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.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | ||||||
5 | amended by changing Sections 1-5, 20-5, 20-10, and 70-5 as | ||||||
6 | follows:
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7 | (5 ILCS 430/1-5)
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8 | Sec. 1-5. Definitions. As used in this Act:
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9 | "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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12 | "Board members of Regional Transit Boards" means any person | ||||||
13 | appointed to serve on the governing board of a Regional Transit | ||||||
14 | Board. | ||||||
15 | "Campaign for elective office" means any activity in | ||||||
16 | furtherance of an
effort to influence the selection, | ||||||
17 | nomination, election, or appointment of any
individual to any | ||||||
18 | federal, State, or local public office or office in a
political | ||||||
19 | organization, or the selection, nomination, or election
of | ||||||
20 | Presidential or Vice-Presidential electors,
but does not | ||||||
21 | include
activities (i) relating to the support or opposition of | ||||||
22 | any executive,
legislative, or administrative action (as those | ||||||
23 | terms are defined in Section 2
of the Lobbyist Registration |
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1 | Act), (ii) relating to collective bargaining, or
(iii) that are | ||||||
2 | otherwise in furtherance of the person's official State duties.
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3 | "Candidate" means a person who has
filed nominating papers | ||||||
4 | or petitions for nomination or election to an elected
State | ||||||
5 | office, or who has been appointed to fill a vacancy in | ||||||
6 | nomination, and
who remains eligible for placement on the | ||||||
7 | ballot at either a
general primary election or general | ||||||
8 | election.
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9 | "Collective bargaining" has the same meaning as that term | ||||||
10 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
11 | Act.
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12 | "Commission" means an ethics commission created by this | ||||||
13 | Act.
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14 | "Compensated time" means any time worked by or credited to | ||||||
15 | a State employee
that counts
toward any minimum work time | ||||||
16 | requirement imposed as a condition of employment
with a State | ||||||
17 | agency, but does not include any designated State holidays or | ||||||
18 | any
period when the employee is on a
leave of absence.
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19 | "Compensatory time off" means authorized time off earned by | ||||||
20 | or awarded to a
State employee to compensate in whole or in | ||||||
21 | part for time worked in excess of
the minimum work time | ||||||
22 | required
of that employee as a condition of employment with a | ||||||
23 | State agency.
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24 | "Contribution" has the same meaning as that term is defined | ||||||
25 | in Section 9-1.4
of the Election Code.
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26 | "Employee" means (i) any person employed full-time, |
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1 | part-time, or
pursuant to a contract and whose employment | ||||||
2 | duties are subject to the direction
and
control of an employer | ||||||
3 | with regard to the material details of how the work is
to be | ||||||
4 | performed or (ii) any appointed or elected commissioner, | ||||||
5 | trustee, director, or board member of a board of a State | ||||||
6 | agency, including any retirement system or investment board | ||||||
7 | subject to the Illinois Pension Code or (iii) any other | ||||||
8 | appointee.
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9 | "Employment benefits" include but are not limited to the | ||||||
10 | following: modified compensation or benefit terms; compensated | ||||||
11 | time off; or change of title, job duties, or location of office | ||||||
12 | or employment. An employment benefit may also include favorable | ||||||
13 | treatment in determining whether to bring any disciplinary or | ||||||
14 | similar action or favorable treatment during the course of any | ||||||
15 | disciplinary or similar action or other performance review. | ||||||
16 | "Executive branch constitutional officer" means the | ||||||
17 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
18 | State, Comptroller, and Treasurer.
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19 | "Gift" means any gratuity, discount, entertainment, | ||||||
20 | hospitality, loan,
forbearance, or other tangible or | ||||||
21 | intangible item having monetary value
including, but not
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22 | limited to, cash, food and drink, and honoraria for speaking | ||||||
23 | engagements
related to or attributable to government | ||||||
24 | employment or the official position of
an
employee, member, or | ||||||
25 | officer.
