093_HB3412avm001
LRB093 10270 JAM 18900 v
MOTION
I move to accept the specific recommendations of the
Governor as to House Bill 3412 in manner and form as follows:
AMENDMENT TO HOUSE BILL 3412
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 3412 as follows:
on page 2, after line 2, by inserting the following:
""Commission" means an ethics commission created by this
Act."; and
on page 2, after line 22, by inserting the following:
""Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food, and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member,
or officer."; and
on page 5, after line 6, by inserting the following:
""Prohibited Source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the
employee or by the member, officer, State agency, or
other employee directing the employee;
(2) does business or seeks to do business (i) with
the member or officer or (ii) in the case of an employee,
with the employee or with the member, officer, State
agency, or other employee directing the employee;
(3) conducts activities regulated (i) by the member
or officer or (ii) in the case of an employee, by the
employee or by the member, officer, State agency, or
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other employee directing the employee;
(4) has interests that may be substantially
affected by the performance or non-performance of the
official duties of the member, officer, or employee; or
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because
a lobbyist is one of its members or serves on its board
of directors."; and
on page 7, by replacing line 21 with the following:
"(b) The policies required under subsection (a), (i) for
each executive branch constitutional office shall be filed
with the Executive Ethics Commission and (ii) for the
legislative branch shall be filed with the ultimate
jurisdictional authority.
(c) The policies required under subsection (a) shall";
and
on page 8, by replacing lines 8 through 11 with the
following:
"program conducted by the appropriate State agency. Each
ultimate jurisdictional authority must implement an
ethics-training program for its officers and employees. These
training programs shall be overseen (i) in the executive
branch, by the Executive Inspector General and (ii) in the
legislative branch, by the ultimate jurisdictional
authority. Standards and the hours and frequency of training
necessary for each position or category of positions shall be
determined (i) in the executive branch, by the Executive
Inspector General and (ii) in the legislative branch, by the
ultimate jurisdictional authority. A person who fills a
vacancy in an"; and
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by replacing line 28 on page 9 through line 4 on page 10 with
the following:
"(a) No public service announcement or advertisement
that is on behalf of any State administered program, is paid
for by public dollars, and contains the proper name, image,
or voice of any executive branch constitutional officer or
member of the General Assembly shall be broadcast or aired on
radio or television or printed in a commercial newspaper or a
commercial magazine at any time."; and
on page 11, by replacing line 30 with the following:
"(a) No former official, appointee, member, or State
employee, or spouse or immediate family member living with
the employee, shall, within a period of one"; and
on page 12, line 1, after "if the", by inserting "official,
appointee, member, or State"; and
on page 12, by replacing lines 3 through 6 with the
following:
"participated personally and substantially in the subject
matter of a transaction between the employer, or its parent
or subsidiary, and the State during his or her term of office
or employment.
(b) The requirements of this Section may be waived (i)
for the executive branch, by the Executive Ethics Commission
and (ii) for the legislative branch, by"; and
on page 12, line 9, after "authority", by inserting "or the
Executive Ethics Commission"; and
on page 12, after line 15, by inserting the following:
"ARTICLE 10
GIFT BAN
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Section 10-10. Gift ban. Except as otherwise provided
in this Article, no member, officer, or employee shall
intentionally solicit or accept any gift from any prohibited
source or in violation of any federal or State statute, rule,
or regulation. This ban applies to and includes the spouse
of and immediate family living with the member, officer, or
employee. No prohibited source shall intentionally offer or
make a gift that violates this Section.
Section 10-15. Gift ban; exceptions. The restriction in
Section 10-10 does not apply to the following:
(1) Opportunities, benefits, and services that are
available on the same conditions as for the general public.
(2) A contribution that is lawfully made under the
Election Code or under this Act or attendance at a
fundraising event sponsored by a political organization.
(3) A contribution or other payments to a legal defense
fund established for the benefit of a member, officer, or
employee that is otherwise lawfully made.
(4) Educational materials and missions, subject to (i)
for the executive branch, the rules adopted by the Executive
Ethics Commission; (ii) for the legislative branch, the rules
adopted by the ultimate jurisdictional authorities; (iii) for
the Office of the Auditor General, the rules adopted by the
Auditor General.
(5) Travel expenses for a meeting to discuss State
business, subject to (i) for the executive branch, the rules
adopted by the Executive Ethics Commission; (ii) for the
legislative branch, the rules adopted by the ultimate
jurisdictional authorities; (iii) for the Office of the
Auditor General, the rules adopted by the Auditor General.
(6) A gift from a relative, meaning those people related
to the individual as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
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nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, and including the
father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(7) Anything provided by an individual on the basis of a
personal friendship unless the member, officer, or employee
has reason to believe that, under the circumstances, the gift
was provided because of the official position or employment
of the member, officer, or employee and not because of the
personal friendship.
