HB3412avm001 93rd General Assembly

093_HB3412avm001

 
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                                 MOTION

          I move to accept  the  specific  recommendations  of  the
      Governor as to House Bill 3412 in manner and form as follows:
                      AMENDMENT TO HOUSE BILL 3412
               IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
          Amend House Bill 3412 as follows:

      on page 2, after line 2, by inserting the following:

          ""Commission"  means an ethics commission created by this
      Act."; and

      on page 2, after line 22, by inserting the following:

          ""Gift"  means  any  gratuity,  discount,  entertainment,
      hospitality,  loan,  forbearance,  or   other   tangible   or
      intangible  item  having  monetary  value  including, but not
      limited to, cash, food, and drink, and honoraria for speaking
      engagements  related  to  or   attributable   to   government
      employment  or  the official position of an employee, member,
      or officer."; and

      on page 5, after line 6, by inserting the following:

          ""Prohibited Source" means any person or entity who:
               (1)  is seeking official action (i) by the member or
          officer or (ii) in  the  case  of  an  employee,  by  the
          employee  or  by  the  member,  officer, State agency, or
          other employee directing the employee;
               (2)  does business or seeks to do business (i)  with
          the member or officer or (ii) in the case of an employee,
          with  the  employee  or  with  the member, officer, State
          agency, or other employee directing the employee;
               (3)  conducts activities regulated (i) by the member
          or officer or (ii) in the case of  an  employee,  by  the
          employee  or  by  the  member,  officer, State agency, or
 
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          other employee directing the employee;
               (4)  has  interests  that   may   be   substantially
          affected  by  the  performance  or non-performance of the
          official duties of the member, officer, or employee; or
               (5)  is registered or required to be registered with
          the Secretary of State under  the  Lobbyist  Registration
          Act,  except  that  an  entity not otherwise a prohibited
          source does not become a prohibited source merely because
          a lobbyist is one of its members or serves on  its  board
          of directors."; and

      on page 7, by replacing line 21 with the following:

          "(b)  The policies required under subsection (a), (i) for
      each  executive  branch  constitutional office shall be filed
      with  the  Executive  Ethics  Commission  and  (ii)  for  the
      legislative  branch  shall  be  filed   with   the   ultimate
      jurisdictional authority.
          (c)  The  policies  required under subsection (a) shall";
      and

      on  page  8,  by  replacing  lines  8  through  11  with  the
      following:

      "program conducted by the  appropriate  State  agency.   Each
      ultimate   jurisdictional   authority   must   implement   an
      ethics-training program for its officers and employees. These
      training  programs  shall  be  overseen  (i) in the executive
      branch, by the Executive Inspector General and  (ii)  in  the
      legislative   branch,   by   the   ultimate    jurisdictional
      authority.  Standards and the hours and frequency of training
      necessary for each position or category of positions shall be
      determined  (i)  in  the  executive  branch, by the Executive
      Inspector General and (ii) in the legislative branch, by  the
      ultimate  jurisdictional  authority.   A  person  who fills a
      vacancy in an"; and
 
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      by replacing line 28 on page 9 through line 4 on page 10 with
      the following:

          "(a)  No public  service  announcement  or  advertisement
      that  is on behalf of any State administered program, is paid
      for by public dollars, and contains the proper  name,  image,
      or  voice  of  any executive branch constitutional officer or
      member of the General Assembly shall be broadcast or aired on
      radio or television or printed in a commercial newspaper or a
      commercial magazine at any time."; and

      on page 11, by replacing line 30 with the following:

          "(a)  No former official,  appointee,  member,  or  State
      employee,  or  spouse  or immediate family member living with
      the employee, shall, within a period of one"; and

      on page 12, line 1, after "if the", by  inserting  "official,
      appointee, member, or State"; and

      on  page  12,  by  replacing  lines  3  through  6  with  the
      following:

      "participated  personally  and  substantially  in the subject
      matter of a transaction between the employer, or  its  parent
      or subsidiary, and the State during his or her term of office
      or employment.
          (b)  The  requirements  of this Section may be waived (i)
      for the executive branch, by the Executive Ethics  Commission
      and (ii) for the legislative branch, by"; and

      on  page  12, line 9, after "authority", by inserting "or the
      Executive Ethics Commission"; and

      on page 12, after line 15, by inserting the following:

                              "ARTICLE 10
                                GIFT BAN
 
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          Section 10-10.  Gift ban.  Except as  otherwise  provided
      in  this  Article,  no  member,  officer,  or  employee shall
      intentionally solicit or accept any gift from any  prohibited
      source or in violation of any federal or State statute, rule,
      or  regulation.   This ban applies to and includes the spouse
      of and immediate family living with the member,  officer,  or
      employee.   No prohibited source shall intentionally offer or
      make a gift that violates this Section.

          Section 10-15.  Gift ban; exceptions.  The restriction in
      Section 10-10 does not apply to the following:
          (1)  Opportunities,  benefits,  and  services  that   are
      available on the same conditions as for the general public.
          (2)  A  contribution  that  is  lawfully  made  under the
      Election  Code  or  under  this  Act  or  attendance   at   a
      fundraising event sponsored by a political organization.
          (3)  A  contribution or other payments to a legal defense
      fund established for the benefit of  a  member,  officer,  or
      employee that is otherwise lawfully made.
          (4)  Educational  materials  and missions, subject to (i)
      for the executive branch, the rules adopted by the  Executive
      Ethics Commission; (ii) for the legislative branch, the rules
      adopted by the ultimate jurisdictional authorities; (iii) for
      the  Office  of the Auditor General, the rules adopted by the
      Auditor General.
          (5)  Travel expenses  for  a  meeting  to  discuss  State
      business,  subject to (i) for the executive branch, the rules
      adopted by the Executive  Ethics  Commission;  (ii)  for  the
      legislative   branch,  the  rules  adopted  by  the  ultimate
      jurisdictional authorities;  (iii)  for  the  Office  of  the
      Auditor General, the rules adopted by the Auditor General.
          (6)  A gift from a relative, meaning those people related
      to  the individual as father, mother, son, daughter, brother,
      sister, uncle, aunt, great aunt, great uncle,  first  cousin,
 
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      nephew,   niece,  husband,  wife,  grandfather,  grandmother,
      grandson,   granddaughter,   father-in-law,    mother-in-law,
      son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
      stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
      stepsister,  half  brother,  half  sister,  and including the
      father,  mother,   grandfather,   or   grandmother   of   the
      individual's spouse and the individual's fiance or fiancee.
          (7)  Anything provided by an individual on the basis of a
      personal  friendship  unless the member, officer, or employee
      has reason to believe that, under the circumstances, the gift
      was provided because of the official position  or  employment
      of  the  member,  officer, or employee and not because of the
      personal friendship.
          In determining whether a gift is provided on the basis of
      personal friendship, the member, officer, or  employee  shall
      consider  the circumstances under which the gift was offered,
      such as:
               (i)  the history of  the  relationship  between  the
          individual giving the gift and the recipient of the gift,
          including  any  previous  exchange of gifts between those
          individuals;
               (ii)  whether to the actual knowledge of the member,
          officer, or employee the individual  who  gave  the  gift
          personally paid for the gift or sought a tax deduction or
          business reimbursement for the gift; and
               (iii)  whether   to  the  actual  knowledge  of  the
          member, officer, or employee the individual who gave  the
          gift also at the same time gave the same or similar gifts
          to other members, officers, or employees.
          (8)  Food or refreshments not exceeding $75 per person in
      value  on  a  single  calendar day; provided that the food or
      refreshments are (i) consumed on the premises from which they
      were purchased or prepared or (ii) catered.  For the purposes
      of this Section, "catered means food or refreshments that are
 
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      purchased ready to eat and delivered by any means.
          (9)  Intra-governmental or inter-governmental gifts.  For
      the purpose of this Act, "intra-governmental gift" means  any
      gift  given  to  a  member,  officer,  or employee of a State
      agency from another member, officer, or employee of the  same
      State  agency;  and  "inter-governmental gift" means any gift
      given to a member, officer, or employee of a State agency, by
      a member, officer, or employee of another State agency, of  a
      federal agency, or of any governmental agency.
          (10)  Pension and other benefits resulting from continued
      participation  in  an  employee  welfare  and  benefits  plan
      maintained by a former employer.
          (11)  Bequests,  inheritances,  and  other  transfers  at
      death.
          (12)  Unsolicited  offer  of free attendance at a charity
      event.  To be considered a charity event, the primary purpose
      of the  event  must  be  to  raise  funds  for  a  non-profit
      organization   exempt  from  federal  income  taxation  under
      501(c)(3) of the Internal Revenue Code.
          (13)  Any item or items from any  one  prohibited  source
      during  any  calendar year having a cumulative total value of
      less than $100.
          Each of the exceptions listed in this Section is mutually
      exclusive and independent of one another.

