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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:
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| 5 ILCS 430/1-5 | |
5 ILCS 430/5-15 | |
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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 |
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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Officials and Employees Ethics Act is |
| 5 | | amended by changing Sections 1-5 and 5-15 as follows:
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| 6 | | (5 ILCS 430/1-5)
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| 7 | | Sec. 1-5. Definitions. As used in this Act:
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| 8 | | "Appointee" means a person appointed to a position in or |
| 9 | | with a State
agency, regardless of whether the position is |
| 10 | | compensated.
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| 11 | | "Board members of Regional Transit Boards" means any |
| 12 | | person appointed to serve on the governing board of a Regional |
| 13 | | Transit Board. |
| 14 | | "Campaign for elective office" means any activity in |
| 15 | | furtherance of an
effort to influence the selection, |
| 16 | | nomination, election, or appointment of any
individual to any |
| 17 | | federal, State, or local public office or office in a
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| 18 | | political organization, or the selection, nomination, or |
| 19 | | election
of Presidential or Vice-Presidential electors,
but |
| 20 | | does not include
activities (i) relating to the support or |
| 21 | | opposition of any executive,
legislative, or administrative |
| 22 | | action (as those terms are defined in Section 2
of the Lobbyist |
| 23 | | Registration Act), (ii) relating to collective bargaining, or
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| 1 | | (iii) that are otherwise in furtherance of the person's |
| 2 | | official State duties.
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| 3 | | "Candidate" means a person who has
filed nominating papers |
| 4 | | or petitions for nomination or election to an elected
State |
| 5 | | office, or who has been appointed to fill a vacancy in |
| 6 | | nomination, and
who remains eligible for placement on the |
| 7 | | ballot at either a
general primary election or general |
| 8 | | election.
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| 9 | | "Casework service" means any of the following types of |
| 10 | | actions taken by a member or the member's staff on behalf of an |
| 11 | | individual, business, school, non-for-profit organization, or |
| 12 | | governmental entity who resides in the member's district: |
| 13 | | (1) requesting information or a status report from a |
| 14 | | State agency in the executive branch; |
| 15 | | (2) urging fair and ethical consideration of a matter |
| 16 | | by a State agency in the executive branch; or |
| 17 | | (3) arranging for meetings or interviews with a State |
| 18 | | agency in the executive branch. |
| 19 | | "Collective bargaining" has the same meaning as that term |
| 20 | | is defined in
Section 3 of the Illinois Public Labor Relations |
| 21 | | Act.
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| 22 | | "Commission" means an ethics commission created by this |
| 23 | | Act.
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| 24 | | "Compensated time" means any time worked by or credited to |
| 25 | | a State employee
that counts
toward any minimum work time |
| 26 | | requirement imposed as a condition of employment
with a State |
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| 1 | | agency, but does not include any designated State holidays or |
| 2 | | any
period when the employee is on a
leave of absence.
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| 3 | | "Compensatory time off" means authorized time off earned |
| 4 | | by or awarded to a
State employee to compensate in whole or in |
| 5 | | part for time worked in excess of
the minimum work time |
| 6 | | required
of that employee as a condition of employment with a |
| 7 | | State agency.
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| 8 | | "Contribution" has the same meaning as that term is |
| 9 | | defined in Section 9-1.4
of the Election Code.
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| 10 | | "Employee" means (i) any person employed full-time, |
| 11 | | part-time, or
pursuant to a contract and whose employment |
| 12 | | duties are subject to the direction
and
control of an employer |
| 13 | | with regard to the material details of how the work is
to be |
| 14 | | performed or (ii) any appointed or elected commissioner, |
| 15 | | trustee, director, or board member of a board of a State |
| 16 | | agency, including any retirement system or investment board |
| 17 | | subject to the Illinois Pension Code or (iii) any other |
| 18 | | appointee.
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| 19 | | "Employment benefits" include but are not limited to the |
| 20 | | following: modified compensation or benefit terms; compensated |
| 21 | | time off; or change of title, job duties, or location of office |
| 22 | | or employment. An employment benefit may also include |
| 23 | | favorable treatment in determining whether to bring any |
| 24 | | disciplinary or similar action or favorable treatment during |
| 25 | | the course of any disciplinary or similar action or other |
| 26 | | performance review. |
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| 1 | | "Executive branch constitutional officer" means the |
| 2 | | Governor, Lieutenant
Governor, Attorney General, Secretary of |
| 3 | | State, Comptroller, and Treasurer.
