Full Text of SB2488 101st General Assembly
SB2488 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2488 Introduced 1/22/2020, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/5-63 new | | 5 ILCS 430/25-5 | |
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Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from any leadership position held by that person. Provides that if the charges are dropped or dismissed, or the member is acquitted of the crime, his or her leadership position shall not be automatically restored, but he or she shall once again be eligible to hold a leadership position. Provides that any person serving as a commissioner of the Legislative Ethics Commission shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from his or her position as a commissioner of the Commission. Provides that if the charges are dropped or dismissed, or the former commissioner is acquitted of the crime, his or her position as a commissioner shall not be automatically restored, but he or she shall once again be eligible to hold a position as a commissioner. Makes a conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 25-5 and by adding Section 5-63 as | 6 | | follows: | 7 | | (5 ILCS 430/5-63 new) | 8 | | Sec. 5-63. Removal from legislative leadership; | 9 | | Legislative Ethics Commission. | 10 | | (a) Any member of the General Assembly shall, upon being | 11 | | charged with a crime or the return of an indictment for a | 12 | | crime, be immediately removed from any leadership position held | 13 | | by that person. If the charges are dropped or dismissed, or the | 14 | | member is acquitted of the crime, his or her leadership | 15 | | position shall not be automatically restored, but he or she | 16 | | shall once again be eligible to hold a leadership position. | 17 | | (b) Any person serving as a commissioner of the Legislative | 18 | | Ethics Commission shall, upon being charged with a crime or the | 19 | | return of an indictment for a crime, be immediately removed | 20 | | from his or her position as a commissioner of the Commission, | 21 | | and that vacancy shall be filled as provided under Section | 22 | | 25-5. If the charges are dropped or dismissed, or the former | 23 | | commissioner is acquitted of the crime, his or her position as |
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| 1 | | a commissioner shall not be automatically restored, but he or | 2 | | she shall once again be eligible to hold a position as a | 3 | | commissioner. | 4 | | (5 ILCS 430/25-5)
| 5 | | Sec. 25-5. Legislative Ethics Commission.
| 6 | | (a) The Legislative Ethics Commission is created.
| 7 | | (b) The Legislative Ethics Commission shall consist of 8
| 8 | | commissioners appointed 2 each by the
President and Minority | 9 | | Leader of the Senate and the Speaker and Minority Leader
of the | 10 | | House of Representatives.
| 11 | | The terms of the initial commissioners shall commence upon | 12 | | qualification.
Each appointing authority shall designate one | 13 | | appointee who
shall serve for a 2-year term running through
| 14 | | June 30, 2005.
Each appointing authority shall designate one | 15 | | appointee who
shall serve for a
4-year term running through | 16 | | June 30, 2007.
The initial appointments shall be made within 60 | 17 | | days
after the effective date of this Act.
| 18 | | After the initial terms, commissioners shall serve for | 19 | | 4-year terms
commencing on July 1 of the year of appointment | 20 | | and running
through June 30 of the fourth following year. | 21 | | Commissioners may be
reappointed to one or more subsequent | 22 | | terms.
| 23 | | Vacancies occurring other than at the end of a term shall | 24 | | be filled
by the appointing authority only for the balance of | 25 | | the
term of the commissioner whose office is vacant.
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| 1 | | Terms shall run regardless of whether the position is | 2 | | filled.
| 3 | | (c) The appointing authorities shall appoint commissioners | 4 | | who
have experience holding governmental office or employment | 5 | | and may
appoint commissioners who are members of the General | 6 | | Assembly as well as
commissioners from the general public.
A | 7 | | commissioner who is a member of the General Assembly must | 8 | | recuse himself or
herself from participating in any matter | 9 | | relating to any investigation or
proceeding in which he or she | 10 | | is the subject or is a complainant.
A person is not eligible to
| 11 | | serve as a commissioner if that person (i) has been convicted | 12 | | of a
felony or a crime of dishonesty or moral turpitude, (ii) | 13 | | is, or was
within the preceding 12 months, engaged in | 14 | | activities that
require registration under the Lobbyist | 15 | | Registration Act, (iii) is a
relative of the appointing | 16 | | authority, (iv) is a State officer or employee
other than a | 17 | | member of the General Assembly, or (v) is a candidate for | 18 | | statewide office, federal office, or judicial office.
