Bill Text: IL SB1223 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the Executive Ethics Commission and the Executive Inspector General appointed by the Governor shall have jurisdiction over allegations of sexual harassment made by an elected official of a unit of local government against another elected official of a unit of local government if the unit of local government has not adopted a sexual harassment policy that includes an Inspector General with jurisdiction. Provides that any policy to prohibit sexual harassment adopted by a governmental entity shall be subject to the jurisdiction of the Executive Ethics Commission and the Executive Inspector General appointed by the Governor regarding sexual harassment allegations made by an elected official of a unit of local government against another elected official of a unit of local government if the unit of local government has not adopted a sexual harassment policy that includes an Inspector General with jurisdiction. Provides that the Executive Inspector General appointed by the Governor is not responsible for the training or implementation of sexual harassment policies adopted by units of local government. Provides that "ultimate jurisdictional authority" includes, among other entities, the governing board of units of local government for elected officials of a unit of local government over which the Executive Ethics Commission and the Executive Inspector General appointed by the Governor may have jurisdiction under the Act.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1223 Detail]

Download: Illinois-2019-SB1223-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 1-5, 20-5, 20-10, and 70-5 as
6follows:
7 (5 ILCS 430/1-5)
8 Sec. 1-5. Definitions. As used in this Act:
9 "Appointee" means a person appointed to a position in or
10with a State agency, regardless of whether the position is
11compensated.
12 "Board members of Regional Transit Boards" means any person
13appointed to serve on the governing board of a Regional Transit
14Board.
15 "Campaign for elective office" means any activity in
16furtherance of an effort to influence the selection,
17nomination, election, or appointment of any individual to any
18federal, State, or local public office or office in a political
19organization, or the selection, nomination, or election of
20Presidential or Vice-Presidential electors, but does not
21include activities (i) relating to the support or opposition of
22any executive, legislative, or administrative action (as those
23terms are defined in Section 2 of the Lobbyist Registration

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1Act), (ii) relating to collective bargaining, or (iii) that are
2otherwise in furtherance of the person's official State duties.
3 "Candidate" means a person who has filed nominating papers
4or petitions for nomination or election to an elected State
5office, or who has been appointed to fill a vacancy in
6nomination, and who remains eligible for placement on the
7ballot at either a general primary election or general
8election.
9 "Collective bargaining" has the same meaning as that term
10is defined in Section 3 of the Illinois Public Labor Relations
11Act.
12 "Commission" means an ethics commission created by this
13Act.
14 "Compensated time" means any time worked by or credited to
15a State employee that counts toward any minimum work time
16requirement imposed as a condition of employment with a State
17agency, but does not include any designated State holidays or
18any period when the employee is on a leave of absence.
19 "Compensatory time off" means authorized time off earned by
20or awarded to a State employee to compensate in whole or in
21part for time worked in excess of the minimum work time
22required of that employee as a condition of employment with a
23State agency.
24 "Contribution" has the same meaning as that term is defined
25in Section 9-1.4 of the Election Code.
26 "Employee" means (i) any person employed full-time,

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1part-time, or pursuant to a contract and whose employment
2duties are subject to the direction and control of an employer
3with regard to the material details of how the work is to be
4performed or (ii) any appointed or elected commissioner,
5trustee, director, or board member of a board of a State
6agency, including any retirement system or investment board
7subject to the Illinois Pension Code or (iii) any other
8appointee.
9 "Employment benefits" include but are not limited to the
10following: modified compensation or benefit terms; compensated
11time off; or change of title, job duties, or location of office
12or employment. An employment benefit may also include favorable
13treatment in determining whether to bring any disciplinary or
14similar action or favorable treatment during the course of any
15disciplinary or similar action or other performance review.
16 "Executive branch constitutional officer" means the
17Governor, Lieutenant Governor, Attorney General, Secretary of
18State, Comptroller, and Treasurer.
19 "Gift" means any gratuity, discount, entertainment,
20hospitality, loan, forbearance, or other tangible or
21intangible item having monetary value including, but not
22limited to, cash, food and drink, and honoraria for speaking
23engagements related to or attributable to government
24employment or the official position of an employee, member, or
25officer. The value of a gift may be further defined by rules
26adopted by the appropriate ethics commission or by the Auditor