          Section  10-30.   Gift  ban;  disposition  of  gifts.   A
      member, officer, or employee does not violate this Act if the
      member, officer, or employee promptly takes reasonable action
      to return the prohibited gift to its source or gives the gift
      or an amount equal to its value  to  an  appropriate  charity
      that  is  exempt from income taxation under Section 501(c)(3)
      of the Internal Revenue Code of 1986,  as  now  or  hereafter
      amended, renumbered, or succeeded.
 
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          Section  10-40.  Gift ban; further restrictions.  A State
      agency  may  adopt  or  maintain  policies  that   are   more
      restrictive  than  those  set  forth  in this Article and may
      continue  to  follow  any  existing  policies,  statutes,  or
      regulations that are more restrictive or are in  addition  to
      those set forth in this Article."; and

      on  page  13,  line  5,  after "member,", by inserting "other
      State employee,"; and

      on page 13, line 25, after "demonstrated", by  inserting  "by
      clear and convincing evidence"; and

      on  page  14,  by  replacing  lines  7  through  9  with  the
      following:
               "(3)  interest on the back pay;
               (4)  the  reinstatement  of full fringe benefits and
          seniority rights; and
               (5)  the payment of reasonable costs and  attorneys'
          fees."; and

      on page 14, after line 14, by inserting the following:

          "Section  15-40.   Posting.   All  officers, members, and
      State agencies shall conspicuously display notices  of  State
      employee protections under this Act.

                               ARTICLE 20
                     EXECUTIVE ETHICS COMMISSION AND
                       EXECUTIVE INSPECTOR GENERAL

          Section 20-5.  Executive Ethics Commission.
          (a)  The Executive Ethics Commission is created.
          (b)  The  Executive  Ethics Commission shall consist of 7
      commissioners.  The executive branch constitutional  officers
      shall  appoint  the  Executive  Ethics  Commission  through a
 
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      nomination process.  The initial Executive Ethics  Commission
      shall  be  appointed  from  a pool of nominees created in the
      following manner: the Governor,  the  Attorney  General,  the
      Secretary  of State, the Comptroller, and the Treasurer shall
      each nominate 2 candidates from their own political party and
      2 from a  different  political  party,  for  a  total  of  20
      candidates.   The initial nominations shall be made within 60
      days after the effective date of this Act.  From  this  pool,
      the  Governor  shall  appoint  4 commissioners within 30 days
      after  receiving  nominations  from  the   executive   branch
      constitutional  officer.   From  the  same  pool, the highest
      ranking  executive  branch  constitutional   officer   of   a
      differing  political  party than the Governor shall appoint 3
      commissioners within 30 days after receiving nominations from
      the executive branch constitutional officers.   If  there  is
      not an executive branch constitutional officer of a differing
      party  than  the  Governor  at  the  time of appointment, the
      highest ranking Senate member of a differing party  than  the
      Governor   shall   appoint  the  3  commissioners.   These  7
      commissioners shall be confirmed by the advice and consent of
      the Senate.  No more than 4 commissioners shall be  from  the
      same political party.
          The  terms of the initial commissioners shall commence on
      July  1,  2003.   The  following   initial   appointees,   as
      designated  by  the  Governor,  shall  serve for 2-year terms
      running  through  June  30,  2005:  one  appointment  by  the
      Governor and one appointment by the highest ranking executive
      branch constitutional officer of a differing political  party
      than  the  Governor.   The  following  initial appointees, as
      designated by the Governor,  shall  serve  for  3-year  terms
      running  through  June  30,  2006:  one  appointment  by  the
      Governor and one appointment by the highest ranking executive
      branch  constitutional officer of a differing political party
      than the  Governor.  The  following  initial  appointees,  as
 
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      designated  by  the  Governor,  shall  serve for 4-year terms
      running  through  June  30,  2007:  one  appointment  by  the
      Governor,  and  one  appointment  by  the   highest   ranking
      executive   branch  constitutional  officer  of  a  differing
      political party than the  Governor.   The  following  initial
      appointee,  as  designated by the Governor, shall serve for a
      5-year term through June 30, 2008:  one  appointment  by  the
      Governor.
          After  the  initial  terms, commissioners shall serve for
      5-year terms commencing on July 1 of the year of  appointment
      and running through June 30 of the fifth following year.  For
      the appointment of commissioners after the initial terms, the
      commissioners  shall  be  appointed  from  a pool of nominees
      created in the  following  manner:  for  the  years  where  2
      commissioner positions are to be appointed, the Governor, the
      Attorney  General,  the  Secretary of State, the Comptroller,
      and the Treasurer shall each nominate 2 candidates from their
      own political party and 2 from a differing  political  party,
      for  a  total  pool  of 20 candidates.  The nominees shall be
      submitted by May 30 of the fifth year of  the  term  that  is
      ending.   From  this  pool,  the  Governor  shall appoint one
      commissioner  and  the  highest  ranking   executive   branch
      constitutional officer of a differing party shall appoint one
      commissioner  each  for  a  5-year  term.  If there is not an
      executive branch constitutional officer of a differing  party
      than   the   Governor   at   the  time  of  appointment,  the
      highest-ranking Senate member of a differing party  than  the
      Governor  shall make the appointment.  The appointments shall
      be made within 30 days after receiving the  nominations  from
      the executive branch constitutional officers.
          For  the  years  where one commissioner position is to be
      appointed, the Governor, the Attorney General, the  Secretary
      of  State,  the  Comptroller,  and  the  Treasurer shall each
      nominate one candidate from their own political party and one
 
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      from a differing political party,  for  a  total  pool  of  8
      candidates.  The nominees shall be submitted by May 30 of the
      fifth  year  of the term that is ending.  From this pool, the
      Governor shall select one commissioner  for  a  5-year  term.
      The  Governor shall make the appointment within 30 days after
      receiving  the  nominations   from   the   executive   branch
      constitutional officers.
          A vacancy occurring other than at the end of a term shall
      be filled by the Governor only for the balance of the term of
      the  commissioner whose office is vacant.  The Governor shall
      select the commissioner from the original  pool  of  nominees
      for  that  commissioner  office.  The Governor shall select a
      new commissioner within 30 days after the occurrence  of  the
      vacancy.
          All appointments to the Executive Ethics Commission shall
      be confirmed by the advice and consent of the Senate.  If the
      Senate  is  not  in  session  at the time an appointment of a
      commissioner is made,  the  appointment  shall  be  temporary
      until the Senate can act upon the appointment.  If the Senate
      does  not  act  upon  the  appointment within 60 session days
      after the receipt thereof,  then  the  appointment  shall  be
      deemed to have received the advice and consent of the Senate.
          Terms  shall  run  regardless  of whether the position is
      filled.
          (c)  Only  commissioners  who  have  experience   holding
      governmental  office  or  employment  and  who  are  from the
      general public shall be appointed.  A person is not  eligible
      to  serve  as  a  commissioner  if  that  person (i) has been
      convicted of a felony or  a  crime  of  dishonesty  or  moral
      turpitude,  (ii)  is,  or was within the preceding 12 months,
      engaged in activities that  require  registration  under  the
      Lobbyist  Registration  Act,  or  (iii) is a State officer or
      employee.
          (d)  The   Executive   Ethics   Commission   shall   have
 
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      jurisdiction  over  all  officers  and  employees  of   State
      agencies,  other  than  the General Assembly, the Senate, the
      House of Representatives, the President and  Minority  Leader
      of  the  Senate, the Speaker and Minority Leader of the House
      of Representatives, the  Senate  Operations  Commission,  the
      legislative  support services agencies, and the Office of the
      Auditor General.   The  jurisdiction  of  the  Commission  is
      limited to matters arising under this Act.
          (e)  The Executive Ethics Commission must meet, either in
      person or by other  technological means, at least monthly and
      as often as necessary.  At the first meeting of the Executive
      Ethics  Commission, the commissioners shall choose from their
      number  a  chairperson  and  other  officer  that  they  deem
      appropriate.  The terms of officers  shall  be  for  2  years
      commencing  July  1 and running through June 30 of the second
      following year.  Meetings shall be held at the  call  of  the
      chairperson  or  any 3 commissioners.  Official action by the
      Commission  shall  require  the   affirmative   vote   of   5
      commissioners, and a quorum shall consist of 5 commissioners.
      Commissioners  shall  receive  no  compensation,  but  may be
      reimbursed for their reasonable expenses actually incurred in
      the performance of their duties.
          (f)  No commissioner or employee of the Executive  Ethics
      Commission  may  during  his  or  her  term of appointment or
      employment:
               (1)  become a candidate for any elective office;
               (2)  hold any  other  elected  or  appointed  public
          office  except  for appointments on governmental advisory
          boards or study commissions  or  as  otherwise  expressly
          authorized by law;
               (3)  be  actively  involved  in  the  affairs of any
          political party or political organization; or
               (4)  actively participate in any  campaign  for  any
          elective office.
 
