SB0703ham001 93rd General Assembly

093_SB0703ham001











                                     LRB093 03133 JAM 17133 a

 1                    AMENDMENT TO SENATE BILL 703

 2        AMENDMENT NO.     .  Amend Senate Bill 703  by  replacing
 3    the title with the following:
 4        "AN ACT concerning ethics."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7                             "ARTICLE 1
 8                         GENERAL PROVISIONS

 9        Section 1-1.  Short title. This Act may be cited  as  the
10    State Officials and Employees Ethics Act.

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

33        Section  1-10.  Applicability.   The  State Officials and
 
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 1    Employees Ethics Act applies only to conduct that  occurs  on
 2    or  after  the  effective  date  of this Act and to causes of
 3    action that accrue on or after the  effective  date  of  this
 4    Act.

 5                              ARTICLE 5
 6                           ETHICAL CONDUCT

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

20        Section   5-10.  Ethics   training.    Each  officer  and
21    employee must complete, at least annually, an ethics training
22    program conducted  by  the  appropriate  State  agency.  Each
23    ultimate  jurisdictional  authority  must implement an ethics
24    training program for its officers and employees. These ethics
25    training  programs  shall  be  overseen  by  the  appropriate
26    Inspector General appointed pursuant to this Act working with
27    the Office of the Attorney General.
28        Each Inspector General shall set standards and  determine
29    the  hours  and  frequency  of  training  necessary  for each
30    position or category of  positions.  A  person  who  fills  a
31    vacancy  in  an  elective or appointed position that requires
32    training and a person employed in a  position  that  requires
33    training  must  complete  his  or her initial ethics training
 
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 1    within 6 months after commencement of his or  her  office  or
 2    employment.

 3        Section 5-15.  Prohibited political activities.
 4        (a)  State  employees shall not intentionally perform any
 5    prohibited political activity  during  any  compensated  time
 6    (other  than  vacation,  personal, or compensatory time off).
 7    State employees shall not  intentionally  misappropriate  any
 8    State  property  or  resources  by engaging in any prohibited
 9    political activity  for  the  benefit  of  any  campaign  for
10    elective office or any political organization.
11        (b)  At no time shall any executive or legislative branch
12    constitutional officer or any official, director, supervisor,
13    or  State  employee intentionally misappropriate the services
14    of any State employee by requiring  that  State  employee  to
15    perform any prohibited political activity (i) as part of that
16    employee's  State  duties,  (ii)  as  a  condition  of  State
17    employment,  or (iii) during any time off that is compensated
18    by the State (such as  vacation,  personal,  or  compensatory
19    time off).
20        (c)  A  State  employee shall not be required at any time
21    to  participate  in  any  prohibited  political  activity  in
22    consideration for  that  State  employee  being  awarded  any
23    additional compensation or employee benefit, in the form of a
24    salary  adjustment,  bonus,  compensatory time off, continued
25    employment, or otherwise.
26        (d)  A State employee shall not be awarded any additional
27    compensation or employee benefit, in the  form  of  a  salary
28    adjustment,   bonus,   compensatory   time   off,   continued
29    employment,  or  otherwise,  in  consideration  for the State
30    employee's  participation   in   any   prohibited   political
31    activity.
32        (e)  Nothing  in  this  Section prohibits activities that
33    are otherwise appropriate for a State employee to  engage  in
 
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 1    as  a  part of his or her official State employment duties or
 2    activities that are undertaken  by  a  State  employee  on  a
 3    voluntary basis as permitted by law.
 4        (f)  No  person  either (i) in a position that is subject
 5    to recognized merit principles of public employment  or  (ii)
 6    in  a  position  the  salary for which is paid in whole or in
 7    part by federal funds and that  is  subject  to  the  Federal
 8    Standards  for  a  Merit  System  of Personnel Administration
 9    applicable to  grant-in-aid  programs,  shall  be  denied  or
10    deprived  of  State employment or tenure solely because he or
11    she is a member or an officer of a political committee, of  a
12    political party, or of a political organization or club.

13        Section 5-20.  Public service announcements.
14        (a)  Except  as  otherwise  provided  in this Section, no
15    public service  announcement  or  advertisement  that  is  on
16    behalf  of  any  State administered program and that contains
17    the image or voice of  any  executive  branch  constitutional
18    officer  or member of the General Assembly shall be broadcast
19    or aired on radio or television or printed in a newspaper  at
20    any  time  on  or  after  the date that the officer or member
21    files his or her nominating petitions for public  office  and
22    for  any time thereafter that the officer or member remains a
23    candidate for any office.
24        (b)  This Section does not apply to communications funded
25    through expenditures required to be reported under Article  9
26    of the Election Code.

27        Section 5-30.  Prohibited offer or promise. An officer or
28    employee   of  the  executive  or  legislative  branch  or  a
29    candidate for an executive or legislative branch  office  may
30    not  promise  anything  of value related to State government,
31    including but not limited to positions in  State  government,
32    promotions,  or  salary  increases,  in  consideration  for a
 
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 1    contribution to a political committee,  political  party,  or
 2    other  entity  that  has as one of its purposes the financial
 3    support of a candidate for elective office.
 4        Nothing in this Section prevents the making or  accepting
 5    of voluntary contributions otherwise in accordance with law.

 6        Section    5-35.  Contributions    on   State   property.
 7    Contributions shall not be intentionally solicited, accepted,
 8    offered, or made on State property by  public  officials,  by
 9    State  employees,  by  candidates  for  elective  office,  by
10    persons   required   to  be  registered  under  the  Lobbyist
11    Registration Act, or by any officers, employees, or agents of
12    any  political  organization,  except  as  provided  in  this
13    Section. For purposes of this Section, "State property" means
14    any building or portion thereof owned or  exclusively  leased
15    by the State or any State agency at the time the contribution
16    is  solicited,  offered,  accepted, or made. "State property"
17    does not however, include any portion of a building  that  is
18    rented  or  leased  from  the  State or any State agency by a
19    private person or entity.
20        An inadvertent solicitation, acceptance, offer, or making
21    of a contribution is not a violation of this Section so  long
22    as  reasonable  and  timely  action  is  taken  to return the
23    contribution to its source.
24        The provisions of  this  Section  do  not  apply  to  the
25    residences  of  State  officers and employees, except that no
26    fundraising events shall be held at residences owned  by  the
27    State or paid for, in whole or in part, with State funds.

28        Section  5-40.  Fundraising in Sangamon County. Except as
29    provided in this Section, any executive branch constitutional
30    officer, any candidate for an executive branch constitutional
31    office, any member of the General Assembly, any candidate for
32    the General Assembly, any political  caucus  of  the  General
 
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 1    Assembly,  or any political committee on behalf of any of the
 2    foregoing may not hold a  fundraising  function  in  Sangamon
 3    County  on  any  day the legislature is in session (i) during
 4    the period beginning February 1 and ending on  the  later  of
 5    the  actual  adjournment  dates of either house of the spring
 6    session and (ii) during fall veto session.  For  purposes  of
 7    this  Section,  the  legislature  is  not considered to be in
 8    session on a day that is solely a perfunctory session day  or
 9    on a day when only a committee is meeting.

10        Section 5-45.  Procurement; revolving door prohibition.
11        (a)  No former State employee may, within a period of one
12    year  immediately  after  termination  of  State  employment,
13    knowingly  accept  employment or receive compensation or fees
14    for services from an employer if  the  employee,  during  the
15    year  immediately  preceding termination of State employment,
16    and on behalf of the State or  State  agency,  negotiated  in
17    whole  or  in  part  one or more contracts with that employer
18    aggregating $25,000 or more.
19        (b)  The requirements of this Section may  be  waived  by
20    the  appropriate  ultimate  jurisdictional  authority  of the
21    former  State  employee  if  that   ultimate   jurisdictional
22    authority  finds in writing that the State's negotiations and
23    decisions  regarding  the  procurement  of  the  contract  or
24    contracts were not materially affected by any  potential  for
25    employment of that employee by the employer.
26        (c)  This  Section  applies only to persons who terminate
27    an affected position on or after the effective date  of  this
28    Act.

29                             ARTICLE 10
30                              GIFT BAN

31        Section 10-10.  Gift ban. Except as otherwise provided in
 
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 1    this   Article,   no   member,  officer,  or  employee  shall
 2    intentionally solicit or accept any gift from any  prohibited
 3    source or in violation of any federal or State statute, rule,
 4    or regulation. This ban applies to and includes the spouse of
 5    and  immediate  family  living  with  the member, officer, or
 6    employee. No prohibited source shall intentionally  offer  or
 7    make a gift that violates this Section.

 8        Section 10-15.  Gift ban; exceptions.  The restriction in
 9    Section 10-10 does not apply to the following:
10        (1)  Opportunities,   benefits,  and  services  that  are
11    available on the same conditions as for the general public.
12        (2)  A contribution  that  is  lawfully  made  under  the
13    Election   Code   or  under  this  Act  or  attendance  at  a
14    fundraising event sponsored by a political organization.
15        (3)  Educational materials and missions, subject to rules
16    adopted by  the  appropriate  ethics  commission  or  by  the
17    Auditor  General for the Auditor General and employees of the
18    Office of the Auditor General.
19        (4)  Travel expenses  for  a  meeting  to  discuss  State
20    business,  subject to rules adopted by the appropriate ethics
21    commission or by the Auditor General for the Auditor  General
22    and employees of the Office of the Auditor General.
23        (5)  A gift from a relative, meaning those people related
24    to  the individual as father, mother, son, daughter, brother,
25    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
26    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
27    grandson,   granddaughter,   father-in-law,    mother-in-law,
28    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
29    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
30    stepsister,  half  brother,  half  sister,  and including the
31    father,  mother,   grandfather,   or   grandmother   of   the
32    individual's spouse and the individual's fiance or fiancee.
33        (6)  Anything provided by an individual on the basis of a
 
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 1    personal  friendship  unless the member, officer, or employee
 2    has reason to believe that, under the circumstances, the gift
 3    was provided because of the official position  or  employment
 4    of  the  member,  officer, or employee and not because of the
 5    personal friendship.
 6        In determining whether a gift is provided on the basis of
 7    personal friendship, the member, officer, or  employee  shall
 8    consider  the circumstances under which the gift was offered,
 9    such as:
10             (i)  the history of  the  relationship  between  the
11        individual giving the gift and the recipient of the gift,
12        including  any  previous  exchange of gifts between those
13        individuals;
14             (ii)  whether to the actual knowledge of the member,
15        officer, or employee the individual  who  gave  the  gift
16        personally paid for the gift or sought a tax deduction or
17        business reimbursement for the gift; and
18             (iii)  whether   to  the  actual  knowledge  of  the
19        member, officer, or employee the individual who gave  the
20        gift also at the same time gave the same or similar gifts
21        to other members, officers, or employees.
22        (7)  Food or refreshments not exceeding $75 per person in
23    value  on  a  single  calendar day; provided that the food or
24    refreshments are (i) consumed on the premises from which they
25    were purchased or prepared or (ii) catered. For the  purposes
26    of  this  Section,  "catered" means food or refreshments that
27    are purchased ready to eat and delivered by any means.
28        (8)  Intra-governmental  and  inter-governmental   gifts.
29    For  the purpose of this Act, "intra-governmental gift" means
30    any gift given to a member, officer, or employee of  a  State
31    agency  from another member, officer, or employee of the same
32    State agency; and "inter-governmental gift"  means  any  gift
33    given to a member, officer, or employee of a State agency, by
34    a  member, officer, or employee of another State agency, of a
 
                            -16-     LRB093 03133 JAM 17133 a
 1    federal agency, or of any governmental entity.
 2        (9)  Bequests,  inheritances,  and  other  transfers   at
 3    death.
 4        (10)  Any  item  or  items from any one prohibited source
 5    during any calendar year having a cumulative total  value  of
 6    less than $100.
 7        Each of the exceptions listed in this Section is mutually
 8    exclusive and independent of one another.

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

17        Section  10-40.  Gift ban; further restrictions.  A State
18    agency  may  adopt  or  maintain  policies  that   are   more
19    restrictive  than  those  set  forth  in this Article and may
20    continue to follow  any  existing    policies,  statutes,  or
21    regulations  that  are more restrictive or are in addition to
22    those set forth in this Article.

23                             ARTICLE 15
24                      WHISTLE BLOWER PROTECTION

25        Section 15-5.  Definitions.  In this Article:
26        "Public body" means (1) any  officer,  member,  or  State
27    agency;  (2)  the  federal  government;  (3)  any  local  law
28    enforcement  agency  or prosecutorial office; (4) any federal
29    or State judiciary, grand  or  petit  jury,  law  enforcement
30    agency,   or  prosecutorial  office;  and  (5)  any  officer,
 
                            -17-     LRB093 03133 JAM 17133 a
 1    employee, department, agency, or other division of any of the
 2    foregoing.
 3        "Supervisor" means an  officer,  a  member,  or  a  State
 4    employee who has the authority to direct and control the work
 5    performance  of a State employee or who has authority to take
 6    corrective action regarding any violation of a law, rule,  or
 7    regulation of which the State employee complains.
 8        "Retaliatory  action"  means  the  reprimand,  discharge,
 9    suspension,  demotion,  or denial of promotion or transfer of
10    any State employee in the terms and conditions of employment,
11    and that is taken  in  retaliation  for  a  State  employee's
12    involvement  in  protected  activity, as set forth in Section
13    15-10.

14        Section 15-10.  Protected activity. An officer, a member,
15    or a State agency  shall  not  take  any  retaliatory  action
16    against  a State employee because the State employee does any
17    of the following:
18        (1)  Discloses or threatens to disclose to  a  supervisor
19    or  to  a public body an activity, policy, or practice of any
20    officer, member, State agency, or other State  employee  that
21    the  State  employee reasonably believes is in violation of a
22    law, rule, or regulation.
23        (2)  Provides information  to  or  testifies  before  any
24    public  body conducting an investigation, hearing, or inquiry
25    into any violation of a  law,  rule,  or  regulation  by  any
26    officer, member, State agency, or other State employee.
27        (3)  Assists  or  participates in a proceeding to enforce
28    the provisions of this Act.

29        Section 15-20.  Burden of  proof.  A  violation  of  this
30    Article  may  be established only upon a finding that (i) the
31    State employee engaged in conduct described in Section  15-10
32    and  (ii)  that  conduct  was  a  contributing  factor in the
 
                            -18-     LRB093 03133 JAM 17133 a
 1    retaliatory action alleged by the State employee.  It is  not
 2    a violation, however, if it is demonstrated that the officer,
 3    member,  other  State  employee,  or  State agency would have
 4    taken the same unfavorable personnel action in the absence of
 5    that conduct.

 6        Section  15-25.  Remedies.  An  action  to  obtain  civil
 7    remedies for a violation of this Article may be initiated  by
 8    a State employee only after a finding by an ethics commission
 9    that  a  violation  of  this  Article  has  occurred  or upon
10    authorization by the Attorney General. The  action  shall  be
11    commenced  in  a circuit court of venue within one year after
12    the  required   finding   by   the   ethics   commission   or
13    authorization  by  the  Attorney  General  has been made. The
14    proceeding before the circuit court shall be de novo, and the
15    Administrative Review Law shall not  apply  to  a  proceeding
16    under  this  Article.  The  State employee may be awarded all
17    remedies necessary to make the State employee  whole  and  to
18    prevent  future  violations of this Article. Remedies imposed
19    by the court may include, but are not limited to, all of  the
20    following:
21        (1)  reinstatement  of  the  employee  to either the same
22    position  held  before  the  retaliatory  action  or  to   an
23    equivalent position;
24        (2)  2 times the amount of back pay;
25        (3)  interest on the back pay;
26        (4)  the   reinstatement  of  full  fringe  benefits  and
27    seniority rights; and
28        (5)  the payment by the officer, member, or  other  State
29    employee of reasonable attorneys' fees.

30        Section 15-35.  Preemption. Nothing in this Article shall
31    be  deemed to diminish the rights, privileges, or remedies of
32    a State employee under any other federal or State law,  rule,
 
                            -19-     LRB093 03133 JAM 17133 a
 1    or regulation or under any collective bargaining agreement or
 2    employment contract.

 3                             ARTICLE 20
 4                   EXECUTIVE ETHICS COMMISSION AND
 5                     EXECUTIVE INSPECTOR GENERAL

 6        Section 20-5. Executive Ethics Commission.
 7        (a) The Executive Ethics Commission is created.
 8        (b)  The  Executive  Ethics Commission shall consist of 9
 9    commissioners, each confirmed by a three-fifths vote  of  the
10    Senate.  The  Governor shall appoint 5 commissioners, and the
11    Attorney  General,  Secretary  of  State,  Comptroller,   and
12    Treasurer  shall each appoint one commissioner. If the Senate
13    is in recess, the appointing authority may make  a  temporary
14    appointment  until  the  next meeting of the Senate, when the
15    appointing authority shall make  a  nomination  to  fill  the
16    office.  No  more  than  5  commissioners  may be of the same
17    political party.
18        The terms of the initial commissioners shall commence  on
19    July  1,  2003.  Four  initial appointees of the Governor, as
20    designated by the Governor, shall serve terms running through
21    June 30, 2007.  One initial appointee  of  the  Governor,  as
22    designated by the Governor, and the initial appointees of the
23    Attorney   General,  Secretary  of  State,  Comptroller,  and
24    Treasurer shall serve terms running through  June  30,  2008.
25    The  initial  appointments shall be made within 60 days after
26    the effective date of this Act.
27        After the initial terms, commissioners  shall  serve  for
28    4-year  terms commencing on July 1 of the year of appointment
29    and running through June 30 of  the  fourth  following  year.
30    Commissioners  may  be  reappointed to one or more subsequent
31    terms.
32        Vacancies occurring other than at the end of a term shall
 
                            -20-     LRB093 03133 JAM 17133 a
 1    be filled by the appointing authority only for the balance of
 2    the term of the commissioner whose office is vacant.
 3        Terms shall run regardless of  whether  the  position  is
 4    filled.
 5        (c)    The    appointing    authorities   shall   appoint
 6    commissioners who have experience holding governmental office
 7    or  employment  and  shall  appoint  commissioners  from  the
 8    general public. A person  is  not  eligible  to  serve  as  a
 9    commissioner  if  that  person  (i)  has  been convicted of a
10    felony or a crime of dishonesty or moral turpitude, (ii)  is,
11    or  was within the preceding 12 months, engaged in activities
12    that require registration  under  the  Lobbyist  Registration
13    Act, (iii) is related to the appointing authority, or (iv) is
14    a State officer or employee.
15        (d)   The   Executive   Ethics   Commission   shall  have
16    jurisdiction  over  all  officers  and  employees  of   State
17    agencies  other  than  the  General Assembly, the Senate, the
18    House of Representatives, the President and  Minority  Leader
19    of  the  Senate, the Speaker and Minority Leader of the House
20    of Representatives, the  Senate  Operations  Commission,  the
21    legislative  support services agencies, and the Office of the
22    Auditor  General.  The  jurisdiction  of  the  Commission  is
23    limited to matters arising under this Act.
24        (e) The Executive Ethics Commission must meet, either  in
25    person  or by other technological means, at least monthly and
26    as often as necessary. At the first meeting of the  Executive
27    Ethics  Commission, the commissioners shall choose from their
28    number a  chairperson  and  other  officers  that  they  deem
29    appropriate.  The  terms  of  officers  shall  be for 2 years
30    commencing July 1 and running through June 30 of  the  second
31    following  year.  Meetings  shall  be held at the call of the
32    chairperson or any 3 commissioners. Official  action  by  the
33    Commission   shall   require   the   affirmative  vote  of  5
34    commissioners, and a quorum shall consist of 5 commissioners.
 
                            -21-     LRB093 03133 JAM 17133 a
 1    Commissioners shall  receive  no  compensation,  but  may  be
 2    reimbursed for their reasonable expenses actually incurred in
 3    the performance of their duties.
 4        (f)  No  commissioner or employee of the Executive Ethics
 5    Commission may during his  or  her  term  of  appointment  or
 6    employment:
 7             (1) become a candidate for any elective office;
 8             (2)  hold  any  other  elected  or  appointed public
 9        office except for appointments on  governmental  advisory
10        boards  or  study  commissions  or as otherwise expressly
11        authorized by law;
12             (3) be actively  involved  in  the  affairs  of  any
13        political party or political organization; or
14             (4)  actively  participate  in  any campaign for any
15        elective office.
16        (g) An appointing authority  may  remove  a  commissioner
17    only for cause.
18        (h)  The  Executive  Ethics  Commission  shall appoint an
19    Executive  Director.  The  compensation  of   the   Executive
20    Director  shall  be as determined by the Commission or by the
21    Compensation Review Board, whichever amount  is  higher.  The
22    Executive  Director  of  the  Executive Ethics Commission may
23    employ  and  determine  the   compensation   of   staff,   as
24    appropriations permit.

25        Section 20-10. Offices of Executive Inspectors General.
26        (a)  Five  Offices of the Executive Inspector General are
27    created.  Each  Office  shall  be  under  the  direction  and
28    supervision of an Executive Inspector General.
29        (b)  The Governor, Attorney General, Secretary of  State,
30    Comptroller,  and  Treasurer  shall each appoint an Executive
31    Inspector General, without regard  to  political  affiliation
32    and  solely  on  the  basis  of  integrity  and  demonstrated
33    ability.  Each Executive Inspector General shall be confirmed
 
                            -22-     LRB093 03133 JAM 17133 a
 1    by a three-fifths vote of the Senate. If  the  Senate  is  in
 2    recess,   the  appointing  authority  may  make  a  temporary
 3    appointment until the next meeting of the  Senate,  when  the
 4    appointing  authority  shall  make  a  nomination to fill the
 5    office.
 6        Nothing in this Article precludes the appointment by  the
 7    Governor,  Attorney General, Secretary of State, Comptroller,
 8    or Treasurer of  any  other  inspector  general  required  or
 9    permitted  by  law. The Governor, Attorney General, Secretary
10    of State, Comptroller, and  Treasurer  each  may  appoint  an
11    existing inspector general as the Executive Inspector General
12    required  by  this  Article,  provided that such an inspector
13    general  is  not  prohibited  by  law,  rule,   jurisdiction,
14    qualification,  or  interest  from  serving  as the Executive
15    Inspector General required by  this  Article.  An  appointing
16    authority   may  not  appoint  a  relative  as  an  Executive
17    Inspector General.
18        Each Executive Inspector General shall have the following
19    qualifications:
20             (1)  has not been convicted  of any felony under the
21        laws of this State, another State, or the United States;
22             (2)  has  earned  a  baccalaureate  degree  from  an
23        institution of higher education; and
24             (3)  has either (A) 5 or more years of service  with
25        a  federal,  State,  or  local law enforcement agency, at
26        least 2  years  of  which  have  been  in  a  progressive
27        investigatory capacity; (B) 5 or more years of service as
28        a  federal,  State, or local prosecutor; or (C) 5 or more
29        years of service as a senior manager or  executive  of  a
30        federal, State, or local agency.
31        The  term  of  each  initial  Executive Inspector General
32    shall commence on July 1, 2003 and shall run through June 30,
33    2008. The initial appointments shall be made within  60  days
34    after the effective date of this Act.
 
