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Full Text of SB0702  93rd General Assembly

SB0702ham002 93rd General Assembly


093_SB0702ham002

 










                                     LRB093 03133 JAM 20243 a

 1                    AMENDMENT TO SENATE BILL 702

 2        AMENDMENT NO.     .  Amend Senate Bill 702  by  replacing
 3    everything after the enacting clause with the following:

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

11        (93 HB3412enr. Art. 1, Sec. 1-5)
12        Sec. 1-5.  Definitions. As used in this Act:
13        "Appointee"  means a person appointed to a position in or
14    with a State agency, regardless of whether  the  position  is
15    compensated.
16        "Campaign  for  elective  office"  means  any activity in
17    furtherance  of  an  effort  to  influence   the   selection,
18    nomination, election, or appointment of any individual to any
19    federal,  State,  or  local  public  office  or  office  in a
20    political organization,  or  the  selection,  nomination,  or
21    election  of  Presidential or Vice-Presidential electors, but
22    does not include activities (i) relating to  the  support  or
 
                            -2-      LRB093 03133 JAM 20243 a
 1    opposition  of  any executive, legislative, or administrative
 2    action (as those terms  are  defined  in  Section  2  of  the
 3    Lobbyist  Registration  Act),  (ii)  relating  to  collective
 4    bargaining, or (iii) that are otherwise in furtherance of the
 5    person's official State duties.
 6        "Candidate"  means  a  person  who  has  filed nominating
 7    papers or petitions for nomination or election to an  elected
 8    State  office, or who has been appointed to fill a vacancy in
 9    nomination, and who remains eligible  for  placement  on  the
10    ballot  at  either  a  general  primary  election  or general
11    election.
12        "Collective bargaining" has the same meaning as that term
13    is  defined  in  Section  3  of  the  Illinois  Public  Labor
14    Relations Act.
15        "Commission" means an ethics commission created  by  this
16    Act.
17        "Compensated  time"  means any time worked by or credited
18    to a State employee that counts toward any minimum work  time
19    requirement imposed as a condition of employment with a State
20    agency, but does not include any designated State holidays or
21    any period when the employee is on a leave of absence.
22        "Compensatory  time off" means authorized time off earned
23    by or awarded to a State employee to compensate in  whole  or
24    in  part  for  time worked in excess of the minimum work time
25    required of that employee as a condition of employment with a
26    State agency.
27        "Contribution" has the  same  meaning  as  that  term  is
28    defined in Section 9-1.4 of the Election Code.
29        "Employee"  means  (i)  any  person  employed  full-time,
30    part-time,  or  pursuant  to  a contract and whose employment
31    duties are  subject  to  the  direction  and  control  of  an
32    employer  with regard to the material details of how the work
33    is to be performed or (ii) any appointee.
34        "Executive  branch  constitutional  officer"  means   the
 
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 1    Governor, Lieutenant Governor, Attorney General, Secretary of
 2    State, Comptroller, and Treasurer.
 3        "Gift"   means  any  gratuity,  discount,  entertainment,
 4    hospitality,  loan,  forbearance,  or   other   tangible   or
 5    intangible  item  having  monetary  value  including, but not
 6    limited to, cash, food and drink, and honoraria for  speaking
 7    engagements   related   to   or  attributable  to  government
 8    employment or the official position of an  employee,  member,
 9    or officer.
10        "Governmental entity" means a unit of local government or
11    a school district but not a State agency.
12        "Leave  of absence" means any period during which a State
13    employee  does  not  receive  (i)  compensation   for   State
14    employment,   (ii)   service  credit  towards  State  pension
15    benefits, and (iii) health insurance benefits paid for by the
16    State.
17        "Legislative  branch  constitutional  officer"  means   a
18    member of the General Assembly and the Auditor General.
19        "Legislative  leader"  means  the  President and Minority
20    Leader of the Senate and the Speaker and Minority  Leader  of
21    the House of Representatives.
22        "Member" means a member of the General Assembly.
23        "Officer"    means    an   executive   branch   a   State
24    constitutional officer of  the  executive  or  a  legislative
25    branch constitutional officer.
26        "Political"  means  any  activity  in  support  of  or in
27    connection with any  campaign  for  elective  office  or  any
28    political  organization,  but does not include activities (i)
29    relating to the  support  or  opposition  of  any  executive,
30    legislative,  or  administrative  action  (as those terms are
31    defined in Section 2 of the Lobbyist Registration Act),  (ii)
32    relating   to   collective  bargaining,  or  (iii)  that  are
33    otherwise in  furtherance  of  the  person's  official  State
34    duties.
 
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 1        "Political   organization"   means  a  party,  committee,
 2    association, fund, or  other  organization  (whether  or  not
 3    incorporated)  that  is  required  to  file  a  statement  of
 4    organization  with  the  State Board of Elections or a county
 5    clerk under Section 9-3 of the Election Code, but  only  with
 6    regard to those activities that require filing with the State
 7    Board of Elections or a county clerk.
 8        "Prohibited political activity" means:
 9             (1)  Preparing  for, organizing, or participating in
10        any  political  meeting,   political   rally,   political
11        demonstration, or other political event.
12             (2)  Soliciting  contributions,  including  but  not
13        limited  to  the  purchase  of, selling, distributing, or
14        receiving  payment  for   tickets   for   any   political
15        fundraiser, political meeting, or other political event.
16             (3)  Soliciting,  planning  the  solicitation of, or
17        preparing any document or report regarding any  thing  of
18        value intended as a campaign contribution.
19             (4)  Planning,  conducting,  or  participating  in a
20        public opinion poll in connection  with  a  campaign  for
21        elective  office or on behalf of a political organization
22        for political purposes or for or against  any  referendum
23        question.
24             (5)  Surveying   or   gathering   information   from
25        potential  or  actual  voters in an election to determine
26        probable vote outcome in connection with a  campaign  for
27        elective  office or on behalf of a political organization
28        for political purposes or for or against  any  referendum
29        question.
30             (6)  Assisting  at  the  polls  on  election  day on
31        behalf of any political  organization  or  candidate  for
32        elective   office   or  for  or  against  any  referendum
33        question.
34             (7)  Soliciting votes on behalf of a  candidate  for
 
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 1        elective  office  or  a  political organization or for or
 2        against any referendum question or helping in  an  effort
 3        to get voters to the polls.
 4             (8)  Initiating    for    circulation,    preparing,
 5        circulating,  reviewing, or filing any petition on behalf
 6        of a candidate for elective office or for or against  any
 7        referendum question.
 8             (9)  Making contributions on behalf of any candidate
 9        for  elective  office  in  that capacity or in connection
10        with a campaign for elective office.
11             (10)  Preparing or reviewing responses to  candidate
12        questionnaires in connection with a campaign for elective
13        office  or  on  behalf  of  a  political organization for
14        political purposes.
15             (11)  Distributing, preparing for  distribution,  or
16        mailing  campaign  literature,  campaign  signs, or other
17        campaign material on behalf of any candidate for elective
18        office or for or against any referendum question.
19             (12)  Campaigning for any elective office or for  or
20        against any referendum question.
21             (13)  Managing or working on a campaign for elective
22        office or for or against any referendum question.
23             (14)  Serving  as a delegate, alternate, or proxy to
24        a political party convention.
25             (15)  Participating in any recount or  challenge  to
26        the  outcome  of  any election, except to the extent that
27        under subsection (d) of Section 6 of Article  IV  of  the
28        Illinois  Constitution each house of the General Assembly
29        shall judge the elections, returns, and qualifications of
30        its members.
31        "Prohibited source" means any person or entity who:
32             (1)  is seeking official action (i) by the member or
33        officer or (ii) in  the  case  of  an  employee,  by  the
34        employee  or  by  the  member,  officer, State agency, or
 
                            -6-      LRB093 03133 JAM 20243 a
 1        other employee directing the employee;
 2             (2)  does business or seeks to do business (i)  with
 3        the member or officer or (ii) in the case of an employee,
 4        with  the  employee  or  with  the member, officer, State
 5        agency, or other employee directing the employee;
 6             (3)  conducts activities regulated (i) by the member
 7        or officer or (ii) in the case of  an  employee,  by  the
 8        employee  or  by  the  member,  officer, State agency, or
 9        other employee directing the employee;
10             (4)  has  interests  that   may   be   substantially
11        affected  by  the  performance  or non-performance of the
12        official duties of the member, officer, or employee; or
13             (5)  is registered or required to be registered with
14        the Secretary of State under  the  Lobbyist  Registration
15        Act,  except  that  an  entity not otherwise a prohibited
16        source does not become a prohibited source merely because
17        a registered lobbyist is one of its members or serves  on
18        its board of directors.
19        "State agency" includes all officers, boards, commissions
20    and  agencies  created  by  the  Constitution, whether in the
21    executive or legislative branch; all  officers,  departments,
22    boards,  commissions,  agencies,  institutions,  authorities,
23    public  institutions of higher learning as defined in Section
24    2 of the Higher Education Cooperation Act, and bodies politic
25    and corporate of  the  State;  and  administrative  units  or
26    corporate  outgrowths  of  the  State  government  which  are
27    created  by or pursuant to statute, other than units of local
28    government and their officers, school districts,  and  boards
29    of  election  commissioners; and all administrative units and
30    corporate outgrowths of the above and as may  be  created  by
31    executive  order of the Governor. "State agency" includes the
32    General Assembly, the Senate, the House  of  Representatives,
33    the  President and Minority Leader of the Senate, the Speaker
34    and Minority Leader of  the  House  of  Representatives,  the
 
                            -7-      LRB093 03133 JAM 20243 a
 1    Senate  Operations  Commission,  and  the legislative support
 2    services agencies. "State agency" includes the Office of  the
 3    Auditor General. "State agency" does not include the judicial
 4    branch.
 5        "State employee" means any employee of a State agency.
 6        "Ultimate jurisdictional authority" means the following:
 7             (1)  For  members,  legislative  partisan staff, and
 8        legislative  secretaries,  the  appropriate   legislative
 9        leader:  President  of the Senate, Minority Leader of the
10        Senate, Speaker  of  the  House  of  Representatives,  or
11        Minority Leader of the House of Representatives.
12             (2)  For  State employees who are professional staff
13        or employees of the Senate and  not  covered  under  item
14        (1), the Senate Operations Commission.
15             (3)  For  State employees who are professional staff
16        or employees of the  House  of  Representatives  and  not
17        covered  under  item  (1),  the  Speaker  of the House of
18        Representatives.
19             (4)  For State employees who are  employees  of  the
20        legislative   support   services   agencies,   the  Joint
21        Committee on Legislative Support Services.
22             (5)  For State employees of the Auditor General, the
23        Auditor General.
24             (6)  For State employees of public  institutions  of
25        higher  learning  as  defined  in Section 2 of the Higher
26        Education Cooperation Act, the board of trustees  of  the
27        appropriate public institution of higher learning.
28             (7)  For  State  employees  of  an  executive branch
29        constitutional officer  other  than  those  described  in
30        paragraph   (6),   the   appropriate   executive   branch
31        constitutional officer.
32             (8)  For  State employees not under the jurisdiction
33        of paragraph (1), (2), (3), (4), (5), (6),  or  (7),  the
34        Governor.
 
                            -8-      LRB093 03133 JAM 20243 a
 1    (Source: 93HB3412enr.)

 2        (93 HB3412enr. Art. 5, Sec. 5-5)
 3        Sec. 5-5.  Personnel policies.
 4        (a)  Each  of  the  following  shall  adopt and implement
 5    personnel policies for all State employees under his, her, or
 6    its jurisdiction  and  control:  (i)  each  executive  branch
 7    constitutional  officer,  (ii) each legislative leader, (iii)
 8    the Senate Operations Commission, with respect to legislative
 9    employees under Section 4 of the General Assembly  Operations
10    Act,  (iv)  the Speaker of the House of Representatives, with
11    respect to legislative  employees  under  Section  5  of  the
12    General  Assembly  Operations Act, (v) the Joint Committee on
13    Legislative Support Services, with respect to State employees
14    of the legislative support services agencies, (vi) members of
15    the General Assembly, with respect to legislative assistants,
16    as provided in Section 4 of the General Assembly Compensation
17    Act, (vii) the Auditor General, (viii) the  Board  of  Higher
18    Education,   with   respect  to  State  employees  of  public
19    institutions of higher learning  except  community  colleges,
20    and  (ix)  the Illinois Community College Board, with respect
21    to State employees of community colleges. The Governor  shall
22    adopt and implement those policies for all State employees of
23    the  executive  branch not under the jurisdiction and control
24    of any other executive branch constitutional officer.
25        (b)  The policies required under subsection (a) shall  be
26    filed  with  the  appropriate  ethics  commission established
27    under this Act or, for the Auditor General, with  the  Office
28    of the Auditor General.
29        (c)(b)  The  policies required under subsection (a) shall
30    include  policies  relating  to   work   time   requirements,
31    documentation of time worked, documentation for reimbursement
32    for  travel on official State business, compensation, and the
33    earning or accrual of State benefits for all State  employees
 
                            -9-      LRB093 03133 JAM 20243 a
 1    who  may be eligible to receive those benefits.  The policies
 2    shall comply with and be consistent with all other applicable
 3    laws. For State employees  of  the  legislative  branch,  The
 4    policies  shall require State those employees to periodically
 5    submit time sheets documenting the time  spent  each  day  on
 6    official   State   business  to  the  nearest  quarter  hour;
 7    contractual State employees of  the  legislative  branch  may
 8    satisfy  the  time  sheets  requirement by complying with the
 9    terms of their contract, which shall provide for a  means  of
10    compliance  with  this  requirement.  The  policies for State
11    employees of the legislative branch shall require those  time
12    sheets  to be submitted on paper, electronically, or both and
13    to be maintained in either paper or electronic format by  the
14    applicable fiscal office for a period of at least 2 years.
15        (d)  The  policies required under subsection (a) shall be
16    adopted by the applicable entity before February 1, 2004  and
17    shall  apply  to  State  employees  beginning  30  days after
18    adoption.
19    (Source: 93HB3412enr.)

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

16        (93 HB3412enr. Art. 5, Sec. 5-20)
17        Section  5-20.  Public   service   announcements;   other
18    promotional material.
19        (a)  Beginning   January   1,  2004,  no  public  service
20    announcement or advertisement that is on behalf of any  State
21    administered  program and contains the proper name, image, or
22    voice of  any  executive  branch  constitutional  officer  or
23    member of the General Assembly shall be broadcast or aired on
24    radio or television or printed in a commercial newspaper or a
25    commercial magazine at any time.
26        (b)  The  proper  name  or  image of any executive branch
27    constitutional officer or member of the General Assembly  may
28    not  appear  on  any  (i)  bumper  stickers,  (ii) commercial
29    billboards, (iii) lapel pins or buttons,  (iv)  magnets,  (v)
30    stickers,  and  (vi)  other  similar  promotional  items,  if
31    designed,  paid  for,  prepared,  or distributed using public
32    dollars. This subsection does not apply to  stocks  of  items
33    existing  on the effective date of this amendatory Act of the
 
                            -11-     LRB093 03133 JAM 20243 a
 1    93rd General Assembly.
 2        (a)  Except as otherwise provided  in  this  Section,  no
 3    public  service  announcement  or  advertisement  that  is on
 4    behalf of any State administered program  and  that  contains
 5    the  image  or  voice  of any executive branch constitutional
 6    officer or member of the General Assembly shall be  broadcast
 7    or  aired on radio or television or printed in a newspaper at
 8    any time on or after the date  that  the  officer  or  member
 9    files  his  or her nominating petitions for public office and
10    for any time thereafter that the officer or member remains  a
11    candidate for any office.
12        (c)(b)  This  Section  does  not  apply to communications
13    funded through expenditures required  to  be  reported  under
14    Article 9 of the Election Code.
15    (Source: 93HB3412enr.)

16        (93 HB3412enr. Art. 5, Sec. 5-45)
17        Section 5-45.  Procurement; revolving door prohibition.
18        (a)  No  former  officer,  member,  or State employee, or
19    spouse or immediate family member living  with  such  person,
20    shall,   within  a  period  of  one  year  immediately  after
21    termination of State employment, knowingly accept  employment
22    or receive compensation or fees for services from a person or
23    entity  if the officer, member, or State employee, during the
24    year immediately preceding termination of  State  employment,
25    participated  personally and substantially in the decision to
26    award State contracts with a cumulative value of over $25,000
27    to the person or entity, or its parent or subsidiary.
28        (b)  No former officer of the executive branch  or  State
29    employee of the executive branch with regulatory or licensing
30    authority,  or  spouse or immediate family member living with
31    such person, shall, within a period of one  year  immediately
32    after  termination  of  state  employment,  knowingly  accept
33    employment  or receive compensation of fees for services from
 
                            -12-     LRB093 03133 JAM 20243 a
 1    a person or entity if the officer or State  employee,  during
 2    the   year   immediately   preceding   termination  of  State
 3    employment, made a  regulatory  or  licensing  decision  that
 4    directly  applied  to  the person or entity, or its parent or
 5    subsidiary.
 6        (c)  The requirements of this Section may be  waived  (i)
 7    for  the executive branch, in writing by the Executive Ethics
 8    Commission, (ii) for the legislative branch,  in  writing  by
 9    the  Legislative Ethics Commission, and (iii) for the Auditor
10    General, in writing by the Auditor General. During  the  time
11    period  from the effective date of this amendatory Act of the
12    93rd General Assembly until the Executive  Ethics  Commission
13    first  meets,  the requirements of this Section may be waived
14    in  writing  by  the  appropriate   ultimate   jurisdictional
15    authority.  During the time period from the effective date of
16    this amendatory Act of the 93rd General  Assembly  until  the
17    Legislative  Ethics  Commission first meets, the requirements
18    of this Section may be waived in writing by  the  appropriate
19    ultimate   jurisdictional  authority.  The  waiver  shall  be
20    granted upon a showing that  the  prospective  employment  or
21    relationship  did  not  affect  the  decisions referred to in
22    sections (a) and (b).
23        (d)  This Section applies only to persons  who  terminate
24    an  affected  position on or after the effective date of this
25    amendatory Act of the 93rd General Assembly.
26        (a)  No former State employee may, within a period of one
27    year  immediately  after  termination  of  State  employment,
28    knowingly accept employment or receive compensation  or  fees
29    for  services  from  an  employer if the employee, during the
30    year immediately preceding termination of  State  employment,
31    and  on  behalf  of  the State or State agency, negotiated in
32    whole or in part one or more  contracts  with  that  employer
33    aggregating $25,000 or more.
34        (b)  The  requirements  of  this Section may be waived by
 
                            -13-     LRB093 03133 JAM 20243 a
 1    the appropriate  ultimate  jurisdictional  authority  of  the
 2    former   State   employee  if  that  ultimate  jurisdictional
 3    authority finds in writing that the State's negotiations  and
 4    decisions  regarding  the  procurement  of  the  contract  or
 5    contracts  were  not materially affected by any potential for
 6    employment of that employee by the employer.
 7        (c)  This Section applies only to persons  who  terminate
 8    an  affected  position on or after the effective date of this
 9    Act.
10    (Source: 93HB3412enr.)

11        (93 HB3412enr. Sec. 5-50 new)
12        Sec. 5-50.  Ex parte communications;  special  government
13    agents.
14        (a)  This Section applies to ex parte communications made
15    to any agency listed in subsection (e).
16        (b)  "Ex  parte  communication" means any written or oral
17    communication by any person that imparts or requests material
18    information or makes a material argument regarding  potential
19    action    concerning   regulatory,   quasi-adjudicatory,   or
20    licensing matters pending before or  under  consideration  by
21    the  agency.  "Ex  parte  communication" does not include the
22    following: (i) statements by a  person  publicly  made  in  a
23    public  forum; (ii) statements regarding matters of procedure
24    and practice, such as format, the number of copies  required,
25    the  manner  of filing, and the status of a matter; and (iii)
26    statements made by a State employee  of  the  agency  to  the
27    agency head or other employees of that agency.
28        (b-5)  An  ex  parte communication received by an agency,
29    agency head, or other  agency  employee  from  an  interested
30    party or his or her official representative or attorney shall
31    promptly be memorialized and made a part of the record.
32        (c)  An  ex  parte  communication received by any agency,
33    agency head, or other agency employee, other than an ex parte
 
                            -14-     LRB093 03133 JAM 20243 a
 1    communication   described   in   subsection   (b-5),    shall
 2    immediately  be  reported  to that agency's ethics officer by
 3    the recipient of the communication and by any other  employee
 4    of that agency who responds to the communication.  The ethics
 5    officer  shall  require  that  the  ex parte communication be
 6    promptly made a part of the record.  The ethics officer shall
 7    promptly file the ex parte communication with  the  Executive
 8    Ethics  Commission, including all written communications, all
 9    written responses to the  communications,  and  a  memorandum
10    prepared  by  the  ethics  officer  stating  the  nature  and
11    substance  of  all  oral communications, the identity and job
12    title of the person to whom each communication was made,  all
13    responses  made,  the  identity  and  job title of the person
14    making each response, the identity of each person  from  whom
15    the  written or oral ex parte communication was received, the
16    individual or entity represented by that person,  any  action
17    the  person requested or recommended, and any other pertinent
18    information. The disclosure shall also contain  the  date  of
19    any ex parte communication.
20        (d)  "Interested  party"  means  a person or entity whose
21    rights, privileges, or interests are the subject  of  or  are
22    directly  affected  by  a  regulatory, quasi-adjudicatory, or
23    licensing matter.
24        (e)  This Section applies to the following agencies:
25    Executive Ethics Commission
26    Illinois Commerce Commission
27    Educational Labor Relations Board
28    State Board of Elections
29    Illinois Gaming Board
30    Health Facilities Planning Board
31    Industrial Commission
32    Illinois Labor Relations Board
33    Illinois Liquor Control Commission
34    Pollution Control Board
 
                            -15-     LRB093 03133 JAM 20243 a
 1    Property Tax Appeal Board
 2    Illinois Racing Board
 3    Illinois Purchased Care Review Board
 4    Department of State Police Merit Board
 5    Motor Vehicle Review Board
 6    Prisoner Review Board
 7    Civil Service Commission
 8    Personnel Review Board for the Treasurer
 9    Merit Commission for the Secretary of State
10    Merit Commission for the Office of the Comptroller
11    Court of Claims
12    Board of Review of the Department
13      of Employment Security
14    Department of Professional Regulation and
15      licensing boards under the Department
16    Department of Public Health and licensing boards
17     under the Department
18    Office of Banks and Real Estate
19     and licensing boards under the Office
20        (f)  Any person who fails  to  (i)  report  an  ex  parte
21    communication  to  an  ethics  officer, (ii) make information
22    part of the record, or (iii) make a filing with the Executive
23    Ethics Commission as required by this Section or as  required
24    by Section 5-165 of the Illinois Administrative Procedure Act
25    violates this Act.

26        (93 HB3412enr. Sec. 5-55 new)
27        Sec.   5-55.   Prohibition   on  serving  on  boards  and
28    commissions. Notwithstanding any other law of this State,  on
29    and  after February 1, 2004, a person, his or her spouse, and
30    any immediate  family  member  living  with  that  person  is
31    ineligible  to  serve  on  a board, commission, authority, or
32    task force authorized or created by State law or by executive
33    order of the Governor if  (i)  that  person  is  entitled  to
 
                            -16-     LRB093 03133 JAM 20243 a
 1    receive  more  than  7 1/2% of the total distributable income
 2    under a State contract other than an employment  contract  or
 3    (ii)  that  person  together  with  his  or  her  spouse  and
 4    immediate family members living with that person are entitled
 5    to  receive  more  than  15%  in  the  aggregate of the total
 6    distributable income under a State  contract  other  than  an
 7    employment  contract;  except  that this restriction does not
 8    apply to any of the following:
 9             (1)  a person, his or her  spouse,  or  his  or  her
10        immediate  family  member living with that person, who is
11        serving in an elective public office, whether elected  or
12        appointed to fill a vacancy; and
13             (2)  a  person,  his  or  her  spouse, or his or her
14        immediate family member living with that person,  who  is
15        serving  on  a  State advisory body that makes nonbinding
16        recommendations to an agency of State government but does
17        not make binding  recommendations  or  determinations  or
18        take any other substantive action.

