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Full Text of SB0702  93rd General Assembly

SB0702enr 93rd General Assembly


093_SB0702enr

 
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 1        AN ACT in relation to governmental ethics.

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

 4        Section 5.  If and only if House Bill 3412 as  passed  by
 5    the  93rd  General  Assembly  becomes  law by override of the
 6    Governor's amendatory veto, the State Officials and Employees
 7    Ethics Act is amended by changing Sections  1-5,  5-5,  5-10,
 8    5-20, 5-45, 15-10, 15-20, 15-25, 50-5, 70-5, and 70-15 and by
 9    adding  Sections  5-50,  5-55, and 15-40 and Articles 10, 20,
10    25, 30, and 35 as follows:

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

27        (93 HB3412enr. Art. 5, Sec. 5-5)
28        Sec. 5-5.  Personnel policies.
29        (a)  Each of the  following  shall  adopt  and  implement
30    personnel policies for all State employees under his, her, or
31    its  jurisdiction  and  control:  (i)  each  executive branch
32    constitutional officer, (ii) each legislative  leader,  (iii)
33    the Senate Operations Commission, with respect to legislative
 
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 1    employees  under Section 4 of the General Assembly Operations
 2    Act, (iv) the Speaker of the House of  Representatives,  with
 3    respect  to  legislative  employees  under  Section  5 of the
 4    General Assembly Operations Act, (v) the Joint  Committee  on
 5    Legislative Support Services, with respect to State employees
 6    of the legislative support services agencies, (vi) members of
 7    the General Assembly, with respect to legislative assistants,
 8    as provided in Section 4 of the General Assembly Compensation
 9    Act,  (vii)  the  Auditor General, (viii) the Board of Higher
10    Education,  with  respect  to  State  employees   of   public
11    institutions  of  higher  learning except community colleges,
12    and (ix) the Illinois Community College Board,  with  respect
13    to  State employees of community colleges. The Governor shall
14    adopt and implement those policies for all State employees of
15    the executive branch not under the jurisdiction  and  control
16    of any other executive branch constitutional officer.
17        (b)  The  policies required under subsection (a) shall be
18    filed with  the  appropriate  ethics  commission  established
19    under  this  Act or, for the Auditor General, with the Office
20    of the Auditor General.
21        (c)(b)  The policies required under subsection (a)  shall
22    include   policies   relating   to  work  time  requirements,
23    documentation of time worked, documentation for reimbursement
24    for travel on official State business, compensation, and  the
25    earning  or accrual of State benefits for all State employees
26    who may be eligible to receive those benefits.  The  policies
27    shall comply with and be consistent with all other applicable
28    laws.  For  State  employees  of  the legislative branch, The
29    policies shall require State those employees to  periodically
30    submit  time  sheets  documenting  the time spent each day on
31    official  State  business  to  the  nearest   quarter   hour;
32    contractual  State  employees  of  the legislative branch may
33    satisfy the time sheets requirement  by  complying  with  the
34    terms  of  their contract, which shall provide for a means of
 
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 1    compliance with this  requirement.  The  policies  for  State
 2    employees  of the legislative branch shall require those time
 3    sheets to be submitted on paper, electronically, or both  and
 4    to  be maintained in either paper or electronic format by the
 5    applicable fiscal office for a period of at least 2 years.
 6        (d)  The policies required under subsection (a) shall  be
 7    adopted  by the applicable entity before February 1, 2004 and
 8    shall apply  to  State  employees  beginning  30  days  after
 9    adoption.
10    (Source: 93HB3412enr.)

11        (93 HB3412enr. Art. 5, Sec. 5-10)
12        Sec.  5-10.  Ethics  training.  Each officer, member, and
13    employee must complete, at least annually beginning in  2004,
14    an ethics training program conducted by the appropriate State
15    agency. Each ultimate jurisdictional authority must implement
16    an  ethics  training  program  for its officers, members, and
17    employees.  These ethics training programs shall be  overseen
18    by  the  appropriate  Ethics Commission and Inspector General
19    appointed pursuant to  this  Act  in  consultation  with  the
20    Office of the Attorney General.
21        Each  Inspector General shall set standards and determine
22    the hours  and  frequency  of  training  necessary  for  each
23    position  or  category  of  positions.  A  person who fills a
24    vacancy in an elective or appointed  position  that  requires
25    training  and  a  person employed in a position that requires
26    training must complete his or  her  initial  ethics  training
27    within  6  months  after commencement of his or her office or
28    employment.
29        Ethics  training.   Each  officer   and   employee   must
30    complete,  at  least  annually,  an  ethics  training program
31    conducted by the appropriate ethics officer  appointed  under
32    the   State  Gift  Ban  Act.   Each  ultimate  jurisdictional
33    authority must implement an ethics training program  for  its
 
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 1    officers  and  employees.  A person who fills a vacancy in an
 2    elective or appointed position that requires training  and  a
 3    person  employed  in  a  position that requires training must
 4    complete his or her initial ethics training within  6  months
 5    after commencement of his or her office or employment.
 6    (Source: 93HB3412enr.)

 7        (93 HB3412enr. Art. 5, Sec. 5-20)
 8        Sec.    5-20.  Public    service   announcements;   other
 9    promotional material.
10        (a)  Beginning  January  1,  2004,  no   public   service
11    announcement  or advertisement that is on behalf of any State
12    administered program and contains the proper name, image,  or
13    voice  of  any  executive  branch  constitutional  officer or
14    member of the General Assembly shall be broadcast or aired on
15    radio or television or printed in a commercial newspaper or a
16    commercial magazine at any time.
17        (b)  The proper name or image  of  any  executive  branch
18    constitutional  officer or member of the General Assembly may
19    not appear  on  any  (i)  bumper  stickers,  (ii)  commercial
20    billboards,  (iii)  lapel  pins or buttons, (iv) magnets, (v)
21    stickers,  and  (vi)  other  similar  promotional  items,  if
22    designed, paid for, prepared,  or  distributed  using  public
23    dollars.  This  subsection  does not apply to stocks of items
24    existing on the effective date of this amendatory Act of  the
25    93rd General Assembly.
26        (a)  Except  as  otherwise  provided  in this Section, no
27    public service  announcement  or  advertisement  that  is  on
28    behalf  of  any  State administered program and that contains
29    the image or voice of  any  executive  branch  constitutional
30    officer  or member of the General Assembly shall be broadcast
31    or aired on radio or television or printed in a newspaper  at
32    any  time  on  or  after  the date that the officer or member
33    files his or her nominating petitions for public  office  and
 
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 1    for  any time thereafter that the officer or member remains a
 2    candidate for any office.
 3        (c)(b)  This Section does  not  apply  to  communications
 4    funded  through  expenditures  required  to be reported under
 5    Article 9 of the Election Code.
 6    (Source: 93HB3412enr.)

 7        (93 HB3412enr. Art. 5, Sec. 5-45)
 8        Sec. 5-45.  Procurement; revolving door prohibition.
 9        (a)  No former officer, member,  or  State  employee,  or
10    spouse  or  immediate  family member living with such person,
11    shall,  within  a  period  of  one  year  immediately   after
12    termination  of State employment, knowingly accept employment
13    or receive compensation or fees for services from a person or
14    entity if the officer, member, or State employee, during  the
15    year  immediately  preceding termination of State employment,
16    participated personally and substantially in the decision  to
17    award State contracts with a cumulative value of over $25,000
18    to the person or entity, or its parent or subsidiary.
19        (b)  No  former  officer of the executive branch or State
20    employee of the executive branch with regulatory or licensing
21    authority, or spouse or immediate family member  living  with
22    such  person,  shall, within a period of one year immediately
23    after  termination  of  State  employment,  knowingly  accept
24    employment or receive compensation of fees for services  from
25    a  person  or entity if the officer or State employee, during
26    the  year  immediately   preceding   termination   of   State
27    employment,  made  a  regulatory  or  licensing decision that
28    directly applied to the person or entity, or  its  parent  or
29    subsidiary.
30        (c)  The  requirements  of this Section may be waived (i)
31    for the executive branch, in writing by the Executive  Ethics
32    Commission,  (ii)  for  the legislative branch, in writing by
33    the Legislative Ethics Commission, and (iii) for the  Auditor
 
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 1    General,  in  writing by the Auditor General. During the time
 2    period from the effective date of this amendatory Act of  the
 3    93rd  General  Assembly until the Executive Ethics Commission
 4    first meets, the requirements of this Section may  be  waived
 5    in   writing   by  the  appropriate  ultimate  jurisdictional
 6    authority. During the time period from the effective date  of
 7    this  amendatory  Act  of the 93rd General Assembly until the
 8    Legislative Ethics Commission first meets,  the  requirements
 9    of  this  Section may be waived in writing by the appropriate
10    ultimate  jurisdictional  authority.  The  waiver  shall   be
11    granted  upon  a  showing  that the prospective employment or
12    relationship did not affect  the  decisions  referred  to  in
13    sections (a) and (b).
14        (d)  This  Section  applies only to persons who terminate
15    an affected position on or after the effective date  of  this
16    amendatory Act of the 93rd General Assembly.
17        (a)  No former State employee may, within a period of one
18    year  immediately  after  termination  of  State  employment,
19    knowingly  accept  employment or receive compensation or fees
20    for services from an employer if  the  employee,  during  the
21    year  immediately  preceding termination of State employment,
22    and on behalf of the State or  State  agency,  negotiated  in
23    whole  or  in  part  one or more contracts with that employer
24    aggregating $25,000 or more.
25        (b)  The requirements of this Section may  be  waived  by
26    the  appropriate  ultimate  jurisdictional  authority  of the
27    former  State  employee  if  that   ultimate   jurisdictional
28    authority  finds in writing that the State's negotiations and
29    decisions  regarding  the  procurement  of  the  contract  or
30    contracts were not materially affected by any  potential  for
31    employment of that employee by the employer.
32        (c)  This  Section  applies only to persons who terminate
33    an affected position on or after the effective date  of  this
34    Act.
 
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 1    (Source: 93HB3412enr.)

 2        (93 HB3412enr. Sec. 5-50 new)
 3        Sec.  5-50.  Ex  parte communications; special government
 4    agents.
 5        (a)  This Section applies to ex parte communications made
 6    to any agency listed in subsection (e).
 7        (b)  "Ex parte communication" means any written  or  oral
 8    communication by any person that imparts or requests material
 9    information  or makes a material argument regarding potential
10    action concerning regulatory, quasi-adjudicatory, investment,
11    or licensing matters pending before or under consideration by
12    the agency. "Ex parte communication"  does  not  include  the
13    following:  (i)  statements  by  a  person publicly made in a
14    public forum; (ii) statements regarding matters of  procedure
15    and  practice, such as format, the number of copies required,
16    the manner of filing, and the status of a matter;  and  (iii)
17    statements  made  by  a  State  employee of the agency to the
18    agency head or other employees of that agency.
19        (b-5)  An ex parte communication received by  an  agency,
20    agency  head,  or  other  agency  employee from an interested
21    party or his or her official representative or attorney shall
22    promptly be memorialized and made a part of the record.
23        (c)  An ex parte communication received  by  any  agency,
24    agency head, or other agency employee, other than an ex parte
25    communication    described   in   subsection   (b-5),   shall
26    immediately be reported to that agency's  ethics  officer  by
27    the  recipient of the communication and by any other employee
28    of that agency who responds to the communication.  The ethics
29    officer shall require that  the  ex  parte  communication  be
30    promptly made a part of the record.  The ethics officer shall
31    promptly  file  the ex parte communication with the Executive
32    Ethics Commission, including all written communications,  all
33    written  responses  to  the  communications, and a memorandum
 
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 1    prepared  by  the  ethics  officer  stating  the  nature  and
 2    substance of all oral communications, the  identity  and  job
 3    title  of the person to whom each communication was made, all
 4    responses made, the identity and  job  title  of  the  person
 5    making  each  response, the identity of each person from whom
 6    the written or oral ex parte communication was received,  the
 7    individual  or  entity represented by that person, any action
 8    the person requested or recommended, and any other  pertinent
 9    information.  The  disclosure  shall also contain the date of
10    any ex parte communication.
11        (d)  "Interested party" means a person  or  entity  whose
12    rights,  privileges,  or  interests are the subject of or are
13    directly  affected  by  a   regulatory,   quasi-adjudicatory,
14    investment, or licensing matter.
15        (e)  This Section applies to the following agencies:
16    Executive Ethics Commission
17    Illinois Commerce Commission
18    Educational Labor Relations Board
19    State Board of Elections
20    Illinois Gaming Board
21    Health Facilities Planning Board
22    Industrial Commission
23    Illinois Labor Relations Board
24    Illinois Liquor Control Commission
25    Pollution Control Board
26    Property Tax Appeal Board
27    Illinois Racing Board
28    Illinois Purchased Care Review Board
29    Department of State Police Merit Board
30    Motor Vehicle Review Board
31    Prisoner Review Board
32    Civil Service Commission
33    Personnel Review Board for the Treasurer
34    Merit Commission for the Secretary of State
 
SB702 Enrolled             -15-      LRB093 03133 JAM 03150 b
 1    Merit Commission for the Office of the Comptroller
 2    Court of Claims
 3    Board of Review of the Department
 4      of Employment Security
 5    Department of Insurance
 6    Department of Professional Regulation and
 7      licensing boards under the Department
 8    Department of Public Health and licensing boards
 9     under the Department
10    Office of Banks and Real Estate
11     and licensing boards under the Office
12    State Employees Retirement System Board of Trustees
13    Judges Retirement System Board of Trustees
14    General Assembly Retirement System Board of Trustees
15    Illinois Board of Investment
16    State Universities Retirement System Board of Trustees
17    Teachers Retirement System Officers Board of Trustees
18        (f)  Any  person  who  fails  to  (i)  report an ex parte
19    communication to an ethics  officer,  (ii)  make  information
20    part of the record, or (iii) make a filing with the Executive
21    Ethics  Commission as required by this Section or as required
22    by Section 5-165 of the Illinois Administrative Procedure Act
23    violates this Act.

24        (93 HB3412enr. Sec. 5-55 new)
25        Sec.  5-55.  Prohibition  on  serving   on   boards   and
26    commissions.  Notwithstanding any other law of this State, on
27    and after February 1, 2004, a person, his or her spouse,  and
28    any  immediate  family  member  living  with  that  person is
29    ineligible to serve on a  board,  commission,  authority,  or
30    task force authorized or created by State law or by executive
31    order  of  the  Governor  if  (i)  that person is entitled to
32    receive more than 7 1/2% of the  total  distributable  income
33    under  a  State contract other than an employment contract or
 
SB702 Enrolled             -16-      LRB093 03133 JAM 03150 b
 1    (ii)  that  person  together  with  his  or  her  spouse  and
 2    immediate family members living with that person are entitled
 3    to receive more than  15%  in  the  aggregate  of  the  total
 4    distributable  income  under  a  State contract other than an
 5    employment contract; except that this  restriction  does  not
 6    apply to any of the following:
 7             (1)  a  person,  his  or  her  spouse, or his or her
 8        immediate family member living with that person,  who  is
 9        serving  in an elective public office, whether elected or
10        appointed to fill a vacancy; and
11             (2)  a person, his or her  spouse,  or  his  or  her
12        immediate  family  member living with that person, who is
13        serving on a State advisory body  that  makes  nonbinding
14        recommendations to an agency of State government but does
15        not  make  binding  recommendations  or determinations or
16        take any other substantive action.

17        (93 HB3412enr. Art. 10 heading new)
18                             ARTICLE 10
19                              GIFT BAN

20        (93 HB3412enr. Sec. 10-10 new)
21        Sec. 10-10.  Gift ban. Except as  otherwise  provided  in
22    this  Article,  no  officer,  member, or State employee shall
23    intentionally solicit or accept any gift from any  prohibited
24    source or in violation of any federal or State statute, rule,
25    or regulation. This ban applies to and includes the spouse of
26    and  immediate  family  living  with  the officer, member, or
27    State employee.  No  prohibited  source  shall  intentionally
28    offer or make a gift that violates this Section.

29        (93 HB3412enr. Sec. 10-15 new)
30        Sec.  10-15.  Gift  ban;  exceptions.  The restriction in
31    Section 10-10 does not apply to the following:
 
SB702 Enrolled             -17-      LRB093 03133 JAM 03150 b
 1        (1)  Opportunities,  benefits,  and  services  that   are
 2    available on the same conditions as for the general public.
 3        (2)  Anything  for  which  the  officer, member, or State
 4    employee pays the market value.
 5        (3)  Any (i) contribution that is lawfully made under the
 6    Election Code or under this Act or (ii) activities associated
 7    with  a  fundraising  event  in  support   of   a   political
 8    organization or candidate.
 9        (4)  Educational  materials  and missions. This exception
10    may be further defined by rules adopted  by  the  appropriate
11    ethics  commission  or by the Auditor General for the Auditor
12    General and employees of the Office of the Auditor General.
13        (5)  Travel expenses  for  a  meeting  to  discuss  State
14    business.  This  exception  may  be  further defined by rules
15    adopted by  the  appropriate  ethics  commission  or  by  the
16    Auditor  General for the Auditor General and employees of the
17    Office of the Auditor General.
18        (6)  A gift from a relative, meaning those people related
19    to the individual as father, mother, son, daughter,  brother,
20    sister,  uncle,  aunt, great aunt, great uncle, first cousin,
21    nephew,  niece,  husband,  wife,  grandfather,   grandmother,
22    grandson,    granddaughter,   father-in-law,   mother-in-law,
23    son-in-law, daughter-in-law,  brother-in-law,  sister-in-law,
24    stepfather,  stepmother,  stepson, stepdaughter, stepbrother,
25    stepsister, half brother,  half  sister,  and  including  the
26    father,   mother,   grandfather,   or   grandmother   of  the
27    individual's spouse and the individual's fiance or fiancee.
28        (7)  Anything provided by an individual on the basis of a
29    personal friendship unless the member, officer,  or  employee
30    has reason to believe that, under the circumstances, the gift
31    was  provided  because of the official position or employment
32    of the member, officer, or employee and not  because  of  the
33    personal friendship.
34        In determining whether a gift is provided on the basis of
 
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 1    personal  friendship,  the member, officer, or employee shall
 2    consider the circumstances under which the gift was  offered,
 3    such as:
 4             (i)  the  history  of  the  relationship between the
 5        individual giving the gift and the recipient of the gift,
 6        including any previous exchange of  gifts  between  those
 7        individuals;
 8             (ii)  whether to the actual knowledge of the member,
 9        officer,  or  employee  the  individual who gave the gift
10        personally paid for the gift or sought a tax deduction or
11        business reimbursement for the gift; and
12             (iii)  whether  to  the  actual  knowledge  of   the
13        member,  officer, or employee the individual who gave the
14        gift also at the same time gave the same or similar gifts
15        to other members, officers, or employees.
16        (8)  Food or refreshments not exceeding $75 per person in
17    value on a single calendar day; provided  that  the  food  or
18    refreshments are (i) consumed on the premises from which they
19    were  purchased or prepared or (ii) catered. For the purposes
20    of this Section, "catered" means food  or  refreshments  that
21    are purchased ready to eat and delivered by any means.
22        (9)  Food,  refreshments,  lodging,  transportation,  and
23    other   benefits  resulting  from  the  outside  business  or
24    employment activities (or outside  activities  that  are  not
25    connected  to  the duties of the officer, member, or employee
26    as an office holder or employee) of the officer,  member,  or
27    employee,  or the spouse of the officer, member, or employee,
28    if the benefits have not been offered or enhanced because  of
29    the  official  position or employment of the officer, member,
30    or employee,  and  are  customarily  provided  to  others  in
31    similar circumstances.
32        (10)  Intra-governmental  and  inter-governmental  gifts.
33    For  the purpose of this Act, "intra-governmental gift" means
34    any gift given to a member, officer, or employee of  a  State
 
SB702 Enrolled             -19-      LRB093 03133 JAM 03150 b
 1    agency  from another member, officer, or employee of the same
 2    State agency; and "inter-governmental gift"  means  any  gift
 3    given to a member, officer, or employee of a State agency, by
 4    a  member, officer, or employee of another State agency, of a
 5    federal agency, or of any governmental entity.
 6        (11)  Bequests,  inheritances,  and  other  transfers  at
 7    death.
 8        (12)  Any item or items from any  one  prohibited  source
 9    during  any  calendar year having a cumulative total value of
10    less than $100.
11        Each of the exceptions listed in this Section is mutually
12    exclusive and independent of one another.

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

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

29        (93 HB3412enr. Art. 15, Sec. 15-10)
30        Sec. 15-10.  Protected activity. An officer, a member,  a
31    State  employee,  or  a  State  agency  shall  not  take  any
 
SB702 Enrolled             -20-      LRB093 03133 JAM 03150 b
 1    retaliatory action against a State employee because the State
 2    employee does any of the following:
 3        (1)  Discloses  or  threatens to disclose to a supervisor
 4    or to a public body an activity, policy, or practice  of  any
 5    officer,  member,  State agency, or other State employee that
 6    the State employee reasonably believes is in violation  of  a
 7    law, rule, or regulation.
 8        (2)  Provides  information  to  or  testifies  before any
 9    public body conducting an investigation, hearing, or  inquiry
10    into  any  violation  of  a  law,  rule, or regulation by any
11    officer, member, State agency, or other State employee.
12        (3)  Assists or participates in a proceeding  to  enforce
13    the provisions of this Act.
14    (Source: 93HB3412enr.)

15        (93 HB3412enr. Art. 15, Sec. 15-20)
16        Sec. 15-20.  Burden of proof. A violation of this Article
17    may  be  established  only  upon a finding that (i) the State
18    employee engaged in conduct described in  Section  15-10  and
19    (ii)   that   conduct   was  a  contributing  factor  in  the
20    retaliatory action alleged by the State employee.  It is  not
21    a  violation,  however,  if  it  is demonstrated by clear and
22    convincing evidence that the  officer,  member,  other  State
23    employee,   or   State  agency  would  have  taken  the  same
24    unfavorable personnel action in the absence of that conduct.
25    (Source: 93HB3412enr.)

26        (93 HB3412enr. Art. 15, Sec. 15-25)
27        Sec. 15-25.  Remedies. The State employee may be  awarded
28    all  remedies  necessary to make the State employee whole and
29    to  prevent  future  violations  of  this  Article.  Remedies
30    imposed by the court may include, but are not limited to, all
31    of the following:
32        (1)  reinstatement of the employee  to  either  the  same
 
SB702 Enrolled             -21-      LRB093 03133 JAM 03150 b
 1    position   held  before  the  retaliatory  action  or  to  an
 2    equivalent position;
 3        (2)  2 times the amount of back pay;
 4        (3)  interest on the back pay; and
 5        (4)  the  reinstatement  of  full  fringe  benefits   and
 6    seniority rights; and
 7        (5)  the payment of reasonable costs and attorneys' fees.
 8    (Source: 93HB3412enr.)

 9        (93 HB3412enr. Art. 15, Sec. 15-40 new)
10        Sec.  15-40.  Posting.  All  officers, members, and State
11    agencies  shall  conspicuously  display  notices   of   State
12    employee protection under this Act.

