Illinois Compiled Statutes 5 ILCS 430 State Officials and Employees Ethics Act. Section 5-50

    (5 ILCS 430/5-50)

    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 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

 boards

  under

 the

 Department Department

 of

 Public

 Health

 and

 licensing

 boards

 under

 the

  DepartmentOffice

 of

 Banks

 and

 Real

 Estate

 and

 licensing

 boards

 under

  the

 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. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)

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Last modified: February 18, 2015