19        (93 HB3412enr. Art. 10 heading new)
20                             ARTICLE 10
21                              GIFT BAN

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

31        (93 HB3412enr. Sec. 10-15 new)
 
                            -17-     LRB093 03133 JAM 20243 a
 1        Sec. 10-15.  Gift ban; exceptions.   The  restriction  in
 2    Section 10-10 does not apply to the following:
 3        (1)  Opportunities,   benefits,  and  services  that  are
 4    available on the same conditions as for the general public.
 5        (2)  Anything for which the  officer,  member,  or  State
 6    employee pays the market value.
 7        (3)  Any (i) contribution that is lawfully made under the
 8    Election Code or under this Act or (ii) activities associated
 9    with   a   fundraising   event  in  support  of  a  political
10    organization or candidate.
11        (4)  Educational materials and missions.  This  exception
12    may  be  further  defined by rules adopted by the appropriate
13    ethics commission or by the Auditor General for  the  Auditor
14    General and employees of the Office of the Auditor General.
15        (5)  Travel  expenses  for  a  meeting  to  discuss State
16    business. This exception may  be  further  defined  by  rules
17    adopted  by  the  appropriate  ethics  commission  or  by the
18    Auditor General for the Auditor General and employees of  the
19    Office of the Auditor General.
20        (6)  A gift from a relative, meaning those people related
21    to  the individual as father, mother, son, daughter, brother,
22    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
23    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
24    grandson,   granddaughter,   father-in-law,    mother-in-law,
25    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
26    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
27    stepsister,  half  brother,  half  sister,  and including the
28    father,  mother,   grandfather,   or   grandmother   of   the
29    individual's spouse and the individual's fiance or fiancee.
30        (7)  Anything provided by an individual on the basis of a
31    personal  friendship  unless the member, officer, or employee
32    has reason to believe that, under the circumstances, the gift
33    was provided because of the official position  or  employment
34    of  the  member,  officer, or employee and not because of the
 
                            -18-     LRB093 03133 JAM 20243 a
 1    personal friendship.
 2        In determining whether a gift is provided on the basis of
 3    personal friendship, the member, officer, or  employee  shall
 4    consider  the circumstances under which the gift was offered,
 5    such as:
 6             (i)  the history of  the  relationship  between  the
 7        individual giving the gift and the recipient of the gift,
 8        including  any  previous  exchange of gifts between those
 9        individuals;
10             (ii)  whether to the actual knowledge of the member,
11        officer, or employee the individual  who  gave  the  gift
12        personally paid for the gift or sought a tax deduction or
13        business reimbursement for the gift; and
14             (iii)  whether   to  the  actual  knowledge  of  the
15        member, officer, or employee the individual who gave  the
16        gift also at the same time gave the same or similar gifts
17        to other members, officers, or employees.
18        (8)  Food or refreshments not exceeding $75 per person in
19    value  on  a  single  calendar day; provided that the food or
20    refreshments are (i) consumed on the premises from which they
21    were purchased or prepared or (ii) catered. For the  purposes
22    of  this  Section,  "catered" means food or refreshments that
23    are purchased ready to eat and delivered by any means.
24        (9)  Food,  refreshments,  lodging,  transportation,  and
25    other  benefits  resulting  from  the  outside  business   or
26    employment  activities  (or  outside  activities that are not
27    connected to the duties of the officer, member,  or  employee
28    as  an  office holder or employee) of the officer, member, or
29    employee, or the spouse of the officer, member, or  employee,
30    if  the benefits have not been offered or enhanced because of
31    the official position or employment of the  officer,  member,
32    or  employee,  and  are  customarily  provided  to  others in
33    similar circumstances.
34        (10)  Intra-governmental  and  inter-governmental  gifts.
 
                            -19-     LRB093 03133 JAM 20243 a
 1    For the purpose of this Act, "intra-governmental gift"  means
 2    any  gift  given to a member, officer, or employee of a State
 3    agency from another member, officer, or employee of the  same
 4    State  agency;  and  "inter-governmental gift" means any gift
 5    given to a member, officer, or employee of a State agency, by
 6    a member, officer, or employee of another State agency, of  a
 7    federal agency, or of any governmental entity.
 8        (11)  Bequests,  inheritances,  and  other  transfers  at
 9    death.
10        (12)  Any  item  or  items from any one prohibited source
11    during any calendar year having a cumulative total  value  of
12    less than $100.
13        Each of the exceptions listed in this Section is mutually
14    exclusive and independent of one another.

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

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

31        (93 HB3412enr. Art. 15, Sec. 15-10)
 
                            -20-     LRB093 03133 JAM 20243 a
 1        Section 15-10.  Protected activity. An officer, a member,
 2    a  State  employee,  or  a  State  agency  shall not take any
 3    retaliatory action against a State employee because the State
 4    employee does any of the following:
 5        (1)  Discloses or threatens to disclose to  a  supervisor
 6    or  to  a public body an activity, policy, or practice of any
 7    officer, member, State agency, or other State  employee  that
 8    the  State  employee reasonably believes is in violation of a
 9    law, rule, or regulation.
10        (2)  Provides information  to  or  testifies  before  any
11    public  body conducting an investigation, hearing, or inquiry
12    into any violation of a  law,  rule,  or  regulation  by  any
13    officer, member, State agency, or other State employee.
14        (3)  Assists  or  participates in a proceeding to enforce
15    the provisions of this Act.
16    (Source: 93HB3412enr.)

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

28        (93 HB3412enr. Art. 15, Sec. 15-25)
29        Sec. 15-25.  Remedies. The State employee may be  awarded
30    all  remedies  necessary to make the State employee whole and
31    to  prevent  future  violations  of  this  Article.  Remedies
32    imposed by the court may include, but are not limited to, all
 
                            -21-     LRB093 03133 JAM 20243 a
 1    of the following:
 2        (1)  reinstatement of the employee  to  either  the  same
 3    position   held  before  the  retaliatory  action  or  to  an
 4    equivalent position;
 5        (2)  2 times the amount of back pay;
 6        (3)  interest on the back pay; and
 7        (4)  the  reinstatement  of  full  fringe  benefits   and
 8    seniority rights; and
 9        (5)  the payment of reasonable costs and attorneys' fees.
10    (Source: 93HB3412enr.)

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

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

19        (93 HB3412enr. Sec. 20-5 new)
20        Sec. 20-5. Executive Ethics Commission.
21        (a)  The Executive Ethics Commission is created.
22        (b)  The  Executive  Ethics Commission shall consist of 9
23    commissioners. The Governor shall  appoint  5  commissioners,
24    and  the  Attorney  General, Secretary of State, Comptroller,
25    and  Treasurer   shall   each   appoint   one   commissioner.
26    Appointments shall be made by and with the advice and consent
27    of   the  Senate  by  three-fifths  of  the  elected  members
28    concurring by record vote. Any nomination not acted  upon  by
29    the  Senate  within  60  session  days of the receipt thereof
30    shall be deemed to have received the advice  and  consent  of
31    the  Senate.  If,  during  a recess of the Senate, there is a
 
                            -22-     LRB093 03133 JAM 20243 a
 1    vacancy  in  an  office  of  commissioner,   the   appointing
 2    authority  shall  make a temporary appointment until the next
 3    meeting of the Senate when  the  appointing  authority  shall
 4    make a nomination to fill that office. No person rejected for
 5    an  office  of  commissioner  shall,  except  by the Senate's
 6    request, be nominated again  for  that  office  at  the  same
 7    session of the Senate or be appointed to that office during a
 8    recess of that Senate. No more than 5 commissioners may be of
 9    the same political party.
10        The  terms  of  the  initial commissioners shall commence
11    upon qualification. Four initial appointees of the  Governor,
12    as  designated  by  the  Governor,  shall serve terms running
13    through  June  30,  2007.   One  initial  appointee  of   the
14    Governor,  as  designated  by  the  Governor, and the initial
15    appointees of  the  Attorney  General,  Secretary  of  State,
16    Comptroller,  and Treasurer shall serve terms running through
17    June 30, 2008. The initial appointments shall be made  within
18    60 days after the effective date of this Act.
19        After  the  initial  terms, commissioners shall serve for
20    4-year terms commencing on July 1 of the year of  appointment
21    and  running  through  June  30 of the fourth following year.
22    Commissioners may be reappointed to one  or  more  subsequent
23    terms.
24        Vacancies occurring other than at the end of a term shall
25    be filled by the appointing authority only for the balance of
26    the term of the commissioner whose office is vacant.
27        Terms  shall  run  regardless  of whether the position is
28    filled.
29        (c)   The   appointing    authorities    shall    appoint
30    commissioners who have experience holding governmental office
31    or  employment  and  shall  appoint  commissioners  from  the
32    general  public.  A  person  is  not  eligible  to serve as a
33    commissioner if that person  (i)  has  been  convicted  of  a
34    felony  or a crime of dishonesty or moral turpitude, (ii) is,
 
                            -23-     LRB093 03133 JAM 20243 a
 1    or was within the preceding 12 months, engaged in  activities
 2    that  require  registration  under  the Lobbyist Registration
 3    Act, (iii) is related to the appointing authority, or (iv) is
 4    a State officer or employee.
 5        (d)  The   Executive   Ethics   Commission   shall   have
 6    jurisdiction   over  all  officers  and  employees  of  State
 7    agencies other than the General  Assembly,  the  Senate,  the
 8    House  of  Representatives, the President and Minority Leader
 9    of the Senate, the Speaker and Minority Leader of  the  House
10    of  Representatives,  the  Senate  Operations Commission, the
11    legislative support services agencies, and the Office of  the
12    Auditor  General.  The  jurisdiction  of  the  Commission  is
13    limited to matters arising under this Act.
14        (e)  The Executive Ethics Commission must meet, either in
15    person or by other technological means, at least monthly  and
16    as  often as necessary. At the first meeting of the Executive
17    Ethics Commission, the commissioners shall choose from  their
18    number  a  chairperson  and  other  officers  that  they deem
19    appropriate. The terms of  officers  shall  be  for  2  years
20    commencing  July  1 and running through June 30 of the second
21    following year. Meetings shall be held at  the  call  of  the
22    chairperson  or  any  3 commissioners. Official action by the
23    Commission  shall  require  the   affirmative   vote   of   5
24    commissioners, and a quorum shall consist of 5 commissioners.
25    Commissioners  shall  receive compensation in an amount equal
26    to  the  compensation  of  members  of  the  State  Board  of
27    Elections and may be reimbursed for their reasonable expenses
28    actually incurred in the performance of their duties.
29        (f) No commissioner or employee of the  Executive  Ethics
30    Commission  may  during  his  or  her  term of appointment or
31    employment:
32             (1)  become a candidate for any elective office;
33             (2)  hold any  other  elected  or  appointed  public
34        office  except  for appointments on governmental advisory
 
                            -24-     LRB093 03133 JAM 20243 a
 1        boards or study commissions  or  as  otherwise  expressly
 2        authorized by law;
 3             (3)  be  actively  involved  in  the  affairs of any
 4        political party or political organization; or
 5             (4)  actively participate in any  campaign  for  any
 6        elective office.
 7        (g)  An  appointing  authority  may remove a commissioner
 8    only for cause.
 9        (h)  The Executive Ethics  Commission  shall  appoint  an
10    Executive   Director.   The  compensation  of  the  Executive
11    Director shall be as determined by the Commission or  by  the
12    Compensation  Review  Board,  whichever amount is higher. The
13    Executive Director of the  Executive  Ethics  Commission  may
14    employ   and   determine   the   compensation  of  staff,  as
15    appropriations permit.

16        (93 HB3412enr. Sec. 20-10 new)
17        Sec. 20-10. Offices of Executive Inspectors General.
18        (a)  Five independent Offices of the Executive  Inspector
19    General  are created, one each for the Governor, the Attorney
20    General, the Secretary of State,  the  Comptroller,  and  the
21    Treasurer.  Each  Office  shall  be  under  the direction and
22    supervision of an Executive Inspector General and shall be  a
23    fully independent office with separate appropriations.
24        (b)  The  Governor, Attorney General, Secretary of State,
25    Comptroller, and Treasurer shall each  appoint  an  Executive
26    Inspector  General,  without  regard to political affiliation
27    and  solely  on  the  basis  of  integrity  and  demonstrated
28    ability. Appointments shall be made by and  with  the  advice
29    and  consent  of  the  Senate  by three-fifths of the elected
30    members concurring by record vote. Any nomination  not  acted
31    upon  by  the  Senate  within  60 session days of the receipt
32    thereof shall be deemed  to  have  received  the  advice  and
33    consent  of  the  Senate.  If, during a recess of the Senate,
 
                            -25-     LRB093 03133 JAM 20243 a
 1    there is a  vacancy  in  an  office  of  Executive  Inspector
 2    General,  the  appointing  authority  shall  make a temporary
 3    appointment until the next meeting of  the  Senate  when  the
 4    appointing  authority  shall  make  a nomination to fill that
 5    office.  No  person  rejected  for  an  office  of  Executive
 6    Inspector General shall, except by the Senate's  request,  be
 7    nominated  again  for  that office at the same session of the
 8    Senate or be appointed to that office during a recess of that
 9    Senate.
10        Nothing in this Article precludes the appointment by  the
11    Governor,  Attorney General, Secretary of State, Comptroller,
12    or Treasurer of  any  other  inspector  general  required  or
13    permitted  by  law. The Governor, Attorney General, Secretary
14    of State, Comptroller, and  Treasurer  each  may  appoint  an
15    existing inspector general as the Executive Inspector General
16    required  by  this  Article,  provided that such an inspector
17    general  is  not  prohibited  by  law,  rule,   jurisdiction,
18    qualification,  or  interest  from  serving  as the Executive
19    Inspector General required by  this  Article.  An  appointing
20    authority   may  not  appoint  a  relative  as  an  Executive
21    Inspector General.
22        Each Executive Inspector General shall have the following
23    qualifications:
24             (1)  has not been convicted  of any felony under the
25        laws of this State, another State, or the United States;
26             (2)  has  earned  a  baccalaureate  degree  from  an
27        institution of higher education; and
28             (3)  has 5 or more years of cumulative  service  (A)
29        with  a  federal, State, or local law enforcement agency,
30        at least 2 years of which  have  been  in  a  progressive
31        investigatory capacity; (B) as a federal, State, or local
32        prosecutor;  (C)  as  a  senior manager or executive of a
33        federal, State, or local agency;  (D)  as  a  member,  an
34        officer, or a State or federal judge; or (E) representing
 
                            -26-     LRB093 03133 JAM 20243 a
 1        any combination of (A) through (D).
 2        The  term  of  each  initial  Executive Inspector General
 3    shall commence upon qualification and shall run through  June
 4    30,  2008.  The  initial appointments shall be made within 60
 5    days after the effective date of this Act.
 6        After the initial term, each Executive Inspector  General
 7    shall serve for 5-year terms commencing on July 1 of the year
 8    of  appointment  and  running  through  June  30 of the fifth
 9    following  year.  An  Executive  Inspector  General  may   be
10    reappointed to one or more subsequent terms.
11        A vacancy occurring other than at the end of a term shall
12    be filled by the appointing authority only for the balance of
13    the  term  of the Executive Inspector General whose office is
14    vacant.
15        Terms shall run regardless of  whether  the  position  is
16    filled.
17        (c)  The  Executive  Inspector  General  appointed by the
18    Attorney General shall have jurisdiction  over  the  Attorney
19    General  and  all  officers and employees of, and vendors and
20    others  doing  business  with,  State  agencies  within   the
21    jurisdiction of the Attorney General. The Executive Inspector
22    General  appointed  by  the  Secretary  of  State  shall have
23    jurisdiction over the Secretary of State and all officers and
24    employees of, and vendors and  others  doing  business  with,
25    State  agencies  within  the jurisdiction of the Secretary of
26    State. The  Executive  Inspector  General  appointed  by  the
27    Comptroller  shall have jurisdiction over the Comptroller and
28    all officers and employees of, and vendors and  others  doing
29    business  with, State agencies within the jurisdiction of the
30    Comptroller. The Executive Inspector General appointed by the
31    Treasurer shall have jurisdiction over the Treasurer and  all
32    officers  and  employees  of,  and  vendors  and others doing
33    business with, State agencies within the jurisdiction of  the
34    Treasurer.  The  Executive Inspector General appointed by the
 
                            -27-     LRB093 03133 JAM 20243 a
 1    Governor shall  have  jurisdiction  over  the  Governor,  the
 2    Lieutenant  Governor,  and all officers and employees of, and
 3    vendors and others  doing  business  with,  executive  branch
 4    State agencies under the jurisdiction of the Executive Ethics
 5    Commission  and  not  within the jurisdiction of the Attorney
 6    General, the Secretary of  State,  the  Comptroller,  or  the
 7    Treasurer.
 8        The  jurisdiction  of each Executive Inspector General is
 9    to  investigate   allegations   of   fraud,   waste,   abuse,
10    mismanagement,    misconduct,    nonfeasance,    misfeasance,
11    malfeasance, or violations of this Act or violations of other
12    related laws and rules.
13        (d)  The   minimum   compensation   for   each  Executive
14    Inspector General shall be determined by the Executive Ethics
15    Commission.  The  actual  compensation  for  each   Executive
16    Inspector  General  shall  be  determined  by  the appointing
17    executive branch constitutional officer and  must  be  at  or
18    above  the  minimum  compensation  level set by the Executive
19    Ethics Commission. Subject to Section 20-45 of this Act, each
20    Executive Inspector General has full  authority  to  organize
21    his  or  her  Office  of  the  Executive  Inspector  General,
22    including   the   employment   and   determination   of   the
23    compensation  of  staff,  such  as  deputies, assistants, and
24    other  employees,  as  appropriations  permit.   A   separate
25    appropriation  shall  be  made  for  each Office of Executive
26    Inspector General.
27        (e)  No Executive Inspector General or  employee  of  the
28    Office  of the Executive Inspector General may, during his or
29    her term of appointment or employment:
30             (1)  become a candidate for any elective office;
31             (2)  hold any  other  elected  or  appointed  public
32        office  except  for appointments on governmental advisory
33        boards or study commissions  or  as  otherwise  expressly
34        authorized by law;
 
                            -28-     LRB093 03133 JAM 20243 a
 1             (3)  be  actively  involved  in  the  affairs of any
 2        political party or political organization; or
 3             (4)  actively participate in any  campaign  for  any
 4        elective office.
 5        In  this  subsection  an  appointed public office means a
 6    position authorized by law that is filled  by  an  appointing
 7    authority  as provided by law and does not include employment
 8    by hiring in the ordinary course of business.
 9        (e-1)  No Executive Inspector General or employee of  the
10    Office  of  the Executive Inspector General may, for one year
11    after  the  termination  of  his  or   her   appointment   or
12    employment:
13             (1)  become a candidate for any elective office;
14             (2)  hold any elected public office; or
15             (3)  hold  any  appointed  State,  county,  or local
16        judicial office.
17        (e-2)  The requirements of item (3) of  subsection  (e-1)
18    may be waived by the Executive Ethics Commission.
19        (f)  An  Executive  Inspector General may be removed only
20    for  cause  and  may  be  removed  only  by  the   appointing
21    constitutional  officer.  At  the  time  of  the removal, the
22    appointing  constitutional  officer  must   report   to   the
23    Executive   Ethics   Commission  the  justification  for  the
24    removal.

25        (93 HB3412enr. Sec. 20-15 new)
26        Sec. 20-15. Duties of the Executive Ethics Commission. In
27    addition to duties otherwise assigned by law,  the  Executive
28    Ethics Commission shall have the following duties:
29        (1)  To promulgate rules governing the performance of its
30    duties and the exercise  of  its  powers  and  governing  the
31    investigations  of  the  Executive  Inspectors General. It is
32    declared to be in the public interest,  safety,  and  welfare
33    that  the Commission adopt emergency rules under the Illinois
 
                            -29-     LRB093 03133 JAM 20243 a
 1    Administrative Procedure Act to initially perform its  duties
 2    under this subsection.
 3        (2)  To  conduct  administrative  hearings  and  rule  on
 4    matters  brought  before the Commission only upon the receipt
 5    of pleadings filed by an Executive Inspector General and  not
 6    upon  its  own prerogative, but may appoint special Executive
 7    Inspectors General as provided in Section  20-21.  Any  other
 8    allegations  of  misconduct received by the Commission from a
 9    person other than an Executive  Inspector  General  shall  be
10    referred to the Office of the appropriate Executive Inspector
11    General.
12        (3)  To  prepare  and  publish  manuals  and  guides and,
13    working with the Office  of  the  Attorney  General,  oversee
14    training  of  employees  under its jurisdiction that explains
15    their duties.
16        (4) To prepare public information materials to facilitate
17    compliance, implementation, and enforcement of this Act.
18        (5) To submit reports as required by this Act.
19        (6) To  the  extent  authorized  by  this  Act,  to  make
20    rulings,  issue  recommendations,  and  impose administrative
21    fines, if appropriate, in connection with the  implementation
22    and  interpretation of this Act. The powers and duties of the
23    Commission are limited to matters clearly within the  purview
24    of this Act.
25        (7)  To  issue  subpoenas with respect to matters pending
26    before the Commission, subject  to  the  provisions  of  this
27    Article  and  in  the discretion of the Commission, to compel
28    the attendance of witnesses for purposes of testimony and the
29    production of documents and other items  for  inspection  and
30    copying.
31        (8)  To  appoint  special Executive Inspectors General as
32    provided in Section 20-21.

33        (93 HB3412enr. Sec. 20-20 new)
 
                            -30-     LRB093 03133 JAM 20243 a
 1        Sec. 20-20. Duties of the Executive  Inspectors  General.
 2    In  addition  to  duties  otherwise  assigned  by  law,  each
 3    Executive Inspector General shall have the following duties:
 4        (1)  To receive and investigate allegations of violations
 5    of  this  Act.  The  Executive  Inspector General may receive
 6    information through the Office  of  any  Executive  Inspector
 7    General or through an ethics commission. An investigation may
 8    be  conducted only in response to information reported to the
 9    Executive Inspector General as provided in this  Section  and
10    not  upon  his or her own prerogative. Allegations may not be
11    made anonymously. An investigation may not be initiated  more
12    than  one  year  after  the  most  recent  act of the alleged
13    violation or of a series of alleged violations  except  where
14    there   is   reasonable  cause  to  believe  that  fraudulent
15    concealment   has   occurred.    To   constitute   fraudulent
16    concealment sufficient to toll this limitations period, there
17    must be an affirmative act or  representation  calculated  to
18    prevent  discovery of the fact that a violation has occurred.
19    The Executive Inspector General shall have the discretion  to
20    determine the appropriate means of investigation as permitted
21    by law.
22        (2)  To  request information relating to an investigation
23    from any person when the Executive  Inspector  General  deems
24    that information necessary in conducting an investigation.
25        (3)  To  issue  subpoenas  to  compel  the  attendance of
26    witnesses for the purposes of  testimony  and  production  of
27    documents  and  other items for inspection and copying and to
28    make service of those subpoenas and  subpoenas  issued  under
29    item (7) of Section 20-15.
30        (4)  To submit reports as required by this Act.
31        (5)  To  file  pleadings  in  the  name  of the Executive
32    Inspector  General  with  the  Executive  Ethics  Commission,
33    through the Attorney General, as provided in this Article  if
34    the  Attorney  General  finds that reasonable cause exists to
 
                            -31-     LRB093 03133 JAM 20243 a
 1    believe that a violation has occurred.
 2        (6)  To assist and coordinate  the  ethics  officers  for
 3    State  agencies  under  the  jurisdiction  of  the  Executive
 4    Inspector General and to work with those ethics officers.
 5        (7)  To  participate  in  or  conduct,  when appropriate,
 6    multi-jurisdictional investigations.
 7        (8)  To request, as the Executive Inspector General deems
 8    appropriate, from ethics officers of State agencies under his
 9    or her  jurisdiction,  reports  or  information  on  (i)  the
10    content  of a State agency's ethics training program and (ii)
11    the  percentage  of  new  officers  and  employees  who  have
12    completed ethics training.