13        (93 HB3412enr. Art. 20 heading new)
14                             ARTICLE 20
15                   EXECUTIVE ETHICS COMMISSION AND
16                    EXECUTIVE INSPECTORS GENERAL

17        (93 HB3412enr. Sec. 20-5 new)
18        Sec. 20-5. Executive Ethics Commission.
19        (a)  The Executive Ethics Commission is created.
20        (b)  The  Executive  Ethics Commission shall consist of 9
21    commissioners. The Governor shall  appoint  5  commissioners,
22    and  the  Attorney  General, Secretary of State, Comptroller,
23    and  Treasurer   shall   each   appoint   one   commissioner.
24    Appointments shall be made by and with the advice and consent
25    of   the  Senate  by  three-fifths  of  the  elected  members
26    concurring by record vote. Any nomination not acted  upon  by
27    the  Senate  within  60  session  days of the receipt thereof
28    shall be deemed to have received the advice  and  consent  of
29    the  Senate.  If,  during  a recess of the Senate, there is a
30    vacancy  in  an  office  of  commissioner,   the   appointing
31    authority  shall  make a temporary appointment until the next
 
SB702 Enrolled             -22-      LRB093 03133 JAM 03150 b
 1    meeting of the Senate when  the  appointing  authority  shall
 2    make a nomination to fill that office. No person rejected for
 3    an  office  of  commissioner  shall,  except  by the Senate's
 4    request, be nominated again  for  that  office  at  the  same
 5    session of the Senate or be appointed to that office during a
 6    recess of that Senate. No more than 5 commissioners may be of
 7    the same political party.
 8        The  terms  of  the  initial commissioners shall commence
 9    upon qualification. Four initial appointees of the  Governor,
10    as  designated  by  the  Governor,  shall serve terms running
11    through  June  30,  2007.   One  initial  appointee  of   the
12    Governor,  as  designated  by  the  Governor, and the initial
13    appointees of  the  Attorney  General,  Secretary  of  State,
14    Comptroller,  and Treasurer shall serve terms running through
15    June 30, 2008. The initial appointments shall be made  within
16    60 days after the effective date of this Act.
17        After  the  initial  terms, commissioners shall serve for
18    4-year terms commencing on July 1 of the year of  appointment
19    and  running  through  June  30 of the fourth following year.
20    Commissioners may be reappointed to one  or  more  subsequent
21    terms.
22        Vacancies occurring other than at the end of a term shall
23    be filled by the appointing authority only for the balance of
24    the term of the commissioner whose office is vacant.
25        Terms  shall  run  regardless  of whether the position is
26    filled.
27        (c)   The   appointing    authorities    shall    appoint
28    commissioners who have experience holding governmental office
29    or  employment  and  shall  appoint  commissioners  from  the
30    general  public.  A  person  is  not  eligible  to serve as a
31    commissioner if that person  (i)  has  been  convicted  of  a
32    felony  or a crime of dishonesty or moral turpitude, (ii) is,
33    or was within the preceding 12 months, engaged in  activities
34    that  require  registration  under  the Lobbyist Registration
 
SB702 Enrolled             -23-      LRB093 03133 JAM 03150 b
 1    Act, (iii) is related to the appointing authority, or (iv) is
 2    a State officer or employee.
 3        (d)  The   Executive   Ethics   Commission   shall   have
 4    jurisdiction   over  all  officers  and  employees  of  State
 5    agencies other than the General  Assembly,  the  Senate,  the
 6    House  of  Representatives, the President and Minority Leader
 7    of the Senate, the Speaker and Minority Leader of  the  House
 8    of  Representatives,  the  Senate  Operations Commission, the
 9    legislative support services agencies, and the Office of  the
10    Auditor  General.  The  jurisdiction  of  the  Commission  is
11    limited to matters arising under this Act.
12        (e)  The Executive Ethics Commission must meet, either in
13    person or by other technological means, at least monthly  and
14    as  often as necessary. At the first meeting of the Executive
15    Ethics Commission, the commissioners shall choose from  their
16    number  a  chairperson  and  other  officers  that  they deem
17    appropriate. The terms of  officers  shall  be  for  2  years
18    commencing  July  1 and running through June 30 of the second
19    following year. Meetings shall be held at  the  call  of  the
20    chairperson  or  any  3 commissioners. Official action by the
21    Commission  shall  require  the   affirmative   vote   of   5
22    commissioners, and a quorum shall consist of 5 commissioners.
23    Commissioners  shall  receive compensation in an amount equal
24    to  the  compensation  of  members  of  the  State  Board  of
25    Elections and may be reimbursed for their reasonable expenses
26    actually incurred in the performance of their duties.
27        (f) No commissioner or employee of the  Executive  Ethics
28    Commission  may  during  his  or  her  term of appointment or
29    employment:
30             (1)  become a candidate for any elective office;
31             (2)  hold any  other  elected  or  appointed  public
32        office  except  for appointments on governmental advisory
33        boards or study commissions  or  as  otherwise  expressly
34        authorized by law;
 
SB702 Enrolled             -24-      LRB093 03133 JAM 03150 b
 1             (3)  be  actively  involved  in  the  affairs of any
 2        political party or political organization; or
 3             (4)  actively participate in any  campaign  for  any
 4        elective office.
 5        (g)  An  appointing  authority  may remove a commissioner
 6    only for cause.
 7        (h)  The Executive Ethics  Commission  shall  appoint  an
 8    Executive   Director.   The  compensation  of  the  Executive
 9    Director shall be as determined by the Commission or  by  the
10    Compensation  Review  Board,  whichever amount is higher. The
11    Executive Director of the  Executive  Ethics  Commission  may
12    employ   and   determine   the   compensation  of  staff,  as
13    appropriations permit.

14        (93 HB3412enr. Sec. 20-10 new)
15        Sec. 20-10. Offices of Executive Inspectors General.
16        (a)  Five independent Offices of the Executive  Inspector
17    General  are created, one each for the Governor, the Attorney
18    General, the Secretary of State,  the  Comptroller,  and  the
19    Treasurer.  Each  Office  shall  be  under  the direction and
20    supervision of an Executive Inspector General and shall be  a
21    fully independent office with separate appropriations.
22        (b)  The  Governor, Attorney General, Secretary of State,
23    Comptroller, and Treasurer shall each  appoint  an  Executive
24    Inspector  General,  without  regard to political affiliation
25    and  solely  on  the  basis  of  integrity  and  demonstrated
26    ability. Appointments shall be made by and  with  the  advice
27    and  consent  of  the  Senate  by three-fifths of the elected
28    members concurring by record vote. Any nomination  not  acted
29    upon  by  the  Senate  within  60 session days of the receipt
30    thereof shall be deemed  to  have  received  the  advice  and
31    consent  of  the  Senate.  If, during a recess of the Senate,
32    there is a  vacancy  in  an  office  of  Executive  Inspector
33    General,  the  appointing  authority  shall  make a temporary
 
SB702 Enrolled             -25-      LRB093 03133 JAM 03150 b
 1    appointment until the next meeting of  the  Senate  when  the
 2    appointing  authority  shall  make  a nomination to fill that
 3    office.  No  person  rejected  for  an  office  of  Executive
 4    Inspector General shall, except by the Senate's  request,  be
 5    nominated  again  for  that office at the same session of the
 6    Senate or be appointed to that office during a recess of that
 7    Senate.
 8        Nothing in this Article precludes the appointment by  the
 9    Governor,  Attorney General, Secretary of State, Comptroller,
10    or Treasurer of  any  other  inspector  general  required  or
11    permitted  by  law. The Governor, Attorney General, Secretary
12    of State, Comptroller, and  Treasurer  each  may  appoint  an
13    existing inspector general as the Executive Inspector General
14    required  by  this  Article,  provided that such an inspector
15    general  is  not  prohibited  by  law,  rule,   jurisdiction,
16    qualification,  or  interest  from  serving  as the Executive
17    Inspector General required by  this  Article.  An  appointing
18    authority   may  not  appoint  a  relative  as  an  Executive
19    Inspector General.
20        Each Executive Inspector General shall have the following
21    qualifications:
22             (1)  has not been convicted  of any felony under the
23        laws of this State, another State, or the United States;
24             (2)  has  earned  a  baccalaureate  degree  from  an
25        institution of higher education; and
26             (3)  has 5 or more years of cumulative  service  (A)
27        with  a  federal, State, or local law enforcement agency,
28        at least 2 years of which  have  been  in  a  progressive
29        investigatory capacity; (B) as a federal, State, or local
30        prosecutor;  (C)  as  a  senior manager or executive of a
31        federal, State, or local agency;  (D)  as  a  member,  an
32        officer, or a State or federal judge; or (E) representing
33        any combination of (A) through (D).
34        The  term  of  each  initial  Executive Inspector General
 
SB702 Enrolled             -26-      LRB093 03133 JAM 03150 b
 1    shall commence upon qualification and shall run through  June
 2    30,  2008.  The  initial appointments shall be made within 60
 3    days after the effective date of this Act.
 4        After the initial term, each Executive Inspector  General
 5    shall serve for 5-year terms commencing on July 1 of the year
 6    of  appointment  and  running  through  June  30 of the fifth
 7    following  year.  An  Executive  Inspector  General  may   be
 8    reappointed to one or more subsequent terms.
 9        A vacancy occurring other than at the end of a term shall
10    be filled by the appointing authority only for the balance of
11    the  term  of the Executive Inspector General whose office is
12    vacant.
13        Terms shall run regardless of  whether  the  position  is
14    filled.
15        (c)  The  Executive  Inspector  General  appointed by the
16    Attorney General shall have jurisdiction  over  the  Attorney
17    General  and  all  officers and employees of, and vendors and
18    others  doing  business  with,  State  agencies  within   the
19    jurisdiction of the Attorney General. The Executive Inspector
20    General  appointed  by  the  Secretary  of  State  shall have
21    jurisdiction over the Secretary of State and all officers and
22    employees of, and vendors and  others  doing  business  with,
23    State  agencies  within  the jurisdiction of the Secretary of
24    State. The  Executive  Inspector  General  appointed  by  the
25    Comptroller  shall have jurisdiction over the Comptroller and
26    all officers and employees of, and vendors and  others  doing
27    business  with, State agencies within the jurisdiction of the
28    Comptroller. The Executive Inspector General appointed by the
29    Treasurer shall have jurisdiction over the Treasurer and  all
30    officers  and  employees  of,  and  vendors  and others doing
31    business with, State agencies within the jurisdiction of  the
32    Treasurer.  The  Executive Inspector General appointed by the
33    Governor shall  have  jurisdiction  over  the  Governor,  the
34    Lieutenant  Governor,  and all officers and employees of, and
 
SB702 Enrolled             -27-      LRB093 03133 JAM 03150 b
 1    vendors and others  doing  business  with,  executive  branch
 2    State agencies under the jurisdiction of the Executive Ethics
 3    Commission  and  not  within the jurisdiction of the Attorney
 4    General, the Secretary of  State,  the  Comptroller,  or  the
 5    Treasurer.
 6        The  jurisdiction  of each Executive Inspector General is
 7    to  investigate   allegations   of   fraud,   waste,   abuse,
 8    mismanagement,    misconduct,    nonfeasance,    misfeasance,
 9    malfeasance, or violations of this Act or violations of other
10    related laws and rules.
11        (d)  The   minimum   compensation   for   each  Executive
12    Inspector General shall be determined by the Executive Ethics
13    Commission.  The  actual  compensation  for  each   Executive
14    Inspector  General  shall  be  determined  by  the appointing
15    executive branch constitutional officer and  must  be  at  or
16    above  the  minimum  compensation  level set by the Executive
17    Ethics Commission. Subject to Section 20-45 of this Act, each
18    Executive Inspector General has full  authority  to  organize
19    his  or  her  Office  of  the  Executive  Inspector  General,
20    including   the   employment   and   determination   of   the
21    compensation  of  staff,  such  as  deputies, assistants, and
22    other  employees,  as  appropriations  permit.   A   separate
23    appropriation  shall  be  made  for  each Office of Executive
24    Inspector General.
25        (e)  No Executive Inspector General or  employee  of  the
26    Office  of the Executive Inspector General may, during his or
27    her term of appointment or employment:
28             (1)  become a candidate for any elective office;
29             (2)  hold any  other  elected  or  appointed  public
30        office  except  for appointments on governmental advisory
31        boards or study commissions  or  as  otherwise  expressly
32        authorized by law;
33             (3)  be  actively  involved  in  the  affairs of any
34        political party or political organization; or
 
SB702 Enrolled             -28-      LRB093 03133 JAM 03150 b
 1             (4)  actively participate in any  campaign  for  any
 2        elective office.
 3        In  this  subsection  an  appointed public office means a
 4    position authorized by law that is filled  by  an  appointing
 5    authority  as provided by law and does not include employment
 6    by hiring in the ordinary course of business.
 7        (e-1)  No Executive Inspector General or employee of  the
 8    Office  of  the Executive Inspector General may, for one year
 9    after  the  termination  of  his  or   her   appointment   or
10    employment:
11             (1)  become a candidate for any elective office;
12             (2)  hold any elected public office; or
13             (3)  hold  any  appointed  State,  county,  or local
14        judicial office.
15        (e-2)  The requirements of item (3) of  subsection  (e-1)
16    may be waived by the Executive Ethics Commission.
17        (f)  An  Executive  Inspector General may be removed only
18    for  cause  and  may  be  removed  only  by  the   appointing
19    constitutional  officer.  At  the  time  of  the removal, the
20    appointing  constitutional  officer  must   report   to   the
21    Executive   Ethics   Commission  the  justification  for  the
22    removal.

23        (93 HB3412enr. Sec. 20-15 new)
24        Sec. 20-15. Duties of the Executive Ethics Commission. In
25    addition to duties otherwise assigned by law,  the  Executive
26    Ethics Commission shall have the following duties:
27        (1)  To promulgate rules governing the performance of its
28    duties and the exercise  of  its  powers  and  governing  the
29    investigations  of  the  Executive  Inspectors General. It is
30    declared to be in the public interest,  safety,  and  welfare
31    that  the Commission adopt emergency rules under the Illinois
32    Administrative Procedure Act to initially perform its  duties
33    under this subsection.
 
SB702 Enrolled             -29-      LRB093 03133 JAM 03150 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 an Executive Inspector General and  not
 4    upon  its  own prerogative, but may appoint special Executive
 5    Inspectors General as provided in Section  20-21.  Any  other
 6    allegations  of  misconduct received by the Commission from a
 7    person other than an Executive  Inspector  General  shall  be
 8    referred to the Office of the appropriate Executive Inspector
 9    General.
10        (3)  To  prepare  and  publish  manuals  and  guides and,
11    working with the Office  of  the  Attorney  General,  oversee
12    training  of  employees  under its jurisdiction that explains
13    their duties.
14        (4) To prepare public information materials to facilitate
15    compliance, implementation, and enforcement of this Act.
16        (5) To submit reports as required by this Act.
17        (6) To  the  extent  authorized  by  this  Act,  to  make
18    rulings,  issue  recommendations,  and  impose administrative
19    fines, if appropriate, in connection with the  implementation
20    and  interpretation of this Act. The powers and duties of the
21    Commission are limited to matters clearly within the  purview
22    of this Act.
23        (7)  To  issue  subpoenas with respect to matters pending
24    before the Commission, subject  to  the  provisions  of  this
25    Article  and  in  the discretion of the Commission, to compel
26    the attendance of witnesses for purposes of testimony and the
27    production of documents and other items  for  inspection  and
28    copying.
29        (8)  To  appoint  special Executive Inspectors General as
30    provided in Section 20-21.

31        (93 HB3412enr. Sec. 20-20 new)
32        Sec. 20-20. Duties of the Executive  Inspectors  General.
33    In  addition  to  duties  otherwise  assigned  by  law,  each
 
SB702 Enrolled             -30-      LRB093 03133 JAM 03150 b
 1    Executive Inspector General shall have the following duties:
 2        (1)  To receive and investigate allegations of violations
 3    of  this  Act.  The  Executive  Inspector General may receive
 4    information through the Office  of  any  Executive  Inspector
 5    General or through an ethics commission. An investigation may
 6    be  conducted only in response to information reported to the
 7    Executive Inspector General as provided in this  Section  and
 8    not  upon  his or her own prerogative. Allegations may not be
 9    made anonymously. An investigation may not be initiated  more
10    than  one  year  after  the  most  recent  act of the alleged
11    violation or of a series of alleged violations  except  where
12    there   is   reasonable  cause  to  believe  that  fraudulent
13    concealment   has   occurred.    To   constitute   fraudulent
14    concealment sufficient to toll this limitations period, there
15    must be an affirmative act or  representation  calculated  to
16    prevent  discovery of the fact that a violation has occurred.
17    The Executive Inspector General shall have the discretion  to
18    determine the appropriate means of investigation as permitted
19    by law.
20        (2)  To  request information relating to an investigation
21    from any person when the Executive  Inspector  General  deems
22    that information necessary in conducting an investigation.
23        (3)  To  issue  subpoenas  to  compel  the  attendance of
24    witnesses for the purposes of  testimony  and  production  of
25    documents  and  other items for inspection and copying and to
26    make service of those subpoenas and  subpoenas  issued  under
27    item (7) of Section 20-15.
28        (4)  To submit reports as required by this Act.
29        (5)  To  file  pleadings  in  the  name  of the Executive
30    Inspector  General  with  the  Executive  Ethics  Commission,
31    through the Attorney General, as provided in this Article  if
32    the  Attorney  General  finds that reasonable cause exists to
33    believe that a violation has occurred.
34        (6)  To assist and coordinate  the  ethics  officers  for
 
SB702 Enrolled             -31-      LRB093 03133 JAM 03150 b
 1    State  agencies  under  the  jurisdiction  of  the  Executive
 2    Inspector General and to work with those ethics officers.
 3        (7)  To  participate  in  or  conduct,  when appropriate,
 4    multi-jurisdictional investigations.
 5        (8)  To request, as the Executive Inspector General deems
 6    appropriate, from ethics officers of State agencies under his
 7    or her  jurisdiction,  reports  or  information  on  (i)  the
 8    content  of a State agency's ethics training program and (ii)
 9    the  percentage  of  new  officers  and  employees  who  have
10    completed ethics training.

11        (93 HB3412enr. Sec. 20-21 new)
12        Sec. 20-21.  Special Executive Inspectors General.
13        (a)  The  Executive  Ethics  Commission,   on   its   own
14    initiative   and   by  majority  vote,  may  appoint  special
15    Executive  Inspectors  General  (i)  to  investigate  alleged
16    violations of this Act if an investigation by  the  Inspector
17    General   was   not  concluded  within  6  months  after  its
18    initiation, where the Commission  finds  that  the  Inspector
19    General's reasons under Section 20-65 for failing to complete
20    the   investigation  are  insufficient  and  (ii)  to  accept
21    referrals from the Commission of allegations made pursuant to
22    this  Act  concerning  an  Executive  Inspector  General   or
23    employee  of  an Office of an Executive Inspector General and
24    to investigate those allegations.
25        (b)  A special Executive Inspector General must have  the
26    same   qualifications   as  an  Executive  Inspector  General
27    appointed under Section 20-10.
28        (c)  The Commission's appointment of a special  Executive
29    Inspector  General  must  be  in writing and must specify the
30    duration and purpose of the appointment.
31        (d)  A special Executive Inspector General shall have the
32    same powers and duties with respect to the purpose of his  or
33    her  appointment  as an Executive Inspector General appointed
 
SB702 Enrolled             -32-      LRB093 03133 JAM 03150 b
 1    under Section 20-10.
 2        (e)  A special Executive Inspector General  shall  report
 3    the findings of his or her investigation to the Commission.
 4        (f)  The  Commission may report the findings of a special
 5    Executive Inspector General and its recommendations, if  any,
 6    to  the  appointing  authority  of  the appropriate Executive
 7    Inspector General.

 8        (93 HB3412enr. Sec. 20-23 new)
 9        Sec. 20-23.  Ethics Officers. Each officer and  the  head
10    of  each State agency under the jurisdiction of the Executive
11    Ethics Commission shall designate an Ethics Officer  for  the
12    office or State agency. Ethics Officers shall:
13             (1)  act  as  liaisons  between the State agency and
14        the appropriate Executive Inspector General  and  between
15        the State agency and the Executive Ethics Commission;
16             (2)  review  statements  of  economic  interest  and
17        disclosure  forms  of  officers,  senior  employees,  and
18        contract   monitors   before  they  are  filed  with  the
19        Secretary of State; and
20             (3)  provide guidance to officers and  employees  in
21        the  interpretation and implementation of this Act, which
22        the officer or employee may in good faith rely upon. Such
23        guidance shall be based, wherever  possible,  upon  legal
24        precedent  in  court  decisions, opinions of the Attorney
25        General, and the findings and opinions of  the  Executive
26        Ethics Commission.

27        (93 HB3412enr. Sec. 20-35 new)
28        Sec. 20-35. 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
 
SB702 Enrolled             -33-      LRB093 03133 JAM 03150 b
 1    jurisdiction.  Nothing in this Section  limits  or  alters  a
 2    person's  existing  rights  or  protections  under  State  or
 3    federal law.

 4        (93 HB3412enr. Sec. 20-40 new)
 5        Sec.   20-40.   Collective   bargaining  agreements.  Any
 6    investigation or inquiry by an Executive Inspector General or
 7    any agent or representative of an Executive Inspector General
 8    must be conducted with  awareness  of  the  provisions  of  a
 9    collective bargaining agreement that applies to the employees
10    of  the  relevant  State  agency and with an awareness of the
11    rights of the employees as set forth by State and federal law
12    and applicable judicial  decisions.  Any  recommendation  for
13    discipline  or  any  action  taken against any State employee
14    pursuant to this Act must comply with the provisions  of  the
15    collective  bargaining  agreement  that  applies to the State
16    employee.

17        (93 HB3412enr. Sec. 20-45 new)
18        Sec. 20-45. Standing; representation.
19        (a)  Only  an  Executive  Inspector  General  may   bring
20    actions before the Executive Ethics Commission.
21        (b)  The  Attorney  General  shall represent an Executive
22    Inspector General in all proceedings before  the  Commission.
23    Whenever the Attorney General is sick or absent, or unable to
24    attend,  or  is  interested in any matter or proceeding under
25    this Act, upon the filing of a petition  under  seal  by  any
26    person  with  standing, the Supreme Court (or any other court
27    of competent jurisdiction as  designated  and  determined  by
28    rule  of  the  Supreme  Court)  may  appoint   some competent
29    attorney to prosecute or defend that  matter  or  proceeding,
30    and  the  attorney so appointed shall have the same power and
31    authority in relation to that matter  or  proceeding  as  the
32    Attorney  General  would have had if present and attending to
 
SB702 Enrolled             -34-      LRB093 03133 JAM 03150 b
 1    the same.
 2        (c)  Attorneys  representing  an  Inspector  General   in
 3    proceedings before the Executive Ethics Commission, except an
 4    attorney  appointed  under subsection (b), shall be appointed
 5    or retained by the  Attorney  General,  shall  be  under  the
 6    supervision,  direction, and control of the Attorney General,
 7    and shall serve at the pleasure of the Attorney General.  The
 8    compensation  of  any  attorneys  appointed  or  retained  in
 9    accordance  with  this  subsection or subsection (b) shall be
10    paid by the appropriate Office  of  the  Executive  Inspector
11    General.

12        (93 HB3412enr. Sec. 20-50 new)
13        Sec. 20-50.  Investigation reports; complaint procedure.
14        (a)  If   an   Executive   Inspector  General,  upon  the
15    conclusion of an investigation,  determines  that  reasonable
16    cause  exists  to believe that a violation has occurred, then
17    the Executive Inspector General shall issue a summary  report
18    of  the  investigation.  The report shall be delivered to the
19    appropriate ultimate jurisdictional authority and to the head
20    of  each  State  agency  affected  by  or  involved  in   the
21    investigation, if appropriate.
22        (b)  The   summary  report  of  the  investigation  shall
23    include the following:
24             (1)  A  description  of  any  allegations  or  other
25        information received by the Executive  Inspector  General
26        pertinent to the investigation.
27             (2)  A   description   of   any  alleged  misconduct
28        discovered in the course of the investigation.
29             (3)  Recommendations   for   any    corrective    or
30        disciplinary  action  to  be  taken  in  response  to any
31        alleged misconduct described in the report, including but
32        not limited to discharge.
33             (4)  Other  information  the   Executive   Inspector
 
SB702 Enrolled             -35-      LRB093 03133 JAM 03150 b
 1        General  deems relevant to the investigation or resulting
 2        recommendations.
 3        (c)  Not less than 30 days after delivery of the  summary
 4    report  of  an  investigation  under  subsection  (a), if the
 5    Executive Inspector General desires to file  a  petition  for
 6    leave  to  file  a complaint, the Executive Inspector General
 7    shall notify the Commission and the Attorney General. If  the
 8    Attorney  General  determines that reasonable cause exists to
 9    believe that a violation has  occurred,  then  the  Executive
10    Inspector  General,  represented by the Attorney General, may
11    file with the Executive  Ethics  Commission  a  petition  for
12    leave  to file a complaint. The petition shall set  forth the
13    alleged violation and the grounds that exist to  support  the
14    petition.  The petition for leave to file a complaint must be
15    filed with the Commission within 18  months  after  the  most
16    recent act of the alleged violation or of a series of alleged
17    violations  except where there is reasonable cause to believe
18    that fraudulent  concealment  has  occurred.   To  constitute
19    fraudulent  concealment  sufficient  to toll this limitations
20    period, there must be an affirmative  act  or  representation
21    calculated  to prevent discovery of the fact that a violation
22    has occurred. If a petition for leave to file a complaint  is
23    not filed with the Commission within 6 months after notice by
24    the  Inspector  General  to  the  Commission and the Attorney
25    General, then  the  Commission  may  set  a  meeting  of  the
26    Commission  at  which  the  Attorney General shall appear and
27    provide a status report to the Commission.
28        (d)  A copy  of  the  petition  must  be  served  on  all
29    respondents  named  in the complaint and on each respondent's
30    ultimate jurisdictional  authority  in  the  same  manner  as
31    process is served under the Code of Civil Procedure.
32        (e)  A respondent may file objections to the petition for
33    leave  to file a complaint within 30 days after notice of the
34    petition has been served on the respondent.
 