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| 4 | | "Gift" means any gratuity, discount, entertainment, |
| 5 | | hospitality, loan,
forbearance, or other tangible or |
| 6 | | intangible item having monetary value
including, but not
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| 7 | | limited to, cash, food and drink, and honoraria for speaking |
| 8 | | engagements
related to or attributable to government |
| 9 | | employment or the official position of
an
employee, member, or |
| 10 | | officer.
The value of a gift may be further defined by rules |
| 11 | | adopted by the appropriate ethics commission or by the Auditor |
| 12 | | General for the Auditor General and for employees of the |
| 13 | | office of the Auditor General.
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| 14 | | "Governmental entity" means a unit of local government |
| 15 | | (including a community college district) or a school
district |
| 16 | | but not a State
agency or a Regional Transit Board.
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| 17 | | "Leave of absence" means any period during which a State |
| 18 | | employee does not
receive (i) compensation for State |
| 19 | | employment, (ii) service credit towards
State pension |
| 20 | | benefits, and (iii) health insurance benefits paid for by the
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| 21 | | State.
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| 22 | | "Legislative branch constitutional officer" means a member |
| 23 | | of the General
Assembly and the Auditor General.
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| 24 | | "Legislative leader" means the President and Minority |
| 25 | | Leader of the Senate
and the Speaker and Minority Leader of the |
| 26 | | House of Representatives.
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| 1 | | "Member" means a member of the General Assembly.
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| 2 | | "Officer" means an executive branch constitutional officer
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| 3 | | or a
legislative branch constitutional officer.
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| 4 | | "Political" means any activity in support
of or in |
| 5 | | connection with any campaign for elective office or any |
| 6 | | political
organization, but does not include activities (i) |
| 7 | | relating to the support or
opposition of any executive, |
| 8 | | legislative, or administrative action (as those
terms are |
| 9 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
| 10 | | relating
to collective bargaining, or (iii) that are
otherwise
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| 11 | | in furtherance of the person's official
State duties or |
| 12 | | governmental and public service functions.
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| 13 | | "Political organization" means a party, committee, |
| 14 | | association, fund, or
other organization (whether or not |
| 15 | | incorporated) that is required to file a
statement of |
| 16 | | organization with the State Board of Elections or a county |
| 17 | | clerk
under Section 9-3 of the Election Code, but only with |
| 18 | | regard to those
activities that require filing with the State |
| 19 | | Board of Elections or a county
clerk.
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| 20 | | "Prohibited political activity" means:
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| 21 | | (1) Preparing for, organizing, or participating in any
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| 22 | | political meeting, political rally, political |
| 23 | | demonstration, or other political
event.
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| 24 | | (2) Soliciting contributions, including but not |
| 25 | | limited to the purchase
of, selling, distributing, or |
| 26 | | receiving
payment for tickets for any political |
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| 1 | | fundraiser,
political meeting, or other political event.
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| 2 | | (3) Soliciting, planning the solicitation of, or |
| 3 | | preparing any document or
report regarding any thing of |
| 4 | | value intended as a campaign contribution.
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| 5 | | (4) Planning, conducting, or participating in a public |
| 6 | | opinion
poll in connection with a campaign for elective |
| 7 | | office or on behalf of a
political organization for |
| 8 | | political purposes or for or against any referendum
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| 9 | | question.
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| 10 | | (5) Surveying or gathering information from potential |
| 11 | | or actual
voters in an election to determine probable vote |
| 12 | | outcome in connection with a
campaign for elective office |
| 13 | | or on behalf of a political organization for
political |
| 14 | | purposes or for or against any referendum question.
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| 15 | | (6) Assisting at the polls on election day on behalf |
| 16 | | of any
political organization or candidate for elective |
| 17 | | office or for or against any
referendum
question.
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| 18 | | (7) Soliciting votes on behalf of a candidate for |
| 19 | | elective office or a
political organization or for or |
| 20 | | against any referendum question or helping in
an effort to |
| 21 | | get voters
to the polls.
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| 22 | | (8) Initiating for circulation, preparing, |
| 23 | | circulating, reviewing, or
filing any petition on
behalf |
| 24 | | of a candidate for elective office or for or against any |
| 25 | | referendum
question.
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| 26 | | (9) Making contributions on behalf
of any candidate |
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| 1 | | for elective office in that capacity or in connection with |
| 2 | | a
campaign for elective office.