                            -23-     LRB093 03133 JAM 17133 a
 1        After  the initial term, each Executive Inspector General
 2    shall serve for 5-year terms commencing on July 1 of the year
 3    of appointment and running  through  June  30  of  the  fifth
 4    following   year.  An  Executive  Inspector  General  may  be
 5    reappointed to one or more subsequent terms.
 6        A vacancy occurring other than at the end of a term shall
 7    be filled by the appointing authority only for the balance of
 8    the term of the Executive Inspector General whose  office  is
 9    vacant.
10        Terms  shall  run  regardless  of whether the position is
11    filled.
12        (c)  The Executive Inspector  General  appointed  by  the
13    Attorney  General  shall  have jurisdiction over the Attorney
14    General and  all  employees  of  State  agencies  within  the
15    jurisdiction of the Attorney General. The Executive Inspector
16    General  appointed  by  the  Secretary  of  State  shall have
17    jurisdiction over the Secretary of State and all employees of
18    State agencies within the jurisdiction of  the  Secretary  of
19    State.  The  Executive  Inspector  General  appointed  by the
20    Comptroller shall have jurisdiction over the Comptroller  and
21    all  employees  of  State agencies within the jurisdiction of
22    the Comptroller. The Executive Inspector General appointed by
23    the Treasurer shall have jurisdiction over the Treasurer  and
24    all  employees  of  State agencies within the jurisdiction of
25    the Treasurer. The Executive Inspector General  appointed  by
26    the  Governor  shall have jurisdiction over the Governor, the
27    Lieutenant Governor, and all employees  of  executive  branch
28    State agencies under the jurisdiction of the Executive Ethics
29    Commission  and  not  within the jurisdiction of the Attorney
30    General, the Secretary of  State,  the  Comptroller,  or  the
31    Treasurer.
32        The  jurisdiction  of each Executive Inspector General is
33    limited to investigating conduct alleged to violate this Act.
34        (d)  The compensation of an Executive  Inspector  General
 
                            -24-     LRB093 03133 JAM 17133 a
 1    shall  be  determined  by the appointed authority. Subject to
 2    Section 20-45 of this Act, each Executive  Inspector  General
 3    has  full  authority  to  organize  his  or her Office of the
 4    Executive Inspector General,  including  the  employment  and
 5    determination of the compensation of staff, such as deputies,
 6    assistants, and other employees, as appropriations permit.
 7        (e)  No  Executive  Inspector  General or employee of the
 8    Office of the Executive Inspector General may, during his  or
 9    her term of appointment or employment:
10             (1)  become a candidate for any elective office;
11             (2)  hold  any  other  elected  or  appointed public
12        office except for appointments on  governmental  advisory
13        boards  or  study  commissions  or as otherwise expressly
14        authorized by law;
15             (3)  be actively involved  in  the  affairs  of  any
16        political party or political organization; or
17             (4)  actively  participate  in  any campaign for any
18        elective office.
19        (f)  An appointing  authority  may  remove  an  Executive
20    Inspector General only for cause.

21        Section 20-15. Duties of the Executive Ethics Commission.
22    In   addition  to  duties  otherwise  assigned  by  law,  the
23    Executive Ethics Commission shall have the following duties:
24        (1) To promulgate rules governing the performance of  its
25    duties  and  the  exercise  of  its  powers and governing the
26    investigations of the Executive Inspectors General.
27        (2)  To  conduct  administrative  hearings  and  rule  on
28    matters brought before the Commission only upon  the  receipt
29    of  pleadings filed by an Executive Inspector General and not
30    upon its own prerogative. Any other allegations of misconduct
31    received by the  Commission  from  a  person  other  than  an
32    Executive  Inspector  General shall be referred to the Office
33    of the appropriate Executive Inspector General.
 
                            -25-     LRB093 03133 JAM 17133 a
 1        (3) To  prepare  and  publish  manuals  and  guides  and,
 2    working  with  the  Office  of  the Attorney General, oversee
 3    training of employees under its  jurisdiction  that  explains
 4    their duties.
 5        (4) To prepare public information materials to facilitate
 6    compliance, implementation, and enforcement of this Act.
 7        (5) To submit reports as required by this Act.
 8        (6)  To  make  rulings, issue recommendations, and impose
 9    administrative fines, if appropriate, in connection with  the
10    implementation and interpretation of this Act. The powers and
11    duties  of  the  Commission  are  limited  to matters clearly
12    within the purview of this Act.
13        (7) To issue subpoenas with respect  to  matters  pending
14    before  the  Commission,  subject  to  the provisions of this
15    Article and in the discretion of the  Commission,  to  compel
16    the attendance of witnesses for purposes of testimony and the
17    production  of  documents  and other items for inspection and
18    copying.

19        Section  20-20.  Duties  of  the   Executive   Inspectors
20    General.  In  addition  to  duties otherwise assigned by law,
21    each Executive Inspector General  shall  have  the  following
22    duties:
23        (1)  To receive and investigate allegations of violations
24    of this Act. The  Executive  Inspector  General  may  receive
25    information  through  the  Office  of any Executive Inspector
26    General,  through  an  ethics  commission,  or  through   the
27    Executive  Ethics  Hotline. An investigation may be conducted
28    only in response to information  reported  to  the  Executive
29    Inspector  General  as  provided in this Section and not upon
30    his or her own prerogative. The Executive  Inspector  General
31    shall  have the discretion to determine the appropriate means
32    of investigation as permitted  by  law  and  as  approved  in
33    advance by the Attorney General.
 
                            -26-     LRB093 03133 JAM 17133 a
 1        (2)  To  request information relating to an investigation
 2    from any person when the Executive  Inspector  General  deems
 3    that information necessary in conducting an investigation.
 4        (3)  To  issue subpoenas, subject to the advance approval
 5    of  the  Attorney  General,  to  compel  the  attendance   of
 6    witnesses  for  the  purposes  of testimony and production of
 7    documents and other items for inspection and copying.
 8        (4)  To submit reports as required by this Act.
 9        (5)  After finding probable cause, to file  pleadings  in
10    the   name  of  the  Executive  Inspector  General  with  the
11    Executive Ethics Commission, through the Attorney General, as
12    provided in this Article.
13        (6)  To assist and coordinate  the  ethics  officers  for
14    State  agencies  under  the  jurisdiction  of  the  Executive
15    Inspector General and to work with those ethics officers.
16        (7)  To  participate  in  or  conduct,  when appropriate,
17    multi-jurisdictional investigations.
18        (8)  To request, as the Executive Inspector General deems
19    appropriate, from ethics officers of State agencies under his
20    or her  jurisdiction,  reports  or  information  on  (i)  the
21    content  of a State agency's ethics training program and (ii)
22    the  percentage  of  new  officers  and  employees  who  have
23    completed ethics training.

24        Section 20-23.  Ethics Officers.  Each  officer  and  the
25    head  of  each  State  agency  under  the jurisdiction of the
26    Executive Ethics Commission shall designate an Ethics Officer
27    for the office or State agency. Ethics Officers shall:
28             (1)  act as liaisons between the  State  agency  and
29        the  appropriate  Executive Inspector General and between
30        the State agency and the Executive Ethics Commission;
31             (2)  review  statements  of  economic  interest  and
32        disclosure  forms  of  officers,  senior  employees,  and
33        contract  monitors  before  they  are  filed   with   the
 
                            -27-     LRB093 03133 JAM 17133 a
 1        Secretary of State; and
 2             (3)  provide  guidance  to officers and employees in
 3        the interpretation and implementation of this  Act.  Such
 4        guidance  shall  be  based,  wherever  possible, upon the
 5        findings and opinions of the Executive Ethics Commission.

 6        Section 20-25. Executive Ethics  Hotline.  The  Executive
 7    Ethics  Commission  shall  create  and  maintain  a toll-free
 8    Ethics Hotline  for  the  purpose  of  receiving  reports  of
 9    allegations  relating  to conduct subject to the jurisdiction
10    of the Commission. The Commission shall transmit each  report
11    to   the   appropriate  Inspector  General  or  other  ethics
12    commission in a timely manner.

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

30        Section  20-40.  Collective  bargaining  agreements.  Any
31    investigation or inquiry by an Executive Inspector General or
 
                            -28-     LRB093 03133 JAM 17133 a
 1    any agent or representative of an Executive Inspector General
 2    must  be  conducted  in  compliance  with the provisions of a
 3    collective bargaining agreement that applies to the employees
 4    of the relevant State agency and with  an  awareness  of  the
 5    rights of the employees as set forth by State and federal law
 6    and  applicable  judicial  decisions.  Any recommendation for
 7    discipline or any action taken  against  any  State  employee
 8    pursuant  to  this Act must comply with the provisions of the
 9    collective bargaining agreement that  applies  to  the  State
10    employee.

11        Section 20-45. Standing; representation.
12        (a)  Only   an  Executive  Inspector  General  may  bring
13    actions before the Executive Ethics Commission.
14        (b)  The Attorney General shall  represent  an  Executive
15    Inspector  General  in all proceedings before the Commission,
16    except that the Attorney General may appoint special  counsel
17    to  represent  an  Executive  Inspector  General  before  the
18    Commission  if  the  Attorney  General  deems it necessary to
19    avoid  any  actual,  potential,  or  perceived  conflict   of
20    interest.
21        (c)  Attorneys  or  special counsel serving in the Office
22    of an Executive  Inspector  General  shall  be  appointed  or
23    retained   by  the  Attorney  General,  shall  be  under  the
24    supervision, direction, and control of the Attorney  General,
25    and  shall serve at the pleasure of the Attorney General. The
26    compensation of any assistant attorneys and  special  counsel
27    appointed  or  retained  in  accordance  with this subsection
28    shall be paid by the  appropriate  Office  of  the  Executive
29    Inspector General.
30        (d)  Any  State employee or officer named as a respondent
31    in a complaint is entitled to reimbursement for  his  or  her
32    reasonable  attorney's fees and expenses in defending against
33    the  complaint  if  that  respondent  is  not  found  by  the
 
                            -29-     LRB093 03133 JAM 17133 a
 1    Commission to have violated this Act.

 2        Section    20-50.  Investigation    reports;    complaint
 3    procedure.
 4        (a)  If  an  Executive  Inspector   General,   upon   the
 5    conclusion  of  an  investigation,  determines  that probable
 6    cause exists to file  pleadings  with  the  Executive  Ethics
 7    Commission,  then the Executive Inspector General shall issue
 8    a summary report of the investigation. The  report  shall  be
 9    delivered   to   the   appropriate   ultimate  jurisdictional
10    authority and to the head of each State agency affected by or
11    involved in the investigation, if appropriate.
12        (b)  The  summary  report  of  the  investigation   shall
13    include the following:
14             (1)  A  description  of  any  allegations  or  other
15        information  received  by the Executive Inspector General
16        pertinent to the investigation.
17             (2)  A  description  of   any   alleged   misconduct
18        discovered in the course of the investigation.
19             (3)  Recommendations    for    any   corrective   or
20        disciplinary action  to  be  taken  in  response  to  any
21        alleged misconduct described in the report, including but
22        not limited to discharge.
23             (4)  Other   information   the  Executive  Inspector
24        General deems relevant to the investigation or  resulting
25        recommendations.
26        (c)  Not  less than 30 days after delivery of the summary
27    report  of  an  investigation  under  subsection   (a),   the
28    Executive  Inspector  General,  represented  by  the Attorney
29    General, may file with  the  Executive  Ethics  Commission  a
30    petition  for  leave  to file a complaint. The petition shall
31    set forth the alleged violation and the grounds that exist to
32    support probable cause. The petition  for  leave  to  file  a
33    complaint  must be filed with the Commission within 18 months
 
                            -30-     LRB093 03133 JAM 17133 a
 1    after an alleged violation of this Act.
 2        (d)  A copy  of  the  petition  must  be  served  on  all
 3    respondents  named  in the complaint and on each respondent's
 4    ultimate jurisdictional  authority  in  the  same  manner  as
 5    process is served under the Code of Civil Procedure.
 6        (e)  A respondent may file objections to the petition for
 7    leave  to file a complaint within 30 days after notice of the
 8    petition has been served on the respondent.
 9        (f)  The Commission shall meet, either in  person  or  by
10    telephone,  in  a closed session to review the sufficiency of
11    the complaint. If the  Commission  finds  that  complaint  is
12    sufficient, the Commission shall grant the petition for leave
13    to  file  the complaint. The Commission shall issue notice to
14    the Executive Inspector General and all  respondents  of  the
15    Commission's  ruling  on the sufficiency of the complaint. If
16    the complaint is deemed to sufficiently allege a violation of
17    this Act, then the Commission shall notify  the  parties  and
18    shall  include  a hearing date scheduled within 4 weeks after
19    the date of the notice, unless all of the parties consent  to
20    a  later date. If the complaint is deemed not to sufficiently
21    allege  a  violation,  then  the  Commission  shall  send  by
22    certified mail, return receipt requested,  a  notice  to  the
23    parties  of  the  decision to dismiss the complaint, and that
24    notice shall be made public.
25        (g)  On the scheduled date the Commission shall conduct a
26    closed meeting, either in person or, if the parties  consent,
27    by  telephone,  on  the  complaint  and allow all parties the
28    opportunity to  present  testimony  and  evidence.  All  such
29    proceedings shall be transcribed.
30        (h)  Within an appropriate time limit set by rules of the
31    Executive Ethics Commission, the Commission shall (i) dismiss
32    the complaint or (ii) issue a recommendation of discipline to
33    the  respondent  and the respondent's ultimate jurisdictional
34    authority  or  impose  an  administrative   fine   upon   the
 
                            -31-     LRB093 03133 JAM 17133 a
 1    respondent, or both.
 2        (i)  The  proceedings  on  any  complaint  filed with the
 3    Commission shall be conducted pursuant to  rules  promulgated
 4    by the Commission.
 5        (j)  The  Commission  may  designate  hearing officers to
 6    conduct proceeding as determined by rule of the Commission.
 7        (k)  In  all  proceedings  before  the  Commission,   the
 8    standard of proof is by a preponderance of the evidence.

 9        Section 20-55. Decisions; recommendations.
10        (a)  All  decisions  of  the  Executive Ethics Commission
11    must include a description of  the  alleged  misconduct,  the
12    decision  of  the  Commission, including any fines levied and
13    any recommendation of discipline, and the reasoning for  that
14    decision.  All decisions of the Commission shall be delivered
15    to the head of the appropriate State agency, the  appropriate
16    ultimate   jurisdictional   authority,  and  the  appropriate
17    Executive Inspector General. The Executive Ethics  Commission
18    shall  promulgate  rules  for the decision and recommendation
19    process.
20        (b)  If  the  Executive  Ethics   Commission   issues   a
21    recommendation  of  discipline  to an agency head or ultimate
22    jurisdictional  authority,  that  agency  head  or   ultimate
23    jurisdictional  authority must respond to that recommendation
24    in 30 days with a written response to  the  Executive  Ethics
25    Commission.  This  response  must  include  any  disciplinary
26    action  the  agency head or ultimate jurisdictional authority
27    has  taken  with  respect  to  the  officer  or  employee  in
28    question. If  the  agency  head  or  ultimate  jurisdictional
29    authority  did  not  take  any disciplinary action, or took a
30    different disciplinary action than that  recommended  by  the
31    Executive  Ethics  Commission,  the  agency  head or ultimate
32    jurisdictional authority must describe the  different  action
33    and  explain  the  reasons  for  the  different action in the
 
                            -32-     LRB093 03133 JAM 17133 a
 1    written response. This  response  must  be  served  upon  the
 2    Executive  Ethics  Commission  and  the appropriate Executive
 3    Inspector General within the 30-day period and is not  exempt
 4    from the provisions of the Freedom of Information Act.

 5        Section  20-60.  Appeals.  A  decision  of  the Executive
 6    Ethics Commission to impose a fine  is  subject  to  judicial
 7    review   under  the  Administrative  Review  Law.  All  other
 8    decisions by the Executive Ethics Commission  are  final  and
 9    not subject to review either administratively or judicially.

10        Section  20-65.  Investigations  not  concluded  within 6
11    months. If any investigation is not concluded within 6 months
12    after its initiation,  the  appropriate  Executive  Inspector
13    General  shall  notify  the  Executive  Ethics Commission and
14    appropriate ultimate jurisdictional authority of the  general
15    nature  of  the  allegation or information giving rise to the
16    investigation and the reasons for  failure  to  complete  the
17    investigation within 6 months.

18        Section  20-70.  Cooperation in investigations. It is the
19    duty of every officer and employee under the jurisdiction  of
20    an  Executive  Inspector  General,  including  any  inspector
21    general serving in any State agency under the jurisdiction of
22    that  Executive  Inspector  General,  to  cooperate  with the
23    Executive Inspector General in any  investigation  undertaken
24    pursuant   to   this   Act.  Failure  to  cooperate  with  an
25    investigation of the Executive Inspector General  is  grounds
26    for  disciplinary  action,  including  dismissal,  unless the
27    failure is based on (i) the attorney-client privilege or  any
28    other  privilege  or  right  recognized  by  law  or  (ii)  a
29    collective  bargaining  agreement  with  a labor organization
30    authorized and recognized under  the  Illinois  Public  Labor
31    Relations  Act  to be the exclusive bargaining representative
 
                            -33-     LRB093 03133 JAM 17133 a
 1    of affected employees.
 2        Nothing in  this  Section  limits  a  person's  right  to
 3    protection   against   self-incrimination   under  the  Fifth
 4    Amendment of the United States  Constitution  or  Article  I,
 5    Section 10, of the Constitution of the State of Illinois.

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

17        Section  20-85.  Annual reports. Each Executive Inspector
18    General shall submit an annual report to the executive branch
19    constitutional officers and the Executive Ethics  Commission,
20    on  a  date  determined  by  the Executive Ethics Commission,
21    indicating:
22             (1)  the number of allegations  received  since  the
23        date of the last report;
24             (2)  the  number  of  investigations initiated since
25        the date of the last report;
26             (3)  the number of  investigations  concluded  since
27        the date of the last report;
28             (4)  the  number of investigations pending as of the
29        reporting date; and
30             (5)  the number of  actions  filed  since  the  last
31        report  and  the  number  of  actions  pending before the
32        Commission as of the reporting date.
 
                            -34-     LRB093 03133 JAM 17133 a
 1        Section 20-90. Confidentiality.
 2        (a)  The identity of any individual providing information
 3    or  reporting  any  possible  or  alleged  misconduct  to  an
 4    Executive Inspector General, the Executive Ethics Commission,
 5    or the Executive Ethics Hotline shall  be  kept  confidential
 6    and  may  not  be  disclosed  without  the  consent  of  that
 7    individual,  unless  the individual consents to disclosure of
 8    his or her name or disclosure of the individual's identity is
 9    otherwise required by law.  The  confidentiality  granted  by
10    this  subsection  does  not  preclude  the  disclosure of the
11    identity of a person in any capacity other than as the source
12    of an allegation.
13        (b)  Commissioners,  employees,   and   agents   of   the
14    Executive   Ethics   Commission,   the  Executive  Inspectors
15    General, and employees  and  agents  of  each  Office  of  an
16    Executive Inspector General shall keep confidential and shall
17    not  disclose  information exempted from disclosure under the
18    Freedom of Information Act or by this Act.

19        Section 20-95. Exemptions.
20        (a)  Documents generated by an ethics officer under  this
21    Act  are  exempt  from  the  provisions  of  the  Freedom  of
22    Information Act.
23        (b)  Any  allegations  and related documents submitted to
24    an Executive Inspector General and any pleadings and  related
25    documents  brought before the Executive Ethics Commission are
26    exempt from the provisions of the Freedom of Information  Act
27    so  long  as  the Executive Ethics Commission does not make a
28    finding of a violation of this Act. If the  Executive  Ethics
29    Commission  finds  that  a violation has occurred, the entire
30    record of proceedings before the Commission, the decision and
31    recommendation, and the mandatory report from the agency head
32    or ultimate jurisdictional authority to the Executive  Ethics
33    Commission  are not exempt from the provisions of the Freedom
 
                            -35-     LRB093 03133 JAM 17133 a
 1    of Information Act but information contained therein that  is
 2    otherwise  exempt from the Freedom of Information Act must be
 3    redacted before disclosure as provided in Section  8  of  the
 4    Freedom of Information Act.
 5        (c)  Meetings  of  the Commission under Sections 20-5 and
 6    20-15 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 an Executive
10    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, (iii)
16    to the  Executive  Ethics  Commission;  or  (iv)  to  another
17    Inspector General appointed pursuant to this Act.

18                             ARTICLE 25
19                  LEGISLATIVE ETHICS COMMISSION AND
20                    LEGISLATIVE INSPECTOR GENERAL

21        Section 25-5. Legislative Ethics Commission.
22        (a) The Legislative Ethics Commission is created.
23        (b)  The Legislative Ethics Commission shall consist of 8
24    commissioners appointed 2 each by the President and  Minority
25    Leader  of  the Senate and the Speaker and Minority Leader of
26    the House of Representatives.
27        The terms of the initial commissioners shall commence  on
28    July  1,  2003. Each appointing authority shall designate one
29    appointee who shall serve for a 2-year term  running  through
30    June  30, 2005. Each appointing authority shall designate one
31    appointee who shall serve for a 4-year term  running  through
32    June  30, 2007. The initial appointments shall be made within
 
                            -36-     LRB093 03133 JAM 17133 a
 1    60 days after the effective date of this Act.
 2        After the initial terms, commissioners  shall  serve  for
 3    4-year  terms commencing on July 1 of the year of appointment
 4    and running through June 30 of  the  fourth  following  year.
 5    Commissioners  may  be  reappointed to one or more subsequent
 6    terms.
 7        Vacancies occurring other than at the end of a term shall
 8    be filled by the appointing authority only for the balance of
 9    the term of the commissioner whose office is vacant.
10        Terms shall run regardless of  whether  the  position  is
11    filled.
12        (c)    The    appointing    authorities   shall   appoint
13    commissioners who have experience holding governmental office
14    or  employment  and  shall  appoint  commissioners  from  the
15    general public. A person  is  not  eligible  to  serve  as  a
16    commissioner  if  that  person  (i)  has  been convicted of a
17    felony or a crime of dishonesty or moral turpitude, (ii)  is,
18    or  was within the preceding 12 months, engaged in activities
19    that require registration  under  the  Lobbyist  Registration
20    Act, (iii) is a relative of the appointing authority, or (iv)
21    is a State officer or employee.
22        (d)   The   Legislative   Ethics  Commission  shall  have
23    jurisdiction over members of the General Assembly  and    all
24    State  employees  whose  ultimate jurisdictional authority is
25    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
26    Commission,  or  (iii)  the  Joint  Committee  on Legislative
27    Support Services.  The  jurisdiction  of  the  Commission  is
28    limited to matters arising under this Act.
29        (e)  The  Legislative Ethics Commission must meet, either
30    in person or by other technological means, at  least  monthly
31    and  as  often  as  necessary.  At  the  first meeting of the
32    Legislative Ethics Commission, the commissioners shall choose
33    from their number a chairperson and other officers that  they
34    deem  appropriate. The terms of officers shall be for 2 years
 
                            -37-     LRB093 03133 JAM 17133 a
 1    commencing July 1 and running through June 30 of  the  second
 2    following  year.  Meetings  shall  be held at the call of the
 3    chairperson or any 3 commissioners. Official  action  by  the
 4    Commission   shall   require   the   affirmative  vote  of  5
 5    commissioners, and a quorum shall consist of 5 commissioners.
 6    Commissioners shall  receive  no  compensation,  but  may  be
 7    reimbursed for their reasonable expenses actually incurred in
 8    the performance of their duties.
 9        (f) No commissioner or employee of the Legislative Ethics
10    Commission  may  during  his  or  her  term of appointment or
11    employment:
12             (1) become a candidate for any elective office;
13             (2) hold  any  other  elected  or  appointed  public
14        office  except  for appointments on governmental advisory
15        boards or study commissions  or  as  otherwise  expressly
16        authorized by law;
17             (3)  be  actively  involved  in  the  affairs of any
18        political party or political organization; or
19             (4) actively participate in  any  campaign  for  any
20        elective office.
21        (g)  An  appointing  authority  may remove a commissioner
22    only for cause.
23        (h) The Legislative Ethics Commission  shall  appoint  an
24    Executive   Director.   The  compensation  of  the  Executive
25    Director shall be as determined by the Commission or  by  the
26    Compensation  Review  Board,  whichever amount is higher. The
27    Executive Director of the Legislative Ethics  Commission  may
28    employ   and   determine   the   compensation  of  staff,  as
29    appropriations permit.