SB702 Enrolled             -36-      LRB093 03133 JAM 03150 b
 1        (f)  The Commission shall meet, either in  person  or  by
 2    telephone,  in  a closed session to review the sufficiency of
 3    the complaint. If the  Commission  finds  that  complaint  is
 4    sufficient, the Commission shall grant the petition for leave
 5    to  file  the complaint. The Commission shall issue notice to
 6    the Executive Inspector General and all  respondents  of  the
 7    Commission's  ruling  on the sufficiency of the complaint. If
 8    the complaint is deemed to sufficiently allege a violation of
 9    this Act, then the Commission shall notify  the  parties  and
10    shall  include  a hearing date scheduled within 4 weeks after
11    the date of the notice, unless all of the parties consent  to
12    a  later date. If the complaint is deemed not to sufficiently
13    allege  a  violation,  then  the  Commission  shall  send  by
14    certified mail, return receipt requested,  a  notice  to  the
15    parties of the decision to dismiss the complaint.
16        (g)  On the scheduled date the Commission shall conduct a
17    closed  meeting, either in person or, if the parties consent,
18    by telephone, on the complaint  and  allow  all  parties  the
19    opportunity  to  present  testimony  and  evidence.  All such
20    proceedings shall be transcribed.
21        (h)  Within an appropriate time limit set by rules of the
22    Executive Ethics Commission, the Commission shall (i) dismiss
23    the complaint or (ii) issue a recommendation of discipline to
24    the respondent and the respondent's  ultimate  jurisdictional
25    authority   or   impose   an  administrative  fine  upon  the
26    respondent, or both.
27        (i)  The proceedings on  any  complaint  filed  with  the
28    Commission  shall  be conducted pursuant to rules promulgated
29    by the Commission.
30        (j)  The Commission may  designate  hearing  officers  to
31    conduct proceedings as determined by rule of the Commission.
32        (k)  In   all  proceedings  before  the  Commission,  the
33    standard of proof is by a preponderance of the evidence.
34        (l)  When the Inspector General concludes that  there  is
 
SB702 Enrolled             -37-      LRB093 03133 JAM 03150 b
 1    insufficient  evidence  that  a  violation  has occurred, the
 2    Inspector General  shall  close  the  investigation.  At  the
 3    request  of  the  subject of the investigation, the Inspector
 4    General shall provide a written statement to the  subject  of
 5    the  investigation  and  to  the  Commission of the Inspector
 6    General's decision to close the investigation. Closure by the
 7    Inspector General does not bar  the  Inspector  General  from
 8    resuming the investigation if circumstances warrant.

 9        (93 HB3412enr. Sec. 20-55 new)
10        Sec. 20-55. Decisions; recommendations.
11        (a)  All  decisions  of  the  Executive Ethics Commission
12    must include a description of  the  alleged  misconduct,  the
13    decision  of  the  Commission, including any fines levied and
14    any recommendation of discipline, and the reasoning for  that
15    decision.  All decisions of the Commission shall be delivered
16    to the head of the appropriate State agency, the  appropriate
17    ultimate   jurisdictional   authority,  and  the  appropriate
18    Executive Inspector General. The Executive Ethics  Commission
19    shall  promulgate  rules  for the decision and recommendation
20    process.
21        (b)  If  the  Executive  Ethics   Commission   issues   a
22    recommendation  of  discipline  to an agency head or ultimate
23    jurisdictional  authority,  that  agency  head  or   ultimate
24    jurisdictional  authority must respond to that recommendation
25    in 30 days with a written response to  the  Executive  Ethics
26    Commission.  This  response  must  include  any  disciplinary
27    action  the  agency head or ultimate jurisdictional authority
28    has  taken  with  respect  to  the  officer  or  employee  in
29    question. If  the  agency  head  or  ultimate  jurisdictional
30    authority  did  not  take  any disciplinary action, or took a
31    different disciplinary action than that  recommended  by  the
32    Executive  Ethics  Commission,  the  agency  head or ultimate
33    jurisdictional authority must describe the  different  action
 
SB702 Enrolled             -38-      LRB093 03133 JAM 03150 b
 1    and  explain  the  reasons  for  the  different action in the
 2    written response. This  response  must  be  served  upon  the
 3    Executive  Ethics  Commission  and  the appropriate Executive
 4    Inspector General within the 30-day period and is not  exempt
 5    from the provisions of the Freedom of Information Act.

 6        (93 HB3412enr. Sec. 20-60 new)
 7        Sec.  20-60.  Appeals. A decision of the Executive Ethics
 8    Commission to impose a fine is  subject  to  judicial  review
 9    under  the  Administrative Review Law. All other decisions by
10    the Executive Ethics Commission are final and not subject  to
11    review either administratively or judicially.

12        (93 HB3412enr. Sec. 20-65 new)
13        Sec. 20-65. Investigations not concluded within 6 months.
14    If  any  investigation is not concluded within 6 months after
15    its initiation, the appropriate Executive  Inspector  General
16    shall  notify the Executive Ethics Commission and appropriate
17    ultimate jurisdictional authority of the  general  nature  of
18    the   allegation   or   information   giving   rise   to  the
19    investigation and the reasons for  failure  to  complete  the
20    investigation within 6 months.

21        (93 HB3412enr. Sec. 20-70 new)
22        Sec. 20-70. Cooperation in investigations. It is the duty
23    of  every  officer  and employee under the jurisdiction of an
24    Executive Inspector General, including any inspector  general
25    serving  in  any  State agency under the jurisdiction of that
26    Executive Inspector General, to cooperate with the  Executive
27    Inspector General in any investigation undertaken pursuant to
28    this  Act.  Failure to cooperate with an investigation of the
29    Executive  Inspector  General  is  grounds  for  disciplinary
30    action, including dismissal. Nothing in this  Section  limits
31    or  alters  a  person's  existing rights or protections under
 
SB702 Enrolled             -39-      LRB093 03133 JAM 03150 b
 1    State or federal law.

 2        (93 HB3412enr. Sec. 20-80 new)
 3        Sec. 20-80. Referrals of investigations. If an  Executive
 4    Inspector  General  determines  that  any  alleged misconduct
 5    involves any person not subject to the  jurisdiction  of  the
 6    Executive Ethics Commission, that Executive Inspector General
 7    shall  refer  the  reported  allegations  to  the appropriate
 8    Inspector General, appropriate ethics  commission,  or  other
 9    appropriate   body.   If   an   Executive  Inspector  General
10    determines that any  alleged  misconduct  may  give  rise  to
11    criminal penalties, the Executive Inspector General may refer
12    the  allegations regarding that misconduct to the appropriate
13    law enforcement authority.

14        (93 HB3412enr. Sec. 20-85 new)
15        Sec. 20-85.  Quarterly  reports  by  Executive  Inspector
16    General.   Each  Executive  Inspector  General  shall  submit
17    quarterly  reports  to  the  appropriate   executive   branch
18    constitutional  officer  and the Executive Ethics Commission,
19    on dates  determined  by  the  Executive  Ethics  Commission,
20    indicating:
21             (1)  the  number  of  allegations received since the
22        date of the last report;
23             (2)  the number of  investigations  initiated  since
24        the date of the last report;
25             (3)  the  number  of  investigations concluded since
26        the date of the last report;
27             (4)  the number of investigations pending as of  the
28        reporting date;
29             (5)  the  number  of  complaints  forwarded  to  the
30        Attorney General since the date of the last report; and
31             (6)  the  number of actions filed with the Executive
32        Ethics Commission since the date of the last  report  and
 
SB702 Enrolled             -40-      LRB093 03133 JAM 03150 b
 1        the number of actions pending before the Executive Ethics
 2        Commission as of the reporting date.

 3        (93 HB3412enr. Sec. 20-86 new)
 4        Sec.  20-86.  Quarterly  reports by the Attorney General.
 5    The Attorney General shall submit quarterly  reports  to  the
 6    Executive  Ethics  Commission,  on  dates  determined  by the
 7    Executive Ethics Commission, indicating:
 8             (1)  the number of complaints received from each  of
 9        the  Executive  Inspectors  General since the date of the
10        last report;
11             (2)  the number of complaints for which the Attorney
12        General has determined reasonable cause exists to believe
13        that a violation has occurred since the date of the  last
14        report; and
15             (3)  the  number of complaints still under review by
16        the Attorney General.

17        (93 HB3412enr. Sec. 20-90 new)
18        Sec. 20-90. Confidentiality.
19        (a)  The identity of any individual providing information
20    or  reporting  any  possible  or  alleged  misconduct  to  an
21    Executive  Inspector  General   or   the   Executive   Ethics
22    Commission   shall  be  kept  confidential  and  may  not  be
23    disclosed without the consent of that individual, unless  the
24    individual  consents  to  disclosure  of  his  or her name or
25    disclosure of the individual's identity is otherwise required
26    by law. The confidentiality granted by this  subsection  does
27    not  preclude  the  disclosure of the identity of a person in
28    any capacity other than as the source of an allegation.
29        (b)  Subject  to  the  provisions  of  Section  20-50(c),
30    commissioners, employees, and agents of the Executive  Ethics
31    Commission,  the  Executive Inspectors General, and employees
32    and agents of each Office of an Executive  Inspector  General
 
SB702 Enrolled             -41-      LRB093 03133 JAM 03150 b
 1    shall  keep  confidential  and shall not disclose information
 2    exempted from disclosure under the Freedom of Information Act
 3    or by this Act.

 4        (93 HB3412enr. Sec. 20-95 new)
 5        Sec. 20-95. Exemptions.
 6        (a)  Documents generated by an ethics officer under  this
 7    Act,  except  Section 5-50, are exempt from the provisions of
 8    the Freedom of Information Act.
 9        (b)  Any allegations and related documents  submitted  to
10    an  Executive Inspector General and any pleadings and related
11    documents brought before the Executive Ethics Commission  are
12    exempt  from the provisions of the Freedom of Information Act
13    so long as the Executive Ethics Commission does  not  make  a
14    finding  of  a violation of this Act. If the Executive Ethics
15    Commission finds that a violation has  occurred,  the  entire
16    record of proceedings before the Commission, the decision and
17    recommendation, and the mandatory report from the agency head
18    or  ultimate jurisdictional authority to the Executive Ethics
19    Commission are not exempt from the provisions of the  Freedom
20    of  Information Act but information contained therein that is
21    otherwise exempt from the Freedom of Information Act must  be
22    redacted  before  disclosure  as provided in Section 8 of the
23    Freedom of Information Act.
24        (c)  Meetings of the Commission under Sections  20-5  and
25    20-15  of this Act are exempt from the provisions of the Open
26    Meetings Act.
27        (d)  Unless  otherwise  provided   in   this   Act,   all
28    investigatory files and reports of the Office of an Executive
29    Inspector   General,   other   than  quarterly  reports,  are
30    confidential, are exempt from disclosure under the Freedom of
31    Information Act, and shall not be divulged to any  person  or
32    agency,  except  as  necessary  (i)  to  the  appropriate law
33    enforcement authority if the matter is referred  pursuant  to
 
SB702 Enrolled             -42-      LRB093 03133 JAM 03150 b
 1    this  Act,  (ii)  to  the  ultimate jurisdictional authority,
 2    (iii) to the Executive Ethics Commission; or (iv) to  another
 3    Inspector General appointed pursuant to this Act.

 4        (93 HB3412enr. Art. 25 heading new)
 5                             ARTICLE 25
 6                  LEGISLATIVE ETHICS COMMISSION AND
 7                    LEGISLATIVE INSPECTOR GENERAL

 8        (93 HB3412enr. Sec. 25-5 new)
 9        Sec. 25-5. Legislative Ethics Commission.
10        (a) The Legislative Ethics Commission is created.
11        (b)  The Legislative Ethics Commission shall consist of 8
12    commissioners appointed 2 each by the President and  Minority
13    Leader  of  the Senate and the Speaker and Minority Leader of
14    the House of Representatives.
15        The terms of the  initial  commissioners  shall  commence
16    upon qualification. Each appointing authority shall designate
17    one  appointee  who  shall  serve  for  a 2-year term running
18    through  June  30,  2005.  Each  appointing  authority  shall
19    designate one appointee who shall serve  for  a  4-year  term
20    running through June 30, 2007. The initial appointments shall
21    be made within 60 days after the effective date of this Act.
22        After  the  initial  terms, commissioners shall serve for
23    4-year terms commencing on July 1 of the year of  appointment
24    and  running  through  June  30 of the fourth following year.
25    Commissioners may be reappointed to one  or  more  subsequent
26    terms.
27        Vacancies occurring other than at the end of a term shall
28    be filled by the appointing authority only for the balance of
29    the term of the commissioner whose office is vacant.
30        Terms  shall  run  regardless  of whether the position is
31    filled.
32        (c)   The   appointing    authorities    shall    appoint
 
SB702 Enrolled             -43-      LRB093 03133 JAM 03150 b
 1    commissioners who have experience holding governmental office
 2    or  employment  and may appoint commissioners who are members
 3    of the General Assembly as well  as  commissioners  from  the
 4    general public. A commissioner who is a member of the General
 5    Assembly must recuse himself or herself from participating in
 6    any  matter  relating  to  any investigation or proceeding in
 7    which he or she is the subject. A person is not  eligible  to
 8    serve as a commissioner if that person (i) has been convicted
 9    of a felony or a crime of dishonesty or moral turpitude, (ii)
10    is,  or  was  within  the  preceding  12  months,  engaged in
11    activities  that  require  registration  under  the  Lobbyist
12    Registration Act, (iii)  is  a  relative  of  the  appointing
13    authority,  or (iv) is a State officer or employee other than
14    a member of the General Assembly.
15        (d)  The  Legislative  Ethics   Commission   shall   have
16    jurisdiction  over  members  of the General Assembly and  all
17    State employees whose ultimate  jurisdictional  authority  is
18    (i)   a   legislative  leader,  (ii)  the  Senate  Operations
19    Commission, or  (iii)  the  Joint  Committee  on  Legislative
20    Support  Services.  The  jurisdiction  of  the  Commission is
21    limited to matters arising under this Act.
22        (e)  The Legislative Ethics Commission must meet,  either
23    in  person  or  by  other  technological means, monthly or as
24    often as necessary. At the first meeting of  the  Legislative
25    Ethics  Commission, the commissioners shall choose from their
26    number a  chairperson  and  other  officers  that  they  deem
27    appropriate.  The  terms  of  officers  shall  be for 2 years
28    commencing July 1 and running through June 30 of  the  second
29    following  year.  Meetings  shall  be held at the call of the
30    chairperson or any 3 commissioners. Official  action  by  the
31    Commission   shall   require   the   affirmative  vote  of  5
32    commissioners, and a quorum shall consist of 5 commissioners.
33    Commissioners  shall  receive  no  compensation  but  may  be
34    reimbursed for their reasonable expenses actually incurred in
 
SB702 Enrolled             -44-      LRB093 03133 JAM 03150 b
 1    the performance of their duties.
 2        (f)  No commissioner, other than a commissioner who is  a
 3    member   of   the   General  Assembly,  or  employee  of  the
 4    Legislative Ethics Commission may during his or her  term  of
 5    appointment or 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  Legislative  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 Legislative Ethics Commission may
22    employ  and  determine  the   compensation   of   staff,   as
23    appropriations permit.

24        (93 HB3412enr. Sec. 25-10 new)
25        Sec. 25-10. Office of Legislative Inspector General.
26        (a)  The  independent Office of the Legislative Inspector
27    General is created. The Office shall be under  the  direction
28    and  supervision  of  the  Legislative  Inspector General and
29    shall  be  a  fully   independent   office   with   its   own
30    appropriation.
31        (b)  The Legislative Inspector General shall be appointed
32    without  regard  to  political  affiliation and solely on the
33    basis of integrity and demonstrated ability. The  Legislative
 
SB702 Enrolled             -45-      LRB093 03133 JAM 03150 b
 1    Ethics  Commission  shall  diligently  search  out  qualified
 2    candidates  for  Legislative Inspector General and shall make
 3    recommendations to the General Assembly.
 4        The Legislative Inspector General shall be appointed by a
 5    joint  resolution  of   the   Senate   and   the   House   of
 6    Representatives,  which  may  specify  the  date on which the
 7    appointment  takes  effect.  A  joint  resolution,  or  other
 8    document as may be  specified  by  the  Joint  Rules  of  the
 9    General   Assembly,   appointing  the  Legislative  Inspector
10    General must be certified by the  Speaker  of  the  House  of
11    Representatives  and  the  President  of the Senate as having
12    been adopted by the affirmative vote of three-fifths  of  the
13    members  elected  to  each  house, respectively, and be filed
14    with  the  Secretary  of  State.  The  appointment   of   the
15    Legislative  Inspector  General  takes  effect on the day the
16    appointment is completed by the General Assembly, unless  the
17    appointment  specifies  a later date on which it is to become
18    effective.
19        The  Legislative  Inspector  General   shall   have   the
20    following qualifications:
21             (1)  has not been convicted  of any felony under the
22        laws of this State, another state, or the United States;
23             (2)  has  earned  a  baccalaureate  degree  from  an
24        institution of higher education; and
25             (3)  has  5  or more years of cumulative service (A)
26        with a federal, State, or local law  enforcement  agency,
27        at  least  2  years  of  which have been in a progressive
28        investigatory capacity; (B) as a federal, State, or local
29        prosecutor; (C) as a senior manager  or  executive  of  a
30        federal,  State,  or  local  agency;  (D) as a member, an
31        officer, or a State or federal judge; or (E) representing
32        any combination of (A) through (D).
33        The Legislative Inspector General may not be  a  relative
34    of a commissioner.
 
SB702 Enrolled             -46-      LRB093 03133 JAM 03150 b
 1        The  term  of  the  initial Legislative Inspector General
 2    shall commence upon qualification and shall run through  June
 3    30, 2008.
 4        After the initial term, the Legislative Inspector General
 5    shall serve for 5-year terms commencing on July 1 of the year
 6    of  appointment  and  running  through  June  30 of the fifth
 7    following year. The  Legislative  Inspector  General  may  be
 8    reappointed to one or more subsequent terms.
 9        A vacancy occurring other than at the end of a term shall
10    be  filled  in the same manner as an appointment only for the
11    balance of the term  of  the  Legislative  Inspector  General
12    whose office is vacant.
13        Terms  shall  run  regardless  of whether the position is
14    filled.
15        (c)  The  Legislative  Inspector   General   shall   have
16    jurisdiction over the members of the General Assembly and all
17    State  employees  whose  ultimate jurisdictional authority is
18    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
19    Commission,  or  (iii)  the  Joint  Committee  on Legislative
20    Support Services.
21        The jurisdiction of each Legislative Inspector General is
22    to  investigate   allegations   of   fraud,   waste,   abuse,
23    mismanagement,    misconduct,    nonfeasance,    misfeasance,
24    malfeasance, or violations of this Act or violations of other
25    related laws and rules.
26        (d)  The   compensation   of  the  Legislative  Inspector
27    General shall be the greater of an amount (i)  determined  by
28    the  Commission  or  (ii)  by joint resolution of the General
29    Assembly passed by a majority  of  members  elected  in  each
30    chamber.   Subject   to   Section  25-45  of  this  Act,  the
31    Legislative Inspector General has full authority to  organize
32    the  Office  of  the Legislative Inspector General, including
33    the employment  and  determination  of  the  compensation  of
34    staff,  such as deputies, assistants, and other employees, as
 
SB702 Enrolled             -47-      LRB093 03133 JAM 03150 b
 1    appropriations permit.
 2        (e)  No Legislative Inspector General or employee of  the
 3    Office  of  the Legislative Inspector General may, during his
 4    or her term of appointment or employment:
 5             (1)  become a candidate for any elective office;
 6             (2)  hold any  other  elected  or  appointed  public
 7        office  except  for appointments on governmental advisory
 8        boards or study commissions  or  as  otherwise  expressly
 9        authorized by law;
10             (3)  be  actively  involved  in  the  affairs of any
11        political party or political organization; or
12             (4)  actively participate in any  campaign  for  any
13        elective office.
14        In  this  subsection  an  appointed public office means a
15    position authorized by law that is filled  by  an  appointing
16    authority  as provided by law and does not include employment
17    by hiring in the ordinary course of business.
18        (e-1)  No Legislative Inspector General  or  employee  of
19    the  Office of the Legislative Inspector General may, for one
20    year after the termination  of  his  or  her  appointment  or
21    employment:
22             (1)  become a candidate for any elective office;
23             (2)  hold any elected public office; or
24             (3)  hold  any  appointed  State,  county,  or local
25        judicial office.
26        (e-2)  The requirements of item (3) of  subsection  (e-1)
27    may be waived by the Legislative Ethics Commission.
28        (f)  The  Commission may remove the Legislative Inspector
29    General only for cause.  At the  time  of  the  removal,  the
30    Commission   must   report   to   the  General  Assembly  the
31    justification for the removal.

32        (93 HB3412enr. Sec. 25-15 new)
33        Sec. 25-15. Duties of the Legislative Ethics  Commission.
 
SB702 Enrolled             -48-      LRB093 03133 JAM 03150 b
 1    In   addition  to  duties  otherwise  assigned  by  law,  the
 2    Legislative  Ethics  Commission  shall  have  the   following
 3    duties:
 4        (1)  To promulgate rules governing the performance of its
 5    duties and the exercise  of  its  powers  and  governing  the
 6    investigations of the Legislative Inspector General.
 7        (2)  To  conduct  administrative  hearings  and  rule  on
 8    matters  brought  before the Commission only upon the receipt
 9    of pleadings filed by the Legislative Inspector  General  and
10    not  upon  its  own  prerogative,  but  may  appoint  special
11    Legislative  Inspectors General as provided in Section 25-21.
12    Any  other  allegations  of  misconduct   received   by   the
13    Commission from a person other than the Legislative Inspector
14    General  shall  be  referred to the Office of the Legislative
15    Inspector General.
16        (3) To  prepare  and  publish  manuals  and  guides  and,
17    working  with  the  Office  of  the Attorney General, oversee
18    training of employees under its  jurisdiction  that  explains
19    their duties.
20        (4) To prepare public information materials to facilitate
21    compliance, implementation, and enforcement of this Act.
22        (5) To submit reports as required by this Act.
23        (6)  To  the  extent  authorized  by  this  Act,  to make
24    rulings, issue  recommendations,  and  impose  administrative
25    fines,  if appropriate, in connection with the implementation
26    and interpretation of this Act. The powers and duties of  the
27    Commission  are limited to matters clearly within the purview
28    of this Act.
29        (7) To issue subpoenas with respect  to  matters  pending
30    before  the  Commission,  subject  to  the provisions of this
31    Article and in the discretion of the  Commission,  to  compel
32    the attendance of witnesses for purposes of testimony and the
33    production  of  documents  and other items for inspection and
34    copying.
 
SB702 Enrolled             -49-      LRB093 03133 JAM 03150 b
 1        (8)  To appoint special Legislative Inspectors General as
 2    provided in Section 25-21.

 3        (93 HB3412enr. Sec. 25-20 new)
 4        Sec. 25-20. Duties of the Legislative Inspector  General.
 5    In   addition  to  duties  otherwise  assigned  by  law,  the
 6    Legislative  Inspector  General  shall  have  the   following
 7    duties:
 8        (1)  To receive and investigate allegations of violations
 9    of  this  Act.  The Legislative Inspector General may receive
10    information through the Office of the  Legislative  Inspector
11    General or through an ethics commission. An investigation may
12    be  conducted only in response to information reported to the
13    Legislative Inspector General as provided in this Section and
14    not upon his or her own prerogative. Allegations may  not  be
15    made  anonymously. An investigation may not be initiated more
16    than one year after  the  most  recent  act  of  the  alleged
17    violation  or  of a series of alleged violations except where
18    there  is  reasonable  cause  to  believe   that   fraudulent
19    concealment   has   occurred.    To   constitute   fraudulent
20    concealment sufficient to toll this limitations period, there
21    must  be  an  affirmative act or representation calculated to
22    prevent discovery of the fact that a violation has  occurred.
23    The  Legislative  Inspector General shall have the discretion
24    to  determine  the  appropriate  means  of  investigation  as
25    permitted by law.
26        (2)  To request information relating to an  investigation
27    from  any person when the Legislative Inspector General deems
28    that information necessary in conducting an investigation.
29        (3)  To issue subpoenas, with the advance approval of the
30    Commission, to compel the attendance  of  witnesses  for  the
31    purposes  of  testimony and production of documents and other
32    items for inspection and copying and to make service of those
33    subpoenas and subpoenas issued  under  item  (7)  of  Section
 
SB702 Enrolled             -50-      LRB093 03133 JAM 03150 b
 1    25-15.
 2        (4)  To submit reports as required by this Act.
 3        (5)  To  file  pleadings  in  the name of the Legislative
 4    Inspector General with  the  Legislative  Ethics  Commission,
 5    through  the Attorney General, as provided in this Article if
 6    the Attorney General finds that reasonable  cause  exists  to
 7    believe that a violation has occurred.
 8        (6)  To  assist  and  coordinate  the ethics officers for
 9    State agencies under  the  jurisdiction  of  the  Legislative
10    Inspector General and to work with those ethics officers.
11        (7)  To  participate  in  or  conduct,  when appropriate,
12    multi-jurisdictional investigations.
13        (8)  To request, as  the  Legislative  Inspector  General
14    deems  appropriate,  from  ethics  officers of State agencies
15    under his or her  jurisdiction, reports or information on (i)
16    the content of a State agency's ethics training  program  and
17    (ii)  the  percentage  of new officers and employees who have
18    completed ethics training.

