093_HB3819

                                     LRB093 12187 JAM 17367 b

 1        AN ACT concerning ethics.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  If any only if House Bill 3412 as  passed  by
 5    the  93rd  General  Assembly becomes law, the State Officials
 6    and Employees Ethics Act is amended by changing Sections 1-5,
 7    5-5, 5-10,  15-25,  50-5,  70-5,  and  70-15  and  by  adding
 8    Articles 10, 20, 25, and 30 as follows:

 9        (93 HB3412enr. Art. 1, Sec. 1-5)
10        Sec. 1-5.  Definitions. As used in this Act:
11        "Appointee"  means a person appointed to a position in or
12    with a State agency, regardless of whether  the  position  is
13    compensated.
14        "Campaign  for  elective  office"  means  any activity in
15    furtherance  of  an  effort  to  influence   the   selection,
16    nomination, election, or appointment of any individual to any
17    federal,  State,  or  local  public  office  or  office  in a
18    political organization,  or  the  selection,  nomination,  or
19    election  of  Presidential or Vice-Presidential electors, but
20    does not include activities (i) relating to  the  support  or
21    opposition  of  any executive, legislative, or administrative
22    action (as those terms  are  defined  in  Section  2  of  the
23    Lobbyist  Registration  Act),  (ii)  relating  to  collective
24    bargaining, or (iii) that are otherwise in furtherance of the
25    person's official State duties.
26        "Candidate"  means  a  person  who  has  filed nominating
27    papers or petitions for nomination or election to an  elected
28    State  office, or who has been appointed to fill a vacancy in
29    nomination, and who remains eligible  for  placement  on  the
30    ballot  at  either  a  general  primary  election  or general
31    election.
 
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 1        "Collective bargaining" has the same meaning as that term
 2    is  defined  in  Section  3  of  the  Illinois  Public  Labor
 3    Relations Act.
 4        "Commission" means an ethics commission created  by  this
 5    Act.
 6        "Compensated  time"  means any time worked by or credited
 7    to a State employee that counts toward any minimum work  time
 8    requirement imposed as a condition of employment with a State
 9    agency, but does not include any designated State holidays or
10    any period when the employee is on a leave of absence.
11        "Compensatory  time off" means authorized time off earned
12    by or awarded to a State employee to compensate in  whole  or
13    in  part  for  time worked in excess of the minimum work time
14    required of that employee as a condition of employment with a
15    State agency.
16        "Contribution" has the  same  meaning  as  that  term  is
17    defined in Section 9-1.4 of the Election Code.
18        "Employee"  means  (i)  any  person  employed  full-time,
19    part-time,  or  pursuant  to  a contract and whose employment
20    duties are  subject  to  the  direction  and  control  of  an
21    employer  with regard to the material details of how the work
22    is to be performed; or (ii) any appointee.
23        "Executive  branch  constitutional  officer"  means   the
24    Governor, Lieutenant Governor, Attorney General, Secretary of
25    State, Comptroller, and Treasurer.
26        "Gift"   means  any  gratuity,  discount,  entertainment,
27    hospitality,  loan,  forbearance,  or   other   tangible   or
28    intangible  item  having  monetary  value  including, but not
29    limited to, cash, food and drink, and honoraria for  speaking
30    engagements   related   to   or  attributable  to  government
31    employment or the official position of an  employee,  member,
32    or officer.
33        "Governmental entity" means a unit of local government or
34    a school district but not a State agency.
 
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 1        "Leave  of absence" means any period during which a State
 2    employee  does  not  receive  (i)  compensation   for   State
 3    employment,   (ii)   service  credit  towards  State  pension
 4    benefits, and (iii) health insurance benefits paid for by the
 5    State.
 6        "Legislative  branch  constitutional  officer"  means   a
 7    member of the General Assembly and the Auditor General.
 8        "Legislative  leader"  means  the  President and Minority
 9    Leader of the Senate and the Speaker and Minority  Leader  of
10    the House of Representatives.
11        "Member" means a member of the General Assembly.
12        "Officer"  means  a  State  constitutional officer of the
13    executive or legislative branch.
14        "Political" means  any  activity  in  support  of  or  in
15    connection  with  any  campaign  for  elective  office or any
16    political organization, but does not include  activities  (i)
17    relating  to  the  support  or  opposition  of any executive,
18    legislative, or administrative action  (as  those  terms  are
19    defined  in Section 2 of the Lobbyist Registration Act), (ii)
20    relating  to  collective  bargaining,  or  (iii)   that   are
21    otherwise  in  furtherance  of  the  person's  official State
22    duties.
23        "Political  organization"  means  a   party,   committee,
24    association,  fund,  or  other  organization  (whether or not
25    incorporated)  that  is  required  to  file  a  statement  of
26    organization with the State Board of Elections  or  a  county
27    clerk  under  Section 9-3 of the Election Code, but only with
28    regard to those activities that require filing with the State
29    Board of Elections or a county clerk.
30        "Prohibited political activity" means:
31             (1)  Preparing for, organizing, or participating  in
32        any   political   meeting,   political  rally,  political
33        demonstration, or other political event.
34             (2)  Soliciting  contributions,  including  but  not
 
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 1        limited to the purchase  of,  selling,  distributing,  or
 2        receiving   payment   for   tickets   for  any  political
 3        fundraiser, political meeting, or other political event.
 4             (3)  Soliciting, planning the  solicitation  of,  or
 5        preparing  any  document or report regarding any thing of
 6        value intended as a campaign contribution.
 7             (4)  Planning, conducting,  or  participating  in  a
 8        public  opinion  poll  in  connection with a campaign for
 9        elective office or on behalf of a political  organization
10        for  political  purposes or for or against any referendum
11        question.
12             (5)  Surveying   or   gathering   information   from
13        potential or actual voters in an  election  to  determine
14        probable  vote  outcome in connection with a campaign for
15        elective office or on behalf of a political  organization
16        for  political  purposes or for or against any referendum
17        question.
18             (6)  Assisting at  the  polls  on  election  day  on
19        behalf  of  any  political  organization or candidate for
20        elective  office  or  for  or  against   any   referendum
21        question.
22             (7)  Soliciting  votes  on behalf of a candidate for
23        elective office or a political  organization  or  for  or
24        against  any  referendum question or helping in an effort
25        to get voters to the polls.
26             (8)  Initiating    for    circulation,    preparing,
27        circulating, reviewing, or filing any petition on  behalf
28        of  a candidate for elective office or for or against any
29        referendum question.
30             (9)  Making contributions on behalf of any candidate
31        for elective office in that  capacity  or  in  connection
32        with a campaign for elective office.
33             (10)  Preparing  or reviewing responses to candidate
34        questionnaires.
 
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 1             (11)  Distributing, preparing for  distribution,  or
 2        mailing  campaign  literature,  campaign  signs, or other
 3        campaign material on behalf of any candidate for elective
 4        office or for or against any referendum question.
 5             (12)  Campaigning for any elective office or for  or
 6        against any referendum question.
 7             (13)  Managing or working on a campaign for elective
 8        office or for or against any referendum question.
 9             (14)  Serving  as a delegate, alternate, or proxy to
10        a political party convention.
11             (15)  Participating in any recount or  challenge  to
12        the  outcome  of  any election, except to the extent that
13        under subsection (d) of Section 6 of Article  IV  of  the
14        Illinois  Constitution each house of the General Assembly
15        shall judge the elections, returns, and qualifications of
16        its members.
17        "Prohibited source" means any person or entity who:
18             (1)  is seeking official action (i) by the member or
19        officer or (ii) in  the  case  of  an  employee,  by  the
20        employee  or  by  the  member,  officer, State agency, or
21        other employee directing the employee;
22             (2)  does business or seeks to do business (i)  with
23        the member or officer or (ii) in the case of an employee,
24        with  the  employee  or  with  the member, officer, State
25        agency, or other employee directing the employee;
26             (3)  conducts activities regulated (i) by the member
27        or officer or (ii) in the case of  an  employee,  by  the
28        employee  or  by  the  member,  officer, State agency, or
29        other employee directing the employee;
30             (4)  has  interests  that   may   be   substantially
31        affected  by  the  performance  or non-performance of the
32        official duties of the member, officer, or employee; or
33             (5)  is registered or required to be registered with
34        the Secretary of State under  the  Lobbyist  Registration
 
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 1        Act,  except  that  an  entity not otherwise a prohibited
 2        source does not become a prohibited source merely because
 3        a registered lobbyist is one of its members or serves  on
 4        its board of directors.
 5        "State agency" includes all officers, boards, commissions
 6    and  agencies  created  by  the  Constitution, whether in the
 7    executive or legislative branch; all  officers,  departments,
 8    boards,  commissions,  agencies,  institutions,  authorities,
 9    public  institutions of higher learning as defined in Section
10    2 of the Higher Education Cooperation Act, and bodies politic
11    and corporate of  the  State;  and  administrative  units  or
12    corporate  outgrowths  of  the  State  government  which  are
13    created  by or pursuant to statute, other than units of local
14    government and their officers, school districts,  and  boards
15    of  election  commissioners; and all administrative units and
16    corporate outgrowths of the above and as may  be  created  by
17    executive  order of the Governor. "State agency" includes the
18    General Assembly, the Senate, the House  of  Representatives,
19    the  President and Minority Leader of the Senate, the Speaker
20    and Minority Leader of  the  House  of  Representatives,  the
21    Senate  Operations  Commission,  and  the legislative support
22    services agencies. "State agency" includes the Office of  the
23    Auditor General. "State agency" does not include the judicial
24    branch.
25        "State employee" means any employee of a State agency.
26        "Ultimate jurisdictional authority" means the following:
27             (1)  For  members,  legislative  partisan staff, and
28        legislative  secretaries,  the  appropriate   legislative
29        leader:  President  of the Senate, Minority Leader of the
30        Senate, Speaker  of  the  House  of  Representatives,  or
31        Minority Leader of the House of Representatives.
32             (2)  For  State employees who are professional staff
33        or employees of the Senate and  not  covered  under  item
34        (1), the Senate Operations Commission.
 
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 1             (3)  For  State employees who are professional staff
 2        or employees of the  House  of  Representatives  and  not
 3        covered  under  item  (1),  the  Speaker  of the House of
 4        Representatives.
 5             (4)  For State employees who are  employees  of  the
 6        legislative   support   services   agencies,   the  Joint
 7        Committee on Legislative Support Services.
 8             (5)  For State employees of the Auditor General, the
 9        Auditor General.
10             (6)  For State employees of public  institutions  of
11        higher  learning  as  defined  in Section 2 of the Higher
12        Education Cooperation Act, the board of trustees  of  the
13        appropriate public institution of higher learning.
14             (7)  For  State  employees  of  an  executive branch
15        constitutional officer  other  than  those  described  in
16        paragraph   (6),   the   appropriate   executive   branch
17        constitutional officer.
18             (8)  For  State employees not under the jurisdiction
19        of paragraph (1), (2), (3), (4), (5), (6),  or  (7),  the
20        Governor.
21    (Source: 93HB3412enr.)

22        (93 HB3412enr. Art. 5, Sec. 5-5)
23        Sec. 5-5.  Personnel policies.
24        (a)  Each  of  the  following  shall  adopt and implement
25    personnel policies for all State employees under his, her, or
26    its jurisdiction  and  control:  (i)  each  executive  branch
27    constitutional  officer,  (ii) each legislative leader, (iii)
28    the Senate Operations Commission, with respect to legislative
29    employees under Section 4 of the General Assembly  Operations
30    Act,  (iv)  the Speaker of the House of Representatives, with
31    respect to legislative  employees  under  Section  5  of  the
32    General  Assembly  Operations Act, (v) the Joint Committee on
33    Legislative Support Services, with respect to State employees
 
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 1    of the legislative support services agencies, (vi) members of
 2    the General Assembly, with respect to legislative assistants,
 3    as provided in Section 4 of the General Assembly Compensation
 4    Act, (vii) the Auditor General, (viii) the  Board  of  Higher
 5    Education,   with   respect  to  State  employees  of  public
 6    institutions of higher learning  except  community  colleges,
 7    and  (ix)  the Illinois Community College Board, with respect
 8    to State employees of community colleges. The Governor  shall
 9    adopt and implement those policies for all State employees of
10    the  executive  branch not under the jurisdiction and control
11    of any other executive branch constitutional officer.
12        (b)  The policies required under subsection (a) shall  be
13    filed  with  the  appropriate  ethics  commission established
14    under this Act or, for the Auditor General, with  the  Office
15    of the Auditor General.
16        (c)(b)  The  policies required under subsection (a) shall
17    include  policies  relating  to   work   time   requirements,
18    documentation of time worked, documentation for reimbursement
19    for  travel on official State business, compensation, and the
20    earning or accrual of State benefits for all State  employees
21    who  may be eligible to receive those benefits.  The policies
22    shall comply with and be consistent with all other applicable
23    laws. For State employees  of  the  legislative  branch,  the
24    policies shall require those employees to periodically submit
25    time  sheets  documenting the time spent each day on official
26    State business  to  the  nearest  quarter  hour;  contractual
27    employees  of  the  legislative  branch  may satisfy the time
28    sheets requirement by  complying  with  the  terms  of  their
29    contract,  which shall provide for a means of compliance with
30    this requirement. The policies for  State  employees  of  the
31    legislative  branch  shall  require  those  time sheets to be
32    submitted  on  paper,  electronically,  or  both  and  to  be
33    maintained in  either  paper  or  electronic  format  by  the
34    applicable fiscal office for a period of at least 2 years.
 
                            -9-      LRB093 12187 JAM 17367 b
 1    (Source: 93HB3412enr.)

 2        (93 HB3412enr. Art. 5, Sec. 5-10)
 3        Sec.  5-10.  Ethics  training.  Each officer and employee
 4    must complete, at least annually, an ethics training  program
 5    conducted  by  the  appropriate  State  agency. Each ultimate
 6    jurisdictional authority must implement  an  ethics  training
 7    program for its officers and employees. These ethics training
 8    programs  shall  be  overseen  by  the  appropriate Inspector
 9    General appointed pursuant  to  this  Act  working  with  the
10    Office of the Attorney General.
11        Each  Inspector General shall set standards and determine
12    the hours  and  frequency  of  training  necessary  for  each
13    position  or  category  of  positions.  A  person who fills a
14    vacancy in an elective or appointed  position  that  requires
15    training  and  a  person employed in a position that requires
16    training must complete his or  her  initial  ethics  training
17    within  6  months  after commencement of his or her office or
18    employment.
19        Ethics  training.   Each  officer   and   employee   must
20    complete,  at  least  annually,  an  ethics  training program
21    conducted by the appropriate ethics officer  appointed  under
22    the   State  Gift  Ban  Act.   Each  ultimate  jurisdictional
23    authority must implement an ethics training program  for  its
24    officers  and  employees.  A person who fills a vacancy in an
25    elective or appointed position that requires training  and  a
26    person  employed  in  a  position that requires training must
27    complete his or her initial ethics training within  6  months
28    after commencement of his or her office or employment.
29    (Source: 93HB3412enr.)

30        (93 HB3412enr. Art. 10 heading new)
31                             ARTICLE 10
32                              GIFT BAN
 
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 1        (93 HB3412enr. Sec. 10-10 new)
 2        Sec.  10-10.  Gift  ban.  Except as otherwise provided in
 3    this  Article,  no  member,  officer,   or   employee   shall
 4    intentionally  solicit or accept any gift from any prohibited
 5    source or in violation of any federal or State statute, rule,
 6    or regulation. This ban applies to and includes the spouse of
 7    and immediate family living  with  the  member,  officer,  or
 8    employee.  No  prohibited source shall intentionally offer or
 9    make a gift that violates this Section.