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1General for the Auditor General and for employees of the office
2of the Auditor General.
3 "Governmental entity" means a unit of local government
4(including a community college district) or a school district
5but not a State agency or a Regional Transit Board.
6 "Leave of absence" means any period during which a State
7employee does not receive (i) compensation for State
8employment, (ii) service credit towards State pension
9benefits, and (iii) health insurance benefits paid for by the
10State.
11 "Legislative branch constitutional officer" means a member
12of the General Assembly and the Auditor General.
13 "Legislative leader" means the President and Minority
14Leader of the Senate and the Speaker and Minority Leader of the
15House of Representatives.
16 "Member" means a member of the General Assembly.
17 "Officer" means an executive branch constitutional officer
18or a legislative branch constitutional officer.
19 "Political" means any activity in support of or in
20connection with any campaign for elective office or any
21political organization, but does not include activities (i)
22relating to the support or opposition of any executive,
23legislative, or administrative action (as those terms are
24defined in Section 2 of the Lobbyist Registration Act), (ii)
25relating to collective bargaining, or (iii) that are otherwise
26in furtherance of the person's official State duties or

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1governmental and public service functions.
2 "Political organization" means a party, committee,
3association, fund, or other organization (whether or not
4incorporated) that is required to file a statement of
5organization with the State Board of Elections or a county
6clerk under Section 9-3 of the Election Code, but only with
7regard to those activities that require filing with the State
8Board of Elections or a county clerk.
9 "Prohibited political activity" means:
10 (1) Preparing for, organizing, or participating in any
11 political meeting, political rally, political
12 demonstration, or other political event.
13 (2) Soliciting contributions, including but not
14 limited to the purchase of, selling, distributing, or
15 receiving payment for tickets for any political
16 fundraiser, political meeting, or other political event.
17 (3) Soliciting, planning the solicitation of, or
18 preparing any document or report regarding any thing of
19 value intended as a campaign contribution.
20 (4) Planning, conducting, or participating in a public
21 opinion poll in connection with a campaign for elective
22 office or on behalf of a political organization for
23 political purposes or for or against any referendum
24 question.
25 (5) Surveying or gathering information from potential
26 or actual voters in an election to determine probable vote

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1 outcome in connection with a campaign for elective office
2 or on behalf of a political organization for political
3 purposes or for or against any referendum question.
4 (6) Assisting at the polls on election day on behalf of
5 any political organization or candidate for elective
6 office or for or against any referendum question.
7 (7) Soliciting votes on behalf of a candidate for
8 elective office or a political organization or for or
9 against any referendum question or helping in an effort to
10 get voters to the polls.
11 (8) Initiating for circulation, preparing,
12 circulating, reviewing, or filing any petition on behalf of
13 a candidate for elective office or for or against any
14 referendum question.
15 (9) Making contributions on behalf of any candidate for
16 elective office in that capacity or in connection with a
17 campaign for elective office.
18 (10) Preparing or reviewing responses to candidate
19 questionnaires in connection with a campaign for elective
20 office or on behalf of a political organization for
21 political purposes.
22 (11) Distributing, preparing for distribution, or
23 mailing campaign literature, campaign signs, or other
24 campaign material on behalf of any candidate for elective
25 office or for or against any referendum question.
26 (12) Campaigning for any elective office or for or

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1 against any referendum question.
2 (13) Managing or working on a campaign for elective
3 office or for or against any referendum question.
4 (14) Serving as a delegate, alternate, or proxy to a
5 political party convention.
6 (15) Participating in any recount or challenge to the
7 outcome of any election, except to the extent that under
8 subsection (d) of Section 6 of Article IV of the Illinois
9 Constitution each house of the General Assembly shall judge
10 the elections, returns, and qualifications of its members.
11 "Prohibited source" means any person or entity who:
12 (1) is seeking official action (i) by the member or
13 officer or (ii) in the case of an employee, by the employee
14 or by the member, officer, State agency, or other employee
15 directing the employee;
16 (2) does business or seeks to do business (i) with the
17 member or officer or (ii) in the case of an employee, with
18 the employee or with the member, officer, State agency, or
19 other employee directing the employee;
20 (3) conducts activities regulated (i) by the member or
21 officer or (ii) in the case of an employee, by the employee
22 or by the member, officer, State agency, or other employee
23 directing the employee;
24 (4) has interests that may be substantially affected by
25 the performance or non-performance of the official duties
26 of the member, officer, or employee;