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          (g)  An  appointing  authority  may remove a commissioner
      only for cause.
          (h)  The Executive Ethics  Commission  shall  appoint  an
      Executive  Director.    The  compensation  of  the  Executive
      Director  shall  be as determined by the Commission or by the
      Compensation Review Board, whichever amount is higher.    The
      Executive  Director  of  the  Executive Ethics Commission may
      employ  and  determine  the   compensation   of   staff,   as
      appropriations permit.

          Section 20-10.  Office of Executive Inspector General.
          (a)  The  Office  of  the  Executive Inspector General is
      created.   The  Office  shall  be  under  the  direction  and
      supervision of the Executive Inspector General.
          (b)  The Executive Ethics Commission  shall  appoint  the
      Executive  Inspector  General  through  a nomination process.
      The Executive Ethics Commission shall nominate  5  candidates
      for  the  Executive  Inspector  General.  From this pool of 5
      candidates,  the  Governor  shall   appoint   the   Executive
      Inspector  General,  without  regard to political affiliation
      and  solely  on  the  basis  of  integrity  and  demonstrated
      ability.
          The Executive Inspector General shall have the  following
      qualifications:
               (1)  has  not been convicted of any felony under the
          laws of this State, another State, or the United States;
               (2)  has  earned  a  baccalaureate  degree  from  an
          institution of higher education; and
               (3)  has either (A) 5 or more years of service  with
          a  federal,  State,  or  local law enforcement agency, at
          least 2  years  of  which  have  been  in  a  progressive
          investigatory capacity; (B) 5 or more years of service as
          a  federal,  State, or local prosecutor; or (C) 5 or more
          years of service as a senior manager or  executive  of  a
 
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          federal, State, or local agency.
          The term of the initial Executive Inspector General shall
      commence on July 1, 2003 and shall run through June 30, 2008.
      The  Executive  Ethics  Commission shall submit the initial 5
      candidates  for  the  Executive  Inspector  General  to   the
      Governor  within 30 days after the appointment of the initial
      Executive Ethics Commission.  The Governor shall appoint  the
      Executive  Inspector  General  within 30 days after receiving
      the 5 candidates from the Executive Ethics  Commission.   The
      appointment  of  the  Executive  Inspector  General  shall be
      confirmed by the advice and consent of the Senate.
          After the initial term, the Executive  Inspector  General
      shall serve for 5-year terms commencing on July 1 of the year
      of  appointment  and  running  through  June  30 of the fifth
      following year.  The Executive Ethics Commission shall submit
      5 candidates for  the  Executive  Inspector  General  to  the
      Governor  by  May 30 of the fifth following year of the term.
      The Governor shall appoint the  Executive  Inspector  General
      within  30  days  after  receiving  the 5 candidates from the
      Executive  Ethics  Commission.   The   appointment   of   the
      Executive  Inspector General shall be confirmed by the advice
      and consent of the Senate.   The Executive Inspector  General
      may be reappointed to one or more subsequent terms.
          A vacancy occurring other than at the end of a term shall
      be filled by the Governor only for the balance of the term of
      the  Executive Inspector General whose office is vacant.  The
      Executive Ethics Commission shall submit 5 candidates for the
      vacancy of the Executive Inspector General  to  the  Governor
      within  30  days of the vacancy.  The Governor shall fill the
      vacancy within 30 days after receiving the 5 candidates  from
      the  Executive  Ethics  Commission.   The  appointment of the
      Executive Inspector General shall be confirmed by the  advice
      and consent of the Senate.
          If  the Senate is not in session at the time an Executive
 
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      Inspector  General  is  appointed  by   the   Governor,   the
      appointment  shall be temporary until the Senate can act upon
      the appointment.   If  the  Senate  does  not  act  upon  the
      appointment within 60 session days after the receipt thereof,
      then  the  appointment  shall  be deemed to have received the
      advice and consent of the Senate.
          Terms shall run regardless of  whether  the  position  is
      filled.
          (c)  The   Executive   Inspector   General   shall   have
      jurisdiction   over  all  officers  and  employees  of  State
      agencies, other than the General Assembly,  the  Senate,  the
      House  of  Representatives, the President and Minority Leader
      of the Senate, the Speaker and Minority Leader of  the  House
      of  Representatives,  the  Senate  Operations Commission, the
      legislative support services agencies, and the Office of  the
      Auditor General.  The jurisdiction of the Executive Inspector
      General  is to investigate possible fraud, abuse, misconduct,
      mismanagement  of  functions,  misfeasance,  malfeasance   or
      violations  of  this  Act  or  other  related  law, rules and
      regulations.
          (d)  The Executive Ethics Commission shall determine  the
      compensation  of  the    Executive  Inspector  General.   The
      Executive  Inspector  General  has full authority to organize
      the Office of the Executive Inspector General, including  the
      employment  and  determination  of the compensation of staff,
      such  as  deputies,  assistants,  and  other  employees,   as
      appropriations permit.
          (e)  Neither  the  Executive  Inspector  General  nor  an
      employee  of  the  Office  of the Executive Inspector General
      may, during his or her term of appointment or employment:
               (1)  become a candidate for any elective office;
               (2)  hold any  other  elected  or  appointed  public
          office  except  for appointments on governmental advisory
          boards or study commissions  or  as  otherwise  expressly
 
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          authorized by law;
               (3)  be  actively  involved  in  the  affairs of any
          political party or political organization; or
               (4)  actively participate in  any  campaign  for  an
          elective office.
          (f)  The  Executive  Ethics  Commission  may  remove  the
      Executive Inspector General only for cause.

          Section   20-15.    Duties   of   the   Executive  Ethics
      Commission.   In addition to  duties  otherwise  assigned  by
      law, the Executive Ethics Commission shall have the following
      duties:
          (1)  To promulgate rules governing the performance of its
      duties and the exercise of its powers.
          (2)  To  conduct  administrative  hearings  and  rule  on
      matters  brought  before the Commission only upon the receipt
      of pleadings filed by the Executive Inspector General and not
      upon  its  own  prerogative.   Any   other   allegations   of
      misconduct  received  by  the  Commission from a person other
      than an Executive Inspector General shall be referred to  the
      Office of the Executive Inspector General.
          (3)  To prepare and publish manuals and guides.
          (4)  To   prepare   public   information   materials   to
      facilitate  compliance,  implementation,  and  enforcement of
      this Act.
          (5)  To submit reports as required by this Act.
          (6)  To make rulings, issue recommendations,  and  impose
      administrative  fines, if appropriate, in connection with the
      implementation and interpretation of this  Act.   The  powers
      and  duties  of the Commission are limited to matters clearly
      within the purview of this Act.
          (7)  To issue subpoenas with respect to  matters  pending
      before  the  Commission,  subject  to  the provisions of this
      Article and in the discretion of the  Commission,  to  compel
 
                                  -16-     LRB093 10270 JAM 18900 v

      the attendance of witnesses for purposes of testimony and the
      production  of  documents  and other items for inspection and
      copying.

          Section  20-20.   Duties  of  the   Executive   Inspector
      General.   In  addition  to  the duties otherwise assigned by
      law, the Executive Inspector General shall have the following
      duties:
          (1)  To promulgate rules governing the performance of its
      duties and the exercise of its power.
          (2)  To receive and investigate allegations of violations
      of this Act.  The Executive  Inspector  General  may  receive
      information  through  the  Office  of the Executive Inspector
      General, through the Executive Ethics Commission, or  through
      the  Ethics  Hotline.  An investigation may be conducted only
      in  response  to  information  reported  to   the   Executive
      Inspector  General  as  provided in this Section and not upon
      his or her own prerogative.  The Executive Inspector  General
      shall  have the discretion to determine the appropriate means
      of investigation as permitted by law.
          (3)  To request information relating to an  investigation
      from  any  person  when the Executive Inspector General deems
      that information necessary in conducting an investigation.
          (4)  To appoint investigators to  conduct  investigations
      and  other  duties  imposed  under  the  provisions  of  this
      Article.   Such investigators shall have and may exercise all
      the powers of peace officers.
          (5)  To issue  subpoenas  to  compel  the  appearance  of
      witnesses  and  the  production of books, papers, records and
      documents including  electronic  data,  administer  oaths  or
      affirmations and take testimony.
          (6)  To submit reports as required by this Act.
          (7)  After  finding  probable cause, to file pleadings in
      the name of the Executive Inspector General,  represented  by
 
                                  -17-     LRB093 10270 JAM 18900 v

      the  Attorney  General, with the Executive Ethics Commission,
      as provided in this Article.
          (8)  To assist and coordinate  the  ethics  officers  for
      State  agencies  under  the  jurisdiction  of  the  Executive
      Inspector General and to work with those ethics officers.
          (9)  To  oversee  and set standards, in consultation with
      the Attorney General, for the ethics training programs within
      the State agencies of the Executive Branch.
          (10)  To participate in  or  conduct,  when  appropriate,
      multi-jurisdictional investigations.
          (11)  To  request,  as  the  Executive  Inspector General
      deems appropriate, from ethics  officers  of  State  agencies
      under  his or her jurisdiction, reports or information on (i)
      the content of a State agency's ethics training programs  and
      (ii)  the  percentage  of new officers and employees who have
      completed ethics training.