10        (93 HB3412enr. Sec. 10-15 new)
11        Sec. 10-15.  Gift ban; exceptions.   The  restriction  in
12    Section 10-10 does not apply to the following:
13        (1)  Opportunities,   benefits,  and  services  that  are
14    available on the same conditions as for the general public.
15        (2)  A contribution  that  is  lawfully  made  under  the
16    Election   Code   or  under  this  Act  or  attendance  at  a
17    fundraising event sponsored by a political organization.
18        (3)  Educational materials and missions, subject to rules
19    adopted by  the  appropriate  ethics  commission  or  by  the
20    Auditor  General for the Auditor General and employees of the
21    Office of the Auditor General.
22        (4)  Travel expenses  for  a  meeting  to  discuss  State
23    business,  subject to rules adopted by the appropriate ethics
24    commission or by the Auditor General for the Auditor  General
25    and employees of the Office of the Auditor General.
26        (5)  A gift from a relative, meaning those people related
27    to  the individual as father, mother, son, daughter, brother,
28    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
29    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
30    grandson,   granddaughter,   father-in-law,    mother-in-law,
31    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
32    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
33    stepsister,  half  brother,  half  sister,  and including the
 
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 1    father,  mother,   grandfather,   or   grandmother   of   the
 2    individual's spouse and the individual's fiance or fiancee.
 3        (6)  Anything provided by an individual on the basis of a
 4    personal  friendship  unless the member, officer, or employee
 5    has reason to believe that, under the circumstances, the gift
 6    was provided because of the official position  or  employment
 7    of  the  member,  officer, or employee and not because of the
 8    personal friendship.
 9        In determining whether a gift is provided on the basis of
10    personal friendship, the member, officer, or  employee  shall
11    consider  the circumstances under which the gift was offered,
12    such as:
13             (i)  the history of  the  relationship  between  the
14        individual giving the gift and the recipient of the gift,
15        including  any  previous  exchange of gifts between those
16        individuals;
17             (ii)  whether to the actual knowledge of the member,
18        officer, or employee the individual  who  gave  the  gift
19        personally paid for the gift or sought a tax deduction or
20        business reimbursement for the gift; and
21             (iii)  whether   to  the  actual  knowledge  of  the
22        member, officer, or employee the individual who gave  the
23        gift also at the same time gave the same or similar gifts
24        to other members, officers, or employees.
25        (7)  Food or refreshments not exceeding $75 per person in
26    value  on  a  single  calendar day; provided that the food or
27    refreshments are (i) consumed on the premises from which they
28    were purchased or prepared or (ii) catered. For the  purposes
29    of  this  Section,  "catered" means food or refreshments that
30    are purchased ready to eat and delivered by any means.
31        (8)  Intra-governmental  and  inter-governmental   gifts.
32    For  the purpose of this Act, "intra-governmental gift" means
33    any gift given to a member, officer, or employee of  a  State
34    agency  from another member, officer, or employee of the same
 
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 1    State agency; and "inter-governmental gift"  means  any  gift
 2    given to a member, officer, or employee of a State agency, by
 3    a  member, officer, or employee of another State agency, of a
 4    federal agency, or of any governmental entity.
 5        (9)  Bequests,  inheritances,  and  other  transfers   at
 6    death.
 7        (10)  Any  item  or  items from any one prohibited source
 8    during any calendar year having a cumulative total  value  of
 9    less than $100.
10        Each of the exceptions listed in this Section is mutually
11    exclusive and independent of one another.

12        (93 HB3412enr. Sec. 10-30 new)
13        Sec.  10-30.  Gift  ban;  disposition of gifts. A member,
14    officer, or employee does not violate this Act if the member,
15    officer, or employee  promptly  takes  reasonable  action  to
16    return the prohibited gift to its source or gives the gift or
17    an  amount  equal to its value to an appropriate charity that
18    is exempt from income taxation under Section  501  (c)(3)  of
19    the  Internal  Revenue  Code  of  1986,  as  now or hereafter
20    amended, renumbered, or succeeded.

21        (93 HB3412enr. Sec. 10-40 new)
22        Sec. 10-40.  Gift ban;  further  restrictions.   A  State
23    agency   may   adopt  or  maintain  policies  that  are  more
24    restrictive than those set forth  in  this  Article  and  may
25    continue  to  follow  any  existing    policies, statutes, or
26    regulations that are more restrictive or are in  addition  to
27    those set forth in this Article.

28        (93 HB3412enr. Art. 15, Sec. 15-25)
29        Sec. 15-25.  Remedies. An action to obtain civil remedies
30    for  a  violation of this Article may be initiated by a State
31    employee only after a finding by an ethics commission that  a
 
                            -13-     LRB093 12187 JAM 17367 b
 1    violation  of this Article has occurred or upon authorization
 2    by the Attorney General. The action shall be commenced  in  a
 3    circuit  court  of  venue  within one year after the required
 4    finding by the ethics  commission  or  authorization  by  the
 5    Attorney  General  has  been  made. The proceeding before the
 6    circuit court shall be de novo, and the Administrative Review
 7    Law shall not apply to a proceeding under this  Article.  The
 8    State  employee may be awarded all remedies necessary to make
 9    the State employee whole and to prevent future violations  of
10    this  Article. Remedies imposed by the court may include, but
11    are not limited to, all of the following:
12        (1)  reinstatement of the employee  to  either  the  same
13    position   held  before  the  retaliatory  action  or  to  an
14    equivalent position;
15        (2)  2 times the amount of back pay;
16        (3)  interest on the back pay;
17        (4)  the  reinstatement  of  full  fringe  benefits   and
18    seniority rights; and
19        (5)  the  payment  by the officer, member, or other State
20    employee of reasonable attorneys' fees.
21        Remedies. The State employee may be awarded all  remedies
22    necessary  to  make  the  State employee whole and to prevent
23    future violations of this Article. Remedies  imposed  by  the
24    court  may  include,  but  are  not  limited  to,  all of the
25    following:
26        (1)  reinstatement of the employee  to  either  the  same
27    position   held  before  the  retaliatory  action  or  to  an
28    equivalent position;
29        (2)  2 times the amount of back pay;
30        (3)  interest on the back pay; and
31        (4)  the  reinstatement  of  full  fringe  benefits   and
32    seniority rights.
33    (Source: 93HB3412enr.)
 
                            -14-     LRB093 12187 JAM 17367 b
 1        (93 HB3412enr. Art. 20 heading new)
 2                             ARTICLE 20
 3                   EXECUTIVE ETHICS COMMISSION AND
 4                     EXECUTIVE INSPECTOR GENERAL

 5        (93 HB3412enr. Sec. 20-5 new)
 6        Sec. 20-5. Executive Ethics Commission.
 7        (a)  The Executive Ethics Commission is created.
 8        (b)  The  Executive  Ethics Commission shall consist of 9
 9    commissioners, each confirmed by a three-fifths vote  of  the
10    Senate.  The  Governor shall appoint 5 commissioners, and the
11    Attorney  General,  Secretary  of  State,  Comptroller,   and
12    Treasurer  shall each appoint one commissioner. If the Senate
13    is in recess, the appointing authority may make  a  temporary
14    appointment  until  the  next meeting of the Senate, when the
15    appointing authority shall make  a  nomination  to  fill  the
16    office.  No  more  than  5  commissioners  may be of the same
17    political party.
18        The terms of the initial commissioners shall commence  on
19    July  1,  2003.  Four  initial appointees of the Governor, as
20    designated by the Governor, shall serve terms running through
21    June 30, 2007.  One initial appointee  of  the  Governor,  as
22    designated by the Governor, and the initial appointees of the
23    Attorney   General,  Secretary  of  State,  Comptroller,  and
24    Treasurer shall serve terms running through  June  30,  2008.
25    The  initial  appointments shall be made within 60 days after
26    the effective date of this Act.
27        After the initial terms, commissioners  shall  serve  for
28    4-year  terms commencing on July 1 of the year of appointment
29    and running through June 30 of  the  fourth  following  year.
30    Commissioners  may  be  reappointed to one or more subsequent
31    terms.
32        Vacancies occurring other than at the end of a term shall
33    be filled by the appointing authority only for the balance of
 
                            -15-     LRB093 12187 JAM 17367 b
 1    the term of the commissioner whose office is vacant.
 2        Terms shall run regardless of  whether  the  position  is
 3    filled.
 4        (c)    The    appointing    authorities   shall   appoint
 5    commissioners who have experience holding governmental office
 6    or  employment  and  shall  appoint  commissioners  from  the
 7    general public. A person  is  not  eligible  to  serve  as  a
 8    commissioner  if  that  person  (i)  has  been convicted of a
 9    felony or a crime of dishonesty or moral turpitude, (ii)  is,
10    or  was within the preceding 12 months, engaged in activities
11    that require registration  under  the  Lobbyist  Registration
12    Act, (iii) is related to the appointing authority, or (iv) is
13    a State officer or employee.
14        (d)   The   Executive   Ethics   Commission   shall  have
15    jurisdiction  over  all  officers  and  employees  of   State
16    agencies  other  than  the  General Assembly, the Senate, the
17    House of Representatives, the President and  Minority  Leader
18    of  the  Senate, the Speaker and Minority Leader of the House
19    of Representatives, the  Senate  Operations  Commission,  the
20    legislative  support services agencies, and the Office of the
21    Auditor  General.  The  jurisdiction  of  the  Commission  is
22    limited to matters arising under this Act.
23        (e) The Executive Ethics Commission must meet, either  in
24    person  or by other technological means, at least monthly and
25    as often as necessary. At the first meeting of the  Executive
26    Ethics  Commission, the commissioners shall choose from their
27    number a  chairperson  and  other  officers  that  they  deem
28    appropriate.  The  terms  of  officers  shall  be for 2 years
29    commencing July 1 and running through June 30 of  the  second
30    following  year.  Meetings  shall  be held at the call of the
31    chairperson or any 3 commissioners. Official  action  by  the
32    Commission   shall   require   the   affirmative  vote  of  5
33    commissioners, and a quorum shall consist of 5 commissioners.
34    Commissioners shall  receive  no  compensation,  but  may  be
 
                            -16-     LRB093 12187 JAM 17367 b
 1    reimbursed for their reasonable expenses actually incurred in
 2    the performance of their duties.
 3        (f)  No  commissioner or employee of the Executive Ethics
 4    Commission may during his  or  her  term  of  appointment  or
 5    employment:
 6             (1) become a candidate for any elective office;
 7             (2)  hold  any  other  elected  or  appointed public
 8        office except for appointments on  governmental  advisory
 9        boards  or  study  commissions  or as otherwise expressly
10        authorized by law;
11             (3) be actively  involved  in  the  affairs  of  any
12        political party or political organization; or
13             (4)  actively  participate  in  any campaign for any
14        elective office.
15        (g) An appointing authority  may  remove  a  commissioner
16    only for cause.
17        (h)  The  Executive  Ethics  Commission  shall appoint an
18    Executive  Director.  The  compensation  of   the   Executive
19    Director  shall  be as determined by the Commission or by the
20    Compensation Review Board, whichever amount  is  higher.  The
21    Executive  Director  of  the  Executive Ethics Commission may
22    employ  and  determine  the   compensation   of   staff,   as
23    appropriations permit.

24        (93 HB3412enr. Sec. 20-10 new)
25        Sec. 20-10. Offices of Executive Inspectors General.
26        (a)  Five  Offices of the Executive Inspector General are
27    created.  Each  Office  shall  be  under  the  direction  and
28    supervision of an Executive Inspector General.
29        (b)  The Governor, Attorney General, Secretary of  State,
30    Comptroller,  and  Treasurer  shall each appoint an Executive
31    Inspector General, without regard  to  political  affiliation
32    and  solely  on  the  basis  of  integrity  and  demonstrated
33    ability.  Each Executive Inspector General shall be confirmed
 
                            -17-     LRB093 12187 JAM 17367 b
 1    by a three-fifths vote of the Senate. If  the  Senate  is  in
 2    recess,   the  appointing  authority  may  make  a  temporary
 3    appointment until the next meeting of the  Senate,  when  the
 4    appointing  authority  shall  make  a  nomination to fill the
 5    office.
 6        Nothing in this Article precludes the appointment by  the
 7    Governor,  Attorney General, Secretary of State, Comptroller,
 8    or Treasurer of  any  other  inspector  general  required  or
 9    permitted  by  law. The Governor, Attorney General, Secretary
10    of State, Comptroller, and  Treasurer  each  may  appoint  an
11    existing inspector general as the Executive Inspector General
12    required  by  this  Article,  provided that such an inspector
13    general  is  not  prohibited  by  law,  rule,   jurisdiction,
14    qualification,  or  interest  from  serving  as the Executive
15    Inspector General required by  this  Article.  An  appointing
16    authority   may  not  appoint  a  relative  as  an  Executive
17    Inspector General.
18        Each Executive Inspector General shall have the following
19    qualifications:
20             (1)  has not been convicted  of any felony under the
21        laws of this State, another State, or the United States;
22             (2)  has  earned  a  baccalaureate  degree  from  an
23        institution of higher education; and
24             (3)  has either (A) 5 or more years of service  with
25        a  federal,  State,  or  local law enforcement agency, at
26        least 2  years  of  which  have  been  in  a  progressive
27        investigatory capacity; (B) 5 or more years of service as
28        a  federal,  State, or local prosecutor; or (C) 5 or more
29        years of service as a senior manager or  executive  of  a
30        federal, State, or local agency.
31        The  term  of  each  initial  Executive Inspector General
32    shall commence on July 1, 2003 and shall run through June 30,
33    2008. The initial appointments shall be made within  60  days
34    after the effective date of this Act.
 
                            -18-     LRB093 12187 JAM 17367 b
 1        After  the initial term, each Executive Inspector General
 2    shall serve for 5-year terms commencing on July 1 of the year
 3    of appointment and running  through  June  30  of  the  fifth
 4    following   year.  An  Executive  Inspector  General  may  be
 5    reappointed to one or more subsequent terms.
 6        A vacancy occurring other than at the end of a term shall
 7    be filled by the appointing authority only for the balance of
 8    the term of the Executive Inspector General whose  office  is
 9    vacant.
10        Terms  shall  run  regardless  of whether the position is
11    filled.
12        (c)  The Executive Inspector  General  appointed  by  the
13    Attorney  General  shall  have jurisdiction over the Attorney
14    General and  all  employees  of  State  agencies  within  the
15    jurisdiction of the Attorney General. The Executive Inspector
16    General  appointed  by  the  Secretary  of  State  shall have
17    jurisdiction over the Secretary of State and all employees of
18    State agencies within the jurisdiction of  the  Secretary  of
19    State.  The  Executive  Inspector  General  appointed  by the
20    Comptroller shall have jurisdiction over the Comptroller  and
21    all  employees  of  State agencies within the jurisdiction of
22    the Comptroller. The Executive Inspector General appointed by
23    the Treasurer shall have jurisdiction over the Treasurer  and
24    all  employees  of  State agencies within the jurisdiction of
25    the Treasurer. The Executive Inspector General  appointed  by
26    the  Governor  shall have jurisdiction over the Governor, the
27    Lieutenant Governor, and all employees  of  executive  branch
28    State agencies under the jurisdiction of the Executive Ethics
29    Commission  and  not  within the jurisdiction of the Attorney
30    General, the Secretary of  State,  the  Comptroller,  or  the
31    Treasurer.
32        The  jurisdiction  of each Executive Inspector General is
33    limited to investigating conduct alleged to violate this Act.
34        (d)  The compensation of an Executive  Inspector  General
 
                            -19-     LRB093 12187 JAM 17367 b
 1    shall  be  determined  by the appointed authority. Subject to
 2    Section 20-45 of this Act, each Executive  Inspector  General
 3    has  full  authority  to  organize  his  or her Office of the
 4    Executive Inspector General,  including  the  employment  and
 5    determination of the compensation of staff, such as deputies,
 6    assistants, and other employees, as appropriations permit.
 7        (e)  No  Executive  Inspector  General or employee of the
 8    Office of the Executive Inspector General may, during his  or
 9    her term of appointment or employment:
10             (1)  become a candidate for any elective office;
11             (2)  hold  any  other  elected  or  appointed public
12        office except for appointments on  governmental  advisory
13        boards  or  study  commissions  or as otherwise expressly
14        authorized by law;
15             (3)  be actively involved  in  the  affairs  of  any
16        political party or political organization; or
17             (4)  actively  participate  in  any campaign for any
18        elective office.
19        (f)  An appointing  authority  may  remove  an  Executive
20    Inspector General only for cause.

