Bill Amendment: IL SB0730 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: GOVERNMENTAL ETHICS-VARIOUS

Status: 2019-12-20 - Public Act . . . . . . . . . 101-0617 [SB0730 Detail]

Download: Illinois-2019-SB0730-House_Amendment_002.html

---

Rep. Ann M. Williams

Filed: 11/13/2019

10100SB0730ham002 LRB101 04491 RJF 64648 a
AMENDMENT TO SENATE BILL 730
AMENDMENT NO. ______. Amend Senate Bill 730, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Governmental Ethics Act is amended
by changing Section 4A-106.5 as follows:
(5 ILCS 420/4A-106.5)
Sec. 4A-106.5. Persons filing statements with county
clerk; notice; certification of list of names; alphabetical
list; receipt; examination and copying of statements. The
statements of economic interests required of persons listed in
Section 4A-101.5 shall be filed with the county clerk of the
county in which the principal office of the unit of local
government with which the person is associated is located. If
it is not apparent which county the principal office of a unit
of local government is located, the chief administrative

10100SB0730ham002 - 2 - LRB101 04491 RJF 64648 a
officer, or his or her designee, has the authority, for
purposes of this Act, to determine the county in which the
principal office is located. Annually, on or before February 1,
the The chief administrative officer, or his or her designee,
of each unit of local government with persons described in
Section 4A-101.5 shall certify to the appropriate county clerk
a list of names and addresses of persons that are required to
file. In preparing the lists, each chief administrative
officer, or his or her designee, shall set out the names in
alphabetical order.
On or before April 1 annually, the county clerk of each
county shall notify all persons whose names have been certified
to him under Section 4A-101.5, other than candidates for office
who have filed their statements with their nominating
petitions, of the requirements for filing statements of
economic interests. A person required to file with a county
clerk by virtue of more than one item among items set forth in
Section 4A-101.5 shall be notified of and is required to file
only one statement of economic interests relating to all items
under which the person is required to file with that county
clerk.
Except as provided in Section 4A-106.1, the notices
provided for in this Section shall be in writing and deposited
in the U.S. Mail, properly addressed, first class postage
prepaid, on or before the day required by this Section for the
sending of the notice. Alternatively, a county clerk may send

10100SB0730ham002 - 3 - LRB101 04491 RJF 64648 a
the notices electronically to all persons whose names have been
thus certified to him. A certificate executed by a county clerk
attesting that he or she has sent the notice by the means
permitted by this Section constitutes prima facie evidence
thereof.
From the lists certified to him or her under this Section
of persons described in Section 4A-101.5, the clerk of each
county shall compile an alphabetical listing of persons
required to file statements of economic interests in his or her
office under any of those items. As the statements are filed in
his or her office, the county clerk shall cause the fact of
that filing to be indicated on the alphabetical listing of
persons who are required to file statements. Within 30 days
after the due dates, the county clerk shall mail to the State
Board of Elections a true copy of that listing showing those
who have filed statements.
The county clerk of each county shall note upon the
alphabetical listing the names of all persons required to file
a statement of economic interests who failed to file a
statement on or before May 1. It shall be the duty of the
several county clerks to give notice as provided in Section
4A-105 to any person who has failed to file his or her
statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Section is entitled to receive from the
county clerk a receipt indicating that the person has filed

10100SB0730ham002 - 4 - LRB101 04491 RJF 64648 a
such a statement, the date of filing, and the identity of the
governmental unit or units in relation to which the filing is
required.
All statements of economic interests filed under this
Section shall be available for examination and copying by the
public at all reasonable times.
(Source: P.A. 101-221, eff. 8-9-19.)
Section 10. The State Officials and Employees Ethics Act is
amended by changing Sections 5-10.5, 20-5, 20-50, 20-63, 20-90,
25-5, 25-50, 25-63, 25-90 as follows:
(5 ILCS 430/5-10.5)
Sec. 5-10.5. Harassment and discrimination prevention
training.
(a) Until 2020, each officer, member, and employee must
complete, at least annually, a sexual harassment training
program. A person who fills a vacancy in an elective or
appointed position that requires training under this Section
must complete his or her initial sexual harassment training
program within 30 days after commencement of his or her office
or employment. The training shall include, at a minimum, the
following: (i) the definition, and a description, of sexual
harassment utilizing examples; (ii) details on how an
individual can report an allegation of sexual harassment,
including options for making a confidential report to a