19        (93 HB3412enr. Sec. 25-21 new)
20        Sec. 25-21.  Special Legislative Inspectors General.
21        (a)  The  Legislative  Ethics  Commission,  on  its   own
22    initiative   and   by  majority  vote,  may  appoint  special
23    Legislative Inspectors General  (i)  to  investigate  alleged
24    violations  of this Act, if an investigation by the Inspector
25    General  was  not  concluded  within  6  months   after   its
26    initiation,  where  the  Commission  finds that the Inspector
27    General's reasons under Section 25-65 for failing to complete
28    the  investigation  are  insufficient  and  (ii)  to   accept
29    referrals from the Commission of allegations made pursuant to
30    this  Act  concerning the Legislative Inspector General or an
31    employee of the Office of the Legislative  Inspector  General
32    and to investigate those allegations.
33        (b)  A  special  Legislative  Inspector General must have
 
SB702 Enrolled             -51-      LRB093 03133 JAM 03150 b
 1    the same qualifications as the Legislative Inspector  General
 2    appointed under Section 25-10.
 3        (c)  The    Commission's   appointment   of   a   special
 4    Legislative Inspector General must be  in  writing  and  must
 5    specify the duration and purpose of the appointment.
 6        (d)  A  special  Legislative Inspector General shall have
 7    the same powers and duties with respect to the purpose of his
 8    or her  appointment  as  the  Legislative  Inspector  General
 9    appointed under Section 25-10.
10        (e)  A special Legislative Inspector General shall report
11    the findings of his or her investigation to the Commission.
12        (f)  The  Commission may report the findings of a special
13    Legislative Inspector General  and  its  recommendations,  if
14    any, to the General Assembly.

15        (93 HB3412enr. Sec. 25-23 new)
16        Sec.  25-23.  Ethics Officers. The President and Minority
17    Leader of the Senate and the Speaker and Minority  Leader  of
18    the  House  of  Representatives  shall each appoint an ethics
19    officer  for  the  members  and  employees  of  his  or   her
20    legislative  caucus.  No later than January 1, 2004, the head
21    of  each  State  agency  under  the   jurisdiction   of   the
22    Legislative   Ethics   Commission,  other  than  the  General
23    Assembly, shall designate an ethics  officer  for  the  State
24    agency. Ethics Officers shall:
25             (1)  act  as  liaisons  between the State agency and
26        the Legislative Inspector General and between  the  State
27        agency and the Legislative Ethics Commission;
28             (2)  review  statements  of  economic  interest  and
29        disclosure  forms  of  officers,  senior  employees,  and
30        contract   monitors   before  they  are  filed  with  the
31        Secretary of State; and
32             (3)  provide guidance to officers and  employees  in
33        the  interpretation and implementation of this Act, which
 
SB702 Enrolled             -52-      LRB093 03133 JAM 03150 b
 1        the officer or employee may in good faith rely upon. Such
 2        guidance shall be based, wherever  possible,  upon  legal
 3        precedent  in  court  decisions, opinions of the Attorney
 4        General, and the findings and opinions of the Legislative
 5        Ethics Commission.

 6        (93 HB3412enr. Sec. 25-35 new)
 7        Sec. 25-35. Administrative subpoena; compliance. A person
 8    duly subpoenaed for testimony, documents, or other items  who
 9    neglects  or refuses to testify or produce documents or other
10    items under the requirements of the subpoena shall be subject
11    to punishment as may be determined by a  court  of  competent
12    jurisdiction.  Nothing  in  this  Section  limits or alters a
13    person's  existing  rights  or  protections  under  State  or
14    federal law.

15        (93 HB3412enr. Sec. 25-45 new)
16        Sec. 25-45. Standing; representation.
17        (a)  Only the Legislative  Inspector  General  may  bring
18    actions before the Legislative Ethics Commission.
19        (b)  The Attorney General shall represent the Legislative
20    Inspector  General  in all proceedings before the Commission.
21    Whenever the Attorney General is sick or absent, or unable to
22    attend, or is interested in any matter  or  proceeding  under
23    this  Act,  upon  the  filing of a petition under seal by any
24    person with standing, the Supreme Court (or any  other  court
25    of  competent  jurisdiction  as  designated and determined by
26    rule of the  Supreme  Court)  may  appoint    some  competent
27    attorney  to  prosecute  or defend that matter or proceeding,
28    and the attorney so appointed shall have the same  power  and
29    authority  in  relation  to  that matter or proceeding as the
30    Attorney General would have had if present and  attending  to
31    the same.
32        (c)  Attorneys   representing  an  Inspector  General  in
 
SB702 Enrolled             -53-      LRB093 03133 JAM 03150 b
 1    proceedings before the Legislative Ethics Commission,  except
 2    an   attorney   appointed  under  subsection  (b),  shall  be
 3    appointed or retained by the Attorney General, shall be under
 4    the supervision,  direction,  and  control  of  the  Attorney
 5    General,  and  shall  serve  at  the pleasure of the Attorney
 6    General. The  compensation  of  any  attorneys  appointed  or
 7    retained in accordance with this subsection or subsection (b)
 8    shall  be  paid  by  the  Office of the Legislative Inspector
 9    General.

10        (93 HB3412enr. Sec. 25-50 new)
11        Sec. 25-50.  Investigation reports; complaint procedure.
12        (a)  If  the  Legislative  Inspector  General,  upon  the
13    conclusion of an investigation,  determines  that  reasonable
14    cause  exists  to believe that a violation has occurred, then
15    the Legislative  Inspector  General  shall  issue  a  summary
16    report of the investigation. The report shall be delivered to
17    the  appropriate ultimate jurisdictional authority and to the
18    head of each State agency affected  by  or  involved  in  the
19    investigation, if appropriate.
20        (b)  The   summary  report  of  the  investigation  shall
21    include the following:
22             (1)  A  description  of  any  allegations  or  other
23        information received by the Legislative Inspector General
24        pertinent to the investigation.
25             (2)  A  description  of   any   alleged   misconduct
26        discovered in the course of the investigation.
27             (3)  Recommendations    for    any   corrective   or
28        disciplinary action  to  be  taken  in  response  to  any
29        alleged misconduct described in the report, including but
30        not limited to discharge.
31             (4)  Other  information  the  Legislative  Inspector
32        General  deems relevant to the investigation or resulting
33        recommendations.
 
SB702 Enrolled             -54-      LRB093 03133 JAM 03150 b
 1        (c)  Not less than 30 days after delivery of the  summary
 2    report  of  an  investigation  under  subsection  (a), if the
 3    Legislative Inspector General desires to file a petition  for
 4    leave  to file a complaint, the Legislative Inspector General
 5    shall notify the Commission and the Attorney General. If  the
 6    Attorney  General  determines that reasonable cause exists to
 7    believe that a violation has occurred, then  the  Legislative
 8    Inspector  General,  represented by the Attorney General, may
 9    file with the Legislative Ethics Commission  a  petition  for
10    leave  to  file a complaint. The petition shall set forth the
11    alleged violation and the grounds that exist to  support  the
12    petition.  The petition for leave to file a complaint must be
13    filed with the Commission within 18  months  after  the  most
14    recent act of the alleged violation or of a series of alleged
15    violations  except where there is reasonable cause to believe
16    that fraudulent  concealment  has  occurred.   To  constitute
17    fraudulent  concealment  sufficient  to toll this limitations
18    period, there must be an affirmative  act  or  representation
19    calculated  to prevent discovery of the fact that a violation
20    has occurred. If a petition for leave to file a complaint  is
21    not filed with the Commission within 6 months after notice by
22    the  Inspector  General  to  the  Commission and the Attorney
23    General, then  the  Commission  may  set  a  meeting  of  the
24    Commission  at  which  the  Attorney General shall appear and
25    provide a status report to the Commission.
26        (d)  A copy  of  the  petition  must  be  served  on  all
27    respondents  named  in the complaint and on each respondent's
28    ultimate jurisdictional  authority  in  the  same  manner  as
29    process is served under the Code of Civil Procedure.
30        (e)  A respondent may file objections to the petition for
31    leave  to file a complaint within 30 days after notice of the
32    petition has been served on the respondent.
33        (f)  The Commission shall meet, either in  person  or  by
34    telephone,  in  a closed session to review the sufficiency of
 
SB702 Enrolled             -55-      LRB093 03133 JAM 03150 b
 1    the complaint. If the  Commission  finds  that  complaint  is
 2    sufficient, the Commission shall grant the petition for leave
 3    to  file  the complaint. The Commission shall issue notice to
 4    the Legislative Inspector General and all respondents of  the
 5    Commission's  ruling  on the sufficiency of the complaint. If
 6    the complaint is deemed to sufficiently allege a violation of
 7    this Act, then the Commission shall notify  the  parties  and
 8    shall  include  a hearing date scheduled within 4 weeks after
 9    the date of the notice, unless all of the parties consent  to
10    a  later date. If the complaint is deemed not to sufficiently
11    allege  a  violation,  then  the  Commission  shall  send  by
12    certified mail, return receipt requested,  a  notice  to  the
13    parties of the decision to dismiss the complaint.
14        (g)  On the scheduled date the Commission shall conduct a
15    closed  meeting, either in person or, if the parties consent,
16    by telephone, on the complaint  and  allow  all  parties  the
17    opportunity  to  present  testimony  and  evidence.  All such
18    proceedings shall be transcribed.
19        (h)  Within an appropriate time limit set by rules of the
20    Legislative  Ethics  Commission,  the  Commission  shall  (i)
21    dismiss the complaint  or  (ii)  issue  a  recommendation  of
22    discipline  to  the  respondent and the respondent's ultimate
23    jurisdictional authority or  impose  an  administrative  fine
24    upon the respondent, or both.
25        (i)  The  proceedings  on  any  complaint  filed with the
26    Commission shall be conducted pursuant to  rules  promulgated
27    by the Commission.
28        (j)  The  Commission  may  designate  hearing officers to
29    conduct proceedings as determined by rule of the Commission.
30        (k)  In  all  proceedings  before  the  Commission,   the
31    standard of proof is by a preponderance of the evidence.
32        (l)  When  the  Inspector General concludes that there is
33    insufficient evidence that  a  violation  has  occurred,  the
34    Inspector  General  shall  close  the  investigation.  At the
 
SB702 Enrolled             -56-      LRB093 03133 JAM 03150 b
 1    request of the subject of the  investigation,  the  Inspector
 2    General  shall  provide a written statement to the subject of
 3    the investigation and to  the  Commission  of  the  Inspector
 4    General's decision to close the investigation. Closure by the
 5    Inspector  General  does  not  bar the Inspector General from
 6    resuming the investigation if circumstances warrant.

 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
 
SB702 Enrolled             -57-      LRB093 03133 JAM 03150 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. Nothing in this
28    Section  limits  or  alters  a  person's  existing  rights or
29    privileges under State or federal law.

30        (93 HB3412enr. Sec. 25-80 new)
 
SB702 Enrolled             -58-      LRB093 03133 JAM 03150 b
 1        Sec.  25-80.  Referrals   of   investigations.   If   the
 2    Legislative  Inspector  General  determines  that any alleged
 3    misconduct  involves  any   person   not   subject   to   the
 4    jurisdiction   of  the  Legislative  Ethics  Commission,  the
 5    Legislative  Inspector  General  shall  refer  the   reported
 6    allegations  to  the  appropriate  ethics commission or other
 7    appropriate  body.  If  the  Legislative  Inspector   General
 8    determines  that  any  alleged  misconduct  may  give rise to
 9    criminal penalties, the  Legislative  Inspector  General  may
10    refer  the  allegations  regarding  that  misconduct  to  the
11    appropriate law enforcement authority.

12        (93 HB3412enr. Sec. 25-85 new)
13        Sec.   25-85.   Quarterly   reports  by  the  Legislative
14    Inspector General. The Legislative  Inspector  General  shall
15    submit  quarterly  reports  to  the  General Assembly and the
16    Legislative Ethics Commission, on  dates  determined  by  the
17    Legislative Ethics Commission, indicating:
18             (1)  the  number  of  allegations received since the
19        date of the last report;
20             (2)  the number of  investigations  initiated  since
21        the date of the last report;
22             (3)  the  number  of  investigations concluded since
23        the date of the last report;
24             (4)  the number of investigations pending as of  the
25        reporting date;
26             (5)  the  number  of  complaints  forwarded  to  the
27        Attorney General since the date of the last report; and
28             (6)  the   number   of   actions   filed   with  the
29        Legislative Ethics Commission since the date of the  last
30        report  and  the  number  of  actions  pending before the
31        Legislative Ethics Commission as of the reporting date.

32        (93 HB3412enr. Sec. 25-86 new)
 
SB702 Enrolled             -59-      LRB093 03133 JAM 03150 b
 1        Sec. 25-86.  Quarterly reports by the  Attorney  General.
 2    The  Attorney  General  shall submit quarterly reports to the
 3    Legislative Ethics Commission, on  dates  determined  by  the
 4    Legislative Ethics Commission, indicating:
 5             (1)  the  number  of  complaints  received  from the
 6        Legislative Inspector General since the date of the  last
 7        report;
 8             (2)  the number of complaints for which the Attorney
 9        General has determined reasonable cause exists to believe
10        that  a violation has occurred since the date of the last
11        report; and
12             (3)  the number of complaints still under review  by
13        the Attorney General.

14        (93 HB3412enr. Sec. 25-90 new)
15        Sec. 25-90. Confidentiality.
16        (a)  The identity of any individual providing information
17    or  reporting  any  possible  or  alleged  misconduct  to the
18    Legislative  Inspector  General  or  the  Legislative  Ethics
19    Commission  shall  be  kept  confidential  and  may  not   be
20    disclosed  without the consent of that individual, unless the
21    individual consents to disclosure  of  his  or  her  name  or
22    disclosure of the individual's identity is otherwise required
23    by  law.  The confidentiality granted by this subsection does
24    not preclude the disclosure of the identity of  a  person  in
25    any capacity other than as the source of an allegation.
26        (b)  Subject  to  the  provisions  of  Section  25-50(c),
27    commissioners,  employees,  and  agents  of  the  Legislative
28    Ethics  Commission,  the  Legislative  Inspector General, and
29    employees  and  agents  of  the  Office  of  the  Legislative
30    Inspector General  shall  keep  confidential  and  shall  not
31    disclose  information  exempted  from  disclosure  under  the
32    Freedom of Information Act or by this Act.
 
SB702 Enrolled             -60-      LRB093 03133 JAM 03150 b
 1        (93 HB3412enr. Sec. 25-95 new)
 2        Sec. 25-95. Exemptions.
 3        (a)  Documents  generated by an ethics officer under this
 4    Act, except Section 5-50, are exempt from the  provisions  of
 5    the Freedom of Information Act.
 6        (b)  Any  allegations  and related documents submitted to
 7    the Legislative  Inspector  General  and  any  pleadings  and
 8    related  documents  brought  before  the  Legislative  Ethics
 9    Commission  are  exempt from the provisions of the Freedom of
10    Information Act so long as the Legislative Ethics  Commission
11    does  not  make  a finding of a violation of this Act. If the
12    Legislative Ethics Commission  finds  that  a  violation  has
13    occurred,   the  entire  record  of  proceedings  before  the
14    Commission,  the  decision  and   recommendation,   and   the
15    mandatory   report   from   the   agency   head  or  ultimate
16    jurisdictional authority to the Legislative Ethics Commission
17    are  not  exempt  from  the  provisions  of  the  Freedom  of
18    Information Act but information  contained  therein  that  is
19    exempt  from  the Freedom of Information Act must be redacted
20    before disclosure as provided in Section 8 of the Freedom  of
21    Information Act.
22        (c)  Meetings  of  the Commission under Sections 25-5 and
23    25-15 of this Act are exempt from the provisions of the  Open
24    Meetings Act.
25        (d)  Unless   otherwise   provided   in   this  Act,  all
26    investigatory  files  and  reports  of  the  Office  of   the
27    Legislative  Inspector General, other than quarterly reports,
28    are  confidential,  are  exempt  from  disclosure  under  the
29    Freedom of Information Act, and shall not be divulged to  any
30    person  or agency, except as necessary (i) to the appropriate
31    law enforcement authority if the matter is referred  pursuant
32    to  this  Act, (ii) to the ultimate jurisdictional authority,
33    or (iii) to the Legislative Ethics Commission.
 
SB702 Enrolled             -61-      LRB093 03133 JAM 03150 b
 1        (93 HB3412enr. Art. 30 heading new)
 2                             ARTICLE 30
 3                           AUDITOR GENERAL

 4        (93 HB3412enr. Sec. 30-5 new)
 5        Sec. 30-5.  Appointment of Inspector General.
 6        (a)  The  Auditor  General  shall  appoint  an  Inspector
 7    General (i)  to  investigate  allegations  of  violations  of
 8    Articles  5  and 10 by State officers and employees under his
 9    or her jurisdiction and (ii)  to  perform  other  duties  and
10    exercise  other  powers assigned to the Inspectors General by
11    this or  any  other  Act.  The  Inspector  General  shall  be
12    appointed  within  6  months after the effective date of this
13    Act.
14        (b)  The Auditor General shall provide by  rule  for  the
15    operation  of his or her Inspector General. It is declared to
16    be in the public  interest,  safety,  and  welfare  that  the
17    Auditor  General  adopt  emergency  rules  under the Illinois
18    Administrative Procedure Act to initially perform his or  her
19    duties under this subsection.
20        (c)  The   Auditor   General   may  appoint  an  existing
21    inspector general as the Inspector General required  by  this
22    Article,  provided  that  such  an  inspector  general is not
23    prohibited by  law,  rule,  jurisdiction,  qualification,  or
24    interest  from  serving  as the Inspector General required by
25    this Article.
26        The Auditor General may not appoint  a  relative  as  the
27    Inspector General required by this Article.

28        (93 HB3412enr. Sec. 30-10 new)
29        Sec.  30-10.  Ethics  Officer.  The Auditor General shall
30    designate an Ethics Officer for the  office  of  the  Auditor
31    General. The ethics officer shall:
32             (1)  act  as  liaison  between  the  Office  of  the
 
SB702 Enrolled             -62-      LRB093 03133 JAM 03150 b
 1        Auditor General and the Inspector General appointed under
 2        this Article;
 3             (2)  review  statements  of  economic  interest  and
 4        disclosure  forms  of  officers,  senior  employees,  and
 5        contract   monitors   before  they  are  filed  with  the
 6        Secretary of State; and
 7             (3)  provide guidance to officers and  employees  in
 8        the  interpretation and implementation of this Act, which
 9        the officer or employee may in good faith rely upon. Such
10        guidance shall be based, whenever  possible,  upon  legal
11        precedent in court decisions and opinions of the Attorney
12        General.

13        (93 HB3412enr. Art. 35 heading new)

14                             ARTICLE 35
15        OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH

16        (93 HB3412enr. Sec. 35-5 new)
17        Sec. 35-5.  Appointment of Inspectors General. Nothing in
18    this  Act  precludes  the  appointment  by  the Governor, the
19    Lieutenant Governor, the Attorney General, the  Secretary  of
20    State,  the  Comptroller,  or  the Treasurer of any inspector
21    general required or permitted by law.  Nothing  in  this  Act
22    precludes  the  Governor, the Attorney General, the Secretary
23    of State, the Comptroller, or the Treasurer  from  appointing
24    an  existing  inspector general under his or her jurisdiction
25    to serve simultaneously as an  Executive  Inspector  General.
26    This  Act  shall be read consistently with all existing State
27    statutes   that   create   inspectors   general   under   the
28    jurisdiction of an executive branch constitutional officer.

29        (93 HB3412enr. Art. 50, Sec. 50-5)
30        Sec. 50-5.  Penalties.
31        (a)  A person is guilty of a Class A misdemeanor if  that
 
SB702 Enrolled             -63-      LRB093 03133 JAM 03150 b
 1    person  intentionally violates any provision of Section 5-15,
 2    5-30, 5-40, or 5-45 or Article 15.
 3        (b)  A person who intentionally violates any provision of
 4    Section 5-20, 5-35, 5-50, or 5-55 is  guilty  of  a  business
 5    offense  subject  to  a  fine  of  at  least $1,001 and up to
 6    $5,000.
 7        (c)  A person who intentionally violates any provision of
 8    Article 10 is guilty of a business offense and subject  to  a
 9    fine of at least $1,001 and up to $5,000.
10        (d)  Any  person  who  intentionally makes a false report
11    alleging a violation of any  provision  of  this  Act  to  an
12    ethics  commission, an inspector general, the State Police, a
13    State's Attorney, the Attorney  General,  or  any  other  law
14    enforcement official is guilty of a Class A misdemeanor.
15        (e)  An ethics commission may levy an administrative fine
16    of up to $5,000 against any person who violates this Act, who
17    intentionally  obstructs  or interferes with an investigation
18    conducted under this Act by  an  inspector  general,  or  who
19    intentionally   makes   a  false,  frivolous,  or  bad  faith
20    allegation.
21        (f)  In addition to any other  penalty  that  may  apply,
22    whether criminal or civil, a State employee who intentionally
23    violates  any  provision  of  Section 5-15, 5-20, 5-30, 5-35,
24    5-40, or 5-50, Article 10, Article 15, or  Section  20-90  or
25    25-90   is   subject   to  discipline  or  discharge  by  the
26    appropriate ultimate jurisdictional authority.
27        Penalties.
28        (a)  A person is guilty of a Class A misdemeanor if  that
29    person  intentionally violates any provision of Section 5-15,
30    5-30, 5-40, or 5-45 or Article 15.
31        (b)  A person who intentionally violates any provision of
32    Section 5-20 or Section 5-35 is guilty of a business  offense
33    subject to a fine of at least $1,001 and up to $5,000.
34        (c)  In  addition  to  any  other penalty that may apply,
 
SB702 Enrolled             -64-      LRB093 03133 JAM 03150 b
 1    whether criminal or civil, a director,  a  supervisor,  or  a
 2    State  employee  who  intentionally violates any provision of
 3    Section 5-15, 5-20, 5-30, 5-35, or  5-40  or  Article  15  is
 4    subject   to  discipline  or  discharge  by  the  appropriate
 5    ultimate jurisdictional authority.
 6    (Source: 93HB3412enr.)

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

27        (93 HB3412enr. Art. 70, Sec. 70-15)
28        Sec.  70-15.  Home  rule  preemption.  This  Article is a
29    denial and limitation of home rule powers  and  functions  in
30    accordance with subsection (i) of Section 6 of Article VII of
31    the  Illinois Constitution. A home rule unit may not regulate
32    the political activities of its officers  and  employees  and
 
SB702 Enrolled             -65-      LRB093 03133 JAM 03150 b
 1    the soliciting, offering, accepting, and making of gifts in a
 2    manner  less  restrictive than the provisions of Section 70-5
 3    this Act.
 4    (Source: 93HB3412enr.)

 5        Section 55.  If and only if House Bill 3412 as passed  by
 6    the  93rd  General  Assembly  becomes  law by override of the
 7    Governor's  amendatory  veto,  the  Illinois   Administrative
 8    Procedure  Act is amended by changing Sections 1-20 and 5-165
 9    as follows:

10        (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
11        Sec.  1-20.   "Agency"   means   each   officer,   board,
12    commission,  and  agency created by the Constitution, whether
13    in the executive, legislative, or judicial  branch  of  State
14    government,  but  other than the circuit court; each officer,
15    department,   board,   commission,    agency,    institution,
16    authority,  university, and body politic and corporate of the
17    State; each administrative unit or corporate outgrowth of the
18    State government that is created by or pursuant  to  statute,
19    other  than  units  of  local  government and their officers,
20    school districts, and boards of election  commissioners;  and
21    each  administrative unit or corporate outgrowth of the above
22    and as may be created by executive  order  of  the  Governor.
23    "Agency", however, does not include the following:
24             (1)  The  House  of  Representatives  and Senate and
25        their respective standing and service committees.
26             (2)  The Governor.
27             (3)  The justices and  judges  of  the  Supreme  and
28        Appellate Courts.
29             (4)  The Legislative Ethics Commission.
30    (Source: P.A. 87-823.)

