Bill Text: IL SB2488 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from any leadership position held by that person. Provides that if the charges are dropped or dismissed, or the member is acquitted of the crime, his or her leadership position shall not be automatically restored, but he or she shall once again be eligible to hold a leadership position. Provides that any person serving as a commissioner of the Legislative Ethics Commission shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from his or her position as a commissioner of the Commission. Provides that if the charges are dropped or dismissed, or the former commissioner is acquitted of the crime, his or her position as a commissioner shall not be automatically restored, but he or she shall once again be eligible to hold a position as a commissioner. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2488 Detail]

Download: Illinois-2019-SB2488-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2488

Introduced 1/22/2020, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:
5 ILCS 430/5-63 new
5 ILCS 430/25-5

Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from any leadership position held by that person. Provides that if the charges are dropped or dismissed, or the member is acquitted of the crime, his or her leadership position shall not be automatically restored, but he or she shall once again be eligible to hold a leadership position. Provides that any person serving as a commissioner of the Legislative Ethics Commission shall, upon being charged with a crime or the return of an indictment for a crime, be immediately removed from his or her position as a commissioner of the Commission. Provides that if the charges are dropped or dismissed, or the former commissioner is acquitted of the crime, his or her position as a commissioner shall not be automatically restored, but he or she shall once again be eligible to hold a position as a commissioner. Makes a conforming changes.
LRB101 15900 RJF 65257 b

A BILL FOR

SB2488LRB101 15900 RJF 65257 b
1 AN ACT concerning 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 Section 25-5 and by adding Section 5-63 as
6follows:
7 (5 ILCS 430/5-63 new)
8 Sec. 5-63. Removal from legislative leadership;
9Legislative Ethics Commission.
10 (a) Any member of the General Assembly shall, upon being
11charged with a crime or the return of an indictment for a
12crime, be immediately removed from any leadership position held
13by that person. If the charges are dropped or dismissed, or the
14member is acquitted of the crime, his or her leadership
15position shall not be automatically restored, but he or she
16shall once again be eligible to hold a leadership position.
17 (b) Any person serving as a commissioner of the Legislative
18Ethics Commission shall, upon being charged with a crime or the
19return of an indictment for a crime, be immediately removed
20from his or her position as a commissioner of the Commission,
21and that vacancy shall be filled as provided under Section
2225-5. If the charges are dropped or dismissed, or the former
23commissioner is acquitted of the crime, his or her position as

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1a commissioner shall not be automatically restored, but he or
2she shall once again be eligible to hold a position as a
3commissioner.
4 (5 ILCS 430/25-5)
5 Sec. 25-5. Legislative Ethics Commission.
6 (a) The Legislative Ethics Commission is created.
7 (b) The Legislative Ethics Commission shall consist of 8
8commissioners appointed 2 each by the President and Minority
9Leader of the Senate and the Speaker and Minority Leader of the
10House of Representatives.
11 The terms of the initial commissioners shall commence upon
12qualification. Each appointing authority shall designate one
13appointee who shall serve for a 2-year term running through
14June 30, 2005. Each appointing authority shall designate one
15appointee who shall serve for a 4-year term running through
16June 30, 2007. The initial appointments shall be made within 60
17days after the effective date of this Act.
18 After the initial terms, commissioners shall serve for
194-year terms commencing on July 1 of the year of appointment
20and running through June 30 of the fourth following year.
21Commissioners may be reappointed to one or more subsequent
22terms.
23 Vacancies occurring other than at the end of a term shall
24be filled by the appointing authority only for the balance of
25the term of the commissioner whose office is vacant.

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1 Terms shall run regardless of whether the position is
2filled.
3 (c) The appointing authorities shall appoint commissioners
4who have experience holding governmental office or employment
5and may appoint commissioners who are members of the General
6Assembly as well as commissioners from the general public. A
7commissioner who is a member of the General Assembly must
8recuse himself or herself from participating in any matter
9relating to any investigation or proceeding in which he or she
10is the subject or is a complainant. A person is not eligible to
11serve as a commissioner if that person (i) has been convicted
12of a felony or a crime of dishonesty or moral turpitude, (ii)
13is, or was within the preceding 12 months, engaged in
14activities that require registration under the Lobbyist
15Registration Act, (iii) is a relative of the appointing
16authority, (iv) is a State officer or employee other than a
17member of the General Assembly, or (v) is a candidate for
18statewide office, federal office, or judicial office.
19 (c-3) If a commissioner during his or her term of service
20is either charged with or indicted for a crime, he or she shall
21be immediately removed from his or her position as a
22commissioner as provided under subsection (b) of Section 5-63.
23 (c-5) If a commissioner is required to recuse himself or
24herself from participating in a matter as provided in
25subsection (c), the recusal shall create a temporary vacancy
26for the limited purpose of consideration of the matter for

