093_HB3413sam001











                                     LRB093 10272 JAM 19612 a

 1                    AMENDMENT TO HOUSE BILL 3413

 2        AMENDMENT NO.     .  Amend House Bill 3413  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 and 15-40 and Articles 10, 20,  25,  30,
10    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 10272 JAM 19612 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
 
                            -3-      LRB093 10272 JAM 19612 a
 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  a  State  constitutional officer of the
24    executive or legislative branch.
25        "Political" means  any  activity  in  support  of  or  in
26    connection  with  any  campaign  for  elective  office or any
27    political organization, but does not include  activities  (i)
28    relating  to  the  support  or  opposition  of any executive,
29    legislative, or administrative action  (as  those  terms  are
30    defined  in Section 2 of the Lobbyist Registration Act), (ii)
31    relating  to  collective  bargaining,  or  (iii)   that   are
32    otherwise  in  furtherance  of  the  person's  official State
33    duties.
34        "Political  organization"  means  a   party,   committee,
 
                            -4-      LRB093 10272 JAM 19612 a
 1    association,  fund,  or  other  organization  (whether or not
 2    incorporated)  that  is  required  to  file  a  statement  of
 3    organization with the State Board of Elections  or  a  county
 4    clerk  under  Section 9-3 of the Election Code, but only with
 5    regard to those activities that require filing with the State
 6    Board of Elections or a county clerk.
 7        "Prohibited political activity" means:
 8             (1)  Preparing for, organizing, or participating  in
 9        any   political   meeting,   political  rally,  political
10        demonstration, or other political event.
11             (2)  Soliciting  contributions,  including  but  not
12        limited to the purchase  of,  selling,  distributing,  or
13        receiving   payment   for   tickets   for  any  political
14        fundraiser, political meeting, or other political event.
15             (3)  Soliciting, planning the  solicitation  of,  or
16        preparing  any  document or report regarding any thing of
17        value intended as a campaign contribution.
18             (4)  Planning, conducting,  or  participating  in  a
19        public  opinion  poll  in  connection with a campaign for
20        elective office or on behalf of a political  organization
21        for  political  purposes or for or against any referendum
22        question.
23             (5)  Surveying   or   gathering   information   from
24        potential or actual voters in an  election  to  determine
25        probable  vote  outcome in connection with a campaign for
26        elective office or on behalf of a political  organization
27        for  political  purposes or for or against any referendum
28        question.
29             (6)  Assisting at  the  polls  on  election  day  on
30        behalf  of  any  political  organization or candidate for
31        elective  office  or  for  or  against   any   referendum
32        question.
33             (7)  Soliciting  votes  on behalf of a candidate for
34        elective office or a political  organization  or  for  or
 
                            -5-      LRB093 10272 JAM 19612 a
 1        against  any  referendum question or helping in an effort
 2        to get voters to the polls.
 3             (8)  Initiating    for    circulation,    preparing,
 4        circulating, reviewing, or filing any petition on  behalf
 5        of  a candidate for elective office or for or against any
 6        referendum question.
 7             (9)  Making contributions on behalf of any candidate
 8        for elective office in that  capacity  or  in  connection
 9        with a campaign for elective office.
10             (10)  Preparing  or reviewing responses to candidate
11        questionnaires in connection with a campaign for elective
12        office or on  behalf  of  a  political  organization  for
13        political purposes.
14             (11)  Distributing,  preparing  for distribution, or
15        mailing campaign literature,  campaign  signs,  or  other
16        campaign material on behalf of any candidate for elective
17        office or for or against any referendum question.
18             (12)  Campaigning  for any elective office or for or
19        against any referendum question.
20             (13)  Managing or working on a campaign for elective
21        office or for or against any referendum question.
22             (14)  Serving as a delegate, alternate, or proxy  to
23        a political party convention.
24             (15)  Participating  in  any recount or challenge to
25        the outcome of any election, except to  the  extent  that
26        under  subsection  (d)  of Section 6 of Article IV of the
27        Illinois Constitution each house of the General  Assembly
28        shall judge the elections, returns, and qualifications of
29        its members.
30        "Prohibited source" means any person or entity who:
31             (1)  is seeking official action (i) by the member or
32        officer  or  (ii)  in  the  case  of  an employee, by the
33        employee or by the  member,  officer,  State  agency,  or
34        other employee directing the employee;
 
                            -6-      LRB093 10272 JAM 19612 a
 1             (2)  does  business or seeks to do business (i) with
 2        the member or officer or (ii) in the case of an employee,
 3        with the employee or  with  the  member,  officer,  State
 4        agency, or other employee directing the employee;
 5             (3)  conducts activities regulated (i) by the member
 6        or  officer  or  (ii)  in the case of an employee, by the
 7        employee or by the  member,  officer,  State  agency,  or
 8        other employee directing the employee;
 9             (4)  has   interests   that   may  be  substantially
10        affected by the performance  or  non-performance  of  the
11        official duties of the member, officer, or employee; or
12             (5)  is registered or required to be registered with
13        the  Secretary  of  State under the Lobbyist Registration
14        Act, except that an entity  not  otherwise  a  prohibited
15        source does not become a prohibited source merely because
16        a  registered lobbyist is one of its members or serves on
17        its board of directors.
18        "State agency" includes all officers, boards, commissions
19    and agencies created by  the  Constitution,  whether  in  the
20    executive  or  legislative branch; all officers, departments,
21    boards,  commissions,  agencies,  institutions,  authorities,
22    public institutions of higher learning as defined in  Section
23    2 of the Higher Education Cooperation Act, and bodies politic
24    and  corporate  of  the  State;  and  administrative units or
25    corporate  outgrowths  of  the  State  government  which  are
26    created by or pursuant to statute, other than units of  local
27    government  and  their officers, school districts, and boards
28    of election commissioners; and all administrative  units  and
29    corporate  outgrowths  of  the above and as may be created by
30    executive order of the Governor. "State agency" includes  the
31    General  Assembly,  the Senate, the House of Representatives,
32    the President and Minority Leader of the Senate, the  Speaker
33    and  Minority  Leader  of  the  House of Representatives, the
34    Senate Operations Commission,  and  the  legislative  support
 
                            -7-      LRB093 10272 JAM 19612 a
 1    services  agencies. "State agency" includes the Office of the
 2    Auditor General. "State agency" does not include the judicial
 3    branch.
 4        "State employee" means any employee of a State agency.
 5        "Ultimate jurisdictional authority" means the following:
 6             (1)  For members, legislative  partisan  staff,  and
 7        legislative   secretaries,  the  appropriate  legislative
 8        leader: President of the Senate, Minority Leader  of  the
 9        Senate,  Speaker  of  the  House  of  Representatives, or
10        Minority Leader of the House of Representatives.
11             (2)  For State employees who are professional  staff
12        or  employees  of  the  Senate and not covered under item
13        (1), the Senate Operations Commission.
14             (3)  For State employees who are professional  staff
15        or  employees  of  the  House  of Representatives and not
16        covered under item (1),  the  Speaker  of  the  House  of
17        Representatives.
18             (4)  For  State  employees  who are employees of the
19        legislative  support   services   agencies,   the   Joint
20        Committee on Legislative Support Services.
21             (5)  For State employees of the Auditor General, the
22        Auditor General.
23             (6)  For  State  employees of public institutions of
24        higher learning as defined in Section  2  of  the  Higher
25        Education  Cooperation  Act, the board of trustees of the
26        appropriate public institution of higher learning.
27             (7)  For State  employees  of  an  executive  branch
28        constitutional  officer  other  than  those  described in
29        paragraph   (6),   the   appropriate   executive   branch
30        constitutional officer.
31             (8)  For State employees not under the  jurisdiction
32        of  paragraph  (1),  (2), (3), (4), (5), (6), or (7), the
33        Governor.
34    (Source: 93HB3412enr.)
 
                            -8-      LRB093 10272 JAM 19612 a
 1        (93 HB3412enr. Art. 5, Sec. 5-5)
 2        Sec. 5-5.  Personnel policies.
 3        (a)  Each of the  following  shall  adopt  and  implement
 4    personnel policies for all State employees under his, her, or
 5    its  jurisdiction  and  control:  (i)  each  executive branch
 6    constitutional officer, (ii) each legislative  leader,  (iii)
 7    the Senate Operations Commission, with respect to legislative
 8    employees  under Section 4 of the General Assembly Operations
 9    Act, (iv) the Speaker of the House of  Representatives,  with
10    respect  to  legislative  employees  under  Section  5 of the
11    General Assembly Operations Act, (v) the Joint  Committee  on
12    Legislative Support Services, with respect to State employees
13    of the legislative support services agencies, (vi) members of
14    the General Assembly, with respect to legislative assistants,
15    as provided in Section 4 of the General Assembly Compensation
16    Act,  (vii)  the  Auditor General, (viii) the Board of Higher
17    Education,  with  respect  to  State  employees   of   public
18    institutions  of  higher  learning except community colleges,
19    and (ix) the Illinois Community College Board,  with  respect
20    to  State employees of community colleges. The Governor shall
21    adopt and implement those policies for all State employees of
22    the executive branch not under the jurisdiction  and  control
23    of any other executive branch constitutional officer.
24        (b)  The  policies required under subsection (a) shall be
25    filed with  the  appropriate  ethics  commission  established
26    under  this  Act or, for the Auditor General, with the Office
27    of the Auditor General.
28        (c)(b)  The policies required under subsection (a)  shall
29    include   policies   relating   to  work  time  requirements,
30    documentation of time worked, documentation for reimbursement
31    for travel on official State business, compensation, and  the
32    earning  or accrual of State benefits for all State employees
33    who may be eligible to receive those benefits.  The  policies
34    shall comply with and be consistent with all other applicable
 
                            -9-      LRB093 10272 JAM 19612 a
 1    laws.  For  State  employees  of  the legislative branch, The
 2    policies shall require State those employees to  periodically
 3    submit  time  sheets  documenting  the time spent each day on
 4    official  State  business  to  the  nearest   quarter   hour;
 5    contractual  State  employees  of  the legislative branch may
 6    satisfy the time sheets requirement  by  complying  with  the
 7    terms  of  their contract, which shall provide for a means of
 8    compliance with this  requirement.  The  policies  for  State
 9    employees  of the legislative branch shall require those time
10    sheets to be submitted on paper, electronically, or both  and
11    to  be maintained in either paper or electronic format by the
12    applicable fiscal office for a period of at least 2 years.
13    (Source: 93HB3412enr.)

14        (93 HB3412enr. Art. 5, Sec. 5-10)
15        Sec. 5-10.  Ethics training.  Each officer,  member,  and
16    employee must complete, at least annually, an ethics training
17    program  conducted  by  the  appropriate  State  agency. Each
18    ultimate jurisdictional authority must  implement  an  ethics
19    training  program  for  its officers, members, and employees.
20    These ethics training  programs  shall  be  overseen  by  the
21    appropriate  Inspector General appointed pursuant to this Act
22    in consultation with the Office of the Attorney General.
23        Each Inspector General shall set standards and  determine
24    the  hours  and  frequency  of  training  necessary  for each
25    position or category of  positions.  A  person  who  fills  a
26    vacancy  in  an  elective or appointed position that requires
27    training and a person employed in a  position  that  requires
28    training  must  complete  his  or her initial ethics training
29    within 6 months after commencement of his or  her  office  or
30    employment.
31        Ethics   training.    Each   officer  and  employee  must
32    complete, at  least  annually,  an  ethics  training  program
33    conducted  by  the appropriate ethics officer appointed under
 
                            -10-     LRB093 10272 JAM 19612 a
 1    the  State  Gift  Ban  Act.   Each  ultimate   jurisdictional
 2    authority  must  implement an ethics training program for its
 3    officers and employees. A person who fills a  vacancy  in  an
 4    elective  or  appointed position that requires training and a
 5    person employed in a position  that  requires  training  must
 6    complete  his  or her initial ethics training within 6 months
 7    after commencement of his or her office or employment.
 8    (Source: 93HB3412enr.)

 9        (93 HB3412enr. Art. 5, Sec. 5-20)
10        Section  5-20.  Public   service   announcements;   other
11    promotional material.
12        (a)  No public service announcement or advertisement that
13    is  on  behalf of any State administered program and contains
14    the proper name, image, or  voice  of  any  executive  branch
15    constitutional  officer  or  member  of  the General Assembly
16    shall be broadcast or aired on radio or television or printed
17    in a commercial newspaper or a  commercial  magazine  at  any
18    time.
19        (b)  The  proper  name  or  image of any executive branch
20    constitutional officer or member of the General Assembly  may
21    not appear on any (i) lanyards for identification cards, (ii)
22    bumper   stickers,  (iii)  billboards,  (iv)  lapel  pins  or
23    buttons, (v) magnets, (vi) stickers, and  (vii)  posters,  if
24    designed,  paid  for,  prepared,  or distributed using public
25    dollars.
26        (a)  Except as otherwise provided  in  this  Section,  no
27    public  service  announcement  or  advertisement  that  is on
28    behalf of any State administered program  and  that  contains
29    the  image  or  voice  of any executive branch constitutional
30    officer or member of the General Assembly shall be  broadcast
31    or  aired on radio or television or printed in a newspaper at
32    any time on or after the date  that  the  officer  or  member
33    files  his  or her nominating petitions for public office and
 
                            -11-     LRB093 10272 JAM 19612 a
 1    for any time thereafter that the officer or member remains  a
 2    candidate for any office.
 3        (c)(b)  This  Section  does  not  apply to communications
 4    funded through expenditures required  to  be  reported  under
 5    Article 9 of the Election Code.
 6    (Source: 93HB3412enr.)

 7        (93 HB3412enr. Art. 5, Sec. 5-45)
 8        Section 5-45.  Procurement; revolving door prohibition.
 9        (a)  No  former  officer,  member,  or State employee, or
10    spouse or immediate family member living  with  such  person,
11    shall,   within  a  period  of  one  year  immediately  after
12    termination of State employment, knowingly accept  employment
13    or receive compensation or fees for services from a person or
14    entity  if the officer, member, or State employee, during the
15    year immediately preceding termination of  State  employment,
16    participated  personally and substantially in the decision to
17    award a State contract valued at over $25,000 to  the  person
18    or entity, or its parent or subsidiary.
19        (b)  No  former  officer of the executive branch or State
20    employee of the executive branch with regulatory or licensing
21    authority, or spouse or immediate family member  living  with
22    such  person,  shall, within a period of one year immediately
23    after  termination  of  state  employment,  knowingly  accept
24    employment or receive compensation of fees for services  from
25    a  person  or entity if the officer or State employee, during
26    the  year  immediately   preceding   termination   of   State
27    employment,  made  a  regulatory  or  licensing decision that
28    directly applied to the person or entity, or  its  parent  or
29    subsidiary.
30        (c)  The  requirements  of this Section may be waived (i)
31    for the executive branch, in writing by the Executive  Ethics
32    Commission,  (ii)  for  the legislative branch, in writing by
33    the Legislative Ethics Commission, and (ii) for  the  Auditor
 
                            -12-     LRB093 10272 JAM 19612 a
 1    General,  in writing by the Auditor General. The waiver shall
 2    be granted upon a showing that the prospective employment  or
 3    relationship  did  not  affect  the  decisions referred to in
 4    sections (a) and (b).
 5        (d)  This Section applies only to persons  who  terminate
 6    an  affected  position on or after the effective date of this
 7    amendatory Act of the 93rd General Assembly.
 8        (a)  No former State employee may, within a period of one
 9    year  immediately  after  termination  of  State  employment,
10    knowingly accept employment or receive compensation  or  fees
11    for  services  from  an  employer if the employee, during the
12    year immediately preceding termination of  State  employment,
13    and  on  behalf  of  the State or State agency, negotiated in
14    whole or in part one or more  contracts  with  that  employer
15    aggregating $25,000 or more.
16        (b)  The  requirements  of  this Section may be waived by
17    the appropriate  ultimate  jurisdictional  authority  of  the
18    former   State   employee  if  that  ultimate  jurisdictional
19    authority finds in writing that the State's negotiations  and
20    decisions  regarding  the  procurement  of  the  contract  or
21    contracts  were  not materially affected by any potential for
22    employment of that employee by the employer.
23        (c)  This Section applies only to persons  who  terminate
24    an  affected  position on or after the effective date of this
25    Act.
26    (Source: 93HB3412enr.)

27        (93 HB3412enr. Sec. 5-50 new)
28        Sec. 5-50.  Ex parte communications.
29        (a)  This Section applies to ex parte communications made
30    to any agency listed in subsection (d).
31        (b)  "Ex parte communication" means any written  or  oral
32    communication  by  any  agent  of  the  Governor or any other
33    person  that  imparts  material   information   or   argument
 
                            -13-     LRB093 10272 JAM 19612 a
 1    regarding    potential    action    concerning    regulatory,
 2    quasi-adjudicatory,  or  licensing  matters pending before or
 3    under consideration by the agency. "Ex  parte  communication"
 4    does  not  include  the following: (i) statements by a person
 5    publicly made in a public forum;  (ii)  statements  regarding
 6    matters of procedure and practice, such as format, the number
 7    of copies required, the manner of filing, and the status of a
 8    matter;  and (iii) statements made by a State employee of the
 9    agency to the agency head or other employees of that agency.
10        (c)  An ex parte communication received  by  any  agency,
11    agency  head, or other agency employee shall promptly be made
12    a part of the record and shall be filed  with  the  Executive
13    Ethics  Commission, including all written communications, all
14    written responses to the  communications,  and  a  memorandum
15    stating  the nature and substance of all oral communications,
16    all responses made, the identity of each person from whom the
17    written or oral ex  parte  communication  was  received,  the
18    individual  or  entity represented by that person, any action
19    the person requested or recommended, and any other  pertinent
20    information.  The  disclosure  shall also contain the date of
21    any ex parte communication.
22        (d)  This Section applies to the following agencies:
23    Illinois Commerce Commission
24    Educational Labor Relations Board
25    State Board of Elections
26    Illinois Gaming Board
27    Health Facilities Planning Board
28    Industrial Commission
29    Illinois Labor Relations Board
30    Illinois Liquor Control Commission
31    Pollution Control Board
32    Property Tax Appeal Board
33    Illinois Racing Board
34    Illinois Purchased Care Review Board
 
                            -14-     LRB093 10272 JAM 19612 a
 1    Department of State Police Merit Board
 2    Motor Vehicle Review Board
 3    Prisoner Review Board
 4    Civil Service Commission
 5    Personnel Review Board for the Treasurer
 6    Merit Commission for the Secretary of State
 7    Merit Commission for the Office of the Comptroller
 8    Court of Claims
 9    Board of Review of the Department
10      of Employment Security
11    Department of Professional Regulation and
12      licensing boards under the Department
13    Department of Public Health and licensing boards
14     under the Department
15    Office of Banks and Real Estate
16     and licensing boards under the Office
17        (e)  Any person who fails to make information part of the
18    record or make a filing with the Executive Ethics  Commission
19    as  required  by this Section or as required by Section 5-165
20    of the Illinois Administrative Procedure  Act  violates  this
21    Act.

22        (93 HB3412enr. Art. 10 heading new)
23                             ARTICLE 10
24                              GIFT BAN

25        (93 HB3412enr. Sec. 10-10 new)
26        Sec.  10-10.  Gift  ban.  Except as otherwise provided in
27    this Article, no officer, member,  or  State  employee  shall
28    intentionally  solicit or accept any gift from any prohibited
29    source or in violation of any federal or State statute, rule,
30    or regulation. This ban applies to and includes the spouse of
31    and immediate family living  with  the  officer,  member,  or
32    State  employee.  No  prohibited  source  shall intentionally
 
                            -15-     LRB093 10272 JAM 19612 a
 1    offer or make a gift that violates this Section.