10100SB0730ham002 - 5 - LRB101 04491 RJF 64648 a
supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) the definition, and
description of, retaliation for reporting sexual harassment
allegations utilizing examples, including availability of
whistleblower protections under this Act, the Whistleblower
Act, and the Illinois Human Rights Act; and (iv) the
consequences of a violation of the prohibition on sexual
harassment and the consequences for knowingly making a false
report. Proof of completion must be submitted to the applicable
ethics officer. Sexual harassment training programs shall be
overseen by the appropriate Ethics Commission and Inspector
General appointed under this Act.
(a-5) Beginning in 2020, each officer, member, and employee
must complete, at least annually, a harassment and
discrimination prevention training program. A person who fills
a vacancy in an elective or appointed position that requires
training under this subsection must complete his or her initial
harassment and discrimination prevention training program
within 30 days after commencement of his or her office or
employment. The training shall include, at a minimum, the
following: (i) the definition and a description of sexual
harassment, unlawful discrimination, and harassment, including
examples of each; (ii) details on how an individual can report
an allegation of sexual harassment, unlawful discrimination,
or harassment, including options for making a confidential
report to a supervisor, ethics officer, Inspector General, or

10100SB0730ham002 - 6 - LRB101 04491 RJF 64648 a
the Department of Human Rights; (iii) the definition and
description of retaliation for reporting sexual harassment,
unlawful discrimination, or harassment allegations utilizing
examples, including availability of whistleblower protections
under this Act, the Whistleblower Act, and the Illinois Human
Rights Act; and (iv) the consequences of a violation of the
prohibition on sexual harassment, unlawful discrimination, and
harassment and the consequences for knowingly making a false
report. Proof of completion must be submitted to the applicable
ethics officer. Harassment and discrimination training
programs shall be overseen by the appropriate Ethics Commission
and Inspector General appointed under this Act.
For the purposes of this subsection, "unlawful
discrimination" and "harassment" refer refers to
discrimination and harassment prohibited under Section 2-102
of the Illinois Human Rights Act.
(b) Each ultimate jurisdictional authority shall submit to
the applicable Ethics Commission, at least annually, or more
frequently as required by that Commission, a report that
summarizes the harassment and discrimination prevention sexual
harassment training program that was completed during the
previous year, and lays out the plan for the training program
in the coming year. The report shall include the names of
individuals that failed to complete the required training
program. Each Ethics Commission shall make the reports
available on its website.

10100SB0730ham002 - 7 - LRB101 04491 RJF 64648 a
(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19;
revised 9-12-19.)
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner shall,
except by the Senate's request, be nominated again for that
office at the same session of the Senate or be appointed to
that office during a recess of that Senate. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as

10100SB0730ham002 - 8 - LRB101 04491 RJF 64648 a
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that
person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (iii) is
related to the appointing authority, or (iv) is a State officer

10100SB0730ham002 - 9 - LRB101 04491 RJF 64648 a
or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than 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, the
legislative support services agencies, and the Office of the
Auditor General. The Executive Ethics Commission shall have
jurisdiction over all board members and employees of Regional
Transit Boards. The jurisdiction of the Commission is limited
to matters arising under this Act, except as provided in
subsection (d-5).
A member or legislative branch State employee serving on an
executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.
The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have
jurisdiction over the Illinois Power Agency and its staff. The
Director of the Agency shall be appointed by a majority of the

10100SB0730ham002 - 10 - LRB101 04491 RJF 64648 a
commissioners of the Executive Ethics Commission, subject to
Senate confirmation, for a term of 2 years. The Director is
removable for cause by a majority of the Commission upon a
finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the
Illinois Power Agency during a recess of the Senate, the
Executive Ethics Commission may make a temporary appointment
until the next meeting of the Senate, at which time the
Executive Ethics Commission shall nominate some person to fill
the office, and any person so nominated who is confirmed by the
Senate shall hold office during the remainder of the term and
until his or her successor is appointed and qualified. Nothing
in this subsection shall prohibit the Executive Ethics
Commission from removing a temporary appointee or from
appointing a temporary appointee as the Director of the
Illinois Power Agency.
(3) Prior to June 1, 2012, the Executive Ethics Commission
may, until the Director of the Illinois Power Agency is
appointed and qualified or a temporary appointment is made
pursuant to paragraph (2) of this subsection, designate some
person as an acting Director to execute the powers and
discharge the duties vested by law in that Director. An acting
Director shall serve no later than 60 calendar days, or upon
the making of an appointment pursuant to paragraph (1) or (2)
of this subsection, whichever is earlier. Nothing in this
subsection shall prohibit the Executive Ethics Commission from