21        (93 HB3412enr. Sec. 20-15 new)
22        Sec. 20-15. Duties of the Executive Ethics Commission. In
23    addition  to  duties otherwise assigned by law, the Executive
24    Ethics Commission shall have the following duties:
25        (1) To promulgate rules governing the performance of  its
26    duties  and  the  exercise  of  its  powers and governing the
27    investigations of the Executive Inspectors General.
28        (2)  To  conduct  administrative  hearings  and  rule  on
29    matters brought before the Commission only upon  the  receipt
30    of  pleadings filed by an Executive Inspector General and not
31    upon its own prerogative. Any other allegations of misconduct
32    received by the  Commission  from  a  person  other  than  an
33    Executive  Inspector  General shall be referred to the Office
 
                            -20-     LRB093 12187 JAM 17367 b
 1    of the appropriate Executive Inspector General.
 2        (3) To  prepare  and  publish  manuals  and  guides  and,
 3    working  with  the  Office  of  the Attorney General, oversee
 4    training of employees under its  jurisdiction  that  explains
 5    their duties.
 6        (4) To prepare public information materials to facilitate
 7    compliance, implementation, and enforcement of this Act.
 8        (5) To submit reports as required by this Act.
 9        (6)  To  make  rulings, issue recommendations, and impose
10    administrative fines, if appropriate, in connection with  the
11    implementation and interpretation of this Act. The powers and
12    duties  of  the  Commission  are  limited  to matters clearly
13    within the purview of this Act.
14        (7) To issue subpoenas with respect  to  matters  pending
15    before  the  Commission,  subject  to  the provisions of this
16    Article and in the discretion of the  Commission,  to  compel
17    the attendance of witnesses for purposes of testimony and the
18    production  of  documents  and other items for inspection and
19    copying.

20        (93 HB3412enr. Sec. 20-20 new)
21        Sec. 20-20. Duties of the Executive  Inspectors  General.
22    In  addition  to  duties  otherwise  assigned  by  law,  each
23    Executive Inspector General shall have the following duties:
24        (1)  To receive and investigate allegations of violations
25    of this Act. The  Executive  Inspector  General  may  receive
26    information  through  the  Office  of any Executive Inspector
27    General,  through  an  ethics  commission,  or  through   the
28    Executive  Ethics  Hotline. An investigation may be conducted
29    only in response to information  reported  to  the  Executive
30    Inspector  General  as  provided in this Section and not upon
31    his or her own prerogative. The Executive  Inspector  General
32    shall  have the discretion to determine the appropriate means
33    of investigation as permitted by law.
 
                            -21-     LRB093 12187 JAM 17367 b
 1        (2)  To request information relating to an  investigation
 2    from  any  person  when the Executive Inspector General deems
 3    that information necessary in conducting an investigation.
 4        (3)  To issue subpoenas, subject to the advance  approval
 5    of   the  Attorney  General,  to  compel  the  attendance  of
 6    witnesses for the purposes of  testimony  and  production  of
 7    documents and other items for inspection and copying.
 8        (4)  To submit reports as required by this Act.
 9        (5)  After  finding  probable cause, to file pleadings in
10    the  name  of  the  Executive  Inspector  General  with   the
11    Executive Ethics Commission, through the Attorney General, as
12    provided in this Article.
13        (6)  To  assist  and  coordinate  the ethics officers for
14    State  agencies  under  the  jurisdiction  of  the  Executive
15    Inspector General and to work with those ethics officers.
16        (7)  To participate  in  or  conduct,  when  appropriate,
17    multi-jurisdictional investigations.
18        (8)  To request, as the Executive Inspector General deems
19    appropriate, from ethics officers of State agencies under his
20    or  her  jurisdiction,  reports  or  information  on  (i) the
21    content of a State agency's ethics training program and  (ii)
22    the  percentage  of  new  officers  and  employees  who  have
23    completed ethics training.

24        (93 HB3412enr. Sec. 20-23 new)
25        Sec.  20-23.  Ethics  Officers. Each officer and the head
26    of each State agency under the jurisdiction of the  Executive
27    Ethics  Commission  shall designate an Ethics Officer for the
28    office or State agency. Ethics Officers shall:
29             (1)  act as liaisons between the  State  agency  and
30        the  appropriate  Executive Inspector General and between
31        the State agency and the Executive Ethics Commission;
32             (2)  review  statements  of  economic  interest  and
33        disclosure  forms  of  officers,  senior  employees,  and
 
                            -22-     LRB093 12187 JAM 17367 b
 1        contract  monitors  before  they  are  filed   with   the
 2        Secretary of State; and
 3             (3)  provide  guidance  to officers and employees in
 4        the interpretation and implementation of this  Act.  Such
 5        guidance  shall  be  based,  wherever  possible, upon the
 6        findings and opinions of the Executive Ethics Commission.

 7        (93 HB3412enr. Sec. 20-25 new)
 8        Sec.  20-25.  Executive  Ethics  Hotline.  The  Executive
 9    Ethics Commission  shall  create  and  maintain  a  toll-free
10    Ethics  Hotline  for  the  purpose  of  receiving  reports of
11    allegations relating to conduct subject to  the  jurisdiction
12    of  the Commission. The Commission shall transmit each report
13    to  the  appropriate  Inspector  General  or   other   ethics
14    commission in a timely manner.

15        (93 HB3412enr. Sec. 20-35 new)
16        Sec. 20-35. Administrative subpoena; compliance. A person
17    duly  subpoenaed for testimony, documents, or other items who
18    neglects or refuses to testify or produce documents or  other
19    items under the requirements of the subpoena shall be subject
20    to  punishment  as  may be determined by a court of competent
21    jurisdiction, unless (i) the testimony, documents,  or  other
22    items  are  covered  by  the attorney-client privilege or any
23    other privilege or  right  recognized  by  law  or  (ii)  the
24    testimony,    documents,   or   other   items   concern   the
25    representation of employees and the negotiation of collective
26    bargaining agreements by a labor organization authorized  and
27    recognized  under  the Illinois Public Labor Relations Act to
28    be the exclusive bargaining representative  of  employees  of
29    the  State  agency. Nothing in this Section limits a person's
30    right to  protection  against  self-incrimination  under  the
31    Fifth  Amendment of the United States Constitution or Article
32    I, Section 10, of the Constitution of the State of Illinois.
 
                            -23-     LRB093 12187 JAM 17367 b
 1        (93 HB3412enr. Sec. 20-40 new)
 2        Sec.  20-40.  Collective   bargaining   agreements.   Any
 3    investigation or inquiry by an Executive Inspector General or
 4    any agent or representative of an Executive Inspector General
 5    must  be  conducted  in  compliance  with the provisions of a
 6    collective bargaining agreement that applies to the employees
 7    of the relevant State agency and with  an  awareness  of  the
 8    rights of the employees as set forth by State and federal law
 9    and  applicable  judicial  decisions.  Any recommendation for
10    discipline or any action taken  against  any  State  employee
11    pursuant  to  this Act must comply with the provisions of the
12    collective bargaining agreement that  applies  to  the  State
13    employee.

14        (93 HB3412enr. Sec. 20-45 new)
15        Sec. 20-45. Standing; representation.
16        (a)  Only   an  Executive  Inspector  General  may  bring
17    actions before the Executive Ethics Commission.
18        (b)  The Attorney General shall  represent  an  Executive
19    Inspector  General  in all proceedings before the Commission,
20    except that the Attorney General may appoint special  counsel
21    to  represent  an  Executive  Inspector  General  before  the
22    Commission  if  the  Attorney  General  deems it necessary to
23    avoid  any  actual,  potential,  or  perceived  conflict   of
24    interest.
25        (c)  Attorneys  or  special counsel serving in the Office
26    of an Executive  Inspector  General  shall  be  appointed  or
27    retained   by  the  Attorney  General,  shall  be  under  the
28    supervision, direction, and control of the Attorney  General,
29    and  shall serve at the pleasure of the Attorney General. The
30    compensation of any assistant attorneys and  special  counsel
31    appointed  or  retained  in  accordance  with this subsection
32    shall be paid by the  appropriate  Office  of  the  Executive
33    Inspector General.
 
                            -24-     LRB093 12187 JAM 17367 b
 1        (d)  Any  State employee or officer named as a respondent
 2    in a complaint is entitled to reimbursement for  his  or  her
 3    reasonable  attorney's fees and expenses in defending against
 4    the  complaint  if  that  respondent  is  not  found  by  the
 5    Commission to have violated this Act.

 6        (93 HB3412enr. Sec. 20-50 new)
 7        Sec. 20-50.  Investigation reports; complaint procedure.
 8        (a)  If  an  Executive  Inspector   General,   upon   the
 9    conclusion  of  an  investigation,  determines  that probable
10    cause exists to file  pleadings  with  the  Executive  Ethics
11    Commission,  then the Executive Inspector General shall issue
12    a summary report of the investigation. The  report  shall  be
13    delivered   to   the   appropriate   ultimate  jurisdictional
14    authority and to the head of each State agency affected by or
15    involved in the investigation, if appropriate.
16        (b)  The  summary  report  of  the  investigation   shall
17    include the following:
18             (1)  A  description  of  any  allegations  or  other
19        information  received  by the Executive Inspector General
20        pertinent to the investigation.
21             (2)  A  description  of   any   alleged   misconduct
22        discovered in the course of the investigation.
23             (3)  Recommendations    for    any   corrective   or
24        disciplinary action  to  be  taken  in  response  to  any
25        alleged misconduct described in the report, including but
26        not limited to discharge.
27             (4)  Other   information   the  Executive  Inspector
28        General deems relevant to the investigation or  resulting
29        recommendations.
30        (c)  Not  less than 30 days after delivery of the summary
31    report  of  an  investigation  under  subsection   (a),   the
32    Executive  Inspector  General,  represented  by  the Attorney
33    General, may file with  the  Executive  Ethics  Commission  a
 
                            -25-     LRB093 12187 JAM 17367 b
 1    petition  for  leave  to file a complaint. The petition shall
 2    set forth the alleged violation and the grounds that exist to
 3    support probable cause. The petition  for  leave  to  file  a
 4    complaint  must be filed with the Commission within 18 months
 5    after an alleged violation of this Act.
 6        (d)  A copy  of  the  petition  must  be  served  on  all
 7    respondents  named  in the complaint and on each respondent's
 8    ultimate jurisdictional  authority  in  the  same  manner  as
 9    process is served under the Code of Civil Procedure.
10        (e)  A respondent may file objections to the petition for
11    leave  to file a complaint within 30 days after notice of the
12    petition has been served on the respondent.
13        (f)  The Commission shall meet, either in  person  or  by
14    telephone,  in  a closed session to review the sufficiency of
15    the complaint. If the  Commission  finds  that  complaint  is
16    sufficient, the Commission shall grant the petition for leave
17    to  file  the complaint. The Commission shall issue notice to
18    the Executive Inspector General and all  respondents  of  the
19    Commission's  ruling  on the sufficiency of the complaint. If
20    the complaint is deemed to sufficiently allege a violation of
21    this Act, then the Commission shall notify  the  parties  and
22    shall  include  a hearing date scheduled within 4 weeks after
23    the date of the notice, unless all of the parties consent  to
24    a  later date. If the complaint is deemed not to sufficiently
25    allege  a  violation,  then  the  Commission  shall  send  by
26    certified mail, return receipt requested,  a  notice  to  the
27    parties  of  the  decision to dismiss the complaint, and that
28    notice shall be made public.
29        (g)  On the scheduled date the Commission shall conduct a
30    closed meeting, either in person or, if the parties  consent,
31    by  telephone,  on  the  complaint  and allow all parties the
32    opportunity to  present  testimony  and  evidence.  All  such
33    proceedings shall be transcribed.
34        (h)  Within an appropriate time limit set by rules of the
 
                            -26-     LRB093 12187 JAM 17367 b
 1    Executive Ethics Commission, the Commission shall (i) dismiss
 2    the complaint or (ii) issue a recommendation of discipline to
 3    the  respondent  and the respondent's ultimate jurisdictional
 4    authority  or  impose  an  administrative   fine   upon   the
 5    respondent, or both.
 6        (i)  The  proceedings  on  any  complaint  filed with the
 7    Commission shall be conducted pursuant to  rules  promulgated
 8    by the Commission.
 9        (j)  The  Commission  may  designate  hearing officers to
10    conduct proceeding as determined by rule of the Commission.
11        (k)  In  all  proceedings  before  the  Commission,   the
12    standard of proof is by a preponderance of the evidence.

13        (93 HB3412enr. Sec. 20-55 new)
14        Sec. 20-55. Decisions; recommendations.
15        (a)  All  decisions  of  the  Executive Ethics Commission
16    must include a description of  the  alleged  misconduct,  the
17    decision  of  the  Commission, including any fines levied and
18    any recommendation of discipline, and the reasoning for  that
19    decision.  All decisions of the Commission shall be delivered
20    to the head of the appropriate State agency, the  appropriate
21    ultimate   jurisdictional   authority,  and  the  appropriate
22    Executive Inspector General. The Executive Ethics  Commission
23    shall  promulgate  rules  for the decision and recommendation
24    process.
25        (b)  If  the  Executive  Ethics   Commission   issues   a
26    recommendation  of  discipline  to an agency head or ultimate
27    jurisdictional  authority,  that  agency  head  or   ultimate
28    jurisdictional  authority must respond to that recommendation
29    in 30 days with a written response to  the  Executive  Ethics
30    Commission.  This  response  must  include  any  disciplinary
31    action  the  agency head or ultimate jurisdictional authority
32    has  taken  with  respect  to  the  officer  or  employee  in
33    question. If  the  agency  head  or  ultimate  jurisdictional
 
                            -27-     LRB093 12187 JAM 17367 b
 1    authority  did  not  take  any disciplinary action, or took a
 2    different disciplinary action than that  recommended  by  the
 3    Executive  Ethics  Commission,  the  agency  head or ultimate
 4    jurisdictional authority must describe the  different  action
 5    and  explain  the  reasons  for  the  different action in the
 6    written response. This  response  must  be  served  upon  the
 7    Executive  Ethics  Commission  and  the appropriate Executive
 8    Inspector General within the 30-day period and is not  exempt
 9    from the provisions of the Freedom of Information Act.

10        (93 HB3412enr. Sec. 20-60 new)
11        Sec.  20-60.  Appeals. A decision of the Executive Ethics
12    Commission to impose a fine is  subject  to  judicial  review
13    under  the  Administrative Review Law. All other decisions by
14    the Executive Ethics Commission are final and not subject  to
15    review either administratively or judicially.

16        (93 HB3412enr. Sec. 20-65 new)
17        Sec. 20-65. Investigations not concluded within 6 months.
18    If  any  investigation is not concluded within 6 months after
19    its initiation, the appropriate Executive  Inspector  General
20    shall  notify the Executive Ethics Commission and appropriate
21    ultimate jurisdictional authority of the  general  nature  of
22    the   allegation   or   information   giving   rise   to  the
23    investigation and the reasons for  failure  to  complete  the
24    investigation within 6 months.

25        (93 HB3412enr. Sec. 20-70 new)
26        Sec. 20-70. Cooperation in investigations. It is the duty
27    of  every  officer  and employee under the jurisdiction of an
28    Executive Inspector General, including any inspector  general
29    serving  in  any  State agency under the jurisdiction of that
30    Executive Inspector General, to cooperate with the  Executive
31    Inspector General in any investigation undertaken pursuant to
 
                            -28-     LRB093 12187 JAM 17367 b
 1    this  Act.  Failure to cooperate with an investigation of the
 2    Executive  Inspector  General  is  grounds  for  disciplinary
 3    action, including dismissal, unless the failure is  based  on
 4    (i)  the  attorney-client privilege or any other privilege or
 5    right recognized by  law  or  (ii)  a  collective  bargaining
 6    agreement with a labor organization authorized and recognized
 7    under  the  Illinois  Public  Labor  Relations  Act to be the
 8    exclusive bargaining representative of affected employees.
 9        Nothing in  this  Section  limits  a  person's  right  to
10    protection   against   self-incrimination   under  the  Fifth
11    Amendment of the United States  Constitution  or  Article  I,
12    Section 10, of the Constitution of the State of Illinois.

13        (93 HB3412enr. Sec. 20-80 new)
14        Sec.  20-80. Referrals of investigations. If an Executive
15    Inspector General  determines  that  any  alleged  misconduct
16    involves  any  person  not subject to the jurisdiction of the
17    Executive Ethics Commission, that Executive Inspector General
18    shall refer  the  reported  allegations  to  the  appropriate
19    Inspector  General,  appropriate  ethics commission, or other
20    appropriate  body.  If   an   Executive   Inspector   General
21    determines  that  any  alleged  misconduct  may  give rise to
22    criminal penalties, the  Executive  Inspector  General  shall
23    refer  the  allegations  regarding  that  misconduct  to  the
24    appropriate law enforcement authority.