          Section 20-23.  Ethics Officers.  Each  officer  and  the
      head  of  each  State  agency  under  the jurisdiction of the
      Executive Ethics Commission shall designate an Ethics Officer
      for the office or State agency.  Ethics Officers shall:
          (1)  act as liaisons between the  State  agency  and  the
      Executive  Inspector General and between the State agency and
      the Executive Ethics Commission;
          (2)  review   statements   of   economic   interest   and
      disclosure forms of officers, senior employees, and  contract
      monitors  before  they are filed with the Secretary of State;
      and
          (3)  provide guidance to officers and  employees  in  the
      interpretation   and    implementation  of  this  Act.   Such
      guidance shall be based, wherever possible, upon the findings
      and opinions of the Executive Ethics Commission.

          Section 20-25.  Executive Ethics Hotline.  The  Executive
 
                                  -18-     LRB093 10270 JAM 18900 v

      Inspector  General  shall  create  and  maintain  a toll-free
      Ethics Hotline  for  the  purpose  of  receiving  reports  of
      allegations  relating  to conduct subject to the jurisdiction
      of the Executive Inspector General and the  Executive  Ethics
      Commission.

          Section  20-35.   Administrative subpoena; compliance.  A
      person duly subpoenaed for  testimony,  documents,  or  other
      items who neglects or refuses to testify or produce documents
      or  other  items under the requirements of the subpoena shall
      be subject to punishment as may be determined by a  court  of
      competent  jurisdiction, unless (i) the testimony, documents,
      or other items are covered by the  attorney-client  privilege
      or any other privilege or right recognized by law or (ii) the
      testimony,    documents,   or   other   items   concern   the
      representation of employees and the negotiation of collective
      bargaining agreements by a labor organization authorized  and
      recognized  under  the Illinois Public Labor Relations Act to
      be the exclusive bargaining representative  of  employees  of
      the  State agency.  Nothing in this Section limits a person's
      right to  protection  against  self-incrimination  under  the
      Fifth  Amendment of the United States Constitution or Article
      I, Section 10 of the Constitution of the State of Illinois.

          Section 20-40.  Collective  bargaining  agreements.   Any
      investigation  or  inquiry by the Executive Inspector General
      or any agent or representative  of  the  Executive  Inspector
      General  must  be conducted in compliance with the provisions
      of a collective bargaining  agreement  that  applies  to  the
      employees  of the relevant State agency and with an awareness
      of the rights of the employees as  set  forth  by  State  and
      federal   law   and   applicable   judicial  decisions.   Any
      recommendation for discipline or any action taken against any
      State employee pursuant to this  Act  must  comply  with  the
 
                                  -19-     LRB093 10270 JAM 18900 v

      provision of the collective bargaining agreement that applies
      to the State employee.

          Section 20-45.  Standing; representation.
          (a)  Only  the  Executive  Inspector  General  may  bring
      actions before the Executive Ethics Commission.
          (b)  The  Attorney  General shall represent the Executive
      Inspector General in all proceedings before  the  Commission,
      except  that  the  Attorney  General  shall  appoint  special
      counsel  to  represent the Executive Inspector General before
      the Commission if the Attorney General deems it necessary  to
      avoid   any  actual,  potential,  or  perceived  conflict  of
      interest.
          (c)  Any State employee or officer named as a  respondent
      in  a  complaint  is  entitled to reimbursement of his or her
      reasonable attorney's fees and expenses in defending  against
      the  complaint  if  that  respondent  is  not  found  by  the
      Commission to have violated this Act.

          Section    20-50.    Investigation   reports;   complaint
      procedure.
          (a)  If  the  Executive  Inspector  General,   upon   the
      conclusion  of  an  investigation,  determines  that probable
      cause exists to file  pleadings  with  the  Executive  Ethics
      Commission,  then the Executive Inspector General shall issue
      a summary report of the investigation.  The report  shall  be
      delivered   to   the   appropriate   ultimate  jurisdictional
      authority and to the head of each State agency affected by or
      involved in the investigation, if appropriate.
          (b)  The  summary  report  of  the  investigation   shall
      include the following:
               (1)  A  description  of  any  allegations  or  other
          information  received  by the Executive Inspector General
          pertinent to the investigation.
 
                                  -20-     LRB093 10270 JAM 18900 v

               (2)  A  description  of   any   alleged   misconduct
          discovered in the course of the investigation.
               (3)  Recommendations    for    any   corrective   or
          disciplinary action  to  be  taken  in  response  to  any
          alleged misconduct described in the report, including but
          not limited to discharge.
               (4)  Other   information   the  Executive  Inspector
          General deems relevant to the investigation or  resulting
          recommendations.
          (c)  Not  less than 30 days after delivery of the summary
      report  of  an  investigation  under  subsection   (a),   the
      Executive  Inspector  General,  represented  by  the Attorney
      General, may file with  the  Executive  Ethics  Commission  a
      petition  for  leave to file a complaint.  The petition shall
      set forth the alleged violation and the grounds that exist to
      support probable cause.  The petition  of  leave  to  file  a
      complaint  must be filed with the Commission within 18 months
      after an alleged violation of this Act.
          (d)  A copy  of  the  petition  must  be  served  on  all
      respondents  named  in the complaint and on each respondent's
      ultimate jurisdictional  authority  in  the  same  manner  as
      process is served under the Code of Civil Procedure.
          (e)  A respondent may file objections to the petition for
      leave  to file a complaint within 30 days after notice of the
      petition has been served on the respondent.
          (f)  The Commission shall meet, either in  person  or  by
      telephone,  in  a closed session to review the sufficiency of
      the complaint.  If the commission  finds  that  complaint  is
      sufficient, the Commission shall grant the petition for leave
      to  file the complaint.  The Commission shall issue notice to
      the Executive Inspector General and all  respondents  of  the
      Commission's  ruling on the sufficiency of the complaint.  If
      the complaint is deemed to sufficiently allege a violation of
      this Act, then the Commission shall notify  the  parties  and
 
                                  -21-     LRB093 10270 JAM 18900 v

      shall  include  a hearing date scheduled within 4 weeks after
      the date of the notice, unless all of the parties consent  to
      a later date.  If the complaint is deemed not to sufficiently
      allege  a  violation,  then  the  Commission  shall  send  by
      certified  mail,  return  receipt  requested, a notice to the
      parties of the decision to dismiss the complaint.
          (g)  On the scheduled date the Commission shall conduct a
      hearing either in person or, if the parties consent, by other
      technological means, on the complaint and allow  all  parties
      the  opportunity to present testimony and evidence.  All such
      proceedings shall be transcribed.
          (h)  Within an appropriate time limit set by rules of the
      Executive Ethics Commission, the Commission shall (i) dismiss
      the complaint or (ii) issue a recommendation of discipline to
      the respondent and the respondent's  ultimate  jurisdictional
      authority   or   impose   an  administrative  fine  upon  the
      respondent, or both.
          (i)  The proceedings on  any  complaint  filed  with  the
      Commission  shall  be conducted pursuant to rules promulgated
      by the Commission.
          (j)  The Commission may  designate  hearing  officers  to
      conduct proceedings as determined by rule of the Commission.
          (k)  In   all  proceedings  before  the  Commission,  the
      standard of proof is by a preponderance of the evidence.

          Section 20-55.  Decisions; recommendations.
          (a)  All decisions of  the  Executive  Ethics  Commission
      must  include  a  description  of the alleged misconduct, the
      decision of the Commission, including any  fines  levied  and
      any  recommendation of discipline, and the reasoning for that
      decision.  All decisions of the Commission shall be delivered
      to the head of the appropriate State agency, the  appropriate
      ultimate   jurisdictional   authority,   and   the  Executive
      Inspector General.  The  Executive  Ethics  Commission  shall
 
                                  -22-     LRB093 10270 JAM 18900 v

      promulgate rules of the decision and recommendation process.
          (b)  If   the   Executive   Ethics  Commission  issues  a
      recommendation of discipline to an agency  head  or  ultimate
      jurisdictional   authority,  that  agency  head  or  ultimate
      jurisdictional authority must respond to that  recommendation
      in  30  days  with a written response to the Executive Ethics
      Commission.  This  response  must  include  any  disciplinary
      action  the  agency head or ultimate jurisdictional authority
      has  taken  with  respect  to  the  officer  or  employee  in
      question.  If the  agency  head  or  ultimate  jurisdictional
      authority  did  not  take  any disciplinary action, or took a
      different disciplinary action than that  recommended  by  the
      Executive  Ethics  Commission,  the  agency  head or ultimate
      jurisdictional authority must describe the  different  action
      and  explain  the  reasons  for  the  different action in the
      written response.  This response  must  be  served  upon  the
      Executive  Ethics  Commission  and  the  Executive  Inspector
      General  within  the 30-day period and is not exempt from the
      provisions of the Freedom of Information Act.

