Bill Text: IL SB0092 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the State Officials and Employees Ethics Act. Removes provisions allowing for the appointment of members of the General Assembly to the Legislative Ethics Commission. Provides that the appointing authorities shall appoint commissioners from the general public who have experience holding governmental office or employment. Provides that 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 10 years, engaged in activities that require registration under the Lobbyist Registration Act; (iii) is related to the appointing authority; (iv) is or has been within the preceding 10 years a State officer, a State employee, or an employee or member of the General Assembly; or (v) holds a partisan elected or political party office, or is otherwise an officer or employee of a political committee or political campaign. Provides that no commissioner or employee of the Legislative Ethics Commission may, among other restrictions, be actively involved in the affairs of any political committee or political campaign. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0092 Detail]

Download: Illinois-2019-SB0092-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0092 Introduced 1/23/2019, by Sen. Chuck Weaver SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
Amends the State Officials and Employees Ethics Act. Removes provisions allowing for the appointment of members of the General Assembly to the Legislative Ethics Commission. Provides that the appointing authorities shall appoint commissioners from the general public who have experience holding governmental office or employment. Provides that 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 10 years, engaged in activities that require registration under the Lobbyist Registration Act; (iii) is related to the appointing authority; (iv) is or has been within the preceding 10 years a State officer, a State employee, or an employee or member of the General Assembly; or (v) holds a partisan elected or political party office, or is otherwise an officer or employee of a political committee or political campaign. Provides that no commissioner or employee of the Legislative Ethics Commission may, among other restrictions, be actively involved in the affairs of any political committee or political campaign. Makes conforming changes. Effective immediately.
LRB101 05067 RJF 50077 b
A BILL FOR
SB0092 LRB101 05067 RJF 50077 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Section 25-5 as follows:
(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 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. 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
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 be reappointed to one or more subsequent

SB0092 - 2 - LRB101 05067 RJF 50077 b
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) The appointing authorities shall appoint commissioners
from the general public who have experience holding
governmental office or employment. 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 10 years, engaged in activities
that require registration under the Lobbyist Registration Act;
(iii) is related to the appointing authority; (iv) is or has
been within the preceding 10 years a State officer, a State
employee, or an employee or member of the General Assembly; or
(v) holds a partisan elected or political party office, or is
otherwise an officer or employee of a political committee or
political campaign. 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 or is a complainant. A person is not eligible to

SB0092 - 3 - LRB101 05067 RJF 50077 b
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, (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
(c-5) (Blank). If a commissioner is required to recuse
himself or herself from participating in a matter as provided
in subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make a
temporary appointment to fill the vacancy for consideration of
the matter for which the commissioner recused himself or
herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former State employees regarding events
occurring during any period of employment where the State
employee's 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

SB0092 - 4 - LRB101 05067 RJF 50077 b
under this 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
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(f) 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

SB0092 - 5 - LRB101 05067 RJF 50077 b
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party, or political organization, political
committee, or political campaign; 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.
(f-5) (Blank). No commissioner who is a member of the
General Assembly may be a candidate for statewide office,
federal office, or judicial office. If a commissioner who is a
member of the General Assembly files petitions to be a
candidate for a statewide office, federal office, or judicial
office, he or she shall be deemed to have resigned from his or
her position as a commissioner on the date his or her name is
certified for the ballot by the State Board of Elections or
local election authority and his or position as a commissioner
shall be deemed vacant. Such person may not be reappointed to
the Commission during any time he or she is a candidate for
statewide office, federal office, or judicial office.
(g) 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

SB0092 - 6 - LRB101 05067 RJF 50077 b
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.
(i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5 or
be provided in addition to the annual sexual harassment
training required under Section 5-10.5. The Commission may seek
input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.