The value of a gift may be further defined by rules | ||||||
26 | adopted by the appropriate ethics commission or by the Auditor |
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1 | General for the Auditor General and for employees of the office | ||||||
2 | of the Auditor General.
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3 | "Governmental entity" means a unit of local government | ||||||
4 | (including a community college district) or a school
district | ||||||
5 | but not a State
agency or a Regional Transit Board.
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6 | "Leave of absence" means any period during which a State | ||||||
7 | employee does not
receive (i) compensation for State | ||||||
8 | employment, (ii) service credit towards
State pension | ||||||
9 | benefits, and (iii) health insurance benefits paid for by the
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10 | State.
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11 | "Legislative branch constitutional officer" means a member | ||||||
12 | of the General
Assembly and the Auditor General.
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13 | "Legislative leader" means the President and Minority | ||||||
14 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
15 | House of Representatives.
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16 | "Member" means a member of the General Assembly.
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17 | "Officer" means an executive branch constitutional officer
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18 | or a
legislative branch constitutional officer.
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19 | "Political" means any activity in support
of or in | ||||||
20 | connection with any campaign for elective office or any | ||||||
21 | political
organization, but does not include activities (i) | ||||||
22 | relating to the support or
opposition of any executive, | ||||||
23 | legislative, or administrative action (as those
terms are | ||||||
24 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
25 | relating
to collective bargaining, or (iii) that are
otherwise
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26 | in furtherance of the person's official
State duties or |
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1 | governmental and public service functions.
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2 | "Political organization" means a party, committee, | ||||||
3 | association, fund, or
other organization (whether or not | ||||||
4 | incorporated) that is required to file a
statement of | ||||||
5 | organization with the State Board of Elections or a county | ||||||
6 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
7 | regard to those
activities that require filing with the State | ||||||
8 | Board of Elections or a county
clerk.
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9 | "Prohibited political activity" means:
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10 | (1) Preparing for, organizing, or participating in any
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11 | political meeting, political rally, political | ||||||
12 | demonstration, or other political
event.
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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.
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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.
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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
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24 | question.
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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.
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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.
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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.
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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.
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15 | (9) Making contributions on behalf
of any candidate for | ||||||
16 | elective office in that capacity or in connection with a
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17 | campaign for elective office.
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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.
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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.
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2 | (13) Managing or working on a campaign for elective
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3 | office or for or against any referendum question.
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4 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
5 | political
party convention.
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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.
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11 | "Prohibited source" means any person or entity who:
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12 | (1) is seeking official action (i) by the
member or | ||||||
13 | officer or (ii) in the case of an employee, by
the employee
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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
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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;
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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;
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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
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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".
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9 | "Regional Transit Boards" means (i) the Regional | ||||||
10 | Transportation Authority created by the Regional | ||||||
11 | Transportation Authority Act, (ii) the Suburban Bus Division | ||||||
12 | created by the Regional Transportation Authority Act, (iii) the | ||||||
13 | Commuter Rail Division created by the Regional Transportation | ||||||
14 | Authority Act, and (iv) the Chicago Transit Authority created | ||||||
15 | by the Metropolitan Transit Authority Act. | ||||||
16 | "State agency" includes all officers, boards, commissions | ||||||
17 | and agencies
created by the Constitution, whether in the | ||||||
18 | executive or legislative
branch; all officers,
departments, | ||||||
19 | boards, commissions, agencies, institutions, authorities,
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20 | public institutions of higher learning as defined in Section 2 | ||||||
21 | of the Higher
Education
Cooperation Act (except community | ||||||
22 | colleges), and bodies politic and corporate of the State; and
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23 | administrative
units or corporate outgrowths of the State | ||||||
24 | government which are created by
or pursuant to statute, other | ||||||
25 | than units of local government (including community college | ||||||
26 | districts) and their
officers, school districts, and boards of |
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1 | election commissioners; and all
administrative units and | ||||||
2 | corporate outgrowths of the above and as may be
created by | ||||||
3 | executive order of the Governor. "State agency" includes the | ||||||
4 | General
Assembly, the Senate, the House of Representatives, the | ||||||
5 | President and Minority
Leader of the Senate, the Speaker and | ||||||
6 | Minority Leader of the House of
Representatives, the Senate | ||||||
7 | Operations Commission, and the legislative support
services | ||||||
8 | agencies. "State agency" includes the Office
of the Auditor | ||||||
9 | General. "State agency" does not include the judicial branch.