In determining whether a gift is provided on the basis of
personal friendship, the member, officer, or employee shall
consider the circumstances under which the gift was offered,
such as:
(i) the history of the relationship between the
individual giving the gift and the recipient of the gift,
including any previous exchange of gifts between those
individuals;
(ii) whether to the actual knowledge of the member,
officer, or employee the individual who gave the gift
personally paid for the gift or sought a tax deduction or
business reimbursement for the gift; and
(iii) whether to the actual knowledge of the
member, officer, or employee the individual who gave the
gift also at the same time gave the same or similar gifts
to other members, officers, or employees.
(8) Food or refreshments not exceeding $75 per person in
value on a single calendar day; provided that the food or
refreshments are (i) consumed on the premises from which they
were purchased or prepared or (ii) catered. For the purposes
of this Section, "catered means food or refreshments that are
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purchased ready to eat and delivered by any means.
(9) Intra-governmental or inter-governmental gifts. For
the purpose of this Act, "intra-governmental gift" means any
gift given to a member, officer, or employee of a State
agency from another member, officer, or employee of the same
State agency; and "inter-governmental gift" means any gift
given to a member, officer, or employee of a State agency, by
a member, officer, or employee of another State agency, of a
federal agency, or of any governmental agency.
(10) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(11) Bequests, inheritances, and other transfers at
death.
(12) Unsolicited offer of free attendance at a charity
event. To be considered a charity event, the primary purpose
of the event must be to raise funds for a non-profit
organization exempt from federal income taxation under
501(c)(3) of the Internal Revenue Code.
(13) Any item or items from any one prohibited source
during any calendar year having a cumulative total value of
less than $100.
Each of the exceptions listed in this Section is mutually
exclusive and independent of one another.
Section 10-30. Gift ban; disposition of gifts. A
member, officer, or employee does not violate this Act if the
member, officer, or employee promptly takes reasonable action
to return the prohibited gift to its source or gives the gift
or an amount equal to its value to an appropriate charity
that is exempt from income taxation under Section 501(c)(3)
of the Internal Revenue Code of 1986, as now or hereafter
amended, renumbered, or succeeded.
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Section 10-40. Gift ban; further restrictions. A State
agency may adopt or maintain policies that are more
restrictive than those set forth in this Article and may
continue to follow any existing policies, statutes, or
regulations that are more restrictive or are in addition to
those set forth in this Article."; and
on page 13, line 5, after "member,", by inserting "other
State employee,"; and
on page 13, line 25, after "demonstrated", by inserting "by
clear and convincing evidence"; and
on page 14, by replacing lines 7 through 9 with the
following:
"(3) interest on the back pay;
(4) the reinstatement of full fringe benefits and
seniority rights; and
(5) the payment of reasonable costs and attorneys'
fees."; and
on page 14, after line 14, by inserting the following:
"Section 15-40. Posting. All officers, members, and
State agencies shall conspicuously display notices of State
employee protections under this Act.
ARTICLE 20
EXECUTIVE ETHICS COMMISSION AND
EXECUTIVE INSPECTOR GENERAL
Section 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 7
commissioners. The executive branch constitutional officers
shall appoint the Executive Ethics Commission through a
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nomination process. The initial Executive Ethics Commission
shall be appointed from a pool of nominees created in the
following manner: the Governor, the Attorney General, the
Secretary of State, the Comptroller, and the Treasurer shall
each nominate 2 candidates from their own political party and
2 from a different political party, for a total of 20
candidates. The initial nominations shall be made within 60
days after the effective date of this Act. From this pool,
the Governor shall appoint 4 commissioners within 30 days
after receiving nominations from the executive branch
constitutional officer. From the same pool, the highest
ranking executive branch constitutional officer of a
differing political party than the Governor shall appoint 3
commissioners within 30 days after receiving nominations from
the executive branch constitutional officers. If there is
not an executive branch constitutional officer of a differing
party than the Governor at the time of appointment, the
highest ranking Senate member of a differing party than the
Governor shall appoint the 3 commissioners. These 7
commissioners shall be confirmed by the advice and consent of
the Senate. No more than 4 commissioners shall be from the
same political party.
The terms of the initial commissioners shall commence on
July 1, 2003. The following initial appointees, as
designated by the Governor, shall serve for 2-year terms
running through June 30, 2005: one appointment by the
Governor and one appointment by the highest ranking executive
branch constitutional officer of a differing political party
than the Governor. The following initial appointees, as
designated by the Governor, shall serve for 3-year terms
running through June 30, 2006: one appointment by the
Governor and one appointment by the highest ranking executive
branch constitutional officer of a differing political party
than the Governor. The following initial appointees, as
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designated by the Governor, shall serve for 4-year terms
running through June 30, 2007: one appointment by the
Governor, and one appointment by the highest ranking
executive branch constitutional officer of a differing
political party than the Governor. The following initial
appointee, as designated by the Governor, shall serve for a
5-year term through June 30, 2008: one appointment by the
Governor.