30        Section 25-10. Office of Legislative Inspector General.
31        (a)  The Office of the Legislative Inspector  General  is
32    created.   The  Office  shall  be  under  the  direction  and
33    supervision of the Legislative Inspector General.
 
                            -38-     LRB093 03133 JAM 17133 a
 1        (b)  The Legislative Inspector General shall be appointed
 2    without regard to political affiliation  and  solely  on  the
 3    basis  of integrity and demonstrated ability. The Legislative
 4    Ethics  Commission  shall  diligently  search  out  qualified
 5    candidates for Legislative Inspector General and  shall  make
 6    recommendations to the General Assembly.
 7        The Legislative Inspector General shall be appointed by a
 8    joint   resolution   of   the   Senate   and   the  House  of
 9    Representatives, which may specify  the  date  on  which  the
10    appointment  takes  effect.  A  joint  resolution,  or  other
11    document  as  may  be  specified  by  the  Joint Rules of the
12    General  Assembly,  appointing  the   Legislative   Inspector
13    General  must  be  certified  by  the Speaker of the House of
14    Representatives and the President of  the  Senate  as  having
15    been  adopted  by the affirmative vote of three-fifths of the
16    members elected to each house,  respectively,  and  be  filed
17    with   the   Secretary  of  State.  The  appointment  of  the
18    Legislative Inspector General takes effect  on  the  day  the
19    appointment  is completed by the General Assembly, unless the
20    appointment specifies a later date on which it is  to  become
21    effective.
22        The   Legislative   Inspector   General  shall  have  the
23    following qualifications:
24             (1)  has not been convicted  of any felony under the
25        laws of this State, another State, or the United States;
26             (2)  has  earned  a  baccalaureate  degree  from  an
27        institution of higher education; and
28             (3)  has either (A) 5 or more years of service  with
29        a  federal,  State,  or  local law enforcement agency, at
30        least 2  years  of  which  have  been  in  a  progressive
31        investigatory capacity; (B) 5 or more years of service as
32        a  federal,  State, or local prosecutor; or (C) 5 or more
33        years of service as a senior manager or  executive  of  a
34        federal, State, or local agency.
 
                            -39-     LRB093 03133 JAM 17133 a
 1        The  Legislative  Inspector General may not be a relative
 2    of a commissioner.
 3        The term of the  initial  Legislative  Inspector  General
 4    shall commence on July 1, 2003 and shall run through June 30,
 5    2008.
 6        After the initial term, the Legislative Inspector General
 7    shall serve for 5-year terms commencing on July 1 of the year
 8    of  appointment  and  running  through  June  30 of the fifth
 9    following year. The  Legislative  Inspector  General  may  be
10    reappointed to one or more subsequent terms.
11        A vacancy occurring other than at the end of a term shall
12    be  filled  in the same manner as an appointment only for the
13    balance of the term  of  the  Legislative  Inspector  General
14    whose office is vacant.
15        Terms  shall  run  regardless  of whether the position is
16    filled.
17        (c)  The  Legislative  Inspector   General   shall   have
18    jurisdiction over the members of the General Assembly and all
19    State  employees  whose  ultimate jurisdictional authority is
20    (i)  a  legislative  leader,  (ii)  the   Senate   Operations
21    Commission,  or  (iii)  the  Joint  Committee  on Legislative
22    Support Services.
23        The jurisdiction of the Legislative Inspector General  is
24    limited to investigating conduct alleged to violate this Act.
25        (d)  The   compensation   of  the  Legislative  Inspector
26    General shall be determined by  the  Commission.  Subject  to
27    Section  25-45 of this Act, the Legislative Inspector General
28    has full authority to organize the Office of the  Legislative
29    Inspector General, including the employment and determination
30    of  the  compensation of staff, such as deputies, assistants,
31    and other employees, as appropriations permit.
32        (e)  No Legislative Inspector General or employee of  the
33    Office  of  the Legislative Inspector General may, during his
34    or her term of appointment or employment:
 
                            -40-     LRB093 03133 JAM 17133 a
 1             (1)  become a candidate for any elective office;
 2             (2)  hold any  other  elected  or  appointed  public
 3        office  except  for appointments on governmental advisory
 4        boards or study commissions  or  as  otherwise  expressly
 5        authorized by law;
 6             (3)  be  actively  involved  in  the  affairs of any
 7        political party or political organization; or
 8             (4)  actively participate in any  campaign  for  any
 9        elective office.
10        (f)  The  Commission may remove the Legislative Inspector
11    General only for cause.

12        Section  25-15.  Duties   of   the   Legislative   Ethics
13    Commission.  In addition to duties otherwise assigned by law,
14    the Legislative Ethics Commission shall  have  the  following
15    duties:
16        (1)  To promulgate rules governing the performance of its
17    duties and the exercise  of  its  powers  and  governing  the
18    investigations of the Legislative Inspector General.
19        (2)  To  conduct  administrative  hearings  and  rule  on
20    matters  brought  before the Commission only upon the receipt
21    of pleadings filed by the Legislative Inspector  General  and
22    not  upon  its  own  prerogative.  Any  other  allegations of
23    misconduct received by the Commission  from  a  person  other
24    than  the  Legislative Inspector General shall be referred to
25    the Office of the Legislative Inspector General.
26        (3) To  prepare  and  publish  manuals  and  guides  and,
27    working  with  the  Office  of  the Attorney General, oversee
28    training of employees under its  jurisdiction  that  explains
29    their duties.
30        (4) To prepare public information materials to facilitate
31    compliance, implementation, and enforcement of this Act.
32        (5) To submit reports as required by this Act.
33        (6)  To  make  rulings, issue recommendations, and impose
 
                            -41-     LRB093 03133 JAM 17133 a
 1    administrative fines, if appropriate, in connection with  the
 2    implementation and interpretation of this Act. The powers and
 3    duties  of  the  Commission  are  limited  to matters clearly
 4    within the purview of this Act.
 5        (7) To issue subpoenas with respect  to  matters  pending
 6    before  the  Commission,  subject  to  the provisions of this
 7    Article and in the discretion of the  Commission,  to  compel
 8    the attendance of witnesses for purposes of testimony and the
 9    production  of  documents  and other items for inspection and
10    copying.

11        Section  25-20.  Duties  of  the  Legislative   Inspector
12    General. In addition to duties otherwise assigned by law, the
13    Legislative   Inspector  General  shall  have  the  following
14    duties:
15        (1) To receive and investigate allegations of  violations
16    of  this  Act.  The Legislative Inspector General may receive
17    information through the Office of the  Legislative  Inspector
18    General,   through  an  ethics  commission,  or  through  the
19    Legislative Ethics Hotline. An investigation may be conducted
20    only in response to information reported to  the  Legislative
21    Inspector  General  as  provided in this Section and not upon
22    his or her own prerogative. The Legislative Inspector General
23    shall have the discretion to determine the appropriate  means
24    of  investigation  as  permitted  by  law  and as approved in
25    advance by the Attorney General.
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, subject to the advance  approval
30    of   the  Attorney  General,  to  compel  the  attendance  of
31    witnesses for the purposes of  testimony  and  production  of
32    documents and other items for inspection and copying.
33        (4)  To submit reports as required by this Act.
 
                            -42-     LRB093 03133 JAM 17133 a
 1        (5)  After  finding  probable cause, to file pleadings in
 2    the name  of  the  Legislative  Inspector  General  with  the
 3    Legislative  Ethics Commission, through the Attorney General,
 4    as provided in this Article.
 5        (6)  To assist and coordinate  the  ethics  officers  for
 6    State  agencies  under  the  jurisdiction  of the Legislative
 7    Inspector General and to work with those ethics officers.
 8        (7)  To participate  in  or  conduct,  when  appropriate,
 9    multi-jurisdictional investigations.
10        (8)  To  request,  as  the  Legislative Inspector General
11    deems appropriate, from ethics  officers  of  State  agencies
12    under his or her  jurisdiction, reports or information on (i)
13    the  content  of a State agency's ethics training program and
14    (ii) the percentage of new officers and  employees  who  have
15    completed ethics training.

16        Section   25-23.  Ethics   Officers.  The  President  and
17    Minority Leader of the Senate and the  Speaker  and  Minority
18    Leader  of the House of Representatives shall each appoint an
19    ethics officer for the legislative  members  of  his  or  her
20    legislative  caucus.  The head of each State agency under the
21    jurisdiction of the Legislative Ethics Commission, other than
22    the General Assembly, shall designate an ethics  officer  for
23    the State agency. Ethics Officers shall:
24             (1)  act  as  liaisons  between the State agency and
25        the Legislative Inspector General and between  the  State
26        agency and the Legislative Ethics Commission;
27             (2)  review  statements  of  economic  interest  and
28        disclosure  forms  of  officers,  senior  employees,  and
29        contract   monitors   before  they  are  filed  with  the
30        Secretary of State; and
31             (3)  provide guidance to officers and  employees  in
32        the  interpretation  and implementation of this Act. Such
33        guidance shall be  based,  wherever  possible,  upon  the
 
                            -43-     LRB093 03133 JAM 17133 a
 1        findings   and   opinions   of   the  Legislative  Ethics
 2        Commission.

 3        Section   25-25.   Legislative   Ethics   Hotline.    The
 4    Legislative  Ethics  Commission  shall  create and maintain a
 5    toll-free Legislative  Ethics  Hotline  for  the  purpose  of
 6    receiving  reports of allegations relating to conduct subject
 7    to the jurisdiction of the Legislative Ethics Commission. The
 8    Commission shall transmit  each  report  to  the  appropriate
 9    Inspector  General  or  other  ethics  commission in a timely
10    manner.

11        Section 25-35.  Administrative  subpoena;  compliance.  A
12    person  duly  subpoenaed  for  testimony, documents, or other
13    items who neglects or refuses to testify or produce documents
14    or other items under the requirements of the  subpoena  shall
15    be  subject  to punishment as may be determined by a court of
16    competent jurisdiction, unless the testimony,  documents,  or
17    other  items  are covered by the attorney-client privilege or
18    any other privilege or right recognized by  law.  Nothing  in
19    this  Section  limits  a person's right to protection against
20    self-incrimination under the Fifth Amendment  of  the  United
21    States   Constitution  or  Article  I,  Section  10,  of  the
22    Constitution of the State of Illinois.

23        Section 25-45. Standing; representation.
24        (a)  Only the Legislative  Inspector  General  may  bring
25    actions before the Legislative Ethics Commission.
26        (b)  The Attorney General shall represent the Legislative
27    Inspector  General  in all proceedings before the Commission,
28    except that the Attorney General may appoint special  counsel
29    to  represent  the  Legislative  Inspector General before the
30    Commission if the Attorney  General  deems  it  necessary  to
31    avoid   any  actual,  potential,  or  perceived  conflict  of
 
                            -44-     LRB093 03133 JAM 17133 a
 1    interest.
 2        (c)  Attorneys or special counsel serving in  the  Office
 3    of  the  Legislative  Inspector General shall be appointed or
 4    retained  by  the  Attorney  General,  shall  be  under   the
 5    supervision,  direction, and control of the Attorney General,
 6    and shall serve at the pleasure of the Attorney General.  The
 7    compensation  of  any assistant attorneys and special counsel
 8    appointed or retained  in  accordance  with  this  subsection
 9    shall  be  paid  by  the  Office of the Legislative Inspector
10    General.
11        (d)  Any State employee or officer named as a  respondent
12    in  a  complaint  is entitled to reimbursement for his or her
13    reasonable attorney's fees and expenses in defending  against
14    the  complaint  if  that  respondent  is  not  found  by  the
15    Commission to have violated this Act.

16        Section    25-50.  Investigation    reports;    complaint
17    procedure.
18        (a)  If  the  Legislative  Inspector  General,  upon  the
19    conclusion  of  an  investigation,  determines  that probable
20    cause exists to file pleadings with  the  Legislative  Ethics
21    Commission,  then  the  Legislative  Inspector  General shall
22    issue a summary report of the investigation. The report shall
23    be  delivered  to  the  appropriate  ultimate  jurisdictional
24    authority and to the head of each State agency affected by or
25    involved in the investigation, if appropriate.
26        (b)  The  summary  report  of  the  investigation   shall
27    include the following:
28             (1)  A  description  of  any  allegations  or  other
29        information received by the Legislative Inspector General
30        pertinent to the investigation.
31             (2)  A   description   of   any  alleged  misconduct
32        discovered in the course of the investigation.
33             (3)  Recommendations   for   any    corrective    or
 
                            -45-     LRB093 03133 JAM 17133 a
 1        disciplinary  action  to  be  taken  in  response  to any
 2        alleged misconduct described in the report, including but
 3        not limited to discharge.
 4             (4)  Other  information  the  Legislative  Inspector
 5        General deems relevant to the investigation or  resulting
 6        recommendations.
 7        (c)  Not  less than 30 days after delivery of the summary
 8    report  of  an  investigation  under  subsection   (a),   the
 9    Legislative  Inspector  General,  represented by the Attorney
10    General, may file with the Legislative  Ethics  Commission  a
11    petition  for  leave  to file a complaint. The petition shall
12    set forth the alleged violation and the grounds that exist to
13    support probable cause. The petition  for  leave  to  file  a
14    complaint  must be filed with the Commission within 18 months
15    after an alleged violation of this Act.
16        (d)  A copy  of  the  petition  must  be  served  on  all
17    respondents  named  in the complaint and on each respondent's
18    ultimate jurisdictional  authority  in  the  same  manner  as
19    process is served under the Code of Civil Procedure.
20        (e)  A respondent may file objections to the petition for
21    leave  to file a complaint within 30 days after notice of the
22    petition has been served on the respondent.
23        (f)  The Commission shall meet, either in  person  or  by
24    telephone,  in  a closed session to review the sufficiency of
25    the complaint. If the  Commission  finds  that  complaint  is
26    sufficient, the Commission shall grant the petition for leave
27    to  file  the complaint. The Commission shall issue notice to
28    the Legislative Inspector General and all respondents of  the
29    Commission's  ruling  on the sufficiency of the complaint. If
30    the complaint is deemed to sufficiently allege a violation of
31    this Act, then the Commission shall notify  the  parties  and
32    shall  include  a hearing date scheduled within 4 weeks after
33    the date of the notice, unless all of the parties consent  to
34    a  later date. If the complaint is deemed not to sufficiently
 
                            -46-     LRB093 03133 JAM 17133 a
 1    allege  a  violation,  then  the  Commission  shall  send  by
 2    certified mail, return receipt requested,  a  notice  to  the
 3    parties  of  the  decision to dismiss the complaint, and that
 4    notice shall be made public.
 5        (g)  On the scheduled date the Commission shall conduct a
 6    closed meeting, either in person or, if the parties  consent,
 7    by  telephone,  on  the  complaint  and allow all parties the
 8    opportunity to  present  testimony  and  evidence.  All  such
 9    proceedings shall be transcribed.
10        (h)  Within an appropriate time limit set by rules of the
11    Legislative  Ethics  Commission,  the  Commission  shall  (i)
12    dismiss  the  complaint  or  (ii)  issue  a recommendation of
13    discipline to the respondent and  the  respondent's  ultimate
14    jurisdictional  authority  or  impose  an administrative fine
15    upon the respondent, or both.
16        (i)  The proceedings on  any  complaint  filed  with  the
17    Commission  shall  be conducted pursuant to rules promulgated
18    by the Commission.
19        (j)  The Commission may  designate  hearing  officers  to
20    conduct proceeding as determined by rule of the Commission.
21        (k)  In   all  proceedings  before  the  Commission,  the
22    standard of proof is by a preponderance of the evidence.

23        Section 25-55. Decisions; recommendations.
24        (a)  All decisions of the Legislative  Ethics  Commission
25    must  include  a  description  of the alleged misconduct, the
26    decision of the Commission, including any  fines  levied  and
27    any  recommendation of discipline, and the reasoning for that
28    decision. All decisions of the Commission shall be  delivered
29    to  the head of the appropriate State agency, the appropriate
30    ultimate  jurisdictional  authority,  and   the   Legislative
31    Inspector  General.  The  Legislative Ethics Commission shall
32    promulgate rules for the decision and recommendation process.
33        (b)  If  the  Legislative  Ethics  Commission  issues   a
 
                            -47-     LRB093 03133 JAM 17133 a
 1    recommendation  of  discipline  to an agency head or ultimate
 2    jurisdictional  authority,  that  agency  head  or   ultimate
 3    jurisdictional  authority must respond to that recommendation
 4    in 30 days with a written response to the Legislative  Ethics
 5    Commission.  This  response  must  include  any  disciplinary
 6    action  the  agency head or ultimate jurisdictional authority
 7    has  taken  with  respect  to  the  officer  or  employee  in
 8    question. If  the  agency  head  or  ultimate  jurisdictional
 9    authority  did  not  take  any disciplinary action, or took a
10    different disciplinary action than that  recommended  by  the
11    Legislative  Ethics  Commission,  the agency head or ultimate
12    jurisdictional authority must describe the  different  action
13    and  explain  the  reasons  for  the  different action in the
14    written response. This  response  must  be  served  upon  the
15    Legislative  Ethics  Commission and the Legislative Inspector
16    General within the 30-day period and is not exempt  from  the
17    provisions of the Freedom of Information Act.

18        Section  25-60.  Appeals.  A  decision of the Legislative
19    Ethics Commission to impose a fine  is  subject  to  judicial
20    review   under  the  Administrative  Review  Law.  All  other
21    decisions by the Legislative Ethics Commission are final  and
22    not subject to review either administratively or judicially.

23        Section  25-65.  Investigations  not  concluded  within 6
24    months. If any investigation is not concluded within 6 months
25    after its initiation, the Legislative Inspector General shall
26    notify the  Legislative  Ethics  Commission  and  appropriate
27    ultimate  jurisdictional  authority  of the general nature of
28    the  allegation   or   information   giving   rise   to   the
29    investigation  and  the  reasons  for failure to complete the
30    investigation within 6 months.

31        Section 25-70. Cooperation in investigations. It  is  the
 
                            -48-     LRB093 03133 JAM 17133 a
 1    duty  of every officer and employee under the jurisdiction of
 2    the Legislative Inspector General,  including  any  inspector
 3    general serving in any State agency under the jurisdiction of
 4    the  Legislative  Inspector  General,  to  cooperate with the
 5    Legislative Inspector General in any investigation undertaken
 6    pursuant  to  this  Act.  Failure  to   cooperate   with   an
 7    investigation of the Legislative Inspector General is grounds
 8    for  disciplinary  action,  including  dismissal,  unless the
 9    failure is based on  the  attorney-client  privilege  or  any
10    other privilege or right recognized by law.
11        Nothing  in  this  Section  limits  a  person's  right to
12    protection  against  self-incrimination   under   the   Fifth
13    Amendment  of  the  United  States Constitution or Article I,
14    Section 10, of the Constitution of the State of Illinois.

15        Section  25-80.  Referrals  of  investigations.  If   the
16    Legislative  Inspector  General  determines  that any alleged
17    misconduct  involves  any   person   not   subject   to   the
18    jurisdiction   of  the  Legislative  Ethics  Commission,  the
19    Legislative  Inspector  General  shall  refer  the   reported
20    allegations  to  the  appropriate  ethics commission or other
21    appropriate  body.  If  the  Legislative  Inspector   General
22    determines  that  any  alleged  misconduct  may  give rise to
23    criminal penalties, the Legislative Inspector  General  shall
24    refer  the  allegations  regarding  that  misconduct  to  the
25    appropriate law enforcement authority.

26        Section  25-85. Annual reports. The Legislative Inspector
27    General shall submit an annual report to the General Assembly
28    and the Legislative Ethics Commission, on a  date  determined
29    by the Legislative Ethics Commission, indicating:
30             (1)  the  number  of  allegations received since the
31        date of the last report;
32             (2)  the number of  investigations  initiated  since
 
                            -49-     LRB093 03133 JAM 17133 a
 1        the date of the last report;
 2             (3)  the  number  of  investigations concluded since
 3        the date of the last report;
 4             (4)  the number of investigations pending as of  the
 5        reporting date; and
 6             (5)  the  number  of  actions  filed  since the last
 7        report and the  number  of  actions  pending  before  the
 8        Commission as of the reporting date.

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

27        Section 25-95. 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    the Legislative  Inspector  General  and  any  pleadings  and
 
                            -50-     LRB093 03133 JAM 17133 a
 1    related  documents  brought  before  the  Legislative  Ethics
 2    Commission  are  exempt from the provisions of the Freedom of
 3    Information Act so long as the Legislative Ethics  Commission
 4    does  not  make  a finding of a violation of this Act. If the
 5    Legislative Ethics Commission  finds  that  a  violation  has
 6    occurred,   the  entire  record  of  proceedings  before  the
 7    Commission,  the  decision  and   recommendation,   and   the
 8    mandatory   report   from   the   agency   head  or  ultimate
 9    jurisdictional authority to the Legislative Ethics Commission
10    are  not  exempt  from  the  provisions  of  the  Freedom  of
11    Information Act but information  contained  therein  that  is
12    exempt  from  the Freedom of Information Act must be redacted
13    before disclosure as provided in Section 8 of the Freedom  of
14    Information Act.
15        (c)  Meetings  of  the Commission under Sections 25-5 and
16    25-15 of this Act are exempt from the provisions of the  Open
17    Meetings Act.
18        (d)  Unless   otherwise   provided   in   this  Act,  all
19    investigatory  files  and  reports  of  the  Office  of   the
20    Legislative Inspector General, other than annual reports, are
21    confidential, are exempt from disclosure under the Freedom of
22    Information  Act,  and shall not be divulged to any person or
23    agency, except  as  necessary  (i)  to  the  appropriate  law
24    enforcement  authority  if the matter is referred pursuant to
25    this Act, (ii) to the  ultimate  jurisdiction  authority,  or
26    (iii) to the Legislative Ethics Commission.

27                             ARTICLE 30
28                           AUDITOR GENERAL

29        Section 30-5.  Appointment of Inspector General.
30        (a)  The  Auditor  General  shall  appoint  an  Inspector
31    General  (i)  to  investigate  allegations  of  violations of
32    Articles 5 and 10 by State officers and employees  under  his
 
                            -51-     LRB093 03133 JAM 17133 a
 1    or  her  jurisdiction  and  (ii)  to perform other duties and
 2    exercise other powers assigned to the Inspectors  General  by
 3    this  or  any  other  Act.  The  Inspector  General  shall be
 4    appointed within 6 months after the effective  date  of  this
 5    Act.
 6        (b)  The  Auditor  General  shall provide by rule for the
 7    operation of his or her Inspector General.
 8        (c)  The  Auditor  General  may   appoint   an   existing
 9    inspector  general  as the Inspector General required by this
10    Article, provided that  such  an  inspector  general  is  not
11    prohibited  by  law,  rule,  jurisdiction,  qualification, or
12    interest from serving as the Inspector  General  required  by
13    this Article.
14        The  Auditor  General  may  not appoint a relative as the
15    Inspector General required by this Article.

16        Section  30-10.  Ethics  Officers.  The  Auditor  General
17    shall designate an Ethics  Officer  for  the  office  of  the
18    Auditor General. The ethics officer shall:
19             (1)  act  as  liaison  between  the  Office  of  the
20        Auditor General and the Inspector General appointed under
21        this Article;
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.