10100SB0730ham002 - 11 - LRB101 04491 RJF 64648 a
removing an acting Director or from appointing an acting
Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of
Director of the Illinois Power Agency shall, except at the
Senate's request, be nominated again for that office at the
same session or be appointed to that office during a recess of
that Senate.
(d-7) The Executive Ethics Commission shall have
jurisdiction over complainants and respondents in violation of
subsection (d) of Section 20-90 subsection (e) of Section
20-63.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and as
often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections and
may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.

10100SB0730ham002 - 12 - LRB101 04491 RJF 64648 a
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director
shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and may appoint procurement compliance
monitors in accordance with the provisions of the Illinois
Procurement Code. The compensation of a chief procurement
officer and procurement compliance monitor shall be determined

10100SB0730ham002 - 13 - LRB101 04491 RJF 64648 a
by the Commission.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19.)
(5 ILCS 430/20-50)
Sec. 20-50. Investigation reports.
(a) If an Executive Inspector General, upon the conclusion
of an investigation, determines that reasonable cause exists to
believe that a violation has occurred, then the Executive
Inspector General shall issue a summary report of the
investigation. The report shall be delivered to the appropriate
ultimate jurisdictional authority and to the head of each State
agency affected by or involved in the investigation, if
appropriate. The appropriate ultimate jurisdictional authority
or agency head shall respond to the summary report within 20
days, in writing, to the Executive Inspector General. The
response shall include a description of any corrective or
disciplinary action to be imposed. If the appropriate ultimate
jurisdictional authority does not respond within 20 days, or
within an extended time period as agreed to by the Executive
Inspector General, an Executive Inspector General may proceed
under subsection (c) as if a response had been received.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other
information received by the Executive Inspector General
pertinent to the investigation.

10100SB0730ham002 - 14 - LRB101 04491 RJF 64648 a
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) Recommendations for any corrective or disciplinary
action to be taken in response to any alleged misconduct
described in the report, including but not limited to
discharge.
(4) Other information the Executive Inspector General
deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), the Executive Inspector General shall
notify the Commission and the Attorney General if the Executive
Inspector General believes that a complaint should be filed
with the Commission. If the Executive Inspector General desires
to file a complaint with the Commission, the Executive
Inspector General shall submit the summary report and
supporting documents to the Attorney General. If the Attorney
General concludes that there is insufficient evidence that a
violation has occurred, the Attorney General shall notify the
Executive Inspector General and the Executive Inspector
General shall deliver to the Executive Ethics Commission a copy
of the summary report and response from the ultimate
jurisdictional authority or agency head. If the Attorney
General determines that reasonable cause exists to believe that
a violation has occurred, then the Executive Inspector General,

10100SB0730ham002 - 15 - LRB101 04491 RJF 64648 a
represented by the Attorney General, may file with the
Executive Ethics Commission a complaint. The complaint shall
set forth the alleged violation and the grounds that exist to
support the complaint. The complaint must be filed with the
Commission within 12 months after the Executive Inspector
General's receipt of the allegation of the violation or within
18 months after the most recent act of the alleged violation or
of a series of alleged violations, whichever is later, except
where there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be an
affirmative act or representation calculated to prevent
discovery of the fact that a violation has occurred. If a
complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Executive Inspector General does
not believe that a complaint should be filed, the Executive
Inspector General shall deliver to the Executive Ethics
Commission a statement setting forth the basis for the decision
not to file a complaint and a copy of the summary report and
response from the ultimate jurisdictional authority or agency