13        (93 HB3412enr. Sec. 20-21 new)
14        Sec. 20-21.  Special Executive Inspectors General.
15        (a)  The  Executive  Ethics  Commission,   on   its   own
16    initiative   and   by  majority  vote,  may  appoint  special
17    Executive  Inspectors  General  (i)  to  investigate  alleged
18    violations of this Act if an investigation by  the  Inspector
19    General   was   not  concluded  within  6  months  after  its
20    initiation, where the Commission  finds  that  the  Inspector
21    General's reasons under Section 20-65 for failing to complete
22    the   investigation  are  insufficient  and  (ii)  to  accept
23    referrals from the Commission of allegations made pursuant to
24    this  Act  concerning  an  Executive  Inspector  General   or
25    employee  of  an Office of an Executive Inspector General and
26    to investigate those allegations.
27        (b)  A special Executive Inspector General must have  the
28    same   qualifications   as  an  Executive  Inspector  General
29    appointed under Section 20-10.
30        (c)  The Commission's appointment of a special  Executive
31    Inspector  General  must  be  in writing and must specify the
32    duration and purpose of the appointment.
33        (d)  A special Executive Inspector General shall have the
 
                            -32-     LRB093 03133 JAM 20243 a
 1    same powers and duties with respect to the purpose of his  or
 2    her  appointment  as an Executive Inspector General appointed
 3    under Section 20-10.
 4        (e)  A special Executive Inspector General  shall  report
 5    the findings of his or her investigation to the Commission.
 6        (f)  The  Commission may report the findings of a special
 7    Executive Inspector General and its recommendations, if  any,
 8    to  the  appointing  authority  of  the appropriate Executive
 9    Inspector General.

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

29        (93 HB3412enr. Sec. 20-35 new)
30        Sec. 20-35. Administrative subpoena; compliance. A person
31    duly  subpoenaed for testimony, documents, or other items who
32    neglects or refuses to testify or produce documents or  other
 
                            -33-     LRB093 03133 JAM 20243 a
 1    items under the requirements of the subpoena shall be subject
 2    to  punishment  as  may be determined by a court of competent
 3    jurisdiction.  Nothing in this Section  limits  or  alters  a
 4    person's  existing  rights  or  protections  under  State  or
 5    federal law.

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

19        (93 HB3412enr. Sec. 20-45 new)
20        Sec. 20-45. Standing; representation.
21        (a)  Only  an  Executive  Inspector  General  may   bring
22    actions before the Executive Ethics Commission.
23        (b)  The  Attorney  General  shall represent an Executive
24    Inspector General in all proceedings before  the  Commission.
25    Whenever the Attorney General is sick or absent, or unable to
26    attend,  or  is  interested in any matter or proceeding under
27    this Act, upon the filing of a petition  under  seal  by  any
28    person  with  standing, the Supreme Court (or any other court
29    of competent jurisdiction as  designated  and  determined  by
30    rule  of  the  Supreme  Court)  may  appoint   some competent
31    attorney to prosecute or defend that  matter  or  proceeding,
32    and  the  attorney so appointed shall have the same power and
 
                            -34-     LRB093 03133 JAM 20243 a
 1    authority in relation to that matter  or  proceeding  as  the
 2    Attorney  General  would have had if present and attending to
 3    the same.
 4        (c)  Attorneys  representing  an  Inspector  General   in
 5    proceedings before the Executive Ethics Commission, except an
 6    attorney  appointed  under subsection (b), shall be appointed
 7    or retained by the  Attorney  General,  shall  be  under  the
 8    supervision,  direction, and control of the Attorney General,
 9    and shall serve at the pleasure of the Attorney General.  The
10    compensation  of  any  attorneys  appointed  or  retained  in
11    accordance  with  this  subsection or subsection (b) shall be
12    paid by the appropriate Office  of  the  Executive  Inspector
13    General.

14        (93 HB3412enr. Sec. 20-50 new)
15        Sec. 20-50.  Investigation reports; complaint procedure.
16        (a)  If   an   Executive   Inspector  General,  upon  the
17    conclusion of an investigation,  determines  that  reasonable
18    cause  exists  to believe that a violation has occurred, then
19    the Executive Inspector General shall issue a summary  report
20    of  the  investigation.  The report shall be delivered to the
21    appropriate ultimate jurisdictional authority and to the head
22    of  each  State  agency  affected  by  or  involved  in   the
23    investigation, if appropriate.
24        (b)  The   summary  report  of  the  investigation  shall
25    include the following:
26             (1)  A  description  of  any  allegations  or  other
27        information received by the Executive  Inspector  General
28        pertinent to the investigation.
29             (2)  A   description   of   any  alleged  misconduct
30        discovered in the course of the investigation.
31             (3)  Recommendations   for   any    corrective    or
32        disciplinary  action  to  be  taken  in  response  to any
33        alleged misconduct described in the report, including but
 
                            -35-     LRB093 03133 JAM 20243 a
 1        not limited to discharge.
 2             (4)  Other  information  the   Executive   Inspector
 3        General  deems relevant to the investigation or resulting
 4        recommendations.
 5        (c)  Not less than 30 days after delivery of the  summary
 6    report  of  an  investigation  under  subsection  (a), if the
 7    Executive Inspector General desires to file  a  petition  for
 8    leave  to  file  a complaint, the Executive Inspector General
 9    shall notify the Commission and the Attorney General. If  the
10    Attorney  General  determines that reasonable cause exists to
11    believe that a violation has  occurred,  then  the  Executive
12    Inspector  General,  represented by the Attorney General, may
13    file with the Executive  Ethics  Commission  a  petition  for
14    leave  to file a complaint. The petition shall set  forth the
15    alleged violation and the grounds that exist to  support  the
16    petition.  The petition for leave to file a complaint must be
17    filed with the Commission within 18  months  after  the  most
18    recent act of the alleged violation or of a series of alleged
19    violations  except where there is reasonable cause to believe
20    that fraudulent  concealment  has  occurred.   To  constitute
21    fraudulent  concealment  sufficient  to toll this limitations
22    period, there must be an affirmative  act  or  representation
23    calculated  to prevent discovery of the fact that a violation
24    has occurred. If a petition for leave to file a complaint  is
25    not filed with the Commission within 6 months after notice by
26    the  Inspector  General  to  the  Commission and the Attorney
27    General, then  the  Commission  may  set  a  meeting  of  the
28    Commission  at  which  the  Attorney General shall appear and
29    provide a status report to the Commission.
30        (d)  A copy  of  the  petition  must  be  served  on  all
31    respondents  named  in the complaint and on each respondent's
32    ultimate jurisdictional  authority  in  the  same  manner  as
33    process is served under the Code of Civil Procedure.
34        (e)  A respondent may file objections to the petition for
 
                            -36-     LRB093 03133 JAM 20243 a
 1    leave  to file a complaint within 30 days after notice of the
 2    petition has been served on the respondent.
 3        (f)  The Commission shall meet, either in  person  or  by
 4    telephone,  in  a closed session to review the sufficiency of
 5    the complaint. If the  Commission  finds  that  complaint  is
 6    sufficient, the Commission shall grant the petition for leave
 7    to  file  the complaint. The Commission shall issue notice to
 8    the Executive Inspector General and all  respondents  of  the
 9    Commission's  ruling  on the sufficiency of the complaint. If
10    the complaint is deemed to sufficiently allege a violation of
11    this Act, then the Commission shall notify  the  parties  and
12    shall  include  a hearing date scheduled within 4 weeks after
13    the date of the notice, unless all of the parties consent  to
14    a  later date. If the complaint is deemed not to sufficiently
15    allege  a  violation,  then  the  Commission  shall  send  by
16    certified mail, return receipt requested,  a  notice  to  the
17    parties of the decision to dismiss the complaint.
18        (g)  On the scheduled date the Commission shall conduct a
19    closed  meeting, either in person or, if the parties consent,
20    by telephone, on the complaint  and  allow  all  parties  the
21    opportunity  to  present  testimony  and  evidence.  All such
22    proceedings shall be transcribed.
23        (h)  Within an appropriate time limit set by rules of the
24    Executive Ethics Commission, the Commission shall (i) dismiss
25    the complaint or (ii) issue a recommendation of discipline to
26    the respondent and the respondent's  ultimate  jurisdictional
27    authority   or   impose   an  administrative  fine  upon  the
28    respondent, or both.
29        (i)  The proceedings on  any  complaint  filed  with  the
30    Commission  shall  be conducted pursuant to rules promulgated
31    by the Commission.
32        (j)  The Commission may  designate  hearing  officers  to
33    conduct proceedings as determined by rule of the Commission.
34        (k)  In   all  proceedings  before  the  Commission,  the
 
                            -37-     LRB093 03133 JAM 20243 a
 1    standard of proof is by a preponderance of the evidence.
 2        (l)  When the Inspector General concludes that  there  is
 3    insufficient  evidence  that  a  violation  has occurred, the
 4    Inspector General  shall  close  the  investigation.  At  the
 5    request  of  the  subject of the investigation, the Inspector
 6    General shall provide a written statement to the  subject  of
 7    the  investigation  and  to  the  Commission of the Inspector
 8    General's decision to close the investigation. Closure by the
 9    Inspector General does not bar  the  Inspector  General  from
10    resuming the investigation if circumstances warrant.

11        (93 HB3412enr. Sec. 20-55 new)
12        Sec. 20-55. Decisions; recommendations.
13        (a)  All  decisions  of  the  Executive Ethics Commission
14    must include a description of  the  alleged  misconduct,  the
15    decision  of  the  Commission, including any fines levied and
16    any recommendation of discipline, and the reasoning for  that
17    decision.  All decisions of the Commission shall be delivered
18    to the head of the appropriate State agency, the  appropriate
19    ultimate   jurisdictional   authority,  and  the  appropriate
20    Executive Inspector General. The Executive Ethics  Commission
21    shall  promulgate  rules  for the decision and recommendation
22    process.
23        (b)  If  the  Executive  Ethics   Commission   issues   a
24    recommendation  of  discipline  to an agency head or ultimate
25    jurisdictional  authority,  that  agency  head  or   ultimate
26    jurisdictional  authority must respond to that recommendation
27    in 30 days with a written response to  the  Executive  Ethics
28    Commission.  This  response  must  include  any  disciplinary
29    action  the  agency head or ultimate jurisdictional authority
30    has  taken  with  respect  to  the  officer  or  employee  in
31    question. If  the  agency  head  or  ultimate  jurisdictional
32    authority  did  not  take  any disciplinary action, or took a
33    different disciplinary action than that  recommended  by  the
 
                            -38-     LRB093 03133 JAM 20243 a
 1    Executive  Ethics  Commission,  the  agency  head or ultimate
 2    jurisdictional authority must describe the  different  action
 3    and  explain  the  reasons  for  the  different action in the
 4    written response. This  response  must  be  served  upon  the
 5    Executive  Ethics  Commission  and  the appropriate Executive
 6    Inspector General within the 30-day period and is not  exempt
 7    from the provisions of the Freedom of Information Act.

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

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

23        (93 HB3412enr. Sec. 20-70 new)
24        Sec. 20-70. Cooperation in investigations. It is the duty
25    of  every  officer  and employee under the jurisdiction of an
26    Executive Inspector General, including any inspector  general
27    serving  in  any  State agency under the jurisdiction of that
28    Executive Inspector General, to cooperate with the  Executive
29    Inspector General in any investigation undertaken pursuant to
30    this  Act.  Failure to cooperate with an investigation of the
31    Executive  Inspector  General  is  grounds  for  disciplinary
 
                            -39-     LRB093 03133 JAM 20243 a
 1    action, including dismissal. Nothing in this  Section  limits
 2    or  alters  a  person's  existing rights or protections under
 3    State or federal law.

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

16        (93 HB3412enr. Sec. 20-85 new)
17        Sec. 20-85.  Quarterly  reports  by  Executive  Inspector
18    General.   Each  Executive  Inspector  General  shall  submit
19    quarterly  reports  to  the  appropriate   executive   branch
20    constitutional  officer  and the Executive Ethics Commission,
21    on dates  determined  by  the  Executive  Ethics  Commission,
22    indicating:
23             (1)  the  number  of  allegations received since the
24        date of the last report;
25             (2)  the number of  investigations  initiated  since
26        the date of the last report;
27             (3)  the  number  of  investigations concluded since
28        the date of the last report;
29             (4)  the number of investigations pending as of  the
30        reporting date;
31             (5)  the  number  of  complaints  forwarded  to  the
32        Attorney General since the date of the last report; and
 
                            -40-     LRB093 03133 JAM 20243 a
 1             (6)  the  number of actions filed with the Executive
 2        Ethics Commission since the date of the last  report  and
 3        the number of actions pending before the Executive Ethics
 4        Commission as of the reporting date.

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

19        (93 HB3412enr. Sec. 20-90 new)
20        Sec. 20-90. Confidentiality.
21        (a)  The identity of any individual providing information
22    or  reporting  any  possible  or  alleged  misconduct  to  an
23    Executive  Inspector  General   or   the   Executive   Ethics
24    Commission   shall  be  kept  confidential  and  may  not  be
25    disclosed without the consent of that individual, unless  the
26    individual  consents  to  disclosure  of  his  or her name or
27    disclosure of the individual's identity is otherwise required
28    by law. The confidentiality granted by this  subsection  does
29    not  preclude  the  disclosure of the identity of a person in
30    any capacity other than as the source of an allegation.
31        (b)  Subject  to  the  provisions  of  Section  20-50(c),
32    commissioners, employees, and agents of the Executive  Ethics
 
                            -41-     LRB093 03133 JAM 20243 a
 1    Commission,  the  Executive Inspectors General, and employees
 2    and agents of each Office of an Executive  Inspector  General
 3    shall  keep  confidential  and shall not disclose information
 4    exempted from disclosure under the Freedom of Information Act
 5    or by this Act.

 6        (93 HB3412enr. Sec. 20-95 new)
 7        Sec. 20-95. Exemptions.
 8        (a)  Documents generated by an ethics officer under  this
 9    Act,  except  Section 5-50, are exempt from the provisions of
10    the Freedom of Information Act.
11        (b)  Any allegations and related documents  submitted  to
12    an  Executive Inspector General and any pleadings and related
13    documents brought before the Executive Ethics Commission  are
14    exempt  from the provisions of the Freedom of Information Act
15    so long as the Executive Ethics Commission does  not  make  a
16    finding  of  a violation of this Act. If the Executive Ethics
17    Commission finds that a violation has  occurred,  the  entire
18    record of proceedings before the Commission, the decision and
19    recommendation, and the mandatory report from the agency head
20    or  ultimate jurisdictional authority to the Executive Ethics
21    Commission are not exempt from the provisions of the  Freedom
22    of  Information Act but information contained therein that is
23    otherwise exempt from the Freedom of Information Act must  be
24    redacted  before  disclosure  as provided in Section 8 of the
25    Freedom of Information Act.
26        (c)  Meetings of the Commission under Sections  20-5  and
27    20-15  of this Act are exempt from the provisions of the Open
28    Meetings Act.
29        (d)  Unless  otherwise  provided   in   this   Act,   all
30    investigatory files and reports of the Office of an Executive
31    Inspector   General,   other   than  quarterly  reports,  are
32    confidential, are exempt from disclosure under the Freedom of
33    Information Act, and shall not be divulged to any  person  or
 
                            -42-     LRB093 03133 JAM 20243 a
 1    agency,  except  as  necessary  (i)  to  the  appropriate law
 2    enforcement authority if the matter is referred  pursuant  to
 3    this  Act, (ii) to the ultimate jurisdiction authority, (iii)
 4    to the  Executive  Ethics  Commission;  or  (iv)  to  another
 5    Inspector General appointed pursuant to this Act.

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

10        (93 HB3412enr. Sec. 25-5 new)
11        Sec. 25-5. Legislative Ethics Commission.
12        (a) The Legislative Ethics Commission is created.
13        (b)  The Legislative Ethics Commission shall consist of 8
14    commissioners appointed 2 each by the President and  Minority
15    Leader  of  the Senate and the Speaker and Minority Leader of
16    the House of Representatives.
17        The terms of the  initial  commissioners  shall  commence
18    upon qualification. Each appointing authority shall designate
19    one  appointee  who  shall  serve  for  a 2-year term running
20    through  June  30,  2005.  Each  appointing  authority  shall
21    designate one appointee who shall serve  for  a  4-year  term
22    running through June 30, 2007. The initial appointments shall
23    be made within 60 days after the effective date of this Act.
24        After  the  initial  terms, commissioners shall serve for
25    4-year terms commencing on July 1 of the year of  appointment
26    and  running  through  June  30 of the fourth following year.
27    Commissioners may be reappointed to one  or  more  subsequent
28    terms.
29        Vacancies occurring other than at the end of a term shall
30    be filled by the appointing authority only for the balance of
31    the term of the commissioner whose office is vacant.
32        Terms  shall  run  regardless  of whether the position is
 
                            -43-     LRB093 03133 JAM 20243 a
 1    filled.
 2        (c)   The   appointing    authorities    shall    appoint
 3    commissioners who have experience holding governmental office
 4    or  employment  and may appoint commissioners who are members
 5    of the General Assembly as well  as  commissioners  from  the
 6    general public. A commissioner who is a member of the General
 7    Assembly must recuse himself or herself from participating in
 8    any  matter  relating  to  any investigation or proceeding in
 9    which he or she is the subject. A person is not  eligible  to
10    serve as a commissioner if that person (i) has been convicted
11    of a felony or a crime of dishonesty or moral turpitude, (ii)
12    is,  or  was  within  the  preceding  12  months,  engaged in
13    activities  that  require  registration  under  the  Lobbyist
14    Registration Act, (iii)  is  a  relative  of  the  appointing
15    authority,  or (iv) is a State officer or employee other than
16    a member of the General Assembly.
17        (d)  The  Legislative  Ethics   Commission   shall   have
18    jurisdiction  over  members  of the General Assembly and  all
19    State employees whose ultimate  jurisdictional  authority  is
20    (i)   a   legislative  leader,  (ii)  the  Senate  Operations
21    Commission, or  (iii)  the  Joint  Committee  on  Legislative
22    Support  Services.  The  jurisdiction  of  the  Commission is
23    limited to matters arising under this Act.
24        (e)  The Legislative Ethics Commission must meet,  either
25    in  person  or  by  other  technological means, monthly or as
26    often as necessary. At the first meeting of  the  Legislative
27    Ethics  Commission, the commissioners shall choose from their
28    number a  chairperson  and  other  officers  that  they  deem
29    appropriate.  The  terms  of  officers  shall  be for 2 years
30    commencing July 1 and running through June 30 of  the  second
31    following  year.  Meetings  shall  be held at the call of the
32    chairperson or any 3 commissioners. Official  action  by  the
33    Commission   shall   require   the   affirmative  vote  of  5
34    commissioners, and a quorum shall consist of 5 commissioners.
 
                            -44-     LRB093 03133 JAM 20243 a
 1    Commissioners  shall  receive  no  compensation  but  may  be
 2    reimbursed for their reasonable expenses actually incurred in
 3    the performance of their duties.
 4        (f)  No commissioner, other than a commissioner who is  a
 5    member   of   the   General  Assembly,  or  employee  of  the
 6    Legislative Ethics Commission may during his or her  term  of
 7    appointment or employment:
 8             (1) become a candidate for any elective office;
 9             (2)  hold  any  other  elected  or  appointed public
10        office except for appointments on  governmental  advisory
11        boards  or  study  commissions  or as otherwise expressly
12        authorized by law;
13             (3) be actively  involved  in  the  affairs  of  any
14        political party or political organization; or
15             (4)  actively  participate  in  any campaign for any
16        elective office.
17        (g) An appointing authority  may  remove  a  commissioner
18    only for cause.
19        (h)  The  Legislative  Ethics Commission shall appoint an
20    Executive  Director.  The  compensation  of   the   Executive
21    Director  shall  be as determined by the Commission or by the
22    Compensation Review Board, whichever amount  is  higher.  The
23    Executive  Director  of the Legislative Ethics Commission may
24    employ  and  determine  the   compensation   of   staff,   as
25    appropriations permit.

26        (93 HB3412enr. Sec. 25-10 new)
27        Sec. 25-10. Office of Legislative Inspector General.
28        (a)  The  independent Office of the Legislative Inspector
29    General is created. The Office shall be under  the  direction
30    and  supervision  of  the  Legislative  Inspector General and
31    shall  be  a  fully   independent   office   with   its   own
32    appropriation.
33        (b)  The Legislative Inspector General shall be appointed
 
                            -45-     LRB093 03133 JAM 20243 a
 1    without  regard  to  political  affiliation and solely on the
 2    basis of integrity and demonstrated ability. The  Legislative
 3    Ethics  Commission  shall  diligently  search  out  qualified
 4    candidates  for  Legislative Inspector General and shall make
 5    recommendations to the General Assembly.
 6        The Legislative Inspector General shall be appointed by a
 7    joint  resolution  of   the   Senate   and   the   House   of
 8    Representatives,  which  may  specify  the  date on which the
 9    appointment  takes  effect.  A  joint  resolution,  or  other
10    document as may be  specified  by  the  Joint  Rules  of  the
11    General   Assembly,   appointing  the  Legislative  Inspector
12    General must be certified by the  Speaker  of  the  House  of
13    Representatives  and  the  President  of the Senate as having
14    been adopted by the affirmative vote of three-fifths  of  the
15    members  elected  to  each  house, respectively, and be filed
16    with  the  Secretary  of  State.  The  appointment   of   the
17    Legislative  Inspector  General  takes  effect on the day the
18    appointment is completed by the General Assembly, unless  the
19    appointment  specifies  a later date on which it is to become
20    effective.
21        The  Legislative  Inspector  General   shall   have   the
22    following qualifications:
23             (1)  has not been convicted  of any felony under the
24        laws of this State, another State, or the United States;
25             (2)  has  earned  a  baccalaureate  degree  from  an
26        institution of higher education; and
27             (3)  has  5  or more years of cumulative service (A)
28        with a federal, State, or local law  enforcement  agency,
29        at  least  2  years  of  which have been in a progressive
30        investigatory capacity; (B) as a federal, State, or local
31        prosecutor; (C) as a senior manager  or  executive  of  a
32        federal,  State,  or  local  agency;  (D) as a member, an
33        officer, or a State or federal judge; or (E) representing
34        any combination of (A) through (D).
 
                            -46-     LRB093 03133 JAM 20243 a
 1        The Legislative Inspector General may not be  a  relative
 2    of a commissioner.
 3        The  term  of  the  initial Legislative Inspector General
 4    shall commence upon qualification and shall run through  June
 5    30, 2008.
 6        After the initial term, the Legislative Inspector General
 7    shall serve for 5-year terms commencing on July 1 of the year
 8    of  appointment  and  running  through  June  30 of the fifth
 9    following year. The  Legislative  Inspector  General  may  be
10    reappointed to one or more subsequent terms.
11        A vacancy occurring other than at the end of a term shall
12    be  filled  in the same manner as an appointment only for the
13    balance of the term  of  the  Legislative  Inspector  General
14    whose office is vacant.
15        Terms  shall  run  regardless  of whether the position is
16    filled.
17        (c)  The  Legislative  Inspector   General   shall   have
18    jurisdiction over the members of the General Assembly and all
19    State  employees  whose  ultimate jurisdictional authority is
20    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
21    Commission,  or  (iii)  the  Joint  Committee  on Legislative
22    Support Services.
23        The jurisdiction of each Legislative Inspector General is
24    to  investigate   allegations   of   fraud,   waste,   abuse,
25    mismanagement,    misconduct,    nonfeasance,    misfeasance,
26    malfeasance, or violations of this Act or violations of other
27    related laws and rules.
28        (d)  The   compensation   of  the  Legislative  Inspector
29    General shall be the greater of an amount (i)  determined  by
30    the  Commission  or  (ii)  by joint resolution of the General
31    Assembly passed by a majority  of  members  elected  in  each
32    chamber.   Subject   to   Section  25-45  of  this  Act,  the
33    Legislative Inspector General has full authority to  organize
34    the  Office  of  the Legislative Inspector General, including
 
                            -47-     LRB093 03133 JAM 20243 a
 1    the employment  and  determination  of  the  compensation  of
 2    staff,  such as deputies, assistants, and other employees, as
 3    appropriations permit.
 4        (e)  No Legislative Inspector General or employee of  the
 5    Office  of  the Legislative Inspector General may, during his
 6    or her term of appointment or employment:
 7             (1)  become a candidate for any elective office;
 8             (2)  hold any  other  elected  or  appointed  public
 9        office  except  for appointments on governmental advisory
10        boards or study commissions  or  as  otherwise  expressly
11        authorized by law;
12             (3)  be  actively  involved  in  the  affairs of any
13        political party or political organization; or
14             (4)  actively participate in any  campaign  for  any
15        elective office.
16        In  this  subsection  an  appointed public office means a
17    position authorized by law that is filled  by  an  appointing
18    authority  as provided by law and does not include employment
19    by hiring in the ordinary course of business.
20        (e-1)  No Legislative Inspector General  or  employee  of
21    the  Office of the Legislative Inspector General may, for one
22    year after the termination  of  his  or  her  appointment  or
23    employment:
24             (1)  become a candidate for any elective office;
25             (2)  hold any elected public office; or
26             (3)  hold  any  appointed  State,  county,  or local
27        judicial office.
28        (e-2)  The requirements of item (3) of  subsection  (e-1)
29    may be waived by the Legislative Ethics Commission.
30        (f)  The  Commission may remove the Legislative Inspector
31    General only for cause.  At the  time  of  the  removal,  the
32    Commission   must   report   to   the  General  Assembly  the
33    justification for the removal.
 
