Bill Text: IL SB3775 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act to provide that the definition of "state employee" does not include a faculty member of a public institution of higher learning. Amends the University of Illinois Hospital Act to repeal a Section concerning patient notice of observation status. Repeals the Illinois Health Policy Center Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3775 Detail]

Download: Illinois-2019-SB3775-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3775

Introduced 2/14/2020, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:
5 ILCS 430/1-5
110 ILCS 330/8a rep.
110 ILCS 430/Act rep.

Amends the State Officials and Employees Ethics Act to provide that the definition of "state employee" does not include a faculty member of a public institution of higher learning. Amends the University of Illinois Hospital Act to repeal a Section concerning patient notice of observation status. Repeals the Illinois Health Policy Center Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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

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

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

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

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

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

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

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

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

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1 on Legislative Support Services.
2 (5) For State employees of the Auditor General, the
3 Auditor General.
4 (6) For State employees of public institutions of
5 higher learning as defined in Section 2 of the Higher
6 Education Cooperation Act (except community colleges), the
7 board of trustees of the appropriate public institution of
8 higher learning.
9 (7) For State employees of an executive branch
10 constitutional officer other than those described in
11 paragraph (6), the appropriate executive branch
12 constitutional officer.
13 (8) For State employees not under the jurisdiction of
14 paragraph (1), (2), (3), (4), (5), (6), or (7), the
15 Governor.
16 (9) For employees of Regional Transit Boards, the
17 appropriate Regional Transit Board.
18 (10) For board members of Regional Transit Boards, the
19 Governor.
20(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528,
21eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
22 (110 ILCS 330/8a rep.)
23 Section 10. The University of Illinois Hospital Act is
24amended by repealing Section 8a.

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1 (110 ILCS 430/Act rep.)
2 Section 15. The Illinois Health Policy Center Act is
3repealed.
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