28                             ARTICLE 50
29                              PENALTIES

30        Section 50-5.  Penalties.
31        (a)  A  person is guilty of a Class A misdemeanor if that
 
                            -52-     LRB093 03133 JAM 17133 a
 1    person intentionally violates any provision of Section  5-15,
 2    5-30, 5-40, or 5-45 or Article 15.
 3        (b)  A person who intentionally violates any provision of
 4    Section  5-20 or Section 5-35 is guilty of a business offense
 5    subject to a fine of at least $1,001 and up to $5,000.
 6        (c)  A person who intentionally violates any provision of
 7    Article 10 is guilty of a business offense and subject  to  a
 8    fine of at least $1,001 and up to $5,000.
 9        (d)  Any  person  who  intentionally makes a false report
10    alleging a violation of any  provision  of  this  Act  to  an
11    ethics  commission, an inspector general, the State Police, a
12    State's Attorney, the Attorney  General,  or  any  other  law
13    enforcement official is guilty of a Class A misdemeanor.
14        (e)  An ethics commission may levy an administrative fine
15    of up to $5,000 against any person who violates this Act, who
16    intentionally  obstructs  or interferes with an investigation
17    conducted under this Act by  an  inspector  general,  or  who
18    intentionally  makes  a  false  or  frivolous allegation of a
19    violation of this Act.
20        (f)  In addition to any other  penalty  that  may  apply,
21    whether  criminal  or  civil,  a director, a supervisor, or a
22    State employee who intentionally violates  any  provision  of
23    Section  5-15,  5-20,  5-30,  5-35,  or 5-40 or Article 10 or
24    Article 15 is subject  to  discipline  or  discharge  by  the
25    appropriate ultimate jurisdictional authority.

26                             ARTICLE 70
27                        GOVERNMENTAL ENTITIES

28        Section 70-5. Adoption by governmental entities.
29        (a)  Within  6  months  after  the effective date of this
30    Act, each governmental entity shall  adopt  an  ordinance  or
31    resolution  that  regulates,  in a manner no less restrictive
32    than Section 5-15  and  Article  10  of  this  Act,  (i)  the
 
                            -53-     LRB093 03133 JAM 17133 a
 1    political   activities  of  officers  and  employees  of  the
 2    governmental entity and (ii) the soliciting and accepting  of
 3    gifts by and the offering and making of gifts to officers and
 4    employees of the governmental entity.
 5        (b)  The  Attorney General shall develop model ordinances
 6    and resolutions for the purpose of  this  Article  and  shall
 7    advise governmental entities on their contents and adoption.
 8        (c)  As  used  in this Article, (i) an "officer" means an
 9    elected or appointed  official;  regardless  of  whether  the
10    official  is  compensated,  and  (ii)  an  "employee" means a
11    full-time, part-time, or contractual employee.

12        Section  70-10.  Penalties.  A  governmental  entity  may
13    provide in the  ordinance  or  resolution  required  by  this
14    Article  for  penalties similar to those provided in this Act
15    for similar conduct.

16        Section 70-15. Home rule preemption. This  Article  is  a
17    denial  and  limitation  of home rule powers and functions in
18    accordance with subsection (i) of Section 6 of Article VII of
19    the Illinois Constitution. A home rule unit may not  regulate
20    the  political  activities  of its officers and employees and
21    the soliciting, offering, accepting, and making of gifts in a
22    manner less restrictive than the provisions of this Act.

23                             ARTICLE 90
24                        AMENDATORY PROVISIONS

25        Section 90-3.  The Illinois Administrative Procedure  Act
26    is amended by adding Section 5-165 as follows:

27        (5 ILCS 100/5-165 new)
28        Sec. 5-165. Ex parte communications in rulemaking.
29        (a)  Notwithstanding   any  law  to  the  contrary,  this
 
                            -54-     LRB093 03133 JAM 17133 a
 1    Section applies to ex parte communications  made  during  the
 2    rulemaking process.
 3        (b)  "Ex  parte  communication" means any written or oral
 4    communication by any person required to be  registered  under
 5    the  Lobbyist  Registration  Act  to  an agency, agency head,
 6    administrative law judge, or other agency employee during the
 7    rulemaking  period  that  imparts  material  information   or
 8    argument   regarding  potential  action  concerning  general,
 9    emergency, or  peremptory  rulemaking  under  this  Act.  For
10    purposes  of  this Section, the rulemaking period begins upon
11    the commencement of the first notice period with  respect  to
12    general  rulemaking  under Section 5-40, upon the filing of a
13    notice of emergency rulemaking under Section  5-45,  or  upon
14    the  filing  of  a  notice  of  rulemaking  with  respect  to
15    peremptory   rulemaking   under   Section   5-50.  "Ex  parte
16    communication" does not include the following: (i) statements
17    by a person publicly made in a public forum; (ii)  statements
18    regarding  matters  of  procedure  and  practice, such as the
19    format of public comments, the number of copies required, the
20    manner  of  filing  such  comments,  and  the  status  of   a
21    rulemaking  proceeding;  and (iii) statements made by a State
22    official or State employee.
23        (c)  An ex parte communication  received  by  any  agency
24    head,  agency  employee, or administrative law judge shall be
25    made a part of  the  record  of  the  rulemaking  proceeding,
26    including  all  written communications, all written responses
27    to the communications, and a memorandum stating the substance
28    of all oral communications and all  responses  made  and  the
29    identity  of each person from whom the ex parte communication
30    was received.  The disclosure shall also contain the date  of
31    any ex parte communication.

32        Section  90-4.  The  Open  Meetings  Act  is  amended  by
33    changing Section 1.02 as follows:
 
                            -55-     LRB093 03133 JAM 17133 a
 1        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 2        Sec. 1.02.  For the purposes of this Act:
 3        "Meeting"  means  any gathering of a majority of a quorum
 4    of the members of a public  body  held  for  the  purpose  of
 5    discussing public business.
 6        "Public   body"   includes  all  legislative,  executive,
 7    administrative or advisory bodies  of  the  State,  counties,
 8    townships,   cities,  villages,  incorporated  towns,  school
 9    districts  and  all  other  municipal  corporations,  boards,
10    bureaus, committees or commissions of  this  State,  and  any
11    subsidiary  bodies  of any of the foregoing including but not
12    limited to committees and subcommittees which  are  supported
13    in  whole  or  in  part  by  tax revenue, or which expend tax
14    revenue,  except  the  General  Assembly  and  committees  or
15    commissions thereof. "Public body"  includes  tourism  boards
16    and  convention  or  civic  center boards located in counties
17    that are contiguous to the Mississippi River with populations
18    of more than 250,000 but less than  300,000.   "Public  body"
19    includes the Health Facilities Planning Board.  "Public body"
20    does  not  include  a child death review team or the Illinois
21    Child Death Review Teams Executive Council established  under
22    the  Child  Death  Review  Team  Act or an ethics commission,
23    ethics officer, or ultimate jurisdictional  authority  acting
24    under the State Officials and Employees Ethics Act State Gift
25    Ban Act as provided by Section 80 of that Act.
26    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

27        Section  90-5.  The Freedom of Information Act is amended
28    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:
 
                            -56-     LRB093 03133 JAM 17133 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
 
                            -57-     LRB093 03133 JAM 17133 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.
10             (c)  Records  compiled  by  any  public   body   for
11        administrative   enforcement   proceedings  and  any  law
12        enforcement or correctional agency  for  law  enforcement
13        purposes  or  for  internal matters of a public body, but
14        only to the extent that disclosure would:
15                  (i)  interfere with  pending  or  actually  and
16             reasonably  contemplated law enforcement proceedings
17             conducted by any  law  enforcement  or  correctional
18             agency;
19                  (ii)  interfere   with  pending  administrative
20             enforcement  proceedings  conducted  by  any  public
21             body;
22                  (iii)  deprive a person of a fair trial  or  an
23             impartial hearing;
24                  (iv)  unavoidably  disclose  the  identity of a
25             confidential  source  or  confidential   information
26             furnished only by the confidential source;
27                  (v)  disclose     unique     or     specialized
28             investigative  techniques other than those generally
29             used and known or  disclose  internal  documents  of
30             correctional    agencies   related   to   detection,
31             observation or investigation of incidents  of  crime
32             or misconduct;
33                  (vi)  constitute   an   invasion   of  personal
34             privacy under subsection (b) of this Section;
 
                            -58-     LRB093 03133 JAM 17133 a
 1                  (vii)  endanger the life or physical safety  of
 2             law enforcement personnel or any other person; or
 3                  (viii)  obstruct     an     ongoing    criminal
 4             investigation.
 5             (d)  Criminal history record information  maintained
 6        by  State  or local criminal justice agencies, except the
 7        following which shall be open for public  inspection  and
 8        copying:
 9                  (i)  chronologically      maintained     arrest
10             information, such  as  traditional  arrest  logs  or
11             blotters;
12                  (ii)  the  name of a person in the custody of a
13             law enforcement agency and  the  charges  for  which
14             that person is being held;
15                  (iii)  court records that are public;
16                  (iv)  records   that  are  otherwise  available
17             under State or local law; or
18                  (v)  records in which the requesting  party  is
19             the  individual identified, except as provided under
20             part (vii) of paragraph (c)  of  subsection  (1)  of
21             this Section.
22             "Criminal  history  record  information"  means data
23        identifiable  to  an   individual   and   consisting   of
24        descriptions   or   notations   of  arrests,  detentions,
25        indictments, informations, pre-trial proceedings, trials,
26        or other formal events in the criminal justice system  or
27        descriptions  or notations of criminal charges (including
28        criminal violations of local  municipal  ordinances)  and
29        the   nature   of   any  disposition  arising  therefrom,
30        including sentencing, court or correctional  supervision,
31        rehabilitation  and  release.  The term does not apply to
32        statistical records and reports in which individuals  are
33        not  identified  and  from which their identities are not
34        ascertainable, or to information  that  is  for  criminal
 
                            -59-     LRB093 03133 JAM 17133 a
 1        investigative or intelligence purposes.
 2             (e)  Records  that  relate to or affect the security
 3        of correctional institutions and detention facilities.
 4             (f)  Preliminary  drafts,  notes,   recommendations,
 5        memoranda   and  other  records  in  which  opinions  are
 6        expressed, or policies or actions are formulated,  except
 7        that  a  specific  record or relevant portion of a record
 8        shall not be exempt when the record is publicly cited and
 9        identified by the head of the public body. The  exemption
10        provided  in  this  paragraph  (f)  extends  to all those
11        records of officers and agencies of the General  Assembly
12        that pertain to the preparation of legislative documents.
13             (g)  Trade   secrets  and  commercial  or  financial
14        information obtained from a person or business where  the
15        trade  secrets or information are proprietary, privileged
16        or confidential, or where disclosure of the trade secrets
17        or information may cause competitive harm, including  all
18        information  determined  to be confidential under Section
19        4002 of the Technology Advancement and  Development  Act.
20        Nothing   contained   in  this  paragraph  (g)  shall  be
21        construed to prevent a person or business from consenting
22        to disclosure.
23             (h)  Proposals and bids for any contract, grant,  or
24        agreement,   including   information  which  if  it  were
25        disclosed  would  frustrate  procurement   or   give   an
26        advantage  to  any  person  proposing  to  enter  into  a
27        contractor  agreement  with  the  body, until an award or
28        final selection is made.  Information prepared by or  for
29        the  body  in  preparation of a bid solicitation shall be
30        exempt until an award or final selection is made.
31             (i)  Valuable formulae, computer geographic systems,
32        designs, drawings and research data obtained or  produced
33        by  any  public  body when disclosure could reasonably be
34        expected to produce private gain or public loss.
 
                            -60-     LRB093 03133 JAM 17133 a
 1             (j)  Test  questions,   scoring   keys   and   other
 2        examination   data   used   to   administer  an  academic
 3        examination  or  determined  the  qualifications  of   an
 4        applicant for a license or employment.
 5             (k)  Architects'   plans  and  engineers'  technical
 6        submissions for projects not constructed or developed  in
 7        whole  or  in  part  with  public  funds and for projects
 8        constructed or developed with public funds, to the extent
 9        that disclosure would compromise security.
10             (l)  Library   circulation   and    order    records
11        identifying library users with specific materials.
12             (m)  Minutes  of meetings of public bodies closed to
13        the public as provided in the Open Meetings Act until the
14        public body makes the minutes  available  to  the  public
15        under Section 2.06 of the Open Meetings Act.
16             (n)  Communications  between  a  public  body and an
17        attorney or auditor representing  the  public  body  that
18        would  not  be  subject  to  discovery in litigation, and
19        materials prepared or compiled by or for a public body in
20        anticipation  of  a  criminal,  civil  or  administrative
21        proceeding upon the request of an attorney  advising  the
22        public  body,  and  materials  prepared  or compiled with
23        respect to internal audits of public bodies.
24             (o)  Information received by a primary or  secondary
25        school,  college  or  university under its procedures for
26        the evaluation  of  faculty  members  by  their  academic
27        peers.
28             (p)  Administrative    or    technical   information
29        associated with  automated  data  processing  operations,
30        including   but   not   limited  to  software,  operating
31        protocols,  computer  program  abstracts,  file  layouts,
32        source  listings,  object  modules,  load  modules,  user
33        guides,  documentation  pertaining  to  all  logical  and
34        physical  design  of   computerized   systems,   employee
 
                            -61-     LRB093 03133 JAM 17133 a
 1        manuals,  and  any  other information that, if disclosed,
 2        would jeopardize the security of the system or  its  data
 3        or the security of materials exempt under this Section.
 4             (q)  Documents  or  materials relating to collective
 5        negotiating  matters  between  public  bodies  and  their
 6        employees  or  representatives,  except  that  any  final
 7        contract or agreement shall be subject to inspection  and
 8        copying.
 9             (r)  Drafts,  notes,  recommendations  and memoranda
10        pertaining to the financing and marketing transactions of
11        the public body. The records of ownership,  registration,
12        transfer, and exchange of municipal debt obligations, and
13        of   persons  to  whom  payment  with  respect  to  these
14        obligations is made.
15             (s)  The records, documents and information relating
16        to  real  estate  purchase   negotiations   until   those
17        negotiations have been completed or otherwise terminated.
18        With regard to a parcel involved in a pending or actually
19        and  reasonably  contemplated  eminent  domain proceeding
20        under  Article  VII  of  the  Code  of  Civil  Procedure,
21        records,  documents  and  information  relating  to  that
22        parcel shall be exempt except as  may  be  allowed  under
23        discovery  rules  adopted  by the Illinois Supreme Court.
24        The records, documents and information relating to a real
25        estate sale shall be exempt until a sale is consummated.
26             (t)  Any and all proprietary information and records
27        related to the operation  of  an  intergovernmental  risk
28        management  association or self-insurance pool or jointly
29        self-administered  health  and  accident  cooperative  or
30        pool.
31             (u)  Information    concerning    a     university's
32        adjudication   of   student   or  employee  grievance  or
33        disciplinary cases, to the extent that  disclosure  would
34        reveal  the  identity  of  the  student  or  employee and
 
                            -62-     LRB093 03133 JAM 17133 a
 1        information concerning any public body's adjudication  of
 2        student  or  employee  grievances  or disciplinary cases,
 3        except for the final outcome of the cases.
 4             (v)  Course materials or research materials used  by
 5        faculty members.
 6             (w)  Information  related  solely  to  the  internal
 7        personnel rules and practices of a public body.
 8             (x)  Information   contained   in   or   related  to
 9        examination, operating, or condition reports prepared by,
10        on behalf of, or for the use of a public body responsible
11        for  the   regulation   or   supervision   of   financial
12        institutions or insurance companies, unless disclosure is
13        otherwise required by State law.
14             (y)  Information   the   disclosure   of   which  is
15        restricted under Section 5-108 of  the  Public  Utilities
16        Act.
17             (z)  Manuals  or instruction to staff that relate to
18        establishment or collection of liability  for  any  State
19        tax  or that relate to investigations by a public body to
20        determine violation of any criminal law.
21             (aa)  Applications, related documents,  and  medical
22        records    received    by    the    Experimental    Organ
23        Transplantation   Procedures   Board   and  any  and  all
24        documents or other records prepared by  the  Experimental
25        Organ  Transplantation  Procedures  Board  or  its  staff
26        relating to applications it has received.
27             (bb)  Insurance  or  self  insurance  (including any
28        intergovernmental risk  management  association  or  self
29        insurance   pool)   claims,   loss   or  risk  management
30        information, records, data, advice or communications.
31             (cc)  Information and records held by the Department
32        of  Public  Health  and  its  authorized  representatives
33        relating  to  known  or  suspected  cases   of   sexually
34        transmissible  disease  or any information the disclosure
 
                            -63-     LRB093 03133 JAM 17133 a
 1        of  which  is  restricted  under  the  Illinois  Sexually
 2        Transmissible Disease Control Act.
 3             (dd)  Information  the  disclosure   of   which   is
 4        exempted under Section 30 of the Radon Industry Licensing
 5        Act.
 6             (ee)  Firm  performance evaluations under Section 55
 7        of the Architectural,  Engineering,  and  Land  Surveying
 8        Qualifications Based Selection Act.
 9             (ff)  Security  portions  of  system  safety program
10        plans, investigation reports, surveys, schedules,  lists,
11        data,  or information compiled, collected, or prepared by
12        or  for  the  Regional  Transportation  Authority   under
13        Section 2.11 of the Regional Transportation Authority Act
14        or  the  St.  Clair  County  Transit  District  under the
15        Bi-State Transit Safety Act.
16             (gg)  Information  the  disclosure   of   which   is
17        restricted  and exempted under Section 50 of the Illinois
18        Prepaid Tuition Act.
19             (hh)  Information  the  disclosure   of   which   is
20        exempted  under  the State Officials and Employees Ethics
21        Act Section 80 of the State Gift Ban Act.
22             (ii)  Beginning July 1, 1999, information that would
23        disclose or might lead to the  disclosure  of  secret  or
24        confidential information, codes, algorithms, programs, or
25        private  keys intended to be used to create electronic or
26        digital signatures under the Electronic Commerce Security
27        Act.
28             (jj)  Information contained  in  a  local  emergency
29        energy  plan  submitted  to  a municipality in accordance
30        with a local emergency  energy  plan  ordinance  that  is
31        adopted under Section 11-21.5-5 of the Illinois Municipal
32        Code.
33             (kk)  Information    and    data    concerning   the
34        distribution of surcharge moneys collected  and  remitted
 
                            -64-     LRB093 03133 JAM 17133 a
 1        by   wireless   carriers  under  the  Wireless  Emergency
 2        Telephone Safety Act.
 3        (2)  This  Section  does  not  authorize  withholding  of
 4    information or limit  the  availability  of  records  to  the
 5    public,  except  as  stated  in  this  Section  or  otherwise
 6    provided in this Act.
 7    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
 8    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
 9    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
10    eff. 7-11-02.)

11        Section 90-5.5.  The Illinois Public Labor Relations  Act
12    is amended by changing Section 3 as follows:

13        (5 ILCS 315/3) (from Ch. 48, par. 1603)
14        Sec.  3.  Definitions.   As  used in this Act, unless the
15    context otherwise requires:
16        (a)  "Board" means the Illinois Labor Relations Board or,
17    with respect to a matter over which the jurisdiction  of  the
18    Board is assigned to the State Panel or the Local Panel under
19    Section 5, the panel having jurisdiction over the matter.
20        (b)  "Collective  bargaining" means bargaining over terms
21    and conditions of employment,  including  hours,  wages,  and
22    other  conditions of employment, as detailed in Section 7 and
23    which are not excluded by Section 4.
24        (c)  "Confidential employee" means an  employee  who,  in
25    the  regular course of his or her duties, assists and acts in
26    a confidential capacity to persons who formulate,  determine,
27    and  effectuate  management  policies  with  regard  to labor
28    relations or who, in the regular course of his or her duties,
29    has  authorized  access  to  information  relating   to   the
30    effectuation   or   review   of   the  employer's  collective
31    bargaining policies.
32        (d)  "Craft employees" means skilled  journeymen,  crafts
 
                            -65-     LRB093 03133 JAM 17133 a
 1    persons, and their apprentices and helpers.
 2        (e)  "Essential  services  employees"  means those public
 3    employees  performing  functions  so   essential   that   the
 4    interruption or termination of the function will constitute a
 5    clear  and  present  danger  to  the health and safety of the
 6    persons in the affected community.
 7        (f)  "Exclusive representative", except with  respect  to
 8    non-State  fire  fighters  and  paramedics  employed  by fire
 9    departments and fire protection  districts,  non-State  peace
10    officers,  and  peace  officers  in  the  Department of State
11    Police, means  the  labor  organization  that  has  been  (i)
12    designated  by  the Board as the representative of a majority
13    of public employees in  an  appropriate  bargaining  unit  in
14    accordance  with  the  procedures contained in this Act, (ii)
15    historically recognized by  the  State  of  Illinois  or  any
16    political  subdivision  of the State before July 1, 1984 (the
17    effective date of this Act) as the  exclusive  representative
18    of  the employees in an appropriate bargaining unit, or (iii)
19    after  July  1,  1984  (the  effective  date  of  this   Act)
20    recognized  by  an  employer upon evidence, acceptable to the
21    Board, that the labor organization has been designated as the
22    exclusive representative by a majority of the employees in an
23    appropriate bargaining unit.
24        With respect to non-State fire  fighters  and  paramedics
25    employed  by  fire departments and fire protection districts,
26    non-State  peace  officers,  and  peace   officers   in   the
27    Department  of State Police, "exclusive representative" means
28    the labor organization that has been (i)  designated  by  the
29    Board  as  the representative of a majority of peace officers
30    or  fire  fighters  in  an  appropriate  bargaining  unit  in
31    accordance with the procedures contained in  this  Act,  (ii)
32    historically  recognized  by  the  State  of  Illinois or any
33    political subdivision of the State  before  January  1,  1986
34    (the  effective  date  of this amendatory Act of 1985) as the
 
                            -66-     LRB093 03133 JAM 17133 a
 1    exclusive representative by a majority of the peace  officers
 2    or  fire fighters in an appropriate bargaining unit, or (iii)
 3    after January 1, 1986 (the effective date of this  amendatory
 4    Act  of  1985)  recognized  by  an  employer  upon  evidence,
 5    acceptable to the Board, that the labor organization has been
 6    designated  as  the exclusive representative by a majority of
 7    the  peace  officers  or  fire  fighters  in  an  appropriate
 8    bargaining unit.
 9        (g)  "Fair share agreement" means  an  agreement  between
10    the  employer and an employee organization under which all or
11    any of the employees in  a  collective  bargaining  unit  are
12    required to pay their proportionate share of the costs of the
13    collective  bargaining  process, contract administration, and
14    pursuing matters affecting wages, hours, and other conditions
15    of employment, but not to exceed the amount of dues uniformly
16    required of members. The amount certified  by  the  exclusive
17    representative  shall  not include any fees for contributions
18    related to the election  or  support  of  any  candidate  for
19    political  office.  Nothing  in  this  subsection  (g)  shall
20    preclude   an   employee   from  making  voluntary  political
21    contributions in conjunction  with  his  or  her  fair  share
22    payment.
23        (g-1)  "Fire fighter" means, for the purposes of this Act
24    only,  any person who has been or is hereafter appointed to a
25    fire department or fire protection district or employed by  a
26    state  university  and  sworn or commissioned to perform fire
27    fighter duties or paramedic duties, except that the following
28    persons are not included: part-time fire fighters, auxiliary,
29    reserve or voluntary fire fighters,  including  paid  on-call
30    fire  fighters,  clerks  and  dispatchers  or  other civilian
31    employees of a fire department or  fire  protection  district
32    who  are  not  routinely  expected  to  perform  fire fighter
33    duties, or elected officials.
34        (g-2)  "General Assembly of the State of Illinois"  means
 