After the initial terms, commissioners shall serve for
5-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fifth following year. For
the appointment of commissioners after the initial terms, the
commissioners shall be appointed from a pool of nominees
created in the following manner: for the years where 2
commissioner positions are to be appointed, the Governor, the
Attorney General, the Secretary of State, the Comptroller,
and the Treasurer shall each nominate 2 candidates from their
own political party and 2 from a differing political party,
for a total pool of 20 candidates. The nominees shall be
submitted by May 30 of the fifth year of the term that is
ending. From this pool, the Governor shall appoint one
commissioner and the highest ranking executive branch
constitutional officer of a differing party shall appoint one
commissioner each for a 5-year term. If there is not an
executive branch constitutional officer of a differing party
than the Governor at the time of appointment, the
highest-ranking Senate member of a differing party than the
Governor shall make the appointment. The appointments shall
be made within 30 days after receiving the nominations from
the executive branch constitutional officers.
For the years where one commissioner position is to be
appointed, the Governor, the Attorney General, the Secretary
of State, the Comptroller, and the Treasurer shall each
nominate one candidate from their own political party and one
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from a differing political party, for a total pool of 8
candidates. The nominees shall be submitted by May 30 of the
fifth year of the term that is ending. From this pool, the
Governor shall select one commissioner for a 5-year term.
The Governor shall make the appointment within 30 days after
receiving the nominations from the executive branch
constitutional officers.
A vacancy occurring other than at the end of a term shall
be filled by the Governor only for the balance of the term of
the commissioner whose office is vacant. The Governor shall
select the commissioner from the original pool of nominees
for that commissioner office. The Governor shall select a
new commissioner within 30 days after the occurrence of the
vacancy.
All appointments to the Executive Ethics Commission shall
be confirmed by the advice and consent of the Senate. If the
Senate is not in session at the time an appointment of a
commissioner is made, the appointment shall be temporary
until the Senate can act upon the appointment. If the Senate
does not act upon the appointment within 60 session days
after the receipt thereof, then the appointment shall be
deemed to have received the advice and consent of the Senate.
Terms shall run regardless of whether the position is
filled.
(c) Only commissioners who have experience holding
governmental office or employment and who are from the
general public shall be appointed. A person is not eligible
to serve as a commissioner if that person (i) has been
convicted of a felony or a crime of dishonesty or moral
turpitude, (ii) is, or was within the preceding 12 months,
engaged in activities that require registration under the
Lobbyist Registration Act, or (iii) is a State officer or
employee.
(d) The Executive Ethics Commission shall have
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jurisdiction over all officers and employees of State
agencies, other than the General Assembly, the Senate, the
House of Representatives, the President and Minority Leader
of the Senate, the Speaker and Minority Leader of the House
of Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The jurisdiction of the Commission is
limited to matters arising under this Act.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and
as often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officer that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive no compensation, but may be
reimbursed for their reasonable expenses actually incurred in
the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
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(g) An appointing authority may remove a commissioner
only for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive
Director shall be as determined by the Commission or by the
Compensation Review Board, whichever amount is higher. The
Executive Director of the Executive Ethics Commission may
employ and determine the compensation of staff, as
appropriations permit.
Section 20-10. Office of Executive Inspector General.
(a) The Office of the Executive Inspector General is
created. The Office shall be under the direction and
supervision of the Executive Inspector General.
(b) The Executive Ethics Commission shall appoint the
Executive Inspector General through a nomination process.
The Executive Ethics Commission shall nominate 5 candidates
for the Executive Inspector General. From this pool of 5
candidates, the Governor shall appoint the Executive
Inspector General, without regard to political affiliation
and solely on the basis of integrity and demonstrated
ability.
The Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has either (A) 5 or more years of service with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) 5 or more years of service as
a federal, State, or local prosecutor; or (C) 5 or more
years of service as a senior manager or executive of a
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federal, State, or local agency.
The term of the initial Executive Inspector General shall
commence on July 1, 2003 and shall run through June 30, 2008.
The Executive Ethics Commission shall submit the initial 5
candidates for the Executive Inspector General to the
Governor within 30 days after the appointment of the initial
Executive Ethics Commission. The Governor shall appoint the
Executive Inspector General within 30 days after receiving
the 5 candidates from the Executive Ethics Commission. The
appointment of the Executive Inspector General shall be
confirmed by the advice and consent of the Senate.
After the initial term, the Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Executive Ethics Commission shall submit
5 candidates for the Executive Inspector General to the
Governor by May 30 of the fifth following year of the term.
The Governor shall appoint the Executive Inspector General
within 30 days after receiving the 5 candidates from the
Executive Ethics Commission. The appointment of the
Executive Inspector General shall be confirmed by the advice
and consent of the Senate. The Executive Inspector General
may be reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the Governor only for the balance of the term of
the Executive Inspector General whose office is vacant. The
Executive Ethics Commission shall submit 5 candidates for the
vacancy of the Executive Inspector General to the Governor
within 30 days of the vacancy. The Governor shall fill the
vacancy within 30 days after receiving the 5 candidates from
the Executive Ethics Commission. The appointment of the
Executive Inspector General shall be confirmed by the advice
and consent of the Senate.