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10 | "State employee" means any employee of a State agency.
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11 | "Ultimate jurisdictional
authority" means the following:
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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.
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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.
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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.
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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.
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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.
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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, | ||||||
23 | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
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24 | (5 ILCS 430/20-5)
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25 | Sec. 20-5. Executive Ethics Commission.
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1 | (a) The Executive Ethics Commission is created.
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2 | (b) The Executive Ethics Commission shall consist of 9
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3 | commissioners.
The Governor shall appoint 5 commissioners, and | ||||||
4 | the Attorney General, Secretary
of State, Comptroller, and | ||||||
5 | Treasurer shall each appoint one commissioner.
Appointments | ||||||
6 | shall be made by and with the advice and consent of the
Senate | ||||||
7 | by three-fifths of the elected members concurring by record | ||||||
8 | vote.
Any nomination not acted upon by the Senate within 60 | ||||||
9 | session days of the
receipt thereof shall be deemed to have | ||||||
10 | received the advice and consent of
the Senate. If, during a | ||||||
11 | recess of the Senate, there is a vacancy in an office
of | ||||||
12 | commissioner, the appointing authority shall make a temporary
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13 | appointment until the next meeting of the Senate when the | ||||||
14 | appointing
authority shall make a nomination to fill that | ||||||
15 | office. No person rejected for
an office of commissioner shall, | ||||||
16 | except by the Senate's request, be
nominated again for that | ||||||
17 | office at the same session of the Senate or be
appointed to | ||||||
18 | that office during a recess of that Senate.
No more than 5
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19 | commissioners may be of the same
political party.
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20 | The terms of the initial commissioners shall commence upon | ||||||
21 | qualification.
Four initial appointees of the Governor, as | ||||||
22 | designated by the Governor, shall
serve terms running through | ||||||
23 | June 30, 2007. One initial appointee of the
Governor, as | ||||||
24 | designated by the Governor, and the initial appointees of the
| ||||||
25 | Attorney General, Secretary of State, Comptroller, and | ||||||
26 | Treasurer shall serve
terms running through June 30, 2008.
The |
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1 | initial appointments shall be made within 60 days
after the | ||||||
2 | effective date of this Act.
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3 | After the initial terms, commissioners shall serve for | ||||||
4 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
5 | and running
through June 30 of the fourth following year. | ||||||
6 | Commissioners may be
reappointed to one or more subsequent | ||||||
7 | terms.
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8 | Vacancies occurring other than at the end of a term shall | ||||||
9 | be filled
by the appointing authority only for the balance of | ||||||
10 | the
term of the commissioner whose office is vacant.
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11 | Terms shall run regardless of whether the position is | ||||||
12 | filled.
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13 | (c) The appointing authorities shall appoint commissioners | ||||||
14 | who
have experience holding governmental office or employment | ||||||
15 | and shall
appoint commissioners from the general public.
A | ||||||
16 | person is not eligible to
serve as a commissioner if that | ||||||
17 | person (i) has been convicted of a
felony or a crime of | ||||||
18 | dishonesty or moral turpitude, (ii) is, or was
within the | ||||||
19 | preceding 12 months, engaged in activities that
require | ||||||
20 | registration under the Lobbyist Registration Act, (iii) is | ||||||
21 | related
to the appointing authority, or (iv) is a State officer | ||||||
22 | or employee.
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23 | (d) The Executive Ethics Commission shall have
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24 | jurisdiction over all officers and employees of State agencies | ||||||
25 | other
than the General Assembly, the Senate, the House of | ||||||
26 | Representatives,
the President and Minority Leader of the |
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1 | Senate, the Speaker and
Minority Leader of the House of | ||||||
2 | Representatives, the Senate
Operations Commission, the | ||||||
3 | legislative support services agencies, and
the Office of the | ||||||
4 | Auditor General.