                            -48-     LRB093 03133 JAM 20243 a
 1        (93 HB3412enr. Sec. 25-15 new)
 2        Sec. 25-15. Duties of the Legislative Ethics  Commission.
 3    In   addition  to  duties  otherwise  assigned  by  law,  the
 4    Legislative  Ethics  Commission  shall  have  the   following
 5    duties:
 6        (1)  To promulgate rules governing the performance of its
 7    duties and the exercise  of  its  powers  and  governing  the
 8    investigations of the Legislative Inspector General.
 9        (2)  To  conduct  administrative  hearings  and  rule  on
10    matters  brought  before the Commission only upon the receipt
11    of pleadings filed by the Legislative Inspector  General  and
12    not  upon  its  own  prerogative,  but  may  appoint  special
13    Legislative  Inspectors General as provided in Section 25-21.
14    Any  other  allegations  of  misconduct   received   by   the
15    Commission from a person other than the Legislative Inspector
16    General  shall  be  referred to the Office of the Legislative
17    Inspector General.
18        (3) To  prepare  and  publish  manuals  and  guides  and,
19    working  with  the  Office  of  the Attorney General, oversee
20    training of employees under its  jurisdiction  that  explains
21    their duties.
22        (4) To prepare public information materials to facilitate
23    compliance, implementation, and enforcement of this Act.
24        (5) To submit reports as required by this Act.
25        (6)  To  the  extent  authorized  by  this  Act,  to make
26    rulings, issue  recommendations,  and  impose  administrative
27    fines,  if appropriate, in connection with the implementation
28    and interpretation of this Act. The powers and duties of  the
29    Commission  are limited to matters clearly within the purview
30    of this Act.
31        (7) To issue subpoenas with respect  to  matters  pending
32    before  the  Commission,  subject  to  the provisions of this
33    Article and in the discretion of the  Commission,  to  compel
34    the attendance of witnesses for purposes of testimony and the
 
                            -49-     LRB093 03133 JAM 20243 a
 1    production  of  documents  and other items for inspection and
 2    copying.
 3        (8)  To appoint special Legislative Inspectors General as
 4    provided in Section 25-21.

 5        (93 HB3412enr. Sec. 25-20 new)
 6        Sec. 25-20. Duties of the Legislative Inspector  General.
 7    In   addition  to  duties  otherwise  assigned  by  law,  the
 8    Legislative  Inspector  General  shall  have  the   following
 9    duties:
10        (1)  To receive and investigate allegations of violations
11    of  this  Act.  The Legislative Inspector General may receive
12    information through the Office of the  Legislative  Inspector
13    General or through an ethics commission. An investigation may
14    be  conducted only in response to information reported to the
15    Legislative Inspector General as provided in this Section and
16    not upon his or her own prerogative. Allegations may  not  be
17    made  anonymously. An investigation may not be initiated more
18    than one year after  the  most  recent  act  of  the  alleged
19    violation  or  of a series of alleged violations except where
20    there  is  reasonable  cause  to  believe   that   fraudulent
21    concealment   has   occurred.    To   constitute   fraudulent
22    concealment sufficient to toll this limitations period, there
23    must  be  an  affirmative act or representation calculated to
24    prevent discovery of the fact that a violation has  occurred.
25    The  Legislative  Inspector General shall have the discretion
26    to  determine  the  appropriate  means  of  investigation  as
27    permitted by law.
28        (2)  To request information relating to an  investigation
29    from  any person when the Legislative Inspector General deems
30    that information necessary in conducting an investigation.
31        (3)  To issue subpoenas, with the advance approval of the
32    Commission, to compel the attendance  of  witnesses  for  the
33    purposes  of  testimony and production of documents and other
 
                            -50-     LRB093 03133 JAM 20243 a
 1    items for inspection and copying and to make service of those
 2    subpoenas and subpoenas issued  under  item  (7)  of  Section
 3    25-15.
 4        (4)  To submit reports as required by this Act.
 5        (5)  To  file  pleadings  in  the name of the Legislative
 6    Inspector General with  the  Legislative  Ethics  Commission,
 7    through  the Attorney General, as provided in this Article if
 8    the Attorney General finds that reasonable  cause  exists  to
 9    believe that a violation has occurred.
10        (6)  To  assist  and  coordinate  the ethics officers for
11    State agencies under  the  jurisdiction  of  the  Legislative
12    Inspector General and to work with those ethics officers.
13        (7)  To  participate  in  or  conduct,  when appropriate,
14    multi-jurisdictional investigations.
15        (8)  To request, as  the  Legislative  Inspector  General
16    deems  appropriate,  from  ethics  officers of State agencies
17    under his or her  jurisdiction, reports or information on (i)
18    the content of a State agency's ethics training  program  and
19    (ii)  the  percentage  of new officers and employees who have
20    completed ethics training.

21        (93 HB3412enr. Sec. 25-21 new)
22        Sec. 25-21.  Special Legislative Inspectors General.
23        (a)  The  Legislative  Ethics  Commission,  on  its   own
24    initiative   and   by  majority  vote,  may  appoint  special
25    Legislative Inspectors General  (i)  to  investigate  alleged
26    violations  of this Act, if an investigation by the Inspector
27    General  was  not  concluded  within  6  months   after   its
28    initiation,  where  the  Commission  finds that the Inspector
29    General's reasons under Section 25-65 for failing to complete
30    the  investigation  are  insufficient  and  (ii)  to   accept
31    referrals from the Commission of allegations made pursuant to
32    this  Act  concerning the Legislative Inspector General or an
33    employee of the Office of the Legislative  Inspector  General
 
                            -51-     LRB093 03133 JAM 20243 a
 1    and to investigate those allegations.
 2        (b)  A  special  Legislative  Inspector General must have
 3    the same qualifications as the Legislative Inspector  General
 4    appointed under Section 25-10.
 5        (c)  The    Commission's   appointment   of   a   special
 6    Legislative Inspector General must be  in  writing  and  must
 7    specify the duration and purpose of the appointment.
 8        (d)  A  special  Legislative Inspector General shall have
 9    the same powers and duties with respect to the purpose of his
10    or her  appointment  as  the  Legislative  Inspector  General
11    appointed under Section 25-10.
12        (e)  A special Legislative Inspector General shall report
13    the findings of his or her investigation to the Commission.
14        (f)  The  Commission may report the findings of a special
15    Legislative Inspector General  and  its  recommendations,  if
16    any, to the General Assembly.

17        (93 HB3412enr. Sec. 25-23 new)
18        Sec.  25-23.  Ethics Officers. The President and Minority
19    Leader of the Senate and the Speaker and Minority  Leader  of
20    the  House  of  Representatives  shall each appoint an ethics
21    officer  for  the  members  and  employees  of  his  or   her
22    legislative  caucus.  No later than January 1, 2004, the head
23    of  each  State  agency  under  the   jurisdiction   of   the
24    Legislative   Ethics   Commission,  other  than  the  General
25    Assembly, shall designate an ethics  officer  for  the  State
26    agency. Ethics Officers shall:
27             (1)  act  as  liaisons  between the State agency and
28        the Legislative Inspector General and between  the  State
29        agency and the Legislative Ethics Commission;
30             (2)  review  statements  of  economic  interest  and
31        disclosure  forms  of  officers,  senior  employees,  and
32        contract   monitors   before  they  are  filed  with  the
33        Secretary of State; and
 
                            -52-     LRB093 03133 JAM 20243 a
 1             (3)  provide guidance to officers and  employees  in
 2        the  interpretation and implementation of this Act, which
 3        the officer or employee may in good faith rely upon. Such
 4        guidance shall be based, wherever  possible,  upon  legal
 5        precedent  in  court  decisions, opinions of the Attorney
 6        General, and the findings and opinions of the Legislative
 7        Ethics Commission.

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

17        (93 HB3412enr. Sec. 25-45 new)
18        Sec. 25-45. Standing; representation.
19        (a)  Only the Legislative  Inspector  General  may  bring
20    actions before the Legislative Ethics Commission.
21        (b)  The Attorney General shall represent the Legislative
22    Inspector  General  in all proceedings before the Commission.
23    Whenever the Attorney General is sick or absent, or unable to
24    attend, or is interested in any matter  or  proceeding  under
25    this  Act,  upon  the  filing of a petition under seal by any
26    person with standing, the Supreme Court (or any  other  court
27    of  competent  jurisdiction  as  designated and determined by
28    rule of the  Supreme  Court)  may  appoint    some  competent
29    attorney  to  prosecute  or defend that matter or proceeding,
30    and the attorney so appointed shall have the same  power  and
31    authority  in  relation  to  that matter or proceeding as the
32    Attorney General would have had if present and  attending  to
 
                            -53-     LRB093 03133 JAM 20243 a
 1    the same.
 2        (c)  Attorneys   representing  an  Inspector  General  in
 3    proceedings before the Legislative Ethics Commission,  except
 4    an   attorney   appointed  under  subsection  (b),  shall  be
 5    appointed or retained by the Attorney General, shall be under
 6    the supervision,  direction,  and  control  of  the  Attorney
 7    General,  and  shall  serve  at  the pleasure of the Attorney
 8    General. The  compensation  of  any  attorneys  appointed  or
 9    retained in accordance with this subsection or subsection (b)
10    shall  be  paid  by  the  Office of the Legislative Inspector
11    General.

12        (93 HB3412enr. Sec. 25-50 new)
13        Sec. 25-50.  Investigation reports; complaint procedure.
14        (a)  If  the  Legislative  Inspector  General,  upon  the
15    conclusion of an investigation,  determines  that  reasonable
16    cause  exists  to believe that a violation has occurred, then
17    the Legislative  Inspector  General  shall  issue  a  summary
18    report of the investigation. The report shall be delivered to
19    the  appropriate ultimate jurisdictional authority and to the
20    head of each State agency affected  by  or  involved  in  the
21    investigation, if appropriate.
22        (b)  The   summary  report  of  the  investigation  shall
23    include the following:
24             (1)  A  description  of  any  allegations  or  other
25        information received by the Legislative Inspector General
26        pertinent to the investigation.
27             (2)  A  description  of   any   alleged   misconduct
28        discovered in the course of the investigation.
29             (3)  Recommendations    for    any   corrective   or
30        disciplinary action  to  be  taken  in  response  to  any
31        alleged misconduct described in the report, including but
32        not limited to discharge.
33             (4)  Other  information  the  Legislative  Inspector
 
                            -54-     LRB093 03133 JAM 20243 a
 1        General  deems relevant to the investigation or resulting
 2        recommendations.
 3        (c)  Not less than 30 days after delivery of the  summary
 4    report  of  an  investigation  under  subsection  (a), if the
 5    Legislative Inspector General desires to file a petition  for
 6    leave  to file a complaint, the Legislative Inspector General
 7    shall notify the Commission and the Attorney General. If  the
 8    Attorney  General  determines that reasonable cause exists to
 9    believe that a violation has occurred, then  the  Legislative
10    Inspector  General,  represented by the Attorney General, may
11    file with the Legislative Ethics Commission  a  petition  for
12    leave  to  file a complaint. The petition shall set forth the
13    alleged violation and the grounds that exist to  support  the
14    petition.  The petition for leave to file a complaint must be
15    filed with the Commission within 18  months  after  the  most
16    recent act of the alleged violation or of a series of alleged
17    violations  except where there is reasonable cause to believe
18    that fraudulent  concealment  has  occurred.   To  constitute
19    fraudulent  concealment  sufficient  to toll this limitations
20    period, there must be an affirmative  act  or  representation
21    calculated  to prevent discovery of the fact that a violation
22    has occurred. If a petition for leave to file a complaint  is
23    not filed with the Commission within 6 months after notice by
24    the  Inspector  General  to  the  Commission and the Attorney
25    General, then  the  Commission  may  set  a  meeting  of  the
26    Commission  at  which  the  Attorney General shall appear and
27    provide a status report to the Commission.
28        (d)  A copy  of  the  petition  must  be  served  on  all
29    respondents  named  in the complaint and on each respondent's
30    ultimate jurisdictional  authority  in  the  same  manner  as
31    process is served under the Code of Civil Procedure.
32        (e)  A respondent may file objections to the petition for
33    leave  to file a complaint within 30 days after notice of the
34    petition has been served on the respondent.
 
                            -55-     LRB093 03133 JAM 20243 a
 1        (f)  The Commission shall meet, either in  person  or  by
 2    telephone,  in  a closed session to review the sufficiency of
 3    the complaint. If the  Commission  finds  that  complaint  is
 4    sufficient, the Commission shall grant the petition for leave
 5    to  file  the complaint. The Commission shall issue notice to
 6    the Legislative Inspector General and all respondents of  the
 7    Commission's  ruling  on the sufficiency of the complaint. If
 8    the complaint is deemed to sufficiently allege a violation of
 9    this Act, then the Commission shall notify  the  parties  and
10    shall  include  a hearing date scheduled within 4 weeks after
11    the date of the notice, unless all of the parties consent  to
12    a  later date. If the complaint is deemed not to sufficiently
13    allege  a  violation,  then  the  Commission  shall  send  by
14    certified mail, return receipt requested,  a  notice  to  the
15    parties of the decision to dismiss the complaint.
16        (g)  On the scheduled date the Commission shall conduct a
17    closed  meeting, either in person or, if the parties consent,
18    by telephone, on the complaint  and  allow  all  parties  the
19    opportunity  to  present  testimony  and  evidence.  All such
20    proceedings shall be transcribed.
21        (h)  Within an appropriate time limit set by rules of the
22    Legislative  Ethics  Commission,  the  Commission  shall  (i)
23    dismiss the complaint  or  (ii)  issue  a  recommendation  of
24    discipline  to  the  respondent and the respondent's ultimate
25    jurisdictional authority or  impose  an  administrative  fine
26    upon the respondent, or both.
27        (i)  The  proceedings  on  any  complaint  filed with the
28    Commission shall be conducted pursuant to  rules  promulgated
29    by the Commission.
30        (j)  The  Commission  may  designate  hearing officers to
31    conduct proceedings as determined by rule of the Commission.
32        (k)  In  all  proceedings  before  the  Commission,   the
33    standard of proof is by a preponderance of the evidence.
34        (l)  When  the  Inspector General concludes that there is
 
                            -56-     LRB093 03133 JAM 20243 a
 1    insufficient evidence that  a  violation  has  occurred,  the
 2    Inspector  General  shall  close  the  investigation.  At the
 3    request of the subject of the  investigation,  the  Inspector
 4    General  shall  provide a written statement to the subject of
 5    the investigation and to  the  Commission  of  the  Inspector
 6    General's decision to close the investigation. Closure by the
 7    Inspector  General  does  not  bar the Inspector General from
 8    resuming the investigation if circumstances warrant.

 9        (93 HB3412enr. Sec. 25-55 new)
10        Sec. 25-55. Decisions; recommendations.
11        (a)  All decisions of the Legislative  Ethics  Commission
12    must  include  a  description  of the alleged misconduct, the
13    decision of the Commission, including any  fines  levied  and
14    any  recommendation of discipline, and the reasoning for that
15    decision. All decisions of the Commission shall be  delivered
16    to  the head of the appropriate State agency, the appropriate
17    ultimate  jurisdictional  authority,  and   the   Legislative
18    Inspector  General.  The  Legislative Ethics Commission shall
19    promulgate rules for the decision and recommendation process.
20        (b)  If  the  Legislative  Ethics  Commission  issues   a
21    recommendation  of  discipline  to an agency head or ultimate
22    jurisdictional  authority,  that  agency  head  or   ultimate
23    jurisdictional  authority must respond to that recommendation
24    in 30 days with a written response to the Legislative  Ethics
25    Commission.  This  response  must  include  any  disciplinary
26    action  the  agency head or ultimate jurisdictional authority
27    has  taken  with  respect  to  the  officer  or  employee  in
28    question. If  the  agency  head  or  ultimate  jurisdictional
29    authority  did  not  take  any disciplinary action, or took a
30    different disciplinary action than that  recommended  by  the
31    Legislative  Ethics  Commission,  the agency head or ultimate
32    jurisdictional authority must describe the  different  action
33    and  explain  the  reasons  for  the  different action in the
 
                            -57-     LRB093 03133 JAM 20243 a
 1    written response. This  response  must  be  served  upon  the
 2    Legislative  Ethics  Commission and the Legislative Inspector
 3    General within the 30-day period and is not exempt  from  the
 4    provisions of the Freedom of Information Act.

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

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

20        (93 HB3412enr. Sec. 25-70 new)
21        Sec. 25-70. Cooperation in investigations. It is the duty
22    of  every  officer and employee under the jurisdiction of the
23    Legislative  Inspector  General,  including   any   inspector
24    general serving in any State agency under the jurisdiction of
25    the  Legislative  Inspector  General,  to  cooperate with the
26    Legislative Inspector General in any investigation undertaken
27    pursuant  to  this  Act.  Failure  to   cooperate   with   an
28    investigation of the Legislative Inspector General is grounds
29    for disciplinary action, including dismissal. Nothing in this
30    Section  limits  or  alters  a  person's  existing  rights or
31    privileges under State or federal law.
 
                            -58-     LRB093 03133 JAM 20243 a
 1        (93 HB3412enr. Sec. 25-80 new)
 2        Sec.  25-80.  Referrals   of   investigations.   If   the
 3    Legislative  Inspector  General  determines  that any alleged
 4    misconduct  involves  any   person   not   subject   to   the
 5    jurisdiction   of  the  Legislative  Ethics  Commission,  the
 6    Legislative  Inspector  General  shall  refer  the   reported
 7    allegations  to  the  appropriate  ethics commission or other
 8    appropriate  body.  If  the  Legislative  Inspector   General
 9    determines  that  any  alleged  misconduct  may  give rise to
10    criminal penalties, the  Legislative  Inspector  General  may
11    refer  the  allegations  regarding  that  misconduct  to  the
12    appropriate law enforcement authority.

13        (93 HB3412enr. Sec. 25-85 new)
14        Sec.   25-85.   Quarterly   reports  by  the  Legislative
15    Inspector General. The Legislative  Inspector  General  shall
16    submit  quarterly  reports  to  the  General Assembly and the
17    Legislative Ethics Commission, on  dates  determined  by  the
18    Legislative Ethics Commission, indicating:
19             (1)  the  number  of  allegations received since the
20        date of the last report;
21             (2)  the number of  investigations  initiated  since
22        the date of the last report;
23             (3)  the  number  of  investigations concluded since
24        the date of the last report;
25             (4)  the number of investigations pending as of  the
26        reporting date;
27             (5)  the  number  of  complaints  forwarded  to  the
28        Attorney General since the date of the last report; and
29             (6)  the   number   of   actions   filed   with  the
30        Legislative Ethics Commission since the date of the  last
31        report  and  the  number  of  actions  pending before the
32        Legislative Ethics Commission as of the reporting date.
 
                            -59-     LRB093 03133 JAM 20243 a
 1        (93 HB3412enr. Sec. 25-86 new)
 2        Sec. 25-86.  Quarterly reports by the  Attorney  General.
 3    The  Attorney  General  shall submit quarterly reports to the
 4    Legislative Ethics Commission, on  dates  determined  by  the
 5    Legislative Ethics Commission, indicating:
 6             (1)  the  number  of  complaints  received  from the
 7        Legislative Inspector General since the date of the  last
 8        report;
 9             (2)  the number of complaints for which the Attorney
10        General has determined reasonable cause exists to believe
11        that  a violation has occurred since the date of the last
12        report; and
13             (3)  the number of complaints still under review  by
14        the Attorney General.

15        (93 HB3412enr. Sec. 25-90 new)
16        Sec. 25-90. Confidentiality.
17        (a)  The identity of any individual providing information
18    or  reporting  any  possible  or  alleged  misconduct  to the
19    Legislative  Inspector  General  or  the  Legislative  Ethics
20    Commission  shall  be  kept  confidential  and  may  not   be
21    disclosed  without the consent of that individual, unless the
22    individual consents to disclosure  of  his  or  her  name  or
23    disclosure of the individual's identity is otherwise required
24    by  law.  The confidentiality granted by this subsection does
25    not preclude the disclosure of the identity of  a  person  in
26    any capacity other than as the source of an allegation.
27        (b)  Subject  to  the  provisions  of  Section  25-50(c),
28    commissioners,  employees,  and  agents  of  the  Legislative
29    Ethics  Commission,  the  Legislative  Inspector General, and
30    employees  and  agents  of  the  Office  of  the  Legislative
31    Inspector General  shall  keep  confidential  and  shall  not
32    disclose  information  exempted  from  disclosure  under  the
33    Freedom of Information Act or by this Act.
 
                            -60-     LRB093 03133 JAM 20243 a
 1        (93 HB3412enr. Sec. 25-95 new)
 2        Sec. 25-95. Exemptions.
 3        (a)  Documents  generated by an ethics officer under this
 4    Act, except Section 5-50, are exempt from the  provisions  of
 5    the Freedom of Information Act.
 6        (b)  Any  allegations  and related documents submitted to
 7    the Legislative  Inspector  General  and  any  pleadings  and
 8    related  documents  brought  before  the  Legislative  Ethics
 9    Commission  are  exempt from the provisions of the Freedom of
10    Information Act so long as the Legislative Ethics  Commission
11    does  not  make  a finding of a violation of this Act. If the
12    Legislative Ethics Commission  finds  that  a  violation  has
13    occurred,   the  entire  record  of  proceedings  before  the
14    Commission,  the  decision  and   recommendation,   and   the
15    mandatory   report   from   the   agency   head  or  ultimate
16    jurisdictional authority to the Legislative Ethics Commission
17    are  not  exempt  from  the  provisions  of  the  Freedom  of
18    Information Act but information  contained  therein  that  is
19    exempt  from  the Freedom of Information Act must be redacted
20    before disclosure as provided in Section 8 of the Freedom  of
21    Information Act.
22        (c)  Meetings  of  the Commission under Sections 25-5 and
23    25-15 of this Act are exempt from the provisions of the  Open
24    Meetings Act.
25        (d)  Unless   otherwise   provided   in   this  Act,  all
26    investigatory  files  and  reports  of  the  Office  of   the
27    Legislative  Inspector General, other than quarterly reports,
28    are  confidential,  are  exempt  from  disclosure  under  the
29    Freedom of Information Act, and shall not be divulged to  any
30    person  or agency, except as necessary (i) to the appropriate
31    law enforcement authority if the matter is referred  pursuant
32    to  this Act, (ii) to the ultimate jurisdiction authority, or
33    (iii) to the Legislative Ethics Commission.
 
                            -61-     LRB093 03133 JAM 20243 a
 1        (93 HB3412enr. Art. 30 heading new)
 2                             ARTICLE 30
 3                           AUDITOR GENERAL

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

28        (93 HB3412enr. Sec. 30-10 new)
29        Sec.  30-10.  Ethics  Officer.  The Auditor General shall
30    designate an Ethics Officer for the  office  of  the  Auditor
31    General. The ethics officer shall:
32             (1)  act  as  liaison  between  the  Office  of  the
 
                            -62-     LRB093 03133 JAM 20243 a
 1        Auditor General and the Inspector General appointed under
 2        this Article;
 3             (2)  review  statements  of  economic  interest  and
 4        disclosure  forms  of  officers,  senior  employees,  and
 5        contract   monitors   before  they  are  filed  with  the
 6        Secretary of State; and
 7             (3)  provide guidance to officers and  employees  in
 8        the  interpretation and implementation of this Act, which
 9        the officer or employee may in good faith rely upon. Such
10        guidance shall be based, whenever  possible,  upon  legal
11        precedent in court decisions and opinions of the Attorney
12        General.