If the Senate is not in session at the time an Executive
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Inspector General is appointed by the Governor, the
appointment shall be temporary until the Senate can act upon
the appointment. If the Senate does not act upon the
appointment within 60 session days after the receipt thereof,
then the appointment shall be deemed to have received the
advice and consent of the Senate.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General shall have
jurisdiction over all officers and employees of State
agencies, other than the General Assembly, the Senate, the
House of Representatives, the President and Minority Leader
of the Senate, the Speaker and Minority Leader of the House
of Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The jurisdiction of the Executive Inspector
General is to investigate possible fraud, abuse, misconduct,
mismanagement of functions, misfeasance, malfeasance or
violations of this Act or other related law, rules and
regulations.
(d) The Executive Ethics Commission shall determine the
compensation of the Executive Inspector General. The
Executive Inspector General has full authority to organize
the Office of the Executive Inspector General, including the
employment and determination of the compensation of staff,
such as deputies, assistants, and other employees, as
appropriations permit.
(e) Neither the Executive Inspector General nor an
employee of the Office of the Executive Inspector General
may, during his or her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public
office except for appointments on governmental advisory
boards or study commissions or as otherwise expressly
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authorized by law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for an
elective office.
(f) The Executive Ethics Commission may remove the
Executive Inspector General only for cause.
Section 20-15. Duties of the Executive Ethics
Commission. In addition to duties otherwise assigned by
law, the Executive Ethics Commission shall have the following
duties:
(1) To promulgate rules governing the performance of its
duties and the exercise of its powers.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by the Executive Inspector General and not
upon its own prerogative. Any other allegations of
misconduct received by the Commission from a person other
than an Executive Inspector General shall be referred to the
Office of the Executive Inspector General.
(3) To prepare and publish manuals and guides.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(5) To submit reports as required by this Act.
(6) To make rulings, issue recommendations, and impose
administrative fines, if appropriate, in connection with the
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters clearly
within the purview of this Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
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the attendance of witnesses for purposes of testimony and the
production of documents and other items for inspection and
copying.
Section 20-20. Duties of the Executive Inspector
General. In addition to the duties otherwise assigned by
law, the Executive Inspector General shall have the following
duties:
(1) To promulgate rules governing the performance of its
duties and the exercise of its power.
(2) To receive and investigate allegations of violations
of this Act. The Executive Inspector General may receive
information through the Office of the Executive Inspector
General, through the Executive Ethics Commission, or through
the Ethics Hotline. An investigation may be conducted only
in response to information reported to the Executive
Inspector General as provided in this Section and not upon
his or her own prerogative. The Executive Inspector General
shall have the discretion to determine the appropriate means
of investigation as permitted by law.
(3) To request information relating to an investigation
from any person when the Executive Inspector General deems
that information necessary in conducting an investigation.
(4) To appoint investigators to conduct investigations
and other duties imposed under the provisions of this
Article. Such investigators shall have and may exercise all
the powers of peace officers.
(5) To issue subpoenas to compel the appearance of
witnesses and the production of books, papers, records and
documents including electronic data, administer oaths or
affirmations and take testimony.
(6) To submit reports as required by this Act.
(7) After finding probable cause, to file pleadings in
the name of the Executive Inspector General, represented by
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the Attorney General, with the Executive Ethics Commission,
as provided in this Article.
(8) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(9) To oversee and set standards, in consultation with
the Attorney General, for the ethics training programs within
the State agencies of the Executive Branch.
(10) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(11) To request, as the Executive Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on (i)
the content of a State agency's ethics training programs and
(ii) the percentage of new officers and employees who have
completed ethics training.
Section 20-23. Ethics Officers. Each officer and the
head of each State agency under the jurisdiction of the
Executive Ethics Commission shall designate an Ethics Officer
for the office or State agency. Ethics Officers shall:
(1) act as liaisons between the State agency and the
Executive Inspector General and between the State agency and
the Executive Ethics Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and contract
monitors before they are filed with the Secretary of State;
and
(3) provide guidance to officers and employees in the
interpretation and implementation of this Act. Such
guidance shall be based, wherever possible, upon the findings
and opinions of the Executive Ethics Commission.
Section 20-25. Executive Ethics Hotline. The Executive
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Inspector General shall create and maintain a toll-free
Ethics Hotline for the purpose of receiving reports of
allegations relating to conduct subject to the jurisdiction
of the Executive Inspector General and the Executive Ethics
Commission.
Section 20-35. Administrative subpoena; compliance. A
person duly subpoenaed for testimony, documents, or other
items who neglects or refuses to testify or produce documents
or other items under the requirements of the subpoena shall
be subject to punishment as may be determined by a court of
competent jurisdiction, unless (i) the testimony, documents,
or other items are covered by the attorney-client privilege
or any other privilege or right recognized by law or (ii) the
testimony, documents, or other items concern the
representation of employees and the negotiation of collective
bargaining agreements by a labor organization authorized and
recognized under the Illinois Public Labor Relations Act to
be the exclusive bargaining representative of employees of
the State agency. Nothing in this Section limits a person's
right to protection against self-incrimination under the
Fifth Amendment of the United States Constitution or Article
I, Section 10 of the Constitution of the State of Illinois.