31        (5 ILCS 100/5-165)
 
SB702 Enrolled             -66-      LRB093 03133 JAM 03150 b
 1        Sec.   5-165.  Ex  parte  communications  in  rulemaking;
 2    special government agents.
 3        (a)  Notwithstanding  any  law  to  the  contrary,   this
 4    Section  applies  to  ex parte communications made during the
 5    rulemaking process.
 6        (b)  "Ex parte communication" means any written  or  oral
 7    communication  by  any person required to be registered under
 8    the Lobbyist Registration Act  to  an  agency,  agency  head,
 9    administrative law judge, or other agency employee during the
10    rulemaking   period   that   imparts   or  requests  material
11    information or makes a material argument regarding  potential
12    action   concerning   an   agency's  general,  emergency,  or
13    peremptory rulemaking under this Act and that is communicated
14    to that agency,  the  head  of  that  agency,  or  any  other
15    employee  of  that  agency. For purposes of this Section, the
16    rulemaking period begins upon the commencement of  the  first
17    notice  period  with  respect  to  general  rulemaking  under
18    Section  5-40,  upon  the  filing  of  a  notice of emergency
19    rulemaking under Section 5-45, or upon the filing of a notice
20    of rulemaking with respect  to  peremptory  rulemaking  under
21    Section  5-50.  "Ex parte communication" does not include the
22    following: (i) statements by a  person  publicly  made  in  a
23    public  forum; (ii) statements regarding matters of procedure
24    and practice, such as the  format  of  public  comments,  the
25    number   of  copies  required,  the  manner  of  filing  such
26    comments, and the status  of  a  rulemaking  proceeding;  and
27    (iii)  statements  made by a State official or State employee
28    of that agency to the agency head or other employee  of  that
29    agency.
30        (c)  An  ex  parte  communication received by any agency,
31    agency head, or other agency employee, or administrative  law
32    judge  shall  immediately be reported to that agency's ethics
33    officer by the recipient of  the  communication  and  by  any
34    other   employee   of   that   agency  who  responds  to  the
 
SB702 Enrolled             -67-      LRB093 03133 JAM 03150 b
 1    communication.  The ethics officer shall require that the  ex
 2    parte  communication promptly be made a part of the record of
 3    the rulemaking proceeding.  The ethics officer shall promptly
 4    file the ex parte communication  with  the  Executive  Ethics
 5    Commission, including all written communications, all written
 6    responses to the communications, and a memorandum prepared by
 7    the  ethics  officer  stating the nature and substance of all
 8    oral communications, the identity and job title of the person
 9    to whom each communication was made, and all responses  made,
10    the  identity  and  job  title  of  the  person  making  each
11    response,  and  the  identity  of  each  person from whom the
12    written or oral ex  parte  communication  was  received,  the
13    individual  or  entity represented by that person, any action
14    the person requested or recommended, and any other  pertinent
15    information.    The disclosure shall also contain the date of
16    any ex parte communication.
17        (d)  Failure to take certain actions under  this  Section
18    may constitute a violation as provided in Section 5-50 of the
19    State Officials and Employees Ethics Act.
20    (Source: 93 HB3412enr.)

21        Section  60.  If and only if House Bill 3412 as passed by
22    the 93rd General Assembly becomes  law  by  override  of  the
23    Governor's  amendatory veto, the Open Meetings Act is amended
24    by changing Section 1.02 as follows:

25        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
26        Sec. 1.02.  For the purposes of this Act:
27        "Meeting" means any gathering of a majority of  a  quorum
28    of  the  members  of  a  public  body held for the purpose of
29    discussing public business.
30        "Public  body"  includes  all   legislative,   executive,
31    administrative  or  advisory  bodies  of the State, counties,
32    townships,  cities,  villages,  incorporated  towns,   school
 
SB702 Enrolled             -68-      LRB093 03133 JAM 03150 b
 1    districts  and  all  other  municipal  corporations,  boards,
 2    bureaus,  committees  or  commissions  of this State, and any
 3    subsidiary bodies of any of the foregoing including  but  not
 4    limited  to  committees and subcommittees which are supported
 5    in whole or in part by  tax  revenue,  or  which  expend  tax
 6    revenue,  except  the  General  Assembly  and  committees  or
 7    commissions  thereof.  "Public  body" includes tourism boards
 8    and convention or civic center  boards  located  in  counties
 9    that are contiguous to the Mississippi River with populations
10    of  more  than  250,000 but less than 300,000.  "Public body"
11    includes the Health Facilities Planning Board.  "Public body"
12    does not include a child death review team  or  the  Illinois
13    Child  Death Review Teams Executive Council established under
14    the Child Death Review Team  Act  or  an  ethics  commission,
15    ethics  officer,  or ultimate jurisdictional authority acting
16    under the State Officials and Employees Ethics Act State Gift
17    Ban Act as provided by Section 80 of that Act.
18    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

19        Section 70.  If and only if House Bill 3412 as passed  by
20    the  93rd  General  Assembly  becomes  law by override of the
21    Governor's amendatory veto, the Freedom of Information Act is
22    amended by changing Section 7 as follows:

23        (5 ILCS 140/7) (from Ch. 116, par. 207)
24        Sec. 7.  Exemptions.
25        (1)  The following shall be exempt  from  inspection  and
26    copying:
27             (a)  Information    specifically   prohibited   from
28        disclosure  by  federal  or  State  law  or   rules   and
29        regulations adopted under federal or State law.
30             (b)  Information    that,    if   disclosed,   would
31        constitute a clearly  unwarranted  invasion  of  personal
32        privacy, unless the disclosure is consented to in writing
 
SB702 Enrolled             -69-      LRB093 03133 JAM 03150 b
 1        by  the  individual  subjects  of  the  information.  The
 2        disclosure of information that bears on the public duties
 3        of public employees and officials shall not be considered
 4        an invasion of personal  privacy.   Information  exempted
 5        under  this  subsection  (b)  shall  include  but  is not
 6        limited to:
 7                  (i)  files and personal information  maintained
 8             with   respect   to  clients,  patients,  residents,
 9             students  or  other  individuals  receiving  social,
10             medical,   educational,    vocational,    financial,
11             supervisory  or  custodial care or services directly
12             or  indirectly  from  federal  agencies  or   public
13             bodies;
14                  (ii)  personnel  files and personal information
15             maintained with respect to employees, appointees  or
16             elected  officials  of any public body or applicants
17             for those positions;
18                  (iii)  files    and    personal     information
19             maintained with respect to any applicant, registrant
20             or  licensee  by any public body cooperating with or
21             engaged    in    professional    or     occupational
22             registration, licensure or discipline;
23                  (iv)  information  required  of any taxpayer in
24             connection with the assessment or collection of  any
25             tax unless disclosure is otherwise required by State
26             statute; and
27                  (v)  information   revealing  the  identity  of
28             persons  who  file  complaints   with   or   provide
29             information  to  administrative,  investigative, law
30             enforcement or penal  agencies;  provided,  however,
31             that   identification   of   witnesses   to  traffic
32             accidents,  traffic  accident  reports,  and  rescue
33             reports  may  be  provided  by  agencies  of   local
34             government,  except  in  a case for which a criminal
 
SB702 Enrolled             -70-      LRB093 03133 JAM 03150 b
 1             investigation is  ongoing,  without  constituting  a
 2             clearly  unwarranted   per  se  invasion of personal
 3             privacy under this subsection; and
 4                  (vi)  the names, addresses, or  other  personal
 5             information  of participants and registrants in park
 6             district, forest preserve district, and conservation
 7             district programs.
 8             (c)  Records  compiled  by  any  public   body   for
 9        administrative   enforcement   proceedings  and  any  law
10        enforcement or correctional agency  for  law  enforcement
11        purposes  or  for  internal matters of a public body, but
12        only to the extent that disclosure would:
13                  (i)  interfere with  pending  or  actually  and
14             reasonably  contemplated law enforcement proceedings
15             conducted by any  law  enforcement  or  correctional
16             agency;
17                  (ii)  interfere   with  pending  administrative
18             enforcement  proceedings  conducted  by  any  public
19             body;
20                  (iii)  deprive a person of a fair trial  or  an
21             impartial hearing;
22                  (iv)  unavoidably  disclose  the  identity of a
23             confidential  source  or  confidential   information
24             furnished only by the confidential source;
25                  (v)  disclose     unique     or     specialized
26             investigative  techniques other than those generally
27             used and known or  disclose  internal  documents  of
28             correctional    agencies   related   to   detection,
29             observation or investigation of incidents  of  crime
30             or misconduct;
31                  (vi)  constitute   an   invasion   of  personal
32             privacy under subsection (b) of this Section;
33                  (vii)  endanger the life or physical safety  of
34             law enforcement personnel or any other person; or
 
SB702 Enrolled             -71-      LRB093 03133 JAM 03150 b
 1                  (viii)  obstruct     an     ongoing    criminal
 2             investigation.
 3             (d)  Criminal history record information  maintained
 4        by  State  or local criminal justice agencies, except the
 5        following which shall be open for public  inspection  and
 6        copying:
 7                  (i)  chronologically      maintained     arrest
 8             information, such  as  traditional  arrest  logs  or
 9             blotters;
10                  (ii)  the  name of a person in the custody of a
11             law enforcement agency and  the  charges  for  which
12             that person is being held;
13                  (iii)  court records that are public;
14                  (iv)  records   that  are  otherwise  available
15             under State or local law; or
16                  (v)  records in which the requesting  party  is
17             the  individual identified, except as provided under
18             part (vii) of paragraph (c)  of  subsection  (1)  of
19             this Section.
20             "Criminal  history  record  information"  means data
21        identifiable  to  an   individual   and   consisting   of
22        descriptions   or   notations   of  arrests,  detentions,
23        indictments, informations, pre-trial proceedings, trials,
24        or other formal events in the criminal justice system  or
25        descriptions  or notations of criminal charges (including
26        criminal violations of local  municipal  ordinances)  and
27        the   nature   of   any  disposition  arising  therefrom,
28        including sentencing, court or correctional  supervision,
29        rehabilitation  and  release.  The term does not apply to
30        statistical records and reports in which individuals  are
31        not  identified  and  from which their identities are not
32        ascertainable, or to information  that  is  for  criminal
33        investigative or intelligence purposes.
34             (e)  Records  that  relate to or affect the security
 
SB702 Enrolled             -72-      LRB093 03133 JAM 03150 b
 1        of correctional institutions and detention facilities.
 2             (f)  Preliminary  drafts,  notes,   recommendations,
 3        memoranda   and  other  records  in  which  opinions  are
 4        expressed, or policies or actions are formulated,  except
 5        that  a  specific  record or relevant portion of a record
 6        shall not be exempt when the record is publicly cited and
 7        identified by the head of the public body. The  exemption
 8        provided  in  this  paragraph  (f)  extends  to all those
 9        records of officers and agencies of the General  Assembly
10        that pertain to the preparation of legislative documents.
11             (g)  Trade   secrets  and  commercial  or  financial
12        information obtained from a person or business where  the
13        trade  secrets or information are proprietary, privileged
14        or confidential, or where disclosure of the trade secrets
15        or information may cause competitive harm, including  all
16        information  determined  to be confidential under Section
17        4002 of the Technology Advancement and  Development  Act.
18        Nothing   contained   in  this  paragraph  (g)  shall  be
19        construed to prevent a person or business from consenting
20        to disclosure.
21             (h)  Proposals and bids for any contract, grant,  or
22        agreement,   including   information  which  if  it  were
23        disclosed  would  frustrate  procurement   or   give   an
24        advantage  to  any  person  proposing  to  enter  into  a
25        contractor  agreement  with  the  body, until an award or
26        final selection is made.  Information prepared by or  for
27        the  body  in  preparation of a bid solicitation shall be
28        exempt until an award or final selection is made.
29             (i)  Valuable formulae, computer geographic systems,
30        designs, drawings and research data obtained or  produced
31        by  any  public  body when disclosure could reasonably be
32        expected to produce private  gain  or  public  loss.  The
33        exemption  for  "computer geographic systems" provided in
34        this paragraph (i) does not extend to  requests  made  by
 
SB702 Enrolled             -73-      LRB093 03133 JAM 03150 b
 1        news  media  as defined in Section 2 of this Act when the
 2        requested information is not  otherwise  exempt  and  the
 3        only  purpose of the request is to access and disseminate
 4        information regarding the  health,  safety,  welfare,  or
 5        legal rights of the general public.
 6             (j)  Test   questions,   scoring   keys   and  other
 7        examination  data  used   to   administer   an   academic
 8        examination   or  determined  the  qualifications  of  an
 9        applicant for a license or employment.
10             (k)  Architects'   plans,    engineers'    technical
11        submissions,  and  other  construction  related technical
12        documents for projects not constructed  or  developed  in
13        whole  or  in  part  with  public  funds and the same for
14        projects constructed or developed with public funds,  but
15        only  to  the  extent  that  disclosure  would compromise
16        security, including but not limited  to  water  treatment
17        facilities,    airport    facilities,   sport   stadiums,
18        convention centers, and all government  owned,  operated,
19        or occupied buildings.
20             (l)  Library    circulation    and   order   records
21        identifying library users with specific materials.
22             (m)  Minutes of meetings of public bodies closed  to
23        the public as provided in the Open Meetings Act until the
24        public  body  makes  the  minutes available to the public
25        under Section 2.06 of the Open Meetings Act.
26             (n)  Communications between a  public  body  and  an
27        attorney  or  auditor  representing  the public body that
28        would not be subject  to  discovery  in  litigation,  and
29        materials prepared or compiled by or for a public body in
30        anticipation  of  a  criminal,  civil  or  administrative
31        proceeding  upon  the request of an attorney advising the
32        public body, and  materials  prepared  or  compiled  with
33        respect to internal audits of public bodies.
34             (o)  Information  received by a primary or secondary
 
SB702 Enrolled             -74-      LRB093 03133 JAM 03150 b
 1        school, college or university under  its  procedures  for
 2        the  evaluation  of  faculty  members  by  their academic
 3        peers.
 4             (p)  Administrative   or    technical    information
 5        associated  with  automated  data  processing operations,
 6        including  but  not  limited   to   software,   operating
 7        protocols,  computer  program  abstracts,  file  layouts,
 8        source  listings,  object  modules,  load  modules,  user
 9        guides,  documentation  pertaining  to  all  logical  and
10        physical   design   of   computerized  systems,  employee
11        manuals, and any other information  that,  if  disclosed,
12        would  jeopardize  the security of the system or its data
13        or the security of materials exempt under this Section.
14             (q)  Documents or materials relating  to  collective
15        negotiating  matters  between  public  bodies  and  their
16        employees  or  representatives,  except  that  any  final
17        contract  or agreement shall be subject to inspection and
18        copying.
19             (r)  Drafts, notes,  recommendations  and  memoranda
20        pertaining to the financing and marketing transactions of
21        the  public body. The records of ownership, registration,
22        transfer, and exchange of municipal debt obligations, and
23        of  persons  to  whom  payment  with  respect  to   these
24        obligations is made.
25             (s)  The records, documents and information relating
26        to   real   estate   purchase  negotiations  until  those
27        negotiations have been completed or otherwise terminated.
28        With regard to a parcel involved in a pending or actually
29        and reasonably  contemplated  eminent  domain  proceeding
30        under  Article  VII  of  the  Code  of  Civil  Procedure,
31        records,  documents  and  information  relating  to  that
32        parcel  shall  be  exempt  except as may be allowed under
33        discovery rules adopted by the  Illinois  Supreme  Court.
34        The records, documents and information relating to a real
 
SB702 Enrolled             -75-      LRB093 03133 JAM 03150 b
 1        estate sale shall be exempt until a sale is consummated.
 2             (t)  Any and all proprietary information and records
 3        related  to  the  operation  of an intergovernmental risk
 4        management association or self-insurance pool or  jointly
 5        self-administered  health  and  accident  cooperative  or
 6        pool.
 7             (u)  Information     concerning    a    university's
 8        adjudication  of  student  or   employee   grievance   or
 9        disciplinary  cases,  to the extent that disclosure would
10        reveal the  identity  of  the  student  or  employee  and
11        information  concerning any public body's adjudication of
12        student or employee  grievances  or  disciplinary  cases,
13        except for the final outcome of the cases.
14             (v)  Course  materials or research materials used by
15        faculty members.
16             (w)  Information  related  solely  to  the  internal
17        personnel rules and practices of a public body.
18             (x)  Information  contained   in   or   related   to
19        examination, operating, or condition reports prepared by,
20        on behalf of, or for the use of a public body responsible
21        for   the   regulation   or   supervision   of  financial
22        institutions or insurance companies, unless disclosure is
23        otherwise required by State law.
24             (y)  Information  the   disclosure   of   which   is
25        restricted  under  Section  5-108 of the Public Utilities
26        Act.
27             (z)  Manuals or instruction to staff that relate  to
28        establishment  or  collection  of liability for any State
29        tax or that relate to investigations by a public body  to
30        determine violation of any criminal law.
31             (aa)  Applications,  related  documents, and medical
32        records    received    by    the    Experimental    Organ
33        Transplantation  Procedures  Board  and   any   and   all
34        documents  or  other records prepared by the Experimental
 
SB702 Enrolled             -76-      LRB093 03133 JAM 03150 b
 1        Organ  Transplantation  Procedures  Board  or  its  staff
 2        relating to applications it has received.
 3             (bb)  Insurance or  self  insurance  (including  any
 4        intergovernmental  risk  management  association  or self
 5        insurance  pool)  claims,   loss   or   risk   management
 6        information, records, data, advice or communications.
 7             (cc)  Information and records held by the Department
 8        of  Public  Health  and  its  authorized  representatives
 9        relating   to   known  or  suspected  cases  of  sexually
10        transmissible disease or any information  the  disclosure
11        of  which  is  restricted  under  the  Illinois  Sexually
12        Transmissible Disease Control Act.
13             (dd)  Information   the   disclosure   of  which  is
14        exempted under Section 30 of the Radon Industry Licensing
15        Act.
16             (ee)  Firm performance evaluations under Section  55
17        of  the  Architectural,  Engineering,  and Land Surveying
18        Qualifications Based Selection Act.
19             (ff)  Security portions  of  system  safety  program
20        plans,  investigation reports, surveys, schedules, lists,
21        data, or information compiled, collected, or prepared  by
22        or   for  the  Regional  Transportation  Authority  under
23        Section 2.11 of the Regional Transportation Authority Act
24        or the  St.  Clair  County  Transit  District  under  the
25        Bi-State Transit Safety Act.
26             (gg)  Information   the   disclosure   of  which  is
27        restricted and exempted under Section 50 of the  Illinois
28        Prepaid Tuition Act.
29             (hh)  Information   the   disclosure   of  which  is
30        exempted under the State Officials and  Employees  Ethics
31        Act Section 80 of the State Gift Ban Act.
32             (ii)  Beginning July 1, 1999, information that would
33        disclose  or  might  lead  to the disclosure of secret or
34        confidential information, codes, algorithms, programs, or
 
SB702 Enrolled             -77-      LRB093 03133 JAM 03150 b
 1        private keys intended to be used to create electronic  or
 2        digital signatures under the Electronic Commerce Security
 3        Act.
 4             (jj)  Information  contained  in  a  local emergency
 5        energy plan submitted to  a  municipality  in  accordance
 6        with  a  local  emergency  energy  plan ordinance that is
 7        adopted under Section 11-21.5-5 of the Illinois Municipal
 8        Code.
 9             (kk)  Information   and    data    concerning    the
10        distribution  of  surcharge moneys collected and remitted
11        by  wireless  carriers  under  the   Wireless   Emergency
12        Telephone Safety Act.
13             (ll)  Vulnerability  assessments, security measures,
14        and response policies  or  plans  that  are  designed  to
15        identify, prevent, or respond to potential attacks upon a
16        community's   population   or   systems,  facilities,  or
17        installations, the destruction or contamination of  which
18        would constitute a clear and present danger to the health
19        or  safety  of the community, but only to the extent that
20        disclosure could reasonably be expected to jeopardize the
21        effectiveness of  the  measures  or  the  safety  of  the
22        personnel  who implement them or the public.  Information
23        exempt under this item may include such things as details
24        pertaining to the mobilization or deployment of personnel
25        or equipment, to the operation of  communication  systems
26        or protocols, or to tactical operations.
27             (mm)  Maps  and other records regarding the location
28        or security  of  a  utility's  generation,  transmission,
29        distribution, storage, gathering, treatment, or switching
30        facilities.
31             (nn) (ll)  Law  enforcement  officer  identification
32        information or driver identification information compiled
33        by   a  law  enforcement  agency  or  the  Department  of
34        Transportation  under  Section  11-212  of  the  Illinois
 
SB702 Enrolled             -78-      LRB093 03133 JAM 03150 b
 1        Vehicle Code.
 2             (oo) (ll)  Records and  information  provided  to  a
 3        residential  health care facility resident sexual assault
 4        and death review team  or  the  Residential  Health  Care
 5        Facility  Resident  Sexual Assault and Death Review Teams
 6        Executive  Council  under  the  Residential  Health  Care
 7        Facility Resident Sexual Assault and  Death  Review  Team
 8        Act.
 9        (2)  This  Section  does  not  authorize  withholding  of
10    information  or  limit  the  availability  of  records to the
11    public,  except  as  stated  in  this  Section  or  otherwise
12    provided in this Act.
13    (Source: P.A.  92-16,  eff.  6-28-01;  92-241,  eff.  8-3-01;
14    92-281,  eff.  8-7-01;  92-645,  eff.  7-11-02;  92-651, eff.
15    7-11-02; 93-43, eff. 7-1-03; 93-209,  eff.  7-18-03;  93-237,
16    eff.  7-22-03;  93-325,  eff.  7-23-03,  93-422, eff. 8-5-03;
17    93-577, eff. 8-21-03; revised 9-8-03.)

18        Section 75.  If and only if House Bill 3412 as passed  by
19    the  93rd  General  Assembly  becomes  law by override of the
20    Governor's  amendatory  veto,  the  Illinois   Public   Labor
21    Relations Act is amended by changing Section 3 as follows:

22        (5 ILCS 315/3) (from Ch. 48, par. 1603)
23        Sec.  3.  Definitions.   As  used in this Act, unless the
24    context otherwise requires:
25        (a)  "Board" means the Illinois Labor Relations Board or,
26    with respect to a matter over which the jurisdiction  of  the
27    Board is assigned to the State Panel or the Local Panel under
28    Section 5, the panel having jurisdiction over the matter.
29        (b)  "Collective  bargaining" means bargaining over terms
30    and conditions of employment,  including  hours,  wages,  and
31    other  conditions of employment, as detailed in Section 7 and
32    which are not excluded by Section 4.
 
