Illinois-2019-HB2688-Introduced

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2688

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

`5 ILCS 430/1-5`
`5 ILCS 430/5-70 new`

Amends the State Officials and Employees Ethics Act. Provides for specified rights of complainants under the Act. Defines terms. Effective immediately.

LRB101 10124 RJF 55227 b

A BILL FOR

HB2688

LRB101 10124 RJF 55227 b

1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The State Officials and Employees Ethics Act is

5 amended by changing Section 1-5 and by adding Section 5-70 as

6 follows:

7 (5 ILCS 430/1-5)

8 Sec. 1-5. Definitions. As used in this Act:

9 "Appointee" means a person appointed to a position in or

10 with a State agency, regardless of whether the position is

11 compensated.

12 "Board members of Regional Transit Boards" means any person

13 appointed to serve on the governing board of a Regional Transit

14 Board.

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 political

19 organization, or the selection, nomination, or election of

20 Presidential or Vice-Presidential electors, but does not

21 include activities (i) relating to the support or opposition of

22 any executive, legislative, or administrative action (as those

23 terms are defined in Section 2 of the Lobbyist Registration

HB2688

- 2 -

LRB101 10124 RJF 55227 b

1 Act), (ii) relating to collective bargaining, or (iii) that are

2 otherwise in furtherance of the person's official State duties.

3 "Candidate" means a person who has filed nominating papers

4 or petitions for nomination or election to an elected State

5 office, or who has been appointed to fill a vacancy in

6 nomination, and who remains eligible for placement on the

7 ballot at either a general primary election or general

8 election.

9 "Collective bargaining" has the same meaning as that term

10 is defined in Section 3 of the Illinois Public Labor Relations

11 Act.

12 "Commission" means an ethics commission created by this

13 Act.

14 "Compensated time" means any time worked by or credited to

15 a State employee that counts toward any minimum work time

16 requirement imposed as a condition of employment with a State

17 agency, but does not include any designated State holidays or

18 any period when the employee is on a leave of absence.

19 "Compensatory time off" means authorized time off earned by

20 or awarded to a State employee to compensate in whole or in

21 part for time worked in excess of the minimum work time

22 required of that employee as a condition of employment with a

23 State agency.

24 "Complainant" means a person who makes a complaint with the

25 Office of an Inspector General against any officer of the State

26 or State employee alleging violations of any laws, policies,

HB2688

- 3 -

LRB101 10124 RJF 55227 b

1 procedures, or rules established under this Act.

2 "Contribution" has the same meaning as that term is defined

3 in Section 9-1.4 of the Election Code.

4 "Employee" means (i) any person employed full-time,

5 part-time, or pursuant to a contract and whose employment

6 duties are subject to the direction and control of an employer

7 with regard to the material details of how the work is to be

8 performed or (ii) any appointed or elected commissioner,

9 trustee, director, or board member of a board of a State

10 agency, including any retirement system or investment board

11 subject to the Illinois Pension Code or (iii) any other

12 appointee.

13 "Employment benefits" include but are not limited to the

14 following: modified compensation or benefit terms; compensated

15 time off; or change of title, job duties, or location of office

16 or employment. An employment benefit may also include favorable

17 treatment in determining whether to bring any disciplinary or

18 similar action or favorable treatment during the course of any

19 disciplinary or similar action or other performance review.

20 "Executive branch constitutional officer" means the

21 Governor, Lieutenant Governor, Attorney General, Secretary of

22 State, Comptroller, and Treasurer.

23 "Gift" means any gratuity, discount, entertainment,

24 hospitality, loan, forbearance, or other tangible or

25 intangible item having monetary value including, but not

26 limited to, cash, food and drink, and honoraria for speaking

HB2688

- 4 -

LRB101 10124 RJF 55227 b

1 engagements related to or attributable to government

2 employment or the official position of an employee, member, or

3 officer. The value of a gift may be further defined by rules

4 adopted by the appropriate ethics commission or by the Auditor

5 General for the Auditor General and for employees of the office

6 of the Auditor General.

7 "Governmental entity" means a unit of local government

8 (including a community college district) or a school district

9 but not a State agency or a Regional Transit Board.

10 "Inspector General" means an Executive Inspector General,

11 the Legislative Inspector General, or any other inspector

12 general created and authorized under this Act.

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 member

19 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 the

22 House of Representatives.

23 "Member" means a member of the General Assembly.

24 "Officer" means an executive branch constitutional officer

25 or a legislative branch constitutional officer.

26 "Political" means any activity in support of or in

HB2688

- 5 -

LRB101 10124 RJF 55227 b

1 connection with any campaign for elective office or any

2 political organization, but does not include activities (i)

3 relating to the support or opposition of any executive,

4 legislative, or administrative action (as those terms are

5 defined in Section 2 of the Lobbyist Registration Act), (ii)

6 relating to collective bargaining, or (iii) that are otherwise

7 in furtherance of the person's official State duties or

8 governmental and public service functions.