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1 (5) is registered or required to be registered with the
2 Secretary of State under the Lobbyist Registration Act,
3 except that an entity not otherwise a prohibited source
4 does not become a prohibited source merely because a
5 registered lobbyist is one of its members or serves on its
6 board of directors; or
7 (6) is an agent of, a spouse of, or an immediate family
8 member who is living with a "prohibited source".
9 "Regional Transit Boards" means (i) the Regional
10Transportation Authority created by the Regional
11Transportation Authority Act, (ii) the Suburban Bus Division
12created by the Regional Transportation Authority Act, (iii) the
13Commuter Rail Division created by the Regional Transportation
14Authority Act, and (iv) the Chicago Transit Authority created
15by the Metropolitan Transit Authority Act.
16 "State agency" includes all officers, boards, commissions
17and agencies created by the Constitution, whether in the
18executive or legislative branch; all officers, departments,
19boards, commissions, agencies, institutions, authorities,
20public institutions of higher learning as defined in Section 2
21of the Higher Education Cooperation Act (except community
22colleges), and bodies politic and corporate of the State; and
23administrative units or corporate outgrowths of the State
24government which are created by or pursuant to statute, other
25than units of local government (including community college
26districts) and their officers, school districts, and boards of

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1election commissioners; and all administrative units and
2corporate outgrowths of the above and as may be created by
3executive order of the Governor. "State agency" includes the
4General Assembly, the Senate, the House of Representatives, the
5President and Minority Leader of the Senate, the Speaker and
6Minority Leader of the House of Representatives, the Senate
7Operations Commission, and the legislative support services
8agencies. "State agency" includes the Office of the Auditor
9General. "State agency" does not include the judicial branch.
10 "State employee" means any employee of a State agency.
11 "Ultimate jurisdictional authority" means the following:
12 (1) For members, legislative partisan staff, and
13 legislative secretaries, the appropriate legislative
14 leader: President of the Senate, Minority Leader of the
15 Senate, Speaker of the House of Representatives, or
16 Minority Leader of the House of Representatives.
17 (2) For State employees who are professional staff or
18 employees of the Senate and not covered under item (1), the
19 Senate Operations Commission.
20 (3) For State employees who are professional staff or
21 employees of the House of Representatives and not covered
22 under item (1), the Speaker of the House of
23 Representatives.
24 (4) For State employees who are employees of the
25 legislative support services agencies, the Joint Committee
26 on Legislative Support Services.

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1 (5) For State employees of the Auditor General, the
2 Auditor General.
3 (6) For State employees of public institutions of
4 higher learning as defined in Section 2 of the Higher
5 Education Cooperation Act (except community colleges), the
6 board of trustees of the appropriate public institution of
7 higher learning.
8 (7) For State employees of an executive branch
9 constitutional officer other than those described in
10 paragraph (6), the appropriate executive branch
11 constitutional officer.
12 (8) For State employees not under the jurisdiction of
13 paragraph (1), (2), (3), (4), (5), (6), or (7), the
14 Governor.
15 (9) For employees of Regional Transit Boards, the
16 appropriate Regional Transit Board.
17 (10) For board members of Regional Transit Boards, the
18 Governor.
19 (11) For elected officials of a unit of local
20 government, the governing board of that unit of local
21 government.
22(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528,
23eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
24 (5 ILCS 430/20-5)
25 Sec. 20-5. Executive Ethics Commission.