 2        (93 HB3412enr. Sec. 10-15 new)
 3        Sec. 10-15.  Gift ban; exceptions.   The  restriction  in
 4    Section 10-10 does not apply to the following:
 5        (1)  Opportunities,   benefits,  and  services  that  are
 6    available on the same conditions as for the general public.
 7        (2)  Anything for which the  officer,  member,  or  State
 8    employee pays the market value.
 9        (3)  Any (i) contribution that is lawfully made under the
10    Election Code or under this Act or (ii) activities associated
11    with   a   fundraising   event  in  support  of  a  political
12    organization or candidate.
13        (4)  Educational materials and missions, subject to rules
14    adopted by  the  appropriate  ethics  commission  or  by  the
15    Auditor  General for the Auditor General and employees of the
16    Office of the Auditor General.
17        (5)  Travel expenses  for  a  meeting  to  discuss  State
18    business,  subject to rules adopted by the appropriate ethics
19    commission or by the Auditor General for the Auditor  General
20    and employees of the Office of the Auditor General.
21        (6)  A gift from a relative, meaning those people related
22    to  the individual as father, mother, son, daughter, brother,
23    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
24    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
25    grandson,   granddaughter,   father-in-law,    mother-in-law,
26    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
27    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
28    stepsister,  half  brother,  half  sister,  and including the
29    father,  mother,   grandfather,   or   grandmother   of   the
30    individual's spouse and the individual's fiance or fiancee.
31        (7)  Anything provided by an individual on the basis of a
32    personal  friendship  unless the member, officer, or employee
33    has reason to believe that, under the circumstances, the gift
 
                            -16-     LRB093 10272 JAM 19612 a
 1    was provided because of the official position  or  employment
 2    of  the  member,  officer, or employee and not because of the
 3    personal friendship.
 4        In determining whether a gift is provided on the basis of
 5    personal friendship, the member, officer, or  employee  shall
 6    consider  the circumstances under which the gift was offered,
 7    such as:
 8             (i)  the history of  the  relationship  between  the
 9        individual giving the gift and the recipient of the gift,
10        including  any  previous  exchange of gifts between those
11        individuals;
12             (ii)  whether to the actual knowledge of the member,
13        officer, or employee the individual  who  gave  the  gift
14        personally paid for the gift or sought a tax deduction or
15        business reimbursement for the gift; and
16             (iii)  whether   to  the  actual  knowledge  of  the
17        member, officer, or employee the individual who gave  the
18        gift also at the same time gave the same or similar gifts
19        to other members, officers, or employees.
20        (8)  Food or refreshments not exceeding $75 per person in
21    value  on  a  single  calendar day; provided that the food or
22    refreshments are (i) consumed on the premises from which they
23    were purchased or prepared or (ii) catered. For the  purposes
24    of  this  Section,  "catered" means food or refreshments that
25    are purchased ready to eat and delivered by any means.
26        (9)  Food,  refreshments,  lodging,  transportation,  and
27    other  benefits  resulting  from  the  outside  business   or
28    employment  activities  (or  outside  activities that are not
29    connected to the duties of the officer, member,  or  employee
30    as  an  office holder or employee) of the officer, member, or
31    employee, or the spouse of the officer, member, or  employee,
32    if  the benefits have not been offered or enhanced because of
33    the official position or employment of the  officer,  member,
34    or  employee,  and  are  customarily  provided  to  others in
 
                            -17-     LRB093 10272 JAM 19612 a
 1    similar circumstances.
 2        (10)  Intra-governmental  and  inter-governmental  gifts.
 3    For the purpose of this Act, "intra-governmental gift"  means
 4    any  gift  given to a member, officer, or employee of a State
 5    agency from another member, officer, or employee of the  same
 6    State  agency;  and  "inter-governmental gift" means any gift
 7    given to a member, officer, or employee of a State agency, by
 8    a member, officer, or employee of another State agency, of  a
 9    federal agency, or of any governmental entity.
10        (11)  Bequests,  inheritances,  and  other  transfers  at
11    death.
12        (12)  Any  item  or  items from any one prohibited source
13    during any calendar year having a cumulative total  value  of
14    less than $100.
15        Each of the exceptions listed in this Section is mutually
16    exclusive and independent of one another.

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

26        (93 HB3412enr. Sec. 10-40 new)
27        Sec. 10-40.  Gift ban;  further  restrictions.   A  State
28    agency   may   adopt  or  maintain  policies  that  are  more
29    restrictive than those set forth  in  this  Article  and  may
30    continue  to  follow  any  existing    policies, statutes, or
31    regulations that are more restrictive or are in  addition  to
32    those set forth in this Article.
 
                            -18-     LRB093 10272 JAM 19612 a
 1        (93 HB3412enr. Art. 15, Sec. 15-10)
 2        Section 15-10.  Protected activity. An officer, a member,
 3    a  State  employee,  or  a  State  agency  shall not take any
 4    retaliatory action against a State employee because the State
 5    employee does any of the following:
 6        (1)  Discloses or threatens to disclose to  a  supervisor
 7    or  to  a public body an activity, policy, or practice of any
 8    officer, member, State agency, or other State  employee  that
 9    the  State  employee reasonably believes is in violation of a
10    law, rule, or regulation.
11        (2)  Provides information  to  or  testifies  before  any
12    public  body conducting an investigation, hearing, or inquiry
13    into any violation of a  law,  rule,  or  regulation  by  any
14    officer, member, State agency, or other State employee.
15        (3)  Assists  or  participates in a proceeding to enforce
16    the provisions of this Act.
17    (Source: 93HB3412enr.)

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

29        (93 HB3412enr. Art. 15, Sec. 15-25)
30        Sec. 15-25.  Remedies. The State employee may be  awarded
31    all  remedies  necessary to make the State employee whole and
32    to  prevent  future  violations  of  this  Article.  Remedies
 
                            -19-     LRB093 10272 JAM 19612 a
 1    imposed by the court may include, but are not limited to, all
 2    of the following:
 3        (1)  reinstatement of the employee  to  either  the  same
 4    position   held  before  the  retaliatory  action  or  to  an
 5    equivalent position;
 6        (2)  2 times the amount of back pay;
 7        (3)  interest on the back pay; and
 8        (4)  the  reinstatement  of  full  fringe  benefits   and
 9    seniority rights; and
10        (5)  the payment of reasonable costs and attorneys' fees.
11    (Source: 93HB3412enr.)

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

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

20        (93 HB3412enr. Sec. 20-5 new)
21        Sec. 20-5. Executive Ethics Commission.
22        (a)  The Executive Ethics Commission is created.
23        (b)  The  Executive  Ethics Commission shall consist of 9
24    commissioners, each confirmed by a three-fifths vote  of  the
25    Senate.  The  Governor shall appoint 5 commissioners, and the
26    Attorney  General,  Secretary  of  State,  Comptroller,   and
27    Treasurer  shall each appoint one commissioner. If the Senate
28    is in recess, the appointing authority may make  a  temporary
29    appointment  until  the  next meeting of the Senate, when the
30    appointing authority shall make  a  nomination  to  fill  the
31    office.  No  more  than  5  commissioners  may be of the same
 
                            -20-     LRB093 10272 JAM 19612 a
 1    political party.
 2        The terms of the  initial  commissioners  shall  commence
 3    upon  qualification. Four initial appointees of the Governor,
 4    as designated by the  Governor,  shall  serve  terms  running
 5    through   June  30,  2007.   One  initial  appointee  of  the
 6    Governor, as designated by  the  Governor,  and  the  initial
 7    appointees  of  the  Attorney  General,  Secretary  of State,
 8    Comptroller, and Treasurer shall serve terms running  through
 9    June  30, 2008. The initial appointments shall be made within
10    60 days after the effective date of this Act.
11        After the initial terms, commissioners  shall  serve  for
12    4-year  terms commencing on July 1 of the year of appointment
13    and running through June 30 of  the  fourth  following  year.
14    Commissioners  may  be  reappointed to one or more subsequent
15    terms.
16        Vacancies occurring other than at the end of a term shall
17    be filled by the appointing authority only for the balance of
18    the term of the commissioner whose office is vacant.
19        Terms shall run regardless of  whether  the  position  is
20    filled.
21        (c)    The    appointing    authorities   shall   appoint
22    commissioners who have experience holding governmental office
23    or  employment  and  shall  appoint  commissioners  from  the
24    general public. A person  is  not  eligible  to  serve  as  a
25    commissioner  if  that  person  (i)  has  been convicted of a
26    felony or a crime of dishonesty or moral turpitude, (ii)  is,
27    or  was within the preceding 12 months, engaged in activities
28    that require registration  under  the  Lobbyist  Registration
29    Act, (iii) is related to the appointing authority, or (iv) is
30    a State officer or employee.
31        (d)   The   Executive   Ethics   Commission   shall  have
32    jurisdiction  over  all  officers  and  employees  of   State
33    agencies  other  than  the  General Assembly, the Senate, the
34    House of Representatives, the President and  Minority  Leader
 
                            -21-     LRB093 10272 JAM 19612 a
 1    of  the  Senate, the Speaker and Minority Leader of the House
 2    of Representatives, the  Senate  Operations  Commission,  the
 3    legislative  support services agencies, and the Office of the
 4    Auditor  General.  The  jurisdiction  of  the  Commission  is
 5    limited to matters arising under this Act.
 6        (e) The Executive Ethics Commission must meet, either  in
 7    person  or by other technological means, at least monthly and
 8    as often as necessary. At the first meeting of the  Executive
 9    Ethics  Commission, the commissioners shall choose from their
10    number a  chairperson  and  other  officers  that  they  deem
11    appropriate.  The  terms  of  officers  shall  be for 2 years
12    commencing July 1 and running through June 30 of  the  second
13    following  year.  Meetings  shall  be held at the call of the
14    chairperson or any 3 commissioners. Official  action  by  the
15    Commission   shall   require   the   affirmative  vote  of  5
16    commissioners, and a quorum shall consist of 5 commissioners.
17    Commissioners shall receive compensation in an  amount  equal
18    to  the  compensation  of  members  of  the  State  Board  of
19    Elections and may be reimbursed for their reasonable expenses
20    actually incurred in the performance of their duties.
21        (f)  No  commissioner or employee of the Executive Ethics
22    Commission may during his  or  her  term  of  appointment  or
23    employment:
24             (1) become a candidate for any elective office;
25             (2)  hold  any  other  elected  or  appointed public
26        office except for appointments on  governmental  advisory
27        boards  or  study  commissions  or as otherwise expressly
28        authorized by law;
29             (3) be actively  involved  in  the  affairs  of  any
30        political party or political organization; or
31             (4)  actively  participate  in  any campaign for any
32        elective office.
33        (g) An appointing authority  may  remove  a  commissioner
34    only for cause.
 
                            -22-     LRB093 10272 JAM 19612 a
 1        (h)  The  Executive  Ethics  Commission  shall appoint an
 2    Executive  Director.  The  compensation  of   the   Executive
 3    Director  shall  be as determined by the Commission or by the
 4    Compensation Review Board, whichever amount  is  higher.  The
 5    Executive  Director  of  the  Executive Ethics Commission may
 6    employ  and  determine  the   compensation   of   staff,   as
 7    appropriations permit.

 8        (93 HB3412enr. Sec. 20-10 new)
 9        Sec. 20-10. Offices of Executive Inspectors General.
10        (a)  Five  independent Offices of the Executive Inspector
11    General are created, one each for the Governor, the  Attorney
12    General,  the  Secretary  of  State, the Comptroller, and the
13    Treasurer. Each Office  shall  be  under  the  direction  and
14    supervision  of an Executive Inspector General and shall be a
15    fully independent office with separate appropriations.
16        (b)  The Governor, Attorney General, Secretary of  State,
17    Comptroller,  and  Treasurer  shall each appoint an Executive
18    Inspector General, without regard  to  political  affiliation
19    and  solely  on  the  basis  of  integrity  and  demonstrated
20    ability.  Each Executive Inspector General shall be confirmed
21    by a three-fifths vote of the Senate. If  the  Senate  is  in
22    recess,   the  appointing  authority  may  make  a  temporary
23    appointment until the next meeting of the  Senate,  when  the
24    appointing  authority  shall  make  a  nomination to fill the
25    office.  If the Senate does  not  act  upon  the  appointment
26    within  60  session  days after the receipt thereof, then the
27    appointment shall be deemed to have received the  advice  and
28    consent of the Senate.
29        Nothing  in this Article precludes the appointment by the
30    Governor, Attorney General, Secretary of State,  Comptroller,
31    or  Treasurer  of  any  other  inspector  general required or
32    permitted by law. The Governor, Attorney  General,  Secretary
33    of  State,  Comptroller,  and  Treasurer  each may appoint an
 
                            -23-     LRB093 10272 JAM 19612 a
 1    existing inspector general as the Executive Inspector General
 2    required by this Article, provided  that  such  an  inspector
 3    general   is  not  prohibited  by  law,  rule,  jurisdiction,
 4    qualification, or interest  from  serving  as  the  Executive
 5    Inspector  General  required  by  this Article. An appointing
 6    authority  may  not  appoint  a  relative  as  an   Executive
 7    Inspector General.
 8        Each Executive Inspector General shall have the following
 9    qualifications:
10             (1)  has not been convicted  of any felony under the
11        laws of this State, another State, or the United States;
12             (2)  has  earned  a  baccalaureate  degree  from  an
13        institution of higher education; and
14             (3)  has  either (A) 5 or more years of service with
15        a federal, State, or local  law  enforcement  agency,  at
16        least  2  years  of  which  have  been  in  a progressive
17        investigatory capacity; (B) 5 or more years of service as
18        a federal, State, or local  prosecutor;  (C)  5  or  more
19        years  of  service  as a senior manager or executive of a
20        federal, State, or local agency; or (D) 5 or  more  years
21        of service as a member, an officer, or a State or federal
22        judge.
23        The  term  of  each  initial  Executive Inspector General
24    shall commence upon qualification and shall run through  June
25    30,  2008.  The  initial appointments shall be made within 60
26    days after the effective date of this Act.
27        After the initial term, each Executive Inspector  General
28    shall serve for 5-year terms commencing on July 1 of the year
29    of  appointment  and  running  through  June  30 of the fifth
30    following  year.  An  Executive  Inspector  General  may   be
31    reappointed to one or more subsequent terms.
32        A vacancy occurring other than at the end of a term shall
33    be filled by the appointing authority only for the balance of
34    the  term  of the Executive Inspector General whose office is
 
                            -24-     LRB093 10272 JAM 19612 a
 1    vacant.
 2        Terms shall run regardless of  whether  the  position  is
 3    filled.
 4        (c)  The  Executive  Inspector  General  appointed by the
 5    Attorney General shall have jurisdiction  over  the  Attorney
 6    General  and  all  officers and employees of, and vendors and
 7    others  doing  business  with,  State  agencies  within   the
 8    jurisdiction of the Attorney General. The Executive Inspector
 9    General  appointed  by  the  Secretary  of  State  shall have
10    jurisdiction over the Secretary of State and all officers and
11    employees of, and vendors and  others  doing  business  with,
12    State  agencies  within  the jurisdiction of the Secretary of
13    State. The  Executive  Inspector  General  appointed  by  the
14    Comptroller  shall have jurisdiction over the Comptroller and
15    all officers and employees of, and vendors and  others  doing
16    business  with, State agencies within the jurisdiction of the
17    Comptroller. The Executive Inspector General appointed by the
18    Treasurer shall have jurisdiction over the Treasurer and  all
19    officers  and  employees  of,  and  vendors  and others doing
20    business with, State agencies within the jurisdiction of  the
21    Treasurer.  The  Executive Inspector General appointed by the
22    Governor shall  have  jurisdiction  over  the  Governor,  the
23    Lieutenant  Governor,  and all officers and employees of, and
24    vendors and others  doing  business  with,  executive  branch
25    State agencies under the jurisdiction of the Executive Ethics
26    Commission  and  not  within the jurisdiction of the Attorney
27    General, the Secretary of  State,  the  Comptroller,  or  the
28    Treasurer.
29        The  jurisdiction  of each Executive Inspector General is
30    to  investigate   allegations   of   fraud,   waste,   abuse,
31    mismanagement,    misconduct,    nonfeasance,    misfeasance,
32    malfeasance, or violations of this Act or violations of other
33    related laws and rules.
34        (d)  The   minimum   compensation   for   each  Executive
 
                            -25-     LRB093 10272 JAM 19612 a
 1    Inspector General shall be determined by the Executive Ethics
 2    Commission.  The  actual  compensation  for  each   Executive
 3    Inspector  General  shall  be  determined  by  the appointing
 4    executive branch constitutional officer and  must  be  at  or
 5    above  the  minimum  compensation  level set by the Executive
 6    Ethics Commission. Subject to Section 20-45 of this Act, each
 7    Executive Inspector General has full  authority  to  organize
 8    his  or  her  Office  of  the  Executive  Inspector  General,
 9    including   the   employment   and   determination   of   the
10    compensation  of  staff,  such  as  deputies, assistants, and
11    other  employees,  as  appropriations  permit.   A   separate
12    appropriation  shall  be  made  for  each Office of Executive
13    Inspector General.
14        (e)  No Executive Inspector General or  employee  of  the
15    Office  of the Executive Inspector General may, during his or
16    her term of appointment or  employment  or  within  one  year
17    thereafter:
18             (1)  become a candidate for any elective office;
19             (2)  hold  any  other  elected  or  appointed public
20        office except for appointments on  governmental  advisory
21        boards  or  study  commissions  or as otherwise expressly
22        authorized by law;
23             (3)  be actively involved  in  the  affairs  of  any
24        political party or political organization; or
25             (4)  actively  participate  in  any campaign for any
26        elective office.
27        (f)  An Executive Inspector General may be  removed  only
28    for   cause  and  may  be  removed  only  by  the  appointing
29    constitutional officer. At  the  time  of  the  removal,  the
30    appointing  constitutional  officer must report to the Senate
31    the justification for the removal.

32        (93 HB3412enr. Sec. 20-15 new)
33        Sec. 20-15. Duties of the Executive Ethics Commission. In
 
                            -26-     LRB093 10272 JAM 19612 a
 1    addition to duties otherwise assigned by law,  the  Executive
 2    Ethics Commission shall have the following duties:
 3        (1)  To promulgate rules governing the performance of its
 4    duties and the exercise  of  its  powers  and  governing  the
 5    investigations of the Executive Inspectors General.
 6        (2)  To  conduct  administrative  hearings  and  rule  on
 7    matters  brought  before the Commission only upon the receipt
 8    of pleadings filed by an Executive Inspector General and  not
 9    upon  its  own prerogative, but may appoint special Executive
10    Inspectors General as provided in Section  20-21.  Any  other
11    allegations  of  misconduct received by the Commission from a
12    person other than an Executive  Inspector  General  shall  be
13    referred to the Office of the appropriate Executive Inspector
14    General.
15        (3)  To  prepare  and  publish  manuals  and  guides and,
16    working with the Office  of  the  Attorney  General,  oversee
17    training  of  employees  under its jurisdiction that explains
18    their duties.
19        (4) To prepare public information materials to facilitate
20    compliance, implementation, and enforcement of this Act.
21        (5) To submit reports as required by this Act.
22        (6) To  the  extent  authorized  by  this  Act,  to  make
23    rulings,  issue  recommendations,  and  impose administrative
24    fines, if appropriate, in connection with the  implementation
25    and  interpretation of this Act. The powers and duties of the
26    Commission are limited to matters clearly within the  purview
27    of this Act.
28        (7)  To  issue  subpoenas with respect to matters pending
29    before the Commission, subject  to  the  provisions  of  this
30    Article  and  in  the discretion of the Commission, to compel
31    the attendance of witnesses for purposes of testimony and the
32    production of documents and other items  for  inspection  and
33    copying.
34        (8)  To  appoint  special Executive Inspectors General as
 
                            -27-     LRB093 10272 JAM 19612 a
 1    provided in Section 20-21.