10100SB0730ham002 - 16 - LRB101 04491 RJF 64648 a
head. An Inspector General may also submit a redacted version
of the summary report and response from the ultimate
jurisdictional authority if the Inspector General believes
either contains information that, in the opinion of the
Inspector General, should be redacted prior to releasing the
report, may interfere with an ongoing investigation, or
identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Executive Inspector General
provide additional information or conduct further
investigation. The Commission may also appoint a Special
Executive Inspector General to investigate or refer the summary
report and response from the ultimate jurisdictional authority
to the Attorney General for further investigation or review. If
the Commission requests the Attorney General to investigate or
review, the Commission must notify the Attorney General and the
Inspector General. The Attorney General may not begin an
investigation or review until receipt of notice from the
Commission. If, after review, the Attorney General determines
that reasonable cause exists to believe that a violation has
occurred, then the Attorney General may file a complaint with
the Executive Ethics Commission. If the Attorney General
concludes that there is insufficient evidence that a violation
has occurred, the Attorney General shall notify the Executive
Ethics Commission and the appropriate Executive Inspector

10100SB0730ham002 - 17 - LRB101 04491 RJF 64648 a
General.
(d) A copy of the complaint filed with the Executive Ethics
Commission must be served on all respondents named in the
complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, either in person or by
telephone, at least 30 days after the complaint is served on
all respondents in a closed session to review the sufficiency
of the complaint. The Commission shall issue notice by
certified mail, return receipt requested, to the Executive
Inspector General, Attorney General, and all respondents of the
Commission's ruling on the sufficiency of the complaint. If the
complaint is deemed to sufficiently allege a violation of this
Act, then the Commission shall include a hearing date scheduled
within 4 weeks after the date of the notice, unless all of the
parties consent to a later date. If the complaint is deemed not
to sufficiently allege a violation, then the Commission shall
send by certified mail, return receipt requested, a notice to
the Executive Inspector General, Attorney General, and all
respondents of the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by

10100SB0730ham002 - 18 - LRB101 04491 RJF 64648 a
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Executive Ethics Commission, the Commission shall (i) dismiss
the complaint, (ii) issue a recommendation of discipline to the
respondent and the respondent's ultimate jurisdictional
authority, (iii) impose an administrative fine upon the
respondent, (iv) issue injunctive relief as described in
Section 50-10, or (v) impose a combination of (ii) through
(iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by
the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Executive Ethics Commission shall make public the
entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional
authority to the Executive Ethics Commission.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.)

10100SB0730ham002 - 19 - LRB101 04491 RJF 64648 a
(5 ILCS 430/20-63)
Sec. 20-63. Rights of persons subjected to discrimination,
harassment, or sexual harassment.
(a) As used in this Section, "complainant" means a known
person identified in a complaint filed with an Executive
Inspector General as a person subjected to alleged
discrimination, harassment, or sexual harassment in violation
of Section 5-65 of this Act, subsection (a) of Section 4.7 of
the Lobbyist Registration Act, or Article 2 of the Illinois
Human Rights Act, regardless of whether the complaint is filed
by the person.
(b) A complainant shall have the following rights:
(1) within 5 business days of the Executive Inspector
General receiving a complaint in which the complainant is
identified, to be notified by the Executive Inspector
General of the receipt of the complaint, the complainant's
rights, and an explanation of the process, rules, and
procedures related to the investigation of an allegation,
and the duties of the Executive Inspector General and the
Executive Ethics Commission;
(2) within 5 business days after the Executive
Inspector General's decision to open or close an
investigation into the complaint or refer the complaint to
another appropriate agency, to be notified of the Executive
Inspector General's decision; however, if the Executive

10100SB0730ham002 - 20 - LRB101 04491 RJF 64648 a
Inspector General reasonably determines that publicly
acknowledging the existence of an investigation would
interfere with the conduct or completion of that
investigation, the notification may be withheld until
public acknowledgment of the investigation would no longer
interfere with that investigation;
(3) after an investigation has been opened, to have any
interviews of the complainant audio recorded by the
Executive Inspector General and to review, in person and in
the presence of the Executive Inspector General or his or
her designee, any transcript or interview report created
from that audio recorded interview. The complainant may
provide any supplemental statements or evidence throughout
the investigation to review statements and evidence given
to the Executive Inspector General by the complainant and
the Executive Inspector General's summarization of those
statements and evidence, if such summary exists. The
complainant may make suggestions of changes for the
Executive Inspector General's consideration, but the
Executive Inspector General shall have the final authority
to determine what statements, evidence, and summaries are
included in any report of the investigation;
(4) to have a union representative, attorney,
co-worker, or other support person who is not involved in
the investigation, at the complainant's expense, present
at any interview or meeting, whether in person or by