13        (93 HB3412enr. Art. 35 heading new)

14                             ARTICLE 35
15        OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH

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

29        (93 HB3412enr. Art. 50, Sec. 50-5)
30        Sec. 50-5.  Penalties.
31        (a)  A person is guilty of a Class A misdemeanor if  that
 
                            -63-     LRB093 03133 JAM 20243 a
 1    person  intentionally violates any provision of Section 5-15,
 2    5-30, 5-40, or 5-45 or Article 15.
 3        (b)  A person who intentionally violates any provision of
 4    Section 5-20, 5-35, 5-50, or 5-55 is  guilty  of  a  business
 5    offense  subject  to  a  fine  of  at  least $1,001 and up to
 6    $5,000.
 7        (c)  A person who intentionally violates any provision of
 8    Article 10 is guilty of a business offense and subject  to  a
 9    fine of at least $1,001 and up to $5,000.
10        (d)  Any  person  who  intentionally makes a false report
11    alleging a violation of any  provision  of  this  Act  to  an
12    ethics  commission, an inspector general, the State Police, a
13    State's Attorney, the Attorney  General,  or  any  other  law
14    enforcement official is guilty of a Class A misdemeanor.
15        (e)  An ethics commission may levy an administrative fine
16    of up to $5,000 against any person who violates this Act, who
17    intentionally  obstructs  or interferes with an investigation
18    conducted under this Act by  an  inspector  general,  or  who
19    intentionally   makes   a  false,  frivolous,  or  bad  faith
20    allegation.
21        (f)  In addition to any other  penalty  that  may  apply,
22    whether criminal or civil, a State employee who intentionally
23    violates  any  provision  of  Section 5-15, 5-20, 5-30, 5-35,
24    5-40, or 5-50, Article 10, Article 15, or  Section  20-90  or
25    25-90   is   subject   to  discipline  or  discharge  by  the
26    appropriate ultimate jurisdictional authority.
27        Penalties.
28        (a)  A person is guilty of a Class A misdemeanor if  that
29    person  intentionally violates any provision of Section 5-15,
30    5-30, 5-40, or 5-45 or Article 15.
31        (b)  A person who intentionally violates any provision of
32    Section 5-20 or Section 5-35 is guilty of a business  offense
33    subject to a fine of at least $1,001 and up to $5,000.
34        (c)  In  addition  to  any  other penalty that may apply,
 
                            -64-     LRB093 03133 JAM 20243 a
 1    whether criminal or civil, a director,  a  supervisor,  or  a
 2    State  employee  who  intentionally violates any provision of
 3    Section 5-15, 5-20, 5-30, 5-35, or  5-40  or  Article  15  is
 4    subject   to  discipline  or  discharge  by  the  appropriate
 5    ultimate jurisdictional authority.
 6    (Source: 93HB3412enr.)

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

27        (93 HB3412enr. Art. 70, Sec. 70-15)
28        Sec.  70-15.  Home  rule  preemption.  This  Article is a
29    denial and limitation of home rule powers  and  functions  in
30    accordance with subsection (i) of Section 6 of Article VII of
31    the  Illinois Constitution. A home rule unit may not regulate
32    the political activities of its officers  and  employees  and
 
                            -65-     LRB093 03133 JAM 20243 a
 1    the soliciting, offering, accepting, and making of gifts in a
 2    manner  less  restrictive than the provisions of Section 70-5
 3    this Act.
 4    (Source: 93HB3412enr.)

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

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

31        (5 ILCS 100/5-165)
 
                            -66-     LRB093 03133 JAM 20243 a
 1        Sec.   5-165.  Ex  parte  communications  in  rulemaking;
 2    special government agents.
 3        (a)  Notwithstanding  any  law  to  the  contrary,   this
 4    Section  applies  to  ex parte communications made during the
 5    rulemaking process.
 6        (b)  "Ex parte communication" means any written  or  oral
 7    communication  by  any person required to be registered under
 8    the Lobbyist Registration Act  to  an  agency,  agency  head,
 9    administrative law judge, or other agency employee during the
10    rulemaking   period   that   imparts   or  requests  material
11    information or makes a material argument regarding  potential
12    action   concerning   an   agency's  general,  emergency,  or
13    peremptory rulemaking under this Act and that is communicated
14    to that agency,  the  head  of  that  agency,  or  any  other
15    employee  of  that  agency. For purposes of this Section, the
16    rulemaking period begins upon the commencement of  the  first
17    notice  period  with  respect  to  general  rulemaking  under
18    Section  5-40,  upon  the  filing  of  a  notice of emergency
19    rulemaking under Section 5-45, or upon the filing of a notice
20    of rulemaking with respect  to  peremptory  rulemaking  under
21    Section  5-50.  "Ex parte communication" does not include the
22    following: (i) statements by a  person  publicly  made  in  a
23    public  forum; (ii) statements regarding matters of procedure
24    and practice, such as the  format  of  public  comments,  the
25    number   of  copies  required,  the  manner  of  filing  such
26    comments, and the status  of  a  rulemaking  proceeding;  and
27    (iii)  statements  made by a State official or State employee
28    of that agency to the agency head or other employee  of  that
29    agency.
30        (c)  An  ex  parte  communication received by any agency,
31    agency head, or other agency employee, or administrative  law
32    judge  shall  immediately be reported to that agency's ethics
33    officer by the recipient of  the  communication  and  by  any
34    other   employee   of   that   agency  who  responds  to  the
 
                            -67-     LRB093 03133 JAM 20243 a
 1    communication.  The ethics officer shall require that the  ex
 2    parte  communication promptly be made a part of the record of
 3    the rulemaking proceeding.  The ethics officer shall promptly
 4    file the ex parte communication  with  the  Executive  Ethics
 5    Commission, including all written communications, all written
 6    responses to the communications, and a memorandum prepared by
 7    the  ethics  officer  stating the nature and substance of all
 8    oral communications, the identity and job title of the person
 9    to whom each communication was made, and all responses  made,
10    the  identity  and  job  title  of  the  person  making  each
11    response,  and  the  identity  of  each  person from whom the
12    written or oral ex  parte  communication  was  received,  the
13    individual  or  entity represented by that person, any action
14    the person requested or recommended, and any other  pertinent
15    information.    The disclosure shall also contain the date of
16    any ex parte communication.
17        (d)  Failure to take certain actions under  this  Section
18    may constitute a violation as provided in Section 5-50 of the
19    State Officials and Employees Ethics Act.
20    (Source: 93 HB3412enr.)

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

25        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
26        Sec. 1.02.  For the purposes of this Act:
27        "Meeting" means any gathering of a majority of  a  quorum
28    of  the  members  of  a  public  body held for the purpose of
29    discussing public business.
30        "Public  body"  includes  all   legislative,   executive,
31    administrative  or  advisory  bodies  of the State, counties,
32    townships,  cities,  villages,  incorporated  towns,   school
 
                            -68-     LRB093 03133 JAM 20243 a
 1    districts  and  all  other  municipal  corporations,  boards,
 2    bureaus,  committees  or  commissions  of this State, and any
 3    subsidiary bodies of any of the foregoing including  but  not
 4    limited  to  committees and subcommittees which are supported
 5    in whole or in part by  tax  revenue,  or  which  expend  tax
 6    revenue,  except  the  General  Assembly  and  committees  or
 7    commissions  thereof.  "Public  body" includes tourism boards
 8    and convention or civic center  boards  located  in  counties
 9    that are contiguous to the Mississippi River with populations
10    of  more  than  250,000 but less than 300,000.  "Public body"
11    includes the Health Facilities Planning Board.  "Public body"
12    does not include a child death review team  or  the  Illinois
13    Child  Death Review Teams Executive Council established under
14    the Child Death Review Team  Act  or  an  ethics  commission,
15    ethics  officer,  or ultimate jurisdictional authority acting
16    under the State Officials and Employees Ethics Act State Gift
17    Ban Act as provided by Section 80 of that Act.
18    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

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

23        (5 ILCS 140/7) (from Ch. 116, par. 207)
24        Sec. 7.  Exemptions.
25        (1)  The following shall be exempt  from  inspection  and
26    copying:
27             (a)  Information    specifically   prohibited   from
28        disclosure  by  federal  or  State  law  or   rules   and
29        regulations adopted under federal or State law.
30             (b)  Information    that,    if   disclosed,   would
31        constitute a clearly  unwarranted  invasion  of  personal
32        privacy, unless the disclosure is consented to in writing
 
                            -69-     LRB093 03133 JAM 20243 a
 1        by  the  individual  subjects  of  the  information.  The
 2        disclosure of information that bears on the public duties
 3        of public employees and officials shall not be considered
 4        an invasion of personal  privacy.   Information  exempted
 5        under  this  subsection  (b)  shall  include  but  is not
 6        limited to:
 7                  (i)  files and personal information  maintained
 8             with   respect   to  clients,  patients,  residents,
 9             students  or  other  individuals  receiving  social,
10             medical,   educational,    vocational,    financial,
11             supervisory  or  custodial care or services directly
12             or  indirectly  from  federal  agencies  or   public
13             bodies;
14                  (ii)  personnel  files and personal information
15             maintained with respect to employees, appointees  or
16             elected  officials  of any public body or applicants
17             for those positions;
18                  (iii)  files    and    personal     information
19             maintained with respect to any applicant, registrant
20             or  licensee  by any public body cooperating with or
21             engaged    in    professional    or     occupational
22             registration, licensure or discipline;
23                  (iv)  information  required  of any taxpayer in
24             connection with the assessment or collection of  any
25             tax unless disclosure is otherwise required by State
26             statute; and
27                  (v)  information   revealing  the  identity  of
28             persons  who  file  complaints   with   or   provide
29             information  to  administrative,  investigative, law
30             enforcement or penal  agencies;  provided,  however,
31             that   identification   of   witnesses   to  traffic
32             accidents,  traffic  accident  reports,  and  rescue
33             reports  may  be  provided  by  agencies  of   local
34             government,  except  in  a case for which a criminal
 
                            -70-     LRB093 03133 JAM 20243 a
 1             investigation is  ongoing,  without  constituting  a
 2             clearly  unwarranted   per  se  invasion of personal
 3             privacy under this subsection; and
 4                  (vi)  the names, addresses, or  other  personal
 5             information  of participants and registrants in park
 6             district, forest preserve district, and conservation
 7             district programs.
 8             (c)  Records  compiled  by  any  public   body   for
 9        administrative   enforcement   proceedings  and  any  law
10        enforcement or correctional agency  for  law  enforcement
11        purposes  or  for  internal matters of a public body, but
12        only to the extent that disclosure would:
13                  (i)  interfere with  pending  or  actually  and
14             reasonably  contemplated law enforcement proceedings
15             conducted by any  law  enforcement  or  correctional
16             agency;
17                  (ii)  interfere   with  pending  administrative
18             enforcement  proceedings  conducted  by  any  public
19             body;
20                  (iii)  deprive a person of a fair trial  or  an
21             impartial hearing;
22                  (iv)  unavoidably  disclose  the  identity of a
23             confidential  source  or  confidential   information
24             furnished only by the confidential source;
25                  (v)  disclose     unique     or     specialized
26             investigative  techniques other than those generally
27             used and known or  disclose  internal  documents  of
28             correctional    agencies   related   to   detection,
29             observation or investigation of incidents  of  crime
30             or misconduct;
31                  (vi)  constitute   an   invasion   of  personal
32             privacy under subsection (b) of this Section;
33                  (vii)  endanger the life or physical safety  of
34             law enforcement personnel or any other person; or
 
                            -71-     LRB093 03133 JAM 20243 a
 1                  (viii)  obstruct     an     ongoing    criminal
 2             investigation.
 3             (d)  Criminal history record information  maintained
 4        by  State  or local criminal justice agencies, except the
 5        following which shall be open for public  inspection  and
 6        copying:
 7                  (i)  chronologically      maintained     arrest
 8             information, such  as  traditional  arrest  logs  or
 9             blotters;
10                  (ii)  the  name of a person in the custody of a
11             law enforcement agency and  the  charges  for  which
12             that person is being held;
13                  (iii)  court records that are public;
14                  (iv)  records   that  are  otherwise  available
15             under State or local law; or
16                  (v)  records in which the requesting  party  is
17             the  individual identified, except as provided under
18             part (vii) of paragraph (c)  of  subsection  (1)  of
19             this Section.
20             "Criminal  history  record  information"  means data
21        identifiable  to  an   individual   and   consisting   of
22        descriptions   or   notations   of  arrests,  detentions,
23        indictments, informations, pre-trial proceedings, trials,
24        or other formal events in the criminal justice system  or
25        descriptions  or notations of criminal charges (including
26        criminal violations of local  municipal  ordinances)  and
27        the   nature   of   any  disposition  arising  therefrom,
28        including sentencing, court or correctional  supervision,
29        rehabilitation  and  release.  The term does not apply to
30        statistical records and reports in which individuals  are
31        not  identified  and  from which their identities are not
32        ascertainable, or to information  that  is  for  criminal
33        investigative or intelligence purposes.
34             (e)  Records  that  relate to or affect the security
 
                            -72-     LRB093 03133 JAM 20243 a
 1        of correctional institutions and detention facilities.
 2             (f)  Preliminary  drafts,  notes,   recommendations,
 3        memoranda   and  other  records  in  which  opinions  are
 4        expressed, or policies or actions are formulated,  except
 5        that  a  specific  record or relevant portion of a record
 6        shall not be exempt when the record is publicly cited and
 7        identified by the head of the public body. The  exemption
 8        provided  in  this  paragraph  (f)  extends  to all those
 9        records of officers and agencies of the General  Assembly
10        that pertain to the preparation of legislative documents.
11             (g)  Trade   secrets  and  commercial  or  financial
12        information obtained from a person or business where  the
13        trade  secrets or information are proprietary, privileged
14        or confidential, or where disclosure of the trade secrets
15        or information may cause competitive harm, including  all
16        information  determined  to be confidential under Section
17        4002 of the Technology Advancement and  Development  Act.
18        Nothing   contained   in  this  paragraph  (g)  shall  be
19        construed to prevent a person or business from consenting
20        to disclosure.
21             (h)  Proposals and bids for any contract, grant,  or
22        agreement,   including   information  which  if  it  were
23        disclosed  would  frustrate  procurement   or   give   an
24        advantage  to  any  person  proposing  to  enter  into  a
25        contractor  agreement  with  the  body, until an award or
26        final selection is made.  Information prepared by or  for
27        the  body  in  preparation of a bid solicitation shall be
28        exempt until an award or final selection is made.
29             (i)  Valuable formulae, computer geographic systems,
30        designs, drawings and research data obtained or  produced
31        by  any  public  body when disclosure could reasonably be
32        expected to produce private  gain  or  public  loss.  The
33        exemption  for  "computer geographic systems" provided in
34        this paragraph (i) does not extend to  requests  made  by
 
                            -73-     LRB093 03133 JAM 20243 a
 1        news  media  as defined in Section 2 of this Act when the
 2        requested information is not  otherwise  exempt  and  the
 3        only  purpose of the request is to access and disseminate
 4        information regarding the  health,  safety,  welfare,  or
 5        legal rights of the general public.
 6             (j)  Test   questions,   scoring   keys   and  other
 7        examination  data  used   to   administer   an   academic
 8        examination   or  determined  the  qualifications  of  an
 9        applicant for a license or employment.
10             (k)  Architects'   plans,    engineers'    technical
11        submissions,  and  other  construction  related technical
12        documents for projects not constructed  or  developed  in
13        whole  or  in  part  with  public  funds and the same for
14        projects constructed or developed with public funds,  but
15        only  to  the  extent  that  disclosure  would compromise
16        security, including but not limited  to  water  treatment
17        facilities,    airport    facilities,   sport   stadiums,
18        convention centers, and all government  owned,  operated,
19        or occupied buildings.
20             (l)  Library    circulation    and   order   records
21        identifying library users with specific materials.
22             (m)  Minutes of meetings of public bodies closed  to
23        the public as provided in the Open Meetings Act until the
24        public  body  makes  the  minutes available to the public
25        under Section 2.06 of the Open Meetings Act.
26             (n)  Communications between a  public  body  and  an
27        attorney  or  auditor  representing  the public body that
28        would not be subject  to  discovery  in  litigation,  and
29        materials prepared or compiled by or for a public body in
30        anticipation  of  a  criminal,  civil  or  administrative
31        proceeding  upon  the request of an attorney advising the
32        public body, and  materials  prepared  or  compiled  with
33        respect to internal audits of public bodies.
34             (o)  Information  received by a primary or secondary
 
                            -74-     LRB093 03133 JAM 20243 a
 1        school, college or university under  its  procedures  for
 2        the  evaluation  of  faculty  members  by  their academic
 3        peers.
 4             (p)  Administrative   or    technical    information
 5        associated  with  automated  data  processing operations,
 6        including  but  not  limited   to   software,   operating
 7        protocols,  computer  program  abstracts,  file  layouts,
 8        source  listings,  object  modules,  load  modules,  user
 9        guides,  documentation  pertaining  to  all  logical  and
10        physical   design   of   computerized  systems,  employee
11        manuals, and any other information  that,  if  disclosed,
12        would  jeopardize  the security of the system or its data
13        or the security of materials exempt under this Section.
14             (q)  Documents or materials relating  to  collective
15        negotiating  matters  between  public  bodies  and  their
16        employees  or  representatives,  except  that  any  final
17        contract  or agreement shall be subject to inspection and
18        copying.
19             (r)  Drafts, notes,  recommendations  and  memoranda
20        pertaining to the financing and marketing transactions of
21        the  public body. The records of ownership, registration,
22        transfer, and exchange of municipal debt obligations, and
23        of  persons  to  whom  payment  with  respect  to   these
24        obligations is made.
25             (s)  The records, documents and information relating
26        to   real   estate   purchase  negotiations  until  those
27        negotiations have been completed or otherwise terminated.
28        With regard to a parcel involved in a pending or actually
29        and reasonably  contemplated  eminent  domain  proceeding
30        under  Article  VII  of  the  Code  of  Civil  Procedure,
31        records,  documents  and  information  relating  to  that
32        parcel  shall  be  exempt  except as may be allowed under
33        discovery rules adopted by the  Illinois  Supreme  Court.
34        The records, documents and information relating to a real
 
                            -75-     LRB093 03133 JAM 20243 a
 1        estate sale shall be exempt until a sale is consummated.
 2             (t)  Any and all proprietary information and records
 3        related  to  the  operation  of an intergovernmental risk
 4        management association or self-insurance pool or  jointly
 5        self-administered  health  and  accident  cooperative  or
 6        pool.
 7             (u)  Information     concerning    a    university's
 8        adjudication  of  student  or   employee   grievance   or
 9        disciplinary  cases,  to the extent that disclosure would
10        reveal the  identity  of  the  student  or  employee  and
11        information  concerning any public body's adjudication of
12        student or employee  grievances  or  disciplinary  cases,
13        except for the final outcome of the cases.
14             (v)  Course  materials or research materials used by
15        faculty members.
16             (w)  Information  related  solely  to  the  internal
17        personnel rules and practices of a public body.
18             (x)  Information  contained   in   or   related   to
19        examination, operating, or condition reports prepared by,
20        on behalf of, or for the use of a public body responsible
21        for   the   regulation   or   supervision   of  financial
22        institutions or insurance companies, unless disclosure is
23        otherwise required by State law.
24             (y)  Information  the   disclosure   of   which   is
25        restricted  under  Section  5-108 of the Public Utilities
26        Act.
27             (z)  Manuals or instruction to staff that relate  to
28        establishment  or  collection  of liability for any State
29        tax or that relate to investigations by a public body  to
30        determine violation of any criminal law.
31             (aa)  Applications,  related  documents, and medical
32        records    received    by    the    Experimental    Organ
33        Transplantation  Procedures  Board  and   any   and   all
34        documents  or  other records prepared by the Experimental
 
                            -76-     LRB093 03133 JAM 20243 a
 1        Organ  Transplantation  Procedures  Board  or  its  staff
 2        relating to applications it has received.
 3             (bb)  Insurance or  self  insurance  (including  any
 4        intergovernmental  risk  management  association  or self
 5        insurance  pool)  claims,   loss   or   risk   management
 6        information, records, data, advice or communications.
 7             (cc)  Information and records held by the Department
 8        of  Public  Health  and  its  authorized  representatives
 9        relating   to   known  or  suspected  cases  of  sexually
10        transmissible disease or any information  the  disclosure
11        of  which  is  restricted  under  the  Illinois  Sexually
12        Transmissible Disease Control Act.
13             (dd)  Information   the   disclosure   of  which  is
14        exempted under Section 30 of the Radon Industry Licensing
15        Act.
16             (ee)  Firm performance evaluations under Section  55
17        of  the  Architectural,  Engineering,  and Land Surveying
18        Qualifications Based Selection Act.
19             (ff)  Security portions  of  system  safety  program
20        plans,  investigation reports, surveys, schedules, lists,
21        data, or information compiled, collected, or prepared  by
22        or   for  the  Regional  Transportation  Authority  under
23        Section 2.11 of the Regional Transportation Authority Act
24        or the  St.  Clair  County  Transit  District  under  the
25        Bi-State Transit Safety Act.
26             (gg)  Information   the   disclosure   of  which  is
27        restricted and exempted under Section 50 of the  Illinois
28        Prepaid Tuition Act.
29             (hh)  Information   the   disclosure   of  which  is
30        exempted under the State Officials and  Employees  Ethics
31        Act Section 80 of the State Gift Ban Act.
32             (ii)  Beginning July 1, 1999, information that would
33        disclose  or  might  lead  to the disclosure of secret or
34        confidential information, codes, algorithms, programs, or
 
                            -77-     LRB093 03133 JAM 20243 a
 1        private keys intended to be used to create electronic  or
 2        digital signatures under the Electronic Commerce Security
 3        Act.
 4             (jj)  Information  contained  in  a  local emergency
 5        energy plan submitted to  a  municipality  in  accordance
 6        with  a  local  emergency  energy  plan ordinance that is
 7        adopted under Section 11-21.5-5 of the Illinois Municipal
 8        Code.
 9             (kk)  Information   and    data    concerning    the
10        distribution  of  surcharge moneys collected and remitted
11        by  wireless  carriers  under  the   Wireless   Emergency
12        Telephone Safety Act.
13             (ll)  Vulnerability  assessments, security measures,
14        and response policies  or  plans  that  are  designed  to
15        identify, prevent, or respond to potential attacks upon a
16        community's   population   or   systems,  facilities,  or
17        installations, the destruction or contamination of  which
18        would constitute a clear and present danger to the health
19        or  safety  of the community, but only to the extent that
20        disclosure could reasonably be expected to jeopardize the
21        effectiveness of  the  measures  or  the  safety  of  the
22        personnel  who implement them or the public.  Information
23        exempt under this item may include such things as details
24        pertaining to the mobilization or deployment of personnel
25        or equipment, to the operation of  communication  systems
26        or protocols, or to tactical operations.
27             (mm)  Maps  and other records regarding the location
28        or security  of  a  utility's  generation,  transmission,
29        distribution, storage, gathering, treatment, or switching
30        facilities.
31             (nn) (ll)  Law  enforcement  officer  identification
32        information or driver identification information compiled
33        by   a  law  enforcement  agency  or  the  Department  of
34        Transportation  under  Section  11-212  of  the  Illinois
 
                            -78-     LRB093 03133 JAM 20243 a
 1        Vehicle Code.
 2             (oo) (ll)  Records and  information  provided  to  a
 3        residential  health care facility resident sexual assault
 4        and death review team  or  the  Residential  Health  Care
 5        Facility  Resident  Sexual Assault and Death Review Teams
 6        Executive  Council  under  the  Residential  Health  Care
 7        Facility Resident Sexual Assault and  Death  Review  Team
 8        Act.
 9        (2)  This  Section  does  not  authorize  withholding  of
10    information  or  limit  the  availability  of  records to the
11    public,  except  as  stated  in  this  Section  or  otherwise
12    provided in this Act.
13    (Source: P.A.  92-16,  eff.  6-28-01;  92-241,  eff.  8-3-01;
14    92-281,  eff.  8-7-01;  92-645,  eff.  7-11-02;  92-651, eff.
15    7-11-02; 93-43, eff. 7-1-03; 93-209,  eff.  7-18-03;  93-237,
16    eff.  7-22-03;  93-325,  eff.  7-23-03,  93-422, eff. 8-5-03;
17    93-577, eff. 8-21-03; revised 9-8-03.)

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

22        (5 ILCS 315/3) (from Ch. 48, par. 1603)
23        Sec.  3.  Definitions.   As  used in this Act, unless the
24    context otherwise requires:
25        (a)  "Board" means the Illinois Labor Relations Board or,
26    with respect to a matter over which the jurisdiction  of  the
27    Board is assigned to the State Panel or the Local Panel under
28    Section 5, the panel having jurisdiction over the matter.
29        (b)  "Collective  bargaining" means bargaining over terms
30    and conditions of employment,  including  hours,  wages,  and
31    other  conditions of employment, as detailed in Section 7 and
32    which are not excluded by Section 4.
 