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1 (a) The Executive Ethics Commission is created.
2 (b) The Executive Ethics Commission shall consist of 9
3commissioners. The Governor shall appoint 5 commissioners, and
4the Attorney General, Secretary of State, Comptroller, and
5Treasurer shall each appoint one commissioner. Appointments
6shall be made by and with the advice and consent of the Senate
7by three-fifths of the elected members concurring by record
8vote. Any nomination not acted upon by the Senate within 60
9session days of the receipt thereof shall be deemed to have
10received the advice and consent of the Senate. If, during a
11recess of the Senate, there is a vacancy in an office of
12commissioner, the appointing authority shall make a temporary
13appointment until the next meeting of the Senate when the
14appointing authority shall make a nomination to fill that
15office. No person rejected for an office of commissioner shall,
16except by the Senate's request, be nominated again for that
17office at the same session of the Senate or be appointed to
18that office during a recess of that Senate. No more than 5
19commissioners may be of the same political party.
20 The terms of the initial commissioners shall commence upon
21qualification. Four initial appointees of the Governor, as
22designated by the Governor, shall serve terms running through
23June 30, 2007. One initial appointee of the Governor, as
24designated by the Governor, and the initial appointees of the
25Attorney General, Secretary of State, Comptroller, and
26Treasurer shall serve terms running through June 30, 2008. The

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1initial appointments shall be made within 60 days after the
2effective date of this Act.
3 After the initial terms, commissioners shall serve for
44-year terms commencing on July 1 of the year of appointment
5and running through June 30 of the fourth following year.
6Commissioners may be reappointed to one or more subsequent
7terms.
8 Vacancies occurring other than at the end of a term shall
9be filled by the appointing authority only for the balance of
10the term of the commissioner whose office is vacant.
11 Terms shall run regardless of whether the position is
12filled.
13 (c) The appointing authorities shall appoint commissioners
14who have experience holding governmental office or employment
15and shall appoint commissioners from the general public. A
16person is not eligible to serve as a commissioner if that
17person (i) has been convicted of a felony or a crime of
18dishonesty or moral turpitude, (ii) is, or was within the
19preceding 12 months, engaged in activities that require
20registration under the Lobbyist Registration Act, (iii) is
21related to the appointing authority, or (iv) is a State officer
22or employee.
23 (d) The Executive Ethics Commission shall have
24jurisdiction over all officers and employees of State agencies
25other than the General Assembly, the Senate, the House of
26Representatives, the President and Minority Leader of the

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1Senate, the Speaker and Minority Leader of the House of
2Representatives, the Senate Operations Commission, the
3legislative support services agencies, and the Office of the
4Auditor General. The Executive Ethics Commission shall have
5jurisdiction over all board members and employees of Regional
6Transit Boards. The jurisdiction of the Commission is limited
7to matters arising under this Act, except as provided in
8subsection (d-5).
9 A member or legislative branch State employee serving on an
10executive branch board or commission remains subject to the
11jurisdiction of the Legislative Ethics Commission and is not
12subject to the jurisdiction of the Executive Ethics Commission.
13 (d-5) The Executive Ethics Commission shall have
14jurisdiction over all chief procurement officers and
15procurement compliance monitors and their respective staffs.
16The Executive Ethics Commission shall have jurisdiction over
17any matters arising under the Illinois Procurement Code if the
18Commission is given explicit authority in that Code.
19 (d-6) (1) The Executive Ethics Commission shall have
20jurisdiction over the Illinois Power Agency and its staff. The
21Director of the Agency shall be appointed by a majority of the
22commissioners of the Executive Ethics Commission, subject to
23Senate confirmation, for a term of 2 years. The Director is
24removable for cause by a majority of the Commission upon a
25finding of neglect, malfeasance, absence, or incompetence.
26 (2) In case of a vacancy in the office of Director of the