The Executive Ethics Commission shall have | ||||||
5 | jurisdiction over all board members and employees of Regional | ||||||
6 | Transit Boards. The jurisdiction of the
Commission is limited | ||||||
7 | to matters arising under this Act, except as provided in | ||||||
8 | subsection (d-5).
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9 | A member or legislative branch State employee serving on an | ||||||
10 | executive branch board or commission remains subject to the | ||||||
11 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
12 | subject to the jurisdiction of the Executive Ethics Commission. | ||||||
13 | (d-5) The Executive Ethics Commission shall have | ||||||
14 | jurisdiction over all chief procurement officers and | ||||||
15 | procurement compliance monitors and their respective staffs. | ||||||
16 | The Executive Ethics Commission shall have jurisdiction over | ||||||
17 | any matters arising under the Illinois Procurement Code if the | ||||||
18 | Commission is given explicit authority in that Code. | ||||||
19 | (d-6) (1) The Executive Ethics Commission shall have | ||||||
20 | jurisdiction over the Illinois Power Agency and its staff. The | ||||||
21 | Director of the Agency shall be appointed by a majority of the | ||||||
22 | commissioners of the Executive Ethics Commission, subject to | ||||||
23 | Senate confirmation, for a term of 2 years. The Director is | ||||||
24 | removable for cause by a majority of the Commission upon a | ||||||
25 | finding of neglect, malfeasance, absence, or incompetence. | ||||||
26 | (2) In case of a vacancy in the office of Director of the |
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| |||||||
1 | Illinois Power Agency during a recess of the Senate, the | ||||||
2 | Executive Ethics Commission may make a temporary appointment | ||||||
3 | until the next meeting of the Senate, at which time the | ||||||
4 | Executive Ethics Commission shall nominate some person to fill | ||||||
5 | the office, and any person so nominated who is confirmed by the | ||||||
6 | Senate shall hold office during the remainder of the term and | ||||||
7 | until his or her successor is appointed and qualified. Nothing | ||||||
8 | in this subsection shall prohibit the Executive Ethics | ||||||
9 | Commission from removing a temporary appointee or from | ||||||
10 | appointing a temporary appointee as the Director of the | ||||||
11 | Illinois Power Agency. | ||||||
12 | (3) Prior to June 1, 2012, the Executive Ethics Commission | ||||||
13 | may, until the Director of the Illinois Power Agency is | ||||||
14 | appointed and qualified or a temporary appointment is made | ||||||
15 | pursuant to paragraph (2) of this subsection, designate some | ||||||
16 | person as an acting Director to execute the powers and | ||||||
17 | discharge the duties vested by law in that Director. An acting | ||||||
18 | Director shall serve no later than 60 calendar days, or upon | ||||||
19 | the making of an appointment pursuant to paragraph (1) or (2) | ||||||
20 | of this subsection, whichever is earlier. Nothing in this | ||||||
21 | subsection shall prohibit the Executive Ethics Commission from | ||||||
22 | removing an acting Director or from appointing an acting | ||||||
23 | Director as the Director of the Illinois Power Agency. | ||||||
24 | (4) No person rejected by the Senate for the office of | ||||||
25 | Director of the Illinois Power Agency shall, except at the | ||||||
26 | Senate's request, be nominated again for that office at the |
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| |||||||
1 | same session or be appointed to that office during a recess of | ||||||
2 | that Senate. | ||||||
3 | (d-7) The Executive Ethics Commission shall have | ||||||
4 | jurisdiction over allegations of sexual harassment made by an | ||||||
5 | elected official of a unit of local government against another | ||||||
6 | elected official of a unit of local government if the unit of | ||||||
7 | local government has not adopted a sexual harassment policy | ||||||
8 | that includes an Inspector General with jurisdiction. | ||||||
9 | (e) The Executive Ethics Commission must meet, either
in | ||||||
10 | person or by other technological means, at least monthly and as
| ||||||
11 | often as necessary. At the first meeting of the Executive
| ||||||
12 | Ethics Commission, the commissioners shall choose from their
| ||||||
13 | number a chairperson and other officers that they deem | ||||||
14 | appropriate.
