Full Text of SB2302 100th General Assembly
SB2302 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2302 Introduced 1/10/2018, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/25-5 |
| 5 ILCS 430/25-10 |
|
|
Amends the State Officials and Employees Ethics Act. Provides that the jurisdiction of the Legislative Ethics Commission and the Legislative Inspector General includes current and former members and employees of the General Assembly for events occurring during their terms of office in the General Assembly, or their periods of employment by the legislative branch of the government. Provides that the changes made by this amendatory Act are declarative of existing law. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2302 | | LRB100 16714 JWD 31853 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended 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
| 10 | | commissioners appointed 2 each by the
President and Minority | 11 | | Leader of the Senate and the Speaker and Minority Leader
of the | 12 | | House of Representatives.
| 13 | | The terms of the initial commissioners shall commence upon | 14 | | qualification.
Each appointing authority shall designate one | 15 | | appointee who
shall serve for a 2-year term running through
| 16 | | June 30, 2005.
Each appointing authority shall designate one | 17 | | appointee who
shall serve for a
4-year term running through | 18 | | June 30, 2007.
The initial appointments shall be made within 60 | 19 | | days
after the effective date of this Act.
| 20 | | After the initial terms, commissioners shall serve for | 21 | | 4-year terms
commencing on July 1 of the year of appointment | 22 | | and running
through June 30 of the fourth following year. | 23 | | Commissioners may be
reappointed to one or more subsequent |
| | | SB2302 | - 2 - | LRB100 16714 JWD 31853 b |
|
| 1 | | terms.
| 2 | | Vacancies occurring other than at the end of a term shall | 3 | | be filled
by the appointing authority only for the balance of | 4 | | the
term of the commissioner whose office is vacant.
| 5 | | Terms shall run regardless of whether the position is | 6 | | filled.
| 7 | | (c) The appointing authorities shall appoint commissioners | 8 | | who
have experience holding governmental office or employment | 9 | | and may
appoint commissioners who are members of the General | 10 | | Assembly as well as
commissioners from the general public.
A | 11 | | commissioner who is a member of the General Assembly must | 12 | | recuse himself or
herself from participating in any matter | 13 | | relating to any investigation or
proceeding in which he or she | 14 | | is the subject.
A person is not eligible to
serve as a | 15 | | commissioner if that person (i) has been convicted of a
felony | 16 | | or a crime of dishonesty or moral turpitude, (ii) is, or was
| 17 | | within the preceding 12 months, engaged in activities that
| 18 | | require registration under the Lobbyist Registration Act, | 19 | | (iii) is a
relative of the appointing authority, or (iv) is a | 20 | | State officer or employee
other than a member of the General | 21 | | Assembly.
| 22 | | (d) The Legislative Ethics Commission shall have
| 23 | | jurisdiction over current and former members of the General | 24 | | Assembly regarding events occurring during a member's term of | 25 | | office, and
current and former all State
employees regarding | 26 | | events occurring during any period of employment where the |
| | | SB2302 | - 3 - | LRB100 16714 JWD 31853 b |
|
| 1 | | State employee's whose ultimate jurisdictional authority is
| 2 | | (i) a legislative leader, (ii) the Senate Operations | 3 | | Commission, or (iii) the
Joint Committee on Legislative Support | 4 | | Services.
The jurisdiction of the
Commission is limited to | 5 | | matters arising under this Act. The changes made to this | 6 | | Section by this amendatory Act of the 100th General Assembly | 7 | | are declarative of existing law and do not change the | 8 | | substantive operation of this Section.
| 9 | | An officer or executive branch State employee serving on a | 10 | | legislative branch board or commission remains subject to the | 11 | | jurisdiction of the Executive Ethics Commission and is not | 12 | | subject to the jurisdiction of the Legislative Ethics | 13 | | Commission. | 14 | | (e) The Legislative Ethics Commission must meet, either
in | 15 | | person or by other technological means, monthly or as
often as | 16 | | necessary. At the first meeting of the Legislative
Ethics | 17 | | Commission, the commissioners shall choose from their
number a | 18 | | chairperson and other officers that they deem appropriate.