10100SB0730ham002 - 21 - LRB101 04491 RJF 64648 a
telephone or audio-visual communication, between the
complainant and the Executive Inspector General or
Executive Ethics Commission;
(5) to submit an impact statement that shall be
included with the Executive Inspector General's summary
report to the Executive Ethics Commission for its
consideration;
(6) to testify at a hearing held under subsection (g)
of Section 20-50, to the extent the hearing is based on an
allegation of a violation of Section 5-65 of this Act or
subsection (a) of Section 4.7 of the Lobbyist Registration
Act involving the complainant, and have a single union
representative, attorney, co-worker, or other support
person who is not involved in the investigation, at the
complainant's expense, accompany him or her while
testifying;
(7) to review, within 5 business days prior to its
release, any portion of a summary report of the
investigation subject to public release under this Article
related to the allegations concerning the complainant,
after redactions made by the Executive Ethics Commission,
and offer suggestions for redaction or provide a response
that shall be made public with the summary report; and
(8) to file a complaint with the Executive Ethics
Commission for any violation of the complainant's rights
under this Section by the Executive Inspector General.

10100SB0730ham002 - 22 - LRB101 04491 RJF 64648 a
(c) The complainant shall have the sole discretion in
determining whether to exercise the rights set forth in this
Section. All rights under this Section shall be waived if the
complainant fails to cooperate with the Executive Inspector
General's investigation of the complaint.
(d) The notice requirements imposed on Inspectors General
by this Section shall be waived if the Inspector General is
unable to identify or locate the complainant.
(e) (Blank). A complainant receiving a copy of any summary
report, in whole or in part, under this Section shall keep the
report confidential and shall not disclose the report prior to
the publication of the report by the Executive Ethics
Commission. A complainant that violates this subsection (e)
shall be subject to an administrative fine by the Executive
Ethics Commission of up to $5,000.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 430/20-90)
Sec. 20-90. Confidentiality.
(a) The identity of any individual providing information or
reporting any possible or alleged misconduct to an Executive
Inspector General or the Executive Ethics Commission shall be
kept confidential and may not be disclosed without the consent
of that individual, unless the individual consents to
disclosure of his or her name or disclosure of the individual's
identity is otherwise required by law. The confidentiality

10100SB0730ham002 - 23 - LRB101 04491 RJF 64648 a
granted by this subsection does not preclude the disclosure of
the identity of a person in any capacity other than as the
source of an allegation.
(b) Subject to the provisions of Section 20-52,
commissioners, employees, and agents of the Executive Ethics
Commission, the Executive Inspectors General, and employees
and agents of each Office of an Executive Inspector General,
the Attorney General, and the employees and agents of the
office of the Attorney General shall keep confidential and
shall not disclose information exempted from disclosure under
the Freedom of Information Act or by this Act, provided the
identity of any individual providing information or reporting
any possible or alleged misconduct to the Executive Inspector
General for the Governor may be disclosed to an Inspector
General appointed or employed by a Regional Transit Board in
accordance with Section 75-10.
(c) In his or her discretion, an Executive Inspector
General may notify complainants and subjects of an
investigation with an update on the status of the respective
investigation, including when the investigation is opened and
closed.
(d) A complainant, as defined in subsection (a) of Section
20-63, or a respondent who receives a copy of any summary
report, in whole or in part, shall keep the report confidential
and shall not disclose the report, or any portion thereof,
prior to the publication of the summary report by the Executive

10100SB0730ham002 - 24 - LRB101 04491 RJF 64648 a
Ethics Commission pursuant to this Act. A complainant or
respondent who violates this subsection (d) shall be in
violation of this Act and subject to an administrative fine by
the Executive Ethics Commission of up to $5,000.
(Source: P.A. 100-588, eff. 6-8-18.)
(5 ILCS 430/25-5)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
The terms of the initial commissioners shall commence upon
qualification. Each appointing authority shall designate one
appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one
appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within 60
days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall

10100SB0730ham002 - 25 - LRB101 04491 RJF 64648 a
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and may appoint commissioners who are members of the General
Assembly as well as commissioners from the general public. A
commissioner who is a member of the General Assembly must
recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject or is a complainant. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in
activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
(c-5) If a commissioner is required to recuse himself or
herself from participating in a matter as provided in
subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make a