SB702 Enrolled             -79-      LRB093 03133 JAM 03150 b
 1        (c)  "Confidential employee" means an  employee  who,  in
 2    the  regular course of his or her duties, assists and acts in
 3    a confidential capacity to persons who formulate,  determine,
 4    and  effectuate  management  policies  with  regard  to labor
 5    relations or who, in the regular course of his or her duties,
 6    has  authorized  access  to  information  relating   to   the
 7    effectuation   or   review   of   the  employer's  collective
 8    bargaining policies.
 9        (d)  "Craft employees" means skilled  journeymen,  crafts
10    persons, and their apprentices and helpers.
11        (e)  "Essential  services  employees"  means those public
12    employees  performing  functions  so   essential   that   the
13    interruption or termination of the function will constitute a
14    clear  and  present  danger  to  the health and safety of the
15    persons in the affected community.
16        (f)  "Exclusive representative", except with  respect  to
17    non-State  fire  fighters  and  paramedics  employed  by fire
18    departments and fire protection  districts,  non-State  peace
19    officers,  and  peace  officers  in  the  Department of State
20    Police, means  the  labor  organization  that  has  been  (i)
21    designated  by  the Board as the representative of a majority
22    of public employees in  an  appropriate  bargaining  unit  in
23    accordance  with  the  procedures contained in this Act, (ii)
24    historically recognized by  the  State  of  Illinois  or  any
25    political  subdivision  of the State before July 1, 1984 (the
26    effective date of this Act) as the  exclusive  representative
27    of  the  employees  in  an appropriate bargaining unit, (iii)
28    after  July  1,  1984  (the  effective  date  of  this   Act)
29    recognized  by  an  employer upon evidence, acceptable to the
30    Board, that the labor organization has been designated as the
31    exclusive representative by a majority of the employees in an
32    appropriate  bargaining  unit;  or  (iv)  recognized  as  the
33    exclusive  representative  of  personal  care  attendants  or
34    personal assistants under Executive Order 2003-8 prior to the
 
SB702 Enrolled             -80-      LRB093 03133 JAM 03150 b
 1    effective date of this amendatory Act  of  the  93rd  General
 2    Assembly,  and the organization shall be considered to be the
 3    exclusive representative of the personal care  attendants  or
 4    personal assistants as defined in this Section.
 5        With  respect  to  non-State fire fighters and paramedics
 6    employed by fire departments and fire  protection  districts,
 7    non-State   peace   officers,   and  peace  officers  in  the
 8    Department of State Police, "exclusive representative"  means
 9    the  labor  organization  that has been (i) designated by the
10    Board as the representative of a majority of  peace  officers
11    or  fire  fighters  in  an  appropriate  bargaining  unit  in
12    accordance  with  the  procedures contained in this Act, (ii)
13    historically recognized by  the  State  of  Illinois  or  any
14    political  subdivision  of  the  State before January 1, 1986
15    (the effective date of this amendatory Act of  1985)  as  the
16    exclusive  representative by a majority of the peace officers
17    or fire fighters in an appropriate bargaining unit, or  (iii)
18    after  January 1, 1986 (the effective date of this amendatory
19    Act  of  1985)  recognized  by  an  employer  upon  evidence,
20    acceptable to the Board, that the labor organization has been
21    designated as the exclusive representative by a  majority  of
22    the  peace  officers  or  fire  fighters  in  an  appropriate
23    bargaining unit.
24        (g)  "Fair  share  agreement"  means an agreement between
25    the employer and an employee organization under which all  or
26    any  of  the  employees  in  a collective bargaining unit are
27    required to pay their proportionate share of the costs of the
28    collective bargaining process, contract  administration,  and
29    pursuing matters affecting wages, hours, and other conditions
30    of employment, but not to exceed the amount of dues uniformly
31    required  of  members.  The amount certified by the exclusive
32    representative shall not include any fees  for  contributions
33    related  to  the  election  or  support  of any candidate for
34    political  office.  Nothing  in  this  subsection  (g)  shall
 
SB702 Enrolled             -81-      LRB093 03133 JAM 03150 b
 1    preclude  an  employee  from   making   voluntary   political
 2    contributions  in  conjunction  with  his  or  her fair share
 3    payment.
 4        (g-1)  "Fire fighter" means, for the purposes of this Act
 5    only, any person who has been or is hereafter appointed to  a
 6    fire  department or fire protection district or employed by a
 7    state university and sworn or commissioned  to  perform  fire
 8    fighter duties or paramedic duties, except that the following
 9    persons are not included: part-time fire fighters, auxiliary,
10    reserve  or  voluntary  fire fighters, including paid on-call
11    fire fighters,  clerks  and  dispatchers  or  other  civilian
12    employees  of  a  fire department or fire protection district
13    who are  not  routinely  expected  to  perform  fire  fighter
14    duties, or elected officials.
15        (g-2)  "General  Assembly of the State of Illinois" means
16    the legislative branch of the  government  of  the  State  of
17    Illinois,   as   provided   for   under  Article  IV  of  the
18    Constitution of the State of Illinois, and  includes  but  is
19    not  limited to the House of Representatives, the Senate, the
20    Speaker of the House of Representatives, the Minority  Leader
21    of the House of Representatives, the President of the Senate,
22    the  Minority  Leader  of  the Senate, the Joint Committee on
23    Legislative Support  Services  and  any  legislative  support
24    services   agency   listed   in  the  Legislative  Commission
25    Reorganization Act of 1984.
26        (h)  "Governing body" means, in the case  of  the  State,
27    the  State  Panel  of the Illinois Labor Relations Board, the
28    Director of the Department of  Central  Management  Services,
29    and the Director of the Department of Labor; the county board
30    in  the  case  of  a county; the corporate authorities in the
31    case of a municipality; and the appropriate  body  authorized
32    to  provide  for expenditures of its funds in the case of any
33    other unit of government.
34        (i)  "Labor organization" means any organization in which
 
SB702 Enrolled             -82-      LRB093 03133 JAM 03150 b
 1    public employees participate and that exists for the purpose,
 2    in whole or in  part,  of  dealing  with  a  public  employer
 3    concerning  wages,  hours,  and other terms and conditions of
 4    employment, including the settlement of grievances.
 5        (j)  "Managerial employee" means  an  individual  who  is
 6    engaged  predominantly  in executive and management functions
 7    and is charged  with  the  responsibility  of  directing  the
 8    effectuation of management policies and practices.
 9        (k)  "Peace  officer" means, for the purposes of this Act
10    only, any persons who have been or are hereafter appointed to
11    a  police  force,  department,  or  agency   and   sworn   or
12    commissioned  to  perform  police  duties,  except  that  the
13    following   persons   are   not  included:  part-time  police
14    officers,  special  police  officers,  auxiliary  police   as
15    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
16    night watchmen, "merchant police", court security officers as
17    defined by Section 3-6012.1 of the Counties  Code,  temporary
18    employees,  traffic guards or wardens, civilian parking meter
19    and  parking  facilities  personnel  or   other   individuals
20    specially  appointed  to  aid  or  direct  traffic at or near
21    schools or public functions or to aid  in  civil  defense  or
22    disaster,   parking   enforcement   employees   who  are  not
23    commissioned as peace officers and who are not armed and  who
24    are  not  routinely  expected  to effect arrests, parking lot
25    attendants,  clerks  and  dispatchers   or   other   civilian
26    employees  of  a  police  department  who  are  not routinely
27    expected to effect arrests, or elected officials.
28        (l)  "Person" includes one  or  more  individuals,  labor
29    organizations,  public employees, associations, corporations,
30    legal  representatives,  trustees,  trustees  in  bankruptcy,
31    receivers,  or  the  State  of  Illinois  or  any   political
32    subdivision  of  the  State  or  governing body, but does not
33    include the General Assembly of the State of Illinois or  any
34    individual  employed  by the General Assembly of the State of
 
SB702 Enrolled             -83-      LRB093 03133 JAM 03150 b
 1    Illinois.
 2        (m)  "Professional employee" means any  employee  engaged
 3    in  work  predominantly  intellectual and varied in character
 4    rather than routine mental, manual,  mechanical  or  physical
 5    work;  involving  the  consistent  exercise of discretion and
 6    adjustment in its performance; of such a character  that  the
 7    output   produced   or  the  result  accomplished  cannot  be
 8    standardized in relation to  a  given  period  of  time;  and
 9    requiring  advanced  knowledge  in  a  field  of  science  or
10    learning  customarily  acquired  by  a  prolonged  course  of
11    specialized   intellectual   instruction   and  study  in  an
12    institution  of   higher   learning   or   a   hospital,   as
13    distinguished  from  a  general  academic  education  or from
14    apprenticeship or from training in the performance of routine
15    mental, manual, or physical processes; or  any  employee  who
16    has   completed   the  courses  of  specialized  intellectual
17    instruction and study prescribed in this subsection  (m)  and
18    is  performing  related  work  under  the  supervision  of  a
19    professional  person  to  qualify  to  become  a professional
20    employee as defined in this subsection (m).
21        (n)  "Public employee" or "employee", for the purposes of
22    this Act, means any individual employed by a public employer,
23    including interns and residents at public hospitals  and,  as
24    of  the  effective  date  of  this amendatory Act of the 93rd
25    General Assembly, but not before,  personal  care  attendants
26    and  personal  assistants  working  under  the  Home Services
27    Program   under   Section   3   of   the   Disabled   Persons
28    Rehabilitation Act, subject to the limitations set  forth  in
29    this  Act and in the Disabled Persons Rehabilitation Act, but
30    excluding all of the  following:  employees  of  the  General
31    Assembly   of  the  State  of  Illinois;  elected  officials;
32    executive  heads  of  a  department;  members  of  boards  or
33    commissions; the Executive Inspectors  General;  any  special
34    Executive  Inspectors General; employees of each Office of an
 
SB702 Enrolled             -84-      LRB093 03133 JAM 03150 b
 1    Executive Inspector General; commissioners and  employees  of
 2    the   Executive  Ethics  Commission;  the  Auditor  General's
 3    Inspector General; employees of the  Office  of  the  Auditor
 4    General's   Inspector   General;  the  Legislative  Inspector
 5    General;  any   special   Legislative   Inspectors   General;
 6    employees of the Office of the Legislative Inspector General;
 7    commissioners   and   employees  of  the  Legislative  Ethics
 8    Commission; employees of  any  agency,  board  or  commission
 9    created  by  this Act; employees appointed to State positions
10    of a temporary or emergency nature; all employees  of  school
11    districts    and   higher   education   institutions   except
12    firefighters  and  peace  officers  employed   by   a   state
13    university;   managerial   employees;  short-term  employees;
14    confidential   employees;   independent   contractors;    and
15    supervisors except as provided in this Act.
16        Personal  care  attendants  and personal assistants shall
17    not be considered  public  employees  for  any  purposes  not
18    specifically  provided for in this amendatory Act of the 93rd
19    General Assembly, including but not limited to,  purposes  of
20    vicarious   liability  in  tort  and  purposes  of  statutory
21    retirement  or  health  insurance  benefits.  Personal   care
22    attendants  and  personal  assistants shall not be covered by
23    the State Employees Group  Insurance  Act  of  1971  (5  ILCS
24    375/).
25        Notwithstanding  Section  9, subsection (c), or any other
26    provisions of this Act, all peace officers above the rank  of
27    captain   in   municipalities   with   more   than  1,000,000
28    inhabitants shall be excluded from this Act.
29        (o)  "Public employer" or "employer" means the  State  of
30    Illinois;  any  political  subdivision  of the State, unit of
31    local government or school  district;  authorities  including
32    departments,  divisions,  bureaus,  boards,  commissions,  or
33    other  agencies  of  the  foregoing  entities; and any person
34    acting within the scope of his or her authority,  express  or
 
SB702 Enrolled             -85-      LRB093 03133 JAM 03150 b
 1    implied,  on  behalf  of  those  entities in dealing with its
 2    employees. As of the effective date of this amendatory Act of
 3    the 93rd General Assembly,  but  not  before,  the  State  of
 4    Illinois  shall  be  considered  the employer of the personal
 5    care attendants and personal  assistants  working  under  the
 6    Home Services Program under Section 3 of the Disabled Persons
 7    Rehabilitation  Act,  subject to the limitations set forth in
 8    this Act and in the Disabled Persons Rehabilitation Act.  The
 9    State  shall not be considered to be the employer of personal
10    care attendants and personal assistants for any purposes  not
11    specifically  provided for in this amendatory Act of the 93rd
12    General Assembly, including but not limited to,  purposes  of
13    vicarious   liability  in  tort  and  purposes  of  statutory
14    retirement  or  health  insurance  benefits.  Personal   care
15    attendants  and  personal  assistants shall not be covered by
16    the State Employees Group  Insurance  Act  of  1971  (5  ILCS
17    375/).  "Public  employer" or "employer" as used in this Act,
18    however, does not mean and  shall  not  include  the  General
19    Assembly  of  the  State  of  Illinois,  the Executive Ethics
20    Commission, the Offices of the Executive Inspectors  General,
21    the   Legislative   Ethics  Commission,  the  Office  of  the
22    Legislative Inspector General,  the  Office  of  the  Auditor
23    General's  Inspector  General,  and  educational employers or
24    employers as defined  in  the  Illinois    Educational  Labor
25    Relations  Act,  except with respect to a state university in
26    its employment of firefighters and  peace  officers.   County
27    boards  and  county  sheriffs shall be designated as joint or
28    co-employers of county peace  officers  appointed  under  the
29    authority  of  a  county sheriff.  Nothing in this subsection
30    (o) shall be construed to prevent  the  State  Panel  or  the
31    Local  Panel  from  determining  that  employers are joint or
32    co-employers.
33        (p)  "Security  employee"  means  an  employee   who   is
34    responsible  for  the  supervision  and control of inmates at
 
SB702 Enrolled             -86-      LRB093 03133 JAM 03150 b
 1    correctional  facilities.   The  term  also  includes   other
 2    non-security   employees   in  bargaining  units  having  the
 3    majority of employees being responsible for  the  supervision
 4    and control of inmates at correctional facilities.
 5        (q)  "Short-term  employee"  means  an  employee  who  is
 6    employed for less than 2 consecutive calendar quarters during
 7    a  calendar year and who does not have a reasonable assurance
 8    that he or she will be rehired by the same employer  for  the
 9    same service in a subsequent calendar year.
10        (r)  "Supervisor"  is an employee whose principal work is
11    substantially different from that of his or her  subordinates
12    and  who  has  authority, in the interest of the employer, to
13    hire, transfer, suspend, lay off, recall, promote, discharge,
14    direct, reward, or  discipline  employees,  to  adjust  their
15    grievances, or to effectively recommend any of those actions,
16    if  the exercise of that authority is not of a merely routine
17    or clerical  nature,  but  requires  the  consistent  use  of
18    independent   judgment.   Except   with   respect  to  police
19    employment,  the  term  "supervisor"  includes   only   those
20    individuals  who  devote  a preponderance of their employment
21    time  to  exercising  that   authority,   State   supervisors
22    notwithstanding.   In  addition,  in  determining supervisory
23    status in police employment, rank shall not be determinative.
24    The Board shall consider,  as  evidence  of  bargaining  unit
25    inclusion  or  exclusion, the common law enforcement policies
26    and  relationships   between   police   officer   ranks   and
27    certification under applicable civil service law, ordinances,
28    personnel  codes,  or  Division  2.1  of  Article  10  of the
29    Illinois Municipal Code, but these factors shall not  be  the
30    sole  or  predominant  factors  considered  by  the  Board in
31    determining police supervisory status.
32        Notwithstanding   the   provisions   of   the   preceding
33    paragraph, in determining supervisory status in fire  fighter
34    employment, no fire fighter shall be excluded as a supervisor
 
SB702 Enrolled             -87-      LRB093 03133 JAM 03150 b
 1    who  has established representation rights under Section 9 of
 2    this Act.  Further, in  new  fire  fighter  units,  employees
 3    shall consist of fire fighters of the rank of company officer
 4    and  below.  If  a  company  officer otherwise qualifies as a
 5    supervisor under the preceding paragraph, however, he or  she
 6    shall  not be included in the fire fighter unit.  If there is
 7    no rank  between  that  of  chief  and  the  highest  company
 8    officer,  the employer may designate a position on each shift
 9    as  a  Shift  Commander,  and  the  persons  occupying  those
10    positions shall be supervisors.  All other ranks  above  that
11    of company officer shall be supervisors.
12        (s) (1)  "Unit"  means  a class of jobs or positions that
13        are held by  employees  whose  collective  interests  may
14        suitably  be  represented  by  a  labor  organization for
15        collective bargaining.  Except with respect to  non-State
16        fire fighters and paramedics employed by fire departments
17        and  fire protection districts, non-State peace officers,
18        and peace officers in the Department of State  Police,  a
19        bargaining unit determined by the Board shall not include
20        both  employees  and  supervisors,  or  supervisors only,
21        except as provided in paragraph (2)  of  this  subsection
22        (s)  and except for bargaining units in existence on July
23        1, 1984 (the effective date of this Act).   With  respect
24        to  non-State  fire  fighters  and paramedics employed by
25        fire departments and fire protection districts, non-State
26        peace officers, and peace officers in the  Department  of
27        State  Police,  a bargaining unit determined by the Board
28        shall not include both supervisors and nonsupervisors, or
29        supervisors only, except as provided in paragraph (2)  of
30        this  subsection  (s)  and except for bargaining units in
31        existence on January 1, 1986 (the effective date of  this
32        amendatory Act of 1985).  A bargaining unit determined by
33        the  Board  to  contain  peace  officers shall contain no
34        employees other  than  peace  officers  unless  otherwise
 
SB702 Enrolled             -88-      LRB093 03133 JAM 03150 b
 1        agreed  to  by the employer and the labor organization or
 2        labor organizations involved.  Notwithstanding any  other
 3        provision  of  this  Act,  a bargaining unit, including a
 4        historical  bargaining  unit,  containing   sworn   peace
 5        officers of the Department of Natural Resources (formerly
 6        designated  the Department of Conservation) shall contain
 7        no employees other than such sworn  peace  officers  upon
 8        the effective date of this amendatory Act of 1990 or upon
 9        the   expiration   date   of  any  collective  bargaining
10        agreement in effect  upon  the  effective  date  of  this
11        amendatory  Act  of  1990  covering both such sworn peace
12        officers and other employees.
13             (2)  Notwithstanding the  exclusion  of  supervisors
14        from  bargaining  units  as  provided in paragraph (1) of
15        this subsection (s),  a  public  employer  may  agree  to
16        permit its supervisory employees to form bargaining units
17        and  may  bargain with those units.  This Act shall apply
18        if the public employer  chooses  to  bargain  under  this
19        subsection.
20    (Source: P.A. 93-204, eff. 7-16-03.)

21        Section  77.  If and only if House Bill 3412 as passed by
22    the 93rd General Assembly becomes  law  by  override  of  the
23    Governor's    amendatory    veto,    the    State    Employee
24    Indemnification  Act  is  amended  by  changing  Section 1 as
25    follows:

26        (5 ILCS 350/1) (from Ch. 127, par. 1301)
27        Sec. 1.  Definitions.  For the purpose of this Act:
28        (a)  The term "State" means the State  of  Illinois,  the
29    General Assembly, the court, or any State office, department,
30    division,   bureau,  board,  commission,  or  committee,  the
31    governing  boards  of  the  public  institutions  of   higher
32    education  created by the State, the Illinois National Guard,
 
SB702 Enrolled             -89-      LRB093 03133 JAM 03150 b
 1    the Comprehensive Health Insurance Board, any poison  control
 2    center  designated  under  the Poison Control System Act that
 3    receives   State   funding,   or   any   other   agency    or
 4    instrumentality  of  the  State.   It does not mean any local
 5    public entity as that term is defined in Section 1-206 of the
 6    Local Governmental and Governmental Employees  Tort  Immunity
 7    Act or a pension fund.
 8        (b)  The  term  "employee"  means  any  present or former
 9    elected or appointed officer,  trustee  or  employee  of  the
10    State,   or   of  a  pension  fund,  any  present  or  former
11    commissioner or employee of the Executive  Ethics  Commission
12    or  of  the  Legislative  Ethics  Commission,  any present or
13    former Executive, Legislative, or Auditor General's Inspector
14    General, any present or former employee of an  Office  of  an
15    Executive,   Legislative,   or  Auditor  General's  Inspector
16    General,  any  present  or  former  member  of  the  Illinois
17    National  Guard  while  on  active   duty,   individuals   or
18    organizations   who   contract   with   the   Department   of
19    Corrections, the Comprehensive Health Insurance Board, or the
20    Department   of   Veterans'   Affairs  to  provide  services,
21    individuals or organizations who contract with the Department
22    of Human Services (as successor to the Department  of  Mental
23    Health  and  Developmental  Disabilities) to provide services
24    including but not limited to treatment and other services for
25    sexually violent persons, individuals  or  organizations  who
26    contract  with  the  Department of Military Affairs for youth
27    programs,  individuals  or  organizations  who  contract   to
28    perform  carnival  and  amusement ride safety inspections for
29    the Department of Labor,  individual  representatives  of  or
30    designated  organizations  authorized to represent the Office
31    of State Long-Term Ombudsman for  the  Department  on  Aging,
32    individual  representatives of or organizations designated by
33    the Department on Aging in the performance of their duties as
34    elder abuse  provider  agencies  or  regional  administrative
 
SB702 Enrolled             -90-      LRB093 03133 JAM 03150 b
 1    agencies  under  the Elder Abuse and Neglect Act, individuals
 2    or organizations who perform volunteer services for the State
 3    where such volunteer  relationship  is  reduced  to  writing,
 4    individuals  who  serve on any public entity (whether created
 5    by law or administrative action) described in  paragraph  (a)
 6    of  this Section, individuals or not for profit organizations
 7    who, either as volunteers, where such volunteer  relationship
 8    is  reduced  to  writing,  or  pursuant  to contract, furnish
 9    professional  advice  or  consultation  to  any   agency   or
10    instrumentality of the State, individuals who serve as foster
11    parents  for  the  Department of Children and Family Services
12    when caring for a Department ward, and individuals who  serve
13    as arbitrators pursuant to Part 10A of Article II of the Code
14    of  Civil  Procedure  and  the  rules  of  the  Supreme Court
15    implementing Part 10A, each as now or hereafter amended,  but
16    does not mean an independent contractor except as provided in
17    this Section. The term includes an individual appointed as an
18    inspector  by  the  Director  of State Police when performing
19    duties within the scope of the activities of  a  Metropolitan
20    Enforcement   Group   or   a   law  enforcement  organization
21    established under the Intergovernmental Cooperation  Act.  An
22    individual  who  renders professional advice and consultation
23    to the State through an organization which  qualifies  as  an
24    "employee"  under  the  Act  is  also  an  employee. The term
25    includes  the  estate  or  personal  representative   of   an
26    employee.
27        (c)  The term "pension fund" means a retirement system or
28    pension fund created under the Illinois Pension Code.
29    (Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)

30        (5 ILCS 395/Act rep.)
31        Section  80.  If and only if House Bill 3412 as passed by
32    the 93rd General Assembly becomes  law  by  override  of  the
33    Governor's amendatory veto, the Whistle Blower Protection Act
 
SB702 Enrolled             -91-      LRB093 03133 JAM 03150 b
 1    is repealed.

 2        Section  83.  If and only if House Bill 3412 as passed by
 3    the 93rd General Assembly becomes  law  by  override  of  the
 4    Governor's  amendatory veto, the Illinois Governmental Ethics
 5    Act is amended by changing Sections 4A-101,  4A-102,  4A-105,
 6    4A-106, and 4A-107 as follows:

 7        (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
 8        Sec.  4A-101.  Persons  required  to file.  The following
 9    persons shall file verified written  statements  of  economic
10    interests, as provided in this Article:
11             (a)  Members  of the General Assembly and candidates
12        for nomination or election to the General Assembly.
13             (b)  Persons  holding  an  elected  office  in   the
14        Executive  Branch  of  this  State,  and  candidates  for
15        nomination or election to these offices.
16             (c)  Members of a Commission or Board created by the
17        Illinois  Constitution,  and candidates for nomination or
18        election to such Commission or Board.
19             (d)  Persons whose appointment to office is  subject
20        to confirmation by the Senate.
21             (e)  Holders  of,  and  candidates for nomination or
22        election to, the office of judge or  associate  judge  of
23        the  Circuit  Court  and  the  office  of  judge  of  the
24        Appellate or Supreme Court.
25             (f)  Persons who are employed by any branch, agency,
26        authority  or  board  of  the  government  of this State,
27        including but not limited to,  the  Illinois  State  Toll
28        Highway   Authority,  the  Illinois  Housing  Development
29        Authority, the  Illinois  Community  College  Board,  and
30        institutions  under  the  jurisdiction  of  the  Board of
31        Trustees of the University of Illinois, Board of Trustees
32        of Southern Illinois University,  Board  of  Trustees  of
 
SB702 Enrolled             -92-      LRB093 03133 JAM 03150 b
 1        Chicago  State  University,  Board of Trustees of Eastern
 2        Illinois University,  Board  of  Trustees  of  Governor's
 3        State  University,  Board  of  Trustees of Illinois State
 4        University, Board of Trustees  of  Northeastern  Illinois
 5        University,   Board  of  Trustees  of  Northern  Illinois
 6        University,  Board  of  Trustees  of   Western   Illinois
 7        University,   or   Board  of  Trustees  of  the  Illinois
 8        Mathematics and Science Academy, and are compensated  for
 9        services  as employees and not as independent contractors
10        and who:
11                  (1)  are,  or  function  as,  the  head  of   a
12             department,  commission,  board,  division,  bureau,
13             authority  or  other  administrative unit within the
14             government of this State, or  who  exercise  similar
15             authority within the government of this State;
16                  (2)  have direct supervisory authority over, or
17             direct    responsibility    for   the   formulation,
18             negotiation,  issuance  or  execution  of  contracts
19             entered into by the State in the amount of $5,000 or
20             more;
21                  (3)  have  authority  for   the   issuance   or
22             promulgation  of  rules and regulations within areas
23             under the authority of the State;
24                  (4)  have  authority  for   the   approval   of
25             professional licenses;
26                  (5)  have  responsibility  with  respect to the
27             financial inspection  of  regulated  nongovernmental
28             entities;
29                  (6)  adjudicate,   arbitrate,   or  decide  any
30             judicial or administrative proceeding, or review the
31             adjudication,  arbitration  or   decision   of   any
32             judicial  or  administrative  proceeding  within the
33             authority of the State; or
34                  (7)  have supervisory responsibility for 20  or
 
SB702 Enrolled             -93-      LRB093 03133 JAM 03150 b
 1             more employees of the State.
 2             (g)  Persons  who are elected to office in a unit of
 3        local  government,  and  candidates  for  nomination   or
 4        election    to    that    office,    including   regional
 5        superintendents of school districts.
 6             (h)  Persons appointed to the governing board  of  a
 7        unit  of  local government, or of a special district, and
 8        persons appointed to a zoning board, or zoning  board  of
 9        appeals,  or  to  a  regional,  county, or municipal plan
10        commission, or to a board of review of  any  county,  and
11        persons  appointed  to the Board of the Metropolitan Pier
12        and Exposition Authority and any Trustee appointed  under
13        Section  22  of  the  Metropolitan  Pier  and  Exposition
14        Authority  Act,  and  persons  appointed  to  a  board or
15        commission  of  a  unit  of  local  government  who  have
16        authority to authorize the expenditure of  public  funds.
17        This  subsection  does  not apply to members of boards or
18        commissions who function in an advisory capacity.
19             (i)  Persons who are employed by  a  unit  of  local
20        government  and are compensated for services as employees
21        and not as independent contractors and who:
22                  (1)  are,  or  function  as,  the  head  of   a
23             department,  division,  bureau,  authority  or other
24             administrative  unit  within  the  unit   of   local
25             government, or who exercise similar authority within
26             the unit of local government;
27                  (2)  have direct supervisory authority over, or
28             direct    responsibility    for   the   formulation,
29             negotiation,  issuance  or  execution  of  contracts
30             entered into by the unit of local government in  the
31             amount of $1,000 or greater;
32                  (3)  have  authority  to  approve  licenses and
33             permits by the unit of local government;  this  item
34             does   not  include  employees  who  function  in  a
 
SB702 Enrolled             -94-      LRB093 03133 JAM 03150 b
 1             ministerial capacity;
 2                  (4)  adjudicate,  arbitrate,  or   decide   any
 3             judicial or administrative proceeding, or review the
 4             adjudication,   arbitration   or   decision  of  any
 5             judicial or  administrative  proceeding  within  the
 6             authority of the unit of local government;
 7                  (5)  have  authority  to  issue  or  promulgate
 8             rules   and   regulations  within  areas  under  the
 9             authority of the unit of local government; or
10                  (6)  have supervisory responsibility for 20  or
11             more employees of the unit of local government.
12             (j)  Persons   on  the  Board  of  Trustees  of  the
13        Illinois Mathematics and Science Academy.
14             (k)  Persons  employed  by  a  school  district   in
15        positions   that   require   that   person   to  hold  an
16        administrative  or  a  chief  school  business   official
17        endorsement.
18             (l)  Special    government    agents.   A   "special
19        government agent" is a person who is directed,  retained,
20        designated,  appointed,  or  employed,  with  or  without
21        compensation,  by  or  on behalf of a statewide executive
22        branch  constitutional  officer  to  make  an  ex   parte
23        communication  under  Section 5-50 of the State Officials
24        and Employees Ethics Act or Section 5-165 of the Illinois
25        Administrative Procedure Act. (Blank).
26        This Section shall not be construed to prevent  any  unit
27    of   local  government  from  enacting  financial  disclosure
28    requirements that mandate  more information than required  by
29    this Act.
30    (Source: P.A. 91-622, eff. 8-19-99.)