The terms of officers shall be for 2 years | ||||||
15 | commencing July 1 and
running through June 30 of the second | ||||||
16 | following year. Meetings shall be held at
the call
of the | ||||||
17 | chairperson or any 3 commissioners. Official action by the
| ||||||
18 | Commission shall require the affirmative vote of 5 | ||||||
19 | commissioners, and
a quorum shall consist of 5 commissioners. | ||||||
20 | Commissioners shall receive
compensation in an amount equal to | ||||||
21 | the compensation of members of the State
Board of Elections and | ||||||
22 | may be
reimbursed for their reasonable expenses actually | ||||||
23 | incurred in the
performance of their duties.
| ||||||
24 | (f) No commissioner or employee of the Executive
Ethics | ||||||
25 | Commission may during his or her term of appointment or | ||||||
26 | employment:
|
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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 | ||||||
12 | for cause.
| ||||||
13 | (h) The Executive Ethics Commission shall appoint an | ||||||
14 | Executive Director. The
compensation of the Executive Director | ||||||
15 | shall be as determined by the Commission. The Executive
| ||||||
16 | Director of the Executive Ethics Commission may employ and | ||||||
17 | determine the
compensation of staff, as appropriations permit.
| ||||||
18 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
19 | majority of the members appointed to the Commission, chief | ||||||
20 | procurement officers and may appoint procurement compliance | ||||||
21 | monitors in accordance with the provisions of the Illinois | ||||||
22 | Procurement Code. The compensation of a chief procurement | ||||||
23 | officer and procurement compliance monitor shall be determined | ||||||
24 | by the Commission. | ||||||
25 | (Source: P.A. 100-43, eff. 8-9-17.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/20-10)
| ||||||
2 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
3 | (a) Five independent Offices of the Executive Inspector | ||||||
4 | General are
created,
one each for the Governor, the Attorney | ||||||
5 | General, the Secretary of State, the
Comptroller, and the | ||||||
6 | Treasurer. Each Office shall be under the direction and
| ||||||
7 | supervision
of an Executive Inspector General and shall be a | ||||||
8 | fully independent office with
separate
appropriations.
| ||||||
9 | (b) The Governor, Attorney General, Secretary of State, | ||||||
10 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
11 | Inspector General, without regard to
political affiliation and | ||||||
12 | solely on the basis of integrity and
demonstrated ability.
| ||||||
13 | Appointments shall be made by and with the advice and consent | ||||||
14 | of the
Senate by three-fifths of the elected members concurring | ||||||
15 | by record vote.
Any nomination not acted upon by the Senate | ||||||
16 | within 60 session days of the
receipt thereof shall be deemed | ||||||
17 | to have received the advice and consent of
the Senate. If, | ||||||
18 | during a recess of the Senate, there is a vacancy in an office
| ||||||
19 | of Executive Inspector General, the appointing authority shall | ||||||
20 | make a
temporary appointment until the next meeting of the | ||||||
21 | Senate when the
appointing authority shall make a nomination to | ||||||
22 | fill that office. No person
rejected for an office of Executive | ||||||
23 | Inspector General shall, except by the
Senate's request, be | ||||||
24 | nominated again for that office at the same session of
the | ||||||
25 | Senate or be appointed to that office during a recess of that | ||||||
26 | Senate.
|
| |||||||
| |||||||
1 | Nothing in this Article precludes the appointment by the | ||||||
2 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
3 | or Treasurer of any other inspector general
required or
| ||||||
4 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
5 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
6 | inspector general as the Executive Inspector
General
required | ||||||
7 | by this
Article, provided that such an inspector general is not | ||||||
8 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
9 | interest from serving as the Executive
Inspector General
| ||||||
10 | required by
this Article.