 2        (93 HB3412enr. Sec. 20-20 new)
 3        Sec. 20-20. Duties of the Executive  Inspectors  General.
 4    In  addition  to  duties  otherwise  assigned  by  law,  each
 5    Executive Inspector General shall have the following duties:
 6        (1)  To receive and investigate allegations of violations
 7    of  this  Act.  The  Executive  Inspector General may receive
 8    information through the Office  of  any  Executive  Inspector
 9    General or through an ethics commission. An investigation may
10    be  conducted only in response to information reported to the
11    Executive Inspector General as provided in this  Section  and
12    not  upon  his or her own prerogative. Allegations may not be
13    made anonymously. The Executive Inspector General shall  have
14    the   discretion   to  determine  the  appropriate  means  of
15    investigation as permitted by law.
16        (2)  To request information relating to an  investigation
17    from  any  person  when the Executive Inspector General deems
18    that information necessary in conducting an investigation.
19        (3)  To issue  subpoenas  to  compel  the  attendance  of
20    witnesses  for  the  purposes  of testimony and production of
21    documents and other items for inspection and copying.
22        (4)  To submit reports as required by this Act.
23        (5)  After finding sufficient evidence, to file pleadings
24    in the name of  the  Executive  Inspector  General  with  the
25    Executive Ethics Commission, through the Attorney General, as
26    provided in this Article.
27        (6)  To  assist  and  coordinate  the ethics officers for
28    State  agencies  under  the  jurisdiction  of  the  Executive
29    Inspector General and to work with those ethics officers.
30        (7)  To participate  in  or  conduct,  when  appropriate,
31    multi-jurisdictional investigations.
32        (8)  To request, as the Executive Inspector General deems
33    appropriate, from ethics officers of State agencies under his
 
                            -28-     LRB093 10272 JAM 19612 a
 1    or  her  jurisdiction,  reports  or  information  on  (i) the
 2    content of a State agency's ethics training program and  (ii)
 3    the  percentage  of  new  officers  and  employees  who  have
 4    completed ethics training.

 5        (93 HB3412enr. Sec. 20-21 new)
 6        Sec. 20-21.  Special Executive Inspectors General.
 7        (a)  The   Executive   Ethics   Commission,  on  its  own
 8    initiative  and  by  majority  vote,  may   appoint   special
 9    Executive  Inspectors  General  to  investigate fraud, waste,
10    abuse, mismanagement, misconduct,  nonfeasance,  misfeasance,
11    malfeasance,  violations  of this Act, or violations of other
12    related laws and rules with respect to any investigation  not
13    concluded  within  6  months  after its initiation, where the
14    Commission finds that the Inspector General's  reasons  under
15    Section  20-65  for failing to complete the investigation are
16    insufficient.
17        (b)  A special Executive Inspector General must have  the
18    same   qualifications   as  an  Executive  Inspector  General
19    appointed under Section 20-10.
20        (c)  The Commission's appointment of a special  Executive
21    Inspector  General  must  be  in writing and must specify the
22    duration  and  purpose  of  the  appointment.   The   written
23    appointment shall be a public record.
24        (d)  A special Executive Inspector General shall have the
25    same  powers and duties with respect to the purpose of his or
26    her appointment as an Executive Inspector  General  appointed
27    under Section 20-10.
28        (e)  A  special  Executive Inspector General shall report
29    the findings of his or her investigation to the Commission.
30        (f)  The Commission may report the findings of a  special
31    Executive  Inspector General and its recommendations, if any,
32    to the appointing  authority  of  the  appropriate  Executive
33    Inspector General.
 
                            -29-     LRB093 10272 JAM 19612 a
 1        (93 HB3412enr. Sec. 20-23 new)
 2        Sec.  20-23.  Ethics  Officers. Each officer and the head
 3    of each State agency under the jurisdiction of the  Executive
 4    Ethics  Commission  shall designate an Ethics Officer for the
 5    office or State agency. Ethics Officers shall:
 6             (1)  act as liaisons between the  State  agency  and
 7        the  appropriate  Executive Inspector General and between
 8        the State agency and the Executive Ethics Commission;
 9             (2)  review  statements  of  economic  interest  and
10        disclosure  forms  of  officers,  senior  employees,  and
11        contract  monitors  before  they  are  filed   with   the
12        Secretary of State; and
13             (3)  provide  guidance  to officers and employees in
14        the interpretation and implementation of this  Act.  Such
15        guidance  shall  be  based, wherever possible, upon legal
16        precedent in court decisions, opinions  of  the  Attorney
17        General,  and  the findings and opinions of the Executive
18        Ethics Commission.

19        (93 HB3412enr. Sec. 20-35 new)
20        Sec. 20-35. Administrative subpoena; compliance. A person
21    duly subpoenaed for testimony, documents, or other items  who
22    neglects  or refuses to testify or produce documents or other
23    items under the requirements of the subpoena shall be subject
24    to punishment as may be determined by a  court  of  competent
25    jurisdiction,  unless  (i) the testimony, documents, or other
26    items are covered by the  attorney-client  privilege  or  any
27    other  privilege  or  right  recognized  by  law  or (ii) the
28    testimony,   documents,   or   other   items   concern    the
29    representation of employees and the negotiation of collective
30    bargaining  agreements by a labor organization authorized and
31    recognized under the Illinois Public Labor Relations  Act  to
32    be  the  exclusive  bargaining representative of employees of
33    the State agency. Nothing in this Section limits  a  person's
 
                            -30-     LRB093 10272 JAM 19612 a
 1    right  to  protection  against  self-incrimination  under the
 2    Fifth Amendment of the United States Constitution or  Article
 3    I, Section 10, of the Constitution of the State of Illinois.

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

17        (93 HB3412enr. Sec. 20-45 new)
18        Sec. 20-45. Standing; representation.
19        (a)  Only  an  Executive  Inspector  General  may   bring
20    actions before the Executive Ethics Commission.
21        (b)  The  Attorney  General  shall represent an Executive
22    Inspector General in all proceedings before  the  Commission,
23    except  that the Attorney General may appoint special counsel
24    to  represent  an  Executive  Inspector  General  before  the
25    Commission if the Attorney  General  deems  it  necessary  to
26    avoid   any  actual,  potential,  or  perceived  conflict  of
27    interest.
28        (c)  Attorneys  or  special   counsel   representing   an
29    Inspector  General in proceedings before the Executive Ethics
30    Commission shall be appointed or  retained  by  the  Attorney
31    General,  shall  be  under  the  supervision,  direction, and
32    control of the Attorney  General,  and  shall  serve  at  the
 
                            -31-     LRB093 10272 JAM 19612 a
 1    pleasure  of  the  Attorney  General. The compensation of any
 2    assistant attorneys and special counsel appointed or retained
 3    in accordance with this  subsection  shall  be  paid  by  the
 4    appropriate Office of the Executive Inspector General.

 5        (93 HB3412enr. Sec. 20-50 new)
 6        Sec. 20-50.  Investigation reports; complaint procedure.
 7        (a)  If   an   Executive   Inspector  General,  upon  the
 8    conclusion of an investigation,  determines  that  sufficient
 9    evidence  exists  to file pleadings with the Executive Ethics
10    Commission, then the Executive Inspector General shall  issue
11    a  summary  report  of the investigation. The report shall be
12    delivered  to   the   appropriate   ultimate   jurisdictional
13    authority and to the head of each State agency affected by or
14    involved in the investigation, if appropriate.
15        (b)  The   summary  report  of  the  investigation  shall
16    include the following:
17             (1)  A  description  of  any  allegations  or  other
18        information received by the Executive  Inspector  General
19        pertinent to the investigation.
20             (2)  A   description   of   any  alleged  misconduct
21        discovered in the course of the investigation.
22             (3)  Recommendations   for   any    corrective    or
23        disciplinary  action  to  be  taken  in  response  to any
24        alleged misconduct described in the report, including but
25        not limited to discharge.
26             (4)  Other  information  the   Executive   Inspector
27        General  deems relevant to the investigation or resulting
28        recommendations.
29        (c)  Not less than 30 days after delivery of the  summary
30    report   of   an  investigation  under  subsection  (a),  the
31    Executive Inspector  General,  represented  by  the  Attorney
32    General,  may  file  with  the  Executive Ethics Commission a
33    petition for leave to file a complaint.  The  petition  shall
 
                            -32-     LRB093 10272 JAM 19612 a
 1    set forth the alleged violation and the grounds that exist to
 2    support  the  petition.  The  petition  for  leave  to file a
 3    complaint must be filed with the Commission within 18  months
 4    after an alleged violation of this Act.
 5        (d)  A  copy  of  the  petition  must  be  served  on all
 6    respondents named in the complaint and on  each  respondent's
 7    ultimate  jurisdictional  authority  in  the  same  manner as
 8    process is served under the Code of Civil Procedure.
 9        (e)  A respondent may file objections to the petition for
10    leave to file a complaint within 30 days after notice of  the
11    petition has been served on the respondent.
12        (f)  The  Commission  shall  meet, either in person or by
13    telephone, in a closed session to review the  sufficiency  of
14    the  complaint.  If  the  Commission  finds that complaint is
15    sufficient, the Commission shall grant the petition for leave
16    to file the complaint. The Commission shall issue  notice  to
17    the  Executive  Inspector  General and all respondents of the
18    Commission's ruling on the sufficiency of the  complaint.  If
19    the complaint is deemed to sufficiently allege a violation of
20    this  Act,  then  the Commission shall notify the parties and
21    shall include a hearing date scheduled within 4  weeks  after
22    the  date of the notice, unless all of the parties consent to
23    a later date. If the complaint is deemed not to  sufficiently
24    allege  a  violation,  then  the  Commission  shall  send  by
25    certified  mail,  return  receipt  requested, a notice to the
26    parties of the decision to dismiss the complaint.
27        (g)  On the scheduled date the Commission shall conduct a
28    closed meeting, either in person or, if the parties  consent,
29    by  telephone,  on  the  complaint  and allow all parties the
30    opportunity to  present  testimony  and  evidence.  All  such
31    proceedings shall be transcribed.
32        (h)  Within an appropriate time limit set by rules of the
33    Executive Ethics Commission, the Commission shall (i) dismiss
34    the complaint or (ii) issue a recommendation of discipline to
 
                            -33-     LRB093 10272 JAM 19612 a
 1    the  respondent  and the respondent's ultimate jurisdictional
 2    authority  or  impose  an  administrative   fine   upon   the
 3    respondent, or both.
 4        (i)  The  proceedings  on  any  complaint  filed with the
 5    Commission shall be conducted pursuant to  rules  promulgated
 6    by the Commission.
 7        (j)  The  Commission  may  designate  hearing officers to
 8    conduct proceedings as determined by rule of the Commission.
 9        (k)  In  all  proceedings  before  the  Commission,   the
10    standard of proof is by a preponderance of the evidence.

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
 
                            -34-     LRB093 10272 JAM 19612 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
 
                            -35-     LRB093 10272 JAM 19612 a
 1    action, including dismissal, unless the failure is  based  on
 2    (i)  the  attorney-client privilege or any other privilege or
 3    right recognized by  law  or  (ii)  a  collective  bargaining
 4    agreement with a labor organization authorized and recognized
 5    under  the  Illinois  Public  Labor  Relations  Act to be the
 6    exclusive bargaining representative of affected employees.
 7        Nothing in  this  Section  limits  a  person's  right  to
 8    protection   against   self-incrimination   under  the  Fifth
 9    Amendment of the United States  Constitution  or  Article  I,
10    Section 10, of the Constitution of the State of Illinois.

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

23        (93 HB3412enr. Sec. 20-85 new)
24        Sec.  20-85.  Quarterly reports. Each Executive Inspector
25    General shall  submit  quarterly  reports  to  the  executive
26    branch  constitutional  officers  and  the  Executive  Ethics
27    Commission,  on  dates  determined  by  the  Executive Ethics
28    Commission, indicating:
29             (1)  the number of allegations  received  since  the
30        date of the last report;
31             (2)  the  number  of  investigations initiated since
32        the date of the last report;
 
                            -36-     LRB093 10272 JAM 19612 a
 1             (3)  the number of  investigations  concluded  since
 2        the date of the last report;
 3             (4)  the  number of investigations pending as of the
 4        reporting date; and
 5             (5)  the number of  actions  filed  since  the  last
 6        report  and  the  number  of  actions  pending before the
 7        Commission as of the reporting date.

 8        (93 HB3412enr. Sec. 20-90 new)
 9        Sec. 20-90. Confidentiality.
10        (a)  The identity of any individual providing information
11    or  reporting  any  possible  or  alleged  misconduct  to  an
12    Executive  Inspector  General   or   the   Executive   Ethics
13    Commission   shall  be  kept  confidential  and  may  not  be
14    disclosed without the consent of that individual, unless  the
15    individual  consents  to  disclosure  of  his  or her name or
16    disclosure of the individual's identity is otherwise required
17    by law. The confidentiality granted by this  subsection  does
18    not  preclude  the  disclosure of the identity of a person in
19    any capacity other than as the source of an allegation.
20        (b)  Commissioners,  employees,   and   agents   of   the
21    Executive   Ethics   Commission,   the  Executive  Inspectors
22    General, and employees  and  agents  of  each  Office  of  an
23    Executive Inspector General shall keep confidential and shall
24    not  disclose  information exempted from disclosure under the
25    Freedom of Information Act or by this Act.

26        (93 HB3412enr. Sec. 20-95 new)
27        Sec. 20-95. Exemptions.
28        (a)  Documents generated by an ethics officer under  this
29    Act  are  exempt  from  the  provisions  of  the  Freedom  of
30    Information Act.
31        (b)  Any  allegations  and related documents submitted to
32    an Executive Inspector General and any pleadings and  related
 
                            -37-     LRB093 10272 JAM 19612 a
 1    documents  brought before the Executive Ethics Commission are
 2    exempt from the provisions of the Freedom of Information  Act
 3    so  long  as  the Executive Ethics Commission does not make a
 4    finding of a violation of this Act. If the  Executive  Ethics
 5    Commission  finds  that  a violation has occurred, the entire
 6    record of proceedings before the Commission, the decision and
 7    recommendation, and the mandatory report from the agency head
 8    or ultimate jurisdictional authority to the Executive  Ethics
 9    Commission  are not exempt from the provisions of the Freedom
10    of Information Act but information contained therein that  is
11    otherwise  exempt from the Freedom of Information Act must be
12    redacted before disclosure as provided in Section  8  of  the
13    Freedom of Information Act.
14        (c)  Meetings  of  the Commission under Sections 20-5 and
15    20-15 of this Act are exempt from the provisions of the  Open
16    Meetings Act.
17        (d)  Unless   otherwise   provided   in   this  Act,  all
18    investigatory files and reports of the Office of an Executive
19    Inspector   General,   other   than   annual   reports,   are
20    confidential, are exempt from disclosure under the Freedom of
21    Information Act, and shall not be divulged to any  person  or
22    agency,  except  as  necessary  (i)  to  the  appropriate law
23    enforcement authority if the matter is referred  pursuant  to
24    this  Act, (ii) to the ultimate jurisdiction authority, (iii)
25    to the  Executive  Ethics  Commission;  or  (iv)  to  another
26    Inspector General appointed pursuant to this Act.

27        (93 HB3412enr. Art. 25 heading new)
28                             ARTICLE 25
29                  LEGISLATIVE ETHICS COMMISSION AND
30                    LEGISLATIVE INSPECTOR GENERAL

31        (93 HB3412enr. Sec. 25-5 new)
32        Sec. 25-5. Legislative Ethics Commission.
 
                            -38-     LRB093 10272 JAM 19612 a
 1        (a) The Legislative Ethics Commission is created.
 2        (b)  The Legislative Ethics Commission shall consist of 8
 3    commissioners appointed 2 each by the President and  Minority
 4    Leader  of  the Senate and the Speaker and Minority Leader of
 5    the House of Representatives.
 6        The terms of the  initial  commissioners  shall  commence
 7    upon qualification. Each appointing authority shall designate
 8    one  appointee  who  shall  serve  for  a 2-year term running
 9    through  June  30,  2005.  Each  appointing  authority  shall
10    designate one appointee who shall serve  for  a  4-year  term
11    running through June 30, 2007. The initial appointments shall
12    be made within 60 days after the effective date of this Act.
13        After  the  initial  terms, commissioners shall serve for
14    4-year terms commencing on July 1 of the year of  appointment
15    and  running  through  June  30 of the fourth following year.
16    Commissioners may be reappointed to one  or  more  subsequent
17    terms.
18        Vacancies occurring other than at the end of a term shall
19    be filled by the appointing authority only for the balance of
20    the term of the commissioner whose office is vacant.
21        Terms  shall  run  regardless  of whether the position is
22    filled.
23        (c)   The   appointing    authorities    shall    appoint
24    commissioners who have experience holding governmental office
25    or  employment  and may appoint commissioners who are members
26    of the General Assembly as well  as  commissioners  from  the
27    general  public.  A  person  is  not  eligible  to serve as a
28    commissioner if that person  (i)  has  been  convicted  of  a
29    felony  or a crime of dishonesty or moral turpitude, (ii) is,
30    or was within the preceding 12 months, engaged in  activities
31    that  require  registration  under  the Lobbyist Registration
32    Act, (iii) is a relative of the appointing authority, or (iv)
33    is a State officer or employee other than  a  member  of  the
34    General Assembly.
 
                            -39-     LRB093 10272 JAM 19612 a
 1        (d)   The   Legislative   Ethics  Commission  shall  have
 2    jurisdiction over members of the General Assembly  and    all
 3    State  employees  whose  ultimate jurisdictional authority is
 4    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
 5    Commission,  or  (iii)  the  Joint  Committee  on Legislative
 6    Support Services.  The  jurisdiction  of  the  Commission  is
 7    limited to matters arising under this Act.
 8        (e)  The  Legislative Ethics Commission must meet, either
 9    in person or by other  technological  means,  monthly  or  as
10    often  as  necessary. At the first meeting of the Legislative
11    Ethics Commission, the commissioners shall choose from  their
12    number  a  chairperson  and  other  officers  that  they deem
13    appropriate. The terms of  officers  shall  be  for  2  years
14    commencing  July  1 and running through June 30 of the second
15    following year. Meetings shall be held at  the  call  of  the
16    chairperson  or  any  3 commissioners. Official action by the
17    Commission  shall  require  the   affirmative   vote   of   5
18    commissioners, and a quorum shall consist of 5 commissioners.
19    Commissioners  shall  receive  no  compensation  but  may  be
20    reimbursed for their reasonable expenses actually incurred in
21    the performance of their duties.
22        (f)  No  commissioner, other than a commissioner who is a
23    member  of  the  General  Assembly,  or   employee   of   the
24    Legislative  Ethics  Commission may during his or her term of
25    appointment or employment:
26             (1) become a candidate for any elective office;
27             (2) hold  any  other  elected  or  appointed  public
28        office  except  for appointments on governmental advisory
29        boards or study commissions  or  as  otherwise  expressly
30        authorized by law;
31             (3)  be  actively  involved  in  the  affairs of any
32        political party or political organization; or
33             (4) actively participate in  any  campaign  for  any
34        elective office.
 
                            -40-     LRB093 10272 JAM 19612 a
 1        (g)  An  appointing  authority  may remove a commissioner
 2    only for cause.
 3        (h) The Legislative Ethics Commission  shall  appoint  an
 4    Executive   Director.   The  compensation  of  the  Executive
 5    Director shall be as determined by the Commission or  by  the
 6    Compensation  Review  Board,  whichever amount is higher. The
 7    Executive Director of the Legislative Ethics  Commission  may
 8    employ   and   determine   the   compensation  of  staff,  as
 9    appropriations permit.