10100SB0730ham002 - 26 - LRB101 04491 RJF 64648 a
temporary appointment to fill the vacancy for consideration of
the matter for which the commissioner recused himself or
herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former State employees regarding events
occurring during any period of employment where the State
employee's ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
Legislative Ethics Commission shall have jurisdiction over
complainants and respondents in violation of subsection (d) of
Section 25-90 subsection (e) of Section 25-63. The jurisdiction
of the Commission is limited to matters arising under this Act.
An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the
jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
(e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and

10100SB0730ham002 - 27 - LRB101 04491 RJF 64648 a
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(f-5) No commissioner who is a member of the General
Assembly may be a candidate for statewide office, federal
office, or judicial office. If a commissioner who is a member
of the General Assembly files petitions to be a candidate for a
statewide office, federal office, or judicial office, he or she

10100SB0730ham002 - 28 - LRB101 04491 RJF 64648 a
shall be deemed to have resigned from his or her position as a
commissioner on the date his or her name is certified for the
ballot by the State Board of Elections or local election
authority and his or her position as a commissioner shall be
deemed vacant. Such person may not be reappointed to the
Commission during any time he or she is a candidate for
statewide office, federal office, or judicial office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
(i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5 or
be provided in addition to the annual sexual harassment

10100SB0730ham002 - 29 - LRB101 04491 RJF 64648 a
training required under Section 5-10.5. The Commission may seek
input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
101-221, eff. 8-9-19.)
(5 ILCS 430/25-50)
Sec. 25-50. Investigation reports.
(a) If the Legislative Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that a violation has occurred, then the
Legislative Inspector General shall issue a summary report of
the investigation. The report shall be delivered to the
appropriate ultimate jurisdictional authority, to the head of
each State agency affected by or involved in the investigation,
if appropriate, and the member, if any, that is the subject of
the report. The appropriate ultimate jurisdictional authority
or agency head and the member, if any, that is the subject of
the report shall respond to the summary report within 20 days,
in writing, to the Legislative Inspector General. If the
ultimate jurisdictional authority is the subject of the report,
he or she may only respond to the summary report in his or her
capacity as the subject of the report and shall not respond in
his or her capacity as the ultimate jurisdictional authority.
The response shall include a description of any corrective or
disciplinary action to be imposed. If the appropriate ultimate

10100SB0730ham002 - 30 - LRB101 04491 RJF 64648 a
jurisdictional authority or the member that is the subject of
the report does not respond within 20 days, or within an
extended time as agreed to by the Legislative Inspector
General, the Legislative Inspector General may proceed under
subsection (c) as if a response had been received. A member
receiving and responding to a report under this Section shall
be deemed to be acting in his or her official capacity.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other
information received by the Legislative Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) Recommendations for any corrective or disciplinary
action to be taken in response to any alleged misconduct
described in the report, including, but not limited to,
discharge.
(4) Other information the Legislative Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), the Legislative Inspector General shall
notify the Commission and the Attorney General if the
Legislative Inspector General believes that a complaint should

10100SB0730ham002 - 31 - LRB101 04491 RJF 64648 a
be filed with the Commission. If the Legislative Inspector
General desires to file a complaint with the Commission, the
Legislative Inspector General shall submit the summary report
and supporting documents to the Attorney General. If the
Attorney General concludes that there is insufficient evidence
that a violation has occurred, the Attorney General shall
notify the Legislative Inspector General and the Legislative
Inspector General shall deliver to the Legislative Ethics
Commission a copy of the summary report and response from the
ultimate jurisdictional authority or agency head. If the
Attorney General determines that reasonable cause exists to
believe that a violation has occurred, then the Legislative
Inspector General, represented by the Attorney General, may
file with the Legislative Ethics Commission a complaint. The
complaint shall set forth the alleged violation and the grounds
that exist to support the complaint. Except as provided under
subsection (1.5) of Section 20, the complaint must be filed
with the Commission within 12 months after the Legislative
Inspector General's receipt of the allegation of the violation
or within 18 months after the most recent act of the alleged
violation or of a series of alleged violations, whichever is
later, except where there is reasonable cause to believe that
fraudulent concealment has occurred. To constitute fraudulent
concealment sufficient to toll this limitations period, there
must be an affirmative act or representation calculated to
prevent discovery of the fact that a violation has occurred. If

