Bill Text: IL HB4151 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides new requirements for the composition, duration, and responsibilities of appointees to the Legislative Ethics Commission. Removes specified existing requirements for persons appointed to the Legislative Ethics Commission. Changes the title of Legislative Inspector General to Legislative Ethics Review Officer. Provides that the initial term of the Legislative Ethics Review Officer shall run through June 30, 2019. Modifies the duties of the Legislative Ethics Review Officer. Provides further information posting and reporting requirements for specified ethics officers and the Legislative Ethics Commission. Requires the Legislative Ethics Review Officer to file a monthly (currently, quarterly) activity report with the Legislative Ethics Commission that reflects investigative activity during the previous month. Requires the Legislative Ethics Review Officer to submit monthly (currently, quarterly) reports to the General Assembly and the Legislative Ethics Commission indicating specified information. Amends the Illinois Governmental Ethics Act to provide the Legislative Ethics Commission with jurisdiction over violations relating to restricted activities and the rules of conduct for legislators. Amends the Illinois Public Labor Relations Act, the State Budget Law, the Personnel Code, and the Illinois Pension Code to make conforming changes.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4151 Detail]

Download: Illinois-2017-HB4151-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4151 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED:
See Index
Amends the State Officials and Employees Ethics Act. Provides new requirements for the composition, duration, and responsibilities of appointees to the Legislative Ethics Commission. Removes specified existing requirements for persons appointed to the Legislative Ethics Commission. Changes the title of Legislative Inspector General to Legislative Ethics Review Officer. Provides that the initial term of the Legislative Ethics Review Officer shall run through June 30, 2019. Modifies the duties of the Legislative Ethics Review Officer. Provides further information posting and reporting requirements for specified ethics officers and the Legislative Ethics Commission. Requires the Legislative Ethics Review Officer to file a monthly (currently, quarterly) activity report with the Legislative Ethics Commission that reflects investigative activity during the previous month. Requires the Legislative Ethics Review Officer to submit monthly (currently, quarterly) reports to the General Assembly and the Legislative Ethics Commission indicating specified information. Amends the Illinois Governmental Ethics Act to provide the Legislative Ethics Commission with jurisdiction over violations relating to restricted activities and the rules of conduct for legislators. Amends the Illinois Public Labor Relations Act, the State Budget Law, the Personnel Code, and the Illinois Pension Code to make conforming changes.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.

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(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to the effective date of this amendatory Act of

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the 93rd General Assembly, and the organization shall be
considered to be the exclusive representative of the personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the
exclusive representative of the child and day care home
providers as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986
(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive

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representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for the
workers of a water system that was owned by a public utility,
as defined in Section 3-105 of the Public Utilities Act, prior
to becoming certified employees of a municipality or
municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.

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(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the

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case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the Secretary
of State, the Comptroller, or the Treasurer, as the case may
be, and whose job duties require the person to regularly
communicate in the course of his or her employment with any
official or staff of the General Assembly of the State of
Illinois for the purpose of influencing any legislative action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a
bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after April 5, 2013 (the effective date of Public

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Act 97-1172), or (iii) for which a petition is pending before
the Illinois Public Labor Relations Board on that date,
"managerial employee" means an individual who is engaged in
executive and management functions or who is charged with the
effectuation of management policies and practices or who
represents management interests by taking or recommending
discretionary actions that effectively control or implement
policy. Nothing in this definition prohibits an individual from
also meeting the definition of "supervisor" under subsection
(r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian

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employees of a police department who are not routinely expected
to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional

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person to qualify to become a professional employee as defined
in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal assistants working
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, subject to the
limitations set forth in this Act and in the Rehabilitation of
Persons with Disabilities Act, (iii) as of the effective date
of this amendatory Act of the 94th General Assembly, but not
before, child and day care home providers participating in the
child care assistance program under Section 9A-11 of the
Illinois Public Aid Code, subject to the limitations set forth
in this Act and in Section 9A-11 of the Illinois Public Aid
Code, (iv) as of January 29, 2013 (the effective date of Public
Act 97-1158), but not before except as otherwise provided in
this subsection (n), home care and home health workers who
function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act, no matter whether the State provides those
services through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, (v) beginning on the effective date

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of this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any person
employed by a public employer and who is classified as or who
holds the employment title of Chief Stationary Engineer,
Assistant Chief Stationary Engineer, Sewage Plant Operator,
Water Plant Operator, Stationary Engineer, Plant Operating
Engineer, and any other employee who holds the position of:
Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
Technical Manager I, Technical Manager II, Technical Manager
III, Technical Manager IV, Technical Manager V, Technical
Manager VI, Realty Specialist III, Realty Specialist IV, Realty
Specialist V, Technical Advisor I, Technical Advisor II,
Technical Advisor III, Technical Advisor IV, or Technical
Advisor V employed by the Department of Transportation who is
in a position which is certified in a bargaining unit on or
before the effective date of this amendatory Act of the 98th
General Assembly, and (vi) beginning on the effective date of
this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any mental
health administrator in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 8K), any employee of the Office of the
Inspector General in the Department of Human Services who is
classified as or who holds the position of Public Service
Administrator (Option 7), any Deputy of Intelligence in the
Department of Corrections who is classified as or who holds the

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position of Public Service Administrator (Option 7), and any
employee of the Department of State Police who handles issues
concerning the Illinois State Police Sex Offender Registry and
who is classified as or holds the position of Public Service
Administrator (Option 7), but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Ethics Review
Officer Inspector General; any special Legislative Ethics
Review Officers Inspectors General; employees of the Office of
the Legislative Ethics Review Officer Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; legislative liaisons; a

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person who is a State employee under the jurisdiction of the
Office of the Attorney General who is licensed to practice law
or whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation; a person who is a State employee under
the jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code; a
person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of State
Merit Employment Code and who are in Rutan-exempt positions on
or after April 5, 2013 (the effective date of Public Act
97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency

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Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers

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who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the

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employer of the personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act. As of January 29, 2013 (the effective date of
Public Act 97-1158), but not before except as otherwise
provided in this subsection (o), the State shall be considered
the employer of home care and home health workers who function
as personal assistants and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, no matter whether the State provides those services
through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, but subject to the limitations set
forth in this Act and the Rehabilitation of Persons with
Disabilities Act. The State shall not be considered to be the
employer of home care and home health workers who function as
personal assistants and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, for any purposes not specifically provided for in Public
Act 93-204 or Public Act 97-1158, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Home care
and home health workers who function as personal assistants and

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individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). As of the effective date of this amendatory Act of
the 94th General Assembly but not before, the State of Illinois
shall be considered the employer of the day and child care home
providers participating in the child care assistance program
under Section 9A-11 of the Illinois Public Aid Code, subject to
the limitations set forth in this Act and in Section 9A-11 of
the Illinois Public Aid Code. The State shall not be considered
to be the employer of child and day care home providers for any
purposes not specifically provided for in this amendatory Act
of the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Ethics Review Officer, Inspector General, the
Office of the Auditor General's Inspector General, the Office
of the Governor, the Governor's Office of Management and

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Budget, the Illinois Finance Authority, the Office of the
Lieutenant Governor, the State Board of Elections, and
educational employers or employers as defined in the Illinois
Educational Labor Relations Act, except with respect to a state
university in its employment of firefighters and peace officers
and except with respect to a school district in the employment
of peace officers in its own police department in existence on
the effective date of this amendatory Act of the 96th General
Assembly. County boards and county sheriffs shall be designated
as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this
subsection (o) shall be construed to prevent the State Panel or
the Local Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits, a group consisting of the chief judges of those

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circuits, acting jointly by majority vote, is the public
employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Department of State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially

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different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law
enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status.
Notwithstanding the provisions of the preceding