10        (93 HB3412enr. Sec. 25-10 new)
11        Sec. 25-10. Office of Legislative Inspector General.
12        (a)  The independent Office of the Legislative  Inspector
13    General  is  created. The Office shall be under the direction
14    and supervision of  the  Legislative  Inspector  General  and
15    shall   be   a   fully   independent   office  with  its  own
16    appropriation.
17        (b)  The Legislative Inspector General shall be appointed
18    without regard to political affiliation  and  solely  on  the
19    basis  of integrity and demonstrated ability. The Legislative
20    Ethics  Commission  shall  diligently  search  out  qualified
21    candidates for Legislative Inspector General and  shall  make
22    recommendations to the General Assembly.
23        The Legislative Inspector General shall be appointed by a
24    joint   resolution   of   the   Senate   and   the  House  of
25    Representatives, which may specify  the  date  on  which  the
26    appointment  takes  effect.  A  joint  resolution,  or  other
27    document  as  may  be  specified  by  the  Joint Rules of the
28    General  Assembly,  appointing  the   Legislative   Inspector
29    General  must  be  certified  by  the Speaker of the House of
30    Representatives and the President of  the  Senate  as  having
31    been  adopted  by the affirmative vote of three-fifths of the
32    members elected to each house,  respectively,  and  be  filed
33    with   the   Secretary  of  State.  The  appointment  of  the
 
                            -41-     LRB093 10272 JAM 19612 a
 1    Legislative Inspector General takes effect  on  the  day  the
 2    appointment  is completed by the General Assembly, unless the
 3    appointment specifies a later date on which it is  to  become
 4    effective.
 5        The   Legislative   Inspector   General  shall  have  the
 6    following qualifications:
 7             (1)  has not been convicted  of any felony under the
 8        laws of this State, another State, or the United States;
 9             (2)  has  earned  a  baccalaureate  degree  from  an
10        institution of higher education; and
11             (3)  has either (A) 5 or more years of service  with
12        a  federal,  State,  or  local law enforcement agency, at
13        least 2  years  of  which  have  been  in  a  progressive
14        investigatory capacity; (B) 5 or more years of service as
15        a  federal,  State, or local prosecutor; or (C) 5 or more
16        years of service as a senior manager or  executive  of  a
17        federal,  State,  or local agency; or (D) 5 or more years
18        of service as a member, an officer, or a State or federal
19        judge.
20        The Legislative Inspector General may not be  a  relative
21    of a commissioner.
22        The  term  of  the  initial Legislative Inspector General
23    shall commence upon qualification and shall run through  June
24    30, 2008.
25        After the initial term, the Legislative Inspector General
26    shall serve for 5-year terms commencing on July 1 of the year
27    of  appointment  and  running  through  June  30 of the fifth
28    following year. The  Legislative  Inspector  General  may  be
29    reappointed to one or more subsequent terms.
30        A vacancy occurring other than at the end of a term shall
31    be  filled  in the same manner as an appointment only for the
32    balance of the term  of  the  Legislative  Inspector  General
33    whose office is vacant.
34        Terms  shall  run  regardless  of whether the position is
 
                            -42-     LRB093 10272 JAM 19612 a
 1    filled.
 2        (c)  The  Legislative  Inspector   General   shall   have
 3    jurisdiction over the members of the General Assembly and all
 4    State  employees  whose  ultimate jurisdictional authority is
 5    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
 6    Commission,  or  (iii)  the  Joint  Committee  on Legislative
 7    Support Services.
 8        The jurisdiction of each Legislative 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   compensation   of  the  Legislative  Inspector
14    General shall be the greater of an amount (i)  determined  by
15    the  Commission  or  (ii)  by joint resolution of the General
16    Assembly passed by a majority  of  members  elected  in  each
17    chamber.   Subject   to   Section  25-45  of  this  Act,  the
18    Legislative Inspector General has full authority to  organize
19    the  Office  of  the Legislative Inspector General, including
20    the employment  and  determination  of  the  compensation  of
21    staff,  such as deputies, assistants, and other employees, as
22    appropriations permit.
23        (e)  No Legislative Inspector General or employee of  the
24    Office  of  the Legislative Inspector General may, during his
25    or her term of appointment or employment or within  one  year
26    thereafter:
27             (1)  become a candidate for any elective office;
28             (2)  hold  any  other  elected  or  appointed public
29        office except for appointments on  governmental  advisory
30        boards  or  study  commissions  or as otherwise expressly
31        authorized by law;
32             (3)  be actively involved  in  the  affairs  of  any
33        political party or political organization; or
34             (4)  actively  participate  in  any campaign for any
 
                            -43-     LRB093 10272 JAM 19612 a
 1        elective office.
 2        (f)  The Commission may remove the Legislative  Inspector
 3    General  only  for  cause.   At  the time of the removal, the
 4    Commission  must  report  to   the   General   Assembly   the
 5    justification for the removal.

 6        (93 HB3412enr. Sec. 25-15 new)
 7        Sec.  25-15. Duties of the Legislative Ethics Commission.
 8    In  addition  to  duties  otherwise  assigned  by  law,   the
 9    Legislative   Ethics  Commission  shall  have  the  following
10    duties:
11        (1) To promulgate rules governing the performance of  its
12    duties  and  the  exercise  of  its  powers and governing the
13    investigations of the Legislative Inspector General.
14        (2)  To  conduct  administrative  hearings  and  rule  on
15    matters brought before the Commission only upon  the  receipt
16    of  pleadings  filed by the Legislative Inspector General and
17    not  upon  its  own  prerogative,  but  may  appoint  special
18    Legislative Inspectors General as provided in Section  25-21.
19    Any   other   allegations   of  misconduct  received  by  the
20    Commission from a person other than the Legislative Inspector
21    General shall be referred to the Office  of  the  Legislative
22    Inspector General.
23        (3)  To  prepare  and  publish  manuals  and  guides and,
24    working with the Office  of  the  Attorney  General,  oversee
25    training  of  employees  under its jurisdiction that explains
26    their duties.
27        (4) To prepare public information materials to facilitate
28    compliance, implementation, and enforcement of this Act.
29        (5) To submit reports as required by this Act.
30        (6) To  the  extent  authorized  by  this  Act,  to  make
31    rulings,  issue  recommendations,  and  impose administrative
32    fines, if appropriate, in connection with the  implementation
33    and  interpretation of this Act. The powers and duties of the
 
                            -44-     LRB093 10272 JAM 19612 a
 1    Commission are limited to matters clearly within the  purview
 2    of this Act.
 3        (7)  To  issue  subpoenas with respect to matters pending
 4    before the Commission, subject  to  the  provisions  of  this
 5    Article  and  in  the discretion of the Commission, to compel
 6    the attendance of witnesses for purposes of testimony and the
 7    production of documents and other items  for  inspection  and
 8    copying.
 9        (8)  To appoint special Legislative Inspectors General as
10    provided in Section 25-21.

11        (93 HB3412enr. Sec. 25-20 new)
12        Sec.  25-20. Duties of the Legislative Inspector General.
13    In  addition  to  duties  otherwise  assigned  by  law,   the
14    Legislative   Inspector  General  shall  have  the  following
15    duties:
16        (1)  To receive and investigate allegations of violations
17    of this Act. The Legislative Inspector  General  may  receive
18    information  through  the Office of the Legislative Inspector
19    General or through an ethics commission. An investigation may
20    be conducted only in response to information reported to  the
21    Legislative Inspector General as provided in this Section and
22    not  upon  his or her own prerogative. Allegations may not be
23    made anonymously. The  Legislative  Inspector  General  shall
24    have  the  discretion  to  determine the appropriate means of
25    investigation as permitted by law.
26        (2)  To request information relating to an  investigation
27    from  any person when the Legislative Inspector General deems
28    that information necessary in conducting an investigation.
29        (3)  To issue  subpoenas  to  compel  the  attendance  of
30    witnesses  for  the  purposes  of testimony and production of
31    documents and other items for inspection and copying.
32        (4)  To submit reports as required by this Act.
33        (5)  After finding sufficient evidence, to file pleadings
 
                            -45-     LRB093 10272 JAM 19612 a
 1    in the name of the Legislative  Inspector  General  with  the
 2    Legislative  Ethics Commission, through the Attorney General,
 3    as provided in this Article.
 4        (6)  To assist and coordinate  the  ethics  officers  for
 5    State  agencies  under  the  jurisdiction  of the Legislative
 6    Inspector General and to work with those ethics officers.
 7        (7)  To participate  in  or  conduct,  when  appropriate,
 8    multi-jurisdictional investigations.
 9        (8)  To  request,  as  the  Legislative Inspector General
10    deems appropriate, from ethics  officers  of  State  agencies
11    under his or her  jurisdiction, reports or information on (i)
12    the  content  of a State agency's ethics training program and
13    (ii) the percentage of new officers and  employees  who  have
14    completed ethics training.

15        (93 HB3412enr. Sec. 25-21 new)
16        Sec. 25-21.  Special Legislative Inspectors General.
17        (a)  The   Legislative  Ethics  Commission,  on  its  own
18    initiative  and  by  majority  vote,  may   appoint   special
19    Legislative  Inspectors  General to investigate fraud, waste,
20    abuse, mismanagement, misconduct,  nonfeasance,  misfeasance,
21    malfeasance,  violations  of this Act, or violations of other
22    related laws and rules with respect to any investigation  not
23    concluded  within  6  months  after its initiation, where the
24    Commission finds that the Inspector General's  reasons  under
25    Section  25-65  for failing to complete the investigation are
26    insufficient.
27        (b)  A special Legislative Inspector  General  must  have
28    the  same qualifications as the Legislative Inspector General
29    appointed under Section 25-10.
30        (c)  The   Commission's   appointment   of   a    special
31    Legislative  Inspector  General  must  be in writing and must
32    specify the duration and  purpose  of  the  appointment.  The
33    written appointment shall be a public record.
 
                            -46-     LRB093 10272 JAM 19612 a
 1        (d)  A  special  Legislative Inspector General shall have
 2    the same powers and duties with respect to the purpose of his
 3    or her  appointment  as  the  Legislative  Inspector  General
 4    appointed under Section 25-10.
 5        (e)  A special Legislative Inspector General shall report
 6    the findings of his or her investigation to the Commission.
 7        (f)  The  Commission may report the findings of a special
 8    Legislative Inspector General  and  its  recommendations,  if
 9    any, to the General Assembly.

10        (93 HB3412enr. Sec. 25-23 new)
11        Sec.  25-23.  Ethics Officers. The President and Minority
12    Leader of the Senate and the Speaker and Minority  Leader  of
13    the  House  of  Representatives  shall each appoint an ethics
14    officer  for  the  members  and  employees  of  his  or   her
15    legislative  caucus.  The head of each State agency under the
16    jurisdiction of the Legislative Ethics Commission, other than
17    the General Assembly, shall designate an ethics  officer  for
18    the State agency. Ethics Officers shall:
19             (1)  act  as  liaisons  between the State agency and
20        the Legislative Inspector General and between  the  State
21        agency and the Legislative Ethics Commission;
22             (2)  review  statements  of  economic  interest  and
23        disclosure  forms  of  officers,  senior  employees,  and
24        contract   monitors   before  they  are  filed  with  the
25        Secretary of State; and
26             (3)  provide guidance to officers and  employees  in
27        the  interpretation  and implementation of this Act. Such
28        guidance shall be based, wherever  possible,  upon  legal
29        precedent  in  court  decisions, opinions of the Attorney
30        General, and the findings and opinions of the Legislative
31        Ethics Commission.

32        (93 HB3412enr. Sec. 25-35 new)
 
                            -47-     LRB093 10272 JAM 19612 a
 1        Sec. 25-35. Administrative subpoena; compliance. A person
 2    duly subpoenaed for testimony, documents, or other items  who
 3    neglects  or refuses to testify or produce documents or other
 4    items under the requirements of the subpoena shall be subject
 5    to punishment as may be determined by a  court  of  competent
 6    jurisdiction, unless the testimony, documents, or other items
 7    are  covered  by  the  attorney-client privilege or any other
 8    privilege or right recognized by law. Nothing in this Section
 9    limits   a   person's    right    to    protection    against
10    self-incrimination  under  the  Fifth Amendment of the United
11    States  Constitution  or  Article  I,  Section  10,  of   the
12    Constitution of the State of Illinois.

13        (93 HB3412enr. Sec. 25-45 new)
14        Sec. 25-45. Standing; representation.
15        (a)  Only  the  Legislative  Inspector  General may bring
16    actions before the Legislative Ethics Commission.
17        (b)  The Attorney General shall represent the Legislative
18    Inspector General in all proceedings before  the  Commission,
19    except  that the Attorney General may appoint special counsel
20    to represent the Legislative  Inspector  General  before  the
21    Commission  if  the  Attorney  General  deems it necessary to
22    avoid  any  actual,  potential,  or  perceived  conflict   of
23    interest.
24        (c)  Attorneys   or   special   counsel  representing  an
25    Inspector  General  in  proceedings  before  the  Legislative
26    Ethics Commission shall  be  appointed  or  retained  by  the
27    Attorney  General, shall be under the supervision, direction,
28    and control of the Attorney General, and shall serve  at  the
29    pleasure  of  the  Attorney  General. The compensation of any
30    assistant attorneys and special counsel appointed or retained
31    in accordance with this  subsection  shall  be  paid  by  the
32    Office of the Legislative Inspector General.
 
                            -48-     LRB093 10272 JAM 19612 a
 1        (93 HB3412enr. Sec. 25-50 new)
 2        Sec. 25-50.  Investigation reports; complaint procedure.
 3        (a)  If  the  Legislative  Inspector  General,  upon  the
 4    conclusion  of  an  investigation, determines that sufficient
 5    evidence exists to file pleadings with the Legislative Ethics
 6    Commission, then  the  Legislative  Inspector  General  shall
 7    issue a summary report of the investigation. The report shall
 8    be  delivered  to  the  appropriate  ultimate  jurisdictional
 9    authority and to the head of each State agency affected by or
10    involved in the investigation, if appropriate.
11        (b)  The   summary  report  of  the  investigation  shall
12    include the following:
13             (1)  A  description  of  any  allegations  or  other
14        information received by the Legislative Inspector General
15        pertinent to the investigation.
16             (2)  A  description  of   any   alleged   misconduct
17        discovered in the course of the investigation.
18             (3)  Recommendations    for    any   corrective   or
19        disciplinary action  to  be  taken  in  response  to  any
20        alleged misconduct described in the report, including but
21        not limited to discharge.
22             (4)  Other  information  the  Legislative  Inspector
23        General  deems relevant to the investigation or resulting
24        recommendations.
25        (c)  Not less than 30 days after delivery of the  summary
26    report   of   an  investigation  under  subsection  (a),  the
27    Legislative Inspector General, represented  by  the  Attorney
28    General,  may  file  with the Legislative Ethics Commission a
29    petition for leave to file a complaint.  The  petition  shall
30    set forth the alleged violation and the grounds that exist to
31    support  the  petition.  The  petition  for  leave  to file a
32    complaint must be filed with the Commission within 18  months
33    after an alleged violation of this Act.
34        (d)  A  copy  of  the  petition  must  be  served  on all
 
                            -49-     LRB093 10272 JAM 19612 a
 1    respondents named in the complaint and on  each  respondent's
 2    ultimate  jurisdictional  authority  in  the  same  manner as
 3    process is served under the Code of Civil Procedure.
 4        (e)  A respondent may file objections to the petition for
 5    leave to file a complaint within 30 days after notice of  the
 6    petition has been served on the respondent.
 7        (f)  The  Commission  shall  meet, either in person or by
 8    telephone, in a closed session to review the  sufficiency  of
 9    the  complaint.  If  the  Commission  finds that complaint is
10    sufficient, the Commission shall grant the petition for leave
11    to file the complaint. The Commission shall issue  notice  to
12    the  Legislative Inspector General and all respondents of the
13    Commission's ruling on the sufficiency of the  complaint.  If
14    the complaint is deemed to sufficiently allege a violation of
15    this  Act,  then  the Commission shall notify the parties and
16    shall include a hearing date scheduled within 4  weeks  after
17    the  date of the notice, unless all of the parties consent to
18    a later date. If the complaint is deemed not to  sufficiently
19    allege  a  violation,  then  the  Commission  shall  send  by
20    certified  mail,  return  receipt  requested, a notice to the
21    parties of the decision to dismiss the complaint.
22        (g)  On the scheduled date the Commission shall conduct a
23    closed meeting, either in person or, if the parties  consent,
24    by  telephone,  on  the  complaint  and allow all parties the
25    opportunity to  present  testimony  and  evidence.  All  such
26    proceedings shall be transcribed.
27        (h)  Within an appropriate time limit set by rules of the
28    Legislative  Ethics  Commission,  the  Commission  shall  (i)
29    dismiss  the  complaint  or  (ii)  issue  a recommendation of
30    discipline to the respondent and  the  respondent's  ultimate
31    jurisdictional  authority  or  impose  an administrative fine
32    upon the respondent, or both.
33        (i)  The proceedings on  any  complaint  filed  with  the
34    Commission  shall  be conducted pursuant to rules promulgated
 
                            -50-     LRB093 10272 JAM 19612 a
 1    by the Commission.
 2        (j)  The Commission may  designate  hearing  officers  to
 3    conduct proceedings as determined by rule of the Commission.
 4        (k)  In   all  proceedings  before  the  Commission,  the
 5    standard of proof is by a preponderance of the evidence.

 6        (93 HB3412enr. Sec. 25-55 new)
 7        Sec. 25-55. Decisions; recommendations.
 8        (a)  All decisions of the Legislative  Ethics  Commission
 9    must  include  a  description  of the alleged misconduct, the
10    decision of the Commission, including any  fines  levied  and
11    any  recommendation of discipline, and the reasoning for that
12    decision. All decisions of the Commission shall be  delivered
13    to  the head of the appropriate State agency, the appropriate
14    ultimate  jurisdictional  authority,  and   the   Legislative
15    Inspector  General.  The  Legislative Ethics Commission shall
16    promulgate rules for the decision and recommendation process.
17        (b)  If  the  Legislative  Ethics  Commission  issues   a
18    recommendation  of  discipline  to an agency head or ultimate
19    jurisdictional  authority,  that  agency  head  or   ultimate
20    jurisdictional  authority must respond to that recommendation
21    in 30 days with a written response to the Legislative  Ethics
22    Commission.  This  response  must  include  any  disciplinary
23    action  the  agency head or ultimate jurisdictional authority
24    has  taken  with  respect  to  the  officer  or  employee  in
25    question. If  the  agency  head  or  ultimate  jurisdictional
26    authority  did  not  take  any disciplinary action, or took a
27    different disciplinary action than that  recommended  by  the
28    Legislative  Ethics  Commission,  the agency head or ultimate
29    jurisdictional authority must describe the  different  action
30    and  explain  the  reasons  for  the  different action in the
31    written response. This  response  must  be  served  upon  the
32    Legislative  Ethics  Commission and the Legislative Inspector
33    General within the 30-day period and is not exempt  from  the
 
                            -51-     LRB093 10272 JAM 19612 a
 1    provisions of the Freedom of Information Act.

 2        (93 HB3412enr. Sec. 25-60 new)
 3        Sec. 25-60. Appeals. A decision of the Legislative Ethics
 4    Commission  to  impose  a  fine is subject to judicial review
 5    under the Administrative Review Law. All other  decisions  by
 6    the  Legislative  Ethics Commission are final and not subject
 7    to review either administratively or judicially.

 8        (93 HB3412enr. Sec. 25-65 new)
 9        Sec. 25-65. Investigations not concluded within 6 months.
10    If any investigation is not concluded within 6  months  after
11    its  initiation,  the  Legislative  Inspector  General  shall
12    notify  the  Legislative  Ethics  Commission  and appropriate
13    ultimate jurisdictional authority of the  general  nature  of
14    the   allegation   or   information   giving   rise   to  the
15    investigation and the reasons for  failure  to  complete  the
16    investigation within 6 months.

17        (93 HB3412enr. Sec. 25-70 new)
18        Sec. 25-70. Cooperation in investigations. It is the duty
19    of  every  officer and employee under the jurisdiction of the
20    Legislative  Inspector  General,  including   any   inspector
21    general serving in any State agency under the jurisdiction of
22    the  Legislative  Inspector  General,  to  cooperate with the
23    Legislative Inspector General in any investigation undertaken
24    pursuant  to  this  Act.  Failure  to   cooperate   with   an
25    investigation of the Legislative Inspector General is grounds
26    for  disciplinary  action,  including  dismissal,  unless the
27    failure is based on  the  attorney-client  privilege  or  any
28    other privilege or right recognized by law.
29        Nothing  in  this  Section  limits  a  person's  right to
30    protection  against  self-incrimination   under   the   Fifth
31    Amendment  of  the  United  States Constitution or Article I,
 
                            -52-     LRB093 10272 JAM 19612 a
 1    Section 10, of the Constitution of the State of Illinois.