An appointing authority may not | ||||||
11 | appoint a relative as an Executive Inspector
General.
| ||||||
12 | Each Executive Inspector General shall have the following | ||||||
13 | qualifications:
| ||||||
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
|
| |||||||
| |||||||
1 | commence upon qualification and shall run through June 30, | ||||||
2 | 2008. The
initial appointments shall be made within 60 days | ||||||
3 | after the effective
date of this Act.
| ||||||
4 | After the initial term, each Executive Inspector General | ||||||
5 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
6 | of appointment
and running through June 30 of the fifth | ||||||
7 | following year. An
Executive Inspector General may be | ||||||
8 | reappointed to one or more
subsequent terms.
| ||||||
9 | A vacancy occurring other than at the end of a term shall | ||||||
10 | be filled
by the appointing authority only for the balance of | ||||||
11 | the term of the Executive
Inspector General whose office is | ||||||
12 | vacant.
| ||||||
13 | Terms shall run regardless of whether the position is | ||||||
14 | filled.
| ||||||
15 | (c) The Executive Inspector General appointed by the | ||||||
16 | Attorney General shall
have jurisdiction over the Attorney | ||||||
17 | General and all officers and employees of,
and vendors and | ||||||
18 | others doing business with,
State agencies within the | ||||||
19 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
20 | General appointed by the Secretary of State shall have | ||||||
21 | jurisdiction
over the Secretary of State and all officers and | ||||||
22 | employees of, and vendors and
others doing business with, State | ||||||
23 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
24 | Executive Inspector General
appointed by the Comptroller shall | ||||||
25 | have jurisdiction over the Comptroller and
all officers and | ||||||
26 | employees of, and vendors and others doing business with,
State |
| |||||||
| |||||||
1 | agencies within the jurisdiction of the Comptroller. The
| ||||||
2 | Executive Inspector General appointed by the Treasurer shall | ||||||
3 | have jurisdiction
over the Treasurer and all officers and | ||||||
4 | employees of, and vendors and others
doing business with, State | ||||||
5 | agencies within the jurisdiction
of the Treasurer. The | ||||||
6 | Executive Inspector General appointed by the Governor
shall | ||||||
7 | have jurisdiction over (i) the Governor, (ii) the Lieutenant | ||||||
8 | Governor, (iii) all
officers and employees of, and vendors and | ||||||
9 | others doing business with,
executive branch State agencies | ||||||
10 | under the jurisdiction of the
Executive Ethics Commission and | ||||||
11 | not within the jurisdiction of the
Attorney
General, the | ||||||
12 | Secretary of State, the Comptroller, or the Treasurer, and (iv) | ||||||
13 | all board members and employees of the Regional Transit Boards | ||||||
14 | and all vendors and others doing business with the Regional | ||||||
15 | Transit Boards , and (v) investigations into allegations of | ||||||
16 | sexual harassment made by an elected official of a unit of | ||||||
17 | local government against another elected official of a unit of | ||||||
18 | local government if the unit of local government has not | ||||||
19 | adopted a sexual harassment policy that includes an Inspector | ||||||
20 | General with jurisdiction. The Executive Inspector General | ||||||
21 | appointed by the Governor is not responsible for the training | ||||||
22 | or implementation of sexual harassment policies adopted by | ||||||
23 | units of local government .
| ||||||
24 | The jurisdiction of each Executive Inspector General is to | ||||||
25 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
26 | misconduct, nonfeasance,
misfeasance,
malfeasance, or |
| |||||||
| |||||||
1 | violations of this Act or violations of other related
laws and | ||||||
2 | rules.
| ||||||
3 | (d) The compensation for each Executive Inspector General | ||||||
4 | shall be
determined by the Executive Ethics Commission and | ||||||
5 | shall be made from appropriations made to the Comptroller for | ||||||
6 | this purpose. Subject to Section 20-45 of this Act, each
| ||||||
7 | Executive Inspector General has full
authority
to organize his | ||||||
8 | or her Office of the Executive Inspector General, including the
| ||||||
9 | employment and determination of the compensation of staff, such | ||||||
10 | as deputies,
assistants, and other employees, as | ||||||
11 | appropriations permit. A separate
appropriation
shall be made | ||||||
12 | for each Office of Executive Inspector General.
