Public Act 095-0880
 
HB4189 Enrolled LRB095 14356 RAS 40256 b

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