| 19 | | (c-3) If a commissioner during his or her term of service | 20 | | is either charged with or indicted for a crime, he or she shall | 21 | | be immediately removed from his or her position as a | 22 | | commissioner as provided under subsection (b) of Section 5-63. | 23 | | (c-5) If a commissioner is required to recuse himself or | 24 | | herself from participating in a matter as provided in | 25 | | subsection (c), the recusal shall create a temporary vacancy | 26 | | for the limited purpose of consideration of the matter for |
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| 1 | | which the commissioner recused himself or herself, and the | 2 | | appointing authority for the recusing commissioner shall make a | 3 | | temporary appointment to fill the vacancy for consideration of | 4 | | the matter for which the commissioner recused himself or | 5 | | herself. | 6 | | (d) The Legislative Ethics Commission shall have
| 7 | | jurisdiction over current and former members of the General | 8 | | Assembly regarding events occurring during a member's term of | 9 | | office and
current and former State
employees regarding events | 10 | | occurring during any period of employment where the State | 11 | | employee's ultimate jurisdictional authority is
(i) a | 12 | | legislative leader, (ii) the Senate Operations Commission, or | 13 | | (iii) the
Joint Committee on Legislative Support Services. The | 14 | | Legislative Ethics Commission shall have jurisdiction over | 15 | | complainants and respondents in violation of subsection (d) of | 16 | | Section 25-90. The jurisdiction of the
Commission is limited to | 17 | | matters arising under this Act.
| 18 | | An officer or executive branch State employee serving on a | 19 | | legislative branch board or commission remains subject to the | 20 | | jurisdiction of the Executive Ethics Commission and is not | 21 | | subject to the jurisdiction of the Legislative Ethics | 22 | | Commission. | 23 | | (e) The Legislative Ethics Commission must meet, either
in | 24 | | person or by other technological means, monthly or as
often as | 25 | | necessary. At the first meeting of the Legislative
Ethics | 26 | | Commission, the commissioners shall choose from their
number a |
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| 1 | | chairperson and other officers that they deem appropriate.
The | 2 | | terms of officers shall be for 2 years commencing July 1 and
| 3 | | running through June 30 of the second following year. Meetings | 4 | | shall be held at
the call
of the chairperson or any 3 | 5 | | commissioners. Official action by the
Commission shall require | 6 | | the affirmative vote of 5 commissioners, and
a quorum shall | 7 | | consist of 5 commissioners. Commissioners shall receive
no | 8 | | compensation but
may be
reimbursed for their reasonable | 9 | | expenses actually incurred in the
performance of their duties.
| 10 | | (f) No commissioner, other than a commissioner who is a | 11 | | member of the
General
Assembly, or employee of the Legislative
| 12 | | Ethics Commission may during his or her term of appointment or | 13 | | employment:
| 14 | | (1) become a candidate for any elective office;
| 15 | | (2) hold any other elected or appointed public office
| 16 | | except for appointments on governmental advisory boards
or | 17 | | study commissions or as otherwise expressly authorized by | 18 | | law;
| 19 | | (3) be actively involved in the affairs of any | 20 | | political party or political
organization; or
| 21 | | (4) advocate for the appointment of another person to | 22 | | an appointed or elected office or position or actively | 23 | | participate in any campaign for any
elective office.
| 24 | | (f-5) No commissioner who is a member of the General | 25 | | Assembly may be a candidate for statewide office, federal | 26 | | office, or judicial office. If a commissioner who is a member |
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| 1 | | of the General Assembly files petitions to be a candidate for a | 2 | | statewide office, federal office, or judicial office, he or she | 3 | | shall be deemed to have resigned from his or her position as a | 4 | | commissioner on the date his or her name is certified for the | 5 | | ballot by the State Board of Elections or local election | 6 | | authority and his or her position as a commissioner shall be | 7 | | deemed vacant. Such person may not be reappointed to the | 8 | | Commission during any time he or she is a candidate for | 9 | | statewide office, federal office, or judicial office. | 10 | | (g) An appointing authority may remove a
commissioner only | 11 | | for cause.
| 12 | | (h) The Legislative Ethics Commission shall appoint an
| 13 | | Executive Director subject to the approval of at least 3 of the | 14 | | 4 legislative leaders. The compensation of the Executive | 15 | | Director shall
be as determined by the Commission. The | 16 | | Executive Director of the Legislative
Ethics Commission may | 17 | | employ, subject to the approval of at least 3 of the 4 | 18 | | legislative leaders, and determine the
compensation of staff, | 19 | | as appropriations permit.
| 20 | | (i) In consultation with the Legislative Inspector | 21 | | General, the Legislative Ethics Commission may develop | 22 | | comprehensive training for members and employees under its | 23 | | jurisdiction that includes, but is not limited to, sexual | 24 | | harassment, employment discrimination, and workplace civility. | 25 | | The training may be recommended to the ultimate jurisdictional | 26 | | authorities and may be approved by the Commission to satisfy |
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| 1 | | the sexual harassment training required under Section 5-10.5 or | 2 | | be provided in addition to the annual sexual harassment | 3 | | training required under Section 5-10.5. The Commission may seek | 4 | | input from governmental agencies or private entities for | 5 | | guidance in developing such training. | 6 | | (Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | 7 | | 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
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