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Full Text of SB2263  100th General Assembly

SB2263 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2263

 

Introduced 11/7/2017, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/25-5

    Amends the State Officials and Employees Ethics Act. Removes provisions allowing for the appointment of members of the General Assembly to the Legislative Ethics Commission. Provides that the appointing authorities shall appoint commissioners from the general public who have experience holding governmental office or employment. Provides that a person is not eligible to serve as a commissioner if that person (i) has been convicted of a felony or a crime of dishonesty or moral turpitude; (ii) is, or was within the preceding 10 years, engaged in activities that require registration under the Lobbyist Registration Act; (iii) is related to the appointing authority; (iv) is or has been within the preceding 10 years a State officer, a State employee, or an employee or member of the General Assembly; or (v) holds a partisan elected or political party office, or is otherwise an officer or employee of a political committee or political campaign. Provides that no commissioner or employee of the Legislative Ethics Commission may, among other restrictions, be actively involved in the affairs of any political committee or political campaign. Makes conforming changes. Effective immediately.


LRB100 15533 RJF 30584 b

 

 

A BILL FOR

 

SB2263LRB100 15533 RJF 30584 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-5 and 25-10 as follows:
 
6    (5 ILCS 430/25-5)
7    Sec. 25-5. Legislative Ethics Commission.
8    (a) The Legislative Ethics Commission is created.
9    (b) The Legislative Ethics Commission shall consist of 8
10commissioners appointed 2 each by the President and Minority
11Leader of the Senate and the Speaker and Minority Leader of the
12House of Representatives.
13    The terms of the initial commissioners shall commence upon
14qualification. Each appointing authority shall designate one
15appointee who shall serve for a 2-year term running through
16June 30, 2005. Each appointing authority shall designate one
17appointee who shall serve for a 4-year term running through
18June 30, 2007. The initial appointments shall be made within 60
19days after the effective date of this Act.
20    After the initial terms, commissioners shall serve for
214-year terms commencing on July 1 of the year of appointment
22and running through June 30 of the fourth following year.
23Commissioners may be reappointed to one or more subsequent

 

 

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1terms.
2    Vacancies occurring other than at the end of a term shall
3be filled by the appointing authority only for the balance of
4the term of the commissioner whose office is vacant.
5    Terms shall run regardless of whether the position is
6filled.
7    (c) The appointing authorities shall appoint commissioners
8from the general public who have experience holding
9governmental office or employment. A person is not eligible to
10serve as a commissioner if that person (i) has been convicted
11of a felony or a crime of dishonesty or moral turpitude; (ii)
12is, or was within the preceding 10 years, engaged in activities
13that require registration under the Lobbyist Registration Act;
14(iii) is related to the appointing authority; (iv) is or has
15been within the preceding 10 years a State officer, a State
16employee, or an employee or member of the General Assembly; or
17(v) holds a partisan elected or political party office, or is
18otherwise an officer or employee of a political committee or
19political campaign The appointing authorities shall appoint
20commissioners who have experience holding governmental office
21or employment and may appoint commissioners who are members of
22the General Assembly as well as commissioners from the general
23public. A commissioner who is a member of the General Assembly
24must recuse himself or herself from participating in any matter
25relating to any investigation or proceeding in which he or she
26is the subject. A person is not eligible to serve as a

 

 

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1commissioner if that person (i) has been convicted of a felony
2or a crime of dishonesty or moral turpitude, (ii) is, or was
3within the preceding 12 months, engaged in activities that
4require registration under the Lobbyist Registration Act,
5(iii) is a relative of the appointing authority, or (iv) is a
6State officer or employee other than a member of the General
7Assembly.
8    (d) The Legislative Ethics Commission shall have
9jurisdiction over members of the General Assembly and all State
10employees whose ultimate jurisdictional authority is (i) a
11legislative leader, (ii) the Senate Operations Commission, or
12(iii) the Joint Committee on Legislative Support Services. The
13jurisdiction of the Commission is limited to matters arising
14under this Act.
15    An officer or executive branch State employee serving on a
16legislative branch board or commission remains subject to the
17jurisdiction of the Executive Ethics Commission and is not
18subject to the jurisdiction of the Legislative Ethics
19Commission.
20    (e) The Legislative Ethics Commission must meet, either in
21person or by other technological means, monthly or as often as
22necessary. At the first meeting of the Legislative Ethics
23Commission, the commissioners shall choose from their number a
24chairperson and other officers that they deem appropriate. The
25terms of officers shall be for 2 years commencing July 1 and
26running through June 30 of the second following year. Meetings

 

 

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1shall be held at the call of the chairperson or any 3
2commissioners. Official action by the Commission shall require
3the affirmative vote of 5 commissioners, and a quorum shall
4consist of 5 commissioners. Commissioners shall receive no
5compensation but may be reimbursed for their reasonable
6expenses actually incurred in the performance of their duties.
7    (f) No commissioner, other than a commissioner who is a
8member of the General Assembly, or employee of the Legislative
9Ethics Commission may during his or her term of appointment or
10employment:
11        (1) become a candidate for any elective office;
12        (2) hold any other elected or appointed public office
13    except for appointments on governmental advisory boards or
14    study commissions or as otherwise expressly authorized by
15    law;
16        (3) be actively involved in the affairs of any
17    political party, or political organization, political
18    committee, or political campaign; or
19        (4) advocate for the appointment of another person to
20    an appointed or elected office or position or actively
21    participate in any campaign for any elective office.
22    (g) An appointing authority may remove a commissioner only
23for cause.
24    (h) The Legislative Ethics Commission shall appoint an
25Executive Director subject to the approval of at least 3 of the
264 legislative leaders. The compensation of the Executive

 

 

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1Director shall be as determined by the Commission. The
2Executive Director of the Legislative Ethics Commission may
3employ, subject to the approval of at least 3 of the 4
4legislative leaders, and determine the compensation of staff,
5as appropriations permit.
6(Source: P.A. 96-555, eff. 8-18-09.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.