          Section 20-60.  Appeals.  A  decision  of  the  Executive
      Ethics  Commission  to  impose  a fine is subject to judicial
      review  under  the  Administrative  Review  Law.   All  other
      decisions by the Executive Ethics Commission  are  final  and
      are   not   subject  to  review  either  administratively  or
      judicially.

          Section 20-65.  Investigations  not  concluded  within  6
      months.   If  any  investigation  is  not  concluded within 6
      months after its initiation, the Executive Inspector  General
      shall  notify  the Executive Ethics Commission of the general
      nature of the allegation or information giving  rise  to  the
      investigation  and  the  reasons  for failure to complete the
      investigation within 6 months.
 
                                  -23-     LRB093 10270 JAM 18900 v

          Section 20-70.  Cooperation in investigations.  It is the
      duty of every officer and employee under the jurisdiction  of
      the  Executive  Inspector  General,  including  any inspector
      general serving in any State agency under the jurisdiction of
      the  Executive  Inspector  General,  to  cooperate  with  the
      Executive Inspector General in any  investigation  undertaken
      pursuant   to   this  Act.   Failure  to  cooperate  with  an
      investigation of the Executive Inspector General  is  grounds
      for  disciplinary  action,  including  dismissal,  unless the
      failure is based on (i) the attorney-client privilege or  any
      other  privilege  or  right  recognized  by  law  or  (ii)  a
      collective  bargaining  agreement  with  a labor organization
      authorized and recognized under  the  Illinois  Public  Labor
      Relations  Act  to be the exclusive bargaining representative
      of affected employees.
          Nothing in  this  Section  limits  a  person's  right  to
      protection   against   self-incrimination   under  the  Fifth
      Amendment of the United  State  Constitution  or  Article  I,
      Section 10 of the Constitution of Illinois.

          Section  20-80.   Referrals  of  investigations.   If the
      Executive  Inspector  General  determines  that  any  alleged
      misconduct  involves  any   person   not   subject   to   the
      jurisdiction   of   the   Executive  Ethics  Commission,  the
      Executive  Inspector  General  shall   refer   the   reported
      allegations to the appropriate Inspector General, appropriate
      ethics   commission,  or  other  appropriate  body.   If  the
      Executive  Inspector  General  determined  that  any  alleged
      misconduct may give rise to criminal penalties, the Executive
      Inspector General shall refer the allegations regarding  that
      misconduct to the appropriate law enforcement authority.

          Section  20-85.  Annual reports.  The Executive Inspector
      General shall submit an annual report to the executive branch
 
                                  -24-     LRB093 10270 JAM 18900 v

      constitutional officers and the Executive Ethics  Commission,
      on  a  date  determined  by  the Executive Ethics Commission,
      indicating:
               (1)  the number of allegations  received  since  the
          date of the last report;
               (2)  the  number  of  investigations initiated since
          the date of the last report;
               (3)  the number of  investigations  concluded  since
          the date of the last report;
               (4)  the  number of investigations pending as of the
          reporting date; and
               (5)  the number of  actions  filed  since  the  last
          report  and  the  number  of  actions  pending before the
          Commission as of the reporting date.

          Section 20-90.  Confidentiality.
          (a)  The identity of any individual providing information
      or reporting  any  possible  or  alleged  misconduct  to  the
      Executive Inspector General, the Executive Ethics Commission,
      or  the  Executive Ethics Hotline shall be kept confidential,
      is exempt from the Illinois Freedom of Information  Act,  and
      may  not be disclosed without the consent of that individual,
      unless the individual consents to disclosure of  his  or  her
      name  or disclosure of the individual's identity is otherwise
      required  by  law.   The  confidentiality  granted  by   this
      subsection  does  not preclude the disclosure of the identity
      of a person in any capacity other than as the  source  of  an
      allegation.
          (b)  Commissioners,   employees,   and   agents   of  the
      Executive Ethics Commission, the Executive Inspector General,
      and employees and agents  of  the  Office  of  the  Executive
      Inspector  General  shall  keep  confidential  and  shall not
      disclose  information  exempted  from  disclosure  under  the
      Illinois Freedom of Information Act or by this Act.
 
                                  -25-     LRB093 10270 JAM 18900 v

          (c)  A violation of subsection (a) or (b) of this Section
      is grounds for discharge.

          Section 20-95.  Exemptions.
          (a)  Any allegations and related documents  submitted  to
      the Executive Inspector General and any pleadings and related
      documents  brought before the Executive Ethics Commission are
      exempt  from  the  provisions  of  the  Illinois  Freedom  of
      Information Act so long as the  Executive  Ethics  Commission
      does  not  make a finding of a violation of this Act.  If the
      Executive  Ethics  Commission  finds  that  a  violation  has
      occurred,  the  entire  record  of  proceedings  before   the
      Commission,   the   decision   and  recommendation,  and  the
      mandatory  report  from   the   agency   head   or   ultimate
      jurisdictional  authority  to the Executive Ethics Commission
      are not exempt from the provisions of the Illinois Freedom of
      Information Act but information  contained  therein  that  is
      otherwise exempt from the Illinois Freedom of Information Act
      must  be  redacted before disclosure as provided in Section 8
      of the Illinois Freedom of Information Act.
          (b)  Meetings of the Executive  Ethics  Commission  under
      Sections  20-5  and  20-15  of  this  Act are exempt from the
      provisions of the Open Meetings Act.
          (c)  Unless  otherwise  provided   in   this   Act,   all
      investigatory   files  and  reports  of  the  Office  of  the
      Executive Inspector General, other than annual  reports,  are
      confidential,  are  exempt from disclosure under the Illinois
      Freedom of Information Act, and shall not be divulged to  any
      person  or agency, except as necessary (i) to the appropriate
      law enforcement authority if the matter is referred  pursuant
      to  this  Act, (ii) to the ultimate jurisdictional authority,
      or (iii) to the Executive Ethics Commission.

                               ARTICLE 30
 
                                  -26-     LRB093 10270 JAM 18900 v

          OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH

          Section  30-5.   Appointment   of   Inspectors   General.
      Nothing   in  this  Act  precludes  the  appointment  by  the
      Governor, the Lieutenant Governor, the Attorney General,  the
      Secretary  of State, the Comptroller, or the Treasurer of any
      inspector  general  required  or  permitted  by   law.   Each
      inspector   general   appointed   by   an   executive  branch
      constitutional officer for that constitutional  office  shall
      report   to  that  constitutional  officer  as  well  as  the
      Executive Inspector General.

          Section 30-10.  Subpoena power.  Each  inspector  general
      appointed  by  an executive branch constitutional officer for
      that constitutional office shall  have  the  power  to  issue
      subpoenas  to  compel  the  appearance  of  witnesses and the
      production of books, papers, records, and documents including
      electronic data, administer oaths or  affirmations  and  take
      testimony."; and

      on page 14, by replacing line 24 with the following:
          "(c)  A  person  who intentionally violates any provision
      of Article 10 is guilty of a business offense and subject  to
      a fine of at least $1,001 and up to $5,000.
          (d)  Any  person  who  intentionally makes a false report
      alleging a violation of any  provision  of  this  Act  to  an
      ethics   commission,  the  Executive  Inspector  General,  an
      inspector general, the State Police, a State's Attorney,  the
      Attorney  General,  or  any other law enforcement official is
      guilty of a Class A misdemeanor.
          (e)  The  Executive  Ethics  Commission   may   levy   an
      administrative  fine  of  up to $5,000 against any person who
      violates this Act, who intentionally obstructs or  interferes
      with  an  investigation  conducted  under  this  Act  by  the
      Executive  Inspector  General or an inspector general, or who
 
                                  -27-     LRB093 10270 JAM 18900 v

      intentionally makes a false  or  frivolous  allegation  of  a
      violation of this Act.
          (f)  In  addition  to any other penalty that may apply,";
      and

      on page 14 , line 27, after "5-40 or", by inserting  "Article
      10 or"; and

      on page 15, by replacing lines 6 and 7 with the following:
      "than   Section   5-15  and  Article  10 of this Act, (i) the
      political  activities  of  officers  and  employees  of   the
      governmental  entity and (ii) the soliciting and accepting of
      gifts by and the offering and making of gifts to officers and
      employees of the governmental entity."; and

      on page 15, line 23, after "employees", by inserting "and the
      soliciting, offering, accepting, and making of gifts"; and

      on  page 15, after line 26, by inserting the following:

          "Section 90-1.  The  Open  Meetings  Act  is  amended  by
      changing Section 1.02 as follows:

          (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
          Sec. 1.02.  For the purposes of this Act:
          "Meeting"  means  any gathering of a majority of a quorum
      of the members of a public  body  held  for  the  purpose  of
      discussing public business.
          "Public   body"   includes  all  legislative,  executive,
      administrative or advisory bodies  of  the  State,  counties,
      townships,   cities,  villages,  incorporated  towns,  school
      districts  and  all  other  municipal  corporations,  boards,
      bureaus, committees or commissions of  this  State,  and  any
      subsidiary  bodies  of any of the foregoing including but not
      limited to committees and subcommittees which  are  supported
      in  whole  or  in  part  by  tax revenue, or which expend tax
 