25        (93 HB3412enr. Sec. 20-85 new)
26        Sec.  20-85.  Annual  reports.  Each  Executive Inspector
27    General shall submit an annual report to the executive branch
28    constitutional officers and the Executive Ethics  Commission,
29    on  a  date  determined  by  the Executive Ethics Commission,
30    indicating:
31             (1)  the number of allegations  received  since  the
32        date of the last report;
 
                            -29-     LRB093 12187 JAM 17367 b
 1             (2)  the  number  of  investigations initiated since
 2        the date of the last report;
 3             (3)  the number of  investigations  concluded  since
 4        the date of the last report;
 5             (4)  the  number of investigations pending as of the
 6        reporting date; and
 7             (5)  the number of  actions  filed  since  the  last
 8        report  and  the  number  of  actions  pending before the
 9        Commission as of the reporting date.

10        (93 HB3412enr. Sec. 20-90 new)
11        Sec. 20-90. Confidentiality.
12        (a)  The identity of any individual providing information
13    or  reporting  any  possible  or  alleged  misconduct  to  an
14    Executive Inspector General, the Executive Ethics Commission,
15    or the Executive Ethics Hotline shall  be  kept  confidential
16    and  may  not  be  disclosed  without  the  consent  of  that
17    individual,  unless  the individual consents to disclosure of
18    his or her name or disclosure of the individual's identity is
19    otherwise required by law.  The  confidentiality  granted  by
20    this  subsection  does  not  preclude  the  disclosure of the
21    identity of a person in any capacity other than as the source
22    of an allegation.
23        (b)  Commissioners,  employees,   and   agents   of   the
24    Executive   Ethics   Commission,   the  Executive  Inspectors
25    General, and employees  and  agents  of  each  Office  of  an
26    Executive Inspector General shall keep confidential and shall
27    not  disclose  information exempted from disclosure under the
28    Freedom of Information Act or by this Act.

29        (93 HB3412enr. Sec. 20-95 new)
30        Sec. 20-95. Exemptions.
31        (a)  Documents generated by an ethics officer under  this
32    Act  are  exempt  from  the  provisions  of  the  Freedom  of
 
                            -30-     LRB093 12187 JAM 17367 b
 1    Information Act.
 2        (b)  Any  allegations  and related documents submitted to
 3    an Executive Inspector General and any pleadings and  related
 4    documents  brought before the Executive Ethics Commission are
 5    exempt from the provisions of the Freedom of Information  Act
 6    so  long  as  the Executive Ethics Commission does not make a
 7    finding of a violation of this Act. If the  Executive  Ethics
 8    Commission  finds  that  a violation has occurred, the entire
 9    record of proceedings before the Commission, the decision and
10    recommendation, and the mandatory report from the agency head
11    or ultimate jurisdictional authority to the Executive  Ethics
12    Commission  are not exempt from the provisions of the Freedom
13    of Information Act but information contained therein that  is
14    otherwise  exempt from the Freedom of Information Act must be
15    redacted before disclosure as provided in Section  8  of  the
16    Freedom of Information Act.
17        (c)  Meetings  of  the Commission under Sections 20-5 and
18    20-15 of this Act are exempt from the provisions of the  Open
19    Meetings Act.
20        (d)  Unless   otherwise   provided   in   this  Act,  all
21    investigatory files and reports of the Office of an Executive
22    Inspector   General,   other   than   annual   reports,   are
23    confidential, are exempt from disclosure under the Freedom of
24    Information Act, and shall not be divulged to any  person  or
25    agency,  except  as  necessary  (i)  to  the  appropriate law
26    enforcement authority if the matter is referred  pursuant  to
27    this  Act, (ii) to the ultimate jurisdiction authority, (iii)
28    to the  Executive  Ethics  Commission;  or  (iv)  to  another
29    Inspector General appointed pursuant to this Act.

30        (93 HB3412enr. Art. 25 heading new)
31                             ARTICLE 25
32                  LEGISLATIVE ETHICS COMMISSION AND
33                    LEGISLATIVE INSPECTOR GENERAL
 
                            -31-     LRB093 12187 JAM 17367 b
 1        (93 HB3412enr. Sec. 25-5 new)
 2        Sec. 25-5. Legislative Ethics Commission.
 3        (a) The Legislative Ethics Commission is created.
 4        (b)  The Legislative Ethics Commission shall consist of 8
 5    commissioners appointed 2 each by the President and  Minority
 6    Leader  of  the Senate and the Speaker and Minority Leader of
 7    the House of Representatives.
 8        The terms of the initial commissioners shall commence  on
 9    July  1,  2003. Each appointing authority shall designate one
10    appointee who shall serve for a 2-year term  running  through
11    June  30, 2005. Each appointing authority shall designate one
12    appointee who shall serve for a 4-year term  running  through
13    June  30, 2007. The initial appointments shall be made within
14    60 days after the effective date of this Act.
15        After the initial terms, commissioners  shall  serve  for
16    4-year  terms commencing on July 1 of the year of appointment
17    and running through June 30 of  the  fourth  following  year.
18    Commissioners  may  be  reappointed to one or more subsequent
19    terms.
20        Vacancies occurring other than at the end of a term shall
21    be filled by the appointing authority only for the balance of
22    the term of the commissioner whose office is vacant.
23        Terms shall run regardless of  whether  the  position  is
24    filled.
25        (c)    The    appointing    authorities   shall   appoint
26    commissioners who have experience holding governmental office
27    or  employment  and  shall  appoint  commissioners  from  the
28    general public. A person  is  not  eligible  to  serve  as  a
29    commissioner  if  that  person  (i)  has  been convicted of a
30    felony or a crime of dishonesty or moral turpitude, (ii)  is,
31    or  was within the preceding 12 months, engaged in activities
32    that require registration  under  the  Lobbyist  Registration
33    Act, (iii) is a relative of the appointing authority, or (iv)
34    is a State officer or employee.
 
                            -32-     LRB093 12187 JAM 17367 b
 1        (d)   The   Legislative   Ethics  Commission  shall  have
 2    jurisdiction over members of the General Assembly  and    all
 3    State  employees  whose  ultimate jurisdictional authority is
 4    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
 5    Commission,  or  (iii)  the  Joint  Committee  on Legislative
 6    Support Services.  The  jurisdiction  of  the  Commission  is
 7    limited to matters arising under this Act.
 8        (e)  The  Legislative Ethics Commission must meet, either
 9    in person or by other technological means, at  least  monthly
10    and  as  often  as  necessary.  At  the  first meeting of the
11    Legislative Ethics Commission, the commissioners shall choose
12    from their number a chairperson and other officers that  they
13    deem  appropriate. The terms of officers shall be for 2 years
14    commencing July 1 and running through June 30 of  the  second
15    following  year.  Meetings  shall  be held at the call of the
16    chairperson or any 3 commissioners. Official  action  by  the
17    Commission   shall   require   the   affirmative  vote  of  5
18    commissioners, and a quorum shall consist of 5 commissioners.
19    Commissioners shall  receive  no  compensation,  but  may  be
20    reimbursed for their reasonable expenses actually incurred in
21    the performance of their duties.
22        (f) No commissioner or employee of the Legislative Ethics
23    Commission  may  during  his  or  her  term of appointment or
24    employment:
25             (1) become a candidate for any elective office;
26             (2) hold  any  other  elected  or  appointed  public
27        office  except  for appointments on governmental advisory
28        boards or study commissions  or  as  otherwise  expressly
29        authorized by law;
30             (3)  be  actively  involved  in  the  affairs of any
31        political party or political organization; or
32             (4) actively participate in  any  campaign  for  any
33        elective office.
34        (g)  An  appointing  authority  may remove a commissioner
 
                            -33-     LRB093 12187 JAM 17367 b
 1    only for cause.
 2        (h) The Legislative Ethics Commission  shall  appoint  an
 3    Executive   Director.   The  compensation  of  the  Executive
 4    Director shall be as determined by the Commission or  by  the
 5    Compensation  Review  Board,  whichever amount is higher. The
 6    Executive Director of the Legislative Ethics  Commission  may
 7    employ   and   determine   the   compensation  of  staff,  as
 8    appropriations permit.

 9        (93 HB3412enr. Sec. 25-10 new)
10        Sec. 25-10. Office of Legislative Inspector General.
11        (a)  The Office of the Legislative Inspector  General  is
12    created.   The  Office  shall  be  under  the  direction  and
13    supervision of the Legislative Inspector General.
14        (b)  The Legislative Inspector General shall be appointed
15    without regard to political affiliation  and  solely  on  the
16    basis  of integrity and demonstrated ability. The Legislative
17    Ethics  Commission  shall  diligently  search  out  qualified
18    candidates for Legislative Inspector General and  shall  make
19    recommendations to the General Assembly.
20        The Legislative Inspector General shall be appointed by a
21    joint   resolution   of   the   Senate   and   the  House  of
22    Representatives, which may specify  the  date  on  which  the
23    appointment  takes  effect.  A  joint  resolution,  or  other
24    document  as  may  be  specified  by  the  Joint Rules of the
25    General  Assembly,  appointing  the   Legislative   Inspector
26    General  must  be  certified  by  the Speaker of the House of
27    Representatives and the President of  the  Senate  as  having
28    been  adopted  by the affirmative vote of three-fifths of the
29    members elected to each house,  respectively,  and  be  filed
30    with   the   Secretary  of  State.  The  appointment  of  the
31    Legislative Inspector General takes effect  on  the  day  the
32    appointment  is completed by the General Assembly, unless the
33    appointment specifies a later date on which it is  to  become
 
                            -34-     LRB093 12187 JAM 17367 b
 1    effective.
 2        The   Legislative   Inspector   General  shall  have  the
 3    following qualifications:
 4             (1)  has not been convicted  of any felony under the
 5        laws of this State, another State, or the United States;
 6             (2)  has  earned  a  baccalaureate  degree  from  an
 7        institution of higher education; and
 8             (3)  has either (A) 5 or more years of service  with
 9        a  federal,  State,  or  local law enforcement agency, at
10        least 2  years  of  which  have  been  in  a  progressive
11        investigatory capacity; (B) 5 or more years of service as
12        a  federal,  State, or local prosecutor; or (C) 5 or more
13        years of service as a senior manager or  executive  of  a
14        federal, State, or local agency.
15        The  Legislative  Inspector General may not be a relative
16    of a commissioner.
17        The term of the  initial  Legislative  Inspector  General
18    shall commence on July 1, 2003 and shall run through June 30,
19    2008.
20        After the initial term, the Legislative Inspector General
21    shall serve for 5-year terms commencing on July 1 of the year
22    of  appointment  and  running  through  June  30 of the fifth
23    following year. The  Legislative  Inspector  General  may  be
24    reappointed to one or more subsequent terms.
25        A vacancy occurring other than at the end of a term shall
26    be  filled  in the same manner as an appointment only for the
27    balance of the term  of  the  Legislative  Inspector  General
28    whose office is vacant.
29        Terms  shall  run  regardless  of whether the position is
30    filled.
31        (c)  The  Legislative  Inspector   General   shall   have
32    jurisdiction over the members of the General Assembly and all
33    State  employees  whose  ultimate jurisdictional authority is
34    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
 
                            -35-     LRB093 12187 JAM 17367 b
 1    Commission,  or  (iii)  the  Joint  Committee  on Legislative
 2    Support Services.
 3        The jurisdiction of the Legislative Inspector General  is
 4    limited to investigating conduct alleged to violate this Act.
 5        (d)  The   compensation   of  the  Legislative  Inspector
 6    General shall be determined by  the  Commission.  Subject  to
 7    Section  25-45 of this Act, the Legislative Inspector General
 8    has full authority to organize the Office of the  Legislative
 9    Inspector General, including the employment and determination
10    of  the  compensation of staff, such as deputies, assistants,
11    and other employees, as appropriations permit.
12        (e)  No Legislative Inspector General or employee of  the
13    Office  of  the Legislative Inspector General may, during his
14    or her term of appointment or employment:
15             (1)  become a candidate for any elective office;
16             (2)  hold any  other  elected  or  appointed  public
17        office  except  for appointments on governmental advisory
18        boards or study commissions  or  as  otherwise  expressly
19        authorized by law;
20             (3)  be  actively  involved  in  the  affairs of any
21        political party or political organization; or
22             (4)  actively participate in any  campaign  for  any
23        elective office.
24        (f)  The  Commission may remove the Legislative Inspector
25    General only for cause.

26        (93 HB3412enr. Sec. 25-15 new)
27        Sec. 25-15. Duties of the Legislative Ethics  Commission.
28    In   addition  to  duties  otherwise  assigned  by  law,  the
29    Legislative  Ethics  Commission  shall  have  the   following
30    duties:
31        (1)  To promulgate rules governing the performance of its
32    duties and the exercise  of  its  powers  and  governing  the
33    investigations of the Legislative Inspector General.
 
                            -36-     LRB093 12187 JAM 17367 b
 1        (2)  To  conduct  administrative  hearings  and  rule  on
 2    matters  brought  before the Commission only upon the receipt
 3    of pleadings filed by the Legislative Inspector  General  and
 4    not  upon  its  own  prerogative.  Any  other  allegations of
 5    misconduct received by the Commission  from  a  person  other
 6    than  the  Legislative Inspector General shall be referred to
 7    the Office of the Legislative Inspector General.
 8        (3) To  prepare  and  publish  manuals  and  guides  and,
 9    working  with  the  Office  of  the Attorney General, oversee
10    training of employees under its  jurisdiction  that  explains
11    their duties.
12        (4) To prepare public information materials to facilitate
13    compliance, implementation, and enforcement of this Act.
14        (5) To submit reports as required by this Act.
15        (6)  To  make  rulings, issue recommendations, and impose
16    administrative fines, if appropriate, in connection with  the
17    implementation and interpretation of this Act. The powers and
18    duties  of  the  Commission  are  limited  to matters clearly
19    within the purview of this Act.
20        (7) To issue subpoenas with respect  to  matters  pending
21    before  the  Commission,  subject  to  the provisions of this
22    Article and in the discretion of the  Commission,  to  compel
23    the attendance of witnesses for purposes of testimony and the
24    production  of  documents  and other items for inspection and
25    copying.

26        (93 HB3412enr. Sec. 25-20 new)
27        Sec. 25-20. Duties of the Legislative Inspector  General.
28    In   addition  to  duties  otherwise  assigned  by  law,  the
29    Legislative  Inspector  General  shall  have  the   following
30    duties:
31        (1)  To receive and investigate allegations of violations
32    of this Act. The Legislative Inspector  General  may  receive
33    information  through  the Office of the Legislative Inspector
 
                            -37-     LRB093 12187 JAM 17367 b
 1    General,  through  an  ethics  commission,  or  through   the
 2    Legislative Ethics Hotline. An investigation may be conducted
 3    only  in  response to information reported to the Legislative
 4    Inspector General as provided in this Section  and  not  upon
 5    his or her own prerogative. The Legislative Inspector General
 6    shall  have the discretion to determine the appropriate means
 7    of investigation as permitted by law.
 8        (2)  To request information relating to an  investigation
 9    from  any person when the Legislative Inspector General deems
10    that information necessary in conducting an investigation.
11        (3)  To issue  subpoenas  to  compel  the  attendance  of
12    witnesses  for  the  purposes  of testimony and production of
13    documents and other items for inspection and copying.
14        (4)  To submit reports as required by this Act.
15        (5)  After finding probable cause, to file  pleadings  in
16    the  name  of  the  Legislative  Inspector  General  with the
17    Legislative Ethics Commission, through the Attorney  General,
18    as provided in this Article.
19        (6)  To  assist  and  coordinate  the ethics officers for
20    State agencies under  the  jurisdiction  of  the  Legislative
21    Inspector General and to work with those ethics officers.
22        (7)  To  participate  in  or  conduct,  when appropriate,
23    multi-jurisdictional investigations.
24        (8)  To request, as  the  Legislative  Inspector  General
25    deems  appropriate,  from  ethics  officers of State agencies
26    under his or her  jurisdiction, reports or information on (i)
27    the content of a State agency's ethics training  program  and
28    (ii)  the  percentage  of new officers and employees who have
29    completed ethics training.