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paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the
persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were certified
in a bargaining unit on or after December 2, 2008, (ii) for
which a petition is filed with the Illinois Public Labor
Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition
is pending before the Illinois Public Labor Relations Board
on that date, an employee who qualifies as a supervisor
under (A) Section 152 of the National Labor Relations Act
and (B) orders of the National Labor Relations Board
interpreting that provision or decisions of courts

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reviewing decisions of the National Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, a bargaining unit determined by the Board
shall not include both employees and supervisors, or
supervisors only, except as provided in paragraph (2) of this
subsection (s) and except for bargaining units in existence on
July 1, 1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
a bargaining unit determined by the Board shall not include
both supervisors and nonsupervisors, or supervisors only,
except as provided in paragraph (2) of this subsection (s) and
except for bargaining units in existence on January 1, 1986
(the effective date of this amendatory Act of 1985). A
bargaining unit determined by the Board to contain peace
officers shall contain no employees other than peace officers
unless otherwise agreed to by the employer and the labor
organization or labor organizations involved. Notwithstanding
any other provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of

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the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined in
the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th,
and, on and after December 4, 2006, the 22nd judicial circuits;
and one unit shall be court reporters employed by all other
judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

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S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
99-143, eff. 7-27-15.)
Section 7. The Illinois Governmental Ethics Act is amended
by adding Sections 2-115 and 3-108 as follows:
(5 ILCS 420/2-115 new)
Sec. 2-115. Legislative Ethics Commission. Notwithstanding
any provision of law to the contrary, a violation of any
provision of this Article 2 is subject to the jurisdiction of
the Legislative Ethics Commission and the Legislative Ethics
Review Officer, including the imposition of a fine or other
penalty. A fine or other penalty imposed by the Legislative
Ethics Commission shall be in addition to any criminal or other

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penalties that may otherwise be imposed for that violation.
(5 ILCS 420/3-108 new)
Sec. 3-108. Legislative Ethics Commission. Notwithstanding
any provision of law to the contrary, a violation of any
provision of this Part 1 is subject to the jurisdiction of the
Legislative Ethics Commission and the Legislative Ethics
Review Officer, including the imposition of a fine or other
penalty. A fine or other penalty imposed by the Legislative
Ethics Commission shall be in addition to any criminal or other
penalties that may otherwise be imposed for that violation.
Section 10. The State Officials and Employees Ethics Act is
amended by changing Section 5-45 and the heading of Article 25
and Sections 25-5, 25-10, 25-15, 25-20, 25-21, 25-23, 25-45,
25-50, 25-51, 25-52, 25-55, 25-65, 25-70, 25-80, 25-85, 25-86,
25-90, and 25-95 as follows:
(5 ILCS 430/5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or spouse
or immediate family member living with such person, shall,
within a period of one year immediately after termination of
State employment, knowingly accept employment or receive
compensation or fees for services from a person or entity if
the officer, member, or State employee, during the year

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immediately preceding termination of State employment,
participated personally and substantially in the award of State
contracts, or the issuance of State contract change orders,
with a cumulative value of $25,000 or more to the person or
entity, or its parent or subsidiary.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately
after termination of State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the officer or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in making a
regulatory or licensing decision that directly applied to the
person or entity, or its parent or subsidiary.
(c) Within 6 months after the effective date of this
amendatory Act of the 96th General Assembly, each executive
branch constitutional officer and legislative leader, the
Auditor General, and the Joint Committee on Legislative Support
Services shall adopt a policy delineating which State positions
under his or her jurisdiction and control, by the nature of
their duties, may have the authority to participate personally
and substantially in the award of State contracts or in
regulatory or licensing decisions. The Governor shall adopt
such a policy for all State employees of the executive branch

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not under the jurisdiction and control of any other executive
branch constitutional officer.
The policies required under subsection (c) of this Section
shall be filed with the appropriate ethics commission
established under this Act or, for the Auditor General, with
the Office of the Auditor General.
(d) Each Inspector General shall have the authority to
determine that additional State positions under his or her
jurisdiction, not otherwise subject to the policies required by
subsection (c) of this Section, are nonetheless subject to the
notification requirement of subsection (f) below due to their
involvement in the award of State contracts or in regulatory or
licensing decisions.
(e) The Joint Committee on Legislative Support Services,
the Auditor General, and each of the executive branch
constitutional officers and legislative leaders subject to
subsection (c) of this Section shall provide written
notification to all employees in positions subject to the
policies required by subsection (c) or a determination made
under subsection (d): (1) upon hiring, promotion, or transfer
into the relevant position; and (2) at the time the employee's
duties are changed in such a way as to qualify that employee.
An employee receiving notification must certify in writing that
the person was advised of the prohibition and the requirement
to notify the appropriate Inspector General in subsection (f).
(f) Any State employee in a position subject to the

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policies required by subsection (c) or to a determination under
subsection (d), but who does not fall within the prohibition of
subsection (h) below, who is offered non-State employment
during State employment or within a period of one year
immediately after termination of State employment shall, prior
to accepting such non-State employment, notify the appropriate
Inspector General. Within 10 calendar days after receiving
notification from an employee in a position subject to the
policies required by subsection (c), such Inspector General
shall make a determination as to whether the State employee is
restricted from accepting such employment by subsection (a) or
(b). In making a determination, in addition to any other
relevant information, an Inspector General shall assess the
effect of the prospective employment or relationship upon
decisions referred to in subsections (a) and (b), based on the
totality of the participation by the former officer, member, or
State employee in those decisions. A determination by an
Inspector General must be in writing, signed and dated by the
Inspector General, and delivered to the subject of the
determination within 10 calendar days or the person is deemed
eligible for the employment opportunity. For purposes of this
subsection, "appropriate Inspector General" means (i) for
members and employees of the legislative branch, the
Legislative Ethics Review Officer; Inspector General; (ii) for
the Auditor General and employees of the Office of the Auditor
General, the Inspector General provided for in Section 30-5 of

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this Act; and (iii) for executive branch officers and
employees, the Inspector General having jurisdiction over the
officer or employee. Notice of any determination of an
Inspector General and of any such appeal shall be given to the
ultimate jurisdictional authority, the Attorney General, and
the Executive Ethics Commission.
(g) An Inspector General's determination regarding
restrictions under subsection (a) or (b) may be appealed to the
appropriate Ethics Commission by the person subject to the
decision or the Attorney General no later than the 10th
calendar day after the date of the determination.
On appeal, the Ethics Commission or Auditor General shall
seek, accept, and consider written public comments regarding a
determination. In deciding whether to uphold an Inspector
General's determination, the appropriate Ethics Commission or
Auditor General shall assess, in addition to any other relevant
information, the effect of the prospective employment or
relationship upon the decisions referred to in subsections (a)
and (b), based on the totality of the participation by the
former officer, member, or State employee in those decisions.
The Ethics Commission shall decide whether to uphold an
Inspector General's determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
(h) The following officers, members, or State employees
shall not, within a period of one year immediately after
termination of office or State employment, knowingly accept

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employment or receive compensation or fees for services from a
person or entity if the person or entity or its parent or
subsidiary, during the year immediately preceding termination
of State employment, was a party to a State contract or
contracts with a cumulative value of $25,000 or more involving
the officer, member, or State employee's State agency, or was
the subject of a regulatory or licensing decision involving the
officer, member, or State employee's State agency, regardless
of whether he or she participated personally and substantially
in the award of the State contract or contracts or the making
of the regulatory or licensing decision in question:
(1) members or officers;
(2) members of a commission or board created by the
Illinois Constitution;
(3) persons whose appointment to office is subject to
the advice and consent of the Senate;
(4) the head of a department, commission, board,
division, bureau, authority, or other administrative unit
within the government of this State;
(5) chief procurement officers, State purchasing
officers, and their designees whose duties are directly
related to State procurement; and
(6) chiefs of staff, deputy chiefs of staff, associate
chiefs of staff, assistant chiefs of staff, and deputy
governors.
(i) For the purposes of this Section, with respect to

