| 27 |
| (6) For the travel expenses of
any person unless the | 28 |
| travel is necessary for fulfillment of political,
| 29 |
| governmental, or public policy duties, activities, or | 30 |
| purposes.
| 31 |
| (7) For membership or club dues charged by | 32 |
| organizations, clubs, or
facilities that
are primarily | 33 |
| engaged in providing health, exercise, or recreational | 34 |
| services;
provided,
however, that funds received under | 35 |
| this Article may be used to rent the clubs
or facilities
| 36 |
| for a specific campaign-related event.
|
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| (8) In payment for anything of value or for | 2 |
| reimbursement of any
expenditure for
which any person has | 3 |
| been reimbursed by the State or any person.
For purposes of | 4 |
| this item (8), a per diem allowance is not a reimbursement.
| 5 |
| (9) For the purchase of or installment payment for a | 6 |
| motor vehicle unless
the political committee can | 7 |
| demonstrate that purchase of a motor vehicle is
more | 8 |
| cost-effective than leasing a motor vehicle as permitted | 9 |
| under this item
(9). A political committee may lease or | 10 |
| purchase and insure, maintain, and
repair a motor vehicle | 11 |
| if the vehicle will be used primarily for campaign
purposes | 12 |
| or
for the performance of governmental duties. A committee
| 13 |
| shall not make expenditures for use of the vehicle for | 14 |
| non-campaign or
non-governmental purposes. Persons using | 15 |
| vehicles not purchased or leased by a
political committee | 16 |
| may be reimbursed for actual mileage for the use of the
| 17 |
| vehicle for campaign purposes or for the performance of | 18 |
| governmental duties.
The mileage reimbursements shall be | 19 |
| made at a rate not to exceed the standard
mileage rate | 20 |
| method for computation of business expenses under the | 21 |
| Internal
Revenue Code.
| 22 |
| (10) Directly for an individual's tuition or other | 23 |
| educational expenses,
except for governmental or political | 24 |
| purposes directly related to a candidate's
or public | 25 |
| official's duties and responsibilities.
| 26 |
| (11) For payments to a public official or candidate or | 27 |
| his or her
family member unless
for compensation for | 28 |
| services actually rendered by that person.
The provisions | 29 |
| of this item (11) do not apply to expenditures by a
| 30 |
| political committee in an aggregate
amount not exceeding | 31 |
| the amount of funds reported to and certified by the State
| 32 |
| Board or county clerk as available as of June 30, 1998, in | 33 |
| the semi-annual
report of
contributions and expenditures | 34 |
| filed by the
political committee for the period concluding | 35 |
| June 30, 1998.
| 36 |
| (b) The Board shall have the authority to investigate, upon
|
|
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| 1 |
| receipt of a verified complaint, violations of the provisions | 2 |
| of this Section.
The Board may levy a fine
on any person who | 3 |
| knowingly makes expenditures in violation of this Section and
| 4 |
| on any person who knowingly makes a malicious and false | 5 |
| accusation of a
violation of this Section.
The Board may act | 6 |
| under this subsection only upon the affirmative vote of at
| 7 |
| least 5 of its members. The fine shall not
exceed $500 for each | 8 |
| expenditure of $500 or less and shall not exceed the
amount of | 9 |
| the
expenditure plus $500 for each expenditure greater than | 10 |
| $500. The Board shall
also
have the authority
to render rulings | 11 |
| and issue opinions relating to compliance with this
Section.
| 12 |
| (c) Nothing in this Section prohibits the expenditure of | 13 |
| funds of (i) a
political
committee controlled by an | 14 |
| officeholder or by a candidate or (ii) an
organization subject
| 15 |
| to Section 9-7.5 to defray the customary and reasonable
| 16 |
| ordinary and necessary expenses of an
officeholder in
| 17 |
| connection with the performance of governmental and public | 18 |
| service functions
duties . For the purposes of
this
subsection, | 19 |
| "ordinary and necessary expenses" include, but are not limited | 20 |
| to,
expenses in
relation to the operation of the district | 21 |
| office of a member of the General
Assembly.
| 22 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 23 |
| Section 15. The Illinois Pension Code is amended by adding | 24 |
| Section 1-122 and changing Sections 14-103.05 and 18-127 as | 25 |
| follows: | 26 |
| (40 ILCS 5/1-122 new)
| 27 |
| Sec. 1-122. Service with the Legislative Ethics Commission | 28 |
| or Office of the Legislative Inspector General. | 29 |
| Notwithstanding any provision in this Code to the contrary, if | 30 |
| a person serves as a part-time employee in any of the following | 31 |
| positions: Legislative Inspector General, Special Legislative | 32 |
| Inspector General, employee of the Office of the Legislative | 33 |
| Inspector General, Executive Director of the Legislative | 34 |
| Ethics Commission, or staff of the Legislative Ethics |
|
|
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| 1 |
| Commission, then (A) no retirement annuity or other benefit of | 2 |
| that person under this Code is subject to forfeiture, | 3 |
| diminishment, suspension, or other impairment solely by virtue | 4 |
| of that service and (B) that person does not participate in any | 5 |
| pension fund or retirement system under this Code with respect | 6 |
| to that service, unless that person (i) is qualified to so | 7 |
| participate and (ii) affirmatively elects to so participate. | 8 |
| This Section applies without regard to whether the person is in | 9 |
| active service under the applicable Article of this Code on or | 10 |
| after the effective date of this amendatory Act of the 93rd | 11 |
| General Assembly. In this Section, a "part-time employee" is a | 12 |
| person who is not required to work at least 35 hours per week.