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

14        (93 HB3412enr. Sec. 25-85 new)
15        Sec.  25-85. Quarterly reports. The Legislative Inspector
16    General  shall  submit  quarterly  reports  to  the   General
17    Assembly  and  the  Legislative  Ethics  Commission, on dates
18    determined by the 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; and
27             (5)  the number of  actions  filed  since  the  last
28        report  and  the  number  of  actions  pending before the
29        Commission as of the reporting date.

30        (93 HB3412enr. Sec. 25-90 new)
31        Sec. 25-90. Confidentiality.
 
                            -53-     LRB093 10272 JAM 19612 a
 1        (a)  The identity of any individual providing information
 2    or reporting  any  possible  or  alleged  misconduct  to  the
 3    Legislative  Inspector  General  or  the  Legislative  Ethics
 4    Commission   shall  be  kept  confidential  and  may  not  be
 5    disclosed without the consent of that individual, unless  the
 6    individual  consents  to  disclosure  of  his  or her name or
 7    disclosure of the individual's identity is otherwise required
 8    by law. The confidentiality granted by this  subsection  does
 9    not  preclude  the  disclosure of the identity of a person in
10    any capacity other than as the source of an allegation.
11        (b)  Commissioners,  employees,   and   agents   of   the
12    Legislative  Ethics  Commission,  the  Legislative  Inspector
13    General,  and  employees  and  agents  of  the  Office of the
14    Legislative Inspector General  shall  keep  confidential  and
15    shall not disclose information exempted from disclosure under
16    the Freedom of Information Act or by this Act.

17        (93 HB3412enr. Sec. 25-95 new)
18        Sec. 25-95. Exemptions.
19        (a)  Documents  generated by an ethics officer under this
20    Act  are  exempt  from  the  provisions  of  the  Freedom  of
21    Information Act.
22        (b)  Any allegations and related documents  submitted  to
23    the  Legislative  Inspector  General  and  any  pleadings and
24    related  documents  brought  before  the  Legislative  Ethics
25    Commission are exempt from the provisions of the  Freedom  of
26    Information  Act so long as the Legislative Ethics Commission
27    does not make a finding of a violation of this  Act.  If  the
28    Legislative  Ethics  Commission  finds  that  a violation has
29    occurred,  the  entire  record  of  proceedings  before   the
30    Commission,   the   decision   and  recommendation,  and  the
31    mandatory  report  from   the   agency   head   or   ultimate
32    jurisdictional authority to the Legislative Ethics Commission
33    are  not  exempt  from  the  provisions  of  the  Freedom  of
 
                            -54-     LRB093 10272 JAM 19612 a
 1    Information  Act  but  information  contained therein that is
 2    exempt from the Freedom of Information Act must  be  redacted
 3    before  disclosure as provided in Section 8 of the Freedom of
 4    Information Act.
 5        (c)  Meetings of the Commission under Sections  25-5  and
 6    25-15  of this Act are exempt from the provisions of the Open
 7    Meetings Act.
 8        (d)  Unless  otherwise  provided   in   this   Act,   all
 9    investigatory   files  and  reports  of  the  Office  of  the
10    Legislative Inspector General, other than annual reports, are
11    confidential, are exempt from disclosure under the Freedom of
12    Information Act, and shall not be divulged to any  person  or
13    agency,  except  as  necessary  (i)  to  the  appropriate law
14    enforcement authority if the matter is referred  pursuant  to
15    this  Act,  (ii)  to  the ultimate jurisdiction authority, or
16    (iii) to the Legislative Ethics Commission.

17        (93 HB3412enr. Art. 30 heading new)
18                             ARTICLE 30
19                           AUDITOR GENERAL

20        (93 HB3412enr. Sec. 30-5 new)
21        Sec. 30-5.  Appointment of Inspector General.
22        (a)  The  Auditor  General  shall  appoint  an  Inspector
23    General (i)  to  investigate  allegations  of  violations  of
24    Articles  5  and 10 by State officers and employees under his
25    or her jurisdiction and (ii)  to  perform  other  duties  and
26    exercise  other  powers assigned to the Inspectors General by
27    this or  any  other  Act.  The  Inspector  General  shall  be
28    appointed  within  6  months after the effective date of this
29    Act.
30        (b)  The Auditor General shall provide by  rule  for  the
31    operation of his or her Inspector General.
32        (c)  The   Auditor   General   may  appoint  an  existing
 
                            -55-     LRB093 10272 JAM 19612 a
 1    inspector general as the Inspector General required  by  this
 2    Article,  provided  that  such  an  inspector  general is not
 3    prohibited by  law,  rule,  jurisdiction,  qualification,  or
 4    interest  from  serving  as the Inspector General required by
 5    this Article.
 6        The Auditor General may not appoint  a  relative  as  the
 7    Inspector General required by this Article.

 8        (93 HB3412enr. Sec. 30-10 new)
 9        Sec.  30-10.  Ethics  Officer.  The Auditor General shall
10    designate an Ethics Officer for the  office  of  the  Auditor
11    General. The ethics officer shall:
12             (1)  act  as  liaison  between  the  Office  of  the
13        Auditor General and the Inspector General appointed under
14        this Article;
15             (2)  review  statements  of  economic  interest  and
16        disclosure  forms  of  officers,  senior  employees,  and
17        contract   monitors   before  they  are  filed  with  the
18        Secretary of State; and
19             (3)  provide guidance to officers and  employees  in
20        the  interpretation  and implementation of this Act. Such
21        guidance shall be based, whenever  possible,  upon  legal
22        precedent in court decisions and opinions of the Attorney
23        General.

24                             ARTICLE 35
25        OTHER INSPECTORS GENERAL WITHIN THE EXECUTIVE BRANCH

26        Section  35-5. Appointment of Inspectors General. Nothing
27    in this Act precludes the appointment by  the  Governor,  the
28    Lieutenant  Governor,  the Attorney General, the Secretary of
29    State, the Comptroller, or the  Treasurer  of  any  inspector
30    general  required  or  permitted  by law. Nothing in this Act
31    precludes the Governor, the Attorney General,  the  Secretary
32    of  State,  the Comptroller, or the Treasurer from appointing
 
                            -56-     LRB093 10272 JAM 19612 a
 1    an existing inspector general under his or  her  jurisdiction
 2    to  serve  simultaneously  as an Executive Inspector General.
 3    This Act shall be read consistently with all  existing  State
 4    statutes   that   create   inspectors   general   under   the
 5    jurisdiction of an executive branch constitutional officer.

 6        (93 HB3412enr. Art. 50, Sec. 50-5)
 7        Sec. 50-5.  Penalties.
 8        (a)  A  person is guilty of a Class A misdemeanor if that
 9    person intentionally violates any provision of Section  5-15,
10    5-30, 5-40, or 5-45 or Article 15.
11        (b)  A person who intentionally violates any provision of
12    Section  5-20,  5-35, or 5-50 is guilty of a business offense
13    subject to a fine of at least $1,001 and up to $5,000.
14        (c)  A person who intentionally violates any provision of
15    Article 10 is guilty of a business offense and subject  to  a
16    fine of at least $1,001 and up to $5,000.
17        (d)  Any  person  who  intentionally makes a false report
18    alleging a violation of any  provision  of  this  Act  to  an
19    ethics  commission, an inspector general, the State Police, a
20    State's Attorney, the Attorney  General,  or  any  other  law
21    enforcement official is guilty of a Class A misdemeanor.
22        (e)  An ethics commission may levy an administrative fine
23    of up to $5,000 against any person who violates this Act, who
24    intentionally  obstructs  or interferes with an investigation
25    conducted under this Act by  an  inspector  general,  or  who
26    intentionally  makes  a  false  or  frivolous allegation of a
27    violation of this Act.
28        (f)  In addition to any other  penalty  that  may  apply,
29    whether criminal or civil, a State employee who intentionally
30    violates  any  provision  of  Section 5-15, 5-20, 5-30, 5-35,
31    5-40, or 5-50, Article 10, Article 15, or  Section  20-90  or
32    25-90   is   subject   to  discipline  or  discharge  by  the
33    appropriate ultimate jurisdictional authority.
 
                            -57-     LRB093 10272 JAM 19612 a
 1        Penalties.
 2        (a)  A person is guilty of a Class A misdemeanor if  that
 3    person  intentionally violates any provision of Section 5-15,
 4    5-30, 5-40, or 5-45 or Article 15.
 5        (b)  A person who intentionally violates any provision of
 6    Section 5-20 or Section 5-35 is guilty of a business  offense
 7    subject to a fine of at least $1,001 and up to $5,000.
 8        (c)  In  addition  to  any  other penalty that may apply,
 9    whether criminal or civil, a director,  a  supervisor,  or  a
10    State  employee  who  intentionally violates any provision of
11    Section 5-15, 5-20, 5-30, 5-35, or  5-40  or  Article  15  is
12    subject   to  discipline  or  discharge  by  the  appropriate
13    ultimate jurisdictional authority.
14    (Source: 93HB3412enr.)

15        (93 HB3412enr. Art. 70, Sec. 70-5)
16        Sec. 70-5. Adoption by governmental entities.
17        (a)  Within 6 months after the  effective  date  of  this
18    Act,  each  governmental  entity  shall adopt an ordinance or
19    resolution that regulates, in a manner  no  less  restrictive
20    than  Section  5-15  and  Article  10  of  this  Act, (i) the
21    political  activities  of  officers  and  employees  of   the
22    governmental  entity and (ii) the soliciting and accepting of
23    gifts by and the offering and making of gifts to officers and
24    employees of the governmental entity.
25        (b)  The Attorney General shall develop model  ordinances
26    and  resolutions  for  the  purpose of this Article and shall
27    advise governmental entities on their contents and adoption.
28        (c)  As used in this Article, (i) an "officer"  means  an
29    elected  or  appointed  official;  regardless  of whether the
30    official is compensated,  and  (ii)  an  "employee"  means  a
31    full-time, part-time, or contractual employee.
32    (Source: 93HB3412enr.)
 
                            -58-     LRB093 10272 JAM 19612 a
 1        (93 HB3412enr. Art. 70, Sec. 70-15)
 2        Sec.  70-15.  Home  rule  preemption.  This  Article is a
 3    denial and limitation of home rule powers  and  functions  in
 4    accordance with subsection (i) of Section 6 of Article VII of
 5    the  Illinois Constitution. A home rule unit may not regulate
 6    the political activities of its officers  and  employees  and
 7    the soliciting, offering, accepting, and making of gifts in a
 8    manner  less  restrictive than the provisions of Section 70-5
 9    this Act.
10    (Source: 93HB3412enr.)

11        Section 55.  If and only if House Bill 3412 as passed  by
12    the  93rd  General  Assembly  becomes  law by override of the
13    Governor's  amendatory  veto,  the  Illinois   Administrative
14    Procedure  Act  is  amended  by  changing  Section  5-165  as
15    follows:

16        (5 ILCS 100/5-165)
17        Sec. 5-165. Ex parte communications in rulemaking.
18        (a)  Notwithstanding   any  law  to  the  contrary,  this
19    Section applies to ex parte communications  made  during  the
20    rulemaking process.
21        (b)  "Ex  parte  communication" means any written or oral
22    communication by any agent  of  the  Governor  or  any  other
23    person   required   to   be  registered  under  the  Lobbyist
24    Registration Act to an agency,  agency  head,  administrative
25    law  judge,  or  other  agency employee during the rulemaking
26    period  that  imparts  material   information   or   argument
27    regarding  potential  action  concerning an agency's general,
28    emergency, or peremptory rulemaking under this Act  and  that
29    is  communicated  to that agency, the head of that agency, or
30    any other employee of  that  agency.  For  purposes  of  this
31    Section,  the  rulemaking period begins upon the commencement
32    of the first notice period with respect to general rulemaking
 
                            -59-     LRB093 10272 JAM 19612 a
 1    under Section 5-40, upon the filing of a notice of  emergency
 2    rulemaking under Section 5-45, or upon the filing of a notice
 3    of  rulemaking  with  respect  to peremptory rulemaking under
 4    Section 5-50. "Ex parte communication" does not  include  the
 5    following:  (i)  statements  by  a  person publicly made in a
 6    public forum; (ii) statements regarding matters of  procedure
 7    and  practice,  such  as  the  format of public comments, the
 8    number  of  copies  required,  the  manner  of  filing   such
 9    comments,  and  the  status  of  a rulemaking proceeding; and
10    (iii) statements made by a State official or  State  employee
11    of  that  agency to the agency head or other employee of that
12    agency.
13        (c)  An ex parte communication received  by  any  agency,
14    agency  head, or other agency employee, or administrative law
15    judge shall promptly be made a part  of  the  record  of  the
16    rulemaking  proceeding  and shall be filed with the Executive
17    Ethics Commission, including all written communications,  all
18    written  responses  to  the  communications, and a memorandum
19    stating the nature and substance of all oral  communications,
20    and  all responses made, and the identity of each person from
21    whom the written or oral ex parte communication was received,
22    the individual or entity  represented  by  that  person,  any
23    action  the  person  requested  or recommended, and any other
24    pertinent information.  The disclosure shall also contain the
25    date of any ex parte communication.
26    (Source: 93 HB3412enr.)

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

31        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
32        Sec. 1.02.  For the purposes of this Act:
 
                            -60-     LRB093 10272 JAM 19612 a
 1        "Meeting"  means  any gathering of a majority of a quorum
 2    of the members of a public  body  held  for  the  purpose  of
 3    discussing public business.
 4        "Public   body"   includes  all  legislative,  executive,
 5    administrative or advisory bodies  of  the  State,  counties,
 6    townships,   cities,  villages,  incorporated  towns,  school
 7    districts  and  all  other  municipal  corporations,  boards,
 8    bureaus, committees or commissions of  this  State,  and  any
 9    subsidiary  bodies  of any of the foregoing including but not
10    limited to committees and subcommittees which  are  supported
11    in  whole  or  in  part  by  tax revenue, or which expend tax
12    revenue,  except  the  General  Assembly  and  committees  or
13    commissions thereof. "Public body"  includes  tourism  boards
14    and  convention  or  civic  center boards located in counties
15    that are contiguous to the Mississippi River with populations
16    of more than 250,000 but less than  300,000.   "Public  body"
17    includes the Health Facilities Planning Board.  "Public body"
18    does  not  include  a child death review team or the Illinois
19    Child Death Review Teams Executive Council established  under
20    the  Child  Death  Review  Team  Act or an ethics commission,
21    ethics officer, or ultimate jurisdictional  authority  acting
22    under the State Officials and Employees Ethics Act State Gift
23    Ban Act as provided by Section 80 of that Act.
24    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

25        Section  70.  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 Freedom of Information Act is
28    amended by changing Section 7 as follows:

29        (5 ILCS 140/7) (from Ch. 116, par. 207)
30        Sec. 7.  Exemptions.
31        (1)  The  following  shall  be exempt from inspection and
32    copying:
 
                            -61-     LRB093 10272 JAM 19612 a
 1             (a)  Information   specifically   prohibited    from
 2        disclosure   by   federal  or  State  law  or  rules  and
 3        regulations adopted under federal or State law.
 4             (b)  Information   that,   if    disclosed,    would
 5        constitute  a  clearly  unwarranted  invasion of personal
 6        privacy, unless the disclosure is consented to in writing
 7        by the  individual  subjects  of  the  information.   The
 8        disclosure of information that bears on the public duties
 9        of public employees and officials shall not be considered
10        an  invasion  of  personal privacy.  Information exempted
11        under this  subsection  (b)  shall  include  but  is  not
12        limited to:
13                  (i)  files  and personal information maintained
14             with  respect  to  clients,   patients,   residents,
15             students  or  other  individuals  receiving  social,
16             medical,    educational,    vocational,   financial,
17             supervisory or custodial care or  services  directly
18             or   indirectly  from  federal  agencies  or  public
19             bodies;
20                  (ii)  personnel files and personal  information
21             maintained  with respect to employees, appointees or
22             elected officials of any public body  or  applicants
23             for those positions;
24                  (iii)  files     and    personal    information
25             maintained with respect to any applicant, registrant
26             or licensee by any public body cooperating  with  or
27             engaged     in    professional    or    occupational
28             registration, licensure or discipline;
29                  (iv)  information required of any  taxpayer  in
30             connection  with the assessment or collection of any
31             tax unless disclosure is otherwise required by State
32             statute; and
33                  (v)  information  revealing  the  identity   of
34             persons   who   file   complaints  with  or  provide
 
                            -62-     LRB093 10272 JAM 19612 a
 1             information to  administrative,  investigative,  law
 2             enforcement  or  penal  agencies; provided, however,
 3             that  identification   of   witnesses   to   traffic
 4             accidents,  traffic  accident  reports,  and  rescue
 5             reports   may  be  provided  by  agencies  of  local
 6             government, except in a case for  which  a  criminal
 7             investigation  is  ongoing,  without  constituting a
 8             clearly unwarranted  per  se  invasion  of  personal
 9             privacy under this subsection; and
10                  (vi)  the  names,  addresses, or other personal
11             information of participants and registrants in  park
12             district, forest preserve district, and conservation
13             district programs.
14             (c)  Records   compiled   by  any  public  body  for
15        administrative  enforcement  proceedings  and   any   law
16        enforcement  or  correctional  agency for law enforcement
17        purposes or for internal matters of a  public  body,  but
18        only to the extent that disclosure would:
19                  (i)  interfere  with  pending  or  actually and
20             reasonably contemplated law enforcement  proceedings
21             conducted  by  any  law  enforcement or correctional
22             agency;
23                  (ii)  interfere  with  pending   administrative
24             enforcement  proceedings  conducted  by  any  public
25             body;
26                  (iii)  deprive  a  person of a fair trial or an
27             impartial hearing;
28                  (iv)  unavoidably disclose the  identity  of  a
29             confidential   source  or  confidential  information
30             furnished only by the confidential source;
31                  (v)  disclose     unique     or     specialized
32             investigative techniques other than those  generally
33             used  and  known  or  disclose internal documents of
34             correctional   agencies   related   to    detection,
 
                            -63-     LRB093 10272 JAM 19612 a
 1             observation  or  investigation of incidents of crime
 2             or misconduct;
 3                  (vi)  constitute  an   invasion   of   personal
 4             privacy under subsection (b) of this Section;
 5                  (vii)  endanger  the life or physical safety of
 6             law enforcement personnel or any other person; or
 7                  (viii)  obstruct    an     ongoing     criminal
 8             investigation.
 9             (d)  Criminal  history record information maintained
10        by State or local criminal justice agencies,  except  the
11        following  which  shall be open for public inspection and
12        copying:
13                  (i)  chronologically     maintained      arrest
14             information,  such  as  traditional  arrest  logs or
15             blotters;
16                  (ii)  the name of a person in the custody of  a
17             law  enforcement  agency  and  the charges for which
18             that person is being held;
19                  (iii)  court records that are public;
20                  (iv)  records  that  are  otherwise   available
21             under State or local law; or
22                  (v)  records  in  which the requesting party is
23             the individual identified, except as provided  under
24             part  (vii)  of  paragraph  (c) of subsection (1) of
25             this Section.
26             "Criminal history  record  information"  means  data
27        identifiable   to   an   individual   and  consisting  of
28        descriptions  or  notations   of   arrests,   detentions,
29        indictments, informations, pre-trial proceedings, trials,
30        or  other formal events in the criminal justice system or
31        descriptions or notations of criminal charges  (including
32        criminal  violations  of  local municipal ordinances) and
33        the  nature  of  any   disposition   arising   therefrom,
34        including  sentencing, court or correctional supervision,
 
                            -64-     LRB093 10272 JAM 19612 a
 1        rehabilitation and release.  The term does not  apply  to
 2        statistical  records and reports in which individuals are
 3        not identified and from which their  identities  are  not
 4        ascertainable,  or  to  information  that is for criminal
 5        investigative or intelligence purposes.
 6             (e)  Records that relate to or affect  the  security
 7        of correctional institutions and detention facilities.
 8             (f)  Preliminary   drafts,  notes,  recommendations,
 9        memoranda  and  other  records  in  which  opinions   are
10        expressed,  or policies or actions are formulated, except
11        that a specific record or relevant portion  of  a  record
12        shall not be exempt when the record is publicly cited and
13        identified  by the head of the public body. The exemption
14        provided in this  paragraph  (f)  extends  to  all  those
15        records  of officers and agencies of the General Assembly
16        that pertain to the preparation of legislative documents.
17             (g)  Trade  secrets  and  commercial  or   financial
18        information  obtained from a person or business where the
19        trade secrets or information are proprietary,  privileged
20        or confidential, or where disclosure of the trade secrets
21        or  information may cause competitive harm, including all
22        information determined to be confidential  under  Section
23        4002  of  the Technology Advancement and Development Act.
24        Nothing  contained  in  this  paragraph  (g)   shall   be
25        construed to prevent a person or business from consenting
26        to disclosure.
27             (h)  Proposals  and bids for any contract, grant, or
28        agreement,  including  information  which  if   it   were
29        disclosed   would   frustrate   procurement  or  give  an
30        advantage  to  any  person  proposing  to  enter  into  a
31        contractor agreement with the body,  until  an  award  or
32        final  selection is made.  Information prepared by or for
33        the body in preparation of a bid  solicitation  shall  be
34        exempt until an award or final selection is made.
 