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officers or employees of a regional transit board, as defined
in this Act, the phrase "person or entity" does not include:
(i) the United States government, (ii) the State, (iii)
municipalities, as defined under Article VII, Section 1 of the
Illinois Constitution, (iv) units of local government, as
defined under Article VII, Section 1 of the Illinois
Constitution, or (v) school districts.
(j) For the purposes of this Section, "Inspector General"
as used in this Section includes persons appointed as
Legislative Ethics Review Officers under Section 25-10 of this
Act.
(Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.)
(5 ILCS 430/Art. 25 heading)
ARTICLE 25
LEGISLATIVE ETHICS COMMISSION AND
LEGISLATIVE ETHICS REVIEW OFFICER INSPECTOR GENERAL
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-5)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each from the Democratic and
Republican caucuses of both the Senate and the House of
Representatives. The Legislative Ethics Review Officer shall

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select the 8 commissioners randomly with the ethics officer
legislative for each caucus present as witnesses. There shall
also be randomly selected from each legislative caucus one
alternate commissioner to serve the same term period as
provided for the 8 seated commissioners under this subsection
(b). Alternate commissioners shall replace a seated
commissioner when: (1) a conflict of interest arises; or (2) a
sitting commissioner cannot serve due to illness or any other
similar incapacity that may prevent a seated commissioner from
serving by the President and Minority Leader of the Senate and
the Speaker and Minority Leader of the House of
Representatives.
The terms of the initial commissioners shall commence upon
qualification. Positions on the Legislative Ethics Commission
will last 60 days, at which time new members are randomly
chosen. During that 60 day time period, the Legislative Ethics
Commission shall receive all findings from the Legislative
Ethics Review Officer and render a decision based on their
recommendations. No new findings may be submitted to the
Legislative Ethics Commission if less than 7 calendar days
remain in the 60 day period, to allow the Legislative Ethics
Commission proper time to evaluate the findings before making a
determination on whether or not to render a decision on the
findings. Each appointing authority shall designate one
appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one

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appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within 60
days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may not be reappointed to consecutive one or more
subsequent terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) Blank. The appointing authorities shall appoint
commissioners who have experience holding governmental office
or employment and may appoint commissioners who are members of
the General Assembly as well as commissioners from the general
public. A commissioner who is a member of the General Assembly
must recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject. A person is not eligible to serve as a
commissioner if that person (i) has been convicted of a felony
or a crime of dishonesty or moral turpitude, (ii) is, or was
within the preceding 12 months, engaged in activities that
require registration under the Lobbyist Registration Act,
(iii) is a relative of the appointing authority, or (iv) is a

HB4151 - 33 - LRB100 15490 JWD 30616 b
State officer or employee other than a member of the General
Assembly.
(d) The Legislative Ethics Commission shall have
jurisdiction over members of the General Assembly and all State
employees whose ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
jurisdiction of the Commission is limited to matters arising
under this Act, and Article 2 and Part 1 of Article 3 of the
Illinois Governmental Ethics Act.
An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the
jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
(e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no

HB4151 - 34 - LRB100 15490 JWD 30616 b
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(f) Blank. No commissioner, other than a commissioner who
is a member of the General Assembly, or employee of the
Legislative Ethics Commission may during his or her term of
appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) Blank. An appointing authority may remove a
commissioner only for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.

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(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Ethics Review Officer
Inspector General.
(a) The independent Office of the Legislative Ethics Review
Officer Inspector General is created. The Office shall be under
the direction and supervision of the Legislative Ethics Review
Officer Inspector General and shall be a fully independent
office with its own appropriation.
(b) The Legislative Ethics Review Officer Inspector
General shall be appointed without regard to political
affiliation and solely on the basis of integrity and
demonstrated ability. The Legislative Ethics Commission shall
diligently search out qualified candidates for Legislative
Ethics Review Officer Inspector General and shall make
recommendations to the General Assembly.
The Legislative Ethics Review Officer Inspector General
shall be appointed by a joint resolution of the Senate and the
House of Representatives, which may specify the date on which
the appointment takes effect. A joint resolution, or other
document as may be specified by the Joint Rules of the General
Assembly, appointing the Legislative Ethics Review Officer
Inspector General must be certified by the Speaker of the House
of Representatives and the President of the Senate as having
been adopted by the affirmative vote of three-fifths of the

HB4151 - 36 - LRB100 15490 JWD 30616 b
members elected to each house, respectively, and be filed with
the Secretary of State. The appointment of the Legislative
Ethics Review Officer Inspector General takes effect on the day
the appointment is completed by the General Assembly, unless
the appointment specifies a later date on which it is to become
effective.
The Legislative Ethics Review Officer Inspector General
shall have the following qualifications:
(1) has not been convicted of any felony under the laws
of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (B) as a federal, State, or local prosecutor; (C)
as a senior manager or executive of a federal, State, or
local agency; (D) as a member, an officer, or a State or
federal judge; or (E) representing any combination of (A)
through (D).
The Legislative Ethics Review Officer Inspector General
may not be a relative of a commissioner.
The term of the initial Legislative Ethics Review Officer
Inspector General shall commence upon qualification and shall
run through June 30, 2019 2008.
After the initial term, the Legislative Ethics Review

HB4151 - 37 - LRB100 15490 JWD 30616 b
Officer Inspector General shall serve for 5-year terms
commencing on July 1 of the year of appointment and running
through June 30 of the fifth following year. The Legislative
Ethics Review Officer Inspector General may be reappointed to
one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled in the same manner as an appointment only for the
balance of the term of the Legislative Ethics Review Officer
Inspector General whose office is vacant. If the Office is
vacant, or if a Legislative Ethics Review Officer Inspector
General resigns, the Commission shall designate an Acting
Legislative Ethics Review Officer Inspector General who shall
serve until the vacancy is filled. The Commission shall file
the designation in writing with the Secretary of State.
Terms shall run regardless of whether the position is
filled.
(c) The Legislative Ethics Review Officer Inspector
General shall have jurisdiction over the members of the General
Assembly and all State employees whose ultimate jurisdictional
authority is (i) a legislative leader, (ii) the Senate
Operations Commission, or (iii) the Joint Committee on
Legislative Support Services.
The jurisdiction of each Legislative Ethics Review Officer
Inspector General is to investigate allegations of fraud,
waste, abuse, mismanagement, misconduct, nonfeasance,
misfeasance, malfeasance, or violations of this Act or

HB4151 - 38 - LRB100 15490 JWD 30616 b
violations of other related laws and rules, including, but not
limited to, Article 2 and Part 1 of Article 3 of the Illinois
Governmental Ethics Act.
(d) The compensation of the Legislative Ethics Review
Officer Inspector General shall be the greater of an amount (i)
determined by the Commission or (ii) by joint resolution of the
General Assembly passed by a majority of members elected in
each chamber. Subject to Section 25-45 of this Act, the
Legislative Ethics Review Officer Inspector General has full
authority to organize the Office of the Legislative Ethics
Review Officer Inspector General, including the employment and
determination of the compensation of staff, such as deputies,
assistants, and other employees, as appropriations permit.
Employment of staff is subject to the approval of at least 3 of
the 4 legislative leaders.
(e) No Legislative Ethics Review Officer Inspector General
or employee of the Office of the Legislative Ethics Review
Officer Inspector General may, during his or her term of
appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or

HB4151 - 39 - LRB100 15490 JWD 30616 b
(4) actively participate in any campaign for any
elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment by
hiring in the ordinary course of business.
(e-1) No Legislative Ethics Review Officer Inspector
General or employee of the Office of the Legislative Ethics
Review Officer Inspector General may, for one year after the
termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local judicial
office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Ethics Review
Officer Inspector General only for cause. At the time of the
removal, the Commission must report to the General Assembly the
justification for the removal.
(Source: P.A. 98-631, eff. 5-29-14.)
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission. In
addition to duties otherwise assigned by law, the Legislative
Ethics Commission shall have the following duties:

