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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
GENERAL PROVISIONS (5 ILCS 430/) State Officials and Employees Ethics Act. 5 ILCS 430/10-30
(5 ILCS 430/10-30)
Sec. 10-30. Gift ban; disposition of gifts. A member, officer, or
employee does not violate this Act if the member, officer, or employee promptly
takes reasonable action to return the prohibited gift to its source or gives
the gift or an amount
equal to its value to an
appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended,
renumbered, or succeeded.
(Source: P.A. 93-617, eff. 12-9-03.)
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5 ILCS 430/10-40
(5 ILCS 430/10-40)
Sec. 10-40. Gift ban; further restrictions. A State agency
may adopt or maintain policies that are more restrictive than those set forth
in this Article and may continue to follow any existing
policies, statutes, or regulations that are more restrictive or are in addition
to those set forth in this Article.
(Source: P.A. 93-617, eff. 12-9-03.)
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5 ILCS 430/Art. 15
(5 ILCS 430/Art. 15 heading)
ARTICLE 15
WHISTLE BLOWER PROTECTION
(Source: P.A. 93-615, eff. 11-19-03.) |
5 ILCS 430/15-5 (5 ILCS 430/15-5)
Sec. 15-5. Definitions. In this Article:
"Public body" means (1) any officer, member, or State agency; (2) the federal
government; (3) any local law enforcement agency or prosecutorial office; (4)
any
federal or State judiciary, grand or petit jury, law enforcement agency, or
prosecutorial office; and (5) any officer, employee, department, agency, or
other division of any of the foregoing.
"Supervisor" means an officer, a member, or a State employee who has
the authority to direct and control the work performance of a State
employee or who has authority to take corrective action regarding any violation
of a law, rule, or regulation of which the State employee complains.
"Retaliatory action" means the reprimand, discharge, suspension, demotion,
denial of promotion or transfer, or change in the terms or conditions
of
employment of any State employee,
that is taken in
retaliation for a State employee's involvement in protected activity, as
set forth in Section 15-10.
(Source: P.A. 96-555, eff. 8-18-09.) |
5 ILCS 430/15-10 (5 ILCS 430/15-10)
Sec. 15-10. Protected activity. An officer, a member, a State
employee, or a State agency
shall not
take any
retaliatory
action against a State employee because the State employee does any of the
following:
(1) Discloses or threatens to disclose to a | | supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation.
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(2) Provides information to or testifies before any
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(3) Assists or participates in a proceeding to
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(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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5 ILCS 430/15-20 (5 ILCS 430/15-20)
Sec. 15-20. Burden of proof. A violation of
this
Article may be established only upon a finding that (i)
the State employee engaged in conduct described in Section 15-10 and (ii) that
conduct
was a contributing factor in the retaliatory action alleged by
the State employee. It is not a violation, however, if it is demonstrated by
clear and convincing evidence that
the officer, member, other State employee, or State agency
would have taken the same
unfavorable personnel
action in the absence of that
conduct.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) |
5 ILCS 430/15-25 (5 ILCS 430/15-25)
Sec. 15-25. Remedies. The State employee may be awarded all remedies
necessary to make
the State employee whole and to prevent future violations of this Article.
The circuit courts of this State shall have jurisdiction to hear cases brought under this Article. Remedies imposed by the court may include, but are not limited to, all of the
following:
(1) reinstatement of the employee to either the same | | position held before the retaliatory action or to an equivalent position;
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(2) 2 times the amount of back pay;
(3) interest on the back pay;
(4) the reinstatement of full fringe benefits and
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(5) the payment of reasonable costs and attorneys'
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(Source: P.A. 96-555, eff. 8-18-09.)
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