                            -79-     LRB093 03133 JAM 20243 a
 1        (c)  "Confidential employee" means an  employee  who,  in
 2    the  regular course of his or her duties, assists and acts in
 3    a confidential capacity to persons who formulate,  determine,
 4    and  effectuate  management  policies  with  regard  to labor
 5    relations or who, in the regular course of his or her duties,
 6    has  authorized  access  to  information  relating   to   the
 7    effectuation   or   review   of   the  employer's  collective
 8    bargaining policies.
 9        (d)  "Craft employees" means skilled  journeymen,  crafts
10    persons, and their apprentices and helpers.
11        (e)  "Essential  services  employees"  means those public
12    employees  performing  functions  so   essential   that   the
13    interruption or termination of the function will constitute a
14    clear  and  present  danger  to  the health and safety of the
15    persons in the affected community.
16        (f)  "Exclusive representative", except with  respect  to
17    non-State  fire  fighters  and  paramedics  employed  by fire
18    departments and fire protection  districts,  non-State  peace
19    officers,  and  peace  officers  in  the  Department of State
20    Police, means  the  labor  organization  that  has  been  (i)
21    designated  by  the Board as the representative of a majority
22    of public employees in  an  appropriate  bargaining  unit  in
23    accordance  with  the  procedures contained in this Act, (ii)
24    historically recognized by  the  State  of  Illinois  or  any
25    political  subdivision  of the State before July 1, 1984 (the
26    effective date of this Act) as the  exclusive  representative
27    of  the  employees  in  an appropriate bargaining unit, (iii)
28    after  July  1,  1984  (the  effective  date  of  this   Act)
29    recognized  by  an  employer upon evidence, acceptable to the
30    Board, that the labor organization has been designated as the
31    exclusive representative by a majority of the employees in an
32    appropriate  bargaining  unit;  or  (iv)  recognized  as  the
33    exclusive  representative  of  personal  care  attendants  or
34    personal assistants under Executive Order 2003-8 prior to the
 
                            -80-     LRB093 03133 JAM 20243 a
 1    effective date of this amendatory Act  of  the  93rd  General
 2    Assembly,  and the organization shall be considered to be the
 3    exclusive representative of the personal care  attendants  or
 4    personal assistants as defined in this Section.
 5        With  respect  to  non-State fire fighters and paramedics
 6    employed by fire departments and fire  protection  districts,
 7    non-State   peace   officers,   and  peace  officers  in  the
 8    Department of State Police, "exclusive representative"  means
 9    the  labor  organization  that has been (i) designated by the
10    Board as the representative of a majority of  peace  officers
11    or  fire  fighters  in  an  appropriate  bargaining  unit  in
12    accordance  with  the  procedures contained in this Act, (ii)
13    historically recognized by  the  State  of  Illinois  or  any
14    political  subdivision  of  the  State before January 1, 1986
15    (the effective date of this amendatory Act of  1985)  as  the
16    exclusive  representative by a majority of the peace officers
17    or fire fighters in an appropriate bargaining unit, or  (iii)
18    after  January 1, 1986 (the effective date of this amendatory
19    Act  of  1985)  recognized  by  an  employer  upon  evidence,
20    acceptable to the Board, that the labor organization has been
21    designated as the exclusive representative by a  majority  of
22    the  peace  officers  or  fire  fighters  in  an  appropriate
23    bargaining unit.
24        (g)  "Fair  share  agreement"  means an agreement between
25    the employer and an employee organization under which all  or
26    any  of  the  employees  in  a collective bargaining unit are
27    required to pay their proportionate share of the costs of the
28    collective bargaining process, contract  administration,  and
29    pursuing matters affecting wages, hours, and other conditions
30    of employment, but not to exceed the amount of dues uniformly
31    required  of  members.  The amount certified by the exclusive
32    representative shall not include any fees  for  contributions
33    related  to  the  election  or  support  of any candidate for
34    political  office.  Nothing  in  this  subsection  (g)  shall
 
                            -81-     LRB093 03133 JAM 20243 a
 1    preclude  an  employee  from   making   voluntary   political
 2    contributions  in  conjunction  with  his  or  her fair share
 3    payment.
 4        (g-1)  "Fire fighter" means, for the purposes of this Act
 5    only, any person who has been or is hereafter appointed to  a
 6    fire  department or fire protection district or employed by a
 7    state university and sworn or commissioned  to  perform  fire
 8    fighter duties or paramedic duties, except that the following
 9    persons are not included: part-time fire fighters, auxiliary,
10    reserve  or  voluntary  fire fighters, including paid on-call
11    fire fighters,  clerks  and  dispatchers  or  other  civilian
12    employees  of  a  fire department or fire protection district
13    who are  not  routinely  expected  to  perform  fire  fighter
14    duties, or elected officials.
15        (g-2)  "General  Assembly of the State of Illinois" means
16    the legislative branch of the  government  of  the  State  of
17    Illinois,   as   provided   for   under  Article  IV  of  the
18    Constitution of the State of Illinois, and  includes  but  is
19    not  limited to the House of Representatives, the Senate, the
20    Speaker of the House of Representatives, the Minority  Leader
21    of the House of Representatives, the President of the Senate,
22    the  Minority  Leader  of  the Senate, the Joint Committee on
23    Legislative Support  Services  and  any  legislative  support
24    services   agency   listed   in  the  Legislative  Commission
25    Reorganization Act of 1984.
26        (h)  "Governing body" means, in the case  of  the  State,
27    the  State  Panel  of the Illinois Labor Relations Board, the
28    Director of the Department of  Central  Management  Services,
29    and the Director of the Department of Labor; the county board
30    in  the  case  of  a county; the corporate authorities in the
31    case of a municipality; and the appropriate  body  authorized
32    to  provide  for expenditures of its funds in the case of any
33    other unit of government.
34        (i)  "Labor organization" means any organization in which
 
                            -82-     LRB093 03133 JAM 20243 a
 1    public employees participate and that exists for the purpose,
 2    in whole or in  part,  of  dealing  with  a  public  employer
 3    concerning  wages,  hours,  and other terms and conditions of
 4    employment, including the settlement of grievances.
 5        (j)  "Managerial employee" means  an  individual  who  is
 6    engaged  predominantly  in executive and management functions
 7    and is charged  with  the  responsibility  of  directing  the
 8    effectuation of management policies and practices.
 9        (k)  "Peace  officer" means, for the purposes of this Act
10    only, any persons who have been or are hereafter appointed to
11    a  police  force,  department,  or  agency   and   sworn   or
12    commissioned  to  perform  police  duties,  except  that  the
13    following   persons   are   not  included:  part-time  police
14    officers,  special  police  officers,  auxiliary  police   as
15    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
16    night watchmen, "merchant police", court security officers as
17    defined by Section 3-6012.1 of the Counties  Code,  temporary
18    employees,  traffic guards or wardens, civilian parking meter
19    and  parking  facilities  personnel  or   other   individuals
20    specially  appointed  to  aid  or  direct  traffic at or near
21    schools or public functions or to aid  in  civil  defense  or
22    disaster,   parking   enforcement   employees   who  are  not
23    commissioned as peace officers and who are not armed and  who
24    are  not  routinely  expected  to effect arrests, parking lot
25    attendants,  clerks  and  dispatchers   or   other   civilian
26    employees  of  a  police  department  who  are  not routinely
27    expected to effect arrests, or elected officials.
28        (l)  "Person" includes one  or  more  individuals,  labor
29    organizations,  public employees, associations, corporations,
30    legal  representatives,  trustees,  trustees  in  bankruptcy,
31    receivers,  or  the  State  of  Illinois  or  any   political
32    subdivision  of  the  State  or  governing body, but does not
33    include the General Assembly of the State of Illinois or  any
34    individual  employed  by the General Assembly of the State of
 
                            -83-     LRB093 03133 JAM 20243 a
 1    Illinois.
 2        (m)  "Professional employee" means any  employee  engaged
 3    in  work  predominantly  intellectual and varied in character
 4    rather than routine mental, manual,  mechanical  or  physical
 5    work;  involving  the  consistent  exercise of discretion and
 6    adjustment in its performance; of such a character  that  the
 7    output   produced   or  the  result  accomplished  cannot  be
 8    standardized in relation to  a  given  period  of  time;  and
 9    requiring  advanced  knowledge  in  a  field  of  science  or
10    learning  customarily  acquired  by  a  prolonged  course  of
11    specialized   intellectual   instruction   and  study  in  an
12    institution  of   higher   learning   or   a   hospital,   as
13    distinguished  from  a  general  academic  education  or from
14    apprenticeship or from training in the performance of routine
15    mental, manual, or physical processes; or  any  employee  who
16    has   completed   the  courses  of  specialized  intellectual
17    instruction and study prescribed in this subsection  (m)  and
18    is  performing  related  work  under  the  supervision  of  a
19    professional  person  to  qualify  to  become  a professional
20    employee as defined in this subsection (m).
21        (n)  "Public employee" or "employee", for the purposes of
22    this Act, means any individual employed by a public employer,
23    including interns and residents at public hospitals  and,  as
24    of  the  effective  date  of  this amendatory Act of the 93rd
25    General Assembly, but not before,  personal  care  attendants
26    and  personal  assistants  working  under  the  Home Services
27    Program   under   Section   3   of   the   Disabled   Persons
28    Rehabilitation Act, subject to the limitations set  forth  in
29    this  Act and in the Disabled Persons Rehabilitation Act, but
30    excluding all of the  following:  employees  of  the  General
31    Assembly   of  the  State  of  Illinois;  elected  officials;
32    executive  heads  of  a  department;  members  of  boards  or
33    commissions; the Executive Inspectors  General;  any  special
34    Executive  Inspectors General; employees of each Office of an
 
                            -84-     LRB093 03133 JAM 20243 a
 1    Executive Inspector General; commissioners and  employees  of
 2    the   Executive  Ethics  Commission;  the  Auditor  General's
 3    Inspector General; employees of the  Office  of  the  Auditor
 4    General's   Inspector   General;  the  Legislative  Inspector
 5    General;  any   special   Legislative   Inspectors   General;
 6    employees of the Office of the Legislative Inspector General;
 7    commissioners   and   employees  of  the  Legislative  Ethics
 8    Commission; employees of  any  agency,  board  or  commission
 9    created  by  this Act; employees appointed to State positions
10    of a temporary or emergency nature; all employees  of  school
11    districts    and   higher   education   institutions   except
12    firefighters  and  peace  officers  employed   by   a   state
13    university;   managerial   employees;  short-term  employees;
14    confidential   employees;   independent   contractors;    and
15    supervisors except as provided in this Act.
16        Personal  care  attendants  and personal assistants shall
17    not be considered  public  employees  for  any  purposes  not
18    specifically  provided for in this amendatory Act of the 93rd
19    General Assembly, including but not limited to,  purposes  of
20    vicarious   liability  in  tort  and  purposes  of  statutory
21    retirement  or  health  insurance  benefits.  Personal   care
22    attendants  and  personal  assistants shall not be covered by
23    the State Employees Group  Insurance  Act  of  1971  (5  ILCS
24    375/).
25        Notwithstanding  Section  9, subsection (c), or any other
26    provisions of this Act, all peace officers above the rank  of
27    captain   in   municipalities   with   more   than  1,000,000
28    inhabitants shall be excluded from this Act.
29        (o)  "Public employer" or "employer" means the  State  of
30    Illinois;  any  political  subdivision  of the State, unit of
31    local government or school  district;  authorities  including
32    departments,  divisions,  bureaus,  boards,  commissions,  or
33    other  agencies  of  the  foregoing  entities; and any person
34    acting within the scope of his or her authority,  express  or
 
                            -85-     LRB093 03133 JAM 20243 a
 1    implied,  on  behalf  of  those  entities in dealing with its
 2    employees. As of the effective date of this amendatory Act of
 3    the 93rd General Assembly,  but  not  before,  the  State  of
 4    Illinois  shall  be  considered  the employer of the personal
 5    care attendants and personal  assistants  working  under  the
 6    Home Services Program under Section 3 of the Disabled Persons
 7    Rehabilitation  Act,  subject to the limitations set forth in
 8    this Act and in the Disabled Persons Rehabilitation Act.  The
 9    State  shall not be considered to be the employer of personal
10    care attendants and personal assistants for any purposes  not
11    specifically  provided for in this amendatory Act of the 93rd
12    General Assembly, including but not limited to,  purposes  of
13    vicarious   liability  in  tort  and  purposes  of  statutory
14    retirement  or  health  insurance  benefits.  Personal   care
15    attendants  and  personal  assistants shall not be covered by
16    the State Employees Group  Insurance  Act  of  1971  (5  ILCS
17    375/).  "Public  employer" or "employer" as used in this Act,
18    however, does not mean and  shall  not  include  the  General
19    Assembly  of  the  State  of  Illinois,  the Executive Ethics
20    Commission, the Offices of the Executive Inspectors  General,
21    the   Legislative   Ethics  Commission,  the  Office  of  the
22    Legislative Inspector General,  the  Office  of  the  Auditor
23    General's  Inspector  General,  and  educational employers or
24    employers as defined  in  the  Illinois    Educational  Labor
25    Relations  Act,  except with respect to a state university in
26    its employment of firefighters and  peace  officers.   County
27    boards  and  county  sheriffs shall be designated as joint or
28    co-employers of county peace  officers  appointed  under  the
29    authority  of  a  county sheriff.  Nothing in this subsection
30    (o) shall be construed to prevent  the  State  Panel  or  the
31    Local  Panel  from  determining  that  employers are joint or
32    co-employers.
33        (p)  "Security  employee"  means  an  employee   who   is
34    responsible  for  the  supervision  and control of inmates at
 
                            -86-     LRB093 03133 JAM 20243 a
 1    correctional  facilities.   The  term  also  includes   other
 2    non-security   employees   in  bargaining  units  having  the
 3    majority of employees being responsible for  the  supervision
 4    and control of inmates at correctional facilities.
 5        (q)  "Short-term  employee"  means  an  employee  who  is
 6    employed for less than 2 consecutive calendar quarters during
 7    a  calendar year and who does not have a reasonable assurance
 8    that he or she will be rehired by the same employer  for  the
 9    same service in a subsequent calendar year.
10        (r)  "Supervisor"  is an employee whose principal work is
11    substantially different from that of his or her  subordinates
12    and  who  has  authority, in the interest of the employer, to
13    hire, transfer, suspend, lay off, recall, promote, discharge,
14    direct, reward, or  discipline  employees,  to  adjust  their
15    grievances, or to effectively recommend any of those actions,
16    if  the exercise of that authority is not of a merely routine
17    or clerical  nature,  but  requires  the  consistent  use  of
18    independent   judgment.   Except   with   respect  to  police
19    employment,  the  term  "supervisor"  includes   only   those
20    individuals  who  devote  a preponderance of their employment
21    time  to  exercising  that   authority,   State   supervisors
22    notwithstanding.   In  addition,  in  determining supervisory
23    status in police employment, rank shall not be determinative.
24    The Board shall consider,  as  evidence  of  bargaining  unit
25    inclusion  or  exclusion, the common law enforcement policies
26    and  relationships   between   police   officer   ranks   and
27    certification under applicable civil service law, ordinances,
28    personnel  codes,  or  Division  2.1  of  Article  10  of the
29    Illinois Municipal Code, but these factors shall not  be  the
30    sole  or  predominant  factors  considered  by  the  Board in
31    determining police supervisory status.
32        Notwithstanding   the   provisions   of   the   preceding
33    paragraph, in determining supervisory status in fire  fighter
34    employment, no fire fighter shall be excluded as a supervisor
 
                            -87-     LRB093 03133 JAM 20243 a
 1    who  has established representation rights under Section 9 of
 2    this Act.  Further, in  new  fire  fighter  units,  employees
 3    shall consist of fire fighters of the rank of company officer
 4    and  below.  If  a  company  officer otherwise qualifies as a
 5    supervisor under the preceding paragraph, however, he or  she
 6    shall  not be included in the fire fighter unit.  If there is
 7    no rank  between  that  of  chief  and  the  highest  company
 8    officer,  the employer may designate a position on each shift
 9    as  a  Shift  Commander,  and  the  persons  occupying  those
10    positions shall be supervisors.  All other ranks  above  that
11    of company officer shall be supervisors.
12        (s) (1)  "Unit"  means  a class of jobs or positions that
13        are held by  employees  whose  collective  interests  may
14        suitably  be  represented  by  a  labor  organization for
15        collective bargaining.  Except with respect to  non-State
16        fire fighters and paramedics employed by fire departments
17        and  fire protection districts, non-State peace officers,
18        and peace officers in the Department of State  Police,  a
19        bargaining unit determined by the Board shall not include
20        both  employees  and  supervisors,  or  supervisors only,
21        except as provided in paragraph (2)  of  this  subsection
22        (s)  and except for bargaining units in existence on July
23        1, 1984 (the effective date of this Act).   With  respect
24        to  non-State  fire  fighters  and paramedics employed by
25        fire departments and fire protection districts, non-State
26        peace officers, and peace officers in the  Department  of
27        State  Police,  a bargaining unit determined by the Board
28        shall not include both supervisors and nonsupervisors, or
29        supervisors only, except as provided in paragraph (2)  of
30        this  subsection  (s)  and except for bargaining units in
31        existence on January 1, 1986 (the effective date of  this
32        amendatory Act of 1985).  A bargaining unit determined by
33        the  Board  to  contain  peace  officers shall contain no
34        employees other  than  peace  officers  unless  otherwise
 
                            -88-     LRB093 03133 JAM 20243 a
 1        agreed  to  by the employer and the labor organization or
 2        labor organizations involved.  Notwithstanding any  other
 3        provision  of  this  Act,  a bargaining unit, including a
 4        historical  bargaining  unit,  containing   sworn   peace
 5        officers of the Department of Natural Resources (formerly
 6        designated  the Department of Conservation) shall contain
 7        no employees other than such sworn  peace  officers  upon
 8        the effective date of this amendatory Act of 1990 or upon
 9        the   expiration   date   of  any  collective  bargaining
10        agreement in effect  upon  the  effective  date  of  this
11        amendatory  Act  of  1990  covering both such sworn peace
12        officers and other employees.
13             (2)  Notwithstanding the  exclusion  of  supervisors
14        from  bargaining  units  as  provided in paragraph (1) of
15        this subsection (s),  a  public  employer  may  agree  to
16        permit its supervisory employees to form bargaining units
17        and  may  bargain with those units.  This Act shall apply
18        if the public employer  chooses  to  bargain  under  this
19        subsection.
20    (Source: P.A. 93-204, eff. 7-16-03.)

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

26        (5 ILCS 350/1) (from Ch. 127, par. 1301)
27        Sec. 1.  Definitions.  For the purpose of this Act:
28        (a)  The term "State" means the State  of  Illinois,  the
29    General Assembly, the court, or any State office, department,
30    division,   bureau,  board,  commission,  or  committee,  the
31    governing  boards  of  the  public  institutions  of   higher
32    education  created by the State, the Illinois National Guard,
 
                            -89-     LRB093 03133 JAM 20243 a
 1    the Comprehensive Health Insurance Board, any poison  control
 2    center  designated  under  the Poison Control System Act that
 3    receives   State   funding,   or   any   other   agency    or
 4    instrumentality  of  the  State.   It does not mean any local
 5    public entity as that term is defined in Section 1-206 of the
 6    Local Governmental and Governmental Employees  Tort  Immunity
 7    Act or a pension fund.
 8        (b)  The  term  "employee"  means  any  present or former
 9    elected or appointed officer,  trustee  or  employee  of  the
10    State,   or   of  a  pension  fund,  any  present  or  former
11    commissioner or employee of the Executive  Ethics  Commission
12    or  of  the  Legislative  Ethics  Commission,  any present or
13    former Executive, Legislative, or Auditor General's Inspector
14    General, any present or former employee of an  Office  of  an
15    Executive,   Legislative,   or  Auditor  General's  Inspector
16    General,  any  present  or  former  member  of  the  Illinois
17    National  Guard  while  on  active   duty,   individuals   or
18    organizations   who   contract   with   the   Department   of
19    Corrections, the Comprehensive Health Insurance Board, or the
20    Department   of   Veterans'   Affairs  to  provide  services,
21    individuals or organizations who contract with the Department
22    of Human Services (as successor to the Department  of  Mental
23    Health  and  Developmental  Disabilities) to provide services
24    including but not limited to treatment and other services for
25    sexually violent persons, individuals  or  organizations  who
26    contract  with  the  Department of Military Affairs for youth
27    programs,  individuals  or  organizations  who  contract   to
28    perform  carnival  and  amusement ride safety inspections for
29    the Department of Labor,  individual  representatives  of  or
30    designated  organizations  authorized to represent the Office
31    of State Long-Term Ombudsman for  the  Department  on  Aging,
32    individual  representatives of or organizations designated by
33    the Department on Aging in the performance of their duties as
34    elder abuse  provider  agencies  or  regional  administrative
 
                            -90-     LRB093 03133 JAM 20243 a
 1    agencies  under  the Elder Abuse and Neglect Act, individuals
 2    or organizations who perform volunteer services for the State
 3    where such volunteer  relationship  is  reduced  to  writing,
 4    individuals  who  serve on any public entity (whether created
 5    by law or administrative action) described in  paragraph  (a)
 6    of  this Section, individuals or not for profit organizations
 7    who, either as volunteers, where such volunteer  relationship
 8    is  reduced  to  writing,  or  pursuant  to contract, furnish
 9    professional  advice  or  consultation  to  any   agency   or
10    instrumentality of the State, individuals who serve as foster
11    parents  for  the  Department of Children and Family Services
12    when caring for a Department ward, and individuals who  serve
13    as arbitrators pursuant to Part 10A of Article II of the Code
14    of  Civil  Procedure  and  the  rules  of  the  Supreme Court
15    implementing Part 10A, each as now or hereafter amended,  but
16    does not mean an independent contractor except as provided in
17    this Section. The term includes an individual appointed as an
18    inspector  by  the  Director  of State Police when performing
19    duties within the scope of the activities of  a  Metropolitan
20    Enforcement   Group   or   a   law  enforcement  organization
21    established under the Intergovernmental Cooperation  Act.  An
22    individual  who  renders professional advice and consultation
23    to the State through an organization which  qualifies  as  an
24    "employee"  under  the  Act  is  also  an  employee. The term
25    includes  the  estate  or  personal  representative   of   an
26    employee.
27        (c)  The term "pension fund" means a retirement system or
28    pension fund created under the Illinois Pension Code.
29    (Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)

30        (5 ILCS 395/Act rep.)
31        Section  80.  If and only if House Bill 3412 as passed by
32    the 93rd General Assembly becomes  law  by  override  of  the
33    Governor's amendatory veto, the Whistle Blower Protection Act
 
                            -91-     LRB093 03133 JAM 20243 a
 1    is repealed.