                            -67-     LRB093 03133 JAM 17133 a
 1    the  legislative  branch  of  the  government of the State of
 2    Illinois,  as  provided  for  under   Article   IV   of   the
 3    Constitution  of  the  State of Illinois, and includes but is
 4    not limited to the House of Representatives, the Senate,  the
 5    Speaker  of the House of Representatives, the Minority Leader
 6    of the House of Representatives, the President of the Senate,
 7    the Minority Leader of the Senate,  the  Joint  Committee  on
 8    Legislative  Support  Services  and  any  legislative support
 9    services  agency  listed  in   the   Legislative   Commission
10    Reorganization Act of 1984.
11        (h)  "Governing  body"  means,  in the case of the State,
12    the State Panel of the Illinois Labor  Relations  Board,  the
13    Director  of  the  Department of Central Management Services,
14    and the Director of the Department of Labor; the county board
15    in the case of a county; the  corporate  authorities  in  the
16    case  of  a municipality; and the appropriate body authorized
17    to provide for expenditures of its funds in the case  of  any
18    other unit of government.
19        (i)  "Labor organization" means any organization in which
20    public employees participate and that exists for the purpose,
21    in  whole  or  in  part,  of  dealing  with a public employer
22    concerning wages, hours, and other terms  and  conditions  of
23    employment, including the settlement of grievances.
24        (j)  "Managerial  employee"  means  an  individual who is
25    engaged predominantly in executive and  management  functions
26    and  is  charged  with  the  responsibility  of directing the
27    effectuation of management policies and practices.
28        (k)  "Peace officer" means, for the purposes of this  Act
29    only, any persons who have been or are hereafter appointed to
30    a   police   force,   department,  or  agency  and  sworn  or
31    commissioned  to  perform  police  duties,  except  that  the
32    following  persons  are  not   included:   part-time   police
33    officers,   special  police  officers,  auxiliary  police  as
34    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
 
                            -68-     LRB093 03133 JAM 17133 a
 1    night watchmen, "merchant police", court security officers as
 2    defined  by  Section 3-6012.1 of the Counties Code, temporary
 3    employees, traffic guards or wardens, civilian parking  meter
 4    and   parking   facilities  personnel  or  other  individuals
 5    specially appointed to aid  or  direct  traffic  at  or  near
 6    schools  or  public  functions  or to aid in civil defense or
 7    disaster,  parking  enforcement   employees   who   are   not
 8    commissioned  as peace officers and who are not armed and who
 9    are not routinely expected to  effect  arrests,  parking  lot
10    attendants,   clerks   and   dispatchers  or  other  civilian
11    employees of  a  police  department  who  are  not  routinely
12    expected to effect arrests, or elected officials.
13        (l)  "Person"  includes  one  or  more individuals, labor
14    organizations, public employees, associations,  corporations,
15    legal  representatives,  trustees,  trustees  in  bankruptcy,
16    receivers,   or  the  State  of  Illinois  or  any  political
17    subdivision of the State or  governing  body,  but  does  not
18    include  the General Assembly of the State of Illinois or any
19    individual employed by the General Assembly of the  State  of
20    Illinois.
21        (m)  "Professional  employee"  means any employee engaged
22    in work predominantly intellectual and  varied  in  character
23    rather  than  routine  mental, manual, mechanical or physical
24    work; involving the consistent  exercise  of  discretion  and
25    adjustment  in  its performance; of such a character that the
26    output  produced  or  the  result  accomplished   cannot   be
27    standardized  in  relation  to  a  given  period of time; and
28    requiring  advanced  knowledge  in  a  field  of  science  or
29    learning  customarily  acquired  by  a  prolonged  course  of
30    specialized  intellectual  instruction  and   study   in   an
31    institution   of   higher   learning   or   a   hospital,  as
32    distinguished from  a  general  academic  education  or  from
33    apprenticeship or from training in the performance of routine
34    mental,  manual,  or  physical processes; or any employee who
 
                            -69-     LRB093 03133 JAM 17133 a
 1    has  completed  the  courses  of   specialized   intellectual
 2    instruction  and  study prescribed in this subsection (m) and
 3    is  performing  related  work  under  the  supervision  of  a
 4    professional person  to  qualify  to  become  a  professional
 5    employee as defined in this subsection (m).
 6        (n)  "Public employee" or "employee", for the purposes of
 7    this Act, means any individual employed by a public employer,
 8    including  interns  and  residents  at  public hospitals, but
 9    excluding all of the  following:  employees  of  the  General
10    Assembly   of  the  State  of  Illinois;  elected  officials;
11    executive  heads  of  a  department;  members  of  boards  or
12    commissions; the Executive Inspectors General;  employees  of
13    each  Office of an Executive Inspector General; commissioners
14    and  employees  of  the  Executive  Ethics  Commission;   the
15    Legislative Inspector General; employees of the Office of the
16    Legislative Inspector General; commissioners and employees of
17    the  Legislative  Ethics Commission; employees of any agency,
18    board or commission created by this Act; employees  appointed
19    to  State  positions  of a temporary or emergency nature; all
20    employees  of   school   districts   and   higher   education
21    institutions  except firefighters and peace officers employed
22    by  a  state  university;  managerial  employees;  short-term
23    employees; confidential employees;  independent  contractors;
24    and supervisors except as provided in this Act.
25        Notwithstanding  Section  9, subsection (c), or any other
26    provisions of this Act, all peace officers above the rank  of
27    captain   in   municipalities   with   more   than  1,000,000
28    inhabitants shall be excluded from this Act.
29        (o)  "Public employer" or "employer" means the  State  of
30    Illinois;  any  political  subdivision  of the State, unit of
31    local government or school  district;  authorities  including
32    departments,  divisions,  bureaus,  boards,  commissions,  or
33    other  agencies  of  the  foregoing  entities; and any person
34    acting within the scope of his or her authority,  express  or
 
                            -70-     LRB093 03133 JAM 17133 a
 1    implied,  on  behalf  of  those  entities in dealing with its
 2    employees. "Public employer" or "employer" as  used  in  this
 3    Act, however, does not mean and shall not include the General
 4    Assembly  of  the  State  of  Illinois,  the Executive Ethics
 5    Commission, the Offices of the Executive Inspectors  General,
 6    the   Legislative   Ethics  Commission,  the  Office  of  the
 7    Legislative Inspector General, and educational  employers  or
 8    employers  as  defined  in  the  Illinois  Educational  Labor
 9    Relations  Act,  except with respect to a state university in
10    its employment of firefighters and  peace  officers.   County
11    boards  and  county  sheriffs shall be designated as joint or
12    co-employers of county peace  officers  appointed  under  the
13    authority  of  a  county sheriff.  Nothing in this subsection
14    (o) shall be construed to prevent  the  State  Panel  or  the
15    Local  Panel  from  determining  that  employers are joint or
16    co-employers.
17        (p)  "Security  employee"  means  an  employee   who   is
18    responsible  for  the  supervision  and control of inmates at
19    correctional  facilities.   The  term  also  includes   other
20    non-security   employees   in  bargaining  units  having  the
21    majority of employees being responsible for  the  supervision
22    and control of inmates at correctional facilities.
23        (q)  "Short-term  employee"  means  an  employee  who  is
24    employed for less than 2 consecutive calendar quarters during
25    a  calendar year and who does not have a reasonable assurance
26    that he or she will be rehired by the same employer  for  the
27    same service in a subsequent calendar year.
28        (r)  "Supervisor"  is an employee whose principal work is
29    substantially different from that of his or her  subordinates
30    and  who  has  authority, in the interest of the employer, to
31    hire, transfer, suspend, lay off, recall, promote, discharge,
32    direct, reward, or  discipline  employees,  to  adjust  their
33    grievances, or to effectively recommend any of those actions,
34    if  the exercise of that authority is not of a merely routine
 
                            -71-     LRB093 03133 JAM 17133 a
 1    or clerical  nature,  but  requires  the  consistent  use  of
 2    independent   judgment.   Except   with   respect  to  police
 3    employment,  the  term  "supervisor"  includes   only   those
 4    individuals  who  devote  a preponderance of their employment
 5    time  to  exercising  that   authority,   State   supervisors
 6    notwithstanding.   In  addition,  in  determining supervisory
 7    status in police employment, rank shall not be determinative.
 8    The Board shall consider,  as  evidence  of  bargaining  unit
 9    inclusion  or  exclusion, the common law enforcement policies
10    and  relationships   between   police   officer   ranks   and
11    certification under applicable civil service law, ordinances,
12    personnel  codes,  or  Division  2.1  of  Article  10  of the
13    Illinois Municipal Code, but these factors shall not  be  the
14    sole  or  predominant  factors  considered  by  the  Board in
15    determining police supervisory status.
16        Notwithstanding   the   provisions   of   the   preceding
17    paragraph, in determining supervisory status in fire  fighter
18    employment, no fire fighter shall be excluded as a supervisor
19    who  has established representation rights under Section 9 of
20    this Act.  Further, in  new  fire  fighter  units,  employees
21    shall consist of fire fighters of the rank of company officer
22    and  below.  If  a  company  officer otherwise qualifies as a
23    supervisor under the preceding paragraph, however, he or  she
24    shall  not be included in the fire fighter unit.  If there is
25    no rank  between  that  of  chief  and  the  highest  company
26    officer,  the employer may designate a position on each shift
27    as  a  Shift  Commander,  and  the  persons  occupying  those
28    positions shall be supervisors.  All other ranks  above  that
29    of company officer shall be supervisors.
30        (s) (1)  "Unit"  means  a class of jobs or positions that
31        are held by  employees  whose  collective  interests  may
32        suitably  be  represented  by  a  labor  organization for
33        collective bargaining.  Except with respect to  non-State
34        fire fighters and paramedics employed by fire departments
 
                            -72-     LRB093 03133 JAM 17133 a
 1        and  fire protection districts, non-State peace officers,
 2        and peace officers in the Department of State  Police,  a
 3        bargaining unit determined by the Board shall not include
 4        both  employees  and  supervisors,  or  supervisors only,
 5        except as provided in paragraph (2)  of  this  subsection
 6        (s)  and except for bargaining units in existence on July
 7        1, 1984 (the effective date of this Act).   With  respect
 8        to  non-State  fire  fighters  and paramedics employed by
 9        fire departments and fire protection districts, non-State
10        peace officers, and peace officers in the  Department  of
11        State  Police,  a bargaining unit determined by the Board
12        shall not include both supervisors and nonsupervisors, or
13        supervisors only, except as provided in paragraph (2)  of
14        this  subsection  (s)  and except for bargaining units in
15        existence on January 1, 1986 (the effective date of  this
16        amendatory Act of 1985).  A bargaining unit determined by
17        the  Board  to  contain  peace  officers shall contain no
18        employees other  than  peace  officers  unless  otherwise
19        agreed  to  by the employer and the labor organization or
20        labor organizations involved.  Notwithstanding any  other
21        provision  of  this  Act,  a bargaining unit, including a
22        historical  bargaining  unit,  containing   sworn   peace
23        officers of the Department of Natural Resources (formerly
24        designated  the Department of Conservation) shall contain
25        no employees other than such sworn  peace  officers  upon
26        the effective date of this amendatory Act of 1990 or upon
27        the   expiration   date   of  any  collective  bargaining
28        agreement in effect  upon  the  effective  date  of  this
29        amendatory  Act  of  1990  covering both such sworn peace
30        officers and other employees.
31             (2)  Notwithstanding the  exclusion  of  supervisors
32        from  bargaining  units  as  provided in paragraph (1) of
33        this subsection (s),  a  public  employer  may  agree  to
34        permit its supervisory employees to form bargaining units
 
                            -73-     LRB093 03133 JAM 17133 a
 1        and  may  bargain with those units.  This Act shall apply
 2        if the public employer  chooses  to  bargain  under  this
 3        subsection.
 4    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
 5    91-798, eff. 7-9-00.)

 6        (5 ILCS 320/Act rep.)
 7        Section 90-6.  The State Employees Political Activity Act
 8    is  repealed on the effective date of the State Officials and
 9    Employees Ethics Act.

10        (5 ILCS 395/Act rep.)
11        Section 90-6.5.  The Whistle  Blower  Protection  Act  is
12    repealed  on  the  effective  date of the State Officials and
13    Employees Ethics Act.

14        Section 90-7.  The Illinois Governmental  Ethics  Act  is
15    amended by adding Article 3A as follows:

16        (5 ILCS 420/Art. 3A heading new)

17                             ARTICLE 3A
18                       GOVERNMENTAL APPOINTEES

19        (5 ILCS 420/3A-5 new)
20        Sec. 3A-5.  Definitions.  As used in this Article:
21        "Late  term appointee" means a person who is appointed to
22    an office by a Governor  who  does  not  succeed  himself  or
23    herself  as  Governor,  whose appointment requires the advice
24    and consent of the Senate, and whose appointment is confirmed
25    by the Senate  90  or  fewer  days  before  the  end  of  the
26    appointing Governor's term.
27        "Succeeding   Governor"  means  the  Governor  in  office
28    immediately  after  a  Governor  who  appoints  a  late  term
29    appointee.
 
                            -74-     LRB093 03133 JAM 17133 a
 1        (5 ILCS 420/3A-10 new)
 2        Sec. 3A-10.  Late term appointee's  term  of  office.   A
 3    late  term  appointee shall serve no longer than the sixtieth
 4    day of the term of office of the succeeding Governor.

 5        (5 ILCS 420/3A-15 new)
 6        Sec. 3A-15.  Vacancy created.  Upon the  earlier  of  the
 7    resignation of a late term appointee or the conclusion of the
 8    sixtieth  day  of  the  term of the succeeding Governor, that
 9    appointed office shall be considered vacant.  The  succeeding
10    Governor  may  then make an appointment to fill that vacancy,
11    regardless of whether the statute that creates the  appointed
12    office provides for appointment to fill a vacancy.  All other
13    requirements of law applicable to that appointed office shall
14    apply  to  the succeeding Governor's appointee, including but
15    not limited to eligibility, qualifications, and  confirmation
16    by the Senate.

17        (5 ILCS 420/3A-20 new)
18        Sec.  3A-20.  Term  of appointee.  The  term of office of
19    an appointee filling a vacancy created  under  Section  3A-15
20    shall  be  the  term  of  any  appointee filling a vacancy as
21    provided by the statute that creates  the  appointed  office.
22    If  the  statute  that  creates the appointed office does not
23    specify the term to be  served  by  an  appointee  filling  a
24    vacancy, the term of the appointee shall be for the remainder
25    of the term the late term appointee would have otherwise been
26    entitled to fill.

27        (5 ILCS 420/3A-25 new)
28        Sec.  3A-25.  Reappointment.   Nothing  in  this  Article
29    prohibits   a   succeeding   Governor  from  reappointing  an
30    otherwise qualified late term appointee to fill  the  vacancy
31    created under Section 3A-15.
 
                            -75-     LRB093 03133 JAM 17133 a
 1        (5 ILCS 420/3A-30 new)
 2        Sec. 3A-30.  Disclosure.
 3        (a)  Upon  appointment to a board, commission, authority,
 4    or task force authorized or created by State  law,  a  person
 5    must  file  with  the  Secretary of State a disclosure of all
 6    contracts the person or his or her spouse or immediate family
 7    members living with the person have with the  State  and  all
 8    contracts  between  the  State  and  any  entity in which the
 9    person or his or  her  spouse  or  immediate  family  members
10    living with the person have a majority financial interest.
11        (b)  Violation  of  this  Section  is  a business offense
12    punishable by a fine of $1,001.
13        (c)  The Secretary of State  must  adopt  rules  for  the
14    implementation    and   administration   of   this   Section.
15    Disclosures filed under this Section are public records.

16        (5 ILCS 420/3A-35 new)
17        Sec. 3A-35.  Conflicts of interests.
18        (a)  In addition to the provisions of subsection  (a)  of
19    Section  50-13  of  the  Illinois  Procurement  Code,  it  is
20    unlawful  for  an  appointed  member  of a board, commission,
21    authority, or task force authorized or created by  State  law
22    or  by  executive  order  of  the Governor, the spouse of the
23    appointee, or an immediate family  member  of  the  appointee
24    living  in  the  appointee's  residence  to have or acquire a
25    contract or have or acquire a direct pecuniary interest in  a
26    contract   with   the   State  that  relates  to  the  board,
27    commission, authority, or task force of which he or she is an
28    appointee during and for one year after the conclusion of the
29    person's term of office.
30        (b)  If  (i)  a  person  subject  to  subsection  (a)  is
31    entitled  to  receive  more  than  7  1/2%   of   the   total
32    distributable   income   of   a   partnership,   association,
33    corporation,  or  other  business  entity  or  (ii)  a person
 
                            -76-     LRB093 03133 JAM 17133 a
 1    subject to subsection (a) together with his or her spouse and
 2    immediate family members living in  that  person's  residence
 3    are  entitled  to receive more than 15%, in the aggregate, of
 4    the total distributable income of a partnership, association,
 5    corporation, or other business entity then it is unlawful for
 6    that partnership, association, corporation, or other business
 7    entity to have or acquire a contract or  a  direct  pecuniary
 8    interest  in  a  contract prohibited by subsection (a) during
 9    and for one year after the conclusion of the person's term of
10    office.

11        (5 ILCS 425/Act rep.)
12        Section 90-8.  The State Gift Ban Act  is  repealed  upon
13    the  effective  date  of  the  State  Officials and Employees
14    Ethics Act.

15        Section 90-10.  The Election Code is amended by  changing
16    Sections  9-1.5, 9-3, 9-4, 9-8.10, 9-8.15, 9-9.5, 9-10, 9-23,
17    and 9-27.5 and by adding Sections 9-1.14 and 9-30 as follows:

18        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
19        Sec. 9-1.5.  Expenditure defined
20        "Expenditure" means-
21             (1)  a  payment,   distribution,   purchase,   loan,
22        advance,  deposit, or gift of money or anything of value,
23        in  connection  with  the  nomination  for  election,  or
24        election, of any person to public office,  in  connection
25        with  the  election  of  any  person  as ward or township
26        committeeman in counties of 3,000,000 or more population,
27        or in connection with  any  question  of  public  policy.
28        "Expenditure"  also  includes  a  payment,  distribution,
29        purchase,  loan,  advance,  deposit,  or gift of money or
30        anything of  value  that  constitutes  an  electioneering
31        communication  regardless of whether the communication is
 
                            -77-     LRB093 03133 JAM 17133 a
 1        made in concert or cooperation with or  at  the  request,
 2        suggestion,   or   knowledge   of   the   candidate,  the
 3        candidate's authorized local political committee, a State
 4        political committee, or any  of  their  agents.  However,
 5        expenditure does not include -
 6             (a)  the  use  of  real or personal property and the
 7        cost of invitations,  food,  and  beverages,  voluntarily
 8        provided by an individual in rendering voluntary personal
 9        services  on  the  individual's  residential premises for
10        candidate-related activities; provided the value  of  the
11        service  provided does not exceed an aggregate of $150 in
12        a reporting period;
13             (b)  the sale of any food or beverage  by  a  vendor
14        for  use  in a candidate's campaign at a charge less than
15        the normal comparable charge, if such charge for use in a
16        candidate's campaign is at least equal  to  the  cost  of
17        such food or beverage to the vendor.
18        (2)  a transfer of funds between political committees.
19    (Source: P.A. 89-405, eff. 11-8-95.)

20        (10 ILCS 5/9-1.14 new)
21        Sec. 9-1.14.  Electioneering communication defined.
22        (a)  "Electioneering   communication"   means,   for  the
23    purposes of this  Article,  any  form  of  communication,  in
24    whatever  medium,  including  but  not limited to, newspaper,
25    radio, television, or Internet communications, that refers to
26    a clearly  identified  candidate,  candidates,  or  political
27    party  and  is  made  within  (i)  60  days  before a general
28    election for the office sought by the candidate  or  (ii)  30
29    days  before a general primary election for the office sought
30    by the candidate.
31        (b)  "Electioneering communication" does not include:
32             (1)  A communication, other than  an  advertisement,
33        appearing  in  a  news  story,  commentary,  or editorial
 
                            -78-     LRB093 03133 JAM 17133 a
 1        distributed through the facilities of any legitimate news
 2        organization,  unless  the  facilities   are   owned   or
 3        controlled  by  any political party, political committee,
 4        or candidate.
 5             (2)  A  communication  made  solely  to  promote   a
 6        candidate debate or forum that is made by or on behalf of
 7        the person sponsoring the debate or forum.
 8             (3)  A  communication made as part of a non-partisan
 9        activity designed to encourage individuals to vote or  to
10        register to vote.
11             (4)  A  communication  by  an organization operating
12        and remaining in good standing under Section 501(c)(3) of
13        the Internal Revenue Code of 1986.

14        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
15        Sec. 9-3.  Every  state  political  committee  and  every
16    local  political committee shall file with the State Board of
17    Elections, and every local  political  committee  shall  file
18    with  the county clerk, a statement of organization within 10
19    business days of the creation of such committee,  except  any
20    political  committee  created  within  the  30 days before an
21    election shall file a  statement  of  organization  within  5
22    business  days.   A  political  committee that acts as both a
23    state political committee and  a  local  political  committee
24    shall  file a copy of each statement of organization with the
25    State Board of Elections and  the  county  clerk.  The  Board
26    shall  impose  a  civil  penalty of $25 per business day upon
27    political committees for failing to file or late filing of  a
28    statement  of organization, except that for committees formed
29    to support candidates for statewide office, the civil penalty
30    shall be $50 per business  day.   Such  penalties  shall  not
31    exceed  $5,000,  and  shall  not exceed $10,000 for statewide
32    office political committees. There shall be no  fine  if  the
33    statement is mailed and postmarked at least 72 hours prior to
 
                            -79-     LRB093 03133 JAM 17133 a
 1    the filing deadline.
 2        In  addition  to  the  civil penalties authorized by this
 3    Section, the State Board of Elections or any  other  affected
 4    political  committee  may  apply  to  the circuit court for a
 5    temporary restraining order or  a  preliminary  or  permanent
 6    injunction  against  the  political  committee  to  cease the
 7    expenditure of  funds  and  to  cease  operations  until  the
 8    statement of organization is filed.
 9        For the purpose of this Section, "statewide office" means
10    the   Governor,  Lieutenant  Governor,  Secretary  of  State,
11    Attorney General, State Treasurer, and State Comptroller.
12        The statement of organization shall include -
13        (a)  the name and address of the political committee (the
14    name of the political committee must include the name of  any
15    sponsoring entity);
16        (b)  the  scope,  area  of  activity,  party affiliation,
17    candidate  affiliation  and  his  county  of  residence,  and
18    purposes of the political committee;
19        (c)  the name, address, and position of each custodian of
20    the committee's books and accounts;
21        (d)  the name, address, and position of  the  committee's
22    principal  officers,  including  the chairman, treasurer, and
23    officers and members of its finance committee, if any;
24        (e)  (Blank);
25        (f)  a statement of what specific disposition of residual
26    fund will  be  made  in  the  event  of  the  dissolution  or
27    termination of the committee;
28        (g)  a   listing   of   all   banks  or  other  financial
29    institutions,   safety   deposit   boxes,   and   any   other
30    repositories or custodians of funds used by the committee;
31        (h)  the  amount  of   funds   available   for   campaign
32    expenditures  as  of  the  filing  date  of  the  committee's
33    statement of organization.
34        For  purposes  of  this Section, a "sponsoring entity" is
 
                            -80-     LRB093 03133 JAM 17133 a
 1    (i)   any   person,   political   committee,    organization,
 2    corporation,  or association that contributes at least 33% of
 3    the total funding of the  political  committee  or  (ii)  any
 4    person  or  other entity that is registered or is required to
 5    register under the Lobbyist Registration Act and  contributes
 6    at least 33% of the total funding of the political committee.
 7    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

 8        (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
 9        Sec. 9-4.  The statement of organization required by this
10    Article  to  be filed in accordance with Section 9-3 shall be
11    verified, dated, and signed by either the  treasurer  of  the
12    political  committee making the statement or the candidate on
13    whose  behalf  the  statement  is  made,  and  shall  contain
14    substantially the following:
15                      STATEMENT OF ORGANIZATION
16        (a)  name and address of the political committee:
17    .............................................................
18        (b)  scope,  area   of   activity,   party   affiliation,
19    candidate  affiliation  and  his  county  of  residence,  and
20    purposes of the political committee:
21    .............................................................
22    .............................................................
23    .............................................................
24    .............................................................
25        (c)  name, address, and position of each custodian of the
26    committee's books and accounts:
27    .............................................................
28    .............................................................
29        (d)  name,  address,  and  position  of  the  committee's
30    principal  officers,  including  the chairman, treasurer, and
31    officers and members of its finance committee, if any:
32    .............................................................
33    .............................................................
 