30        (93 HB3412enr. Sec. 25-23 new)
31        Sec. 25-23.  Ethics Officers. The President and  Minority
32    Leader  of  the Senate and the Speaker and Minority Leader of
33    the House of Representatives shall  each  appoint  an  ethics
 
                            -38-     LRB093 12187 JAM 17367 b
 1    officer for the legislative members of his or her legislative
 2    caucus.  The head of each State agency under the jurisdiction
 3    of the Legislative Ethics Commission, other than the  General
 4    Assembly,  shall  designate  an  ethics officer for the State
 5    agency. Ethics Officers shall:
 6             (1)  act as liaisons between the  State  agency  and
 7        the  Legislative  Inspector General and between the State
 8        agency and the Legislative Ethics Commission;
 9             (2)  review  statements  of  economic  interest  and
10        disclosure  forms  of  officers,  senior  employees,  and
11        contract  monitors  before  they  are  filed   with   the
12        Secretary of State; and
13             (3)  provide  guidance  to officers and employees in
14        the interpretation and implementation of this  Act.  Such
15        guidance  shall  be  based,  wherever  possible, upon the
16        findings  and  opinions   of   the   Legislative   Ethics
17        Commission.

18        (93 HB3412enr. Sec. 25-25 new)
19        Sec.  25-25.  Legislative Ethics Hotline. The Legislative
20    Ethics Commission  shall  create  and  maintain  a  toll-free
21    Legislative  Ethics  Hotline  for  the  purpose  of receiving
22    reports of allegations relating to  conduct  subject  to  the
23    jurisdiction   of  the  Legislative  Ethics  Commission.  The
24    Commission shall transmit  each  report  to  the  appropriate
25    Inspector  General  or  other  ethics  commission in a timely
26    manner.

27        (93 HB3412enr. Sec. 25-35 new)
28        Sec. 25-35. Administrative subpoena; compliance. A person
29    duly subpoenaed for testimony, documents, or other items  who
30    neglects  or refuses to testify or produce documents or other
31    items under the requirements of the subpoena shall be subject
32    to punishment as may be determined by a  court  of  competent
 
                            -39-     LRB093 12187 JAM 17367 b
 1    jurisdiction, unless the testimony, documents, or other items
 2    are  covered  by  the  attorney-client privilege or any other
 3    privilege or right recognized by law. Nothing in this Section
 4    limits   a   person's    right    to    protection    against
 5    self-incrimination  under  the  Fifth Amendment of the United
 6    States  Constitution  or  Article  I,  Section  10,  of   the
 7    Constitution of the State of Illinois.

 8        (93 HB3412enr. Sec. 25-45 new)
 9        Sec. 25-45. Standing; representation.
10        (a)  Only  the  Legislative  Inspector  General may bring
11    actions before the Legislative Ethics Commission.
12        (b)  The Attorney General shall represent the Legislative
13    Inspector General in all proceedings before  the  Commission,
14    except  that the Attorney General may appoint special counsel
15    to represent the Legislative  Inspector  General  before  the
16    Commission  if  the  Attorney  General  deems it necessary to
17    avoid  any  actual,  potential,  or  perceived  conflict   of
18    interest.
19        (c)  Attorneys  or  special counsel serving in the Office
20    of the Legislative Inspector General shall  be  appointed  or
21    retained   by  the  Attorney  General,  shall  be  under  the
22    supervision, direction, and control of the Attorney  General,
23    and  shall serve at the pleasure of the Attorney General. The
24    compensation of any assistant attorneys and  special  counsel
25    appointed  or  retained  in  accordance  with this subsection
26    shall be paid by the  Office  of  the  Legislative  Inspector
27    General.
28        (d)  Any  State employee or officer named as a respondent
29    in a complaint is entitled to reimbursement for  his  or  her
30    reasonable  attorney's fees and expenses in defending against
31    the  complaint  if  that  respondent  is  not  found  by  the
32    Commission to have violated this Act.
 
                            -40-     LRB093 12187 JAM 17367 b
 1        (93 HB3412enr. Sec. 25-50 new)
 2        Sec. 25-50.  Investigation reports; complaint procedure.
 3        (a)  If  the  Legislative  Inspector  General,  upon  the
 4    conclusion of  an  investigation,  determines  that  probable
 5    cause  exists  to  file pleadings with the Legislative Ethics
 6    Commission, then  the  Legislative  Inspector  General  shall
 7    issue a summary report of the investigation. The report shall
 8    be  delivered  to  the  appropriate  ultimate  jurisdictional
 9    authority and to the head of each State agency affected by or
10    involved in the investigation, if appropriate.
11        (b)  The   summary  report  of  the  investigation  shall
12    include the following:
13             (1)  A  description  of  any  allegations  or  other
14        information received by the Legislative Inspector General
15        pertinent to the investigation.
16             (2)  A  description  of   any   alleged   misconduct
17        discovered in the course of the investigation.
18             (3)  Recommendations    for    any   corrective   or
19        disciplinary action  to  be  taken  in  response  to  any
20        alleged misconduct described in the report, including but
21        not limited to discharge.
22             (4)  Other  information  the  Legislative  Inspector
23        General  deems relevant to the investigation or resulting
24        recommendations.
25        (c)  Not less than 30 days after delivery of the  summary
26    report   of   an  investigation  under  subsection  (a),  the
27    Legislative Inspector General, represented  by  the  Attorney
28    General,  may  file  with the Legislative Ethics Commission a
29    petition for leave to file a complaint.  The  petition  shall
30    set forth the alleged violation and the grounds that exist to
31    support  probable  cause.  The  petition  for leave to file a
32    complaint must be filed with the Commission within 18  months
33    after an alleged violation of this Act.
34        (d)  A  copy  of  the  petition  must  be  served  on all
 
                            -41-     LRB093 12187 JAM 17367 b
 1    respondents named in the complaint and on  each  respondent's
 2    ultimate  jurisdictional  authority  in  the  same  manner as
 3    process is served under the Code of Civil Procedure.
 4        (e)  A respondent may file objections to the petition for
 5    leave to file a complaint within 30 days after notice of  the
 6    petition has been served on the respondent.
 7        (f)  The  Commission  shall  meet, either in person or by
 8    telephone, in a closed session to review the  sufficiency  of
 9    the  complaint.  If  the  Commission  finds that complaint is
10    sufficient, the Commission shall grant the petition for leave
11    to file the complaint. The Commission shall issue  notice  to
12    the  Legislative Inspector General and all respondents of the
13    Commission's ruling on the sufficiency of the  complaint.  If
14    the complaint is deemed to sufficiently allege a violation of
15    this  Act,  then  the Commission shall notify the parties and
16    shall include a hearing date scheduled within 4  weeks  after
17    the  date of the notice, unless all of the parties consent to
18    a later date. If the complaint is deemed not to  sufficiently
19    allege  a  violation,  then  the  Commission  shall  send  by
20    certified  mail,  return  receipt  requested, a notice to the
21    parties of the decision to dismiss the  complaint,  and  that
22    notice shall be made public.
23        (g)  On the scheduled date the Commission shall conduct a
24    closed  meeting, either in person or, if the parties consent,
25    by telephone, on the complaint  and  allow  all  parties  the
26    opportunity  to  present  testimony  and  evidence.  All such
27    proceedings shall be transcribed.
28        (h)  Within an appropriate time limit set by rules of the
29    Legislative  Ethics  Commission,  the  Commission  shall  (i)
30    dismiss the complaint  or  (ii)  issue  a  recommendation  of
31    discipline  to  the  respondent and the respondent's ultimate
32    jurisdictional authority or  impose  an  administrative  fine
33    upon the respondent, or both.
34        (i)  The  proceedings  on  any  complaint  filed with the
 
                            -42-     LRB093 12187 JAM 17367 b
 1    Commission shall be conducted pursuant to  rules  promulgated
 2    by the Commission.
 3        (j)  The  Commission  may  designate  hearing officers to
 4    conduct proceeding as determined by rule of the Commission.
 5        (k)  In  all  proceedings  before  the  Commission,   the
 6    standard of proof is by a preponderance of the evidence.

 7        (93 HB3412enr. Sec. 25-55 new)
 8        Sec. 25-55. Decisions; recommendations.
 9        (a)  All  decisions  of the Legislative Ethics Commission
10    must include a description of  the  alleged  misconduct,  the
11    decision  of  the  Commission, including any fines levied and
12    any recommendation of discipline, and the reasoning for  that
13    decision.  All decisions of the Commission shall be delivered
14    to the head of the appropriate State agency, the  appropriate
15    ultimate   jurisdictional   authority,  and  the  Legislative
16    Inspector General. The Legislative  Ethics  Commission  shall
17    promulgate rules for the decision and recommendation process.
18        (b)   If  the  Legislative  Ethics  Commission  issues  a
19    recommendation of discipline to an agency  head  or  ultimate
20    jurisdictional   authority,  that  agency  head  or  ultimate
21    jurisdictional authority must respond to that  recommendation
22    in  30 days with a written response to the Legislative Ethics
23    Commission.  This  response  must  include  any  disciplinary
24    action the agency head or ultimate  jurisdictional  authority
25    has  taken  with  respect  to  the  officer  or  employee  in
26    question.  If  the  agency  head  or  ultimate jurisdictional
27    authority did not take any disciplinary  action,  or  took  a
28    different  disciplinary  action  than that recommended by the
29    Legislative Ethics Commission, the agency  head  or  ultimate
30    jurisdictional  authority  must describe the different action
31    and explain the reasons  for  the  different  action  in  the
32    written  response.  This  response  must  be  served upon the
33    Legislative Ethics Commission and the  Legislative  Inspector
 
                            -43-     LRB093 12187 JAM 17367 b
 1    General  within  the 30-day period and is not exempt from the
 2    provisions of the Freedom of Information Act.

 3        (93 HB3412enr. Sec. 25-60 new)
 4        Sec. 25-60. Appeals. A decision of the Legislative Ethics
 5    Commission to impose a fine is  subject  to  judicial  review
 6    under  the  Administrative Review Law. All other decisions by
 7    the Legislative Ethics Commission are final and  not  subject
 8    to review either administratively or judicially.

 9        (93 HB3412enr. Sec. 25-65 new)
10        Sec. 25-65. Investigations not concluded within 6 months.
11    If  any  investigation is not concluded within 6 months after
12    its  initiation,  the  Legislative  Inspector  General  shall
13    notify the  Legislative  Ethics  Commission  and  appropriate
14    ultimate  jurisdictional  authority  of the general nature of
15    the  allegation   or   information   giving   rise   to   the
16    investigation  and  the  reasons  for failure to complete the
17    investigation within 6 months.

18        (93 HB3412enr. Sec. 25-70 new)
19        Sec. 25-70. Cooperation in investigations. It is the duty
20    of every officer and employee under the jurisdiction  of  the
21    Legislative   Inspector   General,  including  any  inspector
22    general serving in any State agency under the jurisdiction of
23    the Legislative Inspector  General,  to  cooperate  with  the
24    Legislative Inspector General in any investigation undertaken
25    pursuant   to   this   Act.  Failure  to  cooperate  with  an
26    investigation of the Legislative Inspector General is grounds
27    for disciplinary  action,  including  dismissal,  unless  the
28    failure  is  based  on  the  attorney-client privilege or any
29    other privilege or right recognized by law.
30        Nothing in  this  Section  limits  a  person's  right  to
31    protection   against   self-incrimination   under  the  Fifth
 
                            -44-     LRB093 12187 JAM 17367 b
 1    Amendment of the United States  Constitution  or  Article  I,
 2    Section 10, of the Constitution of the State of Illinois.

 3        (93 HB3412enr. Sec. 25-80 new)
 4        Sec.   25-80.   Referrals   of   investigations.  If  the
 5    Legislative Inspector General  determines  that  any  alleged
 6    misconduct   involves   any   person   not   subject  to  the
 7    jurisdiction  of  the  Legislative  Ethics  Commission,   the
 8    Legislative   Inspector  General  shall  refer  the  reported
 9    allegations to the appropriate  ethics  commission  or  other
10    appropriate   body.  If  the  Legislative  Inspector  General
11    determines that any  alleged  misconduct  may  give  rise  to
12    criminal  penalties,  the Legislative Inspector General shall
13    refer  the  allegations  regarding  that  misconduct  to  the
14    appropriate law enforcement authority.

15        (93 HB3412enr. Sec. 25-85 new)
16        Sec. 25-85. Annual  reports.  The  Legislative  Inspector
17    General shall submit an annual report to the General Assembly
18    and  the  Legislative Ethics Commission, on a date determined
19    by the Legislative Ethics Commission, indicating:
20             (1)  the number of allegations  received  since  the
21        date of the last report;
22             (2)  the  number  of  investigations initiated since
23        the date of the last report;
24             (3)  the number of  investigations  concluded  since
25        the date of the last report;
26             (4)  the  number of investigations pending as of the
27        reporting date; and
28             (5)  the number of  actions  filed  since  the  last
29        report  and  the  number  of  actions  pending before the
30        Commission as of the reporting date.

31        (93 HB3412enr. Sec. 25-90 new)
 
                            -45-     LRB093 12187 JAM 17367 b
 1        Sec. 25-90. Confidentiality.
 2        (a)  The identity of any individual providing information
 3    or reporting  any  possible  or  alleged  misconduct  to  the
 4    Legislative   Inspector   General,   the  Legislative  Ethics
 5    Commission, or the Legislative Ethics Hotline shall  be  kept
 6    confidential  and may not be disclosed without the consent of
 7    that individual, unless the individual consents to disclosure
 8    of his or her name or disclosure of the individual's identity
 9    is otherwise required by law. The confidentiality granted  by
10    this  subsection  does  not  preclude  the  disclosure of the
11    identity of a person in any capacity other than as the source
12    of an allegation.
13        (b)  Commissioners,  employees,   and   agents   of   the
14    Legislative  Ethics  Commission,  the  Legislative  Inspector
15    General,  and  employees  and  agents  of  the  Office of the
16    Legislative Inspector General  shall  keep  confidential  and
17    shall not disclose information exempted from disclosure under
18    the Freedom of Information Act or by this Act.

19        (93 HB3412enr. Sec. 25-95 new)
20        Sec. 25-95. Exemptions.
21        (a)  Documents  generated by an ethics officer under this
22    Act  are  exempt  from  the  provisions  of  the  Freedom  of
23    Information Act.
24        (b)  Any allegations and related documents  submitted  to
25    the  Legislative  Inspector  General  and  any  pleadings and
26    related  documents  brought  before  the  Legislative  Ethics
27    Commission are exempt from the provisions of the  Freedom  of
28    Information  Act so long as the Legislative Ethics Commission
29    does not make a finding of a violation of this  Act.  If  the
30    Legislative  Ethics  Commission  finds  that  a violation has
31    occurred,  the  entire  record  of  proceedings  before   the
32    Commission,   the   decision   and  recommendation,  and  the
33    mandatory  report  from   the   agency   head   or   ultimate
 
                            -46-     LRB093 12187 JAM 17367 b
 1    jurisdictional authority to the Legislative Ethics Commission
 2    are  not  exempt  from  the  provisions  of  the  Freedom  of
 3    Information  Act  but  information  contained therein that is
 4    exempt from the Freedom of Information Act must  be  redacted
 5    before  disclosure as provided in Section 8 of the Freedom of
 6    Information Act.
 7        (c)  Meetings of the Commission under Sections  25-5  and
 8    25-15  of this Act are exempt from the provisions of the Open
 9    Meetings Act.
10        (d)  Unless  otherwise  provided   in   this   Act,   all
11    investigatory   files  and  reports  of  the  Office  of  the
12    Legislative Inspector General, other than annual reports, are
13    confidential, are exempt from disclosure under the Freedom of
14    Information Act, and shall not be divulged to any  person  or
15    agency,  except  as  necessary  (i)  to  the  appropriate law
16    enforcement authority if the matter is referred  pursuant  to
17    this  Act,  (ii)  to  the ultimate jurisdiction authority, or
18    (iii) to the Legislative Ethics Commission.

