Bill Text: IL SB1986 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Prohibits a member from refusing casework service to an individual who resides in the member's district based solely upon the individual's political affiliation. Defines "casework service". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB1986 Detail]

Download: Illinois-2023-SB1986-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1986 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
5 ILCS 430/1-5
5 ILCS 430/5-15
Amends the State Officials and Employees Ethics Act. Prohibits a member from refusing casework service to an individual who resides in the member's district based solely upon the individual's political affiliation. Defines "casework service". Effective immediately.
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A BILL FOR
SB1986 LRB103 28905 DTM 55291 b
AN ACT concerning State 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 Sections 1-5 and 5-15 as follows:
(5 ILCS 430/1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Board members of Regional Transit Boards" means any
person appointed to serve on the governing board of a Regional
Transit Board.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a
political organization, or the selection, nomination, or
election of Presidential or Vice-Presidential electors, but
does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative
action (as those terms are defined in Section 2 of the Lobbyist
Registration Act), (ii) relating to collective bargaining, or

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(iii) that are otherwise in furtherance of the person's
official State duties.
"Candidate" means a person who has filed nominating papers
or petitions for nomination or election to an elected State
office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Casework service" means any of the following types of
actions taken by a member or the member's staff on behalf of an
individual, business, school, non-for-profit organization, or
governmental entity who resides in the member's district:
(1) requesting information or a status report from a
State agency in the executive branch;
(2) urging fair and ethical consideration of a matter
by a State agency in the executive branch; or
(3) arranging for meetings or interviews with a State
agency in the executive branch.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor Relations
Act.
"Commission" means an ethics commission created by this
Act.
"Compensated time" means any time worked by or credited to
a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State

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agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned
by or awarded to a State employee to compensate in whole or in
part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is
defined in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be
performed or (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code or (iii) any other
appointee.
"Employment benefits" include but are not limited to the
following: modified compensation or benefit terms; compensated
time off; or change of title, job duties, or location of office
or employment. An employment benefit may also include
favorable treatment in determining whether to bring any
disciplinary or similar action or favorable treatment during
the course of any disciplinary or similar action or other
performance review.

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"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member, or
officer. The value of a gift may be further defined by rules
adopted by the appropriate ethics commission or by the Auditor
General for the Auditor General and for employees of the
office of the Auditor General.
"Governmental entity" means a unit of local government
(including a community college district) or a school district
but not a State agency or a Regional Transit Board.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a member
of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.

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"Member" means a member of the General Assembly.
"Officer" means an executive branch constitutional officer
or a legislative branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any
political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political

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fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public
opinion poll in connection with a campaign for elective
office or on behalf of a political organization for
political purposes or for or against any referendum
question.
(5) Surveying or gathering information from potential
or actual voters in an election to determine probable vote
outcome in connection with a campaign for elective office
or on behalf of a political organization for political
purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf
of any political organization or candidate for elective
office or for or against any referendum question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort to
get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf
of a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate

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for elective office in that capacity or in connection with
a campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a
political party convention.
(15) Participating in any recount or challenge to the
outcome of any election, except to the extent that under
subsection (d) of Section 6 of Article IV of the Illinois
Constitution each house of the General Assembly shall
judge the elections, returns, and qualifications of its
members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee

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directing the employee;
(2) does business or seeks to do business (i) with the
member or officer or (ii) in the case of an employee, with
the employee or with the member, officer, State agency, or
other employee directing the employee;
(3) conducts activities regulated (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(4) has interests that may be substantially affected
by the performance or non-performance of the official
duties of the member, officer, or employee;
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because
a registered lobbyist is one of its members or serves on
its board of directors; or
(6) is an agent of, a spouse of, or an immediate family
member who is living with a "prohibited source".
"Regional Transit Boards" means (i) the Regional
Transportation Authority created by the Regional
Transportation Authority Act, (ii) the Suburban Bus Division
created by the Regional Transportation Authority Act, (iii)
the Commuter Rail Division created by the Regional
Transportation Authority Act, and (iv) the Chicago Transit

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Authority created by the Metropolitan Transit Authority Act.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section 2
of the Higher Education Cooperation Act (except community
colleges), and bodies politic and corporate of the State; and
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government (including community college
districts) and their officers, school districts, and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House of Representatives, the
Senate Operations Commission, and the legislative support
services agencies. "State agency" includes the Office of the
Auditor General. "State agency" does not include the judicial
branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative

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leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1),
the Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered
under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee
on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act (except community colleges), the
board of trustees of the appropriate public institution of
higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the

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Governor.
(9) For employees of Regional Transit Boards, the
appropriate Regional Transit Board.
(10) For board members of Regional Transit Boards, the
Governor.
(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09;
96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff.
7-13-12.)
(5 ILCS 430/5-15)
Sec. 5-15. Prohibited political activities.
(a) State employees shall not intentionally perform any
prohibited political activity during any compensated time
(other than vacation, personal, or compensatory time off).
State employees shall not intentionally misappropriate any
State property or resources by engaging in any prohibited
political activity for the benefit of any campaign for
elective office or any political organization.
(b) At no time shall any executive or legislative branch
constitutional officer or any official, director, supervisor,
or State employee intentionally misappropriate the services of
any State employee by requiring that State employee to perform
any prohibited political activity (i) as part of that
employee's State duties, (ii) as a condition of State
employment, or (iii) during any time off that is compensated
by the State (such as vacation, personal, or compensatory time

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off).
(c) A State employee shall not be required at any time to
participate in any prohibited political activity in
consideration for that State employee being awarded any
additional compensation or employee benefit, in the form of a
salary adjustment, bonus, compensatory time off, continued
employment, or otherwise.
(d) A State employee shall not be awarded any additional
compensation or employee benefit, in the form of a salary
adjustment, bonus, compensatory time off, continued
employment, or otherwise, in consideration for the State
employee's participation in any prohibited political activity.
(e) Nothing in this Section prohibits activities that are
otherwise appropriate for a State employee to engage in as a
part of his or her official State employment duties or
activities that are undertaken by a State employee on a
voluntary basis as permitted by law.
(f) No person either (i) in a position that is subject to
recognized merit principles of public employment or (ii) in a
position the salary for which is paid in whole or in part by
federal funds and that is subject to the Federal Standards for
a Merit System of Personnel Administration applicable to
grant-in-aid programs, shall be denied or deprived of State
employment or tenure solely because he or she is a member or an
officer of a political committee, of a political party, or of a
political organization or club.

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(g) No member shall refuse casework service to an
individual who resides in the member's district based solely
upon the individual's political affiliation.
(Source: P.A. 93-615, eff. 11-19-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.