10100SB0730ham002 - 32 - LRB101 04491 RJF 64648 a
a complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Legislative Inspector General does
not believe that a complaint should be filed, the Legislative
Inspector General shall deliver to the Legislative Ethics
Commission a statement setting forth the basis for the decision
not to file a complaint and a copy of the summary report and
response from the ultimate jurisdictional authority or agency
head. The Inspector General may also submit a redacted version
of the summary report and response from the ultimate
jurisdictional authority if the Inspector General believes
either contains information that, in the opinion of the
Inspector General, should be redacted prior to releasing the
report, may interfere with an ongoing investigation, or
identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Legislative Inspector General
provide additional information or conduct further
investigation. The Commission may also refer the summary report
and response from the ultimate jurisdictional authority to the

10100SB0730ham002 - 33 - LRB101 04491 RJF 64648 a
Attorney General for further investigation or review. If the
Commission requests the Attorney General to investigate or
review, the Commission must notify the Attorney General and the
Legislative Inspector General. The Attorney General may not
begin an investigation or review until receipt of notice from
the Commission. If, after review, the Attorney General
determines that reasonable cause exists to believe that a
violation has occurred, then the Attorney General may file a
complaint with the Legislative Ethics Commission. If the
Attorney General concludes that there is insufficient evidence
that a violation has occurred, the Attorney General shall
notify the Legislative Ethics Commission and the appropriate
Legislative Inspector General.
(d) A copy of the complaint filed with the Legislative
Ethics Commission must be served on all respondents named in
the complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, at least 30 days after the
complaint is served on all respondents either in person or by
telephone, in a closed session to review the sufficiency of the
complaint. The Commission shall issue notice by certified mail,
return receipt requested, to the Legislative Inspector

10100SB0730ham002 - 34 - LRB101 04491 RJF 64648 a
General, the Attorney General, and all respondents of the
Commission's ruling on the sufficiency of the complaint. If the
complaint is deemed to sufficiently allege a violation of this
Act, then the Commission shall include a hearing date scheduled
within 4 weeks after the date of the notice, unless all of the
parties consent to a later date. If the complaint is deemed not
to sufficiently allege a violation, then the Commission shall
send by certified mail, return receipt requested, a notice to
the Legislative Inspector General, the Attorney General, and
all respondents the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Legislative Ethics Commission, the Commission shall (i)
dismiss the complaint, (ii) issue a recommendation of
discipline to the respondent and the respondent's ultimate
jurisdictional authority, (iii) impose an administrative fine
upon the respondent, (iv) issue injunctive relief as described
in Section 50-10, or (v) impose a combination of items (ii)
through (iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by
the Commission.

10100SB0730ham002 - 35 - LRB101 04491 RJF 64648 a
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Legislative Ethics Commission shall make public
the entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional
authority to the Legislative Ethics Commission.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
revised 9-12-19.)
(5 ILCS 430/25-63)
Sec. 25-63. Rights of persons subjected to discrimination,
harassment, or sexual harassment.
(a) As used in this Section, "complainant" means a known
person identified in a complaint filed with the Legislative
Inspector General as a person subjected to alleged
discrimination, harassment, or sexual harassment in violation
of Section 5-65 of this Act or Article 2 of the Illinois Human
Rights Act, regardless of whether the complaint is filed by the
person.
(b) A complainant shall have the following rights:
(1) within 5 business days of the Legislative Inspector

10100SB0730ham002 - 36 - LRB101 04491 RJF 64648 a
General receiving a complaint in which the complainant is
identified, to be notified by the Legislative Inspector
General of the receipt of the complaint, the complainant's
rights, and an explanation of the process, rules, and
procedures related to the investigation of investigating
an allegation, and the duties of the Legislative Inspector
General and the Legislative Ethics Commission;
(2) within 5 business days after the Legislative
Inspector General's decision to open or close an
investigation into the complaint or refer the complaint to
another appropriate agency, to be notified of the
Legislative Inspector General's decision; however, if the
Legislative Inspector General reasonably determines that
publicly acknowledging the existence of an investigation
would interfere with the conduct or completion of that
investigation, the notification may be withheld until
public acknowledgment of the investigation would no longer
interfere with that investigation;
(3) after an investigation has been opened, to have any
interviews of the complainant audio recorded by the
Legislative Inspector General and to review, in person and
in the presence of the Legislative Inspector General or his
or her designee, any transcript or interview report created
from that audio recorded interview. The complainant may
provide any supplemental statements or evidence throughout
the investigation to review statements and evidence given