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| 3 | | (10) Preparing or reviewing responses to candidate |
| 4 | | questionnaires in
connection with a campaign for elective |
| 5 | | office or on behalf of a political
organization for |
| 6 | | political purposes.
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| 7 | | (11) Distributing, preparing for distribution, or |
| 8 | | mailing campaign
literature, campaign signs, or other |
| 9 | | campaign material on behalf of any
candidate for elective |
| 10 | | office or for or against any referendum question.
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| 11 | | (12) Campaigning for any elective
office or for or |
| 12 | | against any referendum question.
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| 13 | | (13) Managing or working on a campaign for elective
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| 14 | | office or for or against any referendum question.
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| 15 | | (14) Serving as a delegate, alternate, or proxy to a |
| 16 | | political
party convention.
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| 17 | | (15) Participating in any recount or challenge to the |
| 18 | | outcome of
any election, except to the extent that under |
| 19 | | subsection (d) of
Section 6 of Article IV of the Illinois |
| 20 | | Constitution each house of the General
Assembly shall |
| 21 | | judge the elections, returns, and qualifications of its |
| 22 | | members.
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| 23 | | "Prohibited source" means any person or entity who:
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| 24 | | (1) is seeking official action (i) by the
member or |
| 25 | | officer or (ii) in the case of an employee, by
the employee
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| 26 | | or by the
member, officer, State agency, or other employee |
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| 1 | | directing the
employee;
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| 2 | | (2) does business or seeks to do business (i) with the
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| 3 | | member or officer or (ii) in the case of an employee,
with |
| 4 | | the
employee or with the member, officer, State agency, or |
| 5 | | other
employee directing the
employee;
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| 6 | | (3) conducts activities regulated (i) by the
member or |
| 7 | | officer or (ii) in the case of an employee, by
the employee |
| 8 | | or by the member, officer, State agency, or
other employee |
| 9 | | directing the employee;
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| 10 | | (4) has interests that may be substantially affected |
| 11 | | by the performance or
non-performance of the official |
| 12 | | duties of the member, officer, or
employee;
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| 13 | | (5) is registered or required to be registered with |
| 14 | | the Secretary of State
under the Lobbyist Registration |
| 15 | | Act, except that an entity not otherwise a
prohibited |
| 16 | | source does not become a prohibited source merely because |
| 17 | | a
registered lobbyist is one of its members or serves on |
| 18 | | its board of
directors; or |
| 19 | | (6) is an agent of, a spouse of, or an immediate family |
| 20 | | member who is living with a "prohibited source".
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| 21 | | "Regional Transit Boards" means (i) the Regional |
| 22 | | Transportation Authority created by the Regional |
| 23 | | Transportation Authority Act, (ii) the Suburban Bus Division |
| 24 | | created by the Regional Transportation Authority Act, (iii) |
| 25 | | the Commuter Rail Division created by the Regional |
| 26 | | Transportation Authority Act, and (iv) the Chicago Transit |
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| 1 | | Authority created by the Metropolitan Transit Authority Act. |
| 2 | | "State agency" includes all officers, boards, commissions |
| 3 | | and agencies
created by the Constitution, whether in the |
| 4 | | executive or legislative
branch; all officers,
departments, |
| 5 | | boards, commissions, agencies, institutions, authorities,
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| 6 | | public institutions of higher learning as defined in Section 2 |
| 7 | | of the Higher
Education
Cooperation Act (except community |
| 8 | | colleges), and bodies politic and corporate of the State; and
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| 9 | | administrative
units or corporate outgrowths of the State |
| 10 | | government which are created by
or pursuant to statute, other |
| 11 | | than units of local government (including community college |
| 12 | | districts) and their
officers, school districts, and boards of |
| 13 | | election commissioners; and all
administrative units and |
| 14 | | corporate outgrowths of the above and as may be
created by |
| 15 | | executive order of the Governor. "State agency" includes the |
| 16 | | General
Assembly, the Senate, the House of Representatives, |
| 17 | | the President and Minority
Leader of the Senate, the Speaker |
| 18 | | and Minority Leader of the House of
Representatives, the |
| 19 | | Senate Operations Commission, and the legislative support
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| 20 | | services agencies. "State agency" includes the Office
of the |
| 21 | | Auditor General. "State agency" does not include the judicial |
| 22 | | branch.
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| 23 | | "State employee" means any employee of a State agency.