Section 20-40. Collective bargaining agreements. Any
investigation or inquiry by the Executive Inspector General
or any agent or representative of the Executive Inspector
General must be conducted in compliance with the provisions
of a collective bargaining agreement that applies to the
employees of the relevant State agency and with an awareness
of the rights of the employees as set forth by State and
federal law and applicable judicial decisions. Any
recommendation for discipline or any action taken against any
State employee pursuant to this Act must comply with the
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provision of the collective bargaining agreement that applies
to the State employee.
Section 20-45. Standing; representation.
(a) Only the Executive Inspector General may bring
actions before the Executive Ethics Commission.
(b) The Attorney General shall represent the Executive
Inspector General in all proceedings before the Commission,
except that the Attorney General shall appoint special
counsel to represent the Executive Inspector General before
the Commission if the Attorney General deems it necessary to
avoid any actual, potential, or perceived conflict of
interest.
(c) Any State employee or officer named as a respondent
in a complaint is entitled to reimbursement of his or her
reasonable attorney's fees and expenses in defending against
the complaint if that respondent is not found by the
Commission to have violated this Act.
Section 20-50. Investigation reports; complaint
procedure.
(a) If the Executive Inspector General, upon the
conclusion of an investigation, determines that probable
cause exists to file pleadings with the Executive Ethics
Commission, then the Executive Inspector General shall issue
a summary report of the investigation. The report shall be
delivered to the appropriate ultimate jurisdictional
authority and to the head of each State agency affected by or
involved in the investigation, if appropriate.
(b) The summary report of the investigation shall
include the following:
(1) A description of any allegations or other
information received by the Executive Inspector General
pertinent to the investigation.
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(2) A description of any alleged misconduct
discovered in the course of the investigation.
(3) Recommendations for any corrective or
disciplinary action to be taken in response to any
alleged misconduct described in the report, including but
not limited to discharge.
(4) Other information the Executive Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Not less than 30 days after delivery of the summary
report of an investigation under subsection (a), the
Executive Inspector General, represented by the Attorney
General, may file with the Executive Ethics Commission a
petition for leave to file a complaint. The petition shall
set forth the alleged violation and the grounds that exist to
support probable cause. The petition of leave to file a
complaint must be filed with the Commission within 18 months
after an alleged violation of this Act.
(d) A copy of the petition must be served on all
respondents named in the complaint and on each respondent's
ultimate jurisdictional authority in the same manner as
process is served under the Code of Civil Procedure.
(e) A respondent may file objections to the petition for
leave to file a complaint within 30 days after notice of the
petition has been served on the respondent.
(f) The Commission shall meet, either in person or by
telephone, in a closed session to review the sufficiency of
the complaint. If the commission finds that complaint is
sufficient, the Commission shall grant the petition for leave
to file the complaint. The Commission shall issue notice to
the Executive Inspector General and all respondents of the
Commission's ruling on the sufficiency of the complaint. If
the complaint is deemed to sufficiently allege a violation of
this Act, then the Commission shall notify the parties and
-21- LRB093 10270 JAM 18900 v
shall include a hearing date scheduled within 4 weeks after
the date of the notice, unless all of the parties consent to
a later date. If the complaint is deemed not to sufficiently
allege a violation, then the Commission shall send by
certified mail, return receipt requested, a notice to the
parties of the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
hearing either in person or, if the parties consent, by other
technological means, on the complaint and allow all parties
the opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Executive Ethics Commission, the Commission shall (i) dismiss
the complaint or (ii) issue a recommendation of discipline to
the respondent and the respondent's ultimate jurisdictional
authority or impose an administrative fine upon the
respondent, or both.
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated
by the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the
standard of proof is by a preponderance of the evidence.
Section 20-55. Decisions; recommendations.
(a) All decisions of the Executive Ethics Commission
must include a description of the alleged misconduct, the
decision of the Commission, including any fines levied and
any recommendation of discipline, and the reasoning for that
decision. All decisions of the Commission shall be delivered
to the head of the appropriate State agency, the appropriate
ultimate jurisdictional authority, and the Executive
Inspector General. The Executive Ethics Commission shall
-22- LRB093 10270 JAM 18900 v
promulgate rules of the decision and recommendation process.
(b) If the Executive Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Executive Ethics
Commission. This response must include any disciplinary
action the agency head or ultimate jurisdictional authority
has taken with respect to the officer or employee in
question. If the agency head or ultimate jurisdictional
authority did not take any disciplinary action, or took a
different disciplinary action than that recommended by the
Executive Ethics Commission, the agency head or ultimate
jurisdictional authority must describe the different action
and explain the reasons for the different action in the
written response. This response must be served upon the
Executive Ethics Commission and the Executive Inspector
General within the 30-day period and is not exempt from the
provisions of the Freedom of Information Act.
Section 20-60. Appeals. A decision of the Executive
Ethics Commission to impose a fine is subject to judicial
review under the Administrative Review Law. All other
decisions by the Executive Ethics Commission are final and
are not subject to review either administratively or
judicially.
Section 20-65. Investigations not concluded within 6
months. If any investigation is not concluded within 6
months after its initiation, the Executive Inspector General
shall notify the Executive Ethics Commission of the general
nature of the allegation or information giving rise to the
investigation and the reasons for failure to complete the
investigation within 6 months.