9 "Political organization" means a party, committee,

10 association, fund, or other organization (whether or not

11 incorporated) that is required to file a statement of

12 organization with the State Board of Elections or a county

13 clerk under Section 9-3 of the Election Code, but only with

14 regard to those activities that require filing with the State

15 Board of Elections or a county clerk.

16 "Prohibited political activity" means:

17 (1) Preparing for, organizing, or participating in any

18 political meeting, political rally, political

19 demonstration, or other political event.

20 (2) Soliciting contributions, including but not

21 limited to the purchase of, selling, distributing, or

22 receiving payment for tickets for any political

23 fundraiser, political meeting, or other political event.

24 (3) Soliciting, planning the solicitation of, or

25 preparing any document or report regarding any thing of

26 value intended as a campaign contribution.

HB2688

- 6 -

LRB101 10124 RJF 55227 b

1 (4) Planning, conducting, or participating in a public

2 opinion poll in connection with a campaign for elective

3 office or on behalf of a political organization for

4 political purposes or for or against any referendum

5 question.

6 (5) Surveying or gathering information from potential

7 or actual voters in an election to determine probable vote

8 outcome in connection with a campaign for elective office

9 or on behalf of a political organization for political

10 purposes or for or against any referendum question.

11 (6) Assisting at the polls on election day on behalf of

12 any political organization or candidate for elective

13 office or for or against any referendum question.

14 (7) Soliciting votes on behalf of a candidate for

15 elective office or a political organization or for or

16 against any referendum question or helping in an effort to

17 get voters to the polls.

18 (8) Initiating for circulation, preparing,

19 circulating, reviewing, or filing any petition on behalf of

20 a candidate for elective office or for or against any

21 referendum question.

22 (9) Making contributions on behalf of any candidate for

23 elective office in that capacity or in connection with a

24 campaign for elective office.

25 (10) Preparing or reviewing responses to candidate

26 questionnaires in connection with a campaign for elective

HB2688

- 7 -

LRB101 10124 RJF 55227 b

1 office or on behalf of a political organization for

2 political purposes.

3 (11) Distributing, preparing for distribution, or

4 mailing campaign literature, campaign signs, or other

5 campaign material on behalf of any candidate for elective

6 office or for or against any referendum question.

7 (12) Campaigning for any elective office or for or

8 against any referendum question.

9 (13) Managing or working on a campaign for elective

10 office or for or against any referendum question.

11 (14) Serving as a delegate, alternate, or proxy to a

12 political party convention.

13 (15) Participating in any recount or challenge to the

14 outcome of any election, except to the extent that under

15 subsection (d) of Section 6 of Article IV of the Illinois

16 Constitution each house of the General Assembly shall judge

17 the elections, returns, and qualifications of its members.

18 "Prohibited source" means any person or entity who:

19 (1) is seeking official action (i) by the member or

20 officer or (ii) in the case of an employee, by the employee

21 or by the member, officer, State agency, or other employee

22 directing the employee;

23 (2) does business or seeks to do business (i) with the

24 member or officer or (ii) in the case of an employee, with

25 the employee or with the member, officer, State agency, or

26 other employee directing the employee;

HB2688

- 8 -

LRB101 10124 RJF 55227 b

1 (3) conducts activities regulated (i) by the member or

2 officer or (ii) in the case of an employee, by the employee

3 or by the member, officer, State agency, or other employee

4 directing the employee;

5 (4) has interests that may be substantially affected by

6 the performance or non-performance of the official duties

7 of the member, officer, or employee;

8 (5) is registered or required to be registered with the

9 Secretary of State under the Lobbyist Registration Act,

10 except that an entity not otherwise a prohibited source

11 does not become a prohibited source merely because a

12 registered lobbyist is one of its members or serves on its

13 board of directors; or

14 (6) is an agent of, a spouse of, or an immediate family

15 member who is living with a "prohibited source".

16 "Regional Transit Boards" means (i) the Regional

17 Transportation Authority created by the Regional

18 Transportation Authority Act, (ii) the Suburban Bus Division

19 created by the Regional Transportation Authority Act, (iii) the

20 Commuter Rail Division created by the Regional Transportation

21 Authority Act, and (iv) the Chicago Transit Authority created

22 by the Metropolitan Transit Authority Act.