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1Illinois Power Agency during a recess of the Senate, the
2Executive Ethics Commission may make a temporary appointment
3until the next meeting of the Senate, at which time the
4Executive Ethics Commission shall nominate some person to fill
5the office, and any person so nominated who is confirmed by the
6Senate shall hold office during the remainder of the term and
7until his or her successor is appointed and qualified. Nothing
8in this subsection shall prohibit the Executive Ethics
9Commission from removing a temporary appointee or from
10appointing a temporary appointee as the Director of the
11Illinois Power Agency.
12 (3) Prior to June 1, 2012, the Executive Ethics Commission
13may, until the Director of the Illinois Power Agency is
14appointed and qualified or a temporary appointment is made
15pursuant to paragraph (2) of this subsection, designate some
16person as an acting Director to execute the powers and
17discharge the duties vested by law in that Director. An acting
18Director shall serve no later than 60 calendar days, or upon
19the making of an appointment pursuant to paragraph (1) or (2)
20of this subsection, whichever is earlier. Nothing in this
21subsection shall prohibit the Executive Ethics Commission from
22removing an acting Director or from appointing an acting
23Director as the Director of the Illinois Power Agency.
24 (4) No person rejected by the Senate for the office of
25Director of the Illinois Power Agency shall, except at the
26Senate's request, be nominated again for that office at the

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1same session or be appointed to that office during a recess of
2that Senate.
3 (d-7) The Executive Ethics Commission shall have
4jurisdiction over allegations of sexual harassment made by an
5elected official of a unit of local government against another
6elected official of a unit of local government if the unit of
7local government has not adopted a sexual harassment policy
8that includes an Inspector General with jurisdiction.
9 (e) The Executive Ethics Commission must meet, either in
10person or by other technological means, at least monthly and as
11often as necessary. At the first meeting of the Executive
12Ethics Commission, the commissioners shall choose from their
13number a chairperson and other officers that they deem
14appropriate. The terms of officers shall be for 2 years
15commencing July 1 and running through June 30 of the second
16following year. Meetings shall be held at the call of the
17chairperson or any 3 commissioners. Official action by the
18Commission shall require the affirmative vote of 5
19commissioners, and a quorum shall consist of 5 commissioners.
20Commissioners shall receive compensation in an amount equal to
21the compensation of members of the State Board of Elections and
22may be reimbursed for their reasonable expenses actually
23incurred in the performance of their duties.
24 (f) No commissioner or employee of the Executive Ethics
25Commission may during his or her term of appointment or
26employment:

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1 (1) become a candidate for any elective office;
2 (2) hold any other elected or appointed public office
3 except for appointments on governmental advisory boards or
4 study commissions or as otherwise expressly authorized by
5 law;
6 (3) be actively involved in the affairs of any
7 political party or political organization; or
8 (4) advocate for the appointment of another person to
9 an appointed or elected office or position or actively
10 participate in any campaign for any elective office.
11 (g) An appointing authority may remove a commissioner only
12for cause.
13 (h) The Executive Ethics Commission shall appoint an
14Executive Director. The compensation of the Executive Director
15shall be as determined by the Commission. The Executive
16Director of the Executive Ethics Commission may employ and
17determine the compensation of staff, as appropriations permit.
18 (i) The Executive Ethics Commission shall appoint, by a
19majority of the members appointed to the Commission, chief
20procurement officers and may appoint procurement compliance
21monitors in accordance with the provisions of the Illinois
22Procurement Code. The compensation of a chief procurement
23officer and procurement compliance monitor shall be determined
24by the Commission.
25(Source: P.A. 100-43, eff. 8-9-17.)

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1 (5 ILCS 430/20-10)
2 Sec. 20-10. Offices of Executive Inspectors General.
3 (a) Five independent Offices of the Executive Inspector
4General are created, one each for the Governor, the Attorney
5General, the Secretary of State, the Comptroller, and the
6Treasurer. Each Office shall be under the direction and
7supervision of an Executive Inspector General and shall be a
8fully independent office with separate appropriations.
9 (b) The Governor, Attorney General, Secretary of State,
10Comptroller, and Treasurer shall each appoint an Executive
11Inspector General, without regard to political affiliation and
12solely on the basis of integrity and demonstrated ability.
13Appointments shall be made by and with the advice and consent
14of the Senate by three-fifths of the elected members concurring
15by record vote. Any nomination not acted upon by the Senate
16within 60 session days of the receipt thereof shall be deemed
17to have received the advice and consent of the Senate. If,
18during a recess of the Senate, there is a vacancy in an office
19of Executive Inspector General, the appointing authority shall
20make a temporary appointment until the next meeting of the
21Senate when the appointing authority shall make a nomination to
22fill that office. No person rejected for an office of Executive
23Inspector General shall, except by the Senate's request, be
24nominated again for that office at the same session of the
25Senate or be appointed to that office during a recess of that
26Senate.