10100SB0730ham002 - 37 - LRB101 04491 RJF 64648 a
to the Legislative Inspector General by the complainant and
the Legislative Inspector General's summarization of those
statements and evidence, if such summary exists. The
complainant may make suggestions of changes for the
Legislative Inspector General's consideration, but the
Legislative Inspector General shall have the final
authority to determine what statements, evidence, and
summaries are included in any report of the investigation;
(4) to have a union representative, attorney,
co-worker, or other support person who is not involved in
the investigation, at the complainant's expense, present
at any interview or meeting, whether in person or by
telephone or audio-visual communication, between the
complainant and the Legislative Inspector General or
Legislative Ethics Commission;
(5) to submit a complainant impact statement that shall
be included with the Legislative Inspector General's
summary report to the Legislative Ethics Commission for its
consideration;
(6) to testify at a hearing held under subsection (g)
of Section 25-50, to the extent the hearing is based on an
allegation of a violation of Section 5-65 of this Act
involving the complainant, and have a single union
representative, attorney, co-worker, or other support
person who is not involved in the investigation, at the
complainant's expense, accompany him or her while

10100SB0730ham002 - 38 - LRB101 04491 RJF 64648 a
testifying;
(7) to review, within 5 business days prior to its
release, any portion of a summary report of the
investigation subject to public release under this Article
related to the allegations concerning the complainant,
after redactions made by the Legislative Ethics
Commission, and offer suggestions for redaction or provide
a response that shall be made public with the summary
report; and
(8) to file a complaint with the Legislative Ethics
Commission for any violation of the complainant's rights
under this Section by the Legislative Inspector General.
(c) The complainant shall have the sole discretion in
determining whether or not to exercise the rights set forth in
this Section. All rights under this Section shall be waived if
the complainant fails to cooperate with the Legislative
Inspector General's investigation of the complaint.
(d) The notice requirements imposed on the Legislative
Inspector General by this Section shall be waived if the
Legislative Inspector General is unable to identify or locate
the complainant.
(e) (Blank). A complainant receiving a copy of any summary
report, in whole or in part, under this Section shall keep the
report confidential and shall not disclose the report prior to
the publication of the report by the Legislative Ethics
Commission. A complainant that violates this subsection (e)

10100SB0730ham002 - 39 - LRB101 04491 RJF 64648 a
shall be subject to an administrative fine by the Legislative
Ethics Commission of up to $5,000.
(Source: P.A. 101-221, eff. 8-9-19; revised 9-12-19.)
(5 ILCS 430/25-90)
Sec. 25-90. Confidentiality.
(a) The identity of any individual providing information or
reporting any possible or alleged misconduct to the Legislative
Inspector General or the Legislative Ethics Commission shall be
kept confidential and may not be disclosed without the consent
of that individual, unless the individual consents to
disclosure of his or her name or disclosure of the individual's
identity is otherwise required by law. The confidentiality
granted by this subsection does not preclude the disclosure of
the identity of a person in any capacity other than as the
source of an allegation.
(b) Subject to the provisions of Section 25-50(c),
commissioners, employees, and agents of the Legislative Ethics
Commission, the Legislative Inspector General, and employees
and agents of the Office of the Legislative Inspector General
shall keep confidential and shall not disclose information
exempted from disclosure under the Freedom of Information Act
or by this Act.
(c) In his or her discretion, the Legislative Inspector
General may notify complainants and subjects of an
investigation with an update on the status of the respective

10100SB0730ham002 - 40 - LRB101 04491 RJF 64648 a
investigation, including when the investigation is opened and
closed.
(d) A complainant, as defined in subsection (a) of Section
25-63, or a respondent who receives a copy of any summary
report, in whole or in part, shall keep the report confidential
and shall not disclose the report, or any portion thereof,
prior to the publication of the summary report by the
Legislative Ethics Commission pursuant to this Act. A
complainant or respondent who violates this subsection (d)
shall be in violation of this Act and subject to an
administrative fine by the Legislative Ethics Commission of up
to $5,000.
(Source: P.A. 100-588, eff. 6-8-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.".