                            -81-     LRB093 03133 JAM 17133 a
 1    .............................................................
 2        (e)   a  statement  of  what  specific   disposition   of
 3    residual  funds  will be made in the event of the dissolution
 4    or termination of the committee:
 5    .............................................................
 6    .............................................................
 7        (f)   a  listing  of  all  banks   or   other   financial
 8    institutions,   safety   deposit   boxes,   and   any   other
 9    repositories or custodians of funds used by the committee:
10    .............................................................
11    .............................................................
12        (g)   the   amount   of   funds  available  for  campaign
13    expenditures  as  of  the  filing  date  of  the  committee's
14    statement of organization:
15    .............................................................
16                            VERIFICATION:
17        "I declare that this statement of organization (including
18    any accompanying schedules and statements) has been  examined
19    by  me  and to the best of my knowledge and belief is a true,
20    correct and complete statement of organization as required by
21    Article 9 of The Election Code. I understand that the penalty
22    for willfully filing a false or  incomplete  statement  is  a
23    business  offense subject to a fine of at least $1,001 and up
24    to $5,000 shall be a fine not to exceed $500 or  imprisonment
25    in  a  penal  institution  other than the penitentiary not to
26    exceed 6 months, or both fine and imprisonment."
27    ................  ..........................................
28    (date of filing)  (signature of person making the statement)
29    (Source: P.A. 90-495, eff. 1-1-98.)

30        (10 ILCS 5/9-8.10)
31        Sec.  9-8.10.   Use  of  political  committee  and  other
32    reporting organization funds.
33        (a)  A political committee, or  organization  subject  to
 
                            -82-     LRB093 03133 JAM 17133 a
 1    Section 9-7.5, shall not make expenditures:
 2             (1)  In violation of any law of the United States or
 3        of this State.
 4             (2)  Clearly  in  excess of the fair market value of
 5        the services, materials, facilities,  or other things  of
 6        value received in exchange.
 7             (3)  For  satisfaction  or  repayment  of  any debts
 8        other than loans made to the  committee or to the  public
 9        official  or  candidate  on  behalf  of  the committee or
10        repayment  of  goods  and  services  purchased   by   the
11        committee  under  a  credit  agreement.   Nothing in this
12        Section authorizes the use of  campaign  funds  to  repay
13        personal  loans.   The  repayments shall be made by check
14        written to  the  person  who  made  the  loan  or  credit
15        agreement.   The  terms  and  conditions  of  any loan or
16        credit agreement to a committee shall be set forth  in  a
17        written  agreement,  including  but  not  limited  to the
18        method and amount of repayment, that shall be executed by
19        the chairman or treasurer of the committee at the time of
20        the loan or credit  agreement.   The  loan  or  agreement
21        shall  also  set forth the rate of interest for the loan,
22        if any, which may not substantially exceed the prevailing
23        market  interest  rate  at  the  time  the  agreement  is
24        executed.
25             (4)  For the satisfaction or repayment of any  debts
26        or for the payment of any expenses relating to a personal
27        residence.  Campaign  funds may not be used as collateral
28        for home mortgages.
29             (5)  For  clothing  or  personal  laundry  expenses,
30        except clothing items rented by the  public  official  or
31        candidate  for  his  or  her  own  use  exclusively for a
32        specific campaign-related event, provided that committees
33        may  purchase   costumes,   novelty   items,   or   other
34        accessories worn primarily to advertise the candidacy.
 
                            -83-     LRB093 03133 JAM 17133 a
 1             (6)  For  the  travel  expenses of any person unless
 2        the travel is necessary  for  fulfillment  of  political,
 3        governmental,  or  public  policy  duties, activities, or
 4        purposes.
 5             (7)  For  membership  or  club   dues   charged   by
 6        organizations,  clubs,  or  facilities that are primarily
 7        engaged in providing health,  exercise,  or  recreational
 8        services;  provided,  however,  that funds received under
 9        this Article may be used to rent the clubs or  facilities
10        for a specific campaign-related event.
11             (8)  In   payment  for  anything  of  value  or  for
12        reimbursement of any expenditure for which any person has
13        been reimbursed by the State or any person. For  purposes
14        of  this  item  (8),  a  per  diem  allowance  is  not  a
15        reimbursement.
16             (9)  For  the purchase of or installment payment for
17        a  motor  vehicle  unless  the  political  committee  can
18        demonstrate that purchase of  a  motor  vehicle  is  more
19        cost-effective  than leasing a motor vehicle as permitted
20        under this item (9).  A political committee may lease  or
21        purchase and insure, maintain, and repair a motor vehicle
22        if  the  vehicle  will  be  used  primarily  for campaign
23        purposes or for the performance of  governmental  duties.
24        A  committee  shall  not make expenditures for use of the
25        vehicle for non-campaign  or  non-governmental  purposes.
26        Persons  using  vehicles  not  purchased  or  leased by a
27        political committee may be reimbursed for actual  mileage
28        for  the  use of the vehicle for campaign purposes or for
29        the performance of  governmental  duties.    The  mileage
30        reimbursements  shall be made at a rate not to exceed the
31        standard mileage rate method for computation of  business
32        expenses under the Internal Revenue Code.
33             (10)  Directly  for an individual's tuition or other
34        educational  expenses,   except   for   governmental   or
 
                            -84-     LRB093 03133 JAM 17133 a
 1        political  purposes  directly related to a candidate's or
 2        public official's duties and responsibilities.
 3             (11)  For payments to a public official or candidate
 4        or his or her family member unless for  compensation  for
 5        services actually rendered by that person. The provisions
 6        of  this  item  (11)  do  not  apply to expenditures by a
 7        political committee in an aggregate amount not  exceeding
 8        the  amount  of  funds  reported  to and certified by the
 9        State Board or county clerk as available as of  June  30,
10        1998,  in  the  semi-annual  report  of contributions and
11        expenditures filed by the  political  committee  for  the
12        period concluding June 30, 1998.
13        (b)  The  Board  shall have the authority to investigate,
14    upon receipt of  a  verified  complaint,  violations  of  the
15    provisions of this Section.  The Board may levy a fine on any
16    person  who knowingly makes expenditures in violation of this
17    Section and on any person who knowingly makes a malicious and
18    false accusation of a violation of this  Section.  The  Board
19    may  act under this subsection only upon the affirmative vote
20    of at least 5 of its members.  The fine shall not exceed $500
21    for each expenditure of $500 or less and shall not exceed the
22    amount of the expenditure  plus  $500  for  each  expenditure
23    greater  than  $500.  The Board shall also have the authority
24    to render rulings and issue opinions relating  to  compliance
25    with this Section.
26        (c)  Nothing in this Section prohibits the expenditure of
27    funds   of   (i)  a  political  committee  controlled  by  an
28    officeholder or  by  a  candidate  or  (ii)  an  organization
29    subject to Section 9-7.5 to defray the ordinary and necessary
30    expenses   of   an   officeholder   in  connection  with  the
31    performance of governmental duties. For the purposes of  this
32    subsection,  "ordinary  and  necessary expenses" include, but
33    are not limited to, expenses in relation to the operation  of
34    the district office of a member of the General Assembly.
 
                            -85-     LRB093 03133 JAM 17133 a
 1    (Source: P.A. 90-737, eff. 1-1-99.)

 2        (10 ILCS 5/9-8.15)
 3        Sec.   9-8.15.    Contributions  on  State  property.  In
 4    addition  to  any  other  provision   of   this   Code,   the
 5    solicitation,  acceptance, offer, and making of contributions
 6    on State  property  by  public  officials,  State  employees,
 7    candidates for elective office, and others are subject to the
 8    State  Officials  and  Employees  Ethics  Act. If a political
 9    committee receives and retains  a  contribution  that  is  in
10    violation   of  Section  5-35  of  the  State  Officials  and
11    Employees Ethics Act, then the State Board may impose a civil
12    penalty upon that political committee in an amount  equal  to
13    100%   of  that  contribution.  Contributions  shall  not  be
14    knowingly offered or accepted  on  a  face-to-face  basis  by
15    public  officials  or  employees  or  by  candidates on State
16    property except as provided in this Section.
17        Contributions may be solicited, offered, or  accepted  on
18    State property on a face-to-face basis by public officials or
19    employees  or  by candidates at a fundraising event for which
20    the State property is leased or rented.
21        Anyone who knowingly offers or accepts  contributions  on
22    State  property  in  violation of this Section is guilty of a
23    business offense subject to a fine of $5,000, except that for
24    contributions offered or  accepted  for  State  officers  and
25    candidates  and  political  committees  formed  for statewide
26    office, the fine shall not exceed $10,000.  For  the  purpose
27    of this Section, "statewide office" and "State officer" means
28    the   Governor,   Lieutenant   Governor,   Attorney  General,
29    Secretary of State, Comptroller, and Treasurer.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (10 ILCS 5/9-9.5)
32        Sec.  9-9.5.  Disclosures  in  political   communications
 
                            -86-     LRB093 03133 JAM 17133 a
 1    Disclosure  on political literature. Any political committee,
 2    organized under the Election Code, that makes an  expenditure
 3    for  a  pamphlet,  circular,  handbill, radio, television, or
 4    print  advertisement,  or  other  communication  directed  at
 5    voters and mentioning the name of a  candidate  in  the  next
 6    upcoming election shall ensure that the name of the political
 7    committee   paying   for   any  part  of  the  communication,
 8    including,  but  not  limited   to,   its   preparation   and
 9    distribution,  is identified clearly within the communication
10    as the payor. This Section does not apply to items  that  are
11    too  small  to contain the required disclosure. Any pamphlet,
12    circular,  handbill,  advertisement,   or   other   political
13    literature  that  supports  or  opposes  any public official,
14    candidate for public office, or question of public policy, or
15    that would have the effect  of  supporting  or  opposing  any
16    public  official, candidate for public office, or question of
17    public policy, shall contain the name of  the  individual  or
18    organization  that  authorized, caused to be authorized, paid
19    for, caused to be paid  for,  or  distributed  the  pamphlet,
20    circular,   handbill,   advertisement,   or  other  political
21    literature. If the individual  or  organization  includes  an
22    address, it must be an actual personal or business address of
23    the individual or business address of the organization.
24    (Source: P.A. 90-737, eff. 1-1-99.)

25        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
26        Sec. 9-10.  Financial reports.
27        (a)  The treasurer of every state political committee and
28    the  treasurer  of every local political committee shall file
29    with the Board, and the treasurer of  every  local  political
30    committee  shall  file  with  the  county  clerk,  reports of
31    campaign contributions, and semi-annual reports  of  campaign
32    contributions  and  expenditures on forms to be prescribed or
33    approved by the Board.   The  treasurer  of  every  political
 
                            -87-     LRB093 03133 JAM 17133 a
 1    committee that acts as both a state political committee and a
 2    local  political  committee  shall file a copy of each report
 3    with the State Board  of  Elections  and  the  county  clerk.
 4    Entities subject to Section 9-7.5 shall file reports required
 5    by  that  Section  at  times provided in this Section and are
 6    subject to the penalties provided in this Section.
 7        (b)  Reports of campaign contributions shall be filed  no
 8    later   than  the  15th  day  next  preceding  each  election
 9    including a primary election in  connection  with  which  the
10    political    committee   has   accepted   or   is   accepting
11    contributions or has made or is  making  expenditures.   Such
12    reports  shall  be complete as of the 30th day next preceding
13    each election including a primary election.  The Board  shall
14    assess  a  civil penalty not to exceed $5,000 for a violation
15    of this  subsection,  except  that  for  State  officers  and
16    candidates  and  political  committees  formed  for statewide
17    office, the civil penalty may not exceed $10,000.  The  fine,
18    however,  shall  not exceed $500 for a first filing violation
19    for filing less than 10 days after the deadline. There  shall
20    be no fine if the report is mailed and postmarked at least 72
21    hours  prior  to the filing deadline. For the purpose of this
22    subsection, "statewide office" and "State officer" means  the
23    Governor, Lieutenant Governor, Attorney General, Secretary of
24    State,  Comptroller,  and  Treasurer.   However, a continuing
25    political committee that neither  accepts  contributions  nor
26    makes  expenditures  on  behalf  of  or  in opposition to any
27    candidate or public question on the  ballot  at  an  election
28    shall   not  be  required  to  file  the  reports  heretofore
29    prescribed but may  file  in  lieu  thereof  a  Statement  of
30    Nonparticipation  in the Election with the Board or the Board
31    and the county clerk.
32        (b-5)  Notwithstanding the provisions of  subsection  (b)
33    and Section 1.25 of the Statute on Statutes, any contribution
34    of more than $500 or more received in the interim between the
 
                            -88-     LRB093 03133 JAM 17133 a
 1    last  date  of  the  period  covered by the last report filed
 2    under subsection (b) prior to the election and  the  date  of
 3    the  election  shall  be  filed  with  and  must  actually be
 4    received by the State Board of Elections  reported  within  2
 5    business  days  after  its  receipt of such contribution. The
 6    State Board shall allow filings of reports  of  contributions
 7    of  more  than  $500 under this subsection (b-5) by political
 8    committees that are not required to file electronically to be
 9    made by facsimile  transmission.  For  the  purpose  of  this
10    subsection, a contribution is considered received on the date
11    the  public  official,  candidate, or political committee (or
12    equivalent person in the case of  a  reporting  entity  other
13    than  a  political committee) actually receives it or, in the
14    case of goods or services, 2 business days after the date the
15    public official, candidate,  committee,  or  other  reporting
16    entity  receives  the certification required under subsection
17    (b) of Section 9-6.  Failure to report each contribution is a
18    separate  violation  of  this  subsection.   In   the   final
19    disposition  of  any  matter  by  the  Board  on or after the
20    effective date of this amendatory Act  of  the  93rd  General
21    Assembly,  the Board may shall impose fines for violations of
22    this subsection not to exceed 100% of the total amount of the
23    contributions that were untimely reported,  but  in  no  case
24    when a fine is imposed shall it be less than 10% of the total
25    amount of the contributions that were untimely reported. When
26    considering  the  amount of the fine to be imposed, the Board
27    shall consider, but is not limited to, the following factors:
28             (1)  whether in the Board's  opinion  the  violation
29        was  committed  inadvertently, negligently, knowingly, or
30        intentionally;
31             (2)  the  number  of  days  the   contribution   was
32        reported late; and
33             (3)  past  violations  of  Sections  9-3 and 9-10 of
34        this Article by the committee.  as follows:
 
                            -89-     LRB093 03133 JAM 17133 a
 1             (1)  if the political committee's or other reporting
 2        entity's total receipts, total expenditures, and  balance
 3        remaining  at  the  end of the last reporting period were
 4        each $5,000 or less, then $100 per business day  for  the
 5        first  violation,  $200  per  business day for the second
 6        violation, and $300 per business day for  the  third  and
 7        subsequent violations.
 8             (2)  if the political committee's or other reporting
 9        entity's  total receipts, total expenditures, and balance
10        remaining at the end of the last  reporting  period  were
11        each more than $5,000, then $200 per business day for the
12        first  violation,  $400  per  business day for the second
13        violation, and $600 per business day for  the  third  and
14        subsequent violations.
15        (c)  In  addition  to such reports the treasurer of every
16    political  committee  shall  file  semi-annual   reports   of
17    campaign  contributions  and  expenditures no later than July
18    31st, covering the period from January 1st through June  30th
19    immediately  preceding,  and  no  later  than  January  31st,
20    covering  the  period  from July 1st through December 31st of
21    the preceding calendar year.  Reports  of  contributions  and
22    expenditures  must  be  filed  to  cover  the prescribed time
23    periods even though no contributions or expenditures may have
24    been received or made during  the  period.  The  Board  shall
25    assess  a  civil penalty not to exceed $5,000 for a violation
26    of this  subsection,  except  that  for  State  officers  and
27    candidates  and  political  committees  formed  for statewide
28    office, the civil penalty may not exceed $10,000.  The  fine,
29    however,  shall  not exceed $500 for a first filing violation
30    for filing less than 10 days after the deadline. There  shall
31    be no fine if the report is mailed and postmarked at least 72
32    hours  prior  to the filing deadline. For the purpose of this
33    subsection, "statewide office" and "State officer" means  the
34    Governor, Lieutenant Governor, Attorney General, Secretary of
 
                            -90-     LRB093 03133 JAM 17133 a
 1    State, Comptroller, and Treasurer.
 2        (d)  A  copy of each report or statement filed under this
 3    Article shall be preserved by the  person  filing  it  for  a
 4    period of two years from the date of filing.
 5    (Source: P.A. 90-737, eff. 1-1-99.)

 6        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
 7        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
 8    has  issued  an order, or has approved a written stipulation,
 9    agreed  settlement  or  consent  order,  directing  a  person
10    determined by the Board to be in violation of  any  provision
11    of  this  Article  or  any  regulation adopted thereunder, to
12    cease or correct such violation or otherwise comply with this
13    Article and such person fails or refuses to comply with  such
14    order,  stipulation,  settlement  or consent order within the
15    time specified by  the  Board,  the  Board,  after  affording
16    notice  and an opportunity for a public hearing, may impose a
17    civil penalty on such person  in  an  amount  not  to  exceed
18    $5,000;  except  that  for  State officers and candidates and
19    political committees formed for statewide office,  the  civil
20    penalty  may  not  exceed  $10,000.   For the purpose of this
21    Section, "statewide office" and  "State  officer"  means  the
22    Governor, Lieutenant Governor, Attorney General, Secretary of
23    State, Comptroller, and Treasurer.
24        Civil  penalties  imposed on any such person by the Board
25    shall be enforceable in the Circuit Court.  The  Board  shall
26    petition  the Court for an order to enforce collection of the
27    penalty and, if the Court finds it has jurisdiction over  the
28    person  against whom the penalty was imposed, the Court shall
29    issue the appropriate order.  Any civil  penalties  collected
30    by the Court shall be forwarded to the State Treasurer.
31        In  addition  to  or in lieu of the imposition of a civil
32    penalty, the board may report such violation and the  failure
33    or  refusal  to  comply  with  the  order of the Board to the
 
                            -91-     LRB093 03133 JAM 17133 a
 1    Attorney General and the appropriate State's Attorney.
 2        The name of a person who has not  paid  a  civil  penalty
 3    imposed  against  him  or  her  under  this Section shall not
 4    appear upon any ballot for any office in any  election  while
 5    the penalty is unpaid.
 6    (Source: P.A. 90-737, eff. 1-1-99.)

 7        (10 ILCS 5/9-27.5)
 8        Sec.  9-27.5.  Fundraising  in  Sangamon County within 50
 9    miles of Springfield.  In addition to any other provision  of
10    this  Code,  fundraising events in Sangamon County by certain
11    executive branch officers and candidates, legislative  branch
12    members  and  candidates,  political  caucuses, and political
13    committees are subject to the State Officials  and  Employees
14    Ethics  Act.  If a political committee receives and retains a
15    contribution that is in violation  of  Section  5-40  of  the
16    State  Officials  and  Employees  Ethics  Act, then the State
17    Board  may  impose  a  civil  penalty  upon  that   political
18    committee  in  an  amount equal to 100% of that contribution.
19    Except as provided in  this  Section,  any  executive  branch
20    constitutional officer, any candidate for an executive branch
21    constitutional  office,  any  member of the General Assembly,
22    any candidate for the General Assembly, any political  caucus
23    of the General Assembly, or any political committee on behalf
24    of  any  of the foregoing may not hold a fundraising function
25    in  or  within  50  miles  of  Springfield  on  any  day  the
26    legislature is in session (i) during the period beginning  90
27    days  before the later of the dates scheduled by either house
28    of the General Assembly for the  adjournment  of  the  spring
29    session  and  ending  on  the later of the actual adjournment
30    dates of either house of the spring session and  (ii)  during
31    fall   veto  session.  For  purposes  of  this  Section,  the
32    legislature is not considered to be in session on a day  that
33    is  solely  a perfunctory session day or on a day when only a
 
                            -92-     LRB093 03133 JAM 17133 a
 1    committee is meeting.
 2        This Section does not  apply  to  members  and  political
 3    committees of members of the General Assembly whose districts
 4    are  located,  in  whole or in part, in or within 50 miles of
 5    Springfield  and  candidates  and  political  committees   of
 6    candidates  for  the General Assembly from districts located,
 7    in whole or in part, in or within 50  miles  of  Springfield,
 8    provided that the fundraising function takes place within the
 9    member's or candidate's district.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        (10 ILCS 5/9-30 new)
12        Sec.  9-30.  Ballot forfeiture.  The name of a person who
13    has not paid a civil penalty imposed against him or her under
14    this Article shall not appear upon any ballot for any  office
15    in any election while the penalty is unpaid.

16        Section 90-11.  The Personnel Code is amended by changing
17    Sections 4c and 8b.6 as follows:

18        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
19        Sec. 4c.  General exemptions.  The following positions in
20    State service shall be exempt from jurisdictions A, B, and C,
21    unless  the  jurisdictions  shall  be extended as provided in
22    this Act:
23             (1)  All officers elected by the people.
24             (2)  All positions under  the  Lieutenant  Governor,
25        Secretary  of  State, State Treasurer, State Comptroller,
26        State Board of Education, Clerk of the Supreme Court, and
27        Attorney General.
28             (3)  Judges,  and  officers  and  employees  of  the
29        courts, and notaries public.
30             (4)  All officers  and  employees  of  the  Illinois
31        General    Assembly,   all   employees   of   legislative
 
                            -93-     LRB093 03133 JAM 17133 a
 1        commissions, all officers and employees of  the  Illinois
 2        Legislative  Reference  Bureau,  the Legislative Research
 3        Unit, and the Legislative Printing Unit.
 4             (5)  All positions in the  Illinois  National  Guard
 5        and  Illinois  State  Guard,  paid  from federal funds or
 6        positions  in  the  State   Military  Service  filled  by
 7        enlistment and paid from State funds.
 8             (6)  All employees of the Governor at the  executive
 9        mansion and on his immediate personal staff.
10             (7)  Directors of Departments, the Adjutant General,
11        the  Assistant  Adjutant  General,  the  Director  of the
12        Illinois Emergency Management Agency, members  of  boards
13        and  commissions,   and  all other positions appointed by
14        the Governor by and with the consent of the Senate.
15             (8)  The presidents, other principal  administrative
16        officers,  and teaching, research and extension faculties
17        of Chicago State University, Eastern Illinois University,
18        Governors State University,  Illinois  State  University,
19        Northeastern   Illinois   University,  Northern  Illinois
20        University, Western  Illinois  University,  the  Illinois
21        Community  College  Board,  Southern Illinois University,
22        Illinois  Board  of  Higher  Education,   University   of
23        Illinois,   State   Universities  Civil  Service  System,
24        University  Retirement  System  of  Illinois,   and   the
25        administrative  officers  and  scientific  and  technical
26        staff of the Illinois State Museum.
27             (9)  All  other  employees  except  the  presidents,
28        other  principal  administrative  officers, and teaching,
29        research and  extension  faculties  of  the  universities
30        under  the  jurisdiction  of the Board of Regents and the
31        colleges and universities under the  jurisdiction of  the
32        Board  of  Governors  of State Colleges and Universities,
33        Illinois  Community  College  Board,  Southern   Illinois
34        University,  Illinois Board of Higher Education, Board of
 
                            -94-     LRB093 03133 JAM 17133 a
 1        Governors of State Colleges and Universities,  the  Board
 2        of  Regents,  University  of Illinois, State Universities
 3        Civil Service System,  University  Retirement  System  of
 4        Illinois,  so long as these are subject to the provisions
 5        of the State Universities Civil Service Act.
 6             (10)  The State Police so long as they  are  subject
 7        to the merit provisions of the State Police Act.
 8             (11)  The  scientific  staff of the State Scientific
 9        Surveys and the Waste Management and Research Center.
10             (12)  The technical and engineering  staffs  of  the
11        Department  of  Transportation, the Department of Nuclear
12        Safety, the Pollution Control  Board,  and  the  Illinois
13        Commerce  Commission,  and  the technical and engineering
14        staff providing architectural and engineering services in
15        the Department of Central Management Services.
16             (13)  All  employees  of  the  Illinois  State  Toll
17        Highway Authority.
18             (14)  The Secretary of the Industrial Commission.
19             (15)  All persons who are appointed or  employed  by
20        the Director of Insurance  under authority of Section 202
21        of the Illinois Insurance Code to assist the Director  of
22        Insurance in discharging his responsibilities relating to
23        the   rehabilitation,   liquidation,   conservation,  and
24        dissolution  of  companies  that  are  subject   to   the
25        jurisdiction of the Illinois  Insurance Code.
26             (16)  All  employees  of  the St. Louis Metropolitan
27        Area Airport Authority.
28             (17)  All  investment  officers  employed   by   the
29        Illinois State Board of Investment.
30             (18)  Employees   of   the   Illinois   Young  Adult
31        Conservation Corps program, administered by the  Illinois
32        Department of Natural Resources, authorized grantee under
33        Title  VIII  of the Comprehensive Employment and Training
34        Act of 1973, 29 USC 993.
 