HB4151 - 40 - LRB100 15490 JWD 30616 b
(1) To promulgate rules governing the performance of
its duties and the exercise of its powers and governing the
investigations of the Legislative Ethics Review Officer
Inspector General.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by the Legislative Ethics Review Officer
Inspector General and not upon its own prerogative, but may
appoint special Legislative Ethics Review Officers
Inspectors General as provided in Section 25-21. Any other
allegations of misconduct received by the Commission from a
person other than the Legislative Ethics Review Officer
Inspector General shall be referred to the Office of the
Legislative Ethics Review Officer Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act, or Article 2, or Part 1 of Article 3, of the
Illinois Governmental Ethics Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the

HB4151 - 41 - LRB100 15490 JWD 30616 b
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters clearly
within the purview of this Act, or Article 2 or Part 1 of
Article 3 of the Illinois Governmental Ethics Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and
the production of documents and other items for inspection
and copying.
(8) To appoint special Legislative Ethics Review
Officers Inspectors General as provided in Section 25-21.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-20)
Sec. 25-20. Duties of the Legislative Ethics Review Officer
Inspector General. In addition to duties otherwise assigned by
law, the Legislative Ethics Review Officer Inspector General
shall have the following duties:
(1) To receive and investigate allegations of
violations of: this Act; and Article 2, and Part 1 of
Article 3, of the Illinois Governmental Ethics Act. An
investigation may not be initiated more than one year after
the most recent act of the alleged violation or of a series
of alleged violations except where there is reasonable
cause to believe that fraudulent concealment has occurred.

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To constitute fraudulent concealment sufficient to toll
this limitations period, there must be an affirmative act
or representation calculated to prevent discovery of the
fact that a violation has occurred. The Legislative Ethics
Review Officer Inspector General shall have the discretion
to determine the appropriate means of investigation as
permitted by law. Violations of this Act include, but are
not limited to, the following:
(A) Failure of State agencies to report ex parte
communications with members of the General Assembly or
their staff regarding university admissions, hiring,
or personnel decisions.
(B) Violations of rules adopted by the Commission
regarding members of the General Assembly helping
constituents obtain employment or a favorable action.
(C) Votes taken by members of the General Assembly
when they have a conflict of interest.
(2) To request information relating to an
investigation from any person when the Legislative Ethics
Review Officer Inspector General deems that information
necessary in conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, to compel the attendance of witnesses for
the purposes of testimony and production of documents and
other items for inspection and copying and to make service
of those subpoenas and subpoenas issued under item (7) of

HB4151 - 43 - LRB100 15490 JWD 30616 b
Section 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Ethics Review Officer Inspector General with the
Legislative Ethics Commission, through the Attorney
General, as provided in this Article if the Attorney
General finds that reasonable cause exists to believe that
a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Legislative
Ethics Review Officer Inspector General and to work with
those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Legislative Ethics Review
Officer Inspector General deems appropriate, from ethics
officers of State agencies under his or her jurisdiction,
reports or information on (i) the content of a State
agency's ethics training program and (ii) the percentage of
new officers and employees who have completed ethics
training.
(9) To establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations and to ensure that the policy is accessible via
the Internet in order that those seeking to report those
allegations are familiar with the process and that the

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subjects of those allegations are treated fairly.
(10) To review statements of economic interest, which
shall be submitted by all members of, and candidates for,
the General Assembly, in the same manner and depth as
required for judges under Illinois Supreme Court Rule 68.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-21)
Sec. 25-21. Special Legislative Ethics Review Officers
Inspectors General.
(a) The Legislative Ethics Commission, on its own
initiative and by majority vote, may appoint special
Legislative Ethics Review Officers Inspectors General (i) to
investigate alleged violations of this Act, and Article 2 and
Part 1 of Article 3 of the Illinois Governmental Ethics Act, if
an investigation by the Inspector General was not concluded
within 6 months after its initiation, where the Commission
finds that the Ethics Review Officer's Inspector General's
reasons under Section 25-65 for failing to complete the
investigation are insufficient and (ii) to accept referrals
from the Commission of allegations made pursuant to this Act,
or Article 2 or Part 1 of Article 3 of the Illinois
Governmental Ethics Act, concerning the Legislative Ethics
Review Officer Inspector General or an employee of the Office
of the Legislative Ethics Review Officer Inspector General and
to investigate those allegations.

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(b) A special Legislative Ethics Review Officer Inspector
General must have the same qualifications as the Legislative
Ethics Review Officer Inspector General appointed under
Section 25-10.
(c) The Commission's appointment of a special Legislative
Ethics Review Officer Inspector General must be in writing and
must specify the duration and purpose of the appointment.
(d) A special Legislative Ethics Review Officer Inspector
General shall have the same powers and duties with respect to
the purpose of his or her appointment as the Legislative Ethics
Review Officer Inspector General appointed under Section
25-10.
(e) A special Legislative Ethics Review Officer Inspector
General shall report the findings of his or her investigation
to the Commission.
(f) The Commission may report the findings of a special
Legislative Ethics Review Officer Inspector General and its
recommendations, if any, to the General Assembly.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-23)
Sec. 25-23. Ethics Officers. The President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives shall each appoint an ethics officer
for the members and employees of his or her legislative caucus.
No later than January 1, 2004, the head of each State agency

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under the jurisdiction of the Legislative Ethics Commission,
other than the General Assembly, shall designate an ethics
officer for the State agency. Ethics Officers shall:
(1) act as liaisons between the State agency and the
Legislative Ethics Review Officer Inspector General and
between the State agency and the Legislative Ethics
Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the Secretary
of State; and
(3) provide guidance to officers and employees in the
interpretation and implementation of this Act, and Article
2 and Part 1 of Article 3 of the Illinois Governmental
Ethics Act, which the officer or employee may in good faith
rely upon. Such guidance shall be based, wherever possible,
upon legal precedent in court decisions, opinions of the
Attorney General, and the findings and opinions of the
Legislative Ethics Commission; and .
(4) in the case of an ethics officer for a legislative
caucus, post in a prominent and accessible location, and
distribute in a manner to assure notice to all employees,
without exception, the employee's rights to a workplace
free of unethical behavior and sexual harassment. The
notice shall include instructions on how and where to file
a complaint with the Legislative Ethics Review Officer.

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Notice may meet, but shall not exceed, a 6th grade literacy
level. Distribution of notice shall be effectuated within
90 days of the effective date of this amendatory Act of the
100th General Assembly, and shall occur each year
thereafter.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-45)
Sec. 25-45. Standing; representation.
(a) Only the Legislative Ethics Review Officer Inspector
General may bring actions before the Legislative Ethics
Commission.
(b) The Attorney General shall represent the Legislative
Ethics Review Officer Inspector General in all proceedings
before the Commission. Whenever the Attorney General is sick or
absent, or unable to attend, or is interested in any matter or
proceeding under this Act, or Article 2 or Part 1 of Article 3
of the Illinois Governmental Ethics Act, upon the filing of a
petition under seal by any person with standing, the Supreme
Court (or any other court of competent jurisdiction as
designated and determined by rule of the Supreme Court) may
appoint some competent attorney to prosecute or defend that
matter or proceeding, and the attorney so appointed shall have
the same power and authority in relation to that matter or
proceeding as the Attorney General would have had if present
and attending to the same.