                                  -28-     LRB093 10270 JAM 18900 v

      revenue,  except  the  General  Assembly  and  committees  or
      commissions thereof. "Public body"  includes  tourism  boards
      and  convention  or  civic  center boards located in counties
      that are contiguous to the Mississippi River with populations
      of more than 250,000 but less than  300,000.   "Public  body"
      includes the Health Facilities Planning Board.  "Public body"
      does  not  include  a child death review team or the Illinois
      Child Death Review Teams Executive Council established  under
      the  Child  Death  Review  Team  Act or an ethics commission,
      ethics officer, or ultimate jurisdictional  authority  acting
      under the State Officials and Employees Ethics Act State Gift
      Ban Act as provided by Section 80 of that Act.
      (Source:  P.A.  91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)";
      and

      on page 16, by replacing line 9 with the following:

      "administrative law  judge,  other  agency  employee,  or  an
      employee of the Joint Committee during the"; and

      on page 16, by replacing line 27 with the following:

      "head,  agency  employee,  administrative  law  judge,  or an
      employee of the Joint Committee shall be"; and

      on page 16, after line 34, by inserting the following:

          "Section 90-5.  The Illinois Public Labor  Relations  Act
      is amended by changing Section 3 as follows:

          (5 ILCS 315/3) (from Ch. 48, par. 1603)
          Sec.  3.  Definitions.   As  used in this Act, unless the
      context otherwise requires:
          (a)  "Board" means the Illinois Labor Relations Board or,
      with respect to a matter over which the jurisdiction  of  the
      Board is assigned to the State Panel or the Local Panel under
      Section 5, the panel having jurisdiction over the matter.
 
                                  -29-     LRB093 10270 JAM 18900 v

          (b)  "Collective  bargaining" means bargaining over terms
      and conditions of employment,  including  hours,  wages,  and
      other  conditions of employment, as detailed in Section 7 and
      which are not excluded by Section 4.
          (c)  "Confidential employee" means an  employee  who,  in
      the  regular course of his or her duties, assists and acts in
      a confidential capacity to persons who formulate,  determine,
      and  effectuate  management  policies  with  regard  to labor
      relations or who, in the regular course of his or her duties,
      has  authorized  access  to  information  relating   to   the
      effectuation   or   review   of   the  employer's  collective
      bargaining policies.
          (d)  "Craft employees" means skilled  journeymen,  crafts
      persons, and their apprentices and helpers.
          (e)  "Essential  services  employees"  means those public
      employees  performing  functions  so   essential   that   the
      interruption or termination of the function will constitute a
      clear  and  present  danger  to  the health and safety of the
      persons in the affected community.
          (f)  "Exclusive representative", except with  respect  to
      non-State  fire  fighters  and  paramedics  employed  by fire
      departments and fire protection  districts,  non-State  peace
      officers,  and  peace  officers  in  the  Department of State
      Police, means  the  labor  organization  that  has  been  (i)
      designated  by  the Board as the representative of a majority
      of public employees in  an  appropriate  bargaining  unit  in
      accordance  with  the  procedures contained in this Act, (ii)
      historically recognized by  the  State  of  Illinois  or  any
      political  subdivision  of the State before July 1, 1984 (the
      effective date of this Act) as the  exclusive  representative
      of  the  employees  in  an appropriate bargaining unit, (iii)
      after  July  1,  1984  (the  effective  date  of  this   Act)
      recognized  by  an  employer upon evidence, acceptable to the
      Board, that the labor organization has been designated as the
 
                                  -30-     LRB093 10270 JAM 18900 v

      exclusive representative by a majority of the employees in an
      appropriate  bargaining  unit;  or  (iv)  recognized  as  the
      exclusive  representative  of  personal  care  attendants  or
      personal assistants under Executive Order 2003-8 prior to the
      effective date of this amendatory Act  of  the  93rd  General
      Assembly,  and the organization shall be considered to be the
      exclusive representative of the personal care  attendants  or
      personal assistants as defined in this Section.
          With  respect  to  non-State fire fighters and paramedics
      employed by fire departments and fire  protection  districts,
      non-State   peace   officers,   and  peace  officers  in  the
      Department of State Police, "exclusive representative"  means
      the  labor  organization  that has been (i) designated by the
      Board as the representative of a majority of  peace  officers
      or  fire  fighters  in  an  appropriate  bargaining  unit  in
      accordance  with  the  procedures contained in this Act, (ii)
      historically recognized by  the  State  of  Illinois  or  any
      political  subdivision  of  the  State before January 1, 1986
      (the effective date of this amendatory Act of  1985)  as  the
      exclusive  representative by a majority of the peace officers
      or fire fighters in an appropriate bargaining unit, or  (iii)
      after  January 1, 1986 (the effective date of this amendatory
      Act  of  1985)  recognized  by  an  employer  upon  evidence,
      acceptable to the Board, that the labor organization has been
      designated as the exclusive representative by a  majority  of
      the  peace  officers  or  fire  fighters  in  an  appropriate
      bargaining unit.
          (g)  "Fair  share  agreement"  means an agreement between
      the employer and an employee organization under which all  or
      any  of  the  employees  in  a collective bargaining unit are
      required to pay their proportionate share of the costs of the
      collective bargaining process, contract  administration,  and
      pursuing matters affecting wages, hours, and other conditions
      of employment, but not to exceed the amount of dues uniformly
 
                                  -31-     LRB093 10270 JAM 18900 v

      required  of  members.  The amount certified by the exclusive
      representative shall not include any fees  for  contributions
      related  to  the  election  or  support  of any candidate for
      political  office.  Nothing  in  this  subsection  (g)  shall
      preclude  an  employee  from   making   voluntary   political
      contributions  in  conjunction  with  his  or  her fair share
      payment.
          (g-1)  "Fire fighter" means, for the purposes of this Act
      only, any person who has been or is hereafter appointed to  a
      fire  department or fire protection district or employed by a
      state university and sworn or commissioned  to  perform  fire
      fighter duties or paramedic duties, except that the following
      persons are not included: part-time fire fighters, auxiliary,
      reserve  or  voluntary  fire fighters, including paid on-call
      fire fighters,  clerks  and  dispatchers  or  other  civilian
      employees  of  a  fire department or fire protection district
      who are  not  routinely  expected  to  perform  fire  fighter
      duties, or elected officials.
          (g-2)  "General  Assembly of the State of Illinois" means
      the legislative branch of the  government  of  the  State  of
      Illinois,   as   provided   for   under  Article  IV  of  the
      Constitution of the State of Illinois, and  includes  but  is
      not  limited to the House of Representatives, the Senate, the
      Speaker of the House of Representatives, the Minority  Leader
      of the House of Representatives, the President of the Senate,
      the  Minority  Leader  of  the Senate, the Joint Committee on
      Legislative Support  Services  and  any  legislative  support
      services   agency   listed   in  the  Legislative  Commission
      Reorganization Act of 1984.
          (h)  "Governing body" means, in the case  of  the  State,
      the  State  Panel  of the Illinois Labor Relations Board, the
      Director of the Department of  Central  Management  Services,
      and the Director of the Department of Labor; the county board
      in  the  case  of  a county; the corporate authorities in the
 
                                  -32-     LRB093 10270 JAM 18900 v

      case of a municipality; and the appropriate  body  authorized
      to  provide  for expenditures of its funds in the case of any
      other unit of government.
          (i)  "Labor organization" means any organization in which
      public employees participate and that exists for the purpose,
      in whole or in  part,  of  dealing  with  a  public  employer
      concerning  wages,  hours,  and other terms and conditions of
      employment, including the settlement of grievances.
          (j)  "Managerial employee" means  an  individual  who  is
      engaged  predominantly  in executive and management functions
      and is charged  with  the  responsibility  of  directing  the
      effectuation of management policies and practices.
          (k)  "Peace  officer" means, for the purposes of this Act
      only, any persons who have been or are hereafter appointed to
      a  police  force,  department,  or  agency   and   sworn   or
      commissioned  to  perform  police  duties,  except  that  the
      following   persons   are   not  included:  part-time  police
      officers,  special  police  officers,  auxiliary  police   as
      defined  by Section 3.1-30-20 of the Illinois Municipal Code,
      night watchmen, "merchant police", court security officers as
      defined by Section 3-6012.1 of the Counties  Code,  temporary
      employees,  traffic guards or wardens, civilian parking meter
      and  parking  facilities  personnel  or   other   individuals
      specially  appointed  to  aid  or  direct  traffic at or near
      schools or public functions or to aid  in  civil  defense  or
      disaster,   parking   enforcement   employees   who  are  not
      commissioned as peace officers and who are not armed and  who
      are  not  routinely  expected  to effect arrests, parking lot
      attendants,  clerks  and  dispatchers   or   other   civilian
      employees  of  a  police  department  who  are  not routinely
      expected to effect arrests, or elected officials.
          (l)  "Person" includes one  or  more  individuals,  labor
      organizations,  public employees, associations, corporations,
      legal  representatives,  trustees,  trustees  in  bankruptcy,
 