                            -95-     LRB093 03133 JAM 17133 a
 1             (19)  Seasonal  employees  of  the   Department   of
 2        Agriculture  for the operation of the Illinois State Fair
 3        and the DuQuoin State Fair, no one person receiving  more
 4        than 29 days of such employment in any calendar year.
 5             (20)  All  "temporary"  employees  hired  under  the
 6        Department  of  Natural  Resources' Illinois Conservation
 7        Service, a youth  employment  program  that  hires  young
 8        people to work in State parks for a period of one year or
 9        less.
10             (21)  All  hearing  officers  of  the  Human  Rights
11        Commission.
12             (22)  All  employees of the Illinois Mathematics and
13        Science Academy.
14             (23)  All employees of  the  Kankakee  River  Valley
15        Area Airport Authority.
16             (24)  The   commissioners   and   employees  of  the
17        Executive Ethics Commission.
18             (25)  The Executive Inspectors General and employees
19        of 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   and
23        employees of the  Office  of  the  Legislative  Inspector
24        General.
25    (Source:  P.A.  90-490,  eff.  8-17-97;  91-214, eff. 1-1-00;
26    91-357, eff. 7-29-99.)

27        (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
28        Sec. 8b.6.  For a period of probation not to  exceed  one
29    year  before appointment or promotion is complete, and during
30    which period a  probationer  may  with  the  consent  of  the
31    Director  of  Central  Management  Services, be discharged or
32    reduced in class or rank, or replaced on the  eligible  list.
33    For  a  person  appointed to a term appointment under Section
 
                            -96-     LRB093 03133 JAM 17133 a
 1    8b.18 or 8b.19, the period of probation  shall  not  be  less
 2    than 6 months.
 3    (Source: P.A. 82-789.)

 4        Section  90-12.  The  General  Assembly Operations Act is
 5    amended by changing Sections 4 and 5 as follows:

 6        (25 ILCS 10/4) (from Ch. 63, par. 23.4)
 7        Sec. 4.  Senate Operations Commission.
 8        (a)  There is created a Senate Operations  Commission  to
 9    consist  of  the  following:  The  President of the Senate, 3
10    Assistant  Majority  Leaders,  the   Minority   Leader,   one
11    Assistant  Minority  Leader,  and  one  member  of the Senate
12    appointed  by  the  President  of  the  Senate.  The   Senate
13    Operations  Commission  shall  have  the following powers and
14    duties:  Commission  shall  have   responsibility   for   the
15    operation  of  the Senate in relation to the Senate Chambers,
16    Senate offices, committee  rooms  and  all  other  rooms  and
17    physical  facilities  used  by  the  Senate,  all  equipment,
18    furniture,  and  supplies  used by the Senate. The Commission
19    shall have the authority to hire all professional  staff  and
20    employees  necessary  for  the proper operation of the Senate
21    and authority to receive and expend  appropriations  for  the
22    purposes  set  forth in this Act whether the General Assembly
23    be in session or not. Professional staff and employees may be
24    employed as  full-time  employees,  part-time  employees,  or
25    contractual  employees.  The  Secretary  of  the Senate shall
26    serve  as  Secretary  and  Administrative  Officer   of   the
27    Commission.  Pursuant  to  the  policies and direction of the
28    Commission,  he  shall  have  direct   supervision   of   all
29    equipment, furniture, and supplies used by the Senate.
30        (b)  The  Senate  Operations  Commission  shall adopt and
31    implement  personnel  policies  for  professional  staff  and
32    employees under its jurisdiction and control as  required  by
 
                            -97-     LRB093 03133 JAM 17133 a
 1    the State Officials and Employees Ethics Act.
 2    (Source: P.A. 78-7.)

 3        (25 ILCS 10/5) (from Ch. 63, par. 23.5)
 4        Sec. 5.  Speaker of the House; operations, employees, and
 5    expenditures.
 6        (a)  The  Speaker  of  the House of Representatives shall
 7    have  responsibility  for  the  operation  of  the  House  in
 8    relation to the  House  Chambers,  House  offices,  committee
 9    rooms and all other rooms and physical facilities used by the
10    House,  all  equipment,  furniture,  and supplies used by the
11    House. The Speaker of the House of Representatives shall have
12    the authority to hire all professional  staff  and  employees
13    necessary for the proper operation of the House. Professional
14    staff  and  employees may be employed as full-time employees,
15    part-time employees, or contractual employees. The Speaker of
16    the House of Representatives  shall  have  the  authority  to
17    receive  and expend appropriations for the purposes set forth
18    in this Act whether the General Assembly  be  in  session  or
19    not.
20        (b)  The  Speaker  of  the House of Representatives shall
21    adopt and implement personnel policies for professional staff
22    and employees under his or her jurisdiction  and  control  as
23    required by the State Officials and Employees Ethics Act.
24    (Source: Laws 1967, p. 1214.)

25        Section  90-15.  The General Assembly Compensation Act is
26    amended by changing Section 4 as follows:

27        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
28        Sec. 4.  Office allowance.  Beginning July 1, 2001,  each
29    member  of  the  House  of  Representatives  is authorized to
30    approve the expenditure of not more than $61,000 per year and
31    each member of  the  Senate  is  authorized  to  approve  the
 
                            -98-     LRB093 03133 JAM 17133 a
 1    expenditure  of  not  more  than  $73,000 per year to pay for
 2    "personal services", "contractual  services",  "commodities",
 3    "printing",  "travel",  "operation  of automotive equipment",
 4    "telecommunications  services",  as  defined  in  the   State
 5    Finance  Act, and the compensation of one or more legislative
 6    assistants authorized pursuant to this Section, in connection
 7    with his or her legislative duties and not in connection with
 8    any political campaign. On July 1, 2002 and on July 1 of each
 9    year thereafter, the amount authorized per  year  under  this
10    Section  for each member of the Senate and each member of the
11    House of Representatives shall be increased by  a  percentage
12    increase  equivalent to the lesser of (i) the increase in the
13    designated cost of living index or (ii) 5%.   The  designated
14    cost  of  living  index is the index known as the "Employment
15    Cost Index, Wages and Salaries, By  Occupation  and  Industry
16    Groups:   State   and   Local   Government   Workers:  Public
17    Administration"  as  published  by  the   Bureau   of   Labor
18    Statistics  of  the U.S. Department of Labor for the calendar
19    year immediately preceding the year of  the  respective  July
20    1st  increase  date.  The increase shall be added to the then
21    current amount, and the adjusted amount so  determined  shall
22    be  the  annual  amount beginning July 1 of the increase year
23    until July 1 of  the  next  year.   No  increase  under  this
24    provision shall be less than zero.
25        A  member  may  purchase  office  equipment if the member
26    certifies to the Secretary of the Senate or the Clerk of  the
27    House,  as  applicable, that the purchase price, whether paid
28    in lump sum or installments, amounts to less  than  would  be
29    charged  for  renting  or  leasing  the  equipment  over  its
30    anticipated   useful   life.   All  such  equipment  must  be
31    purchased through the Secretary of the Senate or the Clerk of
32    the House,  as  applicable,  for  proper  identification  and
33    verification of purchase.
34        Each  member  of  the  General  Assembly is authorized to
 
                            -99-     LRB093 03133 JAM 17133 a
 1    employ one or  more  legislative  assistants,  who  shall  be
 2    solely  under  the  direction and control of that member, for
 3    the purpose of assisting the member in the performance of his
 4    or her official  duties.   A  legislative  assistant  may  be
 5    employed  pursuant  to  this Section as a full-time employee,
 6    part-time employee,  or  contractual  employee  either  under
 7    contract  or  as  a  State employee, at the discretion of the
 8    member.  If employed  as  a  State  employee,  a  legislative
 9    assistant shall receive employment benefits on the same terms
10    and  conditions  that apply to other employees of the General
11    Assembly. Each member shall  adopt  and  implement  personnel
12    policies   for   legislative  assistants  under  his  or  her
13    direction and control relating  to  work  time  requirements,
14    documentation  for reimbursement for travel on official State
15    business, compensation, and the earning and accrual of  State
16    benefits for those legislative assistants who may be eligible
17    to  receive  those  benefits. The policies shall also require
18    legislative assistants to  periodically  submit  time  sheets
19    documenting,  in quarter-hour increments, the time spent each
20    day on official State business.  The policies  shall  require
21    the  time sheets to be submitted on paper, electronically, or
22    both and to be  maintained  in  either  paper  or  electronic
23    format  by  the  applicable  fiscal office for a period of at
24    least 2 years. Contractual employees  may  satisfy  the  time
25    sheets  requirement  by  complying  with  the  terms of their
26    contract, which shall provide for a means of compliance  with
27    this  requirement.   A member may satisfy the requirements of
28    this paragraph by adopting  and  implementing  the  personnel
29    policies  promulgated  by  that  member's  legislative leader
30    under the State  Officials  and  Employees  Ethics  Act  with
31    respect to that member's legislative assistants.
32        As  used  in  this  Section  the term "personal services"
33    shall include contributions of the State  under  the  Federal
34    Insurance  Contribution  Act  and  under  Article  14  of the
 
                            -100-    LRB093 03133 JAM 17133 a
 1    Illinois Pension Code.  As used  in  this  Section  the  term
 2    "contractual services" shall not include improvements to real
 3    property  unless those improvements are the obligation of the
 4    lessee under the lease agreement.  Beginning July 1, 1989, as
 5    used in the Section, the term "travel" shall  be  limited  to
 6    travel  in  connection with a member's legislative duties and
 7    not in connection with any political campaign.  Beginning  on
 8    the effective date of this amendatory Act of the 93rd General
 9    Assembly  July  1,  1989,  as  used in this Section, the term
10    "printing" includes, but  is  not  limited  to,  newsletters,
11    brochures,  certificates,  congratulatory mailings, including
12    but not limited to greeting or welcome messages,  anniversary
13    or   birthday   cards,   and  congratulations  for  prominent
14    achievement  cards.   As  used  in  this  Section,  the  term
15    "printing"  includes  fees  for  non-substantive  resolutions
16    charged by the Clerk of the House  of  Representatives  under
17    subsection  (c-5)  of  Section 1 of the Legislative Materials
18    Act. No newsletter or brochure that is paid for, in whole  or
19    in  part,  with  funds  provided  under  this  Section may be
20    printed or mailed during a period beginning February 1 of the
21    year of a general primary election and ending the  day  after
22    the  general  primary  election and during a period beginning
23    September 1 of the year of a general election and ending  the
24    day after the general election. Nothing in this Section shall
25    be  construed to authorize expenditures for lodging and meals
26    while a member is in attendance at sessions  of  the  General
27    Assembly.
28        Any  utility  bill  for  service  provided  to a member's
29    district  office  for  a  period  including  portions  of   2
30    consecutive  fiscal years may be paid from funds appropriated
31    for such expenditure in either fiscal year.
32        If  a  vacancy  occurs  in  the  office  of  Senator   or
33    Representative  in the General Assembly, any office equipment
34    in the possession of the vacating member  shall  transfer  to
 
                            -101-    LRB093 03133 JAM 17133 a
 1    the  member's  successor; if the successor does not want such
 2    equipment, it shall be transferred to the  Secretary  of  the
 3    Senate  or Clerk of the House of Representatives, as the case
 4    may be, and if not wanted by other  members  of  the  General
 5    Assembly   then  to  the  Department  of  Central  Management
 6    Services for treatment as surplus property  under  the  State
 7    Property Control Act.  Each member, on or before June 30th of
 8    each  year,  shall  conduct  an  inventory  of  all equipment
 9    purchased pursuant to this  Act.   Such  inventory  shall  be
10    filed  with  the  Secretary of the Senate or the Clerk of the
11    House, as the case may be.  Whenever a  vacancy  occurs,  the
12    Secretary  of  the  Senate  or the Clerk of the House, as the
13    case  may  be,  shall  conduct  an  inventory  of   equipment
14    purchased.
15        In  the  event  that a member leaves office during his or
16    her term,  any  unexpended  or  unobligated  portion  of  the
17    allowance  granted  under  this  Section  shall  lapse.   The
18    vacating  member's successor shall be granted an allowance in
19    an  amount,  rounded  to  the  nearest  dollar,  computed  by
20    dividing the annual allowance  by  365  and  multiplying  the
21    quotient by the number of days remaining in the fiscal year.
22        From  any  appropriation for the purposes of this Section
23    for a fiscal year which overlaps  2  General  Assemblies,  no
24    more than 1/2 of the annual allowance per member may be spent
25    or  encumbered  by  any  member  of  either  the  outgoing or
26    incoming General Assembly, except  that  any  member  of  the
27    incoming  General  Assembly  who was a member of the outgoing
28    General Assembly may encumber or spend  any  portion  of  his
29    annual allowance within the fiscal year.
30        The  appropriation for the annual allowances permitted by
31    this Section shall be included in  an  appropriation  to  the
32    President  of  the  Senate and to the Speaker of the House of
33    Representatives for their respective members.  The  President
34    of  the Senate and the Speaker of the House shall voucher for
 
                            -102-    LRB093 03133 JAM 17133 a
 1    payment individual members' expenditures  from  their  annual
 2    office  allowances  to  the State Comptroller, subject to the
 3    authority of the Comptroller under Section  9  of  the  State
 4    Comptroller Act.
 5    (Source: P.A. 90-569, eff. 1-28-98; 91-952, eff. 7-1-01.)

 6        Section 90-20.  The Legislative Commission Reorganization
 7    Act of 1984 is amended by adding Section 9-2.5 as follows:

 8        (25 ILCS 130/9-2.5 new)
 9        Sec.  9-2.5.  Newsletters and brochures.  The Legislative
10    Printing Unit may not print for any  member  of  the  General
11    Assembly  any  newsletters  or  brochures  during  the period
12    beginning February  1  of  the  year  of  a  general  primary
13    election  and  ending  the  day  after  the  general  primary
14    election  and  during  a  period beginning September 1 of the
15    year of a general election  and  ending  the  day  after  the
16    general  election.  A  member of the General Assembly may not
17    mail, during a period beginning February 1 of the year  of  a
18    general primary election and ending the day after the general
19    primary election and during a period beginning September 1 of
20    the  year  of a general election and ending the day after the
21    general election, any  newsletters  or  brochures  that  were
22    printed, at any time, by the Legislative Printing Unit.

23        Section 90-25.  The General Assembly Staff Assistants Act
24    is amended by changing Sections 1a and 2 as follows:

25        (25 ILCS 160/1a) (from Ch. 63, par. 131.1)
26        Sec. 1a.  Staff assistants; employment; allocation. There
27    shall  be  such  staff assistants for the General Assembly as
28    necessary.  Staff assistants may  be  employed  as  full-time
29    employees, part-time employees, or contractual employees.  Of
30    the  staff  assistants so provided, one half the total number
 
                            -103-    LRB093 03133 JAM 17133 a
 1    shall be for the  Senate  and  one  half  for  the  House  of
 2    Representatives.  Of  the assistants provided for the Senate,
 3    one half shall be designated by the President and one half by
 4    the minority leader. Of the assistants provided for the House
 5    of Representatives, one  half  shall  be  designated  by  the
 6    Speaker and one half by the minority leader.
 7    (Source: P.A. 78-4.)

 8        (25 ILCS 160/2) (from Ch. 63, par. 132)
 9        Sec. 2.  Staff assistants; assignments.
10        (a)  During   the  period  the  General  Assembly  is  in
11    session, the  staff  assistants  shall  be  assigned  by  the
12    legislative  leadership  of the respective parties to perform
13    research and render other assistance to the members  of  that
14    party on such committees as may be designated.
15        (b)  During  the  period when the General Assembly is not
16    in session, the staff assistants shall perform such  services
17    as  may  be  assigned by the President and Minority Leader of
18    the Senate and the Speaker and Minority Leader of  the  House
19    of Representatives party leadership.
20        (c)  The  President and Minority Leader of the Senate and
21    the  Speaker  and   Minority   Leader   of   the   House   of
22    Representatives  shall  each  adopt  and  implement personnel
23    policies  for  staff  assistants   under   their   respective
24    jurisdiction  and  control as required by the State Officials
25    and Employees Ethics Act.
26    (Source: Laws 1967, p. 280.)

27        Section 90-30.  The Lobbyist Registration Act is  amended
28    by adding Section 3.1 and changing Sections 3, 5, 6, 6.5, and
29    7 as follows:

30        (25 ILCS 170/3) (from Ch. 63, par. 173)
31        Sec. 3. Persons required to register.
 
                            -104-    LRB093 03133 JAM 17133 a
 1        (a)  Except   as  provided  in  Sections  4  and  9,  the
 2    following persons shall register with the Secretary of  State
 3    as provided herein:
 4             (1)   Any person who, for compensation or otherwise,
 5        either  individually  or  as  an  employee or contractual
 6        employee  of  another  person,  undertakes  to  influence
 7        executive, legislative or administrative action.
 8             (2)   Any person who employs another person for  the
 9        purposes   of   influencing   executive,  legislative  or
10        administrative action.
11        (b)  It is a violation of this Act to engage in  lobbying
12    or  to  employ  any person for the purpose of lobbying who is
13    not registered with the Office of  the  Secretary  of  State,
14    except upon condition that the person register and the person
15    does  in  fact  register  within  2 business days after being
16    employed or retained for lobbying services 10 working days of
17    an agreement to conduct any lobbying activity.
18    (Source: P.A. 88-187.)

19        (25 ILCS 170/3.1 new)
20        Sec.  3.1.  Prohibition  on   serving   on   boards   and
21    commissions.   Notwithstanding any other law of this State, a
22    person required to be registered under this Act may not serve
23    on a board, commission, authority, or task  force  authorized
24    or  created  by  State  law  or  by  executive  order  of the
25    Governor; except that this restriction does not apply to  any
26    of the following:
27             (1)  a  registered  lobbyist  serving in an elective
28        public office, whether elected or  appointed  to  fill  a
29        vacancy;
30             (2)  a   registered  lobbyist  serving  on  a  State
31        advisory body that makes nonbinding recommendations to an
32        agency of State government  but  does  not  make  binding
33        recommendations  or  determinations  or  take  any  other
 
                            -105-    LRB093 03133 JAM 17133 a
 1        substantive action; and
 2             (3)  a  registered  lobbyist  serving  on  a  board,
 3        council,  commission,  authority,  task  force,  or other
 4        equivalent entity that makes  nonbinding  recommendations
 5        to  a county, municipality, school district, or community
 6        college   district   but   does    not    make    binding
 7        recommendations  or  determinations  or  take  any  other
 8        substantive  action.  This  item (3) does not include any
 9        special district or other limited purpose unit  of  local
10        government,  except those specifically enumerated in this
11        item (3).

12        (25 ILCS 170/5) (from Ch. 63, par. 175)
13        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
14    person required to register under Section 3  shall  each  and
15    every  year,  or  before  any such service is performed which
16    requires the person to register, but in any event  not  later
17    than 2 business days after being employed or retained, and on
18    or before each January 31 and July 31 thereafter, file in the
19    Office   of  the  Secretary  of  State  a  written  statement
20    containing the following information  with  respect  to  each
21    person  or  entity employing or retaining the person required
22    to register:
23             (a)  The registrant's name, and  permanent  address,
24        e-mail  address,  if  any,  fax  number, if any, business
25        telephone  number,  and   temporary   address,   if   the
26        registrant  has a temporary address while lobbying of the
27        registrant.
28             (a-5)  If  the  registrant  is  an  organization  or
29        business   entity,   the   information   required   under
30        subsection  (a)  for  each  person  associated  with  the
31        registrant who will be lobbying,  regardless  of  whether
32        lobbying is a significant part of his or her duties.
33             (b)  The  name  and address of the person or persons
 
                            -106-    LRB093 03133 JAM 17133 a
 1        employing  or  retaining  registrant  to   perform   such
 2        services or on whose behalf the registrant appears.
 3             (c)  A   brief   description   of   the   executive,
 4        legislative,  or  administrative  action  in reference to
 5        which such service is to be rendered.
 6             (c-5)  Each executive and legislative branch  agency
 7        the  registrant  expects to lobby during the registration
 8        period.
 9             (c-6)  The  nature  of  the  client's  business,  by
10        indicating all of the following  categories  that  apply:
11        (1)  banking  and  financial services, (2) manufacturing,
12        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
13        insurance, (7) community interests, (8) labor, (9) public
14        relations or advertising, (10) marketing or  sales,  (11)
15        hospitality,   (12)   engineering,  (13)  information  or
16        technology products or services,  (14)  social  services,
17        (15) public utilities, (16) racing or wagering, (17) real
18        estate  or  construction,  (18)  telecommunications, (19)
19        trade  or  professional  association,  (20)   travel   or
20        tourism,  (21)  transportation,  and  (22) other (setting
21        forth the nature of that other business).
22        The registrant must file an amendment  to  the  statement
23    within  14  calendar days to report any substantial change or
24    addition to the information previously filed, except  that  a
25    registrant  must  file  an  amendment  to  the  statement  to
26    disclose  a  new  agreement  to  retain  the  registrant  for
27    lobbying  services  before  any  service  is  performed which
28    requires the person to register, but in any event  not  later
29    than  2  business  days  after  entering  into  the  retainer
30    agreement.
31        Not later than 12 months after the effective date of this
32    amendatory  Act  of  the  93rd  General  Assembly, or as soon
33    thereafter as the Secretary of State  has  provided  adequate
34    software  to the persons required to file, all statements and
 
                            -107-    LRB093 03133 JAM 17133 a
 1    amendments to statements required to be filed shall be  filed
 2    electronically.  The  Secretary  of State shall promptly make
 3    all filed statements and amendments  to  statements  publicly
 4    available   by   means  of  a  searchable  database  that  is
 5    accessible through the World Wide Web. The Secretary of State
 6    shall provide all software  necessary  to  comply  with  this
 7    provision  to  all persons required to file. The Secretary of
 8    State shall implement a plan to provide computer  access  and
 9    assistance to persons required to file electronically.
10        Persons  required to register under this Act shall, on an
11    annual basis, remit a single, annual and  nonrefundable  $100
12    $50  registration  fee  and  a  picture  of the registrant. A
13    registrant may, in lieu of submitting a picture on an  annual
14    basis,  authorize  the  Secretary  of  State to use any photo
15    identification available in any database  maintained  by  the
16    Secretary  of  State  for  other  purposes. All fees shall be
17    deposited into the Lobbyist Registration Administration  Fund
18    for  administration and enforcement of this Act. The increase
19    in the fee from $50 to $100 by this  amendatory  Act  of  the
20    93rd General Assembly is intended to be used to implement and
21    maintain electronic filing of reports under this Act.
22    (Source: P.A. 88-187.)