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(c) Attorneys representing an Inspector General in
proceedings before the Legislative Ethics Commission, except
an attorney appointed under subsection (b), shall be appointed
or retained by the Attorney General, shall be under the
supervision, direction, and control of the Attorney General,
and shall serve at the pleasure of the Attorney General. The
compensation of any attorneys appointed or retained in
accordance with this subsection or subsection (b) shall be paid
by the Office of the Legislative Ethics Review Officer
Inspector General.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-50)
Sec. 25-50. Investigation reports.
(a) If the Legislative Ethics Review Officer Inspector
General, upon the conclusion of an investigation, determines
that reasonable cause exists to believe that a violation has
occurred, then the Legislative Ethics Review Officer Inspector
General shall issue a summary report of the investigation. The
report shall be delivered to the appropriate ultimate
jurisdictional authority and to the head of each State agency
affected by or involved in the investigation, if appropriate.
The appropriate ultimate jurisdictional authority or agency
head shall respond to the summary report within 20 days, in
writing, to the Legislative Ethics Review Officer Inspector
General. The response shall include a description of any

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corrective or disciplinary action to be imposed.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other
information received by the Legislative Ethics Review
Officer Inspector General pertinent to the investigation.
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) Recommendations for any corrective or disciplinary
action to be taken in response to any alleged misconduct
described in the report, including but not limited to
discharge.
(4) Other information the Legislative Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), the Legislative Ethics Review Officer
Inspector General shall notify the Commission and the Attorney
General if the Legislative Ethics Review Officer Inspector
General believes that a complaint should be filed with the
Commission. If the Legislative Ethics Review Officer Inspector
General desires to file a complaint with the Commission, the
Legislative Ethics Review Officer Inspector General shall
submit the summary report and supporting documents to the
Attorney General. If the Attorney General concludes that there

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is insufficient evidence that a violation has occurred, the
Attorney General shall notify the Legislative Ethics Review
Officer Inspector General and the Legislative Ethics Review
Officer Inspector General shall deliver to the Legislative
Ethics Commission a copy of the summary report and response
from the ultimate jurisdictional authority or agency head. If
the Attorney General determines that reasonable cause exists to
believe that a violation has occurred, then the Legislative
Ethics Review Officer Inspector General, represented by the
Attorney General, may file with the Legislative Ethics
Commission a complaint. The complaint shall set forth the
alleged violation and the grounds that exist to support the
complaint. The complaint must be filed with the Commission
within 18 months after the most recent act of the alleged
violation or of a series of alleged violations except where
there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be an
affirmative act or representation calculated to prevent
discovery of the fact that a violation has occurred. If a
complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the

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appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Legislative Ethics Review Officer
Inspector General does not believe that a complaint should be
filed, the Legislative Ethics Review Officer Inspector General
shall deliver to the Legislative Ethics Commission a statement
setting forth the basis for the decision not to file a
complaint and a copy of the summary report and response from
the ultimate jurisdictional authority or agency head. The
Inspector General may also submit a redacted version of the
summary report and response from the ultimate jurisdictional
authority if the Inspector General believes either contains
information that, in the opinion of the Inspector General,
should be redacted prior to releasing the report, may interfere
with an ongoing investigation, or identifies an informant or
complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Legislative Ethics Review
Officer Inspector General provide additional information or
conduct further investigation. The Commission may also refer
the summary report and response from the ultimate
jurisdictional authority to the Attorney General for further
investigation or review. If the Commission requests the
Attorney General to investigate or review, the Commission must
notify the Attorney General and the Legislative Ethics Review
Officer Inspector General. The Attorney General may not begin

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an investigation or review until receipt of notice from the
Commission. If, after review, the Attorney General determines
that reasonable cause exists to believe that a violation has
occurred, then the Attorney General may file a complaint with
the Legislative Ethics Commission. If the Attorney General
concludes that there is insufficient evidence that a violation
has occurred, the Attorney General shall notify the Legislative
Ethics Commission and the appropriate Legislative Ethics
Review Officer Inspector General.
(d) A copy of the complaint filed with the Legislative
Ethics Commission must be served on all respondents named in
the complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, at least 30 days after the
complaint is served on all respondents either in person or by
telephone, in a closed session to review the sufficiency of the
complaint. The Commission shall issue notice by certified mail,
return receipt requested, to the Legislative Ethics Review
Officer Inspector General, the Attorney General, and all
respondents of the Commission's ruling on the sufficiency of
the complaint. If the complaint is deemed to sufficiently
allege a violation of this Act, or Article 2 or Part 1 of

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Article 3 of the Illinois Governmental Ethics Act, then the
Commission shall include a hearing date scheduled within 4
weeks after the date of the notice, unless all of the parties
consent to a later date. If the complaint is deemed not to
sufficiently allege a violation, then the Commission shall send
by certified mail, return receipt requested, a notice to the
Legislative Ethics Review Officer Inspector General, the
Attorney General, and all respondents the decision to dismiss
the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Legislative Ethics Commission, the Commission shall (i)
dismiss the complaint, (ii) issue a recommendation of
discipline to the respondent and the respondent's ultimate
jurisdictional authority, (ii-5) censure the respondent, (iii)
impose an administrative fine not to exceed $25,000 per
violation upon the respondent, (iv) issue injunctive relief as
described in Section 50-10, or (v) impose a combination of (ii)
through (iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by
the Commission.

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(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Legislative Ethics Commission shall make public
the entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional
authority to the Legislative Ethics Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-51)
Sec. 25-51. Closed investigations. When the Legislative
Ethics Review Officer Inspector General concludes that there is
insufficient evidence that a violation has occurred, the
Inspector General shall close the investigation. The
Legislative Ethics Review Officer Inspector General shall
provide the Commission with a written statement of the decision
to close the investigation. At the request of the subject of
the investigation, the Legislative Ethics Review Officer
Inspector General shall provide a written statement to the
subject of the investigation of the Ethics Review Officer's
Inspector General's decision to close the investigation.
Closure by the Legislative Ethics Review Officer Inspector

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General does not bar the Ethics Review Officer Inspector
General from resuming the investigation if circumstances
warrant. The Commission also has the discretion to request that
the Legislative Ethics Review Officer Inspector General
conduct further investigation of any matter closed pursuant to
this Section, or to refer the allegations to the Attorney
General for further review or investigation. If the Commission
requests the Attorney General to investigate or review, the
Commission must notify the Attorney General and the Ethics
Review Officer. Inspector General. The Attorney General may not
begin an investigation or review until receipt of notice from
the Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-52)
Sec. 25-52. Release of summary reports.
(a) Within 60 days after receipt of a summary report and
response from the ultimate jurisdictional authority or agency
head that resulted in a suspension of at least 3 days, or
termination of employment, or finding of misconduct by a member
of the General Assembly, the Legislative Ethics Commission
shall make available to the public the report and response or a
redacted version of the report and response. The Legislative
Ethics Commission may make available to the public any other
summary report and response of the ultimate jurisdictional
authority or agency head or a redacted version of the report

HB4151 - 56 - LRB100 15490 JWD 30616 b
and response.
(b) The Legislative Ethics Commission shall redact
information in the summary report that may reveal the identity
of witnesses, complainants, or informants or if the Commission
determines it is appropriate to protect the identity of a
person before publication. The Commission may also redact any
information it believes should not be made public. Prior to
publication, the Commission shall permit the respondents,
Legislative Ethics Review Officer, Inspector General, and
Attorney General to review documents to be made public and
offer suggestions for redaction or provide a response that
shall be made public with the summary report.
(c) The Legislative Ethics Commission may withhold
publication of the report or response if the Legislative Ethics
Review Officer Inspector General or Attorney General certifies
that publication will interfere with an ongoing investigation.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-55)
Sec. 25-55. Decisions; recommendations.
(a) All decisions of the Legislative Ethics Commission must
include a description of the alleged misconduct, the decision
of the Commission, including any fines levied and any
recommendation of discipline, and the reasoning for that
decision. All decisions of the Commission shall be delivered to
the head of the appropriate State agency, the appropriate

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ultimate jurisdictional authority, and the Legislative Ethics
Review Officer Inspector General. The Legislative Ethics
Commission shall promulgate rules for the decision and
recommendation process.
(b) If the Legislative Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Legislative Ethics
Commission. This response must include any disciplinary action
the agency head or ultimate jurisdictional authority has taken
with respect to the officer or employee in question. If the
agency head or ultimate jurisdictional authority did not take
any disciplinary action, or took a different disciplinary
action than that recommended by the Legislative Ethics
Commission, the agency head or ultimate jurisdictional
authority must describe the different action and explain the
reasons for the different action in the written response. This
response must be served upon the Legislative Ethics Commission
and the Legislative Ethics Review Officer Inspector General
within the 30-day period and is not exempt from the provisions
of the Freedom of Information Act.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-65)
Sec. 25-65. Reporting of investigations.