                                  -33-     LRB093 10270 JAM 18900 v

      receivers,  or  the  State  of  Illinois  or  any   political
      subdivision  of  the  State  or  governing body, but does not
      include the General Assembly of the State of Illinois or  any
      individual  employed  by the General Assembly of the State of
      Illinois.
          (m)  "Professional employee" means any  employee  engaged
      in  work  predominantly  intellectual and varied in character
      rather than routine mental, manual,  mechanical  or  physical
      work;  involving  the  consistent  exercise of discretion and
      adjustment in its performance; of such a character  that  the
      output   produced   or  the  result  accomplished  cannot  be
      standardized in relation to  a  given  period  of  time;  and
      requiring  advanced  knowledge  in  a  field  of  science  or
      learning  customarily  acquired  by  a  prolonged  course  of
      specialized   intellectual   instruction   and  study  in  an
      institution  of   higher   learning   or   a   hospital,   as
      distinguished  from  a  general  academic  education  or from
      apprenticeship or from training in the performance of routine
      mental, manual, or physical processes; or  any  employee  who
      has   completed   the  courses  of  specialized  intellectual
      instruction and study prescribed in this subsection  (m)  and
      is  performing  related  work  under  the  supervision  of  a
      professional  person  to  qualify  to  become  a professional
      employee as defined in this subsection (m).
          (n)  "Public employee" or "employee", for the purposes of
      this Act, means any individual employed by a public employer,
      including interns and residents at public hospitals  and,  as
      of  the  effective  date  of  this amendatory Act of the 93rd
      General Assembly, but not before,  personal  care  attendants
      and  personal  assistants  working  under  the  Home Services
      Program   under   Section   3   of   the   Disabled   Persons
      Rehabilitation Act, subject to the limitations set  forth  in
      this  Act and in the Disabled Persons Rehabilitation Act, but
      excluding all of the  following:  employees  of  the  General
 
                                  -34-     LRB093 10270 JAM 18900 v

      Assembly   of  the  State  of  Illinois;  elected  officials;
      executive  heads  of  a  department;  members  of  boards  or
      commissions; the Executive Inspector  General;  employees  of
      the  Office of the Executive Inspector General; commissioners
      and employees of the Executive Ethics  Commission;  employees
      of  any  agency,  board  or  commission  created by this Act;
      employees appointed to State  positions  of  a  temporary  or
      emergency  nature;  all  employees  of  school  districts and
      higher education institutions except firefighters  and  peace
      officers   employed   by   a   state  university;  managerial
      employees;  short-term  employees;  confidential   employees;
      independent  contractors;  and supervisors except as provided
      in this Act.
          Personal care attendants and  personal  assistants  shall
      not  be  considered  public  employees  for  any purposes not
      specifically provided for in this amendatory Act of the  93rd
      General  Assembly,  including but not limited to, purposes of
      vicarious  liability  in  tort  and  purposes  of   statutory
      retirement   or  health  insurance  benefits.  Personal  care
      attendants and personal assistants shall not  be  covered  by
      the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
      375/).
          Notwithstanding Section 9, subsection (c), or  any  other
      provisions  of this Act, all peace officers above the rank of
      captain  in   municipalities   with   more   than   1,000,000
      inhabitants shall be excluded from this Act.
          (o)  "Public  employer"  or "employer" means the State of
      Illinois; any political subdivision of  the  State,  unit  of
      local  government  or  school district; authorities including
      departments,  divisions,  bureaus,  boards,  commissions,  or
      other agencies of the  foregoing  entities;  and  any  person
      acting  within  the scope of his or her authority, express or
      implied, on behalf of those  entities  in  dealing  with  its
      employees. As of the effective date of this amendatory Act of
 
                                  -35-     LRB093 10270 JAM 18900 v

      the  93rd  General  Assembly,  but  not  before, the State of
      Illinois shall be considered the  employer  of  the  personal
      care  attendants  and  personal  assistants working under the
      Home Services Program under Section 3 of the Disabled Persons
      Rehabilitation Act, subject to the limitations set  forth  in
      this  Act and in the Disabled Persons Rehabilitation Act. The
      State shall not be considered to be the employer of  personal
      care  attendants and personal assistants for any purposes not
      specifically provided for in this amendatory Act of the  93rd
      General  Assembly,  including but not limited to, purposes of
      vicarious  liability  in  tort  and  purposes  of   statutory
      retirement   or  health  insurance  benefits.  Personal  care
      attendants and personal assistants shall not  be  covered  by
      the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
      375/). "Public employer" or "employer" as used in  this  Act,
      however,  does  not  mean  and  shall not include the General
      Assembly of the  State  of  Illinois,  the  Executive  Ethics
      Commission,  the  Office  of the Executive Inspector General,
      and educational employers or  employers  as  defined  in  the
      Illinois Educational Labor Relations Act, except with respect
      to  a  state university in its employment of firefighters and
      peace officers.  County boards and county sheriffs  shall  be
      designated  as joint or co-employers of county peace officers
      appointed under the authority of a county  sheriff.   Nothing
      in  this  subsection  (o)  shall  be construed to prevent the
      State  Panel  or  the  Local  Panel  from  determining   that
      employers are joint or co-employers.
          (p)  "Security   employee"   means  an  employee  who  is
      responsible for the supervision and  control  of  inmates  at
      correctional   facilities.   The  term  also  includes  other
      non-security  employees  in  bargaining  units   having   the
      majority  of  employees being responsible for the supervision
      and control of inmates at correctional facilities.
          (q)  "Short-term  employee"  means  an  employee  who  is
 
                                  -36-     LRB093 10270 JAM 18900 v

      employed for less than 2 consecutive calendar quarters during
      a calendar year and who does not have a reasonable  assurance
      that  he  or she will be rehired by the same employer for the
      same service in a subsequent calendar year.
          (r)  "Supervisor" is an employee whose principal work  is
      substantially  different from that of his or her subordinates
      and who has authority, in the interest of  the  employer,  to
      hire, transfer, suspend, lay off, recall, promote, discharge,
      direct,  reward,  or  discipline  employees,  to adjust their
      grievances, or to effectively recommend any of those actions,
      if the exercise of that authority is not of a merely  routine
      or  clerical  nature,  but  requires  the  consistent  use of
      independent  judgment.  Except   with   respect   to   police
      employment,   the   term  "supervisor"  includes  only  those
      individuals who devote a preponderance  of  their  employment
      time   to   exercising   that  authority,  State  supervisors
      notwithstanding.  In  addition,  in  determining  supervisory
      status in police employment, rank shall not be determinative.
      The  Board  shall  consider,  as  evidence of bargaining unit
      inclusion or exclusion, the common law  enforcement  policies
      and   relationships   between   police   officer   ranks  and
      certification under applicable civil service law, ordinances,
      personnel codes,  or  Division  2.1  of  Article  10  of  the
      Illinois  Municipal  Code, but these factors shall not be the
      sole or  predominant  factors  considered  by  the  Board  in
      determining police supervisory status.
          Notwithstanding   the   provisions   of   the   preceding
      paragraph,  in determining supervisory status in fire fighter
      employment, no fire fighter shall be excluded as a supervisor
      who has established representation rights under Section 9  of
      this  Act.   Further,  in  new  fire fighter units, employees
      shall consist of fire fighters of the rank of company officer
      and below. If a company  officer  otherwise  qualifies  as  a
      supervisor  under the preceding paragraph, however, he or she
 
                                  -37-     LRB093 10270 JAM 18900 v

      shall not be included in the fire fighter unit.  If there  is
      no  rank  between  that  of  chief  and  the  highest company
      officer, the employer may designate a position on each  shift
      as  a  Shift  Commander,  and  the  persons  occupying  those
      positions  shall  be supervisors.  All other ranks above that
      of company officer shall be supervisors.
          (s) (1)  "Unit" means a class of jobs or  positions  that
          are  held  by  employees  whose  collective interests may
          suitably be  represented  by  a  labor  organization  for
          collective  bargaining.  Except with respect to non-State
          fire fighters and paramedics employed by fire departments
          and fire protection districts, non-State peace  officers,
          and  peace  officers in the Department of State Police, a
          bargaining unit determined by the Board shall not include
          both employees  and  supervisors,  or  supervisors  only,
          except  as  provided  in paragraph (2) of this subsection
          (s) and except for bargaining units in existence on  July
          1,  1984  (the effective date of this Act).  With respect
          to non-State fire fighters  and  paramedics  employed  by
          fire departments and fire protection districts, non-State
          peace  officers,  and peace officers in the Department of
          State Police, a bargaining unit determined by  the  Board
          shall not include both supervisors and nonsupervisors, or
          supervisors  only, except as provided in paragraph (2) of
          this subsection (s) and except for  bargaining  units  in
          existence  on January 1, 1986 (the effective date of this
          amendatory Act of 1985).  A bargaining unit determined by
          the Board to contain  peace  officers  shall  contain  no
          employees  other  than  peace  officers  unless otherwise
          agreed to by the employer and the labor  organization  or
          labor  organizations involved.  Notwithstanding any other
          provision of this Act, a  bargaining  unit,  including  a
          historical   bargaining   unit,  containing  sworn  peace
          officers of the Department of Natural Resources (formerly
 