-23- LRB093 10270 JAM 18900 v
Section 20-70. Cooperation in investigations. It is the
duty of every officer and employee under the jurisdiction of
the Executive Inspector General, including any inspector
general serving in any State agency under the jurisdiction of
the Executive Inspector General, to cooperate with the
Executive Inspector General in any investigation undertaken
pursuant to this Act. Failure to cooperate with an
investigation of the Executive Inspector General is grounds
for disciplinary action, including dismissal, unless the
failure is based on (i) the attorney-client privilege or any
other privilege or right recognized by law or (ii) a
collective bargaining agreement with a labor organization
authorized and recognized under the Illinois Public Labor
Relations Act to be the exclusive bargaining representative
of affected employees.
Nothing in this Section limits a person's right to
protection against self-incrimination under the Fifth
Amendment of the United State Constitution or Article I,
Section 10 of the Constitution of Illinois.
Section 20-80. Referrals of investigations. If the
Executive Inspector General determines that any alleged
misconduct involves any person not subject to the
jurisdiction of the Executive Ethics Commission, the
Executive Inspector General shall refer the reported
allegations to the appropriate Inspector General, appropriate
ethics commission, or other appropriate body. If the
Executive Inspector General determined that any alleged
misconduct may give rise to criminal penalties, the Executive
Inspector General shall refer the allegations regarding that
misconduct to the appropriate law enforcement authority.
Section 20-85. Annual reports. The Executive Inspector
General shall submit an annual report to the executive branch
-24- LRB093 10270 JAM 18900 v
constitutional officers and the Executive Ethics Commission,
on a date determined by the Executive Ethics Commission,
indicating:
(1) the number of allegations received since the
date of the last report;
(2) the number of investigations initiated since
the date of the last report;
(3) the number of investigations concluded since
the date of the last report;
(4) the number of investigations pending as of the
reporting date; and
(5) the number of actions filed since the last
report and the number of actions pending before the
Commission as of the reporting date.
Section 20-90. Confidentiality.
(a) The identity of any individual providing information
or reporting any possible or alleged misconduct to the
Executive Inspector General, the Executive Ethics Commission,
or the Executive Ethics Hotline shall be kept confidential,
is exempt from the Illinois Freedom of Information Act, and
may not be disclosed without the consent of that individual,
unless the individual consents to disclosure of his or her
name or disclosure of the individual's identity is otherwise
required by law. The confidentiality granted by this
subsection does not preclude the disclosure of the identity
of a person in any capacity other than as the source of an
allegation.
(b) Commissioners, employees, and agents of the
Executive Ethics Commission, the Executive Inspector General,
and employees and agents of the Office of the Executive
Inspector General shall keep confidential and shall not
disclose information exempted from disclosure under the
Illinois Freedom of Information Act or by this Act.
-25- LRB093 10270 JAM 18900 v
(c) A violation of subsection (a) or (b) of this Section
is grounds for discharge.
Section 20-95. Exemptions.
(a) Any allegations and related documents submitted to
the Executive Inspector General and any pleadings and related
documents brought before the Executive Ethics Commission are
exempt from the provisions of the Illinois Freedom of
Information Act so long as the Executive Ethics Commission
does not make a finding of a violation of this Act. If the
Executive Ethics Commission finds that a violation has
occurred, the entire record of proceedings before the
Commission, the decision and recommendation, and the
mandatory report from the agency head or ultimate
jurisdictional authority to the Executive Ethics Commission
are not exempt from the provisions of the Illinois Freedom of
Information Act but information contained therein that is
otherwise exempt from the Illinois Freedom of Information Act
must be redacted before disclosure as provided in Section 8
of the Illinois Freedom of Information Act.
(b) Meetings of the Executive Ethics Commission under
Sections 20-5 and 20-15 of this Act are exempt from the
provisions of the Open Meetings Act.
(c) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of the
Executive Inspector General, other than annual reports, are
confidential, are exempt from disclosure under the Illinois
Freedom of Information Act, and shall not be divulged to any
person or agency, except as necessary (i) to the appropriate
law enforcement authority if the matter is referred pursuant
to this Act, (ii) to the ultimate jurisdictional authority,
or (iii) to the Executive Ethics Commission.
ARTICLE 30
-26- LRB093 10270 JAM 18900 v
OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH
Section 30-5. Appointment of Inspectors General.
Nothing in this Act precludes the appointment by the
Governor, the Lieutenant Governor, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer of any
inspector general required or permitted by law. Each
inspector general appointed by an executive branch
constitutional officer for that constitutional office shall
report to that constitutional officer as well as the
Executive Inspector General.
Section 30-10. Subpoena power. Each inspector general
appointed by an executive branch constitutional officer for
that constitutional office shall have the power to issue
subpoenas to compel the appearance of witnesses and the
production of books, papers, records, and documents including
electronic data, administer oaths or affirmations and take
testimony."; and
on page 14, by replacing line 24 with the following:
"(c) A person who intentionally violates any provision
of Article 10 is guilty of a business offense and subject to
a fine of at least $1,001 and up to $5,000.