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

 7        (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
 8        Sec.  4A-101.  Persons  required  to file.  The following
 9    persons shall file verified written  statements  of  economic
10    interests, as provided in this Article:
11             (a)  Members  of the General Assembly and candidates
12        for nomination or election to the General Assembly.
13             (b)  Persons  holding  an  elected  office  in   the
14        Executive  Branch  of  this  State,  and  candidates  for
15        nomination or election to these offices.
16             (c)  Members of a Commission or Board created by the
17        Illinois  Constitution,  and candidates for nomination or
18        election to such Commission or Board.
19             (d)  Persons whose appointment to office is  subject
20        to confirmation by the Senate.
21             (e)  Holders  of,  and  candidates for nomination or
22        election to, the office of judge or  associate  judge  of
23        the  Circuit  Court  and  the  office  of  judge  of  the
24        Appellate or Supreme Court.
25             (f)  Persons who are employed by any branch, agency,
26        authority  or  board  of  the  government  of this State,
27        including but not limited to,  the  Illinois  State  Toll
28        Highway   Authority,  the  Illinois  Housing  Development
29        Authority, the  Illinois  Community  College  Board,  and
30        institutions  under  the  jurisdiction  of  the  Board of
31        Trustees of the University of Illinois, Board of Trustees
32        of Southern Illinois University,  Board  of  Trustees  of
 
                            -92-     LRB093 03133 JAM 20243 a
 1        Chicago  State  University,  Board of Trustees of Eastern
 2        Illinois University,  Board  of  Trustees  of  Governor's
 3        State  University,  Board  of  Trustees of Illinois State
 4        University, Board of Trustees  of  Northeastern  Illinois
 5        University,   Board  of  Trustees  of  Northern  Illinois
 6        University,  Board  of  Trustees  of   Western   Illinois
 7        University,   or   Board  of  Trustees  of  the  Illinois
 8        Mathematics and Science Academy, and are compensated  for
 9        services  as employees and not as independent contractors
10        and who:
11                  (1)  are,  or  function  as,  the  head  of   a
12             department,  commission,  board,  division,  bureau,
13             authority  or  other  administrative unit within the
14             government of this State, or  who  exercise  similar
15             authority within the government of this State;
16                  (2)  have direct supervisory authority over, or
17             direct    responsibility    for   the   formulation,
18             negotiation,  issuance  or  execution  of  contracts
19             entered into by the State in the amount of $5,000 or
20             more;
21                  (3)  have  authority  for   the   issuance   or
22             promulgation  of  rules and regulations within areas
23             under the authority of the State;
24                  (4)  have  authority  for   the   approval   of
25             professional licenses;
26                  (5)  have  responsibility  with  respect to the
27             financial inspection  of  regulated  nongovernmental
28             entities;
29                  (6)  adjudicate,   arbitrate,   or  decide  any
30             judicial or administrative proceeding, or review the
31             adjudication,  arbitration  or   decision   of   any
32             judicial  or  administrative  proceeding  within the
33             authority of the State; or
34                  (7)  have supervisory responsibility for 20  or
 
                            -93-     LRB093 03133 JAM 20243 a
 1             more employees of the State.
 2             (g)  Persons  who are elected to office in a unit of
 3        local  government,  and  candidates  for  nomination   or
 4        election    to    that    office,    including   regional
 5        superintendents of school districts.
 6             (h)  Persons appointed to the governing board  of  a
 7        unit  of  local government, or of a special district, and
 8        persons appointed to a zoning board, or zoning  board  of
 9        appeals,  or  to  a  regional,  county, or municipal plan
10        commission, or to a board of review of  any  county,  and
11        persons  appointed  to the Board of the Metropolitan Pier
12        and Exposition Authority and any Trustee appointed  under
13        Section  22  of  the  Metropolitan  Pier  and  Exposition
14        Authority  Act,  and  persons  appointed  to  a  board or
15        commission  of  a  unit  of  local  government  who  have
16        authority to authorize the expenditure of  public  funds.
17        This  subsection  does  not apply to members of boards or
18        commissions who function in an advisory capacity.
19             (i)  Persons who are employed by  a  unit  of  local
20        government  and are compensated for services as employees
21        and not as independent contractors and who:
22                  (1)  are,  or  function  as,  the  head  of   a
23             department,  division,  bureau,  authority  or other
24             administrative  unit  within  the  unit   of   local
25             government, or who exercise similar authority within
26             the unit of local government;
27                  (2)  have direct supervisory authority over, or
28             direct    responsibility    for   the   formulation,
29             negotiation,  issuance  or  execution  of  contracts
30             entered into by the unit of local government in  the
31             amount of $1,000 or greater;
32                  (3)  have  authority  to  approve  licenses and
33             permits by the unit of local government;  this  item
34             does   not  include  employees  who  function  in  a
 
                            -94-     LRB093 03133 JAM 20243 a
 1             ministerial capacity;
 2                  (4)  adjudicate,  arbitrate,  or   decide   any
 3             judicial or administrative proceeding, or review the
 4             adjudication,   arbitration   or   decision  of  any
 5             judicial or  administrative  proceeding  within  the
 6             authority of the unit of local government;
 7                  (5)  have  authority  to  issue  or  promulgate
 8             rules   and   regulations  within  areas  under  the
 9             authority of the unit of local government; or
10                  (6)  have supervisory responsibility for 20  or
11             more employees of the unit of local government.
12             (j)  Persons   on  the  Board  of  Trustees  of  the
13        Illinois Mathematics and Science Academy.
14             (k)  Persons  employed  by  a  school  district   in
15        positions   that   require   that   person   to  hold  an
16        administrative  or  a  chief  school  business   official
17        endorsement.
18             (l)  Special    government    agents.   A   "special
19        government agent" is a person who is directed,  retained,
20        designated,  appointed,  or  employed,  with  or  without
21        compensation,  by  or  on behalf of a statewide executive
22        branch  constitutional  officer  to  make  an  ex   parte
23        communication  under  Section 5-50 of the State Officials
24        and Employees Ethics Act or Section 5-165 of the Illinois
25        Administrative Procedure Act. (Blank).
26        This Section shall not be construed to prevent  any  unit
27    of   local  government  from  enacting  financial  disclosure
28    requirements that mandate  more information than required  by
29    this Act.
30    (Source: P.A. 91-622, eff. 8-19-99.)

31        (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
32        Sec.   4A-102.    The  statement  of  economic  interests
33    required by this Article shall include the economic interests
 
                            -95-     LRB093 03133 JAM 20243 a
 1    of the person  making  the  statement  as  provided  in  this
 2    Section.   The  interest (if constructively controlled by the
 3    person making the statement) of a spouse or any other  party,
 4    shall  be  considered  to  be the same as the interest of the
 5    person making the statement.  Campaign receipts shall not  be
 6    included in this statement.
 7        (a)  The  following  interests  shall  be  listed  by all
 8    persons required to file:
 9             (1)  The name, address and type of practice  of  any
10        professional   organization  or  individual  professional
11        practice in which the person making the statement was  an
12        officer,  director,  associate, partner or proprietor, or
13        served in any advisory capacity,  from  which  income  in
14        excess of $1200 was derived during the preceding calendar
15        year;
16             (2)  The nature of professional services (other than
17        services  rendered  to the unit or units of government in
18        relation to which the person is required to file) and the
19        nature of the entity to which they were rendered if  fees
20        exceeding  $5,000  were  received  during  the  preceding
21        calendar  year  from the entity for professional services
22        rendered by the person making the statement.
23             (3)  The identity (including the  address  or  legal
24        description  of  real  estate)  of any capital asset from
25        which a capital gain of $5,000 or more  was  realized  in
26        the preceding calendar year.
27             (4)  The  name  of  any unit of government which has
28        employed the  person  making  the  statement  during  the
29        preceding  calendar  year other than the unit or units of
30        government in relation to which the person is required to
31        file.
32             (5)  The name of any entity from  which  a  gift  or
33        gifts,  or  honorarium  or honoraria, valued singly or in
34        the aggregate in excess of $500, was received during  the
 
                            -96-     LRB093 03133 JAM 20243 a
 1        preceding calendar year.
 2        (b)  The  following  interests  shall  also  be listed by
 3    persons listed in items (a)  through  (f)  and  item  (l)  of
 4    Section 4A-101:
 5             (1)  The  name  and  instrument  of ownership in any
 6        entity doing business in the State of Illinois, in  which
 7        an  ownership  interest held by the person at the date of
 8        filing is in excess of $5,000 fair market value  or  from
 9        which  dividends  of  in  excess  of  $1,200 were derived
10        during the preceding calendar year. (In the case of  real
11        estate,  location  thereof  shall  be  listed  by  street
12        address,  or if none, then by legal description). No time
13        or demand deposit in a  financial  institution,  nor  any
14        debt instrument need be listed;
15             (2)  Except  for  professional service entities, the
16        name of any entity and any  position  held  therein  from
17        which  income  of  in excess of $1,200 was derived during
18        the preceding calendar year, if the entity does  business
19        in  the State of Illinois. No time or demand deposit in a
20        financial institution, nor any debt  instrument  need  be
21        listed.
22             (3)  The  identity  of any compensated lobbyist with
23        whom the person making the statement  maintains  a  close
24        economic  association, including the name of the lobbyist
25        and specifying the legislative matter  or  matters  which
26        are  the  object of the lobbying activity, and describing
27        the general type of economic activity of  the  client  or
28        principal on whose behalf that person is lobbying.
29        (c)  The  following  interests  shall  also  be listed by
30    persons listed in items (g), (h), and (i), and (l) of Section
31    4A-101:
32             (1)  The name and instrument  of  ownership  in  any
33        entity  doing business with a unit of local government in
34        relation to which the person is required to file  if  the
 
                            -97-     LRB093 03133 JAM 20243 a
 1        ownership  interest  of the person filing is greater than
 2        $5,000 fair market value as of the date of filing  or  if
 3        dividends  in  excess  of  $1,200  were received from the
 4        entity during the preceding calendar year. (In  the  case
 5        of  real  estate,  location  thereof  shall  be listed by
 6        street address, or if none, then by  legal  description).
 7        No time or demand deposit in a financial institution, nor
 8        any debt instrument need be listed.
 9             (2)  Except  for  professional service entities, the
10        name of any entity and any  position  held  therein  from
11        which  income  in excess of $1,200 was derived during the
12        preceding calendar year if the entity does business  with
13        a  unit  of  local  government  in  relation to which the
14        person is required to file. No time or demand deposit  in
15        a  financial institution, nor any debt instrument need be
16        listed.
17             (3)  The name of any entity and the  nature  of  the
18        governmental  action  requested  by  any entity which has
19        applied to a unit of  local  government  in  relation  to
20        which  the person must file for any license, franchise or
21        permit for annexation, zoning or rezoning of real  estate
22        during  the  preceding  calendar  year  if  the ownership
23        interest of the person filing is in excess of $5,000 fair
24        market value at the  time  of  filing  or  if  income  or
25        dividends in excess of $1,200 were received by the person
26        filing  from  the  entity  during  the preceding calendar
27        year.
28    (Source: P.A. 92-101, eff. 1-1-02.)

29        (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
30        Sec. 4A-105. Time for  filing.   Except  as  provided  in
31    Section  4A-106.1,  by May 1 of each year a statement must be
32    filed by each person whose position at that time subjects him
33    to the filing requirements of Section 4A-101  unless  he  has
 
                            -98-     LRB093 03133 JAM 20243 a
 1    already  filed  a  statement  in relation to the same unit of
 2    government in that calendar year.
 3        Statements must also be filed as follows:
 4             (a)  A candidate for elective office shall file  his
 5        statement  not  later  than  the end of the period during
 6        which he can take the action necessary under the laws  of
 7        this   State   to  attempt  to  qualify  for  nomination,
 8        election, or retention to such office if he has not filed
 9        a statement in relation to the same  unit  of  government
10        within a year preceding such action.
11             (b)  A person whose appointment to office is subject
12        to confirmation by the Senate shall file his statement at
13        the  time  his  name  is  submitted  to  the  Senate  for
14        confirmation.
15             (b-5)  A  special  government  agent,  as defined in
16        Section 5-50 of the State Officials and Employees  Ethics
17        Act  and  in Section 5-165 of the Illinois Administrative
18        Procedure Act, shall file  a  statement  within  30  days
19        after  making  the  first ex parte communication and each
20        May 1 thereafter if he  or  she  has  made  an  ex  parte
21        communication within the previous 12 months.
22             (c)  Any  other  person  required by this Article to
23        file the statement shall file a statement at the time  of
24        his  or her initial appointment or employment in relation
25        to that unit of government if appointed  or  employed  by
26        May 1.
27        If  any  person  who  is  required to file a statement of
28    economic interests fails to file such statement by May  1  of
29    any year, the officer with whom such statement is to be filed
30    under  Section  4A-106 of this Act shall, within 7 days after
31    May 1, notify such person by certified mail  of  his  or  her
32    failure  to  file  by  the  specified date.  Except as may be
33    prescribed by rule of the Secretary  of  State,  such  person
34    shall  file  his or her statement of economic interests on or
 
                            -99-     LRB093 03133 JAM 20243 a
 1    before May 15 with the appropriate officer, together  with  a
 2    $15  late  filing  fee.  Any such person who fails to file by
 3    May 15 shall be subject to a penalty of  $100  for  each  day
 4    from May 16 to the date of filing, which shall be in addition
 5    to  the $15 late filing fee specified above.  Failure to file
 6    by May 31 shall result in a  forfeiture  in  accordance  with
 7    Section 4A-107 of this Act.
 8        Any person who takes office or otherwise becomes required
 9    to  file  a  statement  of  economic interests within 30 days
10    prior to May 1 of any year may file his or her  statement  at
11    any time on or before May 31 without penalty.  If such person
12    fails to file such statement by May 31, the officer with whom
13    such  statement  is  to be filed under Section 4A-106 of this
14    Act shall, within 7 days after May 31, notify such person  by
15    certified mail of his or her failure to file by the specified
16    date.   Such  person  shall  file  his  or  her  statement of
17    economic interests on or before June 15 with the  appropriate
18    officer,  together  with  a  $15  late  filing fee.  Any such
19    person who fails to file by June 15 shall  be  subject  to  a
20    penalty of $100 per day for each day from June 16 to the date
21    of  filing, which shall be in addition to the $15 late filing
22    fee specified above.  Failure to file by June 30 shall result
23    in a forfeiture in accordance with  Section  4A-107  of  this
24    Act.
25        All  late filing fees and penalties collected pursuant to
26    this Section shall be paid into the General Revenue  Fund  in
27    the  State  treasury, if the Secretary of State receives such
28    statement for filing, or into the general fund in the  county
29    treasury,  if  the  county  clerk receives such statement for
30    filing.  The Attorney General, with respect to the State, and
31    the several State's  Attorneys,  with  respect  to  counties,
32    shall  take  appropriate  action  to  collect  the prescribed
33    penalties.
34        Failure to file a statement of economic interests  within
 
                            -100-    LRB093 03133 JAM 20243 a
 1    the   time   prescribed   shall  not  result  in  a  fine  or
 2    ineligibility for, or forfeiture of, office  or  position  of
 3    employment,  as the case may be; provided that the failure to
 4    file results from not being included for notification by  the
 5    appropriate  agency,  clerk,  secretary,  officer  or unit of
 6    government, as the case may be, and that a statement is filed
 7    within 30 days of actual notice of the failure to file.
 8    (Source: P.A.  88-187;  88-605,  eff.  9-1-94;  89-433,  eff.
 9    12-15-95.)

10        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
11        Sec.   4A-106.   The  statements  of  economic  interests
12    required of persons listed in items (a) through (f), and item
13    (j), and item (l) of Section 4A-101 shall be filed  with  the
14    Secretary  of  State.   The  statements of economic interests
15    required of persons listed in items (g), (h), (i),  and  (k),
16    and  (l)  of  Section  4A-101  shall be filed with the county
17    clerk of the county in which the principal office of the unit
18    of local government with which the person  is  associated  is
19    located.   If  it  is not apparent which county the principal
20    office of a unit of local government is  located,  the  chief
21    administrative  officer,  or  his  or  her  designee, has the
22    authority, for purposes of this Act, to determine the  county
23    in  which  the  principal  office  is  located.  On or before
24    February 1 annually, (1) the chief administrative officer  of
25    any  State  agency in the executive, legislative, or judicial
26    branch employing persons required to file under item  (f)  or
27    item  (l) of Section 4A-101 shall certify to the Secretary of
28    State the names and mailing addresses of those  persons,  and
29    (2) the chief administrative officer, or his or her designee,
30    of  each  unit  of local government with persons described in
31    items (h), (i) and (k) of Section 4A-101 shall certify to the
32    appropriate county clerk a list of  names  and  addresses  of
33    persons described in items (h), (i) and (k) of Section 4A-101
 
                            -101-    LRB093 03133 JAM 20243 a
 1    that  are  required  to  file.   In preparing the lists, each
 2    chief administrative officer, or his or her  designee,  shall
 3    set out the names in alphabetical order.
 4        On  or  before  February 1 annually, the secretary to the
 5    board of education  for  local  school  councils  established
 6    pursuant  to  Section 34-2.1 of the School Code shall certify
 7    to the county clerk the names and mailing addresses of  those
 8    persons described in item (l) of Section 4A-101.
 9        On  or  before  April  1 annually, the Secretary of State
10    shall notify (1) all persons whose names have been  certified
11    to  him  under  items item (f) and (l) of Section 4A-101, and
12    (2) all persons described in items (a) through (e)  and  item
13    (j)  of  Section 4A-101, other than candidates for office who
14    have filed their statements with their nominating  petitions,
15    of   the  requirements  for  filing  statements  of  economic
16    interests. A person required to file with  the  Secretary  of
17    State by virtue of more than one item among items (a) through
18    (f)  and  items  item (j) and (l) shall be notified of and is
19    required to file only one  statement  of  economic  interests
20    relating  to  all items under which the person is required to
21    file with the Secretary of State.
22        On or before April 1 annually, the county clerk  of  each
23    county  shall  notify  all  persons  whose  names  have  been
24    certified  to him under items (g), (h), (i), and (k), and (l)
25    of Section 4A-101, other than candidates for office who  have
26    filed  their  statements  with their nominating petitions, of
27    the requirements for filing statements of economic interests.
28    A person required to file with a county clerk  by  virtue  of
29    more  than  one  item among items (g), (h), (i), and (k), and
30    (l) shall be notified of and is required  to  file  only  one
31    statement  of  economic interests relating to all items under
32    which the person is required to file with that county clerk.
33        Except as  provided  in  Section  4A-106.1,  the  notices
34    provided  for  in  this  Section  shall  be  in  writing  and
 
                            -102-    LRB093 03133 JAM 20243 a
 1    deposited  in  the U.S. Mail, properly addressed, first class
 2    postage prepaid, on  or  before  the  day  required  by  this
 3    Section for the sending of the notice. A certificate executed
 4    by  the  Secretary of State or county clerk attesting that he
 5    has  mailed  the  notice  constitutes  prima  facie  evidence
 6    thereof.
 7        From the lists certified to him  under  this  Section  of
 8    persons described in items (g), (h), (i), and (k), and (l) of
 9    Section  4A-101,  the  clerk  of each county shall compile an
10    alphabetical listing of persons required to  file  statements
11    of economic interests in his office under any of those items.
12    As  the  statements are filed in his office, the county clerk
13    shall cause the fact of that filing to be  indicated  on  the
14    alphabetical  listing  of  persons  who  are required to file
15    statements. Within 30 days after the due  dates,  the  county
16    clerk  shall mail to the State Board of Elections a true copy
17    of that listing showing those who have filed statements.
18        The county clerk of  each  county  shall  note  upon  the
19    alphabetical  listing  the  names  of all persons required to
20    file a statement of economic interests who failed to  file  a
21    statement  on  or  before May 1.  It shall be the duty of the
22    several county clerks to give notice as provided  in  Section
23    4A-105  to  any  person  who  has  failed  to file his or her
24    statement with the clerk on or before May 1.
25        Any person who files or has filed a statement of economic
26    interest under this Act  is  entitled  to  receive  from  the
27    Secretary  of  State  or  county clerk, as the case may be, a
28    receipt  indicating  that  the  person  has  filed   such   a
29    statement,  the  date of such filing, and the identity of the
30    governmental unit or units in relation to which the filing is
31    required.
32        The Secretary of State  may  employ  such  employees  and
33    consultants as he considers necessary to carry out his duties
34    hereunder,   and   may  prescribe  their  duties,  fix  their
 
                            -103-    LRB093 03133 JAM 20243 a
 1    compensation,  and  provide  for   reimbursement   of   their
 2    expenses.
 3        All  statements  of  economic  interests filed under this
 4    Section shall be available for examination and copying by the
 5    public at all reasonable times.  Not  later  than  12  months
 6    after  the  effective date of this amendatory Act of the 93rd
 7    General Assembly, beginning with statements filed in calendar
 8    year 2004, the Secretary of State shall  make  statements  of
 9    economic  interests  filed  with  the Secretary available for
10    inspection and copying  via  the  Secretary's  website.  Each
11    person examining a statement filed with the county clerk must
12    first  fill  out  a  form  prepared by the Secretary of State
13    identifying the examiner by  name,  occupation,  address  and
14    telephone  number,  and  listing  the date of examination and
15    reason for such examination.  The Secretary  of  State  shall
16    supply such forms to the county clerks annually and replenish
17    such forms upon request.
18        The  Secretary  of State or county clerk, as the case may
19    be, shall promptly notify each  person  required  to  file  a
20    statement   under   this  Article  of  each  instance  of  an
21    examination of his  statement  by  sending  him  a  duplicate
22    original  of the identification form filled out by the person
23    examining his statement.
24    (Source: P.A. 92-101, eff. 1-1-02.)

25        (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
26        Sec. 4A-107. Any person required to file a  statement  of
27    economic  interests  under this Article who willfully files a
28    false or incomplete statement shall be guilty of  a  Class  A
29    misdemeanor.
30        Failure  to  file  a statement within the time prescribed
31    shall result in ineligibility for, or forfeiture  of,  office
32    or  position  of  employment,  as  the case may be; provided,
33    however, that if the notice of failure to file a statement of
 
                            -104-    LRB093 03133 JAM 20243 a
 1    economic interests provided in Section 4A-105 of this Act  is
 2    not  given  by the Secretary of State or the county clerk, as
 3    the case may be, no forfeiture shall result if a statement is
 4    filed within 30 days of actual notice of the failure to file.
 5        The  Attorney  General,  with  respect  to   offices   or
 6    positions  described  in  items (a) through (f) and items (j)
 7    and (l) of  Section  4A-101  of  this  Act,  or  the  State's
 8    Attorney  of the county of the entity for which the filing of
 9    statements of economic interests is required, with respect to
10    offices or positions described in items (g) through  (i)  and
11    item, (k), and (l) of Section 4A-101 of this Act, shall bring
12    an  action  in quo warranto against any person who has failed
13    to file by either May 31 or June 30 of any given year.
14    (Source: P.A. 88-187; 88-511.)

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

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

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

29        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
30        Sec. 4c.  General exemptions.  The following positions in
 
                            -105-    LRB093 03133 JAM 20243 a
 1    State service shall be exempt from jurisdictions A, B, and C,
 2    unless  the  jurisdictions  shall  be extended as provided in
 3    this Act:
 4             (1)  All officers elected by the people.
 5             (2)  All positions under  the  Lieutenant  Governor,
 6        Secretary  of  State, State Treasurer, State Comptroller,
 7        State Board of Education, Clerk of the Supreme Court, and
 8        Attorney General.
 9             (3)  Judges,  and  officers  and  employees  of  the
10        courts, and notaries public.
11             (4)  All officers  and  employees  of  the  Illinois
12        General    Assembly,   all   employees   of   legislative
13        commissions, all officers and employees of  the  Illinois
14        Legislative  Reference  Bureau,  the Legislative Research
15        Unit, and the Legislative Printing Unit.
16             (5)  All positions in the  Illinois  National  Guard
17        and  Illinois  State  Guard,  paid  from federal funds or
18        positions  in  the  State   Military  Service  filled  by
19        enlistment and paid from State funds.
20             (6)  All employees of the Governor at the  executive
21        mansion and on his immediate personal staff.
22             (7)  Directors of Departments, the Adjutant General,
23        the  Assistant  Adjutant  General,  the  Director  of the
24        Illinois Emergency Management Agency, members  of  boards
25        and  commissions,   and  all other positions appointed by
26        the Governor by and with the consent of the Senate.
27             (8)  The presidents, other principal  administrative
28        officers,  and teaching, research and extension faculties
29        of Chicago State University, Eastern Illinois University,
30        Governors State University,  Illinois  State  University,
31        Northeastern   Illinois   University,  Northern  Illinois
32        University, Western  Illinois  University,  the  Illinois
33        Community  College  Board,  Southern Illinois University,
34        Illinois  Board  of  Higher  Education,   University   of
 
                            -106-    LRB093 03133 JAM 20243 a
 1        Illinois,   State   Universities  Civil  Service  System,
 2        University  Retirement  System  of  Illinois,   and   the
 3        administrative  officers  and  scientific  and  technical
 4        staff of the Illinois State Museum.
 5             (9)  All  other  employees  except  the  presidents,
 6        other  principal  administrative  officers, and teaching,
 7        research and  extension  faculties  of  the  universities
 8        under  the  jurisdiction  of the Board of Regents and the
 9        colleges and universities under the  jurisdiction of  the
10        Board  of  Governors  of State Colleges and Universities,
11        Illinois  Community  College  Board,  Southern   Illinois
12        University,  Illinois Board of Higher Education, Board of
13        Governors of State Colleges and Universities,  the  Board
14        of  Regents,  University  of Illinois, State Universities
15        Civil Service System,  University  Retirement  System  of
16        Illinois,  so long as these are subject to the provisions
17        of the State Universities Civil Service Act.
18             (10)  The State Police so long as they  are  subject
19        to the merit provisions of the State Police Act.
20             (11)  The  scientific  staff of the State Scientific
21        Surveys and the Waste Management and Research Center.
22             (12)  The technical and engineering  staffs  of  the
23        Department  of  Transportation, the Department of Nuclear
24        Safety, the Pollution Control  Board,  and  the  Illinois
25        Commerce  Commission,  and  the technical and engineering
26        staff providing architectural and engineering services in
27        the Department of Central Management Services.
28             (13)  All  employees  of  the  Illinois  State  Toll
29        Highway Authority.
30             (14)  The Secretary of the Industrial Commission.
31             (15)  All persons who are appointed or  employed  by
32        the Director of Insurance  under authority of Section 202
33        of the Illinois Insurance Code to assist the Director  of
34        Insurance in discharging his responsibilities relating to
 
                            -107-    LRB093 03133 JAM 20243 a
 1        the   rehabilitation,   liquidation,   conservation,  and
 2        dissolution  of  companies  that  are  subject   to   the
 3        jurisdiction of the Illinois  Insurance Code.
 4             (16)  All  employees  of  the St. Louis Metropolitan
 5        Area Airport Authority.
 6             (17)  All  investment  officers  employed   by   the
 7        Illinois State Board of Investment.
 8             (18)  Employees   of   the   Illinois   Young  Adult
 9        Conservation Corps program, administered by the  Illinois
10        Department of Natural Resources, authorized grantee under
11        Title  VIII  of the Comprehensive Employment and Training
12        Act of 1973, 29 USC 993.
13             (19)  Seasonal  employees  of  the   Department   of
14        Agriculture  for the operation of the Illinois State Fair
15        and the DuQuoin State Fair, no one person receiving  more
16        than 29 days of such employment in any calendar year.
17             (20)  All  "temporary"  employees  hired  under  the
18        Department  of  Natural  Resources' Illinois Conservation
19        Service, a youth  employment  program  that  hires  young
20        people to work in State parks for a period of one year or
21        less.
22             (21)  All  hearing  officers  of  the  Human  Rights
23        Commission.
24             (22)  All  employees of the Illinois Mathematics and
25        Science Academy.
26             (23)  All employees of  the  Kankakee  River  Valley
27        Area Airport Authority.
28             (24)  The   commissioners   and   employees  of  the
29        Executive Ethics Commission.
30             (25)  The Executive  Inspectors  General,  including
31        special  Executive  Inspectors  General, and employees of
32        each Office of an Executive Inspector General.
33             (26)  The  commissioners  and   employees   of   the
34        Legislative Ethics Commission.
 