23 "State agency" includes all officers, boards, commissions

24 and agencies created by the Constitution, whether in the

25 executive or legislative branch; all officers, departments,

26 boards, commissions, agencies, institutions, authorities,

HB2688

- 9 -

LRB101 10124 RJF 55227 b

1 public institutions of higher learning as defined in Section 2

2 of the Higher Education Cooperation Act (except community

3 colleges), and bodies politic and corporate of the State; and

4 administrative units or corporate outgrowths of the State

5 government which are created by or pursuant to statute, other

6 than units of local government (including community college

7 districts) and their officers, school districts, and boards of

8 election commissioners; and all administrative units and

9 corporate outgrowths of the above and as may be created by

10 executive order of the Governor. "State agency" includes the

11 General Assembly, the Senate, the House of Representatives, the

12 President and Minority Leader of the Senate, the Speaker and

13 Minority Leader of the House of Representatives, the Senate

14 Operations Commission, and the legislative support services

15 agencies. "State agency" includes the Office of the Auditor

16 General. "State agency" does not include the judicial branch.

17 "State employee" means any employee of a State agency.

18 "Ultimate jurisdictional authority" means the following:

19 (1) For members, legislative partisan staff, and

20 legislative secretaries, the appropriate legislative

21 leader: President of the Senate, Minority Leader of the

22 Senate, Speaker of the House of Representatives, or

23 Minority Leader of the House of Representatives.

24 (2) For State employees who are professional staff or

25 employees of the Senate and not covered under item (1), the

26 Senate Operations Commission.

HB2688

- 10 -

LRB101 10124 RJF 55227 b

1 (3) For State employees who are professional staff or

2 employees of the House of Representatives and not covered

3 under item (1), the Speaker of the House of

4 Representatives.

5 (4) For State employees who are employees of the

6 legislative support services agencies, the Joint Committee

7 on Legislative Support Services.

8 (5) For State employees of the Auditor General, the

9 Auditor General.

10 (6) For State employees of public institutions of

11 higher learning as defined in Section 2 of the Higher

12 Education Cooperation Act (except community colleges), the

13 board of trustees of the appropriate public institution of

14 higher learning.

15 (7) For State employees of an executive branch

16 constitutional officer other than those described in

17 paragraph (6), the appropriate executive branch

18 constitutional officer.

19 (8) For State employees not under the jurisdiction of

20 paragraph (1), (2), (3), (4), (5), (6), or (7), the

21 Governor.

22 (9) For employees of Regional Transit Boards, the

23 appropriate Regional Transit Board.

24 (10) For board members of Regional Transit Boards, the

25 Governor.

26 (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528,

HB2688

- 11 -

LRB101 10124 RJF 55227 b

1 eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)

2 (5 ILCS 430/5-70 new)

3 Sec. 5-70. Rights of complainants. Each complainant under

4 this Act has a right to the following:

5 (1) to be notified of the complainant's rights and

6 receive an explanation of the process, rules, and

7 procedures related to the complainant's rights, including,

8 but not limited to, the duties of the Inspector General and

9 the appropriate Ethics Commission within 48 hours of filing

10 a complaint with the Inspector General;

11 (2) to be notified of the receipt of his or her

12 complaint by the Inspector General, notice must be provided

13 within 48 hours for sexual harassment complaints, and no

14 later than 30 days for all other complaints;

15 (3) to be informed of the decision made and actions

16 taken by the Inspector General as to whether the complaint

17 warrants an investigation or referral, information must be

18 provided within 48 hours for sexual harassment complaints,

19 and no later than 30 days for all other complaints;

20 (4) to have an attorney or support person of the

21 complainant's choice, and at the complainant's expense,

22 present at any and all interviews or meetings, whether in

23 person or by any other form of communication, that is

24 arranged either by the complainant or the Inspector

25 General;

HB2688

- 12 -

LRB101 10124 RJF 55227 b

1 (5) to receive the Inspector General's summary of the

2 information provided to the Inspector General, including

3 any and all statements and evidence provided to the

4 Inspector General by the complainant, for the

5 complainant's review and for the complainant to make any

6 necessary corrections to the summary or provide additional

7 content for inclusion in the Inspector General's summary of

8 the complainant's statements and evidence;

9 (6) to submit a victim impact statement that shall be

10 included in the Inspector General's summary report to the

11 appropriate Ethics Commission for its consideration in

12 determining an appropriate outcome;

13 (7) to testify and be heard at a hearing on the

14 complaint;

15 (8) to attend a hearing on the complaint with an

16 attorney or other support person of the complainant's

17 choice, and at the complainant's expense;

18 (9) to receive a report of the Inspector General's

19 findings and recommendations of the Inspector General's

20 investigation of the complaint within 7 days after the

21 appropriate Ethics Commission's receipt of the Inspector

22 General's findings and recommendations.

23 (10) a report of the appropriate Ethics Commission's

24 decision to determine the outcome of the complaint within 7

25 days of the final decision; and

26 (11) to file a complaint with the Inspector General for

HB2688

- 13 -

LRB101 10124 RJF 55227 b

1 any violation of the complainant's rights under this

2 Section that is subject to the fines and penalties

3 established under this Act.

4 Section 99. Effective date. This Act takes effect upon

5 becoming law.