093_HB3415eng

 
HB3415 Engrossed                     LRB093 08103 JAM 08306 b

 1        AN ACT concerning ethics commissions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Gift Ban Act is amended by changing
 5    Section 45 as follows:

 6        (5 ILCS 425/45)
 7        Sec. 45.  Ethics Commissions.
 8        (a)  Ethics Commissions are created for the  branches  of
 9    government   as   provided   in  this  Section.  The  initial
10    appointments to each commission shall be made within 60  days
11    after  the  effective  date  of this Act. Each The appointing
12    authority authorities shall appoint  commissioners  who  have
13    experience  holding  governmental  office  or  employment and
14    shall appoint commissioners from the general public  or  from
15    within  the appointing authority's branch of government. With
16    respect to each of the ethics commissions designated in items
17    (1), (2), (3), (4),  and  (5),  no  more  than  4  of  the  7
18    appointees  shall  be  of  the  same  political  party.   The
19    appointee   shall   establish  his  or  her  political  party
20    affiliation by his or her last record of voting  in  a  party
21    primary election.
22             (1)  For the ethics commission of the Governor there
23        shall  be 7 commissioners appointed by the Governor. This
24        ethics commission shall have jurisdiction over all of the
25        executive branch of State government except the  officers
26        specified  in  items  (2),  (3),  (4),  and (5) and their
27        employees.
28             (2)  For  the  ethics  commission  of  the  Attorney
29        General there shall be 7 commissioners appointed  by  the
30        Attorney General.
31             (3)  For  the  ethics commission of the Secretary of
 
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 1        State there shall be 7  commissioners  appointed  by  the
 2        Secretary of State.
 3             (4)  For  the  ethics  commission of the Comptroller
 4        there  shall  be  7  commissioners   appointed   by   the
 5        Comptroller.
 6             (5)  For  the  ethics  commission  of  the Treasurer
 7        there  shall  be  7  commissioners   appointed   by   the
 8        Treasurer.
 9             (6)  For  the  ethics  commission of the legislative
10        branch there shall be 8 commissioners.  The  Speaker  and
11        the  Minority  Leader of the House of Representatives and
12        the President and the Minority Leader of the Senate shall
13        each appoint 2 commissioners.
14             (7)  For  the  ethics  commission  of  the  judicial
15        branch there shall be 6 commissioners.  The Chief Justice
16        of the Supreme Court shall appoint the commissioners with
17        the concurrence of 3 other Supreme Court Judges.
18        (b)  At the first meeting of each commission, the initial
19    appointees  shall  draw  lots  to  divide  into   2   groups.
20    Commissioners  of  the  first group shall serve 2-year terms,
21    and commissioners of the second group  shall  serve  one-year
22    terms.  Thereafter commissioners shall be appointed to 2-year
23    terms. Commissioners may be reappointed to  serve  subsequent
24    terms.
25        (c)  The  respective  appointing authority or authorities
26    may remove a commissioner  appointed  by  that  authority  or
27    those  authorities  in case of incompetency, neglect of duty,
28    or malfeasance in office after service on the commissioner by
29    certified mail, return receipt requested, of a  copy  of  the
30    written  charges  against the commissioner and an opportunity
31    to be heard in person or by counsel upon  not  less  than  10
32    days'  notice.  Vacancies  shall be filled by the appropriate
33    appointing authority or authorities.
34        (d)  Each commission shall meet as often as necessary  to
 
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 1    perform  its duties. Except for the ethics commission for the
 2    legislative branch, at the first meeting of  each  commission
 3    the  commissioners  shall  choose  a  chairperson  from their
 4    number. For the ethics commission for the legislative branch,
 5    the President of the Senate and whichever of the  Speaker  or
 6    Minority  Leader  of the House is of the same political party
 7    as the  President  shall  jointly  designate  one  member  as
 8    co-chair;  the  other  2  legislative  leaders  shall jointly
 9    designate the other co-chair. Meetings shall be held  at  the
10    call  of  the  chairperson  or any 2 commissioners.  Official
11    action by the commission shall require the  affirmative  vote
12    of  the  number of commissioners provided in this subsection,
13    and a quorum shall consist of  the  number  of  commissioners
14    provided  in  this  subsection.  The  number of commissioners
15    required for a quorum and the affirmative vote of each ethics
16    commission shall be as follows: for the Governor, 4; for  the
17    Attorney  General,  4; for the Secretary of State, 4; for the
18    Treasurer, 4; for the Comptroller,  4;  for  the  legislative
19    branch,  5; for the judicial branch, 4.  Commissioners may be
20    reimbursed for their reasonable expenses actually incurred in
21    the performance of their duties.
22    (Source: P.A. 90-737, eff. 1-1-99.)