The | 19 | | terms of officers shall be for 2 years commencing July 1 and
| 20 | | running through June 30 of the second following year. Meetings | 21 | | shall be held at
the call
of the chairperson or any 3 | 22 | | commissioners. Official action by the
Commission shall require | 23 | | the affirmative vote of 5 commissioners, and
a quorum shall | 24 | | consist of 5 commissioners. Commissioners shall receive
no | 25 | | compensation but
may be
reimbursed for their reasonable | 26 | | expenses actually incurred in the
performance of their duties.
|
| | | SB2302 | - 4 - | LRB100 16714 JWD 31853 b |
|
| 1 | | (f) No commissioner, other than a commissioner who is a | 2 | | member of the
General
Assembly, or employee of the Legislative
| 3 | | Ethics Commission may during his or her term of appointment or | 4 | | employment:
| 5 | | (1) become a candidate for any elective office;
| 6 | | (2) hold any other elected or appointed public office
| 7 | | except for appointments on governmental advisory boards
or | 8 | | study commissions or as otherwise expressly authorized by | 9 | | law;
| 10 | | (3) be actively involved in the affairs of any | 11 | | political party or political
organization; or
| 12 | | (4) advocate for the appointment of another person to | 13 | | an appointed or elected office or position or actively | 14 | | participate in any campaign for any
elective office.
| 15 | | (g) An appointing authority may remove a
commissioner only | 16 | | for cause.
| 17 | | (h) The Legislative Ethics Commission shall appoint an
| 18 | | Executive Director subject to the approval of at least 3 of the | 19 | | 4 legislative leaders. The compensation of the Executive | 20 | | Director shall
be as determined by the Commission. The | 21 | | Executive Director of the Legislative
Ethics Commission may | 22 | | employ, subject to the approval of at least 3 of the 4 | 23 | | legislative leaders, and determine the
compensation of staff, | 24 | | as appropriations permit.
| 25 | | (Source: P.A. 96-555, eff. 8-18-09.) |
| | | SB2302 | - 5 - | LRB100 16714 JWD 31853 b |
|
| 1 | | (5 ILCS 430/25-10)
| 2 | | Sec. 25-10. Office of Legislative Inspector General.
| 3 | | (a) The independent Office of the Legislative Inspector | 4 | | General is created.
The Office shall be under the direction and | 5 | | supervision of the
Legislative Inspector General and shall be a | 6 | | fully independent office with its
own appropriation.
| 7 | | (b) The Legislative Inspector General shall be appointed | 8 | | without regard to
political
affiliation and solely on the basis | 9 | | of integrity and
demonstrated ability.
The Legislative Ethics
| 10 | | Commission shall diligently search out qualified candidates | 11 | | for Legislative
Inspector General
and shall make | 12 | | recommendations to the General Assembly.
| 13 | | The Legislative Inspector General shall be appointed by a | 14 | | joint resolution of
the
Senate and the House of | 15 | | Representatives, which may specify the date on
which the | 16 | | appointment takes effect.
A joint resolution, or other document | 17 | | as may be specified by the
Joint Rules of the General Assembly, | 18 | | appointing the Legislative Inspector
General must be certified | 19 | | by
the Speaker
of the House of Representatives and the | 20 | | President of the Senate as having been
adopted by the
| 21 | | affirmative vote of three-fifths of the members elected to each | 22 | | house,
respectively,
and be filed with the Secretary of State.
| 23 | | The appointment of the Legislative Inspector General takes | 24 | | effect on the day
the
appointment is completed by the General | 25 | | Assembly, unless the appointment
specifies a later date on | 26 | | which it is to become effective.
|
| | | SB2302 | - 6 - | LRB100 16714 JWD 31853 b |
|
| 1 | | The Legislative Inspector General shall have the following | 2 | | qualifications:
| 3 | | (1) has not been convicted of any felony under the laws | 4 | | of this State,
another state, or the United States;
| 5 | | (2) has earned a baccalaureate degree from an | 6 | | institution of higher
education; and
| 7 | | (3) has 5 or more years of cumulative service (A) with | 8 | | a federal,
State, or
local law enforcement agency, at least | 9 | | 2 years of which have been in a
progressive investigatory | 10 | | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 11 | | as a
senior manager or executive of a federal, State, or | 12 | | local
agency; (D) as a member, an officer,
or a State
or | 13 | | federal judge; or (E) representing any combination of (A) | 14 | | through (D).