| 13 |
| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 14 |
| Sec. 14-103.05. Employee.
| 15 |
| (a) Any person employed by a Department who receives salary
| 16 |
| for personal services rendered to the Department on a warrant
| 17 |
| issued pursuant to a payroll voucher certified by a Department | 18 |
| and drawn
by the State Comptroller upon the State Treasurer, | 19 |
| including an elected
official described in subparagraph (d) of | 20 |
| Section 14-104, shall become
an employee for purpose of | 21 |
| membership in the Retirement System on the
first day of such | 22 |
| employment.
| 23 |
| A person entering service on or after January 1, 1972 and | 24 |
| prior to January
1, 1984 shall become a member as a condition | 25 |
| of employment and shall begin
making contributions as of the | 26 |
| first day of employment.
| 27 |
| A person entering service on or after January 1, 1984 | 28 |
| shall, upon completion
of 6 months of continuous service which | 29 |
| is not interrupted by a break of more
than 2 months, become a | 30 |
| member as a condition of employment. Contributions
shall begin | 31 |
| the first of the month after completion of the qualifying | 32 |
| period.
| 33 |
| The qualifying period of 6 months of service is not | 34 |
| applicable to: (1)
a person who has been granted credit for | 35 |
| service in a position covered by
the State Universities |
|
|
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| 1 |
| Retirement System, the Teachers' Retirement System
of the State | 2 |
| of Illinois, the General Assembly Retirement System, or the
| 3 |
| Judges Retirement System of Illinois unless that service has | 4 |
| been forfeited
under the laws of those systems; (2) a person | 5 |
| entering service on or
after July 1, 1991 in a noncovered | 6 |
| position; or (3) a person to whom Section
14-108.2a or | 7 |
| 14-108.2b applies.
| 8 |
| (b) The term "employee" does not include the following:
| 9 |
| (1) members of the State Legislature, and persons | 10 |
| electing to become
members of the General Assembly | 11 |
| Retirement System pursuant to Section 2-105;
| 12 |
| (2) incumbents of offices normally filled by vote of | 13 |
| the people;
| 14 |
| (3) except as otherwise provided in this Section, any | 15 |
| person
appointed
by the Governor with the advice and | 16 |
| consent
of the Senate unless that person elects to | 17 |
| participate in this System;
| 18 |
| (3.1) any person serving as a commissioner of an ethics | 19 |
| commission created under the State Officials and Employees | 20 |
| Ethics Act unless that person elects to participate in this | 21 |
| system with respect to that service as a commissioner;
| 22 |
| (3.2) any person serving as a part-time employee in any | 23 |
| of the following positions: Legislative Inspector General, | 24 |
| Special Legislative Inspector General, employee of the | 25 |
| Office of the Legislative Inspector General, Executive | 26 |
| Director of the Legislative Ethics Commission, or staff of | 27 |
| the Legislative Ethics Commission, regardless of whether | 28 |
| he or she is in active service on or after the effective | 29 |
| date of this amendatory Act of the 93rd General Assembly, | 30 |
| unless that person elects to participate in this System | 31 |
| with respect to that service; in this item (3.2), a | 32 |
| "part-time employee" is a person who is not required to | 33 |
| work at least 35 hours per week;
| 34 |
| (4) except as provided in Section 14-108.2 or | 35 |
| 14-108.2c, any person
who is covered or eligible to be | 36 |
| covered by the Teachers' Retirement System of
the State of |
|
|
|
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| 1 |
| Illinois, the State Universities Retirement System, or the | 2 |
| Judges
Retirement System of Illinois;
| 3 |
| (5) an employee of a municipality or any other | 4 |
| political subdivision
of the State;
| 5 |
| (6) any person who becomes an employee after June 30, | 6 |
| 1979 as a
public service employment program participant | 7 |
| under the Federal
Comprehensive Employment and Training | 8 |
| Act and whose wages or fringe
benefits are paid in whole or | 9 |
| in part by funds provided under such Act;
| 10 |
| (7) enrollees of the Illinois Young Adult Conservation | 11 |
| Corps program,
administered by the Department of Natural | 12 |
| Resources, authorized grantee
pursuant to Title VIII of the | 13 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 14 |
| 993, as now or hereafter amended;
| 15 |
| (8) enrollees and temporary staff of programs | 16 |
| administered by the
Department of Natural Resources under | 17 |
| the Youth
Conservation Corps Act of 1970;
| 18 |
| (9) any person who is a member of any professional | 19 |
| licensing or
disciplinary board created under an Act | 20 |
| administered by the Department of
Professional Regulation | 21 |
| or a successor agency or created or re-created
after the | 22 |
| effective date of this amendatory Act of 1997, and who | 23 |
| receives
per diem compensation rather than a salary, | 24 |
| notwithstanding that such per diem
compensation is paid by | 25 |
| warrant issued pursuant to a payroll voucher; such
persons | 26 |
| have never been included in the membership of this System, | 27 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 28 |
| intended to effect any change in
the status of such | 29 |
| persons;
| 30 |
| (10) any person who is a member of the Illinois Health | 31 |
| Care Cost
Containment Council, and receives per diem | 32 |
| compensation rather than a
salary, notwithstanding that | 33 |
| such per diem compensation is paid by warrant
issued | 34 |
| pursuant to a payroll voucher; such persons have never been | 35 |
| included
in the membership of this System, and this | 36 |
| amendatory Act of 1987 is not
intended to effect any change |
|
|
|
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| 1 |
| in the status of such persons; or
| 2 |
| (11) any person who is a member of the Oil and Gas | 3 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 4 |
| Act, and receives per diem
compensation rather than a | 5 |
| salary, notwithstanding that such per diem
compensation is | 6 |
| paid by warrant issued pursuant to a payroll voucher.
