| ||||
Public Act 097-0677 | ||||
| ||||
| ||||
AN ACT concerning State 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 Section 20-5 as follows: | ||||
(5 ILCS 430/20-5)
| ||||
Sec. 20-5. Executive Ethics Commission.
| ||||
(a) The Executive Ethics Commission is created.
| ||||
(b) The Executive Ethics Commission shall consist of 9
| ||||
commissioners.
The Governor shall appoint 5 commissioners, and | ||||
the Attorney General, Secretary
of State, Comptroller, and | ||||
Treasurer shall each appoint one commissioner.
Appointments | ||||
shall be made by and with the advice and consent of the
Senate | ||||
by three-fifths of the elected members concurring by record | ||||
vote.
Any nomination not acted upon by the Senate within 60 | ||||
session days of the
receipt thereof shall be deemed to have | ||||
received the advice and consent of
the Senate. If, during a | ||||
recess of the Senate, there is a vacancy in an office
of | ||||
commissioner, the appointing authority shall make a temporary
| ||||
appointment until the next meeting of the Senate when the | ||||
appointing
authority shall make a nomination to fill that | ||||
office. No person rejected for
an office of commissioner shall, | ||||
except by the Senate's request, be
nominated again for that |
office at the same session of the Senate or be
appointed to | ||
that office during a recess of that Senate.
No more than 5
| ||
commissioners may be of the same
political party.
| ||
The terms of the initial commissioners shall commence upon | ||
qualification.
Four initial appointees of the Governor, as | ||
designated by the Governor, shall
serve terms running through | ||
June 30, 2007. One initial appointee of the
Governor, as | ||
designated by the Governor, and the initial appointees of the
| ||
Attorney General, Secretary of State, Comptroller, and | ||
Treasurer shall serve
terms running through June 30, 2008.
The | ||
initial appointments shall be made within 60 days
after the | ||
effective date of this Act.
| ||
After the initial terms, commissioners shall serve for | ||
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
| ||
Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
| ||
Terms shall run regardless of whether the position is | ||
filled.
| ||
(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and shall
appoint commissioners from the general public.
A | ||
person is not eligible to
serve as a commissioner if that |
person (i) has been convicted of a
felony or a crime of | ||
dishonesty or moral turpitude, (ii) is, or was
within the | ||
preceding 12 months, engaged in activities that
require | ||
registration under the Lobbyist Registration Act, (iii) is | ||
related
to the appointing authority, or (iv) is a State officer | ||
or employee.
| ||
(d) The Executive Ethics Commission shall have
| ||
jurisdiction over all officers and employees of State agencies | ||
other
than 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, the | ||
legislative support services agencies, and
the Office of the | ||
Auditor General.
The Executive Ethics Commission shall have | ||
jurisdiction over all board members and employees of Regional | ||
Transit Boards. The jurisdiction of the
Commission is limited | ||
to matters arising under this Act, except as provided in | ||
subsection (d-5).
| ||
A member or legislative branch State employee serving on an | ||
executive branch board or commission remains subject to the | ||
jurisdiction of the Legislative Ethics Commission and is not | ||
subject to the jurisdiction of the Executive Ethics Commission. | ||
(d-5) The Executive Ethics Commission shall have | ||
jurisdiction over all chief procurement officers and | ||
procurement compliance monitors and their respective staffs. | ||
The Executive Ethics Commission shall have jurisdiction over |
any matters arising under the Illinois Procurement Code if the | ||
Commission is given explicit authority in that Code. | ||
(d-6) (1) The Executive Ethics Commission shall have | ||
jurisdiction over the Illinois Power Agency and its staff. The | ||
Director of the Agency shall be appointed by a majority of the | ||
commissioners of the Executive Ethics Commission, subject to | ||
Senate confirmation, for a term of 2 years ; provided that, | ||
notwithstanding any other provision of State law, the term of | ||
the Director holding the position on the effective date of this | ||
amendatory Act of the 97th General Assembly shall expire on | ||
December 31, 2013 . The Director is removable for cause by a | ||
majority of the Commission upon a finding of neglect, | ||
malfeasance, absence, or incompetence. | ||
(2) In case of a vacancy in the office of Director of | ||
the Illinois Power Agency during a recess of the Senate, the | ||
Executive Ethics Commission may make a temporary appointment | ||
until the next meeting of the Senate, at which time the | ||
Executive Ethics Commission shall nominate some person to fill | ||
the office, and any person so nominated who is confirmed by the | ||
Senate shall hold office during the remainder of the term and | ||
until his or her successor is appointed and qualified. Nothing | ||
in this subsection shall prohibit the Executive Ethics | ||
Commission from removing a temporary appointee or from | ||
appointing a temporary appointee as the Director of the | ||
Illinois Power Agency. | ||
(3) Prior to June 1, 2012, the Executive Ethics |
Commission may, until the Director of the Illinois Power Agency | ||
is appointed and qualified or a temporary appointment is made | ||
pursuant to paragraph (2) of this subsection, designate some | ||
person as an acting Director to execute the powers and | ||
discharge the duties vested by law in that Director. An acting | ||
Director shall serve no later than 60 calendar days, or upon | ||
the making of an appointment pursuant to paragraph (1) or (2) | ||
of this subsection, whichever is earlier. Nothing in this | ||
subsection shall prohibit the Executive Ethics Commission from | ||
removing an acting Director or from appointing an acting | ||
Director as the Director of the Illinois Power Agency. | ||
(4) No person rejected by the Senate for the office of | ||
Director of the Illinois Power Agency shall, except at the | ||
Senate's request, be nominated again for that office at the | ||
same session or be appointed to that office during a recess of | ||
that Senate. | ||
(e) The Executive Ethics Commission must meet, either
in | ||
person or by other technological means, at least monthly and as
| ||
often as necessary. At the first meeting of the Executive
| ||
Ethics Commission, the commissioners shall choose from their
| ||
number a chairperson and other officers that they deem | ||
appropriate.
The terms of officers shall be for 2 years | ||
commencing July 1 and
running through June 30 of the second | ||
following year. Meetings shall be held at
the call
of the | ||
chairperson or any 3 commissioners. Official action by the
| ||
Commission shall require the affirmative vote of 5 |
commissioners, and
a quorum shall consist of 5 commissioners. | ||
Commissioners shall receive
compensation in an amount equal to | ||
the compensation of members of the State
Board of Elections and | ||
may be
reimbursed for their reasonable expenses actually | ||
incurred in the
performance of their duties.
| ||
(f) No commissioner or employee of the Executive
Ethics | ||
Commission may during his or her term of appointment or | ||
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office | ||
except for
appointments on governmental advisory boards or | ||
study commissions or as
otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or
political
organization; or
| ||
(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any elective office.
| ||
(g) An appointing authority may remove a commissioner only | ||
for cause.
| ||
(h) The Executive Ethics Commission shall appoint an | ||
Executive Director. The
compensation of the Executive Director | ||
shall be as determined by the Commission. The Executive
| ||
Director of the Executive Ethics Commission may employ and | ||
determine the
compensation of staff, as appropriations permit.
| ||
(i) The Executive Ethics Commission shall appoint, by a |
majority of the members appointed to the Commission, chief | ||
procurement officers and procurement compliance monitors in | ||
accordance with the provisions of the Illinois Procurement | ||
Code. The compensation of a chief procurement officer and | ||
procurement compliance monitor shall be determined by the | ||
Commission. | ||
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | ||
97-618, eff. 10-26-11 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|