(d) Any person who intentionally makes a false report
alleging a violation of any provision of this Act to an
ethics commission, the Executive Inspector General, an
inspector general, the State Police, a State's Attorney, the
Attorney General, or any other law enforcement official is
guilty of a Class A misdemeanor.
(e) The Executive Ethics Commission may levy an
administrative fine of up to $5,000 against any person who
violates this Act, who intentionally obstructs or interferes
with an investigation conducted under this Act by the
Executive Inspector General or an inspector general, or who
-27- LRB093 10270 JAM 18900 v
intentionally makes a false or frivolous allegation of a
violation of this Act.
(f) In addition to any other penalty that may apply,";
and
on page 14 , line 27, after "5-40 or", by inserting "Article
10 or"; and
on page 15, by replacing lines 6 and 7 with the following:
"than Section 5-15 and Article 10 of this Act, (i) the
political activities of officers and employees of the
governmental entity and (ii) the soliciting and accepting of
gifts by and the offering and making of gifts to officers and
employees of the governmental entity."; and
on page 15, line 23, after "employees", by inserting "and the
soliciting, offering, accepting, and making of gifts"; and
on page 15, after line 26, by inserting the following:
"Section 90-1. The Open Meetings Act is amended by
changing Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum
of the members of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported
in whole or in part by tax revenue, or which expend tax
-28- LRB093 10270 JAM 18900 v
revenue, except the General Assembly and committees or
commissions thereof. "Public body" includes tourism boards
and convention or civic center boards located in counties
that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body"
includes the Health Facilities Planning Board. "Public body"
does not include a child death review team or the Illinois
Child Death Review Teams Executive Council established under
the Child Death Review Team Act or an ethics commission,
ethics officer, or ultimate jurisdictional authority acting
under the State Officials and Employees Ethics Act State Gift
Ban Act as provided by Section 80 of that Act.
(Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)";
and
on page 16, by replacing line 9 with the following:
"administrative law judge, other agency employee, or an
employee of the Joint Committee during the"; and
on page 16, by replacing line 27 with the following:
"head, agency employee, administrative law judge, or an
employee of the Joint Committee shall be"; and
on page 16, after line 34, by inserting the following:
"Section 90-5. The Illinois Public Labor Relations Act
is amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
-29- LRB093 10270 JAM 18900 v
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
-30- LRB093 10270 JAM 18900 v
exclusive representative by a majority of the employees in an
appropriate bargaining unit; or (iv) recognized as the
exclusive representative of personal care attendants or
personal assistants under Executive Order 2003-8 prior to the
effective date of this amendatory Act of the 93rd General
Assembly, and the organization shall be considered to be the
exclusive representative of the personal care attendants or
personal assistants as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
-31- LRB093 10270 JAM 18900 v
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services,
and the Director of the Department of Labor; the county board
in the case of a county; the corporate authorities in the
-32- LRB093 10270 JAM 18900 v
case of a municipality; and the appropriate body authorized
to provide for expenditures of its funds in the case of any
other unit of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
-33- LRB093 10270 JAM 18900 v
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals and, as
of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal care attendants
and personal assistants working under the Home Services
Program under Section 3 of the Disabled Persons
Rehabilitation Act, subject to the limitations set forth in
this Act and in the Disabled Persons Rehabilitation Act, but
excluding all of the following: employees of the General
-34- LRB093 10270 JAM 18900 v
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspector General; employees of
the Office of the Executive Inspector General; commissioners
and employees of the Executive Ethics Commission; employees
of any agency, board or commission created by this Act;
employees appointed to State positions of a temporary or
emergency nature; all employees of school districts and
higher education institutions except firefighters and peace
officers employed by a state university; managerial
employees; short-term employees; confidential employees;
independent contractors; and supervisors except as provided
in this Act.
Personal care attendants and personal assistants shall
not be considered public employees for any purposes not
specifically provided for in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by
the State Employees Group Insurance Act of 1971 (5 ILCS
375/).