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1 Nothing in this Article precludes the appointment by the
2Governor, Attorney General, Secretary of State, Comptroller,
3or Treasurer of any other inspector general required or
4permitted by law. The Governor, Attorney General, Secretary of
5State, Comptroller, and Treasurer each may appoint an existing
6inspector general as the Executive Inspector General required
7by this Article, provided that such an inspector general is not
8prohibited by law, rule, jurisdiction, qualification, or
9interest from serving as the Executive Inspector General
10required by this Article. An appointing authority may not
11appoint a relative as an Executive Inspector General.
12 Each Executive Inspector General shall have the following
13qualifications:
14 (1) has not been convicted of any felony under the laws
15 of this State, another State, or the United States;
16 (2) has earned a baccalaureate degree from an
17 institution of higher education; and
18 (3) has 5 or more years of cumulative service (A) with
19 a federal, State, or local law enforcement agency, at least
20 2 years of which have been in a progressive investigatory
21 capacity; (B) as a federal, State, or local prosecutor; (C)
22 as a senior manager or executive of a federal, State, or
23 local agency; (D) as a member, an officer, or a State or
24 federal judge; or (E) representing any combination of (A)
25 through (D).
26 The term of each initial Executive Inspector General shall

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1commence upon qualification and shall run through June 30,
22008. The initial appointments shall be made within 60 days
3after the effective date of this Act.
4 After the initial term, each Executive Inspector General
5shall serve for 5-year terms commencing on July 1 of the year
6of appointment and running through June 30 of the fifth
7following year. An Executive Inspector General may be
8reappointed to one or more subsequent terms.
9 A vacancy occurring other than at the end of a term shall
10be filled by the appointing authority only for the balance of
11the term of the Executive Inspector General whose office is
12vacant.
13 Terms shall run regardless of whether the position is
14filled.
15 (c) The Executive Inspector General appointed by the
16Attorney General shall have jurisdiction over the Attorney
17General and all officers and employees of, and vendors and
18others doing business with, State agencies within the
19jurisdiction of the Attorney General. The Executive Inspector
20General appointed by the Secretary of State shall have
21jurisdiction over the Secretary of State and all officers and
22employees of, and vendors and others doing business with, State
23agencies within the jurisdiction of the Secretary of State. The
24Executive Inspector General appointed by the Comptroller shall
25have jurisdiction over the Comptroller and all officers and
26employees of, and vendors and others doing business with, State

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1agencies within the jurisdiction of the Comptroller. The
2Executive Inspector General appointed by the Treasurer shall
3have jurisdiction over the Treasurer and all officers and
4employees of, and vendors and others doing business with, State
5agencies within the jurisdiction of the Treasurer. The
6Executive Inspector General appointed by the Governor shall
7have jurisdiction over (i) the Governor, (ii) the Lieutenant
8Governor, (iii) all officers and employees of, and vendors and
9others doing business with, executive branch State agencies
10under the jurisdiction of the Executive Ethics Commission and
11not within the jurisdiction of the Attorney General, the
12Secretary of State, the Comptroller, or the Treasurer, and (iv)
13all board members and employees of the Regional Transit Boards
14and all vendors and others doing business with the Regional
15Transit Boards, and (v) investigations into allegations of
16sexual harassment made by an elected official of a unit of
17local government against another elected official of a unit of
18local government if the unit of local government has not
19adopted a sexual harassment policy that includes an Inspector
20General with jurisdiction. The Executive Inspector General
21appointed by the Governor is not responsible for the training
22or implementation of sexual harassment policies adopted by
23units of local government.
24 The jurisdiction of each Executive Inspector General is to
25investigate allegations of fraud, waste, abuse, mismanagement,
26misconduct, nonfeasance, misfeasance, malfeasance, or

