Illinois General Assembly - Full Text of HB2536
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Full Text of HB2536  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Fred Crespo


5 ILCS 430/20-5

    Amends the State Officials and Employees Ethics Act. Expands the jurisdiction of the Executive Ethics Commission to include vendors and others doing business with State agencies (currently, officers and employees of State agencies). Effective immediately.

LRB101 08195 RJF 53261 b





HB2536LRB101 08195 RJF 53261 b

1    AN ACT concerning 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 20-5 as follows:
6    (5 ILCS 430/20-5)
7    Sec. 20-5. Executive Ethics Commission.
8    (a) The Executive Ethics Commission is created.
9    (b) The Executive Ethics Commission shall consist of 9
10commissioners. The Governor shall appoint 5 commissioners, and
11the Attorney General, Secretary of State, Comptroller, and
12Treasurer shall each appoint one commissioner. Appointments
13shall be made by and with the advice and consent of the Senate
14by three-fifths of the elected members concurring by record
15vote. Any nomination not acted upon by the Senate within 60
16session days of the receipt thereof shall be deemed to have
17received the advice and consent of the Senate. If, during a
18recess of the Senate, there is a vacancy in an office of
19commissioner, the appointing authority shall make a temporary
20appointment until the next meeting of the Senate when the
21appointing authority shall make a nomination to fill that
22office. No person rejected for an office of commissioner shall,
23except by the Senate's request, be nominated again for that



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1office at the same session of the Senate or be appointed to
2that office during a recess of that Senate. No more than 5
3commissioners may be of the same political party.
4    The terms of the initial commissioners shall commence upon
5qualification. Four initial appointees of the Governor, as
6designated by the Governor, shall serve terms running through
7June 30, 2007. One initial appointee of the Governor, as
8designated by the Governor, and the initial appointees of the
9Attorney General, Secretary of State, Comptroller, and
10Treasurer shall serve terms running through June 30, 2008. The
11initial appointments shall be made within 60 days after the
12effective date of this Act.
13    After the initial terms, commissioners shall serve for
144-year terms commencing on July 1 of the year of appointment
15and running through June 30 of the fourth following year.
16Commissioners may be reappointed to one or more subsequent
18    Vacancies occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the commissioner whose office is vacant.
21    Terms shall run regardless of whether the position is
23    (c) The appointing authorities shall appoint commissioners
24who have experience holding governmental office or employment
25and shall appoint commissioners from the general public. A
26person is not eligible to serve as a commissioner if that



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1person (i) has been convicted of a felony or a crime of
2dishonesty or moral turpitude, (ii) is, or was within the
3preceding 12 months, engaged in activities that require
4registration under the Lobbyist Registration Act, (iii) is
5related to the appointing authority, or (iv) is a State officer
6or employee.
7    (d) The Executive Ethics Commission shall have
8jurisdiction over all officers and employees of, together with
9vendors and others doing business with, State agencies other
10than the General Assembly, the Senate, the House of
11Representatives, the President and Minority Leader of the
12Senate, the Speaker and Minority Leader of the House of
13Representatives, the Senate Operations Commission, the
14legislative support services agencies, and the Office of the
15Auditor General. The Executive Ethics Commission shall have
16jurisdiction over all board members and employees of Regional
17Transit Boards. The jurisdiction of the Commission is limited
18to matters arising under this Act, except as provided in
19subsection (d-5).
20    A member or legislative branch State employee serving on an
21executive branch board or commission remains subject to the
22jurisdiction of the Legislative Ethics Commission and is not
23subject to the jurisdiction of the Executive Ethics Commission.
24    (d-5) The Executive Ethics Commission shall have
25jurisdiction over all chief procurement officers and
26procurement compliance monitors and their respective staffs.



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1The Executive Ethics Commission shall have jurisdiction over
2any matters arising under the Illinois Procurement Code if the
3Commission is given explicit authority in that Code.
4    (d-6) (1) The Executive Ethics Commission shall have
5jurisdiction over the Illinois Power Agency and its staff. The
6Director of the Agency shall be appointed by a majority of the
7commissioners of the Executive Ethics Commission, subject to
8Senate confirmation, for a term of 2 years. The Director is
9removable for cause by a majority of the Commission upon a
10finding of neglect, malfeasance, absence, or incompetence.
11    (2) In case of a vacancy in the office of Director of the
12Illinois Power Agency during a recess of the Senate, the
13Executive Ethics Commission may make a temporary appointment
14until the next meeting of the Senate, at which time the
15Executive Ethics Commission shall nominate some person to fill
16the office, and any person so nominated who is confirmed by the
17Senate shall hold office during the remainder of the term and
18until his or her successor is appointed and qualified. Nothing
19in this subsection shall prohibit the Executive Ethics
20Commission from removing a temporary appointee or from
21appointing a temporary appointee as the Director of the
22Illinois Power Agency.
23    (3) Prior to June 1, 2012, the Executive Ethics Commission
24may, until the Director of the Illinois Power Agency is
25appointed and qualified or a temporary appointment is made
26pursuant to paragraph (2) of this subsection, designate some



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1person as an acting Director to execute the powers and
2discharge the duties vested by law in that Director. An acting
3Director shall serve no later than 60 calendar days, or upon
4the making of an appointment pursuant to paragraph (1) or (2)
5of this subsection, whichever is earlier. Nothing in this
6subsection shall prohibit the Executive Ethics Commission from
7removing an acting Director or from appointing an acting
8Director as the Director of the Illinois Power Agency.
9    (4) No person rejected by the Senate for the office of
10Director of the Illinois Power Agency shall, except at the
11Senate's request, be nominated again for that office at the
12same session or be appointed to that office during a recess of
13that Senate.
14    (e) The Executive Ethics Commission must meet, either in
15person or by other technological means, at least monthly and as
16often as necessary. At the first meeting of the Executive
17Ethics Commission, the commissioners shall choose from their
18number a chairperson and other officers that they deem
19appropriate. The terms of officers shall be for 2 years
20commencing July 1 and running through June 30 of the second
21following year. Meetings shall be held at the call of the
22chairperson or any 3 commissioners. Official action by the
23Commission shall require the affirmative vote of 5
24commissioners, and a quorum shall consist of 5 commissioners.
25Commissioners shall receive compensation in an amount equal to
26the compensation of members of the State Board of Elections and



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1may be reimbursed for their reasonable expenses actually
2incurred in the performance of their duties.
3    (f) No commissioner or employee of the Executive Ethics
4Commission may during his or her term of appointment or
6        (1) become a candidate for any elective office;
7        (2) hold any other elected or appointed public office
8    except for appointments on governmental advisory boards or
9    study commissions or as otherwise expressly authorized by
10    law;
11        (3) be actively involved in the affairs of any
12    political party or political organization; or
13        (4) advocate for the appointment of another person to
14    an appointed or elected office or position or actively
15    participate in any campaign for any elective office.
16    (g) An appointing authority may remove a commissioner only
17for cause.
18    (h) The Executive Ethics Commission shall appoint an
19Executive Director. The compensation of the Executive Director
20shall be as determined by the Commission. The Executive
21Director of the Executive Ethics Commission may employ and
22determine the compensation of staff, as appropriations permit.
23    (i) The Executive Ethics Commission shall appoint, by a
24majority of the members appointed to the Commission, chief
25procurement officers and may appoint procurement compliance
26monitors in accordance with the provisions of the Illinois



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1Procurement Code. The compensation of a chief procurement
2officer and procurement compliance monitor shall be determined
3by the Commission.
4(Source: P.A. 100-43, eff. 8-9-17.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.