31        (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
32        Sec.   4A-102.    The  statement  of  economic  interests
33    required by this Article shall include the economic interests
 
SB702 Enrolled             -95-      LRB093 03133 JAM 03150 b
 1    of the person  making  the  statement  as  provided  in  this
 2    Section.   The  interest (if constructively controlled by the
 3    person making the statement) of a spouse or any other  party,
 4    shall  be  considered  to  be the same as the interest of the
 5    person making the statement.  Campaign receipts shall not  be
 6    included in this statement.
 7        (a)  The  following  interests  shall  be  listed  by all
 8    persons required to file:
 9             (1)  The name, address and type of practice  of  any
10        professional   organization  or  individual  professional
11        practice in which the person making the statement was  an
12        officer,  director,  associate, partner or proprietor, or
13        served in any advisory capacity,  from  which  income  in
14        excess of $1200 was derived during the preceding calendar
15        year;
16             (2)  The nature of professional services (other than
17        services  rendered  to the unit or units of government in
18        relation to which the person is required to file) and the
19        nature of the entity to which they were rendered if  fees
20        exceeding  $5,000  were  received  during  the  preceding
21        calendar  year  from the entity for professional services
22        rendered by the person making the statement.
23             (3)  The identity (including the  address  or  legal
24        description  of  real  estate)  of any capital asset from
25        which a capital gain of $5,000 or more  was  realized  in
26        the preceding calendar year.
27             (4)  The  name  of  any unit of government which has
28        employed the  person  making  the  statement  during  the
29        preceding  calendar  year other than the unit or units of
30        government in relation to which the person is required to
31        file.
32             (5)  The name of any entity from  which  a  gift  or
33        gifts,  or  honorarium  or honoraria, valued singly or in
34        the aggregate in excess of $500, was received during  the
 
SB702 Enrolled             -96-      LRB093 03133 JAM 03150 b
 1        preceding calendar year.
 2        (b)  The  following  interests  shall  also  be listed by
 3    persons listed in items (a)  through  (f)  and  item  (l)  of
 4    Section 4A-101:
 5             (1)  The  name  and  instrument  of ownership in any
 6        entity doing business in the State of Illinois, in  which
 7        an  ownership  interest held by the person at the date of
 8        filing is in excess of $5,000 fair market value  or  from
 9        which  dividends  of  in  excess  of  $1,200 were derived
10        during the preceding calendar year. (In the case of  real
11        estate,  location  thereof  shall  be  listed  by  street
12        address,  or if none, then by legal description). No time
13        or demand deposit in a  financial  institution,  nor  any
14        debt instrument need be listed;
15             (2)  Except  for  professional service entities, the
16        name of any entity and any  position  held  therein  from
17        which  income  of  in excess of $1,200 was derived during
18        the preceding calendar year, if the entity does  business
19        in  the State of Illinois. No time or demand deposit in a
20        financial institution, nor any debt  instrument  need  be
21        listed.
22             (3)  The  identity  of any compensated lobbyist with
23        whom the person making the statement  maintains  a  close
24        economic  association, including the name of the lobbyist
25        and specifying the legislative matter  or  matters  which
26        are  the  object of the lobbying activity, and describing
27        the general type of economic activity of  the  client  or
28        principal on whose behalf that person is lobbying.
29        (c)  The  following  interests  shall  also  be listed by
30    persons listed in items (g), (h), and (i), and (l) of Section
31    4A-101:
32             (1)  The name and instrument  of  ownership  in  any
33        entity  doing business with a unit of local government in
34        relation to which the person is required to file  if  the
 
SB702 Enrolled             -97-      LRB093 03133 JAM 03150 b
 1        ownership  interest  of the person filing is greater than
 2        $5,000 fair market value as of the date of filing  or  if
 3        dividends  in  excess  of  $1,200  were received from the
 4        entity during the preceding calendar year. (In  the  case
 5        of  real  estate,  location  thereof  shall  be listed by
 6        street address, or if none, then by  legal  description).
 7        No time or demand deposit in a financial institution, nor
 8        any debt instrument need be listed.
 9             (2)  Except  for  professional service entities, the
10        name of any entity and any  position  held  therein  from
11        which  income  in excess of $1,200 was derived during the
12        preceding calendar year if the entity does business  with
13        a  unit  of  local  government  in  relation to which the
14        person is required to file. No time or demand deposit  in
15        a  financial institution, nor any debt instrument need be
16        listed.
17             (3)  The name of any entity and the  nature  of  the
18        governmental  action  requested  by  any entity which has
19        applied to a unit of  local  government  in  relation  to
20        which  the person must file for any license, franchise or
21        permit for annexation, zoning or rezoning of real  estate
22        during  the  preceding  calendar  year  if  the ownership
23        interest of the person filing is in excess of $5,000 fair
24        market value at the  time  of  filing  or  if  income  or
25        dividends in excess of $1,200 were received by the person
26        filing  from  the  entity  during  the preceding calendar
27        year.
28    (Source: P.A. 92-101, eff. 1-1-02.)

29        (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
30        Sec. 4A-105. Time for  filing.   Except  as  provided  in
31    Section  4A-106.1,  by May 1 of each year a statement must be
32    filed by each person whose position at that time subjects him
33    to the filing requirements of Section 4A-101  unless  he  has
 
SB702 Enrolled             -98-      LRB093 03133 JAM 03150 b
 1    already  filed  a  statement  in relation to the same unit of
 2    government in that calendar year.
 3        Statements must also be filed as follows:
 4             (a)  A candidate for elective office shall file  his
 5        statement  not  later  than  the end of the period during
 6        which he can take the action necessary under the laws  of
 7        this   State   to  attempt  to  qualify  for  nomination,
 8        election, or retention to such office if he has not filed
 9        a statement in relation to the same  unit  of  government
10        within a year preceding such action.
11             (b)  A person whose appointment to office is subject
12        to confirmation by the Senate shall file his statement at
13        the  time  his  name  is  submitted  to  the  Senate  for
14        confirmation.
15             (b-5)  A  special  government  agent,  as defined in
16        item (1) of Section 4A-101 of  this  Act,  shall  file  a
17        statement  within 30 days after making the first ex parte
18        communication and each May 1 thereafter if he or she  has
19        made  an  ex  parte  communication within the previous 12
20        months.
21             (c)  Any other person required by  this  Article  to
22        file  the statement shall file a statement at the time of
23        his or her initial appointment or employment in  relation
24        to  that  unit  of government if appointed or employed by
25        May 1.
26        If any person who is required  to  file  a  statement  of
27    economic  interests  fails to file such statement by May 1 of
28    any year, the officer with whom such statement is to be filed
29    under Section 4A-106 of this Act shall, within 7  days  after
30    May  1,  notify  such  person by certified mail of his or her
31    failure to file by the specified  date.   Except  as  may  be
32    prescribed  by  rule  of  the Secretary of State, such person
33    shall file his or her statement of economic interests  on  or
34    before  May  15 with the appropriate officer, together with a
 
SB702 Enrolled             -99-      LRB093 03133 JAM 03150 b
 1    $15 late filing fee.  Any such person who fails  to  file  by
 2    May  15  shall  be  subject to a penalty of $100 for each day
 3    from May 16 to the date of filing, which shall be in addition
 4    to the $15 late filing fee specified above.  Failure to  file
 5    by  May  31  shall  result in a forfeiture in accordance with
 6    Section 4A-107 of this Act.
 7        Any person who takes office or otherwise becomes required
 8    to file a statement of  economic  interests  within  30  days
 9    prior  to  May 1 of any year may file his or her statement at
10    any time on or before May 31 without penalty.  If such person
11    fails to file such statement by May 31, the officer with whom
12    such statement is to be filed under Section  4A-106  of  this
13    Act  shall, within 7 days after May 31, notify such person by
14    certified mail of his or her failure to file by the specified
15    date.  Such  person  shall  file  his  or  her  statement  of
16    economic  interests on or before June 15 with the appropriate
17    officer, together with a  $15  late  filing  fee.   Any  such
18    person  who  fails  to  file by June 15 shall be subject to a
19    penalty of $100 per day for each day from June 16 to the date
20    of filing, which shall be in addition to the $15 late  filing
21    fee specified above.  Failure to file by June 30 shall result
22    in  a  forfeiture  in  accordance with Section 4A-107 of this
23    Act.
24        All late filing fees and penalties collected pursuant  to
25    this  Section  shall be paid into the General Revenue Fund in
26    the State treasury, if the Secretary of State  receives  such
27    statement  for filing, or into the general fund in the county
28    treasury, if the county clerk  receives  such  statement  for
29    filing.  The Attorney General, with respect to the State, and
30    the  several  State's  Attorneys,  with  respect to counties,
31    shall take  appropriate  action  to  collect  the  prescribed
32    penalties.
33        Failure  to file a statement of economic interests within
34    the  time  prescribed  shall  not  result  in   a   fine   or
 
SB702 Enrolled             -100-     LRB093 03133 JAM 03150 b
 1    ineligibility  for,  or  forfeiture of, office or position of
 2    employment, as the case may be; provided that the failure  to
 3    file  results from not being included for notification by the
 4    appropriate agency, clerk,  secretary,  officer  or  unit  of
 5    government, as the case may be, and that a statement is filed
 6    within 30 days of actual notice of the failure to file.
 7    (Source:  P.A.  88-187;  88-605,  eff.  9-1-94;  89-433, eff.
 8    12-15-95.)

 9        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
10        Sec.  4A-106.   The  statements  of  economic   interests
11    required of persons listed in items (a) through (f), and item
12    (j),  and  item (l) of Section 4A-101 shall be filed with the
13    Secretary of State.  The  statements  of  economic  interests
14    required  of  persons listed in items (g), (h), (i), and (k),
15    and (l) of Section 4A-101 shall  be  filed  with  the  county
16    clerk of the county in which the principal office of the unit
17    of  local  government  with which the person is associated is
18    located.  If it is not apparent which  county  the  principal
19    office  of  a  unit of local government is located, the chief
20    administrative officer, or  his  or  her  designee,  has  the
21    authority,  for purposes of this Act, to determine the county
22    in which the principal  office  is  located.   On  or  before
23    February  1 annually, (1) the chief administrative officer of
24    any State agency in the executive, legislative,  or  judicial
25    branch  employing  persons required to file under item (f) or
26    item (l) of Section 4A-101 shall certify to the Secretary  of
27    State  the  names and mailing addresses of those persons, and
28    (2) the chief administrative officer, or his or her designee,
29    of each unit of local government with  persons  described  in
30    items (h), (i) and (k) of Section 4A-101 shall certify to the
31    appropriate  county  clerk  a  list of names and addresses of
32    persons described in items (h), (i) and (k) of Section 4A-101
33    that are required to file.   In  preparing  the  lists,  each
 
SB702 Enrolled             -101-     LRB093 03133 JAM 03150 b
 1    chief  administrative  officer, or his or her designee, shall
 2    set out the names in alphabetical order.
 3        On or before February 1 annually, the  secretary  to  the
 4    board  of  education  for  local  school councils established
 5    pursuant to Section 34-2.1 of the School Code  shall  certify
 6    to  the county clerk the names and mailing addresses of those
 7    persons described in item (l) of Section 4A-101.
 8        On or before April 1 annually,  the  Secretary  of  State
 9    shall  notify (1) all persons whose names have been certified
10    to him under items item (f) and (l) of  Section  4A-101,  and
11    (2)  all  persons described in items (a) through (e) and item
12    (j) of Section 4A-101, other than candidates for  office  who
13    have  filed their statements with their nominating petitions,
14    of  the  requirements  for  filing  statements  of   economic
15    interests.  A  person  required to file with the Secretary of
16    State by virtue of more than one item among items (a) through
17    (f) and items item (j) and (l) shall be notified  of  and  is
18    required  to  file  only  one statement of economic interests
19    relating to all items under which the person is  required  to
20    file with the Secretary of State.
21        On  or  before April 1 annually, the county clerk of each
22    county  shall  notify  all  persons  whose  names  have  been
23    certified to him under items (g), (h), (i), and (k), and  (l)
24    of  Section 4A-101, other than candidates for office who have
25    filed their statements with their  nominating  petitions,  of
26    the requirements for filing statements of economic interests.
27    A  person  required  to file with a county clerk by virtue of
28    more than one item among items (g), (h), (i),  and  (k),  and
29    (l)  shall  be  notified  of and is required to file only one
30    statement of economic interests relating to all  items  under
31    which the person is required to file with that county clerk.
32        Except  as  provided  in  Section  4A-106.1,  the notices
33    provided  for  in  this  Section  shall  be  in  writing  and
34    deposited in the U.S. Mail, properly addressed,  first  class
 
SB702 Enrolled             -102-     LRB093 03133 JAM 03150 b
 1    postage  prepaid,  on  or  before  the  day  required by this
 2    Section for the sending of the notice. A certificate executed
 3    by the Secretary of State or county clerk attesting  that  he
 4    has  mailed  the  notice  constitutes  prima  facie  evidence
 5    thereof.
 6        From  the  lists  certified  to him under this Section of
 7    persons described in items (g), (h), (i), and (k), and (l) of
 8    Section 4A-101, the clerk of each  county  shall  compile  an
 9    alphabetical  listing  of persons required to file statements
10    of economic interests in his office under any of those items.
11    As the statements are filed in his office, the  county  clerk
12    shall  cause  the  fact of that filing to be indicated on the
13    alphabetical listing of persons  who  are  required  to  file
14    statements.  Within  30  days after the due dates, the county
15    clerk shall mail to the State Board of Elections a true  copy
16    of that listing showing those who have filed statements.
17        The  county  clerk  of  each  county  shall note upon the
18    alphabetical listing the names of  all  persons  required  to
19    file  a  statement of economic interests who failed to file a
20    statement on or before May 1.  It shall be the  duty  of  the
21    several  county  clerks to give notice as provided in Section
22    4A-105 to any person who  has  failed  to  file  his  or  her
23    statement with the clerk on or before May 1.
24        Any person who files or has filed a statement of economic
25    interest  under  this  Act  is  entitled  to receive from the
26    Secretary of State or county clerk, as the  case  may  be,  a
27    receipt   indicating   that  the  person  has  filed  such  a
28    statement, the date of such filing, and the identity  of  the
29    governmental unit or units in relation to which the filing is
30    required.
31        The  Secretary  of  State  may  employ such employees and
32    consultants as he considers necessary to carry out his duties
33    hereunder,  and  may  prescribe  their  duties,   fix   their
34    compensation,   and   provide   for  reimbursement  of  their
 
SB702 Enrolled             -103-     LRB093 03133 JAM 03150 b
 1    expenses.
 2        All statements of economic  interests  filed  under  this
 3    Section shall be available for examination and copying by the
 4    public  at  all  reasonable  times.  Not later than 12 months
 5    after the effective date of this amendatory Act of  the  93rd
 6    General Assembly, beginning with statements filed in calendar
 7    year  2004,  the  Secretary of State shall make statements of
 8    economic interests filed with  the  Secretary  available  for
 9    inspection  and  copying  via  the  Secretary's website. Each
10    person examining a statement filed with the county clerk must
11    first fill out a form prepared  by  the  Secretary  of  State
12    identifying  the  examiner  by  name, occupation, address and
13    telephone number, and listing the  date  of  examination  and
14    reason  for  such  examination.  The Secretary of State shall
15    supply such forms to the county clerks annually and replenish
16    such forms upon request.
17        The Secretary of State or county clerk, as the  case  may
18    be,  shall  promptly  notify  each  person required to file a
19    statement  under  this  Article  of  each  instance   of   an
20    examination  of  his  statement  by  sending  him a duplicate
21    original of the identification form filled out by the  person
22    examining his statement.
23    (Source: P.A. 92-101, eff. 1-1-02.)

24        (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
25        Sec.  4A-107.  Any person required to file a statement of
26    economic interests under this Article who willfully  files  a
27    false  or  incomplete  statement shall be guilty of a Class A
28    misdemeanor.
29        Failure to file a statement within  the  time  prescribed
30    shall  result  in ineligibility for, or forfeiture of, office
31    or position of employment, as  the  case  may  be;  provided,
32    however, that if the notice of failure to file a statement of
33    economic  interests provided in Section 4A-105 of this Act is
 
SB702 Enrolled             -104-     LRB093 03133 JAM 03150 b
 1    not given by the Secretary of State or the county  clerk,  as
 2    the case may be, no forfeiture shall result if a statement is
 3    filed within 30 days of actual notice of the failure to file.
 4        The   Attorney   General,  with  respect  to  offices  or
 5    positions described in items (a) through (f)  and  items  (j)
 6    and  (l)  of  Section  4A-101  of  this  Act,  or the State's
 7    Attorney of the county of the entity for which the filing  of
 8    statements of economic interests is required, with respect to
 9    offices  or  positions described in items (g) through (i) and
10    item, (k), and (l) of Section 4A-101 of this Act, shall bring
11    an action in quo warranto against any person who  has  failed
12    to file by either May 31 or June 30 of any given year.
13    (Source: P.A. 88-187; 88-511.)

14        (5 ILCS 425/Act rep.)
15        Section  85.  If and only if House Bill 3412 as passed by
16    the 93rd General Assembly becomes  law  by  override  of  the
17    Governor's  amendatory  veto,  the  State  Gift  Ban  Act  is
18    repealed.

19        (15 ILCS 505/19 rep.)
20        Section  87.  If and only if House Bill 3412 as passed by
21    the 93rd General Assembly becomes  law  by  override  of  the
22    Governor's  amendatory  veto,  the  State  Treasurer  Act  is
23    amended by repealing Section 19.

24        Section  90.  If and only if House Bill 3412 as passed by
25    the 93rd General Assembly becomes  law  by  override  of  the
26    Governor's  amendatory veto, the Personnel Code is amended by
27    changing Section 4c as follows:

28        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
29        Sec. 4c.  General exemptions.  The following positions in
30    State service shall be exempt from jurisdictions A, B, and C,
 
SB702 Enrolled             -105-     LRB093 03133 JAM 03150 b
 1    unless the jurisdictions shall be  extended  as  provided  in
 2    this Act:
 3             (1)  All officers elected by the people.
 4             (2)  All  positions  under  the Lieutenant Governor,
 5        Secretary of State, State Treasurer,  State  Comptroller,
 6        State Board of Education, Clerk of the Supreme Court, and
 7        Attorney General.
 8             (3)  Judges,  and  officers  and  employees  of  the
 9        courts, and notaries public.
10             (4)  All  officers  and  employees  of  the Illinois
11        General   Assembly,   all   employees   of    legislative
12        commissions,  all officers and employees of  the Illinois
13        Legislative Reference Bureau,  the  Legislative  Research
14        Unit, and the Legislative Printing Unit.
15             (5)  All  positions  in  the Illinois National Guard
16        and Illinois State Guard,  paid  from  federal  funds  or
17        positions  in  the  State   Military  Service  filled  by
18        enlistment and paid from State funds.
19             (6)  All  employees of the Governor at the executive
20        mansion and on his immediate personal staff.
21             (7)  Directors of Departments, the Adjutant General,
22        the Assistant  Adjutant  General,  the  Director  of  the
23        Illinois  Emergency  Management Agency, members of boards
24        and commissions,  and all other  positions  appointed  by
25        the Governor by and with the consent of the Senate.
26             (8)  The  presidents, other principal administrative
27        officers, and teaching, research and extension  faculties
28        of Chicago State University, Eastern Illinois University,
29        Governors  State  University,  Illinois State University,
30        Northeastern  Illinois  University,   Northern   Illinois
31        University,  Western  Illinois  University,  the Illinois
32        Community College Board,  Southern  Illinois  University,
33        Illinois   Board   of  Higher  Education,  University  of
34        Illinois,  State  Universities  Civil   Service   System,
 
SB702 Enrolled             -106-     LRB093 03133 JAM 03150 b
 1        University   Retirement   System  of  Illinois,  and  the
 2        administrative  officers  and  scientific  and  technical
 3        staff of the Illinois State Museum.
 4             (9)  All  other  employees  except  the  presidents,
 5        other principal administrative  officers,  and  teaching,
 6        research  and  extension  faculties  of  the universities
 7        under the jurisdiction of the Board of  Regents  and  the
 8        colleges  and universities under the  jurisdiction of the
 9        Board of Governors of State  Colleges  and  Universities,
10        Illinois   Community  College  Board,  Southern  Illinois
11        University, Illinois Board of Higher Education, Board  of
12        Governors  of  State Colleges and Universities, the Board
13        of Regents, University  of Illinois,  State  Universities
14        Civil  Service  System,  University  Retirement System of
15        Illinois, so long as these are subject to the  provisions
16        of the State Universities Civil Service Act.
17             (10)  The  State  Police so long as they are subject
18        to the merit provisions of the State Police Act.
19             (11)  The scientific staff of the  State  Scientific
20        Surveys and the Waste Management and Research Center.
21             (12)  The  technical  and  engineering staffs of the
22        Department of Transportation, the Department  of  Nuclear
23        Safety,  the  Pollution  Control  Board, and the Illinois
24        Commerce Commission, and the  technical  and  engineering
25        staff providing architectural and engineering services in
26        the Department of Central Management Services.
27             (13)  All  employees  of  the  Illinois  State  Toll
28        Highway Authority.
29             (14)  The Secretary of the Industrial Commission.
30             (15)  All  persons  who are appointed or employed by
31        the Director of Insurance  under authority of Section 202
32        of the Illinois Insurance Code to assist the Director  of
33        Insurance in discharging his responsibilities relating to
34        the  rehabilitation,   liquidation,   conservation,   and
 
SB702 Enrolled             -107-     LRB093 03133 JAM 03150 b
 1        dissolution   of   companies  that  are  subject  to  the
 2        jurisdiction of the Illinois  Insurance Code.
 3             (16)  All employees of the  St.  Louis  Metropolitan
 4        Area Airport Authority.
 5             (17)  All   investment   officers  employed  by  the
 6        Illinois State Board of Investment.
 7             (18)  Employees  of   the   Illinois   Young   Adult
 8        Conservation  Corps program, administered by the Illinois
 9        Department of Natural Resources, authorized grantee under
10        Title VIII of the Comprehensive Employment  and  Training
11        Act of 1973, 29 USC 993.
12             (19)  Seasonal   employees   of  the  Department  of
13        Agriculture for the operation of the Illinois State  Fair
14        and  the DuQuoin State Fair, no one person receiving more
15        than 29 days of such employment in any calendar year.
16             (20)  All  "temporary"  employees  hired  under  the
17        Department of Natural  Resources'  Illinois  Conservation
18        Service,  a  youth  employment  program  that hires young
19        people to work in State parks for a period of one year or
20        less.
21             (21)  All  hearing  officers  of  the  Human  Rights
22        Commission.
23             (22)  All employees of the Illinois Mathematics  and
24        Science Academy.
25             (23)  All  employees  of  the  Kankakee River Valley
26        Area Airport Authority.
27             (24)  The  commissioners  and   employees   of   the
28        Executive Ethics Commission.
29             (25)  The  Executive  Inspectors  General, including
30        special Executive Inspectors General,  and  employees  of
31        each Office of an Executive Inspector General.
32             (26)  The   commissioners   and   employees  of  the
33        Legislative Ethics Commission.
34             (27)  The Legislative Inspector  General,  including
 
SB702 Enrolled             -108-     LRB093 03133 JAM 03150 b
 1        special  Legislative Inspectors General, and employees of
 2        the Office of the Legislative Inspector General.
 3             (28)  The Auditor General's  Inspector  General  and
 4        employees   of   the  Office  of  the  Auditor  General's
 5        Inspector General.
 6    (Source: P.A. 90-490,  eff.  8-17-97;  91-214,  eff.  1-1-00;
 7    91-357, eff. 7-29-99.)