| 15 | | The Legislative Inspector General may not be a relative of | 16 | | a commissioner.
| 17 | | The term of the initial Legislative Inspector General shall
| 18 | | commence upon qualification and shall run through June 30, | 19 | | 2008.
| 20 | | After the initial term, the Legislative Inspector General | 21 | | shall serve
for 5-year terms commencing on July 1 of the year | 22 | | of appointment
and running through June 30 of the fifth | 23 | | following year. The
Legislative Inspector General may be | 24 | | reappointed to one or more
subsequent terms.
| 25 | | A vacancy occurring other than at the end of a term shall | 26 | | be filled in the
same manner as an appointment only for the |
| | | SB2302 | - 7 - | LRB100 16714 JWD 31853 b |
|
| 1 | | balance of the term of the
Legislative
Inspector General whose | 2 | | office is vacant. If the Office is vacant, or if a Legislative | 3 | | Inspector General resigns, the Commission shall designate an | 4 | | Acting Legislative Inspector General who shall serve until the | 5 | | vacancy is filled. The Commission shall file the designation in | 6 | | writing with the Secretary of State.
| 7 | | Terms shall run regardless of whether the position is | 8 | | filled.
| 9 | | (c) The Legislative Inspector General
shall have | 10 | | jurisdiction over current and former the members of the General | 11 | | Assembly regarding events occurring during a member's term of | 12 | | office, and
current and former all State employees regarding | 13 | | events occurring during any period of employment where the | 14 | | State employee's whose ultimate jurisdictional authority is
| 15 | | (i) a legislative leader, (ii) the Senate Operations | 16 | | Commission, or (iii) the
Joint Committee on Legislative Support | 17 | | Services. The changes made to this Section by this amendatory | 18 | | Act of the 100th General Assembly are declarative of existing | 19 | | law and do not change the substantive operation of this | 20 | | Section.
| 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 General |
| | | SB2302 | - 8 - | LRB100 16714 JWD 31853 b |
|
| 1 | | shall
be the greater of an amount (i) determined by the | 2 | | Commission or (ii) by joint
resolution of the General Assembly | 3 | | passed by a majority of members elected in
each chamber.
| 4 | | Subject to Section 25-45 of this Act, the Legislative Inspector | 5 | | General has
full
authority to organize the Office of the | 6 | | Legislative Inspector General,
including the employment and | 7 | | determination of the compensation of
staff, such as deputies, | 8 | | assistants, and other employees, as
appropriations permit. | 9 | | Employment of staff is subject to the approval of at least 3 of | 10 | | the 4 legislative leaders.
| 11 | | (e) No Legislative Inspector General or employee of the | 12 | | Office of
the Legislative Inspector General may, during his or | 13 | | her term of appointment or
employment:
| 14 | | (1) become a candidate for any elective office;
| 15 | | (2) hold any other elected or appointed public office
| 16 | | except for appointments on governmental advisory boards
or | 17 | | study commissions or as otherwise expressly authorized by | 18 | | law;
| 19 | | (3) be actively involved in the affairs of any | 20 | | political party or
political organization; or
| 21 | | (4) actively participate in any campaign for any
| 22 | | elective office.
| 23 | | In this subsection an appointed public office means a | 24 | | position authorized by
law that is filled by an appointing | 25 | | authority as provided by law and does not
include employment by | 26 | | hiring in the ordinary course of business.
|
| | | SB2302 | - 9 - | LRB100 16714 JWD 31853 b |
|
| 1 | | (e-1) No Legislative Inspector General or employee of the | 2 | | Office of the
Legislative Inspector General may, for one year | 3 | | after the termination of his or
her appointment or employment:
| 4 | | (1) become a candidate for any elective office;
| 5 | | (2) hold any elected public office; or
| 6 | | (3) hold any appointed State, county, or local judicial | 7 | | office.
| 8 | | (e-2) The requirements of item (3) of subsection (e-1) may | 9 | | be waived by the
Legislative Ethics Commission.
| 10 | | (f) The Commission may remove the Legislative Inspector | 11 | | General only for
cause. At the time of the removal, the | 12 | | Commission must report to the General
Assembly the | 13 | | justification for the removal.
| 14 | | (Source: P.A. 98-631, eff. 5-29-14.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
|
|