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1violations of this Act or violations of other related laws and
2rules.
3 (d) The compensation for each Executive Inspector General
4shall be determined by the Executive Ethics Commission and
5shall be made from appropriations made to the Comptroller for
6this purpose. Subject to Section 20-45 of this Act, each
7Executive Inspector General has full authority to organize his
8or her Office of the Executive Inspector General, including the
9employment and determination of the compensation of staff, such
10as deputies, assistants, and other employees, as
11appropriations permit. A separate appropriation shall be made
12for each Office of Executive Inspector General.
13 (e) No Executive Inspector General or employee of the
14Office of the Executive Inspector General may, during his or
15her term of appointment or employment:
16 (1) become a candidate for any elective office;
17 (2) hold any other elected or appointed public office
18 except for appointments on governmental advisory boards or
19 study commissions or as otherwise expressly authorized by
20 law;
21 (3) be actively involved in the affairs of any
22 political party or political organization; or
23 (4) advocate for the appointment of another person to
24 an appointed or elected office or position or actively
25 participate in any campaign for any elective office.
26 In this subsection an appointed public office means a

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1position authorized by law that is filled by an appointing
2authority as provided by law and does not include employment by
3hiring in the ordinary course of business.
4 (e-1) No Executive Inspector General or employee of the
5Office of the Executive Inspector General may, for one year
6after the termination of his or her appointment or employment:
7 (1) become a candidate for any elective office;
8 (2) hold any elected public office; or
9 (3) hold any appointed State, county, or local judicial
10 office.
11 (e-2) The requirements of item (3) of subsection (e-1) may
12be waived by the Executive Ethics Commission.
13 (f) An Executive Inspector General may be removed only for
14cause and may be removed only by the appointing constitutional
15officer. At the time of the removal, the appointing
16constitutional officer must report to the Executive Ethics
17Commission the justification for the removal.
18(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
19 (5 ILCS 430/70-5)
20 Sec. 70-5. Adoption by governmental entities.
21 (a) Within 6 months after the effective date of this Act,
22each governmental entity other than a community college
23district, and each community college district within 6 months
24after the effective date of this amendatory Act of the 95th
25General Assembly, shall adopt an ordinance or resolution that

SB1223 Engrossed- 23 -LRB101 07927 AWJ 52982 b
1regulates, in a manner no less restrictive than Section 5-15
2and Article 10 of this Act, (i) the political activities of
3officers and employees of the governmental entity and (ii) the
4soliciting and accepting of gifts by and the offering and
5making of gifts to officers and employees of the governmental
6entity.
7 No later than 60 days after the effective date of this
8amendatory Act of the 100th General Assembly, each governmental
9unit shall adopt an ordinance or resolution establishing a
10policy to prohibit sexual harassment. The policy shall include,
11at a minimum: (i) a prohibition on sexual harassment; (ii)
12details on how an individual can report an allegation of sexual
13harassment, including options for making a confidential report
14to a supervisor, ethics officer, Inspector General, or the
15Department of Human Rights; (iii) a prohibition on retaliation
16for reporting sexual harassment allegations, including
17availability of whistleblower protections under this Act, the
18Whistleblower Act, and the Illinois Human Rights Act; and (iv)
19the consequences of a violation of the prohibition on sexual
20harassment and the consequences for knowingly making a false
21report. Any policy to prohibit sexual harassment adopted by a
22governmental entity under this subsection (a) shall be subject
23to the jurisdiction of the Executive Ethics Commission and the
24Executive Inspector General appointed by the Governor under
25this Act regarding sexual harassment allegations made by an
26elected official of a unit of local government against another

SB1223 Engrossed- 24 -LRB101 07927 AWJ 52982 b
1elected official of a unit of local government if the unit of
2local government has not adopted a sexual harassment policy
3that includes an Inspector General with jurisdiction.
4 (b) Within 3 months after the effective date of this
5amendatory Act of the 93rd General Assembly, the Attorney
6General shall develop model ordinances and resolutions for the
7purpose of this Article. The Attorney General shall advise
8governmental entities on their contents and adoption.
9 (c) As used in this Article, (i) an "officer" means an
10elected or appointed official; regardless of whether the
11official is compensated, and (ii) an "employee" means a
12full-time, part-time, or contractual employee.
13(Source: P.A. 100-554, eff. 11-16-17.)
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