2023 Illinois Compiled Statutes › Chapter 5 - GENERAL PROVISIONS › 5 ILCS 430/ - State Officials and Employees Ethics Act. › Article 1 - General Provisions

(5 ILCS 430/Art. 1 heading)
ARTICLE 1
GENERAL PROVISIONS
(Source: P.A. 93-615, eff. 11-19-03.)
(5 ILCS 430/1-1)
Sec. 1-1. Short title.  This Act may be cited as the State Officials
and Employees
Ethics Act.
(Source: P.A. 93-615, eff. 11-19-03.)
(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 Development Authorities" means
any person appointed to serve on the governing board of a
Regional Development Authority.
"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
(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.
"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 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.
"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, a Regional Transit Board, or a Regional Development Authority.
"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.
"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 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     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 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 Development Authority" means the following regional development authorities:
(1) the Central Illinois Economic Development     Authority created by the Central Illinois Economic Development Authority Act;
(2) the Eastern Illinois Economic Development     Authority created by the Eastern Illinois Economic Development Authority Act;
(3) the Joliet Arsenal Development Authority created     by the Joliet Arsenal Development Authority Act;
(4) the Quad Cities Regional Economic Development     Authority created by Quad Cities Regional Economic Development Authority Act, approved September 22, 1987;
(5) the Riverdale Development Authority created by     the Riverdale Development Authority Act;
(6) the Southeastern Illinois Economic Development     Authority created by the Southeastern Illinois Economic Development Authority Act;
(7) the Southern Illinois Economic Development     Authority created by the Southern Illinois Economic Development Authority Act;
(8) the Southwestern Illinois Development Authority     created by the Southwestern Illinois Development Authority Act;
(9) the Tri-County River Valley Development Authority     created by the Tri-County River Valley Development Authority Law;
(10) the Upper Illinois River Valley Development     Authority created by the Upper Illinois River Valley Development Authority Act;
(11) the Illinois Urban Development Authority created     by the Illinois Urban Development Authority Act;
(12) the Western Illinois Economic Development     Authority created by the Western Illinois Economic Development Authority Act; and
(13) the Will-Kankakee Regional Development Authority     created by the Will-Kankakee Regional Development Authority Law.
"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 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 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 Governor.
(9) For employees of Regional Transit Boards, the     appropriate Regional Transit Board.
(10) For board members of Regional Transit Boards,     the Governor.
(11) For employees of Regional Development     Authorities, the  appropriate Regional Development Authority.
(12) For board members of Regional Development     Authorities, the Governor. (Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/1-10)
Sec. 1-10. Applicability.   The State Officials and Employees Ethics Act
applies only to conduct
that occurs on or after the effective date of this Act and to causes of action
that accrue on or after the effective date of this Act.
(Source: P.A. 93-615, eff. 11-19-03.)