19        (93 HB3412enr. Art. 30 heading new)
20                             ARTICLE 30
21                           AUDITOR GENERAL

22        (93 HB3412enr. Sec. 30-5 new)
23        Sec. 30-5.  Appointment of Inspector General.
24        (a)  The  Auditor  General  shall  appoint  an  Inspector
25    General (i)  to  investigate  allegations  of  violations  of
26    Articles  5  and 10 by State officers and employees under his
27    or her jurisdiction and (ii)  to  perform  other  duties  and
28    exercise  other  powers assigned to the Inspectors General by
29    this or  any  other  Act.  The  Inspector  General  shall  be
30    appointed  within  6  months after the effective date of this
31    Act.
32        (b)  The Auditor General shall provide by  rule  for  the
 
                            -47-     LRB093 12187 JAM 17367 b
 1    operation of his or her Inspector General.
 2        (c)  The   Auditor   General   may  appoint  an  existing
 3    inspector general as the Inspector General required  by  this
 4    Article,  provided  that  such  an  inspector  general is not
 5    prohibited by  law,  rule,  jurisdiction,  qualification,  or
 6    interest  from  serving  as the Inspector General required by
 7    this Article.
 8        The Auditor General may not appoint  a  relative  as  the
 9    Inspector General required by this Article.

10        (93 HB3412enr. Sec. 30-10 new)
11        Sec.  30-10.  Ethics  Officers. The Auditor General shall
12    designate an Ethics Officer for the  office  of  the  Auditor
13    General. The ethics officer shall:
14             (1)  act  as  liaison  between  the  Office  of  the
15        Auditor General and the Inspector General appointed under
16        this Article;
17             (2)  review  statements  of  economic  interest  and
18        disclosure  forms  of  officers,  senior  employees,  and
19        contract   monitors   before  they  are  filed  with  the
20        Secretary of State; and
21             (3)  provide guidance to officers and  employees  in
22        the interpretation and implementation of this Act.

23        (93 HB3412enr. Art. 50, Sec. 50-5)
24        Sec. 50-5.  Penalties.
25        (a)  A  person is guilty of a Class A misdemeanor if that
26    person intentionally violates any provision of Section  5-15,
27    5-30, 5-40, or 5-45 or Article 15.
28        (b)  A person who intentionally violates any provision of
29    Section  5-20 or Section 5-35 is guilty of a business offense
30    subject to a fine of at least $1,001 and up to $5,000.
31        (c)  A person who intentionally violates any provision of
32    Article 10 is guilty of a business offense and subject  to  a
 
                            -48-     LRB093 12187 JAM 17367 b
 1    fine of at least $1,001 and up to $5,000.
 2        (d)  Any  person  who  intentionally makes a false report
 3    alleging a violation of any  provision  of  this  Act  to  an
 4    ethics  commission, an inspector general, the State Police, a
 5    State's Attorney, the Attorney  General,  or  any  other  law
 6    enforcement official is guilty of a Class A misdemeanor.
 7        (e)  An ethics commission may levy an administrative fine
 8    of up to $5,000 against any person who violates this Act, who
 9    intentionally  obstructs  or interferes with an investigation
10    conducted under this Act by  an  inspector  general,  or  who
11    intentionally  makes  a  false  or  frivolous allegation of a
12    violation of this Act.
13        (f)  In addition to any other  penalty  that  may  apply,
14    whether  criminal  or  civil,  a director, a supervisor, or a
15    State employee who intentionally violates  any  provision  of
16    Section  5-15,  5-20,  5-30,  5-35,  or 5-40 or Article 10 or
17    Article 15 is subject  to  discipline  or  discharge  by  the
18    appropriate ultimate jurisdictional authority.
19        Penalties.
20        (a)  A  person is guilty of a Class A misdemeanor if that
21    person intentionally violates any provision of Section  5-15,
22    5-30, 5-40, or 5-45 or Article 15.
23        (b)  A person who intentionally violates any provision of
24    Section  5-20 or Section 5-35 is guilty of a business offense
25    subject to a fine of at least $1,001 and up to $5,000.
26        (c)  In addition to any other  penalty  that  may  apply,
27    whether  criminal  or  civil,  a director, a supervisor, or a
28    State employee who intentionally violates  any  provision  of
29    Section  5-15,  5-20,  5-30,  5-35,  or 5-40 or Article 15 is
30    subject  to  discipline  or  discharge  by  the   appropriate
31    ultimate jurisdictional authority.
32    (Source: 93HB3412enr.)

33        (93 HB3412enr. Art. 70, Sec. 70-5)
 
                            -49-     LRB093 12187 JAM 17367 b
 1        Sec. 70-5. Adoption by governmental entities.
 2        (a)  Within  6  months  after  the effective date of this
 3    Act, each governmental entity shall  adopt  an  ordinance  or
 4    resolution  that  regulates,  in a manner no less restrictive
 5    than Section 5-15  and  Article  10  of  this  Act,  (i)  the
 6    political   activities  of  officers  and  employees  of  the
 7    governmental entity and (ii) the soliciting and accepting  of
 8    gifts by and the offering and making of gifts to officers and
 9    employees of the governmental entity.
10        (b)  The  Attorney General shall develop model ordinances
11    and resolutions for the purpose of  this  Article  and  shall
12    advise governmental entities on their contents and adoption.
13        (c)  As  used  in this Article, (i) an "officer" means an
14    elected or appointed  official;  regardless  of  whether  the
15    official  is  compensated,  and  (ii)  an  "employee" means a
16    full-time, part-time, or contractual employee.
17    (Source: 93HB3412enr.)

18        (93 HB3412enr. Art. 70, Sec. 70-15)
19        Sec. 70-15. Home  rule  preemption.  This  Article  is  a
20    denial  and  limitation  of home rule powers and functions in
21    accordance with subsection (i) of Section 6 of Article VII of
22    the Illinois Constitution. A home rule unit may not  regulate
23    the  political  activities  of its officers and employees and
24    the soliciting, offering, accepting, and making of gifts in a
25    manner less restrictive than the provisions of this Act.
26    (Source: 93HB3412enr.)

27        Section 60.  If and only if House Bill 3412 as passed  by
28    the  93rd General Assembly becomes law, the Open Meetings Act
29    is amended by changing Section 1.02 as follows:

30        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
31        Sec. 1.02.  For the purposes of this Act:
 
                            -50-     LRB093 12187 JAM 17367 b
 1        "Meeting" means any gathering of a majority of  a  quorum
 2    of  the  members  of  a  public  body held for the purpose of
 3    discussing public business.
 4        "Public  body"  includes  all   legislative,   executive,
 5    administrative  or  advisory  bodies  of the State, counties,
 6    townships,  cities,  villages,  incorporated  towns,   school
 7    districts  and  all  other  municipal  corporations,  boards,
 8    bureaus,  committees  or  commissions  of this State, and any
 9    subsidiary bodies of any of the foregoing including  but  not
10    limited  to  committees and subcommittees which are supported
11    in whole or in part by  tax  revenue,  or  which  expend  tax
12    revenue,  except  the  General  Assembly  and  committees  or
13    commissions  thereof.  "Public  body" includes tourism boards
14    and convention or civic center  boards  located  in  counties
15    that are contiguous to the Mississippi River with populations
16    of  more  than  250,000 but less than 300,000.  "Public body"
17    includes the Health Facilities Planning Board.  "Public body"
18    does not include a child death review team  or  the  Illinois
19    Child  Death Review Teams Executive Council established under
20    the Child Death Review Team  Act  or  an  ethics  commission,
21    ethics  officer,  or ultimate jurisdictional authority acting
22    under the State Officials and Employees Ethics Act State Gift
23    Ban Act as provided by Section 80 of that Act.
24    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

25        Section 70.  If and only if House Bill 3412 as passed  by
26    the  93rd  General  Assembly  becomes  law,  the  Freedom  of
27    Information Act is amended by changing Section 7 as follows:

28        (5 ILCS 140/7) (from Ch. 116, par. 207)
29        Sec. 7.  Exemptions.
30        (1)  The  following  shall  be exempt from inspection and
31    copying:
32             (a)  Information   specifically   prohibited    from
 
                            -51-     LRB093 12187 JAM 17367 b
 1        disclosure   by   federal  or  State  law  or  rules  and
 2        regulations adopted under federal or State law.
 3             (b)  Information   that,   if    disclosed,    would
 4        constitute  a  clearly  unwarranted  invasion of personal
 5        privacy, unless the disclosure is consented to in writing
 6        by the  individual  subjects  of  the  information.   The
 7        disclosure of information that bears on the public duties
 8        of public employees and officials shall not be considered
 9        an  invasion  of  personal privacy.  Information exempted
10        under this  subsection  (b)  shall  include  but  is  not
11        limited to:
12                  (i)  files  and personal information maintained
13             with  respect  to  clients,   patients,   residents,
14             students  or  other  individuals  receiving  social,
15             medical,    educational,    vocational,   financial,
16             supervisory or custodial care or  services  directly
17             or   indirectly  from  federal  agencies  or  public
18             bodies;
19                  (ii)  personnel files and personal  information
20             maintained  with respect to employees, appointees or
21             elected officials of any public body  or  applicants
22             for those positions;
23                  (iii)  files     and    personal    information
24             maintained with respect to any applicant, registrant
25             or licensee by any public body cooperating  with  or
26             engaged     in    professional    or    occupational
27             registration, licensure or discipline;
28                  (iv)  information required of any  taxpayer  in
29             connection  with the assessment or collection of any
30             tax unless disclosure is otherwise required by State
31             statute; and
32                  (v)  information  revealing  the  identity   of
33             persons   who   file   complaints  with  or  provide
34             information to  administrative,  investigative,  law
 
                            -52-     LRB093 12187 JAM 17367 b
 1             enforcement  or  penal  agencies; provided, however,
 2             that  identification   of   witnesses   to   traffic
 3             accidents,  traffic  accident  reports,  and  rescue
 4             reports   may  be  provided  by  agencies  of  local
 5             government, except in a case for  which  a  criminal
 6             investigation  is  ongoing,  without  constituting a
 7             clearly unwarranted  per  se  invasion  of  personal
 8             privacy under this subsection.
 9             (c)  Records   compiled   by  any  public  body  for
10        administrative  enforcement  proceedings  and   any   law
11        enforcement  or  correctional  agency for law enforcement
12        purposes or for internal matters of a  public  body,  but
13        only to the extent that disclosure would:
14                  (i)  interfere  with  pending  or  actually and
15             reasonably contemplated law enforcement  proceedings
16             conducted  by  any  law  enforcement or correctional
17             agency;
18                  (ii)  interfere  with  pending   administrative
19             enforcement  proceedings  conducted  by  any  public
20             body;
21                  (iii)  deprive  a  person of a fair trial or an
22             impartial hearing;
23                  (iv)  unavoidably disclose the  identity  of  a
24             confidential   source  or  confidential  information
25             furnished only by the confidential source;
26                  (v)  disclose     unique     or     specialized
27             investigative techniques other than those  generally
28             used  and  known  or  disclose internal documents of
29             correctional   agencies   related   to    detection,
30             observation  or  investigation of incidents of crime
31             or misconduct;
32                  (vi)  constitute  an   invasion   of   personal
33             privacy under subsection (b) of this Section;
34                  (vii)  endanger  the life or physical safety of
 
                            -53-     LRB093 12187 JAM 17367 b
 1             law enforcement personnel or any other person; or
 2                  (viii)  obstruct    an     ongoing     criminal
 3             investigation.
 4             (d)  Criminal  history record information maintained
 5        by State or local criminal justice agencies,  except  the
 6        following  which  shall be open for public inspection and
 7        copying:
 8                  (i)  chronologically     maintained      arrest
 9             information,  such  as  traditional  arrest  logs or
10             blotters;
11                  (ii)  the name of a person in the custody of  a
12             law  enforcement  agency  and  the charges for which
13             that person is being held;
14                  (iii)  court records that are public;
15                  (iv)  records  that  are  otherwise   available
16             under State or local law; or
17                  (v)  records  in  which the requesting party is
18             the individual identified, except as provided  under
19             part  (vii)  of  paragraph  (c) of subsection (1) of
20             this Section.
21             "Criminal history  record  information"  means  data
22        identifiable   to   an   individual   and  consisting  of
23        descriptions  or  notations   of   arrests,   detentions,
24        indictments, informations, pre-trial proceedings, trials,
25        or  other formal events in the criminal justice system or
26        descriptions or notations of criminal charges  (including
27        criminal  violations  of  local municipal ordinances) and
28        the  nature  of  any   disposition   arising   therefrom,
29        including  sentencing, court or correctional supervision,
30        rehabilitation and release.  The term does not  apply  to
31        statistical  records and reports in which individuals are
32        not identified and from which their  identities  are  not
33        ascertainable,  or  to  information  that is for criminal
34        investigative or intelligence purposes.
 
                            -54-     LRB093 12187 JAM 17367 b
 1             (e)  Records that relate to or affect  the  security
 2        of correctional institutions and detention facilities.
 3             (f)  Preliminary   drafts,  notes,  recommendations,
 4        memoranda  and  other  records  in  which  opinions   are
 5        expressed,  or policies or actions are formulated, except
 6        that a specific record or relevant portion  of  a  record
 7        shall not be exempt when the record is publicly cited and
 8        identified  by the head of the public body. The exemption
 9        provided in this  paragraph  (f)  extends  to  all  those
10        records  of officers and agencies of the General Assembly
11        that pertain to the preparation of legislative documents.
12             (g)  Trade  secrets  and  commercial  or   financial
13        information  obtained from a person or business where the
14        trade secrets or information are proprietary,  privileged
15        or confidential, or where disclosure of the trade secrets
16        or  information may cause competitive harm, including all
17        information determined to be confidential  under  Section
18        4002  of  the Technology Advancement and Development Act.
19        Nothing  contained  in  this  paragraph  (g)   shall   be
20        construed to prevent a person or business from consenting
21        to disclosure.
22             (h)  Proposals  and bids for any contract, grant, or
23        agreement,  including  information  which  if   it   were
24        disclosed   would   frustrate   procurement  or  give  an
25        advantage  to  any  person  proposing  to  enter  into  a
26        contractor agreement with the body,  until  an  award  or
27        final  selection is made.  Information prepared by or for
28        the body in preparation of a bid  solicitation  shall  be
29        exempt until an award or final selection is made.
30             (i)  Valuable formulae, computer geographic systems,
31        designs,  drawings and research data obtained or produced
32        by any public body when disclosure  could  reasonably  be
33        expected to produce private gain or public loss.
34             (j)  Test   questions,   scoring   keys   and  other
 
                            -55-     LRB093 12187 JAM 17367 b
 1        examination  data  used   to   administer   an   academic
 2        examination   or  determined  the  qualifications  of  an
 3        applicant for a license or employment.
 4             (k)  Architects'  plans  and  engineers'   technical
 5        submissions  for projects not constructed or developed in
 6        whole or in part  with  public  funds  and  for  projects
 7        constructed or developed with public funds, to the extent
 8        that disclosure would compromise security.
 9             (l)  Library    circulation    and   order   records
10        identifying library users with specific materials.
11             (m)  Minutes of meetings of public bodies closed  to
12        the public as provided in the Open Meetings Act until the
13        public  body  makes  the  minutes available to the public
14        under Section 2.06 of the Open Meetings Act.
15             (n)  Communications between a  public  body  and  an
16        attorney  or  auditor  representing  the public body that
17        would not be subject  to  discovery  in  litigation,  and
18        materials prepared or compiled by or for a public body in
19        anticipation  of  a  criminal,  civil  or  administrative
20        proceeding  upon  the request of an attorney advising the
21        public body, and  materials  prepared  or  compiled  with
22        respect to internal audits of public bodies.
23             (o)  Information  received by a primary or secondary
24        school, college or university under  its  procedures  for
25        the  evaluation  of  faculty  members  by  their academic
26        peers.
27             (p)  Administrative   or    technical    information
28        associated  with  automated  data  processing operations,
29        including  but  not  limited   to   software,   operating
30        protocols,  computer  program  abstracts,  file  layouts,
31        source  listings,  object  modules,  load  modules,  user
32        guides,  documentation  pertaining  to  all  logical  and
33        physical   design   of   computerized  systems,  employee
34        manuals, and any other information  that,  if  disclosed,
 