                            -65-     LRB093 10272 JAM 19612 a
 1             (i)  Valuable formulae, computer geographic systems,
 2        designs,  drawings and research data obtained or produced
 3        by any public body when disclosure  could  reasonably  be
 4        expected  to  produce  private  gain  or public loss. The
 5        exemption for "computer geographic systems"  provided  in
 6        this  paragraph  (i)  does not extend to requests made by
 7        news media as defined in Section 2 of this Act  when  the
 8        requested  information  is  not  otherwise exempt and the
 9        only purpose of the request is to access and  disseminate
10        information  regarding  the  health,  safety, welfare, or
11        legal rights of the general public.
12             (j)  Test  questions,   scoring   keys   and   other
13        examination   data   used   to   administer  an  academic
14        examination  or  determined  the  qualifications  of   an
15        applicant for a license or employment.
16             (k)  Architects'    plans,    engineers'   technical
17        submissions, and  other  construction  related  technical
18        documents  for  projects  not constructed or developed in
19        whole or in part with  public  funds  and  the  same  for
20        projects  constructed or developed with public funds, but
21        only to  the  extent  that  disclosure  would  compromise
22        security,  including  but  not limited to water treatment
23        facilities,   airport   facilities,    sport    stadiums,
24        convention  centers,  and all government owned, operated,
25        or occupied buildings.
26             (l)  Library   circulation   and    order    records
27        identifying library users with specific materials.
28             (m)  Minutes  of meetings of public bodies closed to
29        the public as provided in the Open Meetings Act until the
30        public body makes the minutes  available  to  the  public
31        under Section 2.06 of the Open Meetings Act.
32             (n)  Communications  between  a  public  body and an
33        attorney or auditor representing  the  public  body  that
34        would  not  be  subject  to  discovery in litigation, and
 
                            -66-     LRB093 10272 JAM 19612 a
 1        materials prepared or compiled by or for a public body in
 2        anticipation  of  a  criminal,  civil  or  administrative
 3        proceeding upon the request of an attorney  advising  the
 4        public  body,  and  materials  prepared  or compiled with
 5        respect to internal audits of public bodies.
 6             (o)  Information received by a primary or  secondary
 7        school,  college  or  university under its procedures for
 8        the evaluation  of  faculty  members  by  their  academic
 9        peers.
10             (p)  Administrative    or    technical   information
11        associated with  automated  data  processing  operations,
12        including   but   not   limited  to  software,  operating
13        protocols,  computer  program  abstracts,  file  layouts,
14        source  listings,  object  modules,  load  modules,  user
15        guides,  documentation  pertaining  to  all  logical  and
16        physical  design  of   computerized   systems,   employee
17        manuals,  and  any  other information that, if disclosed,
18        would jeopardize the security of the system or  its  data
19        or the security of materials exempt under this Section.
20             (q)  Documents  or  materials relating to collective
21        negotiating  matters  between  public  bodies  and  their
22        employees  or  representatives,  except  that  any  final
23        contract or agreement shall be subject to inspection  and
24        copying.
25             (r)  Drafts,  notes,  recommendations  and memoranda
26        pertaining to the financing and marketing transactions of
27        the public body. The records of ownership,  registration,
28        transfer, and exchange of municipal debt obligations, and
29        of   persons  to  whom  payment  with  respect  to  these
30        obligations is made.
31             (s)  The records, documents and information relating
32        to  real  estate  purchase   negotiations   until   those
33        negotiations have been completed or otherwise terminated.
34        With regard to a parcel involved in a pending or actually
 
                            -67-     LRB093 10272 JAM 19612 a
 1        and  reasonably  contemplated  eminent  domain proceeding
 2        under  Article  VII  of  the  Code  of  Civil  Procedure,
 3        records,  documents  and  information  relating  to  that
 4        parcel shall be exempt except as  may  be  allowed  under
 5        discovery  rules  adopted  by the Illinois Supreme Court.
 6        The records, documents and information relating to a real
 7        estate sale shall be exempt until a sale is consummated.
 8             (t)  Any and all proprietary information and records
 9        related to the operation  of  an  intergovernmental  risk
10        management  association or self-insurance pool or jointly
11        self-administered  health  and  accident  cooperative  or
12        pool.
13             (u)  Information    concerning    a     university's
14        adjudication   of   student   or  employee  grievance  or
15        disciplinary cases, to the extent that  disclosure  would
16        reveal  the  identity  of  the  student  or  employee and
17        information concerning any public body's adjudication  of
18        student  or  employee  grievances  or disciplinary cases,
19        except for the final outcome of the cases.
20             (v)  Course materials or research materials used  by
21        faculty members.
22             (w)  Information  related  solely  to  the  internal
23        personnel rules and practices of a public body.
24             (x)  Information   contained   in   or   related  to
25        examination, operating, or condition reports prepared by,
26        on behalf of, or for the use of a public body responsible
27        for  the   regulation   or   supervision   of   financial
28        institutions or insurance companies, unless disclosure is
29        otherwise required by State law.
30             (y)  Information   the   disclosure   of   which  is
31        restricted under Section 5-108 of  the  Public  Utilities
32        Act.
33             (z)  Manuals  or instruction to staff that relate to
34        establishment or collection of liability  for  any  State
 
                            -68-     LRB093 10272 JAM 19612 a
 1        tax  or that relate to investigations by a public body to
 2        determine violation of any criminal law.
 3             (aa)  Applications, related documents,  and  medical
 4        records    received    by    the    Experimental    Organ
 5        Transplantation   Procedures   Board   and  any  and  all
 6        documents or other records prepared by  the  Experimental
 7        Organ  Transplantation  Procedures  Board  or  its  staff
 8        relating to applications it has received.
 9             (bb)  Insurance  or  self  insurance  (including any
10        intergovernmental risk  management  association  or  self
11        insurance   pool)   claims,   loss   or  risk  management
12        information, records, data, advice or communications.
13             (cc)  Information and records held by the Department
14        of  Public  Health  and  its  authorized  representatives
15        relating  to  known  or  suspected  cases   of   sexually
16        transmissible  disease  or any information the disclosure
17        of  which  is  restricted  under  the  Illinois  Sexually
18        Transmissible Disease Control Act.
19             (dd)  Information  the  disclosure   of   which   is
20        exempted under Section 30 of the Radon Industry Licensing
21        Act.
22             (ee)  Firm  performance evaluations under Section 55
23        of the Architectural,  Engineering,  and  Land  Surveying
24        Qualifications Based Selection Act.
25             (ff)  Security  portions  of  system  safety program
26        plans, investigation reports, surveys, schedules,  lists,
27        data,  or information compiled, collected, or prepared by
28        or  for  the  Regional  Transportation  Authority   under
29        Section 2.11 of the Regional Transportation Authority Act
30        or  the  St.  Clair  County  Transit  District  under the
31        Bi-State Transit Safety Act.
32             (gg)  Information  the  disclosure   of   which   is
33        restricted  and exempted under Section 50 of the Illinois
34        Prepaid Tuition Act.
 
                            -69-     LRB093 10272 JAM 19612 a
 1             (hh)  Information  the  disclosure   of   which   is
 2        exempted  under  the State Officials and Employees Ethics
 3        Act Section 80 of the State Gift Ban Act.
 4             (ii)  Beginning July 1, 1999, information that would
 5        disclose or might lead to the  disclosure  of  secret  or
 6        confidential information, codes, algorithms, programs, or
 7        private  keys intended to be used to create electronic or
 8        digital signatures under the Electronic Commerce Security
 9        Act.
10             (jj)  Information contained  in  a  local  emergency
11        energy  plan  submitted  to  a municipality in accordance
12        with a local emergency  energy  plan  ordinance  that  is
13        adopted under Section 11-21.5-5 of the Illinois Municipal
14        Code.
15             (kk)  Information    and    data    concerning   the
16        distribution of surcharge moneys collected  and  remitted
17        by   wireless   carriers  under  the  Wireless  Emergency
18        Telephone Safety Act.
19             (ll)  Vulnerability assessments, security  measures,
20        and  response  policies  or  plans  that  are designed to
21        identify, prevent, or respond to potential attacks upon a
22        community's  population  or   systems,   facilities,   or
23        installations,  the destruction or contamination of which
24        would constitute a clear and present danger to the health
25        or safety of the community, but only to the  extent  that
26        disclosure could reasonably be expected to jeopardize the
27        effectiveness  of  the  measures  or  the  safety  of the
28        personnel who implement them or the public.   Information
29        exempt under this item may include such things as details
30        pertaining to the mobilization or deployment of personnel
31        or  equipment,  to the operation of communication systems
32        or protocols, or to tactical operations.
33             (mm)  Maps and other records regarding the  location
34        or  security  of  a  utility's  generation, transmission,
 
                            -70-     LRB093 10272 JAM 19612 a
 1        distribution, storage, gathering, treatment, or switching
 2        facilities.
 3             (nn) (ll)  Law  enforcement  officer  identification
 4        information or driver identification information compiled
 5        by  a  law  enforcement  agency  or  the  Department   of
 6        Transportation  under  Section  11-212  of  the  Illinois
 7        Vehicle Code.
 8             (oo) (ll)  Records  and  information  provided  to a
 9        residential health care facility resident sexual  assault
10        and  death  review  team  or  the Residential Health Care
11        Facility Resident Sexual Assault and Death  Review  Teams
12        Executive  Council  under  the  Residential  Health  Care
13        Facility  Resident  Sexual  Assault and Death Review Team
14        Act.
15        (2)  This  Section  does  not  authorize  withholding  of
16    information or limit  the  availability  of  records  to  the
17    public,  except  as  stated  in  this  Section  or  otherwise
18    provided in this Act.
19    (Source:  P.A.  92-16,  eff.  6-28-01;  92-241,  eff. 8-3-01;
20    92-281, eff.  8-7-01;  92-645,  eff.  7-11-02;  92-651,  eff.
21    7-11-02;  93-43,  eff.  7-1-03; 93-209, eff. 7-18-03; 93-237,
22    eff. 7-22-03; 93-325,  eff.  7-23-03,  93-422,  eff.  8-5-03;
23    93-577, eff. 8-21-03; revised 9-8-03.)

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

28        (5 ILCS 315/3) (from Ch. 48, par. 1603)
29        Sec. 3.  Definitions.  As used in this  Act,  unless  the
30    context otherwise requires:
31        (a)  "Board" means the Illinois Labor Relations Board or,
32    with  respect  to a matter over which the jurisdiction of the
 
                            -71-     LRB093 10272 JAM 19612 a
 1    Board is assigned to the State Panel or the Local Panel under
 2    Section 5, the panel having jurisdiction over the matter.
 3        (b)  "Collective bargaining" means bargaining over  terms
 4    and  conditions  of  employment,  including hours, wages, and
 5    other conditions of employment, as detailed in Section 7  and
 6    which are not excluded by Section 4.
 7        (c)  "Confidential  employee"  means  an employee who, in
 8    the regular course of his or her duties, assists and acts  in
 9    a  confidential capacity to persons who formulate, determine,
10    and effectuate  management  policies  with  regard  to  labor
11    relations or who, in the regular course of his or her duties,
12    has   authorized   access  to  information  relating  to  the
13    effectuation  or  review   of   the   employer's   collective
14    bargaining policies.
15        (d)  "Craft  employees"  means skilled journeymen, crafts
16    persons, and their apprentices and helpers.
17        (e)  "Essential services employees"  means  those  public
18    employees   performing   functions   so  essential  that  the
19    interruption or termination of the function will constitute a
20    clear and present danger to the  health  and  safety  of  the
21    persons in the affected community.
22        (f)  "Exclusive  representative",  except with respect to
23    non-State fire  fighters  and  paramedics  employed  by  fire
24    departments  and  fire  protection districts, non-State peace
25    officers, and peace  officers  in  the  Department  of  State
26    Police,  means  the  labor  organization  that  has  been (i)
27    designated by the Board as the representative of  a  majority
28    of  public  employees  in  an  appropriate bargaining unit in
29    accordance with the procedures contained in  this  Act,  (ii)
30    historically  recognized  by  the  State  of  Illinois or any
31    political subdivision of the State before July 1,  1984  (the
32    effective  date  of this Act) as the exclusive representative
33    of the employees in an  appropriate  bargaining  unit,  (iii)
34    after   July  1,  1984  (the  effective  date  of  this  Act)
 
                            -72-     LRB093 10272 JAM 19612 a
 1    recognized by an employer upon evidence,  acceptable  to  the
 2    Board, that the labor organization has been designated as the
 3    exclusive representative by a majority of the employees in an
 4    appropriate  bargaining  unit;  or  (iv)  recognized  as  the
 5    exclusive  representative  of  personal  care  attendants  or
 6    personal assistants under Executive Order 2003-8 prior to the
 7    effective  date  of  this  amendatory Act of the 93rd General
 8    Assembly, and the organization shall be considered to be  the
 9    exclusive  representative  of the personal care attendants or
10    personal assistants as defined in this Section.
11        With respect to non-State fire  fighters  and  paramedics
12    employed  by  fire departments and fire protection districts,
13    non-State  peace  officers,  and  peace   officers   in   the
14    Department  of State Police, "exclusive representative" means
15    the labor organization that has been (i)  designated  by  the
16    Board  as  the representative of a majority of peace officers
17    or  fire  fighters  in  an  appropriate  bargaining  unit  in
18    accordance with the procedures contained in  this  Act,  (ii)
19    historically  recognized  by  the  State  of  Illinois or any
20    political subdivision of the State  before  January  1,  1986
21    (the  effective  date  of this amendatory Act of 1985) as the
22    exclusive representative by a majority of the peace  officers
23    or  fire fighters in an appropriate bargaining unit, or (iii)
24    after January 1, 1986 (the effective date of this  amendatory
25    Act  of  1985)  recognized  by  an  employer  upon  evidence,
26    acceptable to the Board, that the labor organization has been
27    designated  as  the exclusive representative by a majority of
28    the  peace  officers  or  fire  fighters  in  an  appropriate
29    bargaining unit.
30        (g)  "Fair share agreement" means  an  agreement  between
31    the  employer and an employee organization under which all or
32    any of the employees in  a  collective  bargaining  unit  are
33    required to pay their proportionate share of the costs of the
34    collective  bargaining  process, contract administration, and
 
                            -73-     LRB093 10272 JAM 19612 a
 1    pursuing matters affecting wages, hours, and other conditions
 2    of employment, but not to exceed the amount of dues uniformly
 3    required of members. The amount certified  by  the  exclusive
 4    representative  shall  not include any fees for contributions
 5    related to the election  or  support  of  any  candidate  for
 6    political  office.  Nothing  in  this  subsection  (g)  shall
 7    preclude   an   employee   from  making  voluntary  political
 8    contributions in conjunction  with  his  or  her  fair  share
 9    payment.
10        (g-1)  "Fire fighter" means, for the purposes of this Act
11    only,  any person who has been or is hereafter appointed to a
12    fire department or fire protection district or employed by  a
13    state  university  and  sworn or commissioned to perform fire
14    fighter duties or paramedic duties, except that the following
15    persons are not included: part-time fire fighters, auxiliary,
16    reserve or voluntary fire fighters,  including  paid  on-call
17    fire  fighters,  clerks  and  dispatchers  or  other civilian
18    employees of a fire department or  fire  protection  district
19    who  are  not  routinely  expected  to  perform  fire fighter
20    duties, or elected officials.
21        (g-2)  "General Assembly of the State of Illinois"  means
22    the  legislative  branch  of  the  government of the State of
23    Illinois,  as  provided  for  under   Article   IV   of   the
24    Constitution  of  the  State of Illinois, and includes but is
25    not limited to the House of Representatives, the Senate,  the
26    Speaker  of the House of Representatives, the Minority Leader
27    of the House of Representatives, the President of the Senate,
28    the Minority Leader of the Senate,  the  Joint  Committee  on
29    Legislative  Support  Services  and  any  legislative support
30    services  agency  listed  in   the   Legislative   Commission
31    Reorganization Act of 1984.
32        (h)  "Governing  body"  means,  in the case of the State,
33    the State Panel of the Illinois Labor  Relations  Board,  the
34    Director  of  the  Department of Central Management Services,
 
                            -74-     LRB093 10272 JAM 19612 a
 1    and the Director of the Department of Labor; the county board
 2    in the case of a county; the  corporate  authorities  in  the
 3    case  of  a municipality; and the appropriate body authorized
 4    to provide for expenditures of its funds in the case  of  any
 5    other unit of government.
 6        (i)  "Labor organization" means any organization in which
 7    public employees participate and that exists for the purpose,
 8    in  whole  or  in  part,  of  dealing  with a public employer
 9    concerning wages, hours, and other terms  and  conditions  of
10    employment, including the settlement of grievances.
11        (j)  "Managerial  employee"  means  an  individual who is
12    engaged predominantly in executive and  management  functions
13    and  is  charged  with  the  responsibility  of directing the
14    effectuation of management policies and practices.
15        (k)  "Peace officer" means, for the purposes of this  Act
16    only, any persons who have been or are hereafter appointed to
17    a   police   force,   department,  or  agency  and  sworn  or
18    commissioned  to  perform  police  duties,  except  that  the
19    following  persons  are  not   included:   part-time   police
20    officers,   special  police  officers,  auxiliary  police  as
21    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
22    night watchmen, "merchant police", court security officers as
23    defined  by  Section 3-6012.1 of the Counties Code, temporary
24    employees, traffic guards or wardens, civilian parking  meter
25    and   parking   facilities  personnel  or  other  individuals
26    specially appointed to aid  or  direct  traffic  at  or  near
27    schools  or  public  functions  or to aid in civil defense or
28    disaster,  parking  enforcement   employees   who   are   not
29    commissioned  as peace officers and who are not armed and who
30    are not routinely expected to  effect  arrests,  parking  lot
31    attendants,   clerks   and   dispatchers  or  other  civilian
32    employees of  a  police  department  who  are  not  routinely
33    expected to effect arrests, or elected officials.
34        (l)  "Person"  includes  one  or  more individuals, labor
 