 8        Section  95.  If and only if House Bill 3412 as passed by
 9    the 93rd General Assembly becomes  law  by  override  of  the
10    Governor's amendatory veto, the General Assembly Compensation
11    Act is amended by changing Section 4 as follows:

12        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
13        Sec.  4.  Office allowance.  Beginning July 1, 2001, each
14    member of the  House  of  Representatives  is  authorized  to
15    approve the expenditure of not more than $61,000 per year and
16    each  member  of  the  Senate  is  authorized  to approve the
17    expenditure of not more than $73,000  per  year  to  pay  for
18    "personal  services",  "contractual services", "commodities",
19    "printing", "travel", "operation  of  automotive  equipment",
20    "telecommunications   services",  as  defined  in  the  State
21    Finance Act, and the compensation of one or more  legislative
22    assistants authorized pursuant to this Section, in connection
23    with his or her legislative duties and not in connection with
24    any political campaign. On July 1, 2002 and on July 1 of each
25    year  thereafter,  the  amount authorized per year under this
26    Section for each member of the Senate and each member of  the
27    House  of  Representatives shall be increased by a percentage
28    increase equivalent to the lesser of (i) the increase in  the
29    designated  cost  of living index or (ii) 5%.  The designated
30    cost of living index is the index known  as  the  "Employment
31    Cost  Index,  Wages  and Salaries, By Occupation and Industry
32    Groups:  State   and   Local   Government   Workers:   Public
 
SB702 Enrolled             -109-     LRB093 03133 JAM 03150 b
 1    Administration"   as   published   by  the  Bureau  of  Labor
 2    Statistics of the U.S. Department of Labor for  the  calendar
 3    year  immediately  preceding  the year of the respective July
 4    1st increase date.  The increase shall be added to  the  then
 5    current  amount,  and the adjusted amount so determined shall
 6    be the annual amount beginning July 1 of  the  increase  year
 7    until  July  1  of  the  next  year.   No increase under this
 8    provision shall be less than zero.
 9        A member may purchase  office  equipment  if  the  member
10    certifies  to the Secretary of the Senate or the Clerk of the
11    House, as applicable, that the purchase price,  whether  paid
12    in  lump  sum  or installments, amounts to less than would be
13    charged  for  renting  or  leasing  the  equipment  over  its
14    anticipated  useful  life.   All  such  equipment   must   be
15    purchased through the Secretary of the Senate or the Clerk of
16    the  House,  as  applicable,  for  proper  identification and
17    verification of purchase.
18        Each member of the  General  Assembly  is  authorized  to
19    employ  one  or  more  legislative  assistants,  who shall be
20    solely under the direction and control of  that  member,  for
21    the purpose of assisting the member in the performance of his
22    or  her  official  duties.   A  legislative  assistant may be
23    employed pursuant to this Section as  a  full-time  employee,
24    part-time   employee,   or   contractual   employee,  at  the
25    discretion of the member.  If employed as a State employee, a
26    legislative assistant shall receive  employment  benefits  on
27    the  same  terms and conditions that apply to other employees
28    of  the  General  Assembly.  Each  member  shall  adopt   and
29    implement personnel policies for legislative assistants under
30    his  or  her  direction  and  control  relating  to work time
31    requirements, documentation for reimbursement for  travel  on
32    official  State  business,  compensation, and the earning and
33    accrual of State benefits for  those  legislative  assistants
34    who  may  be eligible to receive those benefits. The policies
 
SB702 Enrolled             -110-     LRB093 03133 JAM 03150 b
 1    shall also require  legislative  assistants  to  periodically
 2    submit  time  sheets documenting, in quarter-hour increments,
 3    the time spent each day on  official  State  business.    The
 4    policies  shall  require  the  time sheets to be submitted on
 5    paper, electronically, or both and to be maintained in either
 6    paper or electronic format by the  applicable  fiscal  office
 7    for  a  period of at least 2 years. Contractual employees may
 8    satisfy the time sheets requirement  by  complying  with  the
 9    terms  of  their contract, which shall provide for a means of
10    compliance with this requirement.  A member may  satisfy  the
11    requirements  of  this paragraph by adopting and implementing
12    the  personnel  policies   promulgated   by   that   member's
13    legislative  leader  under  the State Officials and Employees
14    Ethics  Act  with  respect  to  that   member's   legislative
15    assistants.
16        As  used  in  this  Section  the term "personal services"
17    shall include contributions of the State  under  the  Federal
18    Insurance  Contribution  Act  and  under  Article  14  of the
19    Illinois Pension Code.  As used  in  this  Section  the  term
20    "contractual services" shall not include improvements to real
21    property  unless those improvements are the obligation of the
22    lessee under the lease agreement.  Beginning July 1, 1989, as
23    used in the Section, the term "travel" shall  be  limited  to
24    travel  in  connection with a member's legislative duties and
25    not in connection with any political campaign.  Beginning  on
26    the effective date of this amendatory Act of the 93rd General
27    Assembly,  as  used  in  this  Section,  the  term "printing"
28    includes, but is  not  limited  to,  newsletters,  brochures,
29    certificates,  congratulatory  mailings,  greeting or welcome
30    messages, anniversary or birthday cards, and  congratulations
31    for  prominent  achievement  cards.  As used in this Section,
32    the  term  "printing"  includes  fees   for   non-substantive
33    resolutions   charged   by   the   Clerk   of  the  House  of
34    Representatives under subsection (c-5) of Section  1  of  the
 
SB702 Enrolled             -111-     LRB093 03133 JAM 03150 b
 1    Legislative  Materials Act. No newsletter or brochure that is
 2    paid for, in whole or in part, with funds provided under this
 3    Section may be printed or mailed during  a  period  beginning
 4    February  1  of  the  year  of a general primary election and
 5    ending the day after the general primary election and  during
 6    a  period  beginning  September  1  of  the year of a general
 7    election and ending  the  day  after  the  general  election,
 8    except  that  such  a  newsletter  or  brochure may be mailed
 9    during those times if  it  is  mailed  to  a  constituent  in
10    response  to  that constituent's inquiry concerning the needs
11    of that constituent or questions raised by that  constituent.
12    Nothing  in  this  Section  shall  be  construed to authorize
13    expenditures for lodging and  meals  while  a  member  is  in
14    attendance at sessions of the General Assembly.
15        Any  utility  bill  for  service  provided  to a member's
16    district  office  for  a  period  including  portions  of   2
17    consecutive  fiscal years may be paid from funds appropriated
18    for such expenditure in either fiscal year.
19        If  a  vacancy  occurs  in  the  office  of  Senator   or
20    Representative  in the General Assembly, any office equipment
21    in the possession of the vacating member  shall  transfer  to
22    the  member's  successor; if the successor does not want such
23    equipment, it shall be transferred to the  Secretary  of  the
24    Senate  or Clerk of the House of Representatives, as the case
25    may be, and if not wanted by other  members  of  the  General
26    Assembly   then  to  the  Department  of  Central  Management
27    Services for treatment as surplus property  under  the  State
28    Property Control Act.  Each member, on or before June 30th of
29    each  year,  shall  conduct  an  inventory  of  all equipment
30    purchased pursuant to this  Act.   Such  inventory  shall  be
31    filed  with  the  Secretary of the Senate or the Clerk of the
32    House, as the case may be.  Whenever a  vacancy  occurs,  the
33    Secretary  of  the  Senate  or the Clerk of the House, as the
34    case  may  be,  shall  conduct  an  inventory  of   equipment
 
SB702 Enrolled             -112-     LRB093 03133 JAM 03150 b
 1    purchased.
 2        In  the  event  that a member leaves office during his or
 3    her term,  any  unexpended  or  unobligated  portion  of  the
 4    allowance  granted  under  this  Section  shall  lapse.   The
 5    vacating  member's successor shall be granted an allowance in
 6    an  amount,  rounded  to  the  nearest  dollar,  computed  by
 7    dividing the annual allowance  by  365  and  multiplying  the
 8    quotient by the number of days remaining in the fiscal year.
 9        From  any  appropriation for the purposes of this Section
10    for a fiscal year which overlaps  2  General  Assemblies,  no
11    more than 1/2 of the annual allowance per member may be spent
12    or  encumbered  by  any  member  of  either  the  outgoing or
13    incoming General Assembly, except  that  any  member  of  the
14    incoming  General  Assembly  who was a member of the outgoing
15    General Assembly may encumber or spend  any  portion  of  his
16    annual allowance within the fiscal year.
17        The  appropriation for the annual allowances permitted by
18    this Section shall be included in  an  appropriation  to  the
19    President  of  the  Senate and to the Speaker of the House of
20    Representatives for their respective members.  The  President
21    of  the Senate and the Speaker of the House shall voucher for
22    payment individual members' expenditures  from  their  annual
23    office  allowances  to  the State Comptroller, subject to the
24    authority of the Comptroller under Section  9  of  the  State
25    Comptroller Act.
26    (Source: P.A.  90-569,  eff. 1-28-98; 91-952, eff. 7-1-01; 93
27    HB3412enr.)

28        Section 100.  If and only if House Bill 3412 as passed by
29    the 93rd General Assembly becomes  law  by  override  of  the
30    Governor's   amendatory   veto,  the  Legislative  Commission
31    Reorganization Act of 1984 is  amended  by  changing  Section
32    9-2.5 as follows:
 
SB702 Enrolled             -113-     LRB093 03133 JAM 03150 b
 1        (25 ILCS 130/9-2.5)
 2        Sec.  9-2.5.  Newsletters and brochures.  The Legislative
 3    Printing Unit may not print for any  member  of  the  General
 4    Assembly  any  newsletters  or  brochures  during  the period
 5    beginning February  1  of  the  year  of  a  general  primary
 6    election  and  ending  the  day  after  the  general  primary
 7    election  and  during  a  period beginning September 1 of the
 8    year of a general election  and  ending  the  day  after  the
 9    general  election.  A  member of the General Assembly may not
10    mail, during a period beginning February 1 of the year  of  a
11    general primary election and ending the day after the general
12    primary election and during a period beginning September 1 of
13    the  year  of a general election and ending the day after the
14    general election, any  newsletters  or  brochures  that  were
15    printed,  at  any  time,  by  the  Legislative Printing Unit,
16    except that such a  newsletter  or  brochure  may  be  mailed
17    during  those  times  if  it  is  mailed  to a constituent in
18    response to that constituent's inquiry concerning  the  needs
19    of that constituent or questions raised by that constituent.
20    (Source: 93 HB3412enr.)

21        Section 115.  If and only if House Bill 3412 as passed by
22    the  93rd  General  Assembly  becomes  law by override of the
23    Governor's amendatory veto, the Lobbyist Registration Act  is
24    amended by changing Sections 3.1 and 5 as follows:

25        (25 ILCS 170/3.1)
26        Sec.   3.1.  Prohibition   on   serving   on  boards  and
27    commissions.  Notwithstanding any other law of this State, on
28    and after February 1, 2004,  but  not  before  that  date,  a
29    person  required  to be registered under this Act, his or her
30    spouse, and his or her immediate family members  living  with
31    that  person may not serve on a board, commission, authority,
32    or task force authorized  or  created  by  State  law  or  by
 
SB702 Enrolled             -114-     LRB093 03133 JAM 03150 b
 1    executive order of the Governor; except that this restriction
 2    does not apply to any of the following:
 3             (1)  a  registered  lobbyist,  his or her spouse, or
 4        any immediate family member living  with  the  registered
 5        lobbyist,  who  is  serving in an elective public office,
 6        whether elected or appointed to fill a vacancy; and
 7             (2)  a registered lobbyist, his or  her  spouse,  or
 8        any  immediate  family  member living with the registered
 9        lobbyist, who is serving on a State  advisory  body  that
10        makes  nonbinding  recommendations  to an agency of State
11        government but does not make binding  recommendations  or
12        determinations or take any other substantive action.
13    (Source: 93HB3412enr.)

14        (25 ILCS 170/5) (from Ch. 63, par. 175)
15        (Text of Section amended by P.A. 93-32)
16        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
17    person  required  to  register under Section 3 shall each and
18    every year, or before any such  service  is  performed  which
19    requires  the  person to register, but in any event not later
20    than 2 business days after being employed or retained, and on
21    or before each January 31 and July 31 thereafter, file in the
22    Office  of  the  Secretary  of  State  a  written   statement
23    containing  the  following  information  with respect to each
24    person or entity employing or retaining the  person  required
25    to register:
26             (a)  The  registrant's  name, and permanent address,
27        e-mail address, if any,  fax  number,  if  any,  business
28        telephone   number,   and   temporary   address,  if  the
29        registrant has a temporary address while lobbying of  the
30        registrant.
31             (a-5)  If  the  registrant  is  an  organization  or
32        business   entity,   the   information   required   under
33        subsection  (a)  for  each  person  associated  with  the
 
SB702 Enrolled             -115-     LRB093 03133 JAM 03150 b
 1        registrant  who  will  be lobbying, regardless of whether
 2        lobbying is a significant part of his or her duties.
 3             (b)  The name and address of the person  or  persons
 4        employing   or   retaining  registrant  to  perform  such
 5        services or on whose behalf the registrant appears.
 6             (c)  A   brief   description   of   the   executive,
 7        legislative, or administrative  action  in  reference  to
 8        which such service is to be rendered.
 9             (c-5)  Each  executive and legislative branch agency
10        the registrant expects to lobby during  the  registration
11        period.
12             (c-6)  The  nature  of  the  client's  business,  by
13        indicating  all  of  the following categories that apply:
14        (1) banking and financial  services,  (2)  manufacturing,
15        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
16        insurance, (7) community interests, (8) labor, (9) public
17        relations  or  advertising, (10) marketing or sales, (11)
18        hospitality,  (12)  engineering,  (13)   information   or
19        technology  products  or  services, (14) social services,
20        (15) public utilities, (16) racing or wagering, (17) real
21        estate or  construction,  (18)  telecommunications,  (19)
22        trade   or   professional  association,  (20)  travel  or
23        tourism, (21) transportation,  and  (22)  other  (setting
24        forth the nature of that other business).
25             (d)  A picture of the registrant.
26        The  registrant  must  file an amendment to the statement
27    within 14 calendar days to report any substantial  change  or
28    addition  to  the information previously filed, except that a
29    registrant  must  file  an  amendment  to  the  statement  to
30    disclose  a  new  agreement  to  retain  the  registrant  for
31    lobbying services  before  any  service  is  performed  which
32    requires  the  person to register, but in any event not later
33    than  2  business  days  after  entering  into  the  retainer
34    agreement.
 
SB702 Enrolled             -116-     LRB093 03133 JAM 03150 b
 1        Not later than 12 months after the effective date of this
 2    amendatory Act of the  93rd  General  Assembly,  or  as  soon
 3    thereafter  as  the  Secretary of State has provided adequate
 4    software to the persons required to file, all statements  and
 5    amendments  to statements required to be filed shall be filed
 6    electronically. The Secretary of State  shall  promptly  make
 7    all  filed  statements  and amendments to statements publicly
 8    available  by  means  of  a  searchable  database   that   is
 9    accessible through the World Wide Web. The Secretary of State
10    shall  provide  all  software  necessary  to comply with this
11    provision to all persons required to file. The  Secretary  of
12    State  shall  implement a plan to provide computer access and
13    assistance to persons required to file electronically.
14        Persons required to register under this Act prior to July
15    1, 2003, shall remit a single, annual and  nonrefundable  $50
16    registration  fee. All fees collected for registrations prior
17    to July  1,  2003,  shall  be  deposited  into  the  Lobbyist
18    Registration   Administration  Fund  for  administration  and
19    enforcement of this Act. Beginning July 1, 2003, all  persons
20    other  than entities qualified under Section 501(c)(3) of the
21    Internal Revenue Code required to  register  under  this  Act
22    shall  remit  a  single,  annual, and nonrefundable $350 $300
23    registration fee. Entities required to  register  under  this
24    Act  which  are  qualified  under  Section  501(c)(3)  of the
25    Internal Revenue Code  shall  remit  a  single,  annual,  and
26    nonrefundable  $150  $100  registration  fee. Each individual
27    required to register under  this  Act  shall  submit,  on  an
28    annual  basis, a picture of the registrant. A registrant may,
29    in lieu of submitting a picture on an annual basis, authorize
30    the Secretary  of  State  to  use  any  photo  identification
31    available  in  any  database  maintained  by the Secretary of
32    State for other purposes. The increases in the fees from  $50
33    to  $100  and  from $50 to $300 by this amendatory Act of the
34    93rd General Assembly  are  in  addition  to  any  other  fee
 
SB702 Enrolled             -117-     LRB093 03133 JAM 03150 b
 1    increase  enacted  by  the  93rd  or  any  subsequent General
 2    Assembly.   Of   each   registration   fee   collected    for
 3    registrations  on  or  after  July  1,  2003,  $50  shall  be
 4    deposited  into the Lobbyist Registration Administration Fund
 5    for  administration  and  enforcement  of  this  Act  and  is
 6    intended to  implement  and  maintain  electronic  filing  of
 7    reports  under this Act, any additional amount collected as a
 8    result of any other fee increase enacted by the 93rd  or  any
 9    subsequent  General  Assembly  shall  be  deposited  into the
10    Lobbyist Registration Administration Fund  for  the  purposes
11    provided by law for that fee increase, the next $100 shall be
12    deposited  into the Lobbyist Registration Administration Fund
13    for administration and  enforcement  of  this  Act,  and  any
14    balance shall be deposited into the General Revenue Fund.
15    (Source: P.A. 93-32)

16        (Text of Section as amended by 93 HB3412enr.)
17        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
18    person  required to register under Section 3 shall before any
19    service is performed which requires the person  to  register,
20    but  in  any event not later than 2 business days after being
21    employed or retained, and on or before each  January  31  and
22    July  31  thereafter,  file in the Office of the Secretary of
23    State  a   written   statement   containing   the   following
24    information  with  respect to each person or entity employing
25    or retaining the person required to register:
26             (a)  The  registrant's  name,   permanent   address,
27        e-mail  address,  if  any,  fax  number, if any, business
28        telephone  number,  and   temporary   address,   if   the
29        registrant has a temporary address while lobbying.
30             (a-5)  If  the  registrant  is  an  organization  or
31        business   entity,   the   information   required   under
32        subsection  (a)  for  each  person  associated  with  the
33        registrant  who  will  be lobbying, regardless of whether
 
SB702 Enrolled             -118-     LRB093 03133 JAM 03150 b
 1        lobbying is a significant part of his or her duties.
 2             (b)  The name and address of the person  or  persons
 3        employing   or   retaining  registrant  to  perform  such
 4        services or on whose behalf the registrant appears.
 5             (c)  A   brief   description   of   the   executive,
 6        legislative, or administrative  action  in  reference  to
 7        which such service is to be rendered.
 8             (c-5)  Each  executive and legislative branch agency
 9        the registrant expects to lobby during  the  registration
10        period.
11             (c-6)  The  nature  of  the  client's  business,  by
12        indicating  all  of  the following categories that apply:
13        (1) banking and financial  services,  (2)  manufacturing,
14        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
15        insurance, (7) community interests, (8) labor, (9) public
16        relations  or  advertising, (10) marketing or sales, (11)
17        hospitality,  (12)  engineering,  (13)   information   or
18        technology  products  or  services, (14) social services,
19        (15) public utilities, (16) racing or wagering, (17) real
20        estate or  construction,  (18)  telecommunications,  (19)
21        trade   or   professional  association,  (20)  travel  or
22        tourism, (21) transportation,  and  (22)  other  (setting
23        forth the nature of that other business).
24        The  registrant  must  file an amendment to the statement
25    within 14 calendar days to report any substantial  change  or
26    addition  to  the information previously filed, except that a
27    registrant  must  file  an  amendment  to  the  statement  to
28    disclose  a  new  agreement  to  retain  the  registrant  for
29    lobbying services  before  any  service  is  performed  which
30    requires  the  person to register, but in any event not later
31    than  2  business  days  after  entering  into  the  retainer
32    agreement.
33        Not later than 12 months after the effective date of this
34    amendatory Act of the  93rd  General  Assembly,  or  as  soon
 
SB702 Enrolled             -119-     LRB093 03133 JAM 03150 b
 1    thereafter  as  the  Secretary of State has provided adequate
 2    software to the persons required to file, all statements  and
 3    amendments  to statements required to be filed shall be filed
 4    electronically. The Secretary of State  shall  promptly  make
 5    all  filed  statements  and amendments to statements publicly
 6    available  by  means  of  a  searchable  database   that   is
 7    accessible through the World Wide Web. The Secretary of State
 8    shall  provide  all  software  necessary  to comply with this
 9    provision to all persons required to file. The  Secretary  of
10    State  shall  implement a plan to provide computer access and
11    assistance to persons required to file electronically.
12        Persons required to register under this Act prior to July
13    1, 2003, shall, on an annual basis, remit  a  single,  annual
14    and   nonrefundable  $50  $100  registration  fee.  All  fees
15    collected for registrations prior to July 1, 2003,  shall  be
16    deposited  into the Lobbyist Registration Administration Fund
17    for administration and enforcement  of  this  Act.  Beginning
18    July 1, 2003, all persons other than entities qualified under
19    Section  501(c)(3)  of  the Internal Revenue Code required to
20    register under this Act shall remit  a  single,  annual,  and
21    nonrefundable  $350  registration  fee.  Entities required to
22    register under this Act which  are  qualified  under  Section
23    501(c)(3)  of the Internal Revenue Code shall remit a single,
24    annual,  and  nonrefundable  $150  registration   fee.   Each
25    individual  required to register under this Act shall submit,
26    on an annual basis, a picture of the registrant and a picture
27    of the registrant. A registrant may, in lieu of submitting  a
28    picture  on an annual basis, authorize the Secretary of State
29    to use any photo identification  available  in  any  database
30    maintained  by  the Secretary of State for other purposes. Of
31    each registration fee collected for registrations on or after
32    July 1, 2003, $50  All  fees  shall  be  deposited  into  the
33    Lobbyist  Registration Administration Fund for administration
34    and enforcement of this Act and. The increase in the fee from
 
SB702 Enrolled             -120-     LRB093 03133 JAM 03150 b
 1    $50 to $100 by this amendatory Act and of  the  93rd  General
 2    Assembly  is  intended  to  be used to implement and maintain
 3    electronic filing of reports under this Act,  the  next  $100
 4    shall   be   deposited   into   the   Lobbyist   Registration
 5    Administration  Fund  for  administration  and enforcement of
 6    this Act, and any balance shall be deposited into the General
 7    Revenue Fund. and is in addition to any  other  fee  increase
 8    enacted by the 93rd or any subsequent General Assembly.
 9    (Source: 93 HB3412enr.)

10        Section  990.  Severability.   The provisions of this Act
11    are severable under Section 1.31 of the Statute on Statutes.

12        Section 995.  Closed sessions; vote requirement. This Act
13    authorizes the ethics commissions of the executive branch and
14    legislative branch to conduct closed sessions, hearings,  and
15    meetings  in  certain  circumstances.  In  order  to meet the
16    requirements of subsection (c) of Section 5 of Article IV  of
17    the  Illinois  Constitution,  the General Assembly determines
18    that closed sessions, hearings, and meetings  of  the  ethics
19    commissions,   including   the   ethics  commission  for  the
20    legislative branch, are  required  by  the  public  interest.
21    Thus,  this  Act  is  enacted  by  the  affirmative  vote  of
22    two-thirds  of  the  members  elected  to  each  house of the
23    General Assembly.

24        Section 999.  Effective date.  This Act takes effect upon
25    becoming law.