| ||||||
13 | (e) No Executive Inspector General or employee of the | ||||||
14 | Office of
the Executive Inspector General may, during his or | ||||||
15 | her 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 |
| |||||||
| |||||||
1 | position authorized by
law that is filled by an appointing | ||||||
2 | authority as provided by law and does not
include employment by | ||||||
3 | hiring in the ordinary course of business.
| ||||||
4 | (e-1) No Executive Inspector General or employee of the | ||||||
5 | Office of the
Executive Inspector General may, for one year | ||||||
6 | after 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 | ||||||
12 | be waived by the
Executive Ethics Commission.
| ||||||
13 | (f) An Executive Inspector General may be removed only for | ||||||
14 | cause and may
be removed only by the appointing constitutional | ||||||
15 | officer. At the time of the
removal,
the appointing | ||||||
16 | constitutional officer must report to the Executive Ethics
| ||||||
17 | Commission 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, | ||||||
22 | each governmental
entity other than a community college | ||||||
23 | district, and each community college district within 6 months | ||||||
24 | after the effective date of this amendatory Act of the 95th | ||||||
25 | General Assembly, shall
adopt an ordinance or resolution that |
| |||||||
| |||||||
1 | regulates, in a manner no less
restrictive than Section 5-15 | ||||||
2 | and Article 10 of this
Act, (i) the political activities of | ||||||
3 | officers and employees of the
governmental entity
and (ii) the | ||||||
4 | soliciting and accepting of gifts by and the offering and | ||||||
5 | making
of gifts to
officers and employees of the governmental | ||||||
6 | entity.
| ||||||
7 | No later than 60 days after the effective date of this | ||||||
8 | amendatory Act of the 100th General Assembly, each governmental | ||||||
9 | unit shall adopt an ordinance or resolution establishing a | ||||||
10 | policy to prohibit sexual harassment. The policy shall include, | ||||||
11 | at a minimum: (i) a prohibition on sexual harassment; (ii) | ||||||
12 | details on how an individual can report an allegation of sexual | ||||||
13 | harassment, including options for making a confidential report | ||||||
14 | to a supervisor, ethics officer, Inspector General, or the | ||||||
15 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
16 | for reporting sexual harassment allegations, including | ||||||
17 | availability of whistleblower protections under this Act, the | ||||||
18 | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | ||||||
19 | the consequences of a violation of the prohibition on sexual | ||||||
20 | harassment and the consequences for knowingly making a false | ||||||
21 | report. Any policy to prohibit sexual harassment adopted by a | ||||||
22 | governmental entity under this subsection (a) shall be subject | ||||||
23 | to the jurisdiction of the Executive Ethics Commission and the | ||||||
24 | Executive Inspector General appointed by the Governor under | ||||||
25 | this Act regarding sexual harassment allegations made by an | ||||||
26 | elected official of a unit of local government against another |
| |||||||
| |||||||
1 | elected official of a unit of local government if the unit of | ||||||
2 | local government has not adopted a sexual harassment policy | ||||||
3 | that includes an Inspector General with jurisdiction.
| ||||||
4 | (b) Within 3 months after the effective date of this | ||||||
5 | amendatory Act of the
93rd General Assembly, the Attorney | ||||||
6 | General shall develop model ordinances
and resolutions for
the
| ||||||
7 | purpose of this Article. The Attorney General shall advise
| ||||||
8 | governmental
entities on their
contents and adoption.
| ||||||
9 | (c) As used in this Article, (i) an "officer" means an | ||||||
10 | elected or appointed
official; regardless of whether the | ||||||
11 | official is compensated,
and (ii) an "employee" means a | ||||||
12 | full-time, part-time, or contractual employee.
| ||||||
13 | (Source: P.A. 100-554, eff. 11-16-17.)
|