5 ILCS 430/5-50
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 430/ - State Officials and Employees Ethics Act.|Article 5 - Ethical Conduct

(Text of Section from P.A. 102-538)Sec. 5-50. Ex parte communications; special government agents.(a) This Section applies to ex  parte communications made to any agency listed in subsection (e).(b) "Ex parte communication" means any written or oral communication by any  person  that imparts or requests material  information  or makes a material argument regarding  potential action concerning regulatory, quasi-adjudicatory, investment, or  licensing  matters pending before or under consideration by the agency.  "Ex parte  communication" does not include the following: (i) statements by  a person publicly made in a public forum; (ii) statements regarding  matters of procedure and practice, such as format, the  number of copies required, the manner of filing, and the status  of a matter; and (iii) statements made by a  State employee of the agency to the agency head or other employees of that  agency.(b-5) An ex parte communication received by an agency,  agency head, or other agency employee from an interested party or  his or her official representative or attorney shall promptly be  memorialized and made a part of the record.(c) An ex parte communication received by any agency, agency head, or  other agency  employee, other than an ex parte communication described in subsection (b-5),  shall immediately be reported to that agency's ethics officer by the recipient  of the communication and by any other employee of that agency who responds to  the communication.  The ethics officer shall require that the ex parte  communication  be promptly made a part of the record.  The ethics officer shall promptly  file the ex parte communication with the  Executive Ethics Commission, including all written  communications, all written responses to the communications, and a memorandum  prepared by the ethics officer stating the nature and substance of all oral  communications, the identity and job title of the person to whom each  communication was made,  all responses made, the identity and job title of the person making each  response,  the identity of each person from whom the written or oral ex parte  communication was received, the individual or entity represented by that  person, any action the person requested or recommended, and any other pertinent  information.  The disclosure shall also contain the date of any  ex parte communication.(d) "Interested party" means a person or entity whose rights,  privileges, or interests are the subject of or are directly affected by  a regulatory, quasi-adjudicatory, investment, or licensing matter.(e) This Section applies to the following agencies:    Executive Ethics Commission  Illinois Commerce Commission  Educational Labor Relations Board  State Board of Elections  Illinois Gaming Board  Health Facilities and Services Review Board   Illinois Workers' Compensation Commission  Illinois Labor Relations Board  Illinois Liquor Control Commission  Pollution Control Board  Property Tax Appeal Board  Illinois Racing Board  Illinois Purchased Care Review Board  Illinois  State Police Merit Board  Motor Vehicle Review Board  Prisoner Review Board  Civil Service Commission  Personnel Review Board for the Treasurer  Merit Commission for the Secretary of State  Merit Commission for the Office of the Comptroller  Court of ClaimsBoard of Review of the Department of Employment SecurityDepartment of Insurance  Department of Professional Regulation and licensing boardsunder the Department  Department of Public Health and licensing boards under theDepartmentOffice of Banks and Real Estate and licensing boards underthe Office  State Employees Retirement System Board of TrusteesJudges Retirement System Board of TrusteesGeneral Assembly Retirement System Board of TrusteesIllinois Board of InvestmentState Universities Retirement System Board of TrusteesTeachers Retirement System Officers Board of Trustees(f) Any person who fails to (i) report an ex parte communication to an  ethics officer, (ii) make information part of the record, or (iii) make a  filing  with the Executive Ethics Commission as required by this Section or as required  by  Section 5-165 of the Illinois Administrative Procedure Act violates this Act.    (Source: P.A. 102-538, eff. 8-20-21.)(Text of Section from P.A. 102-662)Sec. 5-50. Ex parte communications; special government agents.(a) This Section applies to ex  parte communications made to any agency listed in subsection (e).(b) "Ex parte communication" means any written or oral communication by any  person  that imparts or requests material  information  or makes a material argument regarding  potential action concerning regulatory, quasi-adjudicatory, investment, or  licensing  matters pending before or under consideration by the agency.  "Ex parte  communication" does not include the following: (i) statements by  a person publicly made in a public forum; (ii) statements regarding  matters of procedure and practice, such as format, the  number of copies required, the manner of filing, and the status  of a matter; and (iii) statements made by a  State employee of the agency to the agency head or other employees of that  agency.(b-5) An ex parte communication received by an agency,  agency head, or other agency employee from an interested party or  his or her official representative or attorney shall promptly be  memorialized and made a part of the record.(c) An ex parte communication received by any agency, agency head, or  other agency  employee, other than an ex parte communication described in subsection (b-5),  shall immediately be reported to that agency's ethics officer by the recipient  of the communication and by any other employee of that agency who responds to  the communication.  The ethics officer shall require that the ex parte  communication  be promptly made a part of the record.  The ethics officer shall promptly  file the ex parte communication with the  Executive Ethics Commission, including all written  communications, all written responses to the communications, and a memorandum  prepared by the ethics officer stating the nature and substance of all oral  communications, the identity and job title of the person to whom each  communication was made,  all responses made, the identity and job title of the person making each  response,  the identity of each person from whom the written or oral ex parte  communication was received, the individual or entity represented by that  person, any action the person requested or recommended, and any other pertinent  information.  The disclosure shall also contain the date of any  ex parte communication.(d) "Interested party" means a person or entity whose rights,  privileges, or interests are the subject of or are directly affected by  a regulatory, quasi-adjudicatory, investment, or licensing matter.  For purposes of an ex parte communication received by either the Illinois Commerce Commission or the Illinois Power Agency, "interested party" also includes: (1) an organization comprised of 2 or more businesses, persons, nonprofit entities, or any combination thereof, that are working in concert to advance public policy advocated by the organization, or (2) any party selling renewable energy resources procured by the Illinois Power Agency pursuant to Section 16-111.5 of the Public Utilities Act and Section 1-75 of the Illinois Power Agency Act.(e) This Section applies to the following agencies:    Executive Ethics Commission  Illinois Commerce Commission  Illinois Power Agency Educational Labor Relations Board  State Board of Elections  Illinois Gaming Board  Health Facilities and Services Review Board   Illinois Workers' Compensation Commission  Illinois Labor Relations Board  Illinois Liquor Control Commission  Pollution Control Board  Property Tax Appeal Board  Illinois Racing Board  Illinois Purchased Care Review Board  Department of State Police Merit Board  Motor Vehicle Review Board  Prisoner Review Board  Civil Service Commission  Personnel Review Board for the Treasurer  Merit Commission for the Secretary of State  Merit Commission for the Office of the Comptroller  Court of ClaimsBoard of Review of the Department of Employment SecurityDepartment of Insurance  Department of Professional Regulation and licensing boardsunder the Department  Department of Public Health and licensing boards under theDepartmentOffice of Banks and Real Estate and licensing boards underthe Office  State Employees Retirement System Board of TrusteesJudges Retirement System Board of TrusteesGeneral Assembly Retirement System Board of TrusteesIllinois Board of InvestmentState Universities Retirement System Board of TrusteesTeachers Retirement System Officers Board of Trustees(f) Any person who fails to (i) report an ex parte communication to an  ethics officer, (ii) make information part of the record, or (iii) make a  filing  with the Executive Ethics Commission as required by this Section or as required  by  Section 5-165 of the Illinois Administrative Procedure Act violates this Act.    (Source: P.A. 102-662, eff. 9-15-21.)