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| 24 | | "Ultimate jurisdictional
authority" means the following:
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| 25 | | (1) For members, legislative partisan staff, and |
| 26 | | legislative secretaries,
the appropriate
legislative |
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| 1 | | leader: President of the
Senate, Minority Leader of the |
| 2 | | Senate, Speaker of the House of Representatives,
or |
| 3 | | Minority Leader of the House of Representatives.
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| 4 | | (2) For State employees who are professional staff or |
| 5 | | employees of the
Senate and not covered under item (1), |
| 6 | | the Senate Operations Commission.
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| 7 | | (3) For State employees who are professional staff or |
| 8 | | employees of the
House of Representatives and not covered |
| 9 | | under item (1), the Speaker of the
House of |
| 10 | | Representatives.
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| 11 | | (4) For State employees who are employees of the |
| 12 | | legislative support
services agencies, the Joint Committee |
| 13 | | on Legislative Support Services.
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| 14 | | (5) For State employees of the Auditor General, the |
| 15 | | Auditor General.
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| 16 | | (6) For State employees of public institutions of |
| 17 | | higher learning as
defined in Section 2 of the Higher |
| 18 | | Education Cooperation Act (except community colleges), the |
| 19 | | board of
trustees of the appropriate public institution of |
| 20 | | higher learning.
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| 21 | | (7) For State employees of an executive branch |
| 22 | | constitutional officer
other than those described in |
| 23 | | paragraph (6), the
appropriate executive branch |
| 24 | | constitutional officer.
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| 25 | | (8) For State employees not under the jurisdiction of |
| 26 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
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| 1 | | Governor.
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| 2 | | (9) For employees of Regional Transit Boards, the |
| 3 | | appropriate Regional Transit Board.
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| 4 | | (10) For board members of Regional Transit Boards, the |
| 5 | | Governor. |
| 6 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; |
| 7 | | 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. |
| 8 | | 7-13-12.)
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| 9 | | (5 ILCS 430/5-15)
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| 10 | | Sec. 5-15. Prohibited political activities.
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| 11 | | (a) State employees shall not intentionally perform any |
| 12 | | prohibited political
activity during
any compensated time |
| 13 | | (other than vacation, personal, or compensatory time off).
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| 14 | | State employees shall not intentionally
misappropriate any |
| 15 | | State property or resources by engaging in any prohibited
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| 16 | | political activity for the benefit of any campaign
for |
| 17 | | elective office or any political organization.
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| 18 | | (b) At no time shall any executive or legislative branch |
| 19 | | constitutional
officer or any official, director, supervisor, |
| 20 | | or State
employee intentionally misappropriate the services of |
| 21 | | any State employee by
requiring that State employee to perform |
| 22 | | any
prohibited political activity (i) as part of that |
| 23 | | employee's State
duties, (ii) as a
condition of State |
| 24 | | employment, or (iii)
during any time off that is compensated |
| 25 | | by the State (such as
vacation, personal, or compensatory time |
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| 1 | | off).
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| 2 | | (c) A State employee shall not be required at any time to |
| 3 | | participate in any
prohibited political activity
in |
| 4 | | consideration for
that State employee
being awarded any |
| 5 | | additional compensation or employee benefit, in the form of a
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| 6 | | salary adjustment, bonus, compensatory time off, continued |
| 7 | | employment, or
otherwise.
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| 8 | | (d) A State employee shall not be awarded any additional |
| 9 | | compensation or
employee benefit, in the form of a salary |
| 10 | | adjustment, bonus, compensatory time
off, continued |
| 11 | | employment, or otherwise, in consideration for the State
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| 12 | | employee's participation in
any prohibited political activity.
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| 13 | | (e) Nothing in this Section prohibits activities that are |
| 14 | | otherwise
appropriate for a State employee to engage in as a |
| 15 | | part of
his or her official State employment duties
or |
| 16 | | activities that are undertaken by a State employee on a |
| 17 | | voluntary basis as
permitted by law.
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| 18 | | (f) No person either (i) in a position that is subject to |
| 19 | | recognized merit
principles of
public
employment or (ii) in a |
| 20 | | position the salary for which is paid in whole or in
part by |
| 21 | | federal funds and that is subject to the Federal Standards for |
| 22 | | a Merit
System of Personnel Administration applicable to |
| 23 | | grant-in-aid programs, shall
be denied or deprived of State |
| 24 | | employment or tenure solely because he or she is
a member or an |
| 25 | | officer of a political committee,
of a political party, or of a |
| 26 | | political organization or club.
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