                            -56-     LRB093 12187 JAM 17367 b
 1        would  jeopardize  the security of the system or its data
 2        or the security of materials exempt under this Section.
 3             (q)  Documents or materials relating  to  collective
 4        negotiating  matters  between  public  bodies  and  their
 5        employees  or  representatives,  except  that  any  final
 6        contract  or agreement shall be subject to inspection and
 7        copying.
 8             (r)  Drafts, notes,  recommendations  and  memoranda
 9        pertaining to the financing and marketing transactions of
10        the  public body. The records of ownership, registration,
11        transfer, and exchange of municipal debt obligations, and
12        of  persons  to  whom  payment  with  respect  to   these
13        obligations is made.
14             (s)  The records, documents and information relating
15        to   real   estate   purchase  negotiations  until  those
16        negotiations have been completed or otherwise terminated.
17        With regard to a parcel involved in a pending or actually
18        and reasonably  contemplated  eminent  domain  proceeding
19        under  Article  VII  of  the  Code  of  Civil  Procedure,
20        records,  documents  and  information  relating  to  that
21        parcel  shall  be  exempt  except as may be allowed under
22        discovery rules adopted by the  Illinois  Supreme  Court.
23        The records, documents and information relating to a real
24        estate sale shall be exempt until a sale is consummated.
25             (t)  Any and all proprietary information and records
26        related  to  the  operation  of an intergovernmental risk
27        management association or self-insurance pool or  jointly
28        self-administered  health  and  accident  cooperative  or
29        pool.
30             (u)  Information     concerning    a    university's
31        adjudication  of  student  or   employee   grievance   or
32        disciplinary  cases,  to the extent that disclosure would
33        reveal the  identity  of  the  student  or  employee  and
34        information  concerning any public body's adjudication of
 
                            -57-     LRB093 12187 JAM 17367 b
 1        student or employee  grievances  or  disciplinary  cases,
 2        except for the final outcome of the cases.
 3             (v)  Course  materials or research materials used by
 4        faculty members.
 5             (w)  Information  related  solely  to  the  internal
 6        personnel rules and practices of a public body.
 7             (x)  Information  contained   in   or   related   to
 8        examination, operating, or condition reports prepared by,
 9        on behalf of, or for the use of a public body responsible
10        for   the   regulation   or   supervision   of  financial
11        institutions or insurance companies, unless disclosure is
12        otherwise required by State law.
13             (y)  Information  the   disclosure   of   which   is
14        restricted  under  Section  5-108 of the Public Utilities
15        Act.
16             (z)  Manuals or instruction to staff that relate  to
17        establishment  or  collection  of liability for any State
18        tax or that relate to investigations by a public body  to
19        determine violation of any criminal law.
20             (aa)  Applications,  related  documents, and medical
21        records    received    by    the    Experimental    Organ
22        Transplantation  Procedures  Board  and   any   and   all
23        documents  or  other records prepared by the Experimental
24        Organ  Transplantation  Procedures  Board  or  its  staff
25        relating to applications it has received.
26             (bb)  Insurance or  self  insurance  (including  any
27        intergovernmental  risk  management  association  or self
28        insurance  pool)  claims,   loss   or   risk   management
29        information, records, data, advice or communications.
30             (cc)  Information and records held by the Department
31        of  Public  Health  and  its  authorized  representatives
32        relating   to   known  or  suspected  cases  of  sexually
33        transmissible disease or any information  the  disclosure
34        of  which  is  restricted  under  the  Illinois  Sexually
 
                            -58-     LRB093 12187 JAM 17367 b
 1        Transmissible Disease Control Act.
 2             (dd)  Information   the   disclosure   of  which  is
 3        exempted under Section 30 of the Radon Industry Licensing
 4        Act.
 5             (ee)  Firm performance evaluations under Section  55
 6        of  the  Architectural,  Engineering,  and Land Surveying
 7        Qualifications Based Selection Act.
 8             (ff)  Security portions  of  system  safety  program
 9        plans,  investigation reports, surveys, schedules, lists,
10        data, or information compiled, collected, or prepared  by
11        or   for  the  Regional  Transportation  Authority  under
12        Section 2.11 of the Regional Transportation Authority Act
13        or the  St.  Clair  County  Transit  District  under  the
14        Bi-State Transit Safety Act.
15             (gg)  Information   the   disclosure   of  which  is
16        restricted and exempted under Section 50 of the  Illinois
17        Prepaid Tuition Act.
18             (hh)  Information   the   disclosure   of  which  is
19        exempted under the State Officials and  Employees  Ethics
20        Act Section 80 of the State Gift Ban Act.
21             (ii)  Beginning July 1, 1999, information that would
22        disclose  or  might  lead  to the disclosure of secret or
23        confidential information, codes, algorithms, programs, or
24        private keys intended to be used to create electronic  or
25        digital signatures under the Electronic Commerce Security
26        Act.
27             (jj)  Information  contained  in  a  local emergency
28        energy plan submitted to  a  municipality  in  accordance
29        with  a  local  emergency  energy  plan ordinance that is
30        adopted under Section 11-21.5-5 of the Illinois Municipal
31        Code.
32             (kk)  Information   and    data    concerning    the
33        distribution  of  surcharge moneys collected and remitted
34        by  wireless  carriers  under  the   Wireless   Emergency
 
                            -59-     LRB093 12187 JAM 17367 b
 1        Telephone Safety Act.
 2        (2)  This  Section  does  not  authorize  withholding  of
 3    information  or  limit  the  availability  of  records to the
 4    public,  except  as  stated  in  this  Section  or  otherwise
 5    provided in this Act.
 6    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
 7    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
 8    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
 9    eff. 7-11-02.)

10        Section  75.  If and only if House Bill 3412 as passed by
11    the 93rd General Assembly becomes law,  the  Illinois  Public
12    Labor  Relations  Act  is  amended  by  changing Section 3 as
13    follows:

14        (5 ILCS 315/3) (from Ch. 48, par. 1603)
15        Sec. 3.  Definitions.  As used in this  Act,  unless  the
16    context otherwise requires:
17        (a)  "Board" means the Illinois Labor Relations Board or,
18    with  respect  to a matter over which the jurisdiction of the
19    Board is assigned to the State Panel or the Local Panel under
20    Section 5, the panel having jurisdiction over the matter.
21        (b)  "Collective bargaining" means bargaining over  terms
22    and  conditions  of  employment,  including hours, wages, and
23    other conditions of employment, as detailed in Section 7  and
24    which are not excluded by Section 4.
25        (c)  "Confidential  employee"  means  an employee who, in
26    the regular course of his or her duties, assists and acts  in
27    a  confidential capacity to persons who formulate, determine,
28    and effectuate  management  policies  with  regard  to  labor
29    relations or who, in the regular course of his or her duties,
30    has   authorized   access  to  information  relating  to  the
31    effectuation  or  review   of   the   employer's   collective
32    bargaining policies.
 
                            -60-     LRB093 12187 JAM 17367 b
 1        (d)  "Craft  employees"  means skilled journeymen, crafts
 2    persons, and their apprentices and helpers.
 3        (e)  "Essential services employees"  means  those  public
 4    employees   performing   functions   so  essential  that  the
 5    interruption or termination of the function will constitute a
 6    clear and present danger to the  health  and  safety  of  the
 7    persons in the affected community.
 8        (f)  "Exclusive  representative",  except with respect to
 9    non-State fire  fighters  and  paramedics  employed  by  fire
10    departments  and  fire  protection districts, non-State peace
11    officers, and peace  officers  in  the  Department  of  State
12    Police,  means  the  labor  organization  that  has  been (i)
13    designated by the Board as the representative of  a  majority
14    of  public  employees  in  an  appropriate bargaining unit in
15    accordance with the procedures contained in  this  Act,  (ii)
16    historically  recognized  by  the  State  of  Illinois or any
17    political subdivision of the State before July 1,  1984  (the
18    effective  date  of this Act) as the exclusive representative
19    of the employees in an appropriate bargaining unit, or  (iii)
20    after   July  1,  1984  (the  effective  date  of  this  Act)
21    recognized by an employer upon evidence,  acceptable  to  the
22    Board, that the labor organization has been designated as the
23    exclusive representative by a majority of the employees in an
24    appropriate bargaining unit.
25        With  respect  to  non-State fire fighters and paramedics
26    employed by fire departments and fire  protection  districts,
27    non-State   peace   officers,   and  peace  officers  in  the
28    Department of State Police, "exclusive representative"  means
29    the  labor  organization  that has been (i) designated by the
30    Board as the representative of a majority of  peace  officers
31    or  fire  fighters  in  an  appropriate  bargaining  unit  in
32    accordance  with  the  procedures contained in this Act, (ii)
33    historically recognized by  the  State  of  Illinois  or  any
34    political  subdivision  of  the  State before January 1, 1986
 
                            -61-     LRB093 12187 JAM 17367 b
 1    (the effective date of this amendatory Act of  1985)  as  the
 2    exclusive  representative by a majority of the peace officers
 3    or fire fighters in an appropriate bargaining unit, or  (iii)
 4    after  January 1, 1986 (the effective date of this amendatory
 5    Act  of  1985)  recognized  by  an  employer  upon  evidence,
 6    acceptable to the Board, that the labor organization has been
 7    designated as the exclusive representative by a  majority  of
 8    the  peace  officers  or  fire  fighters  in  an  appropriate
 9    bargaining unit.
10        (g)  "Fair  share  agreement"  means an agreement between
11    the employer and an employee organization under which all  or
12    any  of  the  employees  in  a collective bargaining unit are
13    required to pay their proportionate share of the costs of the
14    collective bargaining process, contract  administration,  and
15    pursuing matters affecting wages, hours, and other conditions
16    of employment, but not to exceed the amount of dues uniformly
17    required  of  members.  The amount certified by the exclusive
18    representative shall not include any fees  for  contributions
19    related  to  the  election  or  support  of any candidate for
20    political  office.  Nothing  in  this  subsection  (g)  shall
21    preclude  an  employee  from   making   voluntary   political
22    contributions  in  conjunction  with  his  or  her fair share
23    payment.
24        (g-1)  "Fire fighter" means, for the purposes of this Act
25    only, any person who has been or is hereafter appointed to  a
26    fire  department or fire protection district or employed by a
27    state university and sworn or commissioned  to  perform  fire
28    fighter duties or paramedic duties, except that the following
29    persons are not included: part-time fire fighters, auxiliary,
30    reserve  or  voluntary  fire fighters, including paid on-call
31    fire fighters,  clerks  and  dispatchers  or  other  civilian
32    employees  of  a  fire department or fire protection district
33    who are  not  routinely  expected  to  perform  fire  fighter
34    duties, or elected officials.
 
                            -62-     LRB093 12187 JAM 17367 b
 1        (g-2)  "General  Assembly of the State of Illinois" means
 2    the legislative branch of the  government  of  the  State  of
 3    Illinois,   as   provided   for   under  Article  IV  of  the
 4    Constitution of the State of Illinois, and  includes  but  is
 5    not  limited to the House of Representatives, the Senate, the
 6    Speaker of the House of Representatives, the Minority  Leader
 7    of the House of Representatives, the President of the Senate,
 8    the  Minority  Leader  of  the Senate, the Joint Committee on
 9    Legislative Support  Services  and  any  legislative  support
10    services   agency   listed   in  the  Legislative  Commission
11    Reorganization Act of 1984.
12        (h)  "Governing body" means, in the case  of  the  State,
13    the  State  Panel  of the Illinois Labor Relations Board, the
14    Director of the Department of  Central  Management  Services,
15    and the Director of the Department of Labor; the county board
16    in  the  case  of  a county; the corporate authorities in the
17    case of a municipality; and the appropriate  body  authorized
18    to  provide  for expenditures of its funds in the case of any
19    other unit of government.
20        (i)  "Labor organization" means any organization in which
21    public employees participate and that exists for the purpose,
22    in whole or in  part,  of  dealing  with  a  public  employer
23    concerning  wages,  hours,  and other terms and conditions of
24    employment, including the settlement of grievances.
25        (j)  "Managerial employee" means  an  individual  who  is
26    engaged  predominantly  in executive and management functions
27    and is charged  with  the  responsibility  of  directing  the
28    effectuation of management policies and practices.
29        (k)  "Peace  officer" means, for the purposes of this Act
30    only, any persons who have been or are hereafter appointed to
31    a  police  force,  department,  or  agency   and   sworn   or
32    commissioned  to  perform  police  duties,  except  that  the
33    following   persons   are   not  included:  part-time  police
34    officers,  special  police  officers,  auxiliary  police   as
 
                            -63-     LRB093 12187 JAM 17367 b
 1    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
 2    night watchmen, "merchant police", court security officers as
 3    defined by Section 3-6012.1 of the Counties  Code,  temporary
 4    employees,  traffic guards or wardens, civilian parking meter
 5    and  parking  facilities  personnel  or   other   individuals
 6    specially  appointed  to  aid  or  direct  traffic at or near
 7    schools or public functions or to aid  in  civil  defense  or
 8    disaster,   parking   enforcement   employees   who  are  not
 9    commissioned as peace officers and who are not armed and  who
10    are  not  routinely  expected  to effect arrests, parking lot
11    attendants,  clerks  and  dispatchers   or   other   civilian
12    employees  of  a  police  department  who  are  not routinely
13    expected to effect arrests, or elected officials.
14        (l)  "Person" includes one  or  more  individuals,  labor
15    organizations,  public employees, associations, corporations,
16    legal  representatives,  trustees,  trustees  in  bankruptcy,
17    receivers,  or  the  State  of  Illinois  or  any   political
18    subdivision  of  the  State  or  governing body, but does not
19    include the General Assembly of the State of Illinois or  any
20    individual  employed  by the General Assembly of the State of
21    Illinois.
22        (m)  "Professional employee" means any  employee  engaged
23    in  work  predominantly  intellectual and varied in character
24    rather than routine mental, manual,  mechanical  or  physical
25    work;  involving  the  consistent  exercise of discretion and
26    adjustment in its performance; of such a character  that  the
27    output   produced   or  the  result  accomplished  cannot  be
28    standardized in relation to  a  given  period  of  time;  and
29    requiring  advanced  knowledge  in  a  field  of  science  or
30    learning  customarily  acquired  by  a  prolonged  course  of
31    specialized   intellectual   instruction   and  study  in  an
32    institution  of   higher   learning   or   a   hospital,   as
33    distinguished  from  a  general  academic  education  or from
34    apprenticeship or from training in the performance of routine
 
                            -64-     LRB093 12187 JAM 17367 b
 1    mental, manual, or physical processes; or  any  employee  who
 2    has   completed   the  courses  of  specialized  intellectual
 3    instruction and study prescribed in this subsection  (m)  and
 4    is  performing  related  work  under  the  supervision  of  a
 5    professional  person  to  qualify  to  become  a professional
 6    employee as defined in this subsection (m).
 7        (n)  "Public employee" or "employee", for the purposes of
 8    this Act, means any individual employed by a public employer,
 9    including interns and  residents  at  public  hospitals,  but
10    excluding  all  of  the  following:  employees of the General
11    Assembly  of  the  State  of  Illinois;  elected   officials;
12    executive  heads  of  a  department;  members  of  boards  or
13    commissions;  the  Executive Inspectors General; employees of
14    each Office of an Executive Inspector General;  commissioners
15    and   employees  of  the  Executive  Ethics  Commission;  the
16    Legislative Inspector General; employees of the Office of the
17    Legislative Inspector General; commissioners and employees of
18    the Legislative Ethics Commission; employees of  any  agency,
19    board  or commission created by this Act; employees appointed
20    to State positions of a temporary or  emergency  nature;  all
21    employees   of   school   districts   and   higher  education
22    institutions except firefighters and peace officers  employed
23    by  a  state  university;  managerial  employees;  short-term
24    employees;  confidential  employees; independent contractors;
25    and supervisors except as provided in this Act.
26        Notwithstanding Section 9, subsection (c), or  any  other
27    provisions  of this Act, all peace officers above the rank of
28    captain  in   municipalities   with   more   than   1,000,000
29    inhabitants shall be excluded from this Act.
30        (o)  "Public  employer"  or "employer" means the State of
31    Illinois; any political subdivision of  the  State,  unit  of
32    local  government  or  school district; authorities including
33    departments,  divisions,  bureaus,  boards,  commissions,  or
34    other agencies of the  foregoing  entities;  and  any  person
 