                            -108-    LRB093 03133 JAM 20243 a
 1             (27)  The  Legislative  Inspector General, including
 2        special Legislative Inspectors General, and employees  of
 3        the Office of the Legislative Inspector General.
 4             (28)  The  Auditor  General's  Inspector General and
 5        employees  of  the  Office  of  the   Auditor   General's
 6        Inspector General.
 7    (Source:  P.A.  90-490,  eff.  8-17-97;  91-214, eff. 1-1-00;
 8    91-357, eff. 7-29-99.)

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

13        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
14        Sec. 4.  Office allowance.  Beginning July 1, 2001,  each
15    member  of  the  House  of  Representatives  is authorized to
16    approve the expenditure of not more than $61,000 per year and
17    each member of  the  Senate  is  authorized  to  approve  the
18    expenditure  of  not  more  than  $73,000 per year to pay for
19    "personal services", "contractual  services",  "commodities",
20    "printing",  "travel",  "operation  of automotive equipment",
21    "telecommunications  services",  as  defined  in  the   State
22    Finance  Act, and the compensation of one or more legislative
23    assistants authorized pursuant to this Section, in connection
24    with his or her legislative duties and not in connection with
25    any political campaign. On July 1, 2002 and on July 1 of each
26    year thereafter, the amount authorized per  year  under  this
27    Section  for each member of the Senate and each member of the
28    House of Representatives shall be increased by  a  percentage
29    increase  equivalent to the lesser of (i) the increase in the
30    designated cost of living index or (ii) 5%.   The  designated
31    cost  of  living  index is the index known as the "Employment
32    Cost Index, Wages and Salaries, By  Occupation  and  Industry
 
                            -109-    LRB093 03133 JAM 20243 a
 1    Groups:   State   and   Local   Government   Workers:  Public
 2    Administration"  as  published  by  the   Bureau   of   Labor
 3    Statistics  of  the U.S. Department of Labor for the calendar
 4    year immediately preceding the year of  the  respective  July
 5    1st  increase  date.  The increase shall be added to the then
 6    current amount, and the adjusted amount so  determined  shall
 7    be  the  annual  amount beginning July 1 of the increase year
 8    until July 1 of  the  next  year.   No  increase  under  this
 9    provision shall be less than zero.
10        A  member  may  purchase  office  equipment if the member
11    certifies to the Secretary of the Senate or the Clerk of  the
12    House,  as  applicable, that the purchase price, whether paid
13    in lump sum or installments, amounts to less  than  would  be
14    charged  for  renting  or  leasing  the  equipment  over  its
15    anticipated   useful   life.   All  such  equipment  must  be
16    purchased through the Secretary of the Senate or the Clerk of
17    the House,  as  applicable,  for  proper  identification  and
18    verification of purchase.
19        Each  member  of  the  General  Assembly is authorized to
20    employ one or  more  legislative  assistants,  who  shall  be
21    solely  under  the  direction and control of that member, for
22    the purpose of assisting the member in the performance of his
23    or her official  duties.   A  legislative  assistant  may  be
24    employed  pursuant  to  this Section as a full-time employee,
25    part-time  employee,  or   contractual   employee,   at   the
26    discretion of the member.  If employed as a State employee, a
27    legislative  assistant  shall  receive employment benefits on
28    the same terms and conditions that apply to  other  employees
29    of   the  General  Assembly.  Each  member  shall  adopt  and
30    implement personnel policies for legislative assistants under
31    his or her  direction  and  control  relating  to  work  time
32    requirements,  documentation  for reimbursement for travel on
33    official State business, compensation, and  the  earning  and
34    accrual  of  State  benefits for those legislative assistants
 
                            -110-    LRB093 03133 JAM 20243 a
 1    who may be eligible to receive those benefits.  The  policies
 2    shall  also  require  legislative  assistants to periodically
 3    submit time sheets documenting, in  quarter-hour  increments,
 4    the  time  spent  each  day  on official State business.  The
 5    policies shall require the time sheets  to  be  submitted  on
 6    paper, electronically, or both and to be maintained in either
 7    paper  or  electronic  format by the applicable fiscal office
 8    for a period of at least 2 years. Contractual  employees  may
 9    satisfy  the  time  sheets  requirement by complying with the
10    terms of their contract, which shall provide for a  means  of
11    compliance  with  this requirement.  A member may satisfy the
12    requirements of this paragraph by adopting  and  implementing
13    the   personnel   policies   promulgated   by  that  member's
14    legislative leader under the State  Officials  and  Employees
15    Ethics   Act   with  respect  to  that  member's  legislative
16    assistants.
17        As used in this  Section  the  term  "personal  services"
18    shall  include  contributions  of the State under the Federal
19    Insurance Contribution  Act  and  under  Article  14  of  the
20    Illinois  Pension  Code.   As  used  in this Section the term
21    "contractual services" shall not include improvements to real
22    property unless those improvements are the obligation of  the
23    lessee under the lease agreement.  Beginning July 1, 1989, as
24    used  in  the  Section, the term "travel" shall be limited to
25    travel in connection with a member's legislative  duties  and
26    not  in connection with any political campaign.  Beginning on
27    the effective date of this amendatory Act of the 93rd General
28    Assembly, as  used  in  this  Section,  the  term  "printing"
29    includes,  but  is  not  limited  to, newsletters, brochures,
30    certificates, congratulatory mailings,  greeting  or  welcome
31    messages,  anniversary or birthday cards, and congratulations
32    for prominent achievement cards.  As used  in  this  Section,
33    the   term   "printing"  includes  fees  for  non-substantive
34    resolutions  charged  by  the   Clerk   of   the   House   of
 
                            -111-    LRB093 03133 JAM 20243 a
 1    Representatives  under  subsection  (c-5) of Section 1 of the
 2    Legislative Materials Act. No newsletter or brochure that  is
 3    paid for, in whole or in part, with funds provided under this
 4    Section  may  be  printed or mailed during a period beginning
 5    February 1 of the year of  a  general  primary  election  and
 6    ending  the day after the general primary election and during
 7    a period beginning September 1  of  the  year  of  a  general
 8    election  and  ending  the  day  after  the general election,
 9    except that such a  newsletter  or  brochure  may  be  mailed
10    during  those  times  if  it  is  mailed  to a constituent in
11    response to that constituent's inquiry concerning  the  needs
12    of  that constituent or questions raised by that constituent.
13    Nothing in this  Section  shall  be  construed  to  authorize
14    expenditures  for  lodging  and  meals  while  a member is in
15    attendance at sessions of the General Assembly.
16        Any utility bill  for  service  provided  to  a  member's
17    district   office  for  a  period  including  portions  of  2
18    consecutive fiscal years may be paid from funds  appropriated
19    for such expenditure in either fiscal year.
20        If   a  vacancy  occurs  in  the  office  of  Senator  or
21    Representative in the General Assembly, any office  equipment
22    in  the  possession  of the vacating member shall transfer to
23    the member's successor; if the successor does not  want  such
24    equipment,  it  shall  be transferred to the Secretary of the
25    Senate or Clerk of the House of Representatives, as the  case
26    may  be,  and  if  not wanted by other members of the General
27    Assembly  then  to  the  Department  of  Central   Management
28    Services  for  treatment  as surplus property under the State
29    Property Control Act.  Each member, on or before June 30th of
30    each year,  shall  conduct  an  inventory  of  all  equipment
31    purchased  pursuant  to  this  Act.   Such inventory shall be
32    filed with the Secretary of the Senate or the  Clerk  of  the
33    House,  as  the  case may be.  Whenever a vacancy occurs, the
34    Secretary of the Senate or the Clerk of  the  House,  as  the
 
                            -112-    LRB093 03133 JAM 20243 a
 1    case   may  be,  shall  conduct  an  inventory  of  equipment
 2    purchased.
 3        In the event that a member leaves office  during  his  or
 4    her  term,  any  unexpended  or  unobligated  portion  of the
 5    allowance  granted  under  this  Section  shall  lapse.   The
 6    vacating member's successor shall be granted an allowance  in
 7    an  amount,  rounded  to  the  nearest  dollar,  computed  by
 8    dividing  the  annual  allowance  by  365 and multiplying the
 9    quotient by the number of days remaining in the fiscal year.
10        From any appropriation for the purposes of  this  Section
11    for  a  fiscal  year  which overlaps 2 General Assemblies, no
12    more than 1/2 of the annual allowance per member may be spent
13    or encumbered  by  any  member  of  either  the  outgoing  or
14    incoming  General  Assembly,  except  that  any member of the
15    incoming General Assembly who was a member  of  the  outgoing
16    General  Assembly  may  encumber  or spend any portion of his
17    annual allowance within the fiscal year.
18        The appropriation for the annual allowances permitted  by
19    this  Section  shall  be  included in an appropriation to the
20    President of the Senate and to the Speaker of  the  House  of
21    Representatives  for their respective members.  The President
22    of the Senate and the Speaker of the House shall voucher  for
23    payment  individual  members'  expenditures from their annual
24    office allowances to the State Comptroller,  subject  to  the
25    authority  of  the  Comptroller  under Section 9 of the State
26    Comptroller Act.
27    (Source: P.A. 90-569, eff. 1-28-98; 91-952, eff.  7-1-01;  93
28    HB3412enr.)

29        Section 100.  If and only if House Bill 3412 as passed by
30    the  93rd  General  Assembly  becomes  law by override of the
31    Governor's  amendatory  veto,  the   Legislative   Commission
32    Reorganization  Act  of  1984  is amended by changing Section
33    9-2.5 as follows:
 
                            -113-    LRB093 03133 JAM 20243 a
 1        (25 ILCS 130/9-2.5)
 2        Sec. 9-2.5. Newsletters and brochures.   The  Legislative
 3    Printing  Unit  may  not  print for any member of the General
 4    Assembly any  newsletters  or  brochures  during  the  period
 5    beginning  February  1  of  the  year  of  a  general primary
 6    election  and  ending  the  day  after  the  general  primary
 7    election and during a period beginning  September  1  of  the
 8    year  of  a  general  election  and  ending the day after the
 9    general election. A member of the General  Assembly  may  not
10    mail,  during  a period beginning February 1 of the year of a
11    general primary election and ending the day after the general
12    primary election and during a period beginning September 1 of
13    the year of a general election and ending the day  after  the
14    general  election,  any  newsletters  or  brochures that were
15    printed, at any  time,  by  the  Legislative  Printing  Unit,
16    except  that  such  a  newsletter  or  brochure may be mailed
17    during those times if  it  is  mailed  to  a  constituent  in
18    response  to  that constituent's inquiry concerning the needs
19    of that constituent or questions raised by that constituent.
20    (Source: 93 HB3412enr.)

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

25        (25 ILCS 170/3.1)
26        Sec.  3.1.  Prohibition  on   serving   on   boards   and
27    commissions.  Notwithstanding any other law of this State, on
28    and  after  February  1,  2004,  but  not before that date, a
29    person required to be registered under this Act, his  or  her
30    spouse,  and  his or her immediate family members living with
31    that person may not serve on a board, commission,  authority,
32    or  task  force  authorized  or  created  by  State law or by
 
                            -114-    LRB093 03133 JAM 20243 a
 1    executive order of the Governor; except that this restriction
 2    does not apply to any of the following:
 3             (1)  a registered lobbyist, his or  her  spouse,  or
 4        any  immediate  family  member living with the registered
 5        lobbyist, who is serving in an  elective  public  office,
 6        whether elected or appointed to fill a vacancy; and
 7             (2)  a  registered  lobbyist,  his or her spouse, or
 8        any immediate family member living  with  the  registered
 9        lobbyist,  who  is  serving on a State advisory body that
10        makes nonbinding recommendations to an  agency  of  State
11        government  but  does not make binding recommendations or
12        determinations or take any other substantive action.
13    (Source: 93HB3412enr.)

14        (25 ILCS 170/5) (from Ch. 63, par. 175)
15        (Text of Section amended by P.A. 93-32)
16        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
17    person required to register under Section 3  shall  each  and
18    every  year,  or  before  any such service is performed which
19    requires the person to register, but in any event  not  later
20    than 2 business days after being employed or retained, and on
21    or before each January 31 and July 31 thereafter, file in the
22    Office   of  the  Secretary  of  State  a  written  statement
23    containing the following information  with  respect  to  each
24    person  or  entity employing or retaining the person required
25    to register:
26             (a)  The registrant's name, and  permanent  address,
27        e-mail  address,  if  any,  fax  number, if any, business
28        telephone  number,  and   temporary   address,   if   the
29        registrant  has a temporary address while lobbying of the
30        registrant.
31             (a-5)  If  the  registrant  is  an  organization  or
32        business   entity,   the   information   required   under
33        subsection  (a)  for  each  person  associated  with  the
 
                            -115-    LRB093 03133 JAM 20243 a
 1        registrant who will be lobbying,  regardless  of  whether
 2        lobbying is a significant part of his or her duties.
 3             (b)  The  name  and address of the person or persons
 4        employing  or  retaining  registrant  to   perform   such
 5        services or on whose behalf the registrant appears.
 6             (c)  A   brief   description   of   the   executive,
 7        legislative,  or  administrative  action  in reference to
 8        which such service is to be rendered.
 9             (c-5)  Each executive and legislative branch  agency
10        the  registrant  expects to lobby during the registration
11        period.
12             (c-6)  The  nature  of  the  client's  business,  by
13        indicating all of the following  categories  that  apply:
14        (1)  banking  and  financial services, (2) manufacturing,
15        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
16        insurance, (7) community interests, (8) labor, (9) public
17        relations or advertising, (10) marketing or  sales,  (11)
18        hospitality,   (12)   engineering,  (13)  information  or
19        technology products or services,  (14)  social  services,
20        (15) public utilities, (16) racing or wagering, (17) real
21        estate  or  construction,  (18)  telecommunications, (19)
22        trade  or  professional  association,  (20)   travel   or
23        tourism,  (21)  transportation,  and  (22) other (setting
24        forth the nature of that other business).
25             (d)  A picture of the registrant.
26        The registrant must file an amendment  to  the  statement
27    within  14  calendar days to report any substantial change or
28    addition to the information previously filed, except  that  a
29    registrant  must  file  an  amendment  to  the  statement  to
30    disclose  a  new  agreement  to  retain  the  registrant  for
31    lobbying  services  before  any  service  is  performed which
32    requires the person to register, but in any event  not  later
33    than  2  business  days  after  entering  into  the  retainer
34    agreement.
 
                            -116-    LRB093 03133 JAM 20243 a
 1        Not later than 12 months after the effective date of this
 2    amendatory  Act  of  the  93rd  General  Assembly, or as soon
 3    thereafter as the Secretary of State  has  provided  adequate
 4    software  to the persons required to file, all statements and
 5    amendments to statements required to be filed shall be  filed
 6    electronically.  The  Secretary  of State shall promptly make
 7    all filed statements and amendments  to  statements  publicly
 8    available   by   means  of  a  searchable  database  that  is
 9    accessible through the World Wide Web. The Secretary of State
10    shall provide all software  necessary  to  comply  with  this
11    provision  to  all persons required to file. The Secretary of
12    State shall implement a plan to provide computer  access  and
13    assistance to persons required to file electronically.
14        Persons required to register under this Act prior to July
15    1,  2003,  shall remit a single, annual and nonrefundable $50
16    registration fee. All fees collected for registrations  prior
17    to  July  1,  2003,  shall  be  deposited  into  the Lobbyist
18    Registration  Administration  Fund  for  administration   and
19    enforcement  of this Act. Beginning July 1, 2003, all persons
20    other than entities qualified under Section 501(c)(3) of  the
21    Internal  Revenue  Code  required  to register under this Act
22    shall remit a single, annual,  and  nonrefundable  $350  $300
23    registration  fee.  Entities  required to register under this
24    Act which  are  qualified  under  Section  501(c)(3)  of  the
25    Internal  Revenue  Code  shall  remit  a  single, annual, and
26    nonrefundable $150 $100  registration  fee.  Each  individual
27    required  to  register  under  this  Act  shall submit, on an
28    annual basis, a picture of the registrant. A registrant  may,
29    in lieu of submitting a picture on an annual basis, authorize
30    the  Secretary  of  State  to  use  any  photo identification
31    available in any database  maintained  by  the  Secretary  of
32    State  for other purposes. The increases in the fees from $50
33    to $100 and from $50 to $300 by this amendatory  Act  of  the
34    93rd  General  Assembly  are  in  addition  to  any other fee
 
                            -117-    LRB093 03133 JAM 20243 a
 1    increase enacted  by  the  93rd  or  any  subsequent  General
 2    Assembly.    Of   each   registration   fee   collected   for
 3    registrations  on  or  after  July  1,  2003,  $50  shall  be
 4    deposited into the Lobbyist Registration Administration  Fund
 5    for  administration  and  enforcement  of  this  Act  and  is
 6    intended  to  implement  and  maintain  electronic  filing of
 7    reports under this Act, any additional amount collected as  a
 8    result  of  any other fee increase enacted by the 93rd or any
 9    subsequent General  Assembly  shall  be  deposited  into  the
10    Lobbyist  Registration  Administration  Fund for the purposes
11    provided by law for that fee increase, the next $100 shall be
12    deposited into the Lobbyist Registration Administration  Fund
13    for  administration  and  enforcement  of  this  Act, and any
14    balance shall be deposited into the General Revenue Fund.
15    (Source: P.A. 93-32)

16        (Text of Section as amended by 93 HB3412enr.)
17        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
18    person required to register under Section 3 shall before  any
19    service  is  performed which requires the person to register,
20    but in any event not later than 2 business days  after  being
21    employed  or  retained,  and on or before each January 31 and
22    July 31 thereafter, file in the Office of  the  Secretary  of
23    State   a   written   statement   containing   the  following
24    information with respect to each person or  entity  employing
25    or retaining the person required to register:
26             (a)  The   registrant's   name,  permanent  address,
27        e-mail address, if any,  fax  number,  if  any,  business
28        telephone   number,   and   temporary   address,  if  the
29        registrant has a temporary address while lobbying.
30             (a-5)  If  the  registrant  is  an  organization  or
31        business   entity,   the   information   required   under
32        subsection  (a)  for  each  person  associated  with  the
33        registrant who will be lobbying,  regardless  of  whether
 
                            -118-    LRB093 03133 JAM 20243 a
 1        lobbying is a significant part of his or her duties.
 2             (b)  The  name  and address of the person or persons
 3        employing  or  retaining  registrant  to   perform   such
 4        services or on whose behalf the registrant appears.
 5             (c)  A   brief   description   of   the   executive,
 6        legislative,  or  administrative  action  in reference to
 7        which such service is to be rendered.
 8             (c-5)  Each executive and legislative branch  agency
 9        the  registrant  expects to lobby during the registration
10        period.
11             (c-6)  The  nature  of  the  client's  business,  by
12        indicating all of the following  categories  that  apply:
13        (1)  banking  and  financial services, (2) manufacturing,
14        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
15        insurance, (7) community interests, (8) labor, (9) public
16        relations or advertising, (10) marketing or  sales,  (11)
17        hospitality,   (12)   engineering,  (13)  information  or
18        technology products or services,  (14)  social  services,
19        (15) public utilities, (16) racing or wagering, (17) real
20        estate  or  construction,  (18)  telecommunications, (19)
21        trade  or  professional  association,  (20)   travel   or
22        tourism,  (21)  transportation,  and  (22) other (setting
23        forth the nature of that other business).
24        The registrant must file an amendment  to  the  statement
25    within  14  calendar days to report any substantial change or
26    addition to the information previously filed, except  that  a
27    registrant  must  file  an  amendment  to  the  statement  to
28    disclose  a  new  agreement  to  retain  the  registrant  for
29    lobbying  services  before  any  service  is  performed which
30    requires the person to register, but in any event  not  later
31    than  2  business  days  after  entering  into  the  retainer
32    agreement.
33        Not later than 12 months after the effective date of this
34    amendatory  Act  of  the  93rd  General  Assembly, or as soon
 
                            -119-    LRB093 03133 JAM 20243 a
 1    thereafter as the Secretary of State  has  provided  adequate
 2    software  to the persons required to file, all statements and
 3    amendments to statements required to be filed shall be  filed
 4    electronically.  The  Secretary  of State shall promptly make
 5    all filed statements and amendments  to  statements  publicly
 6    available   by   means  of  a  searchable  database  that  is
 7    accessible through the World Wide Web. The Secretary of State
 8    shall provide all software  necessary  to  comply  with  this
 9    provision  to  all persons required to file. The Secretary of
10    State shall implement a plan to provide computer  access  and
11    assistance to persons required to file electronically.
12        Persons required to register under this Act prior to July
13    1,  2003,  shall,  on an annual basis, remit a single, annual
14    and  nonrefundable  $50  $100  registration  fee.  All   fees
15    collected  for  registrations prior to July 1, 2003, shall be
16    deposited into the Lobbyist Registration Administration  Fund
17    for  administration  and  enforcement  of this Act. Beginning
18    July 1, 2003, all persons other than entities qualified under
19    Section 501(c)(3) of the Internal Revenue  Code  required  to
20    register  under  this  Act  shall remit a single, annual, and
21    nonrefundable $350 registration  fee.  Entities  required  to
22    register  under  this  Act  which are qualified under Section
23    501(c)(3) of the Internal Revenue Code shall remit a  single,
24    annual,   and   nonrefundable  $150  registration  fee.  Each
25    individual required to register under this Act shall  submit,
26    on an annual basis, a picture of the registrant and a picture
27    of  the registrant. A registrant may, in lieu of submitting a
28    picture on an annual basis, authorize the Secretary of  State
29    to  use  any  photo  identification available in any database
30    maintained by the Secretary of State for other  purposes.  Of
31    each registration fee collected for registrations on or after
32    July  1,  2003,  $50  All  fees  shall  be deposited into the
33    Lobbyist Registration Administration Fund for  administration
34    and enforcement of this Act and. The increase in the fee from
 
                            -120-    LRB093 03133 JAM 20243 a
 1    $50  to  $100  by this amendatory Act and of the 93rd General
 2    Assembly is intended to be used  to  implement  and  maintain
 3    electronic  filing  of  reports under this Act, the next $100
 4    shall   be   deposited   into   the   Lobbyist   Registration
 5    Administration Fund for  administration  and  enforcement  of
 6    this Act, and any balance shall be deposited into the General
 7    Revenue  Fund.  and  is in addition to any other fee increase
 8    enacted by the 93rd or any subsequent General Assembly.
 9    (Source: 93 HB3412enr.)

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

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

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