                            -75-     LRB093 10272 JAM 19612 a
 1    organizations, public employees, associations,  corporations,
 2    legal  representatives,  trustees,  trustees  in  bankruptcy,
 3    receivers,   or  the  State  of  Illinois  or  any  political
 4    subdivision of the State or  governing  body,  but  does  not
 5    include  the General Assembly of the State of Illinois or any
 6    individual employed by the General Assembly of the  State  of
 7    Illinois.
 8        (m)  "Professional  employee"  means any employee engaged
 9    in work predominantly intellectual and  varied  in  character
10    rather  than  routine  mental, manual, mechanical or physical
11    work; involving the consistent  exercise  of  discretion  and
12    adjustment  in  its performance; of such a character that the
13    output  produced  or  the  result  accomplished   cannot   be
14    standardized  in  relation  to  a  given  period of time; and
15    requiring  advanced  knowledge  in  a  field  of  science  or
16    learning  customarily  acquired  by  a  prolonged  course  of
17    specialized  intellectual  instruction  and   study   in   an
18    institution   of   higher   learning   or   a   hospital,  as
19    distinguished from  a  general  academic  education  or  from
20    apprenticeship or from training in the performance of routine
21    mental,  manual,  or  physical processes; or any employee who
22    has  completed  the  courses  of   specialized   intellectual
23    instruction  and  study prescribed in this subsection (m) and
24    is  performing  related  work  under  the  supervision  of  a
25    professional person  to  qualify  to  become  a  professional
26    employee as defined in this subsection (m).
27        (n)  "Public employee" or "employee", for the purposes of
28    this Act, means any individual employed by a public employer,
29    including  interns  and residents at public hospitals and, as
30    of the effective date of this  amendatory  Act  of  the  93rd
31    General  Assembly,  but  not before, personal care attendants
32    and personal  assistants  working  under  the  Home  Services
33    Program   under   Section   3   of   the   Disabled   Persons
34    Rehabilitation  Act,  subject to the limitations set forth in
 
                            -76-     LRB093 10272 JAM 19612 a
 1    this Act and in the Disabled Persons Rehabilitation Act,  but
 2    excluding  all  of  the  following:  employees of the General
 3    Assembly  of  the  State  of  Illinois;  elected   officials;
 4    executive  heads  of  a  department;  members  of  boards  or
 5    commissions;  the  Executive  Inspectors General; any special
 6    Executive Inspectors General; employees of each Office of  an
 7    Executive  Inspector  General; commissioners and employees of
 8    the  Executive  Ethics  Commission;  the  Auditor   General's
 9    Inspector  General;  employees  of  the Office of the Auditor
10    General's  Inspector  General;  the   Legislative   Inspector
11    General;   any   special   Legislative   Inspectors  General;
12    employees of the Office of the Legislative Inspector General;
13    commissioners  and  employees  of  the   Legislative   Ethics
14    Commission;  employees  of  any  agency,  board or commission
15    created by this Act; employees appointed to  State  positions
16    of  a  temporary or emergency nature; all employees of school
17    districts   and   higher   education   institutions    except
18    firefighters   and   peace   officers  employed  by  a  state
19    university;  managerial  employees;   short-term   employees;
20    confidential    employees;   independent   contractors;   and
21    supervisors except as provided in this Act.
22        Personal care attendants and  personal  assistants  shall
23    not  be  considered  public  employees  for  any purposes not
24    specifically provided for in this amendatory Act of the  93rd
25    General  Assembly,  including but not limited to, purposes of
26    vicarious  liability  in  tort  and  purposes  of   statutory
27    retirement   or  health  insurance  benefits.  Personal  care
28    attendants and personal assistants shall not  be  covered  by
29    the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
30    375/).
31        Notwithstanding Section 9, subsection (c), or  any  other
32    provisions  of this Act, all peace officers above the rank of
33    captain  in   municipalities   with   more   than   1,000,000
34    inhabitants shall be excluded from this Act.
 
                            -77-     LRB093 10272 JAM 19612 a
 1        (o)  "Public  employer"  or "employer" means the State of
 2    Illinois; any political subdivision of  the  State,  unit  of
 3    local  government  or  school district; authorities including
 4    departments,  divisions,  bureaus,  boards,  commissions,  or
 5    other agencies of the  foregoing  entities;  and  any  person
 6    acting  within  the scope of his or her authority, express or
 7    implied, on behalf of those  entities  in  dealing  with  its
 8    employees. As of the effective date of this amendatory Act of
 9    the  93rd  General  Assembly,  but  not  before, the State of
10    Illinois shall be considered the  employer  of  the  personal
11    care  attendants  and  personal  assistants working under the
12    Home Services Program under Section 3 of the Disabled Persons
13    Rehabilitation Act, subject to the limitations set  forth  in
14    this  Act and in the Disabled Persons Rehabilitation Act. The
15    State shall not be considered to be the employer of  personal
16    care  attendants and personal assistants for any purposes not
17    specifically provided for in this amendatory Act of the  93rd
18    General  Assembly,  including but not limited to, purposes of
19    vicarious  liability  in  tort  and  purposes  of   statutory
20    retirement   or  health  insurance  benefits.  Personal  care
21    attendants and personal assistants shall not  be  covered  by
22    the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
23    375/). "Public employer" or "employer" as used in  this  Act,
24    however,  does  not  mean  and  shall not include the General
25    Assembly of the  State  of  Illinois,  the  Executive  Ethics
26    Commission,  the Offices of the Executive Inspectors General,
27    the  Legislative  Ethics  Commission,  the  Office   of   the
28    Legislative  Inspector  General,  the  Office  of the Auditor
29    General's Inspector General,  and  educational  employers  or
30    employers  as  defined  in  the  Illinois   Educational Labor
31    Relations Act, except with respect to a state  university  in
32    its  employment  of  firefighters and peace officers.  County
33    boards and county sheriffs shall be designated  as  joint  or
34    co-employers  of  county  peace  officers appointed under the
 
                            -78-     LRB093 10272 JAM 19612 a
 1    authority of a county sheriff.  Nothing  in  this  subsection
 2    (o)  shall  be  construed  to  prevent the State Panel or the
 3    Local Panel from determining  that  employers  are  joint  or
 4    co-employers.
 5        (p)  "Security   employee"   means  an  employee  who  is
 6    responsible for the supervision and  control  of  inmates  at
 7    correctional   facilities.   The  term  also  includes  other
 8    non-security  employees  in  bargaining  units   having   the
 9    majority  of  employees being responsible for the supervision
10    and control of inmates at correctional facilities.
11        (q)  "Short-term  employee"  means  an  employee  who  is
12    employed for less than 2 consecutive calendar quarters during
13    a calendar year and who does not have a reasonable  assurance
14    that  he  or she will be rehired by the same employer for the
15    same service in a subsequent calendar year.
16        (r)  "Supervisor" is an employee whose principal work  is
17    substantially  different from that of his or her subordinates
18    and who has authority, in the interest of  the  employer,  to
19    hire, transfer, suspend, lay off, recall, promote, discharge,
20    direct,  reward,  or  discipline  employees,  to adjust their
21    grievances, or to effectively recommend any of those actions,
22    if the exercise of that authority is not of a merely  routine
23    or  clerical  nature,  but  requires  the  consistent  use of
24    independent  judgment.  Except   with   respect   to   police
25    employment,   the   term  "supervisor"  includes  only  those
26    individuals who devote a preponderance  of  their  employment
27    time   to   exercising   that  authority,  State  supervisors
28    notwithstanding.  In  addition,  in  determining  supervisory
29    status in police employment, rank shall not be determinative.
30    The  Board  shall  consider,  as  evidence of bargaining unit
31    inclusion or exclusion, the common law  enforcement  policies
32    and   relationships   between   police   officer   ranks  and
33    certification under applicable civil service law, ordinances,
34    personnel codes,  or  Division  2.1  of  Article  10  of  the
 
                            -79-     LRB093 10272 JAM 19612 a
 1    Illinois  Municipal  Code, but these factors shall not be the
 2    sole or  predominant  factors  considered  by  the  Board  in
 3    determining police supervisory status.
 4        Notwithstanding   the   provisions   of   the   preceding
 5    paragraph,  in determining supervisory status in fire fighter
 6    employment, no fire fighter shall be excluded as a supervisor
 7    who has established representation rights under Section 9  of
 8    this  Act.   Further,  in  new  fire fighter units, employees
 9    shall consist of fire fighters of the rank of company officer
10    and below. If a company  officer  otherwise  qualifies  as  a
11    supervisor  under the preceding paragraph, however, he or she
12    shall not be included in the fire fighter unit.  If there  is
13    no  rank  between  that  of  chief  and  the  highest company
14    officer, the employer may designate a position on each  shift
15    as  a  Shift  Commander,  and  the  persons  occupying  those
16    positions  shall  be supervisors.  All other ranks above that
17    of company officer shall be supervisors.
18        (s) (1)  "Unit" means a class of jobs or  positions  that
19        are  held  by  employees  whose  collective interests may
20        suitably be  represented  by  a  labor  organization  for
21        collective  bargaining.  Except with respect to non-State
22        fire fighters and paramedics employed by fire departments
23        and fire protection districts, non-State peace  officers,
24        and  peace  officers in the Department of State Police, a
25        bargaining unit determined by the Board shall not include
26        both employees  and  supervisors,  or  supervisors  only,
27        except  as  provided  in paragraph (2) of this subsection
28        (s) and except for bargaining units in existence on  July
29        1,  1984  (the effective date of this Act).  With respect
30        to non-State fire fighters  and  paramedics  employed  by
31        fire departments and fire protection districts, non-State
32        peace  officers,  and peace officers in the Department of
33        State Police, a bargaining unit determined by  the  Board
34        shall not include both supervisors and nonsupervisors, or
 
                            -80-     LRB093 10272 JAM 19612 a
 1        supervisors  only, except as provided in paragraph (2) of
 2        this subsection (s) and except for  bargaining  units  in
 3        existence  on January 1, 1986 (the effective date of this
 4        amendatory Act of 1985).  A bargaining unit determined by
 5        the Board to contain  peace  officers  shall  contain  no
 6        employees  other  than  peace  officers  unless otherwise
 7        agreed to by the employer and the labor  organization  or
 8        labor  organizations involved.  Notwithstanding any other
 9        provision of this Act, a  bargaining  unit,  including  a
10        historical   bargaining   unit,  containing  sworn  peace
11        officers of the Department of Natural Resources (formerly
12        designated the Department of Conservation) shall  contain
13        no  employees  other  than such sworn peace officers upon
14        the effective date of this amendatory Act of 1990 or upon
15        the  expiration  date  of   any   collective   bargaining
16        agreement  in  effect  upon  the  effective  date of this
17        amendatory Act of 1990 covering  both  such  sworn  peace
18        officers and other employees.
19             (2)  Notwithstanding  the  exclusion  of supervisors
20        from bargaining units as provided  in  paragraph  (1)  of
21        this  subsection  (s),  a  public  employer  may agree to
22        permit its supervisory employees to form bargaining units
23        and may bargain with those units.  This Act  shall  apply
24        if  the  public  employer  chooses  to bargain under this
25        subsection.
26    (Source: P.A. 93-204, eff. 7-16-03.)

27        Section 77.  If and only if House Bill 3412 as passed  by
28    the  93rd  General  Assembly  becomes  law by override of the
29    Governor's    amendatory    veto,    the    State    Employee
30    Indemnification Act is  amended  by  changing  Section  1  as
31    follows:

32        (5 ILCS 350/1) (from Ch. 127, par. 1301)
 
                            -81-     LRB093 10272 JAM 19612 a
 1        Sec. 1.  Definitions.  For the purpose of this Act:
 2        (a)  The  term  "State"  means the State of Illinois, the
 3    General Assembly, the court, or any State office, department,
 4    division,  bureau,  board,  commission,  or  committee,   the
 5    governing   boards  of  the  public  institutions  of  higher
 6    education created by the State, the Illinois National  Guard,
 7    the  Comprehensive Health Insurance Board, any poison control
 8    center designated under the Poison Control  System  Act  that
 9    receives    State   funding,   or   any   other   agency   or
10    instrumentality of the State.  It does  not  mean  any  local
11    public entity as that term is defined in Section 1-206 of the
12    Local  Governmental  and Governmental Employees Tort Immunity
13    Act or a pension fund.
14        (b)  The term "employee"  means  any  present  or  former
15    elected  or  appointed  officer,  trustee  or employee of the
16    State,  or  of  a  pension  fund,  any  present   or   former
17    commissioner  or  employee of the Executive Ethics Commission
18    or of the  Legislative  Ethics  Commission,  any  present  or
19    former Executive, Legislative, or Auditor General's Inspector
20    General,  any  present  or former employee of an Office of an
21    Executive,  Legislative,  or  Auditor   General's   Inspector
22    General,  any  present  or  former  member  of  the  Illinois
23    National   Guard   while   on  active  duty,  individuals  or
24    organizations   who   contract   with   the   Department   of
25    Corrections, the Comprehensive Health Insurance Board, or the
26    Department  of  Veterans'  Affairs   to   provide   services,
27    individuals or organizations who contract with the Department
28    of  Human  Services (as successor to the Department of Mental
29    Health and Developmental Disabilities)  to  provide  services
30    including but not limited to treatment and other services for
31    sexually  violent  persons,  individuals or organizations who
32    contract with the Department of Military  Affairs  for  youth
33    programs,   individuals  or  organizations  who  contract  to
34    perform carnival and amusement ride  safety  inspections  for
 
                            -82-     LRB093 10272 JAM 19612 a
 1    the  Department  of  Labor,  individual representatives of or
 2    designated organizations authorized to represent  the  Office
 3    of  State  Long-Term  Ombudsman  for the Department on Aging,
 4    individual representatives of or organizations designated  by
 5    the Department on Aging in the performance of their duties as
 6    elder  abuse  provider  agencies  or  regional administrative
 7    agencies under the Elder Abuse and Neglect  Act,  individuals
 8    or organizations who perform volunteer services for the State
 9    where  such  volunteer  relationship  is  reduced to writing,
10    individuals who serve on any public entity  (whether  created
11    by  law  or administrative action) described in paragraph (a)
12    of this Section, individuals or not for profit  organizations
13    who,  either as volunteers, where such volunteer relationship
14    is reduced to  writing,  or  pursuant  to  contract,  furnish
15    professional   advice   or  consultation  to  any  agency  or
16    instrumentality of the State, individuals who serve as foster
17    parents for the Department of Children  and  Family  Services
18    when  caring for a Department ward, and individuals who serve
19    as arbitrators pursuant to Part 10A of Article II of the Code
20    of Civil  Procedure  and  the  rules  of  the  Supreme  Court
21    implementing  Part 10A, each as now or hereafter amended, but
22    does not mean an independent contractor except as provided in
23    this Section. The term includes an individual appointed as an
24    inspector by the Director of  State  Police  when  performing
25    duties  within  the scope of the activities of a Metropolitan
26    Enforcement  Group  or   a   law   enforcement   organization
27    established  under  the Intergovernmental Cooperation Act. An
28    individual who renders professional advice  and  consultation
29    to  the  State  through an organization which qualifies as an
30    "employee" under the  Act  is  also  an  employee.  The  term
31    includes   the   estate  or  personal  representative  of  an
32    employee.
33        (c)  The term "pension fund" means a retirement system or
34    pension fund created under the Illinois Pension Code.
 
                            -83-     LRB093 10272 JAM 19612 a
 1    (Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)

 2        (5 ILCS 395/Act rep.)
 3        Section 80.  If and only if House Bill 3412 as passed  by
 4    the  93rd  General  Assembly  becomes  law by override of the
 5    Governor's amendatory veto, the Whistle Blower Protection Act
 6    is repealed.

 7        (5 ILCS 425/Act rep.)
 8        Section 85.  If and only if House Bill 3412 as passed  by
 9    the  93rd  General  Assembly  becomes  law by override of the
10    Governor's  amendatory  veto,  the  State  Gift  Ban  Act  is
11    repealed.

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

16        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
17        Sec. 4c.  General exemptions.  The following positions in
18    State service shall be exempt from jurisdictions A, B, and C,
19    unless  the  jurisdictions  shall  be extended as provided in
20    this Act:
21             (1)  All officers elected by the people.
22             (2)  All positions under  the  Lieutenant  Governor,
23        Secretary  of  State, State Treasurer, State Comptroller,
24        State Board of Education, Clerk of the Supreme Court, and
25        Attorney General.
26             (3)  Judges,  and  officers  and  employees  of  the
27        courts, and notaries public.
28             (4)  All officers  and  employees  of  the  Illinois
29        General    Assembly,   all   employees   of   legislative
30        commissions, all officers and employees of  the  Illinois
 
                            -84-     LRB093 10272 JAM 19612 a
 1        Legislative  Reference  Bureau,  the Legislative Research
 2        Unit, and the Legislative Printing Unit.
 3             (5)  All positions in the  Illinois  National  Guard
 4        and  Illinois  State  Guard,  paid  from federal funds or
 5        positions  in  the  State   Military  Service  filled  by
 6        enlistment and paid from State funds.
 7             (6)  All employees of the Governor at the  executive
 8        mansion and on his immediate personal staff.
 9             (7)  Directors of Departments, the Adjutant General,
10        the  Assistant  Adjutant  General,  the  Director  of the
11        Illinois Emergency Management Agency, members  of  boards
12        and  commissions,   and  all other positions appointed by
13        the Governor by and with the consent of the Senate.
14             (8)  The presidents, other principal  administrative
15        officers,  and teaching, research and extension faculties
16        of Chicago State University, Eastern Illinois University,
17        Governors State University,  Illinois  State  University,
18        Northeastern   Illinois   University,  Northern  Illinois
19        University, Western  Illinois  University,  the  Illinois
20        Community  College  Board,  Southern Illinois University,
21        Illinois  Board  of  Higher  Education,   University   of
22        Illinois,   State   Universities  Civil  Service  System,
23        University  Retirement  System  of  Illinois,   and   the
24        administrative  officers  and  scientific  and  technical
25        staff of the Illinois State Museum.
26             (9)  All  other  employees  except  the  presidents,
27        other  principal  administrative  officers, and teaching,
28        research and  extension  faculties  of  the  universities
29        under  the  jurisdiction  of the Board of Regents and the
30        colleges and universities under the  jurisdiction of  the
31        Board  of  Governors  of State Colleges and Universities,
32        Illinois  Community  College  Board,  Southern   Illinois
33        University,  Illinois Board of Higher Education, Board of
34        Governors of State Colleges and Universities,  the  Board
 
                            -85-     LRB093 10272 JAM 19612 a
 1        of  Regents,  University  of Illinois, State Universities
 2        Civil Service System,  University  Retirement  System  of
 3        Illinois,  so long as these are subject to the provisions
 4        of the State Universities Civil Service Act.
 5             (10)  The State Police so long as they  are  subject
 6        to the merit provisions of the State Police Act.
 7             (11)  The  scientific  staff of the State Scientific
 8        Surveys and the Waste Management and Research Center.
 9             (12)  The technical and engineering  staffs  of  the
10        Department  of  Transportation, the Department of Nuclear
11        Safety, the Pollution Control  Board,  and  the  Illinois
12        Commerce  Commission,  and  the technical and engineering
13        staff providing architectural and engineering services in
14        the Department of Central Management Services.
15             (13)  All  employees  of  the  Illinois  State  Toll
16        Highway Authority.
17             (14)  The Secretary of the Industrial Commission.
18             (15)  All persons who are appointed or  employed  by
19        the Director of Insurance  under authority of Section 202
20        of the Illinois Insurance Code to assist the Director  of
21        Insurance in discharging his responsibilities relating to
22        the   rehabilitation,   liquidation,   conservation,  and
23        dissolution  of  companies  that  are  subject   to   the
24        jurisdiction of the Illinois  Insurance Code.
25             (16)  All  employees  of  the St. Louis Metropolitan
26        Area Airport Authority.
27             (17)  All  investment  officers  employed   by   the
28        Illinois State Board of Investment.
29             (18)  Employees   of   the   Illinois   Young  Adult
30        Conservation Corps program, administered by the  Illinois
31        Department of Natural Resources, authorized grantee under
32        Title  VIII  of the Comprehensive Employment and Training
33        Act of 1973, 29 USC 993.
34             (19)  Seasonal  employees  of  the   Department   of
 
                            -86-     LRB093 10272 JAM 19612 a
 1        Agriculture  for the operation of the Illinois State Fair
 2        and the DuQuoin State Fair, no one person receiving  more
 3        than 29 days of such employment in any calendar year.
 4             (20)  All  "temporary"  employees  hired  under  the
 5        Department  of  Natural  Resources' Illinois Conservation
 6        Service, a youth  employment  program  that  hires  young
 7        people to work in State parks for a period of one year or
 8        less.
 9             (21)  All  hearing  officers  of  the  Human  Rights
10        Commission.
11             (22)  All  employees of the Illinois Mathematics and
12        Science Academy.
13             (23)  All employees of  the  Kankakee  River  Valley
14        Area Airport Authority.
15             (24)  The   commissioners   and   employees  of  the
16        Executive Ethics Commission.
17             (25)  The Executive  Inspectors  General,  including
18        special  Executive  Inspectors  General, and employees of
19        each Office of an Executive Inspector General.
20             (26)  The  commissioners  and   employees   of   the
21        Legislative Ethics Commission.
22             (27)  The  Legislative  Inspector General, including
23        special Legislative Inspectors General, and employees  of
24        the Office of the Legislative Inspector General.
25             (28)  The  Auditor  General's  Inspector General and
26        employees  of  the  Office  of  the   Auditor   General's
27        Inspector General.
28    (Source:  P.A.  90-490,  eff.  8-17-97;  91-214, eff. 1-1-00;
29    91-357, eff. 7-29-99.)