                            -65-     LRB093 12187 JAM 17367 b
 1    acting  within  the scope of his or her authority, express or
 2    implied, on behalf of those  entities  in  dealing  with  its
 3    employees.  "Public  employer"  or "employer" as used in this
 4    Act, however, does not mean and shall not include the General
 5    Assembly of the  State  of  Illinois,  the  Executive  Ethics
 6    Commission,  the Offices of the Executive Inspectors General,
 7    the  Legislative  Ethics  Commission,  the  Office   of   the
 8    Legislative  Inspector  General, and educational employers or
 9    employers  as  defined  in  the  Illinois  Educational  Labor
10    Relations Act, except with respect to a state  university  in
11    its  employment  of  firefighters and peace officers.  County
12    boards and county sheriffs shall be designated  as  joint  or
13    co-employers  of  county  peace  officers appointed under the
14    authority of a county sheriff.  Nothing  in  this  subsection
15    (o)  shall  be  construed  to  prevent the State Panel or the
16    Local Panel from determining  that  employers  are  joint  or
17    co-employers.
18        (p)  "Security   employee"   means  an  employee  who  is
19    responsible for the supervision and  control  of  inmates  at
20    correctional   facilities.   The  term  also  includes  other
21    non-security  employees  in  bargaining  units   having   the
22    majority  of  employees being responsible for the supervision
23    and control of inmates at correctional facilities.
24        (q)  "Short-term  employee"  means  an  employee  who  is
25    employed for less than 2 consecutive calendar quarters during
26    a calendar year and who does not have a reasonable  assurance
27    that  he  or she will be rehired by the same employer for the
28    same service in a subsequent calendar year.
29        (r)  "Supervisor" is an employee whose principal work  is
30    substantially  different from that of his or her subordinates
31    and who has authority, in the interest of  the  employer,  to
32    hire, transfer, suspend, lay off, recall, promote, discharge,
33    direct,  reward,  or  discipline  employees,  to adjust their
34    grievances, or to effectively recommend any of those actions,
 
                            -66-     LRB093 12187 JAM 17367 b
 1    if the exercise of that authority is not of a merely  routine
 2    or  clerical  nature,  but  requires  the  consistent  use of
 3    independent  judgment.  Except   with   respect   to   police
 4    employment,   the   term  "supervisor"  includes  only  those
 5    individuals who devote a preponderance  of  their  employment
 6    time   to   exercising   that  authority,  State  supervisors
 7    notwithstanding.  In  addition,  in  determining  supervisory
 8    status in police employment, rank shall not be determinative.
 9    The  Board  shall  consider,  as  evidence of bargaining unit
10    inclusion or exclusion, the common law  enforcement  policies
11    and   relationships   between   police   officer   ranks  and
12    certification under applicable civil service law, ordinances,
13    personnel codes,  or  Division  2.1  of  Article  10  of  the
14    Illinois  Municipal  Code, but these factors shall not be the
15    sole or  predominant  factors  considered  by  the  Board  in
16    determining police supervisory status.
17        Notwithstanding   the   provisions   of   the   preceding
18    paragraph,  in determining supervisory status in fire fighter
19    employment, no fire fighter shall be excluded as a supervisor
20    who has established representation rights under Section 9  of
21    this  Act.   Further,  in  new  fire fighter units, employees
22    shall consist of fire fighters of the rank of company officer
23    and below. If a company  officer  otherwise  qualifies  as  a
24    supervisor  under the preceding paragraph, however, he or she
25    shall not be included in the fire fighter unit.  If there  is
26    no  rank  between  that  of  chief  and  the  highest company
27    officer, the employer may designate a position on each  shift
28    as  a  Shift  Commander,  and  the  persons  occupying  those
29    positions  shall  be supervisors.  All other ranks above that
30    of company officer shall be supervisors.
31        (s) (1)  "Unit" means a class of jobs or  positions  that
32        are  held  by  employees  whose  collective interests may
33        suitably be  represented  by  a  labor  organization  for
34        collective  bargaining.  Except with respect to non-State
 
                            -67-     LRB093 12187 JAM 17367 b
 1        fire fighters and paramedics employed by fire departments
 2        and fire protection districts, non-State peace  officers,
 3        and  peace  officers in the Department of State Police, a
 4        bargaining unit determined by the Board shall not include
 5        both employees  and  supervisors,  or  supervisors  only,
 6        except  as  provided  in paragraph (2) of this subsection
 7        (s) and except for bargaining units in existence on  July
 8        1,  1984  (the effective date of this Act).  With respect
 9        to non-State fire fighters  and  paramedics  employed  by
10        fire departments and fire protection districts, non-State
11        peace  officers,  and peace officers in the Department of
12        State Police, a bargaining unit determined by  the  Board
13        shall not include both supervisors and nonsupervisors, or
14        supervisors  only, except as provided in paragraph (2) of
15        this subsection (s) and except for  bargaining  units  in
16        existence  on January 1, 1986 (the effective date of this
17        amendatory Act of 1985).  A bargaining unit determined by
18        the Board to contain  peace  officers  shall  contain  no
19        employees  other  than  peace  officers  unless otherwise
20        agreed to by the employer and the labor  organization  or
21        labor  organizations involved.  Notwithstanding any other
22        provision of this Act, a  bargaining  unit,  including  a
23        historical   bargaining   unit,  containing  sworn  peace
24        officers of the Department of Natural Resources (formerly
25        designated the Department of Conservation) shall  contain
26        no  employees  other  than such sworn peace officers upon
27        the effective date of this amendatory Act of 1990 or upon
28        the  expiration  date  of   any   collective   bargaining
29        agreement  in  effect  upon  the  effective  date of this
30        amendatory Act of 1990 covering  both  such  sworn  peace
31        officers and other employees.
32             (2)  Notwithstanding  the  exclusion  of supervisors
33        from bargaining units as provided  in  paragraph  (1)  of
34        this  subsection  (s),  a  public  employer  may agree to
 
                            -68-     LRB093 12187 JAM 17367 b
 1        permit its supervisory employees to form bargaining units
 2        and may bargain with those units.  This Act  shall  apply
 3        if  the  public  employer  chooses  to bargain under this
 4        subsection.
 5    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
 6    91-798, eff. 7-9-00.)

 7        (5 ILCS 395/Act rep.)
 8        Section 80.  If and only if House Bill 3412 as passed  by
 9    the  93rd  General  Assembly  becomes law, the Whistle Blower
10    Protection Act is repealed.

11        (5 ILCS 425/Act rep.)
12        Section 85.  If and only if House Bill 3412 as passed  by
13    the 93rd General Assembly becomes law, the State Gift Ban Act
14    is repealed.

15        Section  90.  If and only if House Bill 3412 as passed by
16    the 93rd General Assembly becomes law, the Personnel Code  is
17    amended by changing Section 4c as follows:

18        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
19        Sec. 4c.  General exemptions.  The following positions in
20    State service shall be exempt from jurisdictions A, B, and C,
21    unless  the  jurisdictions  shall  be extended as provided in
22    this Act:
23             (1)  All officers elected by the people.
24             (2)  All positions under  the  Lieutenant  Governor,
25        Secretary  of  State, State Treasurer, State Comptroller,
26        State Board of Education, Clerk of the Supreme Court, and
27        Attorney General.
28             (3)  Judges,  and  officers  and  employees  of  the
29        courts, and notaries public.
30             (4)  All officers  and  employees  of  the  Illinois
 
                            -69-     LRB093 12187 JAM 17367 b
 1        General    Assembly,   all   employees   of   legislative
 2        commissions, all officers and employees of  the  Illinois
 3        Legislative  Reference  Bureau,  the Legislative Research
 4        Unit, and the Legislative Printing Unit.
 5             (5)  All positions in the  Illinois  National  Guard
 6        and  Illinois  State  Guard,  paid  from federal funds or
 7        positions  in  the  State   Military  Service  filled  by
 8        enlistment and paid from State funds.
 9             (6)  All employees of the Governor at the  executive
10        mansion and on his immediate personal staff.
11             (7)  Directors of Departments, the Adjutant General,
12        the  Assistant  Adjutant  General,  the  Director  of the
13        Illinois Emergency Management Agency, members  of  boards
14        and  commissions,   and  all other positions appointed by
15        the Governor by and with the consent of the Senate.
16             (8)  The presidents, other principal  administrative
17        officers,  and teaching, research and extension faculties
18        of Chicago State University, Eastern Illinois University,
19        Governors State University,  Illinois  State  University,
20        Northeastern   Illinois   University,  Northern  Illinois
21        University, Western  Illinois  University,  the  Illinois
22        Community  College  Board,  Southern Illinois University,
23        Illinois  Board  of  Higher  Education,   University   of
24        Illinois,   State   Universities  Civil  Service  System,
25        University  Retirement  System  of  Illinois,   and   the
26        administrative  officers  and  scientific  and  technical
27        staff of the Illinois State Museum.
28             (9)  All  other  employees  except  the  presidents,
29        other  principal  administrative  officers, and teaching,
30        research and  extension  faculties  of  the  universities
31        under  the  jurisdiction  of the Board of Regents and the
32        colleges and universities under the  jurisdiction of  the
33        Board  of  Governors  of State Colleges and Universities,
34        Illinois  Community  College  Board,  Southern   Illinois
 
                            -70-     LRB093 12187 JAM 17367 b
 1        University,  Illinois Board of Higher Education, Board of
 2        Governors of State Colleges and Universities,  the  Board
 3        of  Regents,  University  of Illinois, State Universities
 4        Civil Service System,  University  Retirement  System  of
 5        Illinois,  so long as these are subject to the provisions
 6        of the State Universities Civil Service Act.
 7             (10)  The State Police so long as they  are  subject
 8        to the merit provisions of the State Police Act.
 9             (11)  The  scientific  staff of the State Scientific
10        Surveys and the Waste Management and Research Center.
11             (12)  The technical and engineering  staffs  of  the
12        Department  of  Transportation, the Department of Nuclear
13        Safety, the Pollution Control  Board,  and  the  Illinois
14        Commerce  Commission,  and  the technical and engineering
15        staff providing architectural and engineering services in
16        the Department of Central Management Services.
17             (13)  All  employees  of  the  Illinois  State  Toll
18        Highway Authority.
19             (14)  The Secretary of the Industrial Commission.
20             (15)  All persons who are appointed or  employed  by
21        the Director of Insurance  under authority of Section 202
22        of the Illinois Insurance Code to assist the Director  of
23        Insurance in discharging his responsibilities relating to
24        the   rehabilitation,   liquidation,   conservation,  and
25        dissolution  of  companies  that  are  subject   to   the
26        jurisdiction of the Illinois  Insurance Code.
27             (16)  All  employees  of  the St. Louis Metropolitan
28        Area Airport Authority.
29             (17)  All  investment  officers  employed   by   the
30        Illinois State Board of Investment.
31             (18)  Employees   of   the   Illinois   Young  Adult
32        Conservation Corps program, administered by the  Illinois
33        Department of Natural Resources, authorized grantee under
34        Title  VIII  of the Comprehensive Employment and Training
 
                            -71-     LRB093 12187 JAM 17367 b
 1        Act of 1973, 29 USC 993.
 2             (19)  Seasonal  employees  of  the   Department   of
 3        Agriculture  for the operation of the Illinois State Fair
 4        and the DuQuoin State Fair, no one person receiving  more
 5        than 29 days of such employment in any calendar year.
 6             (20)  All  "temporary"  employees  hired  under  the
 7        Department  of  Natural  Resources' Illinois Conservation
 8        Service, a youth  employment  program  that  hires  young
 9        people to work in State parks for a period of one year or
10        less.
11             (21)  All  hearing  officers  of  the  Human  Rights
12        Commission.
13             (22)  All  employees of the Illinois Mathematics and
14        Science Academy.
15             (23)  All employees of  the  Kankakee  River  Valley
16        Area Airport Authority.
17             (24)  The   commissioners   and   employees  of  the
18        Executive Ethics Commission.
19             (25)  The Executive Inspectors General and employees
20        of each Office of an Executive Inspector General.
21             (26)  The  commissioners  and   employees   of   the
22        Legislative Ethics Commission.
23             (27)  The    Legislative   Inspector   General   and
24        employees of the  Office  of  the  Legislative  Inspector
25        General.
26    (Source:  P.A.  90-490,  eff.  8-17-97;  91-214, eff. 1-1-00;
27    91-357, eff. 7-29-99.)

28        Section 95.  Closed sessions; vote requirement. This  Act
29    authorizes the ethics commissions of the executive branch and
30    legislative  branch to conduct closed sessions, hearings, and
31    meetings in certain  circumstances.  In  order  to  meet  the
32    requirements  of subsection (c) of Section 5 of Article IV of
33    the Illinois Constitution, the  General  Assembly  determines
 
                            -72-     LRB093 12187 JAM 17367 b
 1    that  closed  sessions,  hearings, and meetings of the ethics
 2    commissions,  including  the  ethics   commission   for   the
 3    legislative  branch,  are  required  by  the public interest.
 4    Thus,  this  Act  is  enacted  by  the  affirmative  vote  of
 5    two-thirds of the  members  elected  to  each  house  of  the
 6    General Assembly.

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.
 
                            -73-     LRB093 12187 JAM 17367 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    93 HB3412enr. Art. 1, Sec. 1-5
 4    93 HB3412enr. Art. 5, Sec. 5-5
 5    93 HB3412enr. Art. 5, Sec. 5-10
 6    93 HB3412enr. Art. 10 heading new
 7    93 HB3412enr. Sec. 10-10 new
 8    93 HB3412enr. Sec. 10-15 new
 9    93 HB3412enr. Sec. 10-30 new
10    93 HB3412enr. Sec. 10-40 new
11    93 HB3412enr. Art. 15, Sec. 15-25
12    93 HB3412enr. Art. 20 heading new
13    93 HB3412enr. Sec. 20-5 new
14    93 HB3412enr. Sec. 20-10 new
15    93 HB3412enr. Sec. 20-15 new
16    93 HB3412enr. Sec. 20-20 new
17    93 HB3412enr. Sec. 20-23 new
18    93 HB3412enr. Sec. 20-25 new
19    93 HB3412enr. Sec. 20-35 new
20    93 HB3412enr. Sec. 20-40 new
21    93 HB3412enr. Sec. 20-45 new
22    93 HB3412enr. Sec. 20-50 new
23    93 HB3412enr. Sec. 20-55 new
24    93 HB3412enr. Sec. 20-60 new
25    93 HB3412enr. Sec. 20-65 new
26    93 HB3412enr. Sec. 20-70 new
27    93 HB3412enr. Sec. 20-80 new
28    93 HB3412enr. Sec. 20-85 new
29    93 HB3412enr. Sec. 20-90 new
30    93 HB3412enr. Sec. 20-95 new
31    93 HB3412enr. Art. 25 heading new
32    93 HB3412enr. Sec. 25-5 new
33    93 HB3412enr. Sec. 25-10 new
34    93 HB3412enr. Sec. 25-15 new
 
                            -74-     LRB093 12187 JAM 17367 b
 1    93 HB3412enr. Sec. 25-20 new
 2    93 HB3412enr. Sec. 25-23 new
 3    93 HB3412enr. Sec. 25-25 new
 4    93 HB3412enr. Sec. 25-35 new
 5    93 HB3412enr. Sec. 25-45 new
 6    93 HB3412enr. Sec. 25-50 new
 7    93 HB3412enr. Sec. 25-55 new
 8    93 HB3412enr. Sec. 25-60 new
 9    93 HB3412enr. Sec. 25-65 new
10    93 HB3412enr. Sec. 25-70 new
11    93 HB3412enr. Sec. 25-80 new
12    93 HB3412enr. Sec. 25-85 new
13    93 HB3412enr. Sec. 25-90 new
14    93 HB3412enr. Sec. 25-95 new
15    93 HB3412enr. Art. 30 heading new
16    93 HB3412enr. Sec. 30-5 new
17    93 HB3412enr. Sec. 30-10 new
18    93 HB3412enr. Art. 50, Sec. 50-5
19    93 HB3412enr. Art. 70, Sec. 70-5
20    93 HB3412enr. Art. 70, Sec. 70-15
21    5 ILCS 120/1.02           from Ch. 102, par. 41.02
22    5 ILCS 140/7              from Ch. 116, par. 207
23    5 ILCS 315/3              from Ch. 48, par. 1603
24    5 ILCS 395/Act rep.
25    5 ILCS 425/Act rep.
26    20 ILCS 415/4c            from Ch. 127, par. 63b104c