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. As of the effective date of this amendatory Act of
-35- LRB093 10270 JAM 18900 v
the 93rd General Assembly, but not before, the State of
Illinois shall be considered the employer of the personal
care attendants and personal assistants working under the
Home Services Program under Section 3 of the Disabled Persons
Rehabilitation Act, subject to the limitations set forth in
this Act and in the Disabled Persons Rehabilitation Act. The
State shall not be considered to be the employer of personal
care attendants and personal assistants for any purposes not
specifically provided for in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by
the State Employees Group Insurance Act of 1971 (5 ILCS
375/). "Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Office of the Executive Inspector General,
and educational employers or employers as defined in the
Illinois Educational Labor Relations Act, except with respect
to a state university in its employment of firefighters and
peace officers. County boards and county sheriffs shall be
designated as joint or co-employers of county peace officers
appointed under the authority of a county sheriff. Nothing
in this subsection (o) shall be construed to prevent the
State Panel or the Local Panel from determining that
employers are joint or co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
-36- LRB093 10270 JAM 18900 v
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
-37- LRB093 10270 JAM 18900 v
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may
suitably be represented by a labor organization for
collective bargaining. Except with respect to non-State
fire fighters and paramedics employed by fire departments
and fire protection districts, non-State peace officers,
and peace officers in the Department of State Police, a
bargaining unit determined by the Board shall not include
both employees and supervisors, or supervisors only,
except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July
1, 1984 (the effective date of this Act). With respect
to non-State fire fighters and paramedics employed by
fire departments and fire protection districts, non-State
peace officers, and peace officers in the Department of
State Police, a bargaining unit determined by the Board
shall not include both supervisors and nonsupervisors, or
supervisors only, except as provided in paragraph (2) of
this subsection (s) and except for bargaining units in
existence on January 1, 1986 (the effective date of this
amendatory Act of 1985). A bargaining unit determined by
the Board to contain peace officers shall contain no
employees other than peace officers unless otherwise
agreed to by the employer and the labor organization or
labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace
officers of the Department of Natural Resources (formerly
-38- LRB093 10270 JAM 18900 v
designated the Department of Conservation) shall contain
no employees other than such sworn peace officers upon
the effective date of this amendatory Act of 1990 or upon
the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors
from bargaining units as provided in paragraph (1) of
this subsection (s), a public employer may agree to
permit its supervisory employees to form bargaining units
and may bargain with those units. This Act shall apply
if the public employer chooses to bargain under this
subsection.
(Source: P.A. 93-204, eff. 7-16-03.)"; and
on page 20, after line 1, by inserting the following:
"(5 ILCS 425/Act rep.)
Section 90-8. The State Gift Ban Act is repealed upon
the effective date of the State Officials and Employees
Ethics Act."; and
on page 36, by replacing line 4 with the following:
"Sections 4c and 8b.6 as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in
this Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
-39- LRB093 10270 JAM 18900 v
State Board of Education, Clerk of the Supreme Court, and
Attorney General.
(3) Judges, and officers and employees of the
courts, and notaries public.
(4) All officers and employees of the Illinois
General Assembly, all employees of legislative
commissions, all officers and employees of the Illinois
Legislative Reference Bureau, the Legislative Research
Unit, and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard
and Illinois State Guard, paid from federal funds or
positions in the State Military Service filled by
enlistment and paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by
the Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical
staff of the Illinois State Museum.
(9) All other employees except the presidents,
other principal administrative officers, and teaching,
-40- LRB093 10270 JAM 18900 v
research and extension faculties of the universities
under the jurisdiction of the Board of Regents and the
colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities,
Illinois Community College Board, Southern Illinois
University, Illinois Board of Higher Education, Board of
Governors of State Colleges and Universities, the Board
of Regents, University of Illinois, State Universities
Civil Service System, University Retirement System of
Illinois, so long as these are subject to the provisions
of the State Universities Civil Service Act.
(10) The State Police so long as they are subject
to the merit provisions of the State Police Act.
(11) The scientific staff of the State Scientific
Surveys and the Waste Management and Research Center.
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll
Highway Authority.
(14) The Secretary of the Industrial Commission.
(15) All persons who are appointed or employed by
the Director of Insurance under authority of Section 202
of the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan
Area Airport Authority.
(17) All investment officers employed by the
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Illinois State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley
Area Airport Authority.
(24) The commissioners and employees of the
Executive Ethics Commission.
(25) The Executive Inspector General and employees
of the Office of the Executive Inspector General.
(Source: P.A. 90-490, eff. 8-17-97; 91-214, eff. 1-1-00;
91-357, eff. 7-29-99.)"; and
on page 45, line 9, by deleting "and"; and
on page 45, line 14, by changing "action." to "action;"; and
on page 45, after line 14, by inserting the following:
"(3) a registered lobbyist serving on a board,
commission, authority, or task force that covers a
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different subject area than the subject area the
registered lobbyist has disclosed in his or her
registration as outlined under Section 5(c-6) of this
Act; and
(4) a registered lobbyist who has received a waiver
from the Executive Ethics Commission to serve on the
board, commission, authority, or task force, based upon
the Executive Ethics Commission determination that the
State's need for the registered lobbyist's expertise
outweighs the potential conflict of interest. Pending a
decision by the Executive Ethics Commission on the waiver
request, the registered lobbyist may serve as an acting
member of the board, commission, authority, or task
force.
Any registered lobbyist that serves on a board,
commission, authority, or task force under one of these
exemptions must recuse himself or herself from any board,
commission, authority, or task force decision that may affect
one of his or her clients."; and
on page 47, line 14, by replacing "$100" with "$500"; and
on page 47, line 19, after "purposes.", by inserting the
following:
"The registration fee for a person required to register
under this Act is $150 if the person satisfies either of the
following:
(1) The person is a non-profit organization exempt
from federal income taxation under Section 501(c)(3) of
the Internal Revenue Code.
(2) The person (i) is an employee of a person
described in subsection (1) and (ii) undertakes to
influence executive, legislative, or administrative
action on behalf of the person in subsection (1) as part
of salaried responsibilities."; and
-43- LRB093 10270 JAM 18900 v
on page 47, line 22, by replacing "$100" with "$500".
Date: , 2003