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1which the commissioner recused himself or herself, and the
2appointing authority for the recusing commissioner shall make a
3temporary appointment to fill the vacancy for consideration of
4the matter for which the commissioner recused himself or
5herself.
6 (d) The Legislative Ethics Commission shall have
7jurisdiction over current and former members of the General
8Assembly regarding events occurring during a member's term of
9office and current and former State employees regarding events
10occurring during any period of employment where the State
11employee's ultimate jurisdictional authority is (i) a
12legislative leader, (ii) the Senate Operations Commission, or
13(iii) the Joint Committee on Legislative Support Services. The
14Legislative Ethics Commission shall have jurisdiction over
15complainants and respondents in violation of subsection (d) of
16Section 25-90. The jurisdiction of the Commission is limited to
17matters arising under this Act.
18 An officer or executive branch State employee serving on a
19legislative branch board or commission remains subject to the
20jurisdiction of the Executive Ethics Commission and is not
21subject to the jurisdiction of the Legislative Ethics
22Commission.
23 (e) The Legislative Ethics Commission must meet, either in
24person or by other technological means, monthly or as often as
25necessary. At the first meeting of the Legislative Ethics
26Commission, the commissioners shall choose from their number a

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1chairperson and other officers that they deem appropriate. The
2terms of officers shall be for 2 years commencing July 1 and
3running through June 30 of the second following year. Meetings
4shall be held at the call of the chairperson or any 3
5commissioners. Official action by the Commission shall require
6the affirmative vote of 5 commissioners, and a quorum shall
7consist of 5 commissioners. Commissioners shall receive no
8compensation but may be reimbursed for their reasonable
9expenses actually incurred in the performance of their duties.
10 (f) No commissioner, other than a commissioner who is a
11member of the General Assembly, or employee of the Legislative
12Ethics Commission may during his or her term of appointment or
13employment:
14 (1) become a candidate for any elective office;
15 (2) hold any other elected or appointed public office
16 except for appointments on governmental advisory boards or
17 study commissions or as otherwise expressly authorized by
18 law;
19 (3) be actively involved in the affairs of any
20 political party or political organization; or
21 (4) advocate for the appointment of another person to
22 an appointed or elected office or position or actively
23 participate in any campaign for any elective office.
24 (f-5) No commissioner who is a member of the General
25Assembly may be a candidate for statewide office, federal
26office, or judicial office. If a commissioner who is a member

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1of the General Assembly files petitions to be a candidate for a
2statewide office, federal office, or judicial office, he or she
3shall be deemed to have resigned from his or her position as a
4commissioner on the date his or her name is certified for the
5ballot by the State Board of Elections or local election
6authority and his or her position as a commissioner shall be
7deemed vacant. Such person may not be reappointed to the
8Commission during any time he or she is a candidate for
9statewide office, federal office, or judicial office.
10 (g) An appointing authority may remove a commissioner only
11for cause.
12 (h) The Legislative Ethics Commission shall appoint an
13Executive Director subject to the approval of at least 3 of the
144 legislative leaders. The compensation of the Executive
15Director shall be as determined by the Commission. The
16Executive Director of the Legislative Ethics Commission may
17employ, subject to the approval of at least 3 of the 4
18legislative leaders, and determine the compensation of staff,
19as appropriations permit.
20 (i) In consultation with the Legislative Inspector
21General, the Legislative Ethics Commission may develop
22comprehensive training for members and employees under its
23jurisdiction that includes, but is not limited to, sexual
24harassment, employment discrimination, and workplace civility.
25The training may be recommended to the ultimate jurisdictional
26authorities and may be approved by the Commission to satisfy

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1the sexual harassment training required under Section 5-10.5 or
2be provided in addition to the annual sexual harassment
3training required under Section 5-10.5. The Commission may seek
4input from governmental agencies or private entities for
5guidance in developing such training.
6(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
7101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
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