HB1410 EngrossedLRB096 04896 RCE 14962 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 1-5 as follows:
 
6    (5 ILCS 430/1-5)
7    Sec. 1-5. Definitions. As used in this Act:
8    "Appointee" means a person appointed to a position in or
9with a State agency, regardless of whether the position is
10compensated.
11    "Campaign for elective office" means any activity in
12furtherance of an effort to influence the selection,
13nomination, election, or appointment of any individual to any
14federal, State, or local public office or office in a political
15organization, or the selection, nomination, or election of
16Presidential or Vice-Presidential electors, but does not
17include activities (i) relating to the support or opposition of
18any executive, legislative, or administrative action (as those
19terms are defined in Section 2 of the Lobbyist Registration
20Act), (ii) relating to collective bargaining, or (iii) that are
21otherwise in furtherance of the person's official State duties.
22    "Candidate" means a person who has filed nominating papers
23or petitions for nomination or election to an elected State

 

 

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1office, or who has been appointed to fill a vacancy in
2nomination, and who remains eligible for placement on the
3ballot at either a general primary election or general
4election.
5    "Collective bargaining" has the same meaning as that term
6is defined in Section 3 of the Illinois Public Labor Relations
7Act.
8    "Commission" means an ethics commission created by this
9Act.
10    "Compensated time" means any time worked by or credited to
11a State employee that counts toward any minimum work time
12requirement imposed as a condition of employment with a State
13agency, but does not include any designated State holidays or
14any period when the employee is on a leave of absence.
15    "Compensatory time off" means authorized time off earned by
16or awarded to a State employee to compensate in whole or in
17part for time worked in excess of the minimum work time
18required of that employee as a condition of employment with a
19State agency.
20    "Contribution" has the same meaning as that term is defined
21in Section 9-1.4 of the Election Code.
22    "Employee" means (i) any person employed full-time,
23part-time, or pursuant to a contract and whose employment
24duties are subject to the direction and control of an employer
25with regard to the material details of how the work is to be
26performed or (ii) any appointed or elected commissioner,

 

 

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1trustee, director, or board member of a board of a State
2agency, including any retirement system or investment board
3subject to the Illinois Pension Code or (iii) any other
4appointee.
5    "Employment benefits" include but are not limited to the
6following: modified compensation or benefit terms; compensated
7time off; or change of title, job duties, or location of office
8or employment. An employment benefit may also include favorable
9treatment in determining whether to bring any disciplinary or
10similar action or favorable treatment during the course of any
11disciplinary or similar action or other performance review.
12    "Executive branch constitutional officer" means the
13Governor, Lieutenant Governor, Attorney General, Secretary of
14State, Comptroller, and Treasurer.
15    "Gift" means any gratuity, discount, entertainment,
16hospitality, loan, forbearance, or other tangible or
17intangible item having monetary value including, but not
18limited to, cash, food and drink, and honoraria for speaking
19engagements related to or attributable to government
20employment or the official position of an employee, member, or
21officer. The value of a gift may be further defined by rules
22adopted by the appropriate ethics commission or by the Auditor
23General for the Auditor General and for employees of the office
24of the Auditor General.
25    "Governmental entity" means a unit of local government
26(including a community college district) or a school district

 

 

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1but not a State agency.
2    "Leave of absence" means any period during which a State
3employee does not receive (i) compensation for State
4employment, (ii) service credit towards State pension
5benefits, and (iii) health insurance benefits paid for by the
6State.
7    "Legislative branch constitutional officer" means a member
8of the General Assembly and the Auditor General.
9    "Legislative leader" means the President and Minority
10Leader of the Senate and the Speaker and Minority Leader of the
11House of Representatives.
12    "Member" means a member of the General Assembly.
13    "Officer" means an executive branch constitutional officer
14or a legislative branch constitutional officer.
15    "Political" means any activity in support of or in
16connection with any campaign for elective office or any
17political organization, but does not include activities (i)
18relating to the support or opposition of any executive,
19legislative, or administrative action (as those terms are
20defined in Section 2 of the Lobbyist Registration Act), (ii)
21relating to collective bargaining, or (iii) that are otherwise
22in furtherance of the person's official State duties or
23governmental and public service functions.
24    "Political organization" means a party, committee,
25association, fund, or other organization (whether or not
26incorporated) that is required to file a statement of

 

 

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1organization with the State Board of Elections or a county
2clerk under Section 9-3 of the Election Code, but only with
3regard to those activities that require filing with the State
4Board of Elections or a county clerk.
5    "Prohibited political activity" means:
6        (1) Preparing for, organizing, or participating in any
7    political meeting, political rally, political
8    demonstration, or other political event.
9        (2) Soliciting contributions, including but not
10    limited to the purchase of, selling, distributing, or
11    receiving payment for tickets for any political
12    fundraiser, political meeting, or other political event.
13        (3) Soliciting, planning the solicitation of, or
14    preparing any document or report regarding any thing of
15    value intended as a campaign contribution.
16        (4) Planning, conducting, or participating in a public
17    opinion poll in connection with a campaign for elective
18    office or on behalf of a political organization for
19    political purposes or for or against any referendum
20    question.
21        (5) Surveying or gathering information from potential
22    or actual voters in an election to determine probable vote
23    outcome in connection with a campaign for elective office
24    or on behalf of a political organization for political
25    purposes or for or against any referendum question.
26        (6) Assisting at the polls on election day on behalf of