                                  -38-     LRB093 10270 JAM 18900 v

          designated the Department of Conservation) shall  contain
          no  employees  other  than such sworn peace officers upon
          the effective date of this amendatory Act of 1990 or upon
          the  expiration  date  of   any   collective   bargaining
          agreement  in  effect  upon  the  effective  date of this
          amendatory Act of 1990 covering  both  such  sworn  peace
          officers and other employees.
               (2)  Notwithstanding  the  exclusion  of supervisors
          from bargaining units as provided  in  paragraph  (1)  of
          this  subsection  (s),  a  public  employer  may agree to
          permit its supervisory employees to form bargaining units
          and may bargain with those units.  This Act  shall  apply
          if  the  public  employer  chooses  to bargain under this
          subsection.
      (Source: P.A. 93-204, eff. 7-16-03.)"; and

      on page 20, after line 1, by inserting the following:

          "(5 ILCS 425/Act rep.)
          Section 90-8.  The State Gift Ban Act  is  repealed  upon
      the  effective  date  of  the  State  Officials and Employees
      Ethics Act."; and

      on page 36, by replacing line 4 with the following:

      "Sections 4c and 8b.6 as follows:

          (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
          Sec. 4c.  General exemptions.  The following positions in
      State service shall be exempt from jurisdictions A, B, and C,
      unless the jurisdictions shall be  extended  as  provided  in
      this Act:
               (1)  All officers elected by the people.
               (2)  All  positions  under  the Lieutenant Governor,
          Secretary of State, State Treasurer,  State  Comptroller,
 
                                  -39-     LRB093 10270 JAM 18900 v

          State Board of Education, Clerk of the Supreme Court, and
          Attorney General.
               (3)  Judges,  and  officers  and  employees  of  the
          courts, and notaries public.
               (4)  All  officers  and  employees  of  the Illinois
          General   Assembly,   all   employees   of    legislative
          commissions,  all officers and employees of  the Illinois
          Legislative Reference Bureau,  the  Legislative  Research
          Unit, and the Legislative Printing Unit.
               (5)  All  positions  in  the Illinois National Guard
          and Illinois State Guard,  paid  from  federal  funds  or
          positions  in  the  State   Military  Service  filled  by
          enlistment and paid from State funds.
               (6)  All  employees of the Governor at the executive
          mansion and on his immediate personal staff.
               (7)  Directors of Departments, the Adjutant General,
          the Assistant  Adjutant  General,  the  Director  of  the
          Illinois  Emergency  Management Agency, members of boards
          and commissions,  and all other  positions  appointed  by
          the Governor by and with the consent of the Senate.
               (8)  The  presidents, other principal administrative
          officers, and teaching, research and extension  faculties
          of Chicago State University, Eastern Illinois University,
          Governors  State  University,  Illinois State University,
          Northeastern  Illinois  University,   Northern   Illinois
          University,  Western  Illinois  University,  the Illinois
          Community College Board,  Southern  Illinois  University,
          Illinois   Board   of  Higher  Education,  University  of
          Illinois,  State  Universities  Civil   Service   System,
          University   Retirement   System  of  Illinois,  and  the
          administrative  officers  and  scientific  and  technical
          staff of the Illinois State Museum.
               (9)  All  other  employees  except  the  presidents,
          other principal administrative  officers,  and  teaching,
 
                                  -40-     LRB093 10270 JAM 18900 v

          research  and  extension  faculties  of  the universities
          under the jurisdiction of the Board of  Regents  and  the
          colleges  and universities under the  jurisdiction of the
          Board of Governors of State  Colleges  and  Universities,
          Illinois   Community  College  Board,  Southern  Illinois
          University, Illinois Board of Higher Education, Board  of
          Governors  of  State Colleges and Universities, the Board
          of Regents, University  of Illinois,  State  Universities
          Civil  Service  System,  University  Retirement System of
          Illinois, so long as these are subject to the  provisions
          of the State Universities Civil Service Act.
               (10)  The  State  Police so long as they are subject
          to the merit provisions of the State Police Act.
               (11)  The scientific staff of the  State  Scientific
          Surveys and the Waste Management and Research Center.
               (12)  The  technical  and  engineering staffs of the
          Department of Transportation, the Department  of  Nuclear
          Safety,  the  Pollution  Control  Board, and the Illinois
          Commerce Commission, and the  technical  and  engineering
          staff providing architectural and engineering services in
          the Department of Central Management Services.
               (13)  All  employees  of  the  Illinois  State  Toll
          Highway Authority.
               (14)  The Secretary of the Industrial Commission.
               (15)  All  persons  who are appointed or employed by
          the Director of Insurance  under authority of Section 202
          of the Illinois Insurance Code to assist the Director  of
          Insurance in discharging his responsibilities relating to
          the  rehabilitation,   liquidation,   conservation,   and
          dissolution   of   companies  that  are  subject  to  the
          jurisdiction of the Illinois  Insurance Code.
               (16)  All employees of the  St.  Louis  Metropolitan
          Area Airport Authority.
               (17)  All   investment   officers  employed  by  the
 
                                  -41-     LRB093 10270 JAM 18900 v

          Illinois State Board of Investment.
               (18)  Employees  of   the   Illinois   Young   Adult
          Conservation  Corps program, administered by the Illinois
          Department of Natural Resources, authorized grantee under
          Title VIII of the Comprehensive Employment  and  Training
          Act of 1973, 29 USC 993.
               (19)  Seasonal   employees   of  the  Department  of
          Agriculture for the operation of the Illinois State  Fair
          and  the DuQuoin State Fair, no one person receiving more
          than 29 days of such employment in any calendar year.
               (20)  All  "temporary"  employees  hired  under  the
          Department of Natural  Resources'  Illinois  Conservation
          Service,  a  youth  employment  program  that hires young
          people to work in State parks for a period of one year or
          less.
               (21)  All  hearing  officers  of  the  Human  Rights
          Commission.
               (22)  All employees of the Illinois Mathematics  and
          Science Academy.
               (23)  All  employees  of  the  Kankakee River Valley
          Area Airport Authority.
               (24)  The  commissioners  and   employees   of   the
          Executive Ethics Commission.
               (25)  The  Executive Inspector General and employees
          of the Office of the Executive Inspector General.
      (Source: P.A. 90-490,  eff.  8-17-97;  91-214,  eff.  1-1-00;
      91-357, eff. 7-29-99.)"; and

      on page 45, line 9, by deleting "and"; and

      on page 45, line 14, by changing "action." to "action;"; and

      on page 45, after line 14, by inserting the following:

               "(3)  a  registered  lobbyist  serving  on  a board,
          commission,  authority,  or  task  force  that  covers  a
 
                                  -42-     LRB093 10270 JAM 18900 v

          different  subject  area  than  the  subject   area   the
          registered   lobbyist   has   disclosed  in  his  or  her
          registration as outlined under  Section  5(c-6)  of  this
          Act; and
               (4)  a registered lobbyist who has received a waiver
          from  the  Executive  Ethics  Commission  to serve on the
          board, commission, authority, or task force,  based  upon
          the  Executive  Ethics  Commission determination that the
          State's need  for  the  registered  lobbyist's  expertise
          outweighs  the potential conflict of interest.  Pending a
          decision by the Executive Ethics Commission on the waiver
          request, the registered lobbyist may serve as  an  acting
          member  of  the  board,  commission,  authority,  or task
          force.
          Any  registered  lobbyist  that  serves   on   a   board,
      commission,  authority,  or  task  force  under  one of these
      exemptions must recuse himself or  herself  from  any  board,
      commission, authority, or task force decision that may affect
      one of his or her clients."; and

      on page 47, line 14, by replacing "$100" with "$500"; and

      on  page  47,  line  19,  after "purposes.", by inserting the
      following:
          "The registration fee for a person required  to  register
      under  this Act is $150 if the person satisfies either of the
      following:
               (1)  The person is a non-profit organization  exempt
          from  federal  income taxation under Section 501(c)(3) of
          the Internal Revenue Code.
               (2)  The person (i)  is  an  employee  of  a  person
          described  in  subsection  (1)  and  (ii)  undertakes  to
          influence   executive,   legislative,  or  administrative
          action on behalf of the person in subsection (1) as  part
          of salaried responsibilities."; and
 
                                  -43-     LRB093 10270 JAM 18900 v

      on page 47, line 22, by replacing "$100" with "$500".


      Date:               , 2003