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(a) The Legislative Ethics Review Officer Inspector
General shall file a monthly quarterly activity report with the
Legislative Ethics Commission that reflects investigative
activity during the previous month quarter. The Legislative
Ethics Commission shall establish the reporting dates. The
activity report shall include at least the following:
(1) A summary of any investigation opened during the
preceding month quarter, the affected office, agency or
agencies, the investigation's unique tracking number, and
a brief statement of the general nature of the allegation
or allegations.
(2) A summary of any investigation closed during the
preceding month quarter, the affected office, agency or
agencies, the investigation's unique tracking number, and
a brief statement of the general nature of the allegation
or allegations.
(3) The status of an ongoing investigation that
remained open at the end of the month quarter, the affected
office, agency or agencies, the investigation's unique
tracking number, and a brief statement of the general
nature of the investigation.
(b) If any investigation is not concluded within 2 6 months
after its initiation, the Legislative Ethics Review Officer
Inspector General shall file a 2-month 6-month report with the
Legislative Ethics Commission no later than 10 days after the
second 6th month. The 2-month 6-month report shall disclose:

HB4151 - 59 - LRB100 15490 JWD 30616 b
(1) The general nature of the allegation or information
giving rise to the investigation, the title or job duties
of the subjects of the investigation, and the
investigation's unique tracking number.
(2) The date of the last alleged violation of this Act,
or of Article 2 or Part 1 of Article 3 of the Illinois
Governmental Ethics Act, or other State law giving rise to
the investigation.
(3) Whether the Legislative Ethics Review Officer
Inspector General has found credible the allegations of
criminal conduct.
(4) Whether the allegation has been referred to an
appropriate law enforcement agency and the identity of the
law enforcement agency to which those allegations were
referred.
(5) If an allegation has not been referred to an
appropriate law enforcement agency, the reasons for the
failure to complete the investigation within 2 6 months, a
summary of the investigative steps taken, additional
investigative steps contemplated at the time of the report,
and an estimate of additional time necessary to complete
the investigation.
(6) Any other information deemed necessary by the
Legislative Ethics Commission in determining whether to
appoint a Special Ethics Review Officer Inspector General.
(c) If the Legislative Ethics Review Officer Inspector

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General has referred an allegation to an appropriate law
enforcement agency and continues to investigate the matter, the
future reporting requirements of this Section are suspended.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-70)
Sec. 25-70. Cooperation in investigations. It is the duty
of every officer and employee under the jurisdiction of the
Legislative Ethics Review Officer Inspector General, including
any inspector general serving in any State agency under the
jurisdiction of the Legislative Ethics Review Officer
Inspector General, to cooperate with the Legislative Ethics
Review Officer Inspector General in any investigation
undertaken pursuant to this Act, or Article 2 or Part 1 of
Article 3 of the Illinois Governmental Ethics Act. Failure to
cooperate with an investigation of the Legislative Ethics
Review Officer Inspector General is grounds for disciplinary
action, including dismissal. Nothing in this Section limits or
alters a person's existing rights or privileges under State or
federal law.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-80)
Sec. 25-80. Referrals of investigations. If the
Legislative Ethics Review Officer Inspector General determines
that any alleged misconduct involves any person not subject to

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the jurisdiction of the Legislative Ethics Commission, the
Legislative Ethics Review Officer Inspector General shall
refer the reported allegations to the appropriate ethics
commission or other appropriate body. If the Legislative Ethics
Review Officer Inspector General determines that any alleged
misconduct may give rise to criminal penalties, the Legislative
Ethics Review Officer Inspector General may refer the
allegations regarding that misconduct to the appropriate law
enforcement authority.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-85)
Sec. 25-85. Monthly Quarterly reports by the Legislative
Ethics Review Officer Inspector General. The Legislative
Ethics Review Officer Inspector General shall submit monthly
quarterly reports to the General Assembly and the Legislative
Ethics Commission, on dates determined by the Legislative
Ethics Commission, indicating:
(1) the number of allegations received since the date
of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;

HB4151 - 62 - LRB100 15490 JWD 30616 b
(5) the number of complaints forwarded to the Attorney
General since the date of the last report; and
(6) the number of actions filed with the Legislative
Ethics Commission since the date of the last report and the
number of actions pending before the Legislative Ethics
Commission as of the reporting date.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-86)
Sec. 25-86. Quarterly reports by the Attorney General. The
Attorney General shall submit quarterly reports to the
Legislative Ethics Commission, on dates determined by the
Legislative Ethics Commission, indicating:
(1) the number of complaints received from the
Legislative Ethics Review Officer Inspector General since
the date of the last report;
(2) the number of complaints for which the Attorney
General has determined reasonable cause exists to believe
that a violation has occurred since the date of the last
report; and
(3) the number of complaints still under review by the
Attorney General.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-90)
Sec. 25-90. Confidentiality.

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(a) The identity of any individual providing information or
reporting any possible or alleged misconduct to the Legislative
Ethics Review Officer Inspector General or the Legislative
Ethics Commission shall be kept confidential and may not be
disclosed without the consent of that individual, unless the
individual consents to disclosure of his or her name or
disclosure of the individual's identity is otherwise required
by law. The confidentiality granted by this subsection does not
preclude the disclosure of the identity of a person in any
capacity other than as the source of an allegation.
(b) Subject to the provisions of Section 25-50(c),
commissioners, employees, and agents of the Legislative Ethics
Commission, the Legislative Ethics Review Officer Inspector
General, and employees and agents of the Office of the
Legislative Ethics Review Officer Inspector General shall keep
confidential and shall not disclose information exempted from
disclosure under the Freedom of Information Act or by this Act.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-95)
Sec. 25-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of the
Freedom of Information Act.
(a-5) Requests from ethics officers, members, and State
employees to the Office of the Legislative Ethics Review

HB4151 - 64 - LRB100 15490 JWD 30616 b
Officer Inspector General, a Special Legislative Ethics Review
Officer Inspector General, the Legislative Ethics Commission,
an ethics officer, or a person designated by a legislative
leader for guidance on matters involving the interpretation or
application of this Act, or of Article 2 or Part 1 of Article 3
of the Illinois Governmental Ethics Act, or rules promulgated
under this Act are exempt from the provisions of the Freedom of
Information Act. Guidance provided to an ethics officer,
member, or State employee at the request of an ethics officer,
member, or State employee by the Office of the Legislative
Ethics Review Officer Inspector General, a Special Legislative
Ethics Review Officer Inspector General, the Legislative
Ethics Commission, an ethics officer, or a person designated by
a legislative leader on matters involving the interpretation or
application of this Act or rules promulgated under this Act is
exempt from the provisions of the Freedom of Information Act.
(b) Summary investigation reports released by the
Legislative Ethics Commission as provided in Section 25-52 are
public records. Otherwise, any allegations and related
documents submitted to the Legislative Ethics Review Officer
Inspector General and any pleadings and related documents
brought before the Legislative Ethics Commission are exempt
from the provisions of the Freedom of Information Act so long
as the Legislative Ethics Commission does not make a finding of
a violation of this Act, or Article 2 or Part 1 of Article 3 of
the Illinois Governmental Ethics Act. If the Legislative Ethics