 

 

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1    any political organization or candidate for elective
2    office or for or against any referendum question.
3        (7) Soliciting votes on behalf of a candidate for
4    elective office or a political organization or for or
5    against any referendum question or helping in an effort to
6    get voters to the polls.
7        (8) Initiating for circulation, preparing,
8    circulating, reviewing, or filing any petition on behalf of
9    a candidate for elective office or for or against any
10    referendum question.
11        (9) Making contributions on behalf of any candidate for
12    elective office in that capacity or in connection with a
13    campaign for elective office.
14        (10) Preparing or reviewing responses to candidate
15    questionnaires in connection with a campaign for elective
16    office or on behalf of a political organization for
17    political purposes.
18        (11) Distributing, preparing for distribution, or
19    mailing campaign literature, campaign signs, or other
20    campaign material on behalf of any candidate for elective
21    office or for or against any referendum question.
22        (12) Campaigning for any elective office or for or
23    against any referendum question.
24        (13) Managing or working on a campaign for elective
25    office or for or against any referendum question.
26        (14) Serving as a delegate, alternate, or proxy to a

 

 

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1    political party convention.
2        (15) Participating in any recount or challenge to the
3    outcome of any election, except to the extent that under
4    subsection (d) of Section 6 of Article IV of the Illinois
5    Constitution each house of the General Assembly shall judge
6    the elections, returns, and qualifications of its members.
7    "Prohibited source" means any person or entity who:
8        (1) is seeking official action (i) by the member or
9    officer or (ii) in the case of an employee, by the employee
10    or by the member, officer, State agency, or other employee
11    directing the employee;
12        (2) does business or seeks to do business (i) with the
13    member or officer or (ii) in the case of an employee, with
14    the employee or with the member, officer, State agency, or
15    other employee directing the employee;
16        (3) conducts activities regulated (i) by the member or
17    officer or (ii) in the case of an employee, by the employee
18    or by the member, officer, State agency, or other employee
19    directing the employee;
20        (4) has interests that may be substantially affected by
21    the performance or non-performance of the official duties
22    of the member, officer, or employee;
23        (5) is registered or required to be registered with the
24    Secretary of State under the Lobbyist Registration Act,
25    except that an entity not otherwise a prohibited source
26    does not become a prohibited source merely because a

 

 

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1    registered lobbyist is one of its members or serves on its
2    board of directors; or
3        (6) is an agent of, a spouse of, or an immediate family
4    member who is living with a "prohibited source".
5    "State agency" includes all officers, boards, commissions
6and agencies created by the Constitution, whether in the
7executive or legislative branch; all officers, departments,
8boards, commissions, agencies, institutions, authorities,
9public institutions of higher learning as defined in Section 2
10of the Higher Education Cooperation Act (except community
11colleges), and bodies politic and corporate of the State; and
12administrative units or corporate outgrowths of the State
13government which are created by or pursuant to statute, other
14than units of local government (including community college
15districts) and their officers, school districts, and boards of
16election commissioners; and all administrative units and
17corporate outgrowths of the above and as may be created by
18executive order of the Governor. "State agency" includes the
19General Assembly, the Senate, the House of Representatives, the
20President and Minority Leader of the Senate, the Speaker and
21Minority Leader of the House of Representatives, the Senate
22Operations Commission, and the legislative support services
23agencies. "State agency" includes the Office of the Auditor
24General. "State agency" does not include the judicial branch.
25    "State employee" means any employee of a State agency.
26    "Ultimate jurisdictional authority" means the following:

 

 

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1        (1) For members, legislative partisan staff, and
2    legislative secretaries, the appropriate legislative
3    leader: President of the Senate, Minority Leader of the
4    Senate, Speaker of the House of Representatives, or
5    Minority Leader of the House of Representatives.
6        (2) For State employees who are professional staff or
7    employees of the Senate and not covered under item (1), the
8    Senate Operations Commission.
9        (3) For State employees who are professional staff or
10    employees of the House of Representatives and not covered
11    under item (1), the Speaker of the House of
12    Representatives.
13        (4) For State employees who are employees of the
14    legislative support services agencies, the Joint Committee
15    on Legislative Support Services.
16        (5) For State employees of the Auditor General, the
17    Auditor General.
18        (6) For State employees of public institutions of
19    higher learning as defined in Section 2 of the Higher
20    Education Cooperation Act (except community colleges), the
21    board of trustees of the appropriate public institution of
22    higher learning.
23        (7) For State employees of an executive branch
24    constitutional officer other than those described in
25    paragraph (6), the appropriate executive branch
26    constitutional officer.

 

 

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1        (8) For State employees not under the jurisdiction of
2    paragraph (1), (2), (3), (4), (5), (6), or (7), the
3    Governor.
4(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555,
5eff. 8-18-09.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.