23        (25 ILCS 170/6) (from Ch. 63, par. 176)
24        Sec. 6. Reports.
25        (a)  Except  as otherwise provided in this Section, every
26    person required to register as prescribed in Section 3  shall
27    report,  verified under oath pursuant to Section 1-109 of the
28    Code of Civil  Procedure,  to  the  Secretary  of  State  all
29    expenditures for lobbying made or incurred by the lobbyist on
30    his  behalf or the behalf of his employer.  In the case where
31    an individual is solely employed by another person to perform
32    job related functions any part of  which  includes  lobbying,
33    the  employer shall be responsible for reporting all lobbying
 
                            -108-    LRB093 03133 JAM 17133 a
 1    expenditures incurred on the employer's behalf  as  shall  be
 2    identified  by  the  lobbyist  to the employer preceding such
 3    report.  Persons who contract with another person to  perform
 4    lobbying  activities  shall  be responsible for reporting all
 5    lobbying expenditures incurred on the employer's behalf.  Any
 6    additional  lobbying  expenses incurred by the employer which
 7    are separate and apart from those incurred by the contractual
 8    employee shall be reported by the employer.
 9        (b)  The report shall itemize each individual expenditure
10    or transaction over $100 and shall include the  name  of  the
11    official  on  whose behalf the expenditure was made, the name
12    of the client on whose behalf the expenditure was  made,  the
13    total  amount  of  the  expenditure,  the  date  on which the
14    expenditure occurred and the subject matter of  the  lobbying
15    activity, if any.
16        Expenditures  attributable to lobbying officials shall be
17    listed and reported according to the following categories:
18             (1)  travel and lodging on behalf of others.
19             (2)  meals, beverages and other entertainment.
20             (3)  gifts.
21             (4)  honoraria.
22        Individual  expenditures  required  to  be  reported   as
23    described  herein  which  are  equal  to or less than $100 in
24    value need not be itemized but are required to be categorized
25    and reported by officials in an aggregate total in  a  manner
26    prescribed by rule of the Secretary of State.
27        Expenditures  incurred  for  hosting receptions, benefits
28    and other large gatherings held for purposes of  goodwill  or
29    otherwise    to    influence    executive,   legislative   or
30    administrative action to which there are  25  or  more  State
31    officials  invited  shall  be reported listing only the total
32    amount of the expenditure, the date of  the  event,  and  the
33    estimated number of officials in attendance.
34        Each individual expenditure required to be reported shall
 
                            -109-    LRB093 03133 JAM 17133 a
 1    include all expenses made for or on behalf of State officials
 2    and members of the immediate family of those persons.
 3        The  category  travel  and  lodging  includes, but is not
 4    limited to, all travel and living accommodations made for  or
 5    on  behalf  of State officials in the capital during sessions
 6    of the General Assembly.
 7        Reasonable  and  bona  fide  expenditures  made  by   the
 8    registrant  who  is  a member of a legislative or State study
 9    commission or committee while attending and participating  in
10    meetings  and  hearings  of such commission or committee need
11    not be reported.
12        Reasonable  and  bona  fide  expenditures  made  by   the
13    registrant  for  personal sustenance, lodging, travel, office
14    expenses and clerical or support staff need not be reported.
15        Salaries,  fees,  and  other  compensation  paid  to  the
16    registrant for the purposes of lobbying need not be reported.
17        Any contributions required to be reported under Article 9
18    of the Election Code need not be reported.
19        The report shall include: (1)  the  name  of  each  State
20    government  entity lobbied; (2) whether the lobbying involved
21    executive,  legislative,  or  administrative  action,  or   a
22    combination;  (3)  the names of the persons who performed the
23    lobbyist  services;  and  (4)  a  brief  description  of  the
24    legislative, executive, or administrative action involved.
25        Except as otherwise provided in  this  subsection,  gifts
26    and honoraria returned or reimbursed to the registrant within
27    30 days of the date of receipt shall need not be reported.
28        A  gift  or  honorarium  returned  or  reimbursed  to the
29    registrant within 10 days after the official receives a  copy
30    of  a report pursuant to Section 6.5 shall not be included in
31    the final report unless the registrant informed the official,
32    contemporaneously with the receipt of the gift or honorarium,
33    that the gift  or  honorarium  is  a  reportable  expenditure
34    pursuant to this Act.
 
                            -110-    LRB093 03133 JAM 17133 a
 1        (c)  Reports  under  this  Section shall be filed by July
 2    31, for expenditures from the previous January 1 through  the
 3    later  of  June  30  or  the final day of the regular General
 4    Assembly session, and by January 31,  for  expenditures  from
 5    the entire previous calendar year.
 6        Registrants  who made no reportable expenditures during a
 7    reporting  period  shall  file  a  report  stating  that   no
 8    expenditures  were  incurred.  Such reports shall be filed in
 9    accordance  with  the  deadlines  as   prescribed   in   this
10    subsection.
11        A  registrant  who  terminates employment or duties which
12    required him to  register  under  this  Act  shall  give  the
13    Secretary  of  State,  within  30 days after the date of such
14    termination, written notice of  such  termination  and  shall
15    include  therewith  a  report  of  the expenditures described
16    herein, covering the period of time since the filing  of  his
17    last  report  to  the date of termination of employment. Such
18    notice and report shall be final and relieve such  registrant
19    of  further  reporting  under  this  Act, unless and until he
20    later takes employment or assumes  duties  requiring  him  to
21    again register under this Act.
22        (d)  Failure  to  file  any  such  report within the time
23    designated or the reporting of incomplete  information  shall
24    constitute a violation of this Act.
25        A  registrant  shall preserve for a period of 2 years all
26    receipts and records used in  preparing  reports  under  this
27    Act.
28        (e)  Within 30 days after a filing deadline, the lobbyist
29    shall notify each official on whose behalf an expenditure has
30    been  reported.   Notification  shall include the name of the
31    registrant, the total amount of the expenditure, the date  on
32    which the expenditure occurred, and the subject matter of the
33    lobbying activity.
34    (Source: P.A. 90-78, eff. 1-1-98.)
 
                            -111-    LRB093 03133 JAM 17133 a
 1        (25 ILCS 170/6.5)
 2        Sec. 6.5.  Response to report by official.
 3        (a)  Every  person  required to register as prescribed in
 4    Section 3 and required to file a report with the Secretary of
 5    State as prescribed in Section 6  shall,  at  least  25  days
 6    before  the deadline for filing the report, provide a copy of
 7    the report to each official listed in  the  report  by  first
 8    class mail or hand delivery.  An official may, within 10 days
 9    after  receiving  the  copy  of  the  report, provide written
10    objections to the report by first class mail or hand delivery
11    to the person required to file the report.  If those  written
12    objections  conflict with the final report that is filed, the
13    written objections shall be filed along with the report.
14        (b)  Failure to provide  a  copy  of  the  report  to  an
15    official  listed  in the report within the time designated in
16    this Section is a violation of this Act.
17    (Source: P.A. 90-737, eff. 1-1-99.)

18        (25 ILCS 170/7) (from Ch. 63, par. 177)
19        Sec. 7. Duties of the Secretary of State.
20        It shall be the duty of the Secretary of State to provide
21    appropriate forms  for  the  registration  and  reporting  of
22    information   required   by   this   Act  and  to  keep  such
23    registrations and reports on file in his office for  3  years
24    from the date of filing. He shall also provide and maintain a
25    register  with  appropriate  blanks  and  indexes so that the
26    information required in Sections 5 and 6 of this Act  may  be
27    accordingly  entered. Such records shall be considered public
28    information and open to public inspection.
29        A report filed under this Act is due in the Office of the
30    Secretary of State no later than the close of business on the
31    date on which it is required to be filed.
32        Within 10 days after a filing deadline, the Secretary  of
33    State shall notify persons he determines are required to file
 
                            -112-    LRB093 03133 JAM 17133 a
 1    but have failed to do so.
 2        Not later than 12 months after the effective date of this
 3    amendatory  Act  of  the  93rd  General  Assembly, or as soon
 4    thereafter as the Secretary of State  has  provided  adequate
 5    software  to  the  persons  required  to  file,  all  reports
 6    required  under  this  Act shall be filed electronically. The
 7    Secretary of State shall  promptly  make  all  filed  reports
 8    publicly  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        Not later than 12 months after the effective date of this
15    amendatory Act of the 93rd General Assembly, the Secretary of
16    State  shall include registrants' pictures when publishing or
17    posting on his or her website  the  information  required  in
18    Section 5.
19    (Source: P.A. 88-187.)

20        Section  90-35.  The Illinois Procurement Code is amended
21    by changing Sections 50-13 and 50-30 as follows:

22        (30 ILCS 500/50-13)
23        Sec. 50-13.  Conflicts of interest.
24        (a)  Prohibition.  It is unlawful for any person  holding
25    an  elective  office  in  this  State,  holding a seat in the
26    General Assembly, or appointed to or employed in any  of  the
27    offices  or  agencies  of  State  government and who receives
28    compensation for such employment in  excess  of  60%  of  the
29    salary of the Governor of the State of Illinois, or who is an
30    officer  or  employee of the Capital Development Board or the
31    Illinois Toll Highway Authority, or  who  is  the  spouse  or
32    minor  child  of  any  such  person  to  have  or acquire any
 
                            -113-    LRB093 03133 JAM 17133 a
 1    contract, or any direct pecuniary interest  in  any  contract
 2    therein,  whether  for  stationery,  printing,  paper, or any
 3    services, materials, or supplies,  that  will  be  wholly  or
 4    partially  satisfied  by the payment of funds appropriated by
 5    the General Assembly of the  State  of  Illinois  or  in  any
 6    contract  of  the  Capital  Development Board or the Illinois
 7    Toll Highway Authority.
 8        (b)  Interests.    It   is   unlawful   for   any   firm,
 9    partnership, association, or corporation, in which any person
10    listed in subsection (a) is entitled to receive (i) more than
11    7 1/2% of the total distributable income or (ii) an amount in
12    excess of the salary of the Governor, to have or acquire  any
13    such contract or direct pecuniary interest therein.
14        (c)  Combined  interests.   It  is unlawful for any firm,
15    partnership, association, or corporation, in which any person
16    listed in subsection (a) together with his or her  spouse  or
17    minor  children  is entitled to receive (i) more than 15%, in
18    the aggregate, of the total distributable income or  (ii)  an
19    amount  in  excess  of 2 times the salary of the Governor, to
20    have  or  acquire  any  such  contract  or  direct  pecuniary
21    interest therein.
22        (c-5)  Appointees  and  firms.   In   addition   to   any
23    provisions  of this Code, the interests of certain appointees
24    and their firms are subject to Section 3A-35 of the  Illinois
25    Governmental Ethics Act.
26        (d)  Securities.  Nothing in this Section invalidates the
27    provisions  of  any bond or other security previously offered
28    or to be offered for sale or sold by  or  for  the  State  of
29    Illinois.
30        (e)  Prior  interests.   This Section does not affect the
31    validity of any  contract  made  between  the  State  and  an
32    officer  or  employee  of  the State or member of the General
33    Assembly, his or her spouse, minor child, or other  immediate
34    family   member  living  in  his  or  her  residence  or  any
 
                            -114-    LRB093 03133 JAM 17133 a
 1    combination  of  those  persons  if  that  contract  was   in
 2    existence  before  his  or  her  election or employment as an
 3    officer, member, or  employee.   The  contract  is  voidable,
 4    however,  if it cannot be completed within 365 days after the
 5    officer, member, or employee takes office or is employed.
 6        (f)  Exceptions.
 7             (1)  Public aid payments.   This  Section  does  not
 8        apply to payments made for a public aid recipient.
 9             (2)  Teaching.   This  Section  does  not apply to a
10        contract for personal services as  a  teacher  or  school
11        administrator between a member of the General Assembly or
12        his  or her spouse, or a State officer or employee or his
13        or her spouse, and any school district, public  community
14        college  district,  the  University of Illinois, Southern
15        Illinois University, Illinois State  University,  Eastern
16        Illinois   University,   Northern   Illinois  University,
17        Western Illinois University,  Chicago  State  University,
18        Governor   State  University,  or  Northeastern  Illinois
19        University.
20             (3)  Ministerial  duties.   This  Section  does  not
21        apply to a contract for personal  services  of  a  wholly
22        ministerial  character,  including  but  not  limited  to
23        services as a laborer, clerk, typist, stenographer, page,
24        bookkeeper,   receptionist,   or   telephone  switchboard
25        operator, made by a spouse or minor child of an  elective
26        or appointive State officer or employee or of a member of
27        the General Assembly.
28             (4)  Child  and  family services.  This Section does
29        not apply to payments made to a  member  of  the  General
30        Assembly,  a State officer or employee, his or her spouse
31        or minor child acting  as  a  foster  parent,  homemaker,
32        advocate,  or  volunteer  for  or in behalf of a child or
33        family served by the Department of  Children  and  Family
34        Services.
 
                            -115-    LRB093 03133 JAM 17133 a
 1             (5)  Licensed professionals. Contracts with licensed
 2        professionals,  provided  they  are  competitively bid or
 3        part of a reimbursement program for  specific,  customary
 4        goods and services through the Department of Children and
 5        Family  Services,  the  Department of Human Services, the
 6        Department  of  Public  Aid,  the  Department  of  Public
 7        Health, or the Department on Aging.
 8        (g)  Penalty. A person convicted of a violation  of  this
 9    Section  is  guilty  of a business offense and shall be fined
10    not less than $1,000 nor more than $5,000.
11    (Source: P.A. 90-572, eff. 2-6-98.)

12        (30 ILCS 500/50-30)
13        Sec. 50-30.  Revolving door prohibition.
14        (a)  Chief procurement  officers,  associate  procurement
15    officers,  State  purchasing  officers, their designees whose
16    principal duties are directly related to  State  procurement,
17    and  executive officers confirmed by the Senate are expressly
18    prohibited for a period  of  2  years  after  terminating  an
19    affected  position  from engaging in any procurement activity
20    relating to the State agency most recently employing them  in
21    an  affected position for a period of at least 6 months.  The
22    prohibition includes but is  not  limited  to:  lobbying  the
23    procurement  process;  specifying;  bidding;  proposing  bid,
24    proposal,  or  contract  documents; on their own behalf or on
25    behalf of any firm, partnership, association, or corporation.
26    This subsection Section applies only to persons who terminate
27    an affected position on or after January 15, 1999.
28        (b)  In addition to any other provisions  of  this  Code,
29    employment  of former State employees is subject to the State
30    Officials and Employees Ethics Act.
31    (Source: P.A. 90-572, eff. 2-6-98.)

32        Section 90-37.  The Raffles Act is  amended  by  changing
 
                            -116-    LRB093 03133 JAM 17133 a
 1    Section 8.1 as follows:

 2        (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
 3        Sec. 8.1.  (a) Political Committees.  For the purposes of
 4    this  Section  the  terms defined in this subsection have the
 5    meanings given them.

 6        "Net Proceeds" means the gross receipts from the  conduct
 7    of raffles, less reasonable sums expended for prizes, license
 8    fees  and  other  reasonable operating expenses incurred as a
 9    result of operating a raffle.

10        "Raffle" means a form of lottery, as defined  in  Section
11    28-2  (b)  of  the  "Criminal  Code  of 1961", conducted by a
12    political committee licensed under this Section, in which:
13             (1)  the player pays or agrees to pay  something  of
14        value  for  a chance, represented and differentiated by a
15        number or by a combination of numbers or  by  some  other
16        medium,  one or more of which chances is to be designated
17        the winning chance;
18             (2)  the winning chance is to be determined  through
19        a  drawing or by some other method based on an element of
20        chance by an act or set of acts on the  part  of  persons
21        conducting or connected with the lottery, except that the
22        winning  chance shall not be determined by the outcome of
23        a publicly exhibited sporting contest.
24        "Unresolved claim" means a claim for civil penalty  under
25    Sections  Section  9-3,  9-10,  and 9-23 of The Election Code
26    which has been begun by the State  Board  of  Elections,  has
27    been disputed by the political committee under the applicable
28    rules  of  the  State  Board  of  Elections, and has not been
29    finally decided either by the State Board of  Elections,  or,
30    where  application  for review has been made to the Courts of
31    Illinois, remains finally undecided by the Courts.
32        "Owes" means that a political committee has been  finally
 
                            -117-    LRB093 03133 JAM 17133 a
 1    determined  under  applicable  rules  of  the  State Board of
 2    Elections to be liable for a  civil  penalty  under  Sections
 3    Section 9-3, 9-10, and 9-23 of The Election Code.
 4        (b)  (1)  Licenses  issued pursuant to this Section shall
 5    be valid for one raffle or for a specified number of  raffles
 6    to  be  conducted during a specified period not to exceed one
 7    year and may be suspended or revoked  for  any  violation  of
 8    this  Section.   The  State Board of Elections shall act on a
 9    license  application  within  30  days  from  the   date   of
10    application.
11             (2)  Licenses  shall  be  issued  only  to political
12        committees which have been in existence continuously  for
13        a  period of 1 year immediately before making application
14        for a license and which have had  during  that  entire  1
15        year  period  a  bona fide membership engaged in carrying
16        out their objects.
17        (c)  Licenses issued by the State Board of Elections  are
18    subject to the following restrictions:
19             (1)  No political committee shall conduct raffles or
20        chances  without having first obtained a license therefor
21        pursuant to this Section.
22             (2)  The application for license shall  be  prepared
23        in  accordance  with  regulations  of  the State Board of
24        Elections and must specify the area or areas  within  the
25        State in which raffle chances will be sold or issued, the
26        time  period  during which raffle chances will be sold or
27        issued, the time of determination of winning chances  and
28        the  location  or locations at which winning chances will
29        be determined.
30             (3)  A license authorizes the  licensee  to  conduct
31        raffles as defined in this Section.
32        The  following  are ineligible for any license under this
33    Section:
34                  (i)  any  political  committee  which  has   an
 
                            -118-    LRB093 03133 JAM 17133 a
 1             officer who has been convicted of a felony;
 2                  (ii)  any  political  committee  which  has  an
 3             officer who is or has been a professional gambler or
 4             gambling promoter;
 5                  (iii)  any  political  committee  which  has an
 6             officer who is not of good moral character;
 7                  (iv)  any  political  committee  which  has  an
 8             officer  who  is  also  an  officer  of  a  firm  or
 9             corporation in which a person defined in  (i),  (ii)
10             or  (iii)  has  a  proprietary,  equitable or credit
11             interest, or in which such a  person  is  active  or
12             employed;
13                  (v)  any  political committee in which a person
14             defined  in  (i),  (ii)  or  (iii)  is  an  officer,
15             director, or employee, whether compensated or not;
16                  (vi)  any political committee in which a person
17             defined in (i), (ii) or (iii) is to  participate  in
18             the  management  or operation of a raffle as defined
19             in this Section;
20                  (vii)  any committee which, at the time of  its
21             application  for a license to conduct a raffle, owes
22             the  State  Board  of  Elections  any  unpaid  civil
23             penalty authorized by Sections  Section  9-3,  9-10,
24             and  9-23 of The Election Code, or is the subject of
25             an  unresolved  claim  for  a  civil  penalty  under
26             Sections Section 9-3, 9-10, and 9-23 of The Election
27             Code;
28                  (viii)  any political committee which,  at  the
29             time of its application to conduct a raffle, has not
30             submitted  any  report  or  document  required to be
31             filed by Article 9 of The  Election  Code  and  such
32             report or document is more than 10 days overdue.
33        (d) (1)  The  conducting  of  raffles  is  subject to the
34        following restrictions:
 
                            -119-    LRB093 03133 JAM 17133 a
 1                  (i)  The entire net proceeds of any raffle must
 2             be exclusively devoted to the lawful purposes of the
 3             political committee permitted to conduct that game.
 4                  (ii)  No person except a bona  fide  member  of
 5             the  political  committee  may  participate  in  the
 6             management or operation of the raffle.
 7                  (iii)  No  person  may receive any remuneration
 8             or profit for participating  in  the  management  or
 9             operation of the raffle.
10                  (iv)  Raffle chances may be sold or issued only
11             within the area specified on the license and winning
12             chances  may  be  determined only at those locations
13             specified on the license.
14                  (v)  A person under the age  of  18  years  may
15             participate  in the conducting of raffles or chances
16             only with the permission of a parent or guardian.  A
17             person under the age of 18 years may be  within  the
18             area where winning chances are being determined only
19             when accompanied by his parent or guardian.
20             (2)  If  a  lessor  rents  premises  where a winning
21        chance or chances on a raffle are determined, the  lessor
22        shall not be criminally liable if the person who uses the
23        premises  for the determining of winning chances does not
24        hold a  license  issued  under  the  provisions  of  this
25        Section.
26        (e) (1)  Each  political  committee  licensed  to conduct
27        raffles and chances  shall  keep  records  of  its  gross
28        receipts,  expenses  and  net  proceeds  for  each single
29        gathering  or  occasion  at  which  winning  chances  are
30        determined.  All deductions from gross receipts for  each
31        single  gathering  or  occasion  shall be documented with
32        receipts  or  other  records  indicating  the  amount,  a
33        description of the purchased item  or  service  or  other
34        reason   for  the  deduction,  and  the  recipient.   The
 
                            -120-    LRB093 03133 JAM 17133 a
 1        distribution of net proceeds  shall  be  itemized  as  to
 2        payee, purpose, amount and date of payment.
 3             (2)  Each  political  committee  licensed to conduct
 4        raffles shall report on the next report due to  be  filed
 5        under  Article 9 of The Election Code its gross receipts,
 6        expenses  and  net  proceeds  from   raffles,   and   the
 7        distribution of net proceeds itemized as required in this
 8        subsection.
 9        Such  reports  shall  be  included in the regular reports
10    required of political committees by Article 9 of The Election
11    Code.
12             (3)  Records required by this  subsection  shall  be
13        preserved  for  3  years,  and political committees shall
14        make available their records  relating  to  operation  of
15        raffles  for  public  inspection  at reasonable times and
16        places.
17        (f)  Violation of any provision  of  this  Section  is  a
18    Class C misdemeanor.
19        (g)  Nothing  in  this  Section  shall  be  construed  to
20    authorize the conducting or operating of any gambling scheme,
21    enterprise, activity or device other than raffles as provided
22    for herein.
23    (Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)

24        Section 90-40.  The State Lawsuit Immunity Act is amended
25    by changing Section 1 as follows:

26        (745 ILCS 5/1) (from Ch. 127, par. 801)
27        Sec. 1.  Except as provided in the "Illinois Public Labor
28    Relations  Act",  enacted  by  the  83rd General Assembly, or
29    except as provided in "AN ACT to create the Court  of  Claims
30    Act,  and  the  State  Officials  and Employees Ethics Act to
31    prescribe its powers and duties, and to repeal AN ACT  herein
32    named",  filed  July  17,  1945,  as  amended,  the  State of
 
                            -121-    LRB093 03133 JAM 17133 a
 1    Illinois shall not be made a defendant or party in any court.
 2    (Source: P.A. 83-1012.)

 3                             ARTICLE 99
 4                      MISCELLANEOUS PROVISIONS

 5        Section 99-5.  Severability.  The provisions of this  Act
 6    are severable under Section 1.31 of the Statute on Statutes.

 7        Section  99-15.  Closed  sessions; vote requirement. This
 8    Act authorizes the ethics commissions of the executive branch
 9    and legislative branch to conduct closed sessions,  hearings,
10    and  meetings  in certain circumstances. In order to meet the
11    requirements of subsection (c) of Section 5 of Article IV  of
12    the  Illinois  Constitution,  the General Assembly determines
13    that closed sessions, hearings, and meetings  of  the  ethics
14    commissions,   including   the   ethics  commission  for  the
15    legislative branch, are  required  by  the  public  interest.
16    Thus,  this  Act  is  enacted  by  the  affirmative  vote  of
17    two-thirds  of  the  members  elected  to  each  house of the
18    General Assembly.

19        Section 99-99.  Effective date.  This  Act  takes  effect
20    upon becoming law.".