| 7 |
| (Source: P.A. 92-14, eff. 6-28-01.)
| 8 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 9 |
| Sec. 18-127. Retirement annuity - suspension on | 10 |
| reemployment.
| 11 |
| (a) A participant receiving a retirement annuity who is | 12 |
| regularly
employed for compensation by an employer other than a | 13 |
| county, in any
capacity, shall have his or her retirement | 14 |
| annuity payments suspended
during such employment. Upon | 15 |
| termination of such employment, retirement
annuity payments at | 16 |
| the previous rate shall be resumed.
| 17 |
| If such a participant resumes service as a judge, he or she
| 18 |
| shall receive credit for any additional service. Upon | 19 |
| subsequent
retirement, his or her retirement annuity shall be | 20 |
| the amount previously
granted, plus the amount earned by the | 21 |
| additional judicial service under
the provisions in effect | 22 |
| during the period of such additional service.
However, if the | 23 |
| participant was receiving the maximum rate of annuity at
the | 24 |
| time of re-employment, he or she may elect, in a written | 25 |
| direction
filed with the board, not to receive any additional | 26 |
| service credit during
the period of re-employment. In such | 27 |
| case, contributions shall not be
required during the period of | 28 |
| re-employment. Any such election shall be
irrevocable.
| 29 |
| (b) Beginning January 1, 1991, any participant receiving a | 30 |
| retirement
annuity who accepts temporary employment from an | 31 |
| employer other than a
county for a period not exceeding 75 | 32 |
| working days in any calendar year
shall not be deemed to be | 33 |
| regularly employed for compensation or to have
resumed service | 34 |
| as a judge for the purposes of this Article. A day shall
be | 35 |
| considered a working day if the annuitant performs on it any of |
|
|
|
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| 1 |
| his
duties under the temporary employment agreement.
| 2 |
| (c) Except as provided in subsection (a), beginning January | 3 |
| 1, 1993,
retirement annuities shall not be subject to | 4 |
| suspension upon resumption of
employment for an employer, and | 5 |
| any retirement annuity that is then so
suspended shall be | 6 |
| reinstated on that date.
| 7 |
| (d) The changes made in this Section by this amendatory Act | 8 |
| of 1993
shall apply to judges no longer in service on its | 9 |
| effective date, as well as to
judges serving on or after that | 10 |
| date.
| 11 |
| (e) A participant receiving a retirement
annuity under this | 12 |
| Article who serves as a part-time employee in any of the | 13 |
| following positions: Legislative Inspector General, Special | 14 |
| Legislative Inspector General, employee of the Office of the | 15 |
| Legislative Inspector General, Executive Director of the | 16 |
| Legislative Ethics Commission, or staff of the Legislative | 17 |
| Ethics Commission, but has not elected to participate in the | 18 |
| Article 14 System with respect to that service, shall not be | 19 |
| deemed to be regularly employed for compensation by an employer | 20 |
| other than a county, nor to have
resumed service as a judge, on | 21 |
| the basis of that service, and the retirement annuity payments | 22 |
| and other benefits of that person under this Code shall not be | 23 |
| suspended, diminished, or otherwise impaired solely as a | 24 |
| consequence of that service. This subsection (e) applies | 25 |
| without regard to whether the person is in service as a judge | 26 |
| under this Article on or after the effective date of this | 27 |
| amendatory Act of the 93rd General Assembly. In this | 28 |
| subsection, a "part-time employee" is a person who is not | 29 |
| required to work at least 35 hours per week.
| 30 |
| (Source: P.A. 86-1488; 87-1265.)
| 31 |
| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
|
|