30        Section 95.  If and only if House Bill 3412 as passed  by
31    the  93rd  General  Assembly  becomes  law by override of the
32    Governor's amendatory veto, the General Assembly Compensation
33    Act is amended by changing Section 4 as follows:
 
                            -87-     LRB093 10272 JAM 19612 a
 1        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
 2        Sec. 4.  Office allowance.  Beginning July 1, 2001,  each
 3    member  of  the  House  of  Representatives  is authorized to
 4    approve the expenditure of not more than $61,000 per year and
 5    each member of  the  Senate  is  authorized  to  approve  the
 6    expenditure  of  not  more  than  $73,000 per year to pay for
 7    "personal services", "contractual  services",  "commodities",
 8    "printing",  "travel",  "operation  of automotive equipment",
 9    "telecommunications  services",  as  defined  in  the   State
10    Finance  Act, and the compensation of one or more legislative
11    assistants authorized pursuant to this Section, in connection
12    with his or her legislative duties and not in connection with
13    any political campaign. On July 1, 2002 and on July 1 of each
14    year thereafter, the amount authorized per  year  under  this
15    Section  for each member of the Senate and each member of the
16    House of Representatives shall be increased by  a  percentage
17    increase  equivalent to the lesser of (i) the increase in the
18    designated cost of living index or (ii) 5%.   The  designated
19    cost  of  living  index is the index known as the "Employment
20    Cost Index, Wages and Salaries, By  Occupation  and  Industry
21    Groups:   State   and   Local   Government   Workers:  Public
22    Administration"  as  published  by  the   Bureau   of   Labor
23    Statistics  of  the U.S. Department of Labor for the calendar
24    year immediately preceding the year of  the  respective  July
25    1st  increase  date.  The increase shall be added to the then
26    current amount, and the adjusted amount so  determined  shall
27    be  the  annual  amount beginning July 1 of the increase year
28    until July 1 of  the  next  year.   No  increase  under  this
29    provision shall be less than zero.
30        A  member  may  purchase  office  equipment if the member
31    certifies to the Secretary of the Senate or the Clerk of  the
32    House,  as  applicable, that the purchase price, whether paid
33    in lump sum or installments, amounts to less  than  would  be
34    charged  for  renting  or  leasing  the  equipment  over  its
 
                            -88-     LRB093 10272 JAM 19612 a
 1    anticipated   useful   life.   All  such  equipment  must  be
 2    purchased through the Secretary of the Senate or the Clerk of
 3    the House,  as  applicable,  for  proper  identification  and
 4    verification of purchase.
 5        Each  member  of  the  General  Assembly is authorized to
 6    employ one or  more  legislative  assistants,  who  shall  be
 7    solely  under  the  direction and control of that member, for
 8    the purpose of assisting the member in the performance of his
 9    or her official  duties.   A  legislative  assistant  may  be
10    employed  pursuant  to  this Section as a full-time employee,
11    part-time  employee,  or   contractual   employee,   at   the
12    discretion of the member.  If employed as a State employee, a
13    legislative  assistant  shall  receive employment benefits on
14    the same terms and conditions that apply to  other  employees
15    of   the  General  Assembly.  Each  member  shall  adopt  and
16    implement personnel policies for legislative assistants under
17    his or her  direction  and  control  relating  to  work  time
18    requirements,  documentation  for reimbursement for travel on
19    official State business, compensation, and  the  earning  and
20    accrual  of  State  benefits for those legislative assistants
21    who may be eligible to receive those benefits.  The  policies
22    shall  also  require  legislative  assistants to periodically
23    submit time sheets documenting, in  quarter-hour  increments,
24    the  time  spent  each  day  on official State business.  The
25    policies shall require the time sheets  to  be  submitted  on
26    paper, electronically, or both and to be maintained in either
27    paper  or  electronic  format by the applicable fiscal office
28    for a period of at least 2 years. Contractual  employees  may
29    satisfy  the  time  sheets  requirement by complying with the
30    terms of their contract, which shall provide for a  means  of
31    compliance  with  this requirement.  A member may satisfy the
32    requirements of this paragraph by adopting  and  implementing
33    the   personnel   policies   promulgated   by  that  member's
34    legislative leader under the State  Officials  and  Employees
 
                            -89-     LRB093 10272 JAM 19612 a
 1    Ethics   Act   with  respect  to  that  member's  legislative
 2    assistants.
 3        As used in this  Section  the  term  "personal  services"
 4    shall  include  contributions  of the State under the Federal
 5    Insurance Contribution  Act  and  under  Article  14  of  the
 6    Illinois  Pension  Code.   As  used  in this Section the term
 7    "contractual services" shall not include improvements to real
 8    property unless those improvements are the obligation of  the
 9    lessee under the lease agreement.  Beginning July 1, 1989, as
10    used  in  the  Section, the term "travel" shall be limited to
11    travel in connection with a member's legislative  duties  and
12    not  in connection with any political campaign.  Beginning on
13    the effective date of this amendatory Act of the 93rd General
14    Assembly, as  used  in  this  Section,  the  term  "printing"
15    includes,  but  is  not  limited  to, newsletters, brochures,
16    certificates, congratulatory mailings,  greeting  or  welcome
17    messages,  anniversary or birthday cards, and congratulations
18    for prominent achievement cards.  As used  in  this  Section,
19    the   term   "printing"  includes  fees  for  non-substantive
20    resolutions  charged  by  the   Clerk   of   the   House   of
21    Representatives  under  subsection  (c-5) of Section 1 of the
22    Legislative Materials Act. No newsletter or brochure that  is
23    paid for, in whole or in part, with funds provided under this
24    Section  may  be  printed or mailed during a period beginning
25    February 1 of the year of  a  general  primary  election  and
26    ending  the day after the general primary election and during
27    a period beginning September 1  of  the  year  of  a  general
28    election  and  ending  the  day  after  the general election,
29    except that such a  newsletter  or  brochure  may  be  mailed
30    during  those  times  if  it  is  mailed  to a constituent in
31    response to that constituent's inquiry concerning  the  needs
32    of  that constituent or questions raised by that constituent.
33    Nothing in this  Section  shall  be  construed  to  authorize
34    expenditures  for  lodging  and  meals  while  a member is in
 
                            -90-     LRB093 10272 JAM 19612 a
 1    attendance at sessions of the General Assembly.
 2        Any utility bill  for  service  provided  to  a  member's
 3    district   office  for  a  period  including  portions  of  2
 4    consecutive fiscal years may be paid from funds  appropriated
 5    for such expenditure in either fiscal year.
 6        If   a  vacancy  occurs  in  the  office  of  Senator  or
 7    Representative in the General Assembly, any office  equipment
 8    in  the  possession  of the vacating member shall transfer to
 9    the member's successor; if the successor does not  want  such
10    equipment,  it  shall  be transferred to the Secretary of the
11    Senate or Clerk of the House of Representatives, as the  case
12    may  be,  and  if  not wanted by other members of the General
13    Assembly  then  to  the  Department  of  Central   Management
14    Services  for  treatment  as surplus property under the State
15    Property Control Act.  Each member, on or before June 30th of
16    each year,  shall  conduct  an  inventory  of  all  equipment
17    purchased  pursuant  to  this  Act.   Such inventory shall be
18    filed with the Secretary of the Senate or the  Clerk  of  the
19    House,  as  the  case may be.  Whenever a vacancy occurs, the
20    Secretary of the Senate or the Clerk of  the  House,  as  the
21    case   may  be,  shall  conduct  an  inventory  of  equipment
22    purchased.
23        In the event that a member leaves office  during  his  or
24    her  term,  any  unexpended  or  unobligated  portion  of the
25    allowance  granted  under  this  Section  shall  lapse.   The
26    vacating member's successor shall be granted an allowance  in
27    an  amount,  rounded  to  the  nearest  dollar,  computed  by
28    dividing  the  annual  allowance  by  365 and multiplying the
29    quotient by the number of days remaining in the fiscal year.
30        From any appropriation for the purposes of  this  Section
31    for  a  fiscal  year  which overlaps 2 General Assemblies, no
32    more than 1/2 of the annual allowance per member may be spent
33    or encumbered  by  any  member  of  either  the  outgoing  or
34    incoming  General  Assembly,  except  that  any member of the
 
                            -91-     LRB093 10272 JAM 19612 a
 1    incoming General Assembly who was a member  of  the  outgoing
 2    General  Assembly  may  encumber  or spend any portion of his
 3    annual allowance within the fiscal year.
 4        The appropriation for the annual allowances permitted  by
 5    this  Section  shall  be  included in an appropriation to the
 6    President of the Senate and to the Speaker of  the  House  of
 7    Representatives  for their respective members.  The President
 8    of the Senate and the Speaker of the House shall voucher  for
 9    payment  individual  members'  expenditures from their annual
10    office allowances to the State Comptroller,  subject  to  the
11    authority  of  the  Comptroller  under Section 9 of the State
12    Comptroller Act.
13    (Source: P.A. 90-569, eff. 1-28-98; 91-952, eff.  7-1-01;  93
14    HB3412enr.)

15        Section 100.  If and only if House Bill 3412 as passed by
16    the  93rd  General  Assembly  becomes  law by override of the
17    Governor's  amendatory  veto,  the   Legislative   Commission
18    Reorganization Act of 1984 is amended by adding Section 9-2.5
19    as follows:

20        (25 ILCS 130/9-2.5)
21        Sec.  9-2.5.  Newsletters and brochures.  The Legislative
22    Printing Unit may not print for any  member  of  the  General
23    Assembly  any  newsletters  or  brochures  during  the period
24    beginning February  1  of  the  year  of  a  general  primary
25    election  and  ending  the  day  after  the  general  primary
26    election  and  during  a  period beginning September 1 of the
27    year of a general election  and  ending  the  day  after  the
28    general  election.  A  member of the General Assembly may not
29    mail, during a period beginning February 1 of the year  of  a
30    general primary election and ending the day after the general
31    primary election and during a period beginning September 1 of
32    the  year  of a general election and ending the day after the
 
                            -92-     LRB093 10272 JAM 19612 a
 1    general election, any  newsletters  or  brochures  that  were
 2    printed,  at  any  time,  by  the  Legislative Printing Unit,
 3    except that such a  newsletter  or  brochure  may  be  mailed
 4    during  those  times  if  it  is  mailed  to a constituent in
 5    response to that constituent's inquiry concerning  the  needs
 6    of that constituent or questions raised by that constituent.
 7    (Source: 93 HB3412enr.)


 8        Section 115.  If and only if House Bill 3412 as passed by
 9    the  93rd  General  Assembly  becomes  law by override of the
10    Governor's amendatory veto, the Lobbyist Registration Act  is
11    amended by changing Section 5 as follows:

12        (25 ILCS 170/5) (from Ch. 63, par. 175)
13        (Text of Section amended by P.A. 93-32)
14        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
15    person  required  to  register under Section 3 shall each and
16    every year, or before any such  service  is  performed  which
17    requires  the  person to register, but in any event not later
18    than 2 business days after being employed or retained, and on
19    or before each January 31 and July 31 thereafter, file in the
20    Office  of  the  Secretary  of  State  a  written   statement
21    containing  the  following  information  with respect to each
22    person or entity employing or retaining the  person  required
23    to register:
24             (a)  The  registrant's  name, and permanent address,
25        e-mail address, if any,  fax  number,  if  any,  business
26        telephone   number,   and   temporary   address,  if  the
27        registrant has a temporary address while lobbying of  the
28        registrant.
29             (a-5)  If  the  registrant  is  an  organization  or
30        business   entity,   the   information   required   under
31        subsection  (a)  for  each  person  associated  with  the
 
                            -93-     LRB093 10272 JAM 19612 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.
 
                            -94-     LRB093 10272 JAM 19612 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 and, on an annual basis, a  picture  of  the
24    registrant.  Entities  required  to  register  under this Act
25    which are qualified under Section 501(c)(3) of  the  Internal
26    Revenue  Code shall remit a single, annual, and nonrefundable
27    $150 $100 registration fee. A  registrant  may,  in  lieu  of
28    submitting  a  picture  on  an  annual  basis,  authorize the
29    Secretary of State to use any photo identification  available
30    in  any  database  maintained  by  the Secretary of State for
31    other purposes. The increases in the fees from  $50  to  $100
32    and  from  $50  to  $300  by  this amendatory Act of the 93rd
33    General Assembly are in addition to any  other  fee  increase
34    enacted  by  the  93rd or any subsequent General Assembly. Of
 
                            -95-     LRB093 10272 JAM 19612 a
 1    each registration fee collected for registrations on or after
 2    July 1, 2003,  $50  shall  be  deposited  into  the  Lobbyist
 3    Registration   Administration  Fund  for  administration  and
 4    enforcement of this Act and  is  intended  to  implement  and
 5    maintain  electronic  filing  of  reports under this Act, any
 6    additional amount collected as a  result  of  any  other  fee
 7    increase  enacted  by  the  93rd  or  any  subsequent General
 8    Assembly shall be deposited into  the  Lobbyist  Registration
 9    Administration Fund for the purposes provided by law for that
10    fee  increase,  the  next  $100  shall  be deposited into the
11    Lobbyist Registration Administration Fund for  administration
12    and  enforcement  of  this  Act,  and  any  balance  shall be
13    deposited into the General Revenue Fund.
14    (Source: P.A. 93-32)

15        (Text of Section as amended by 93 HB3412enr.)
16        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
17    person required to register under Section 3 shall before  any
18    service  is  performed which requires the person to register,
19    but in any event not later than 2 business days  after  being
20    employed  or  retained,  and on or before each January 31 and
21    July 31 thereafter, file in the Office of  the  Secretary  of
22    State   a   written   statement   containing   the  following
23    information with respect to each person or  entity  employing
24    or retaining the person required to register:
25             (a)  The   registrant's   name,  permanent  address,
26        e-mail address, if any,  fax  number,  if  any,  business
27        telephone   number,   and   temporary   address,  if  the
28        registrant has a temporary address while lobbying.
29             (a-5)  If  the  registrant  is  an  organization  or
30        business   entity,   the   information   required   under
31        subsection  (a)  for  each  person  associated  with  the
32        registrant who will be lobbying,  regardless  of  whether
33        lobbying is a significant part of his or her duties.
 
                            -96-     LRB093 10272 JAM 19612 a
 1             (b)  The  name  and address of the person or persons
 2        employing  or  retaining  registrant  to   perform   such
 3        services or on whose behalf the registrant appears.
 4             (c)  A   brief   description   of   the   executive,
 5        legislative,  or  administrative  action  in reference to
 6        which such service is to be rendered.
 7             (c-5)  Each executive and legislative branch  agency
 8        the  registrant  expects to lobby during the registration
 9        period.
10             (c-6)  The  nature  of  the  client's  business,  by
11        indicating all of the following  categories  that  apply:
12        (1)  banking  and  financial services, (2) manufacturing,
13        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
14        insurance, (7) community interests, (8) labor, (9) public
15        relations or advertising, (10) marketing or  sales,  (11)
16        hospitality,   (12)   engineering,  (13)  information  or
17        technology products or services,  (14)  social  services,
18        (15) public utilities, (16) racing or wagering, (17) real
19        estate  or  construction,  (18)  telecommunications, (19)
20        trade  or  professional  association,  (20)   travel   or
21        tourism,  (21)  transportation,  and  (22) other (setting
22        forth the nature of that other business).
23        The registrant must file an amendment  to  the  statement
24    within  14  calendar days to report any substantial change or
25    addition to the information previously filed, except  that  a
26    registrant  must  file  an  amendment  to  the  statement  to
27    disclose  a  new  agreement  to  retain  the  registrant  for
28    lobbying  services  before  any  service  is  performed which
29    requires the person to register, but in any event  not  later
30    than  2  business  days  after  entering  into  the  retainer
31    agreement.
32        Not later than 12 months after the effective date of this
33    amendatory  Act  of  the  93rd  General  Assembly, or as soon
34    thereafter as the Secretary of State  has  provided  adequate
 
                            -97-     LRB093 10272 JAM 19612 a
 1    software  to the persons required to file, all statements and
 2    amendments to statements required to be filed shall be  filed
 3    electronically.  The  Secretary  of State shall promptly make
 4    all filed statements and amendments  to  statements  publicly
 5    available   by   means  of  a  searchable  database  that  is
 6    accessible through the World Wide Web. The Secretary of State
 7    shall provide all software  necessary  to  comply  with  this
 8    provision  to  all persons required to file. The Secretary of
 9    State shall implement a plan to provide computer  access  and
10    assistance to persons required to file electronically.
11        Persons required to register under this Act prior to July
12    1,  2003,  shall,  on an annual basis, remit a single, annual
13    and  nonrefundable  $50  $100  registration  fee.  All   fees
14    collected  for  registrations prior to July 1, 2003, shall be
15    deposited into the Lobbyist Registration Administration  Fund
16    for  administration  and  enforcement  of this Act. Beginning
17    July 1, 2003, all persons other than entities qualified under
18    Section 501(c)(3) of the Internal Revenue  Code  required  to
19    register  under  this  Act  shall remit a single, annual, and
20    nonrefundable $350 registration fee and, on an annual  basis,
21    a  picture  of  the registrant. Entities required to register
22    under this Act which are qualified under Section 501(c)(3) of
23    the Internal Revenue Code shall remit a single,  annual,  and
24    nonrefundable  $150  registration  fee  and  a picture of the
25    registrant. A registrant may, in lieu of submitting a picture
26    on an annual basis, authorize the Secretary of State  to  use
27    any photo identification available in any database maintained
28    by  the  Secretary  of  State  for  other  purposes.  Of each
29    registration fee collected for registrations on or after July
30    1, 2003, $50 All fees shall be deposited  into  the  Lobbyist
31    Registration   Administration  Fund  for  administration  and
32    enforcement of this Act and. The increase in the fee from $50
33    to $100 by this  amendatory  Act  and  of  the  93rd  General
34    Assembly  is  intended  to  be used to implement and maintain
 
                            -98-     LRB093 10272 JAM 19612 a
 1    electronic filing of reports under this Act,  the  next  $100
 2    shall   be   deposited   into   the   Lobbyist   Registration
 3    Administration  Fund  for  administration  and enforcement of
 4    this Act, and any balance shall be deposited into the General
 5    Revenue Fund. and is in addition to any  other  fee  increase
 6    enacted by the 93rd or any subsequent General Assembly.
 7    (Source: 93 HB3412enr.)

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

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

22        Section 999.  Effective date.  This Act takes effect upon
23    becoming law.".