HB4151 - 65 - LRB100 15490 JWD 30616 b
Commission finds that a violation has occurred, the entire
record of proceedings before the Commission, the decision and
recommendation, and the mandatory report from the agency head
or ultimate jurisdictional authority to the Legislative Ethics
Commission are not exempt from the provisions of the Freedom of
Information Act but information contained therein that is
exempt from the Freedom of Information Act must be redacted
before disclosure as provided in Section 8 of the Freedom of
Information Act.
(c) Meetings of the Commission are exempt from the
provisions of the Open Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of the
Legislative Ethics Review Officer Inspector General, other
than monthly reports, are confidential, are exempt from
disclosure under the Freedom of Information Act, and shall not
be divulged to any person or agency, except as necessary (i) to
the appropriate law enforcement authority if the matter is
referred pursuant to this Act, (ii) to the ultimate
jurisdictional authority, or (iii) to the Legislative Ethics
Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
Section 15. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-22 as follows:

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(15 ILCS 20/50-22)
Sec. 50-22. Funding for salaries of General Assembly
members and judges; legislative operations.
(a) Beginning July 1, 2014, the aggregate appropriations
available for salaries for members of the General Assembly and
judges from all State funds for each State fiscal year shall be
no less than the total aggregate appropriations made available
for salaries for members of the General Assembly and judges for
the immediately preceding fiscal year.
(b) Beginning July 1, 2014, the aggregate appropriations
available for legislative operations from all State funds for
each State fiscal year shall be no less than the total
aggregate appropriations made available for legislative
operations for the immediately preceding fiscal year. For
purposes of this subsection (b), "legislative operations"
means any expenditure for the operation of the Office of the
Auditor General, the House of Representatives, the Senate, the
Legislative Ethics Commission, the Office of the Legislative
Ethics Review Officer Inspector General, the Joint Committee on
Legislative Support Services, and the legislative support
services agencies.
(c) If for any reason the aggregate appropriations made
available are insufficient to meet the levels required by
subsections (a) and (b) of this Section, this Section shall
constitute a continuing appropriation of all amounts necessary

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for these purposes. The General Assembly may appropriate lesser
amounts by law.
(Source: P.A. 98-682, eff. 6-30-14.)
Section 20. The Personnel Code is amended by changing
Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau, the Legislative Research Unit, and the
Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions

HB4151 - 68 - LRB100 15490 JWD 30616 b
in the State Military Service filled by enlistment and paid
from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of

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Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The State Police so long as they are subject to
the merit provisions of the State Police Act.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of the
Illinois Insurance Code to assist the Director of Insurance
in discharging his responsibilities relating to the
rehabilitation, liquidation, conservation, and dissolution

HB4151 - 70 - LRB100 15490 JWD 30616 b
of companies that are subject to the jurisdiction of the
Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training Act
of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young people
to work in State parks for a period of one year or less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive

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Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Ethics Review Officer Inspector
General, including special Legislative Ethics Review
Officers Inspectors General, and employees of the Office of
the Legislative Ethics Review Officer Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report (CAFR).
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
98-65, eff. 7-15-13.)

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Section 25. The Illinois Pension Code is amended by
changing Sections 1-122, 14-103.05, and 18-127 as follows:
(40 ILCS 5/1-122)
Sec. 1-122. Service with the Legislative Ethics Commission
or Office of the Legislative Ethics Review Officer Inspector
General. Notwithstanding any provision in this Code to the
contrary, if a person serves as a part-time employee in any of
the following positions: Legislative Ethics Review Officer
Inspector General, Special Legislative Ethics Review Officer
Inspector General, employee of the Office of the Legislative
Ethics Review Officer Inspector General, Executive Director of
the Legislative Ethics Commission, or staff of the Legislative
Ethics Commission, then (A) no retirement annuity or other
benefit of that person under this Code is subject to
forfeiture, diminishment, suspension, or other impairment
solely by virtue of that service and (B) that person does not
participate in any pension fund or retirement system under this
Code with respect to that service, unless that person (i) is
qualified to so participate and (ii) affirmatively elects to so
participate. This Section applies without regard to whether the
person is in active service under the applicable Article of
this Code on or after the effective date of this amendatory Act
of the 93rd General Assembly. In this Section, a "part-time
employee" is a person who is not required to work at least 35
hours per week.

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(Source: P.A. 93-685, eff. 7-8-04.)
(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
Sec. 14-103.05. Employee.
(a) Any person employed by a Department who receives salary
for personal services rendered to the Department on a warrant
issued pursuant to a payroll voucher certified by a Department
and drawn by the State Comptroller upon the State Treasurer,
including an elected official described in subparagraph (d) of
Section 14-104, shall become an employee for purpose of
membership in the Retirement System on the first day of such
employment.
A person entering service on or after January 1, 1972 and
prior to January 1, 1984 shall become a member as a condition
of employment and shall begin making contributions as of the
first day of employment.
A person entering service on or after January 1, 1984
shall, upon completion of 6 months of continuous service which
is not interrupted by a break of more than 2 months, become a
member as a condition of employment. Contributions shall begin
the first of the month after completion of the qualifying
period.
A person employed by the Chicago Metropolitan Agency for
Planning on the effective date of this amendatory Act of the
95th General Assembly who was a member of this System as an
employee of the Chicago Area Transportation Study and makes an

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election under Section 14-104.13 to participate in this System
for his or her employment with the Chicago Metropolitan Agency
for Planning.
The qualifying period of 6 months of service is not
applicable to: (1) a person who has been granted credit for
service in a position covered by the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, the General Assembly Retirement System, or the
Judges Retirement System of Illinois unless that service has
been forfeited under the laws of those systems; (2) a person
entering service on or after July 1, 1991 in a noncovered
position; (3) a person to whom Section 14-108.2a or 14-108.2b
applies; or (4) a person to whom subsection (a-5) of this
Section applies.
(a-5) A person entering service on or after December 1,
2010 shall become a member as a condition of employment and
shall begin making contributions as of the first day of
employment. A person serving in the qualifying period on
December 1, 2010 will become a member on December 1, 2010 and
shall begin making contributions as of December 1, 2010.
(b) The term "employee" does not include the following:
(1) members of the State Legislature, and persons
electing to become members of the General Assembly
Retirement System pursuant to Section 2-105;
(2) incumbents of offices normally filled by vote of
the people;

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(3) except as otherwise provided in this Section, any
person appointed by the Governor with the advice and
consent of the Senate unless that person elects to
participate in this system;
(3.1) any person serving as a commissioner of an ethics
commission created under the State Officials and Employees
Ethics Act unless that person elects to participate in this
system with respect to that service as a commissioner;
(3.2) any person serving as a part-time employee in any
of the following positions: Legislative Ethics Review
Officer Inspector General, Special Legislative Ethics
Review Officer Inspector General, employee of the Office of
the Legislative Ethics Review Officer Inspector General,
Executive Director of the Legislative Ethics Commission,
or staff of the Legislative Ethics Commission, regardless
of whether he or she is in active service on or after July
8, 2004 (the effective date of Public Act 93-685), unless
that person elects to participate in this System with
respect to that service; in this item (3.2), a "part-time
employee" is a person who is not required to work at least
35 hours per week;
(3.3) any person who has made an election under Section
1-123 and who is serving either as legal counsel in the
Office of the Governor or as Chief Deputy Attorney General;
(4) except as provided in Section 14-108.2 or
14-108.2c, any person who is covered or eligible to be

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covered by the Teachers' Retirement System of the State of
Illinois, the State Universities Retirement System, or the
Judges Retirement System of Illinois;
(5) an employee of a municipality or any other
political subdivision of the State;
(6) any person who becomes an employee after June 30,
1979 as a public service employment program participant
under the Federal Comprehensive Employment and Training
Act and whose wages or fringe benefits are paid in whole or
in part by funds provided under such Act;
(7) enrollees of the Illinois Young Adult Conservation
Corps program, administered by the Department of Natural
Resources, authorized grantee pursuant to Title VIII of the
"Comprehensive Employment and Training Act of 1973", 29 USC
993, as now or hereafter amended;
(8) enrollees and temporary staff of programs
administered by the Department of Natural Resources under
the Youth Conservation Corps Act of 1970;
(9) any person who is a member of any professional
licensing or disciplinary board created under an Act
administered by the Department of Professional Regulation
or a successor agency or created or re-created after the
effective date of this amendatory Act of 1997, and who
receives per diem compensation rather than a salary,
notwithstanding that such per diem compensation is paid by
warrant issued pursuant to a payroll voucher; such persons

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have never been included in the membership of this System,
and this amendatory Act of 1987 (P.A. 84-1472) is not
intended to effect any change in the status of such
persons;
(10) any person who is a member of the Illinois Health
Care Cost Containment Council, and receives per diem
compensation rather than a salary, notwithstanding that
such per diem compensation is paid by warrant issued
pursuant to a payroll voucher; such persons have never been
included in the membership of this System, and this
amendatory Act of 1987 is not intended to effect any change
in the status of such persons;
(11) any person who is a member of the Oil and Gas
Board created by Section 1.2 of the Illinois Oil and Gas
Act, and receives per diem compensation rather than a
salary, notwithstanding that such per diem compensation is
paid by warrant issued pursuant to a payroll voucher;
(12) a person employed by the State Board of Higher
Education in a position with the Illinois Century Network
as of June 30, 2004, who remains continuously employed
after that date by the Department of Central Management
Services in a position with the Illinois Century Network
and participates in the Article 15 system with respect to
that employment;
(13) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;

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(14) any person, other than the Director of Employment
Security, who first becomes a member of the Board of Review
of the Department of Employment Security on or after
January 1, 2012;
(15) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;
(16) any person who first becomes a member of the
Illinois Liquor Control Commission on or after January 1,
2012;
(17) any person who first becomes a member of the
Secretary of State Merit Commission on or after January 1,
2012;
(18) any person who first becomes a member of the Human
Rights Commission on or after January 1, 2012;
(19) any person who first becomes a member of the State
Mining Board on or after January 1, 2012;
(20) any person who first becomes a member of the
Property Tax Appeal Board on or after January 1, 2012;
(21) any person who first becomes a member of the
Illinois Racing Board on or after January 1, 2012;
(22) any person who first becomes a member of the
Department of State Police Merit Board on or after January
1, 2012;
(23) any person who first becomes a member of the
Illinois State Toll Highway Authority on or after January
1, 2012; or

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(24) any person who first becomes a member of the
Illinois State Board of Elections on or after January 1,
2012.
(c) An individual who represents or is employed as an
officer or employee of a statewide labor organization that
represents members of this System may participate in the System
and shall be deemed an employee, provided that (1) the
individual has previously earned creditable service under this
Article, (2) the individual files with the System an
irrevocable election to become a participant within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, and (3) the individual does not receive
credit for that employment under any other provisions of this
Code. An employee under this subsection (c) is responsible for
paying to the System both (i) employee contributions based on
the actual compensation received for service with the labor
organization and (ii) employer contributions based on the
percentage of payroll certified by the board; all or any part
of these contributions may be paid on the employee's behalf or
picked up for tax purposes (if authorized under federal law) by
the labor organization.
A person who is an employee as defined in this subsection
(c) may establish service credit for similar employment prior
to becoming an employee under this subsection by paying to the
System for that employment the contributions specified in this
subsection, plus interest at the effective rate from the date

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of service to the date of payment. However, credit shall not be
granted under this subsection (c) for any such prior employment
for which the applicant received credit under any other
provision of this Code or during which the applicant was on a
leave of absence.
(Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
Sec. 18-127. Retirement annuity - suspension on
reemployment.
(a) A participant receiving a retirement annuity who is
regularly employed for compensation by an employer other than a
county, in any capacity, shall have his or her retirement
annuity payments suspended during such employment. Upon
termination of such employment, retirement annuity payments at
the previous rate shall be resumed.
If such a participant resumes service as a judge, he or she
shall receive credit for any additional service. Upon
subsequent retirement, his or her retirement annuity shall be
the amount previously granted, plus the amount earned by the
additional judicial service under the provisions in effect
during the period of such additional service. However, if the
participant was receiving the maximum rate of annuity at the
time of re-employment, he or she may elect, in a written
direction filed with the board, not to receive any additional
service credit during the period of re-employment. In such

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case, contributions shall not be required during the period of
re-employment. Any such election shall be irrevocable.
(b) Beginning January 1, 1991, any participant receiving a
retirement annuity who accepts temporary employment from an
employer other than a county for a period not exceeding 75
working days in any calendar year shall not be deemed to be
regularly employed for compensation or to have resumed service
as a judge for the purposes of this Article. A day shall be
considered a working day if the annuitant performs on it any of
his duties under the temporary employment agreement.
(c) Except as provided in subsection (a), beginning January
1, 1993, retirement annuities shall not be subject to
suspension upon resumption of employment for an employer, and
any retirement annuity that is then so suspended shall be
reinstated on that date.
(d) The changes made in this Section by this amendatory Act
of 1993 shall apply to judges no longer in service on its
effective date, as well as to judges serving on or after that
date.
(e) A participant receiving a retirement annuity under this
Article who serves as a part-time employee in any of the
following positions: Legislative Ethics Review Officer
Inspector General, Special Legislative Ethics Review Officer
Inspector General, employee of the Office of the Legislative
Ethics Review Officer Inspector General, Executive Director of
the Legislative Ethics Commission, or staff of the Legislative

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Ethics Commission, but has not elected to participate in the
Article 14 System with respect to that service, shall not be
deemed to be regularly employed for compensation by an employer
other than a county, nor to have resumed service as a judge, on
the basis of that service, and the retirement annuity payments
and other benefits of that person under this Code shall not be
suspended, diminished, or otherwise impaired solely as a
consequence of that service. This subsection (e) applies
without regard to whether the person is in service as a judge
under this Article on or after the effective date of this
amendatory Act of the 93rd General Assembly. In this
subsection, a "part-time employee" is a person who is not
required to work at least 35 hours per week.
(f) A participant receiving a retirement annuity under this
Article who has made an election under Section 1-123 and who is
serving either as legal counsel in the Office of the Governor
or as Chief Deputy Attorney General shall not be deemed to be
regularly employed for compensation by an employer other than a
county, nor to have resumed service as a judge, on the basis of
that service, and the retirement annuity payments and other
benefits of that person under this Code shall not be suspended,
diminished, or otherwise impaired solely as a consequence of
that service. This subsection (f) applies without regard to
whether the person is in service as a judge under this Article
on or after the effective date of this amendatory Act of the
93rd General Assembly.

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(g) Notwithstanding any other provision of this Article, if
a person who first becomes a participant under this System on
or after January 1, 2011 (the effective date of this amendatory
Act of the 96th General Assembly) is receiving a retirement
annuity under this Article and becomes a member or participant
under this Article or any other Article of this Code and is
employed on a full-time basis, then the person's retirement
annuity under this System shall be suspended during that
employment. Upon termination of that employment, the person's
retirement annuity shall resume and, if appropriate, be
recalculated under the applicable provisions of this Article.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
HB4151 - 84 - LRB100 15490 JWD 30616 b
INDEX
Statutes amended in order of appearance
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 420/2-115 new
5 ILCS 420/3-108 new
5 ILCS 430/5-45
5 ILCS 430/Art. 25 heading
5 ILCS 430/25-5
5 ILCS 430/25-10
5 ILCS 430/25-15
5 ILCS 430/25-20
5 ILCS 430/25-21
5 ILCS 430/25-23
5 ILCS 430/25-45
5 ILCS 430/25-50
5 ILCS 430/25-51
5 ILCS 430/25-52
5 ILCS 430/25-55
5 ILCS 430/25-65
5 ILCS 430/25-70
5 ILCS 430/25-80
5 ILCS 430/25-85
5 ILCS 430/25-86
5 ILCS 430/25-90
5 ILCS 430/25-95
HB4151 - 85 - LRB100 15490 JWD 30616 b