Bill Text: IL HB5564 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Legislative Audit Commission Act. Provides that, if the Legislative Audit Commission, in its discretion, believes that investigative authority over a matter should be referred to the Executive Ethics Commission to investigate a State agency or executive office, it shall be referred by a majority vote by the Commission. Provides that the Auditor General may provide advice to the Commission on transferring investigative authority to the Executive Ethics Commission. Amends the Illinois State Auditing Act and the State Officials and Employees Ethics Act to make conforming changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-02-13 - Referred to Rules Committee [HB5564 Detail]

Download: Illinois-2025-HB5564-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5564 Introduced , by Rep. Kyle Moore SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-5
5 ILCS 430/20-15
5 ILCS 430/20-20
5 ILCS 430/20-45
5 ILCS 430/20-50
5 ILCS 430/20-51
5 ILCS 430/20-55
5 ILCS 430/20-63
5 ILCS 430/20-65
5 ILCS 430/20-70
5 ILCS 430/20-80
5 ILCS 430/20-85
5 ILCS 430/20-95
25 ILCS 150/3 from Ch. 63, par. 106
30 ILCS 5/2-28 new
Amends the Legislative Audit Commission Act. Provides that, if the Legislative Audit Commission, in its discretion, believes that investigative authority over a matter should be referred to the Executive Ethics Commission to investigate a State agency or executive office, it shall be referred by a majority vote by the Commission. Provides that the Auditor General may provide advice to the Commission on transferring investigative authority to the Executive Ethics Commission. Amends the Illinois State Auditing Act and the State Officials and Employees Ethics Act to make conforming changes.
LRB104 19801 SPS 33251 b
A BILL FOR
HB5564 LRB104 19801 SPS 33251 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Sections 20-5, 20-15, 20-20, 20-45, 20-50,
20-51, 20-55, 20-63, 20-65, 20-70, 20-80, 20-85, and 20-95 as
follows:
(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

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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
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

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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 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 and all board members and employees of Regional
Development Authorities. 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.

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(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
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

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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
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.
(d-8) The Executive Ethics Commission shall have
investigative authority over an investigation referred to the
Executive Ethics Commission by the Legislative Audit
Commission.
(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

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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.
(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

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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
by the Commission.
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/20-15)
Sec. 20-15. Duties of the Executive Ethics Commission. In
addition to duties otherwise assigned by law, the Executive
Ethics Commission shall have the following duties:
(1) To promulgate rules governing the performance of
its duties and the exercise of its powers and governing
the investigations of the Executive Inspectors General. It
is declared to be in the public interest, safety, and
welfare that the Commission adopt emergency rules under
the Illinois Administrative Procedure Act to initially
perform its duties under this subsection.

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(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the
receipt of pleadings filed by an Executive Inspector
General, or upon receipt of summaries of reviews submitted
by the Inspector General for the Secretary of State under
subsection (d-5) of Section 14 of the Secretary of State
Act, and not upon its own prerogative, but may appoint
special Executive Inspectors General as provided in
Section 20-21. Any other allegations of misconduct
received by the Commission from a person other than an
Executive Inspector General shall be referred to the
Office of the appropriate Executive Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters
clearly within the purview of this Act, and include

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authority over allegations that an individual required to
be registered under the Lobbyist Registration Act has
committed an act of sexual harassment, as set forth in any
summaries of reviews of such allegations submitted to the
Commission by the Inspector General for the Secretary of
State.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and
the production of documents and other items for inspection
and copying.
(8) To appoint special Executive Inspectors General as
provided in Section 20-21.
(9) To conspicuously display on the Commission's
website the procedures for reporting a violation of this
Act, including how to report violations via email or
online.
(10) To review any investigation referred to the
Executive Ethics Commission by the Legislative Audit
Commission and to rule if the investigation should be
brought before the Executive Inspector General to
investigate any further and to rule if any action or
recommendation should be taken.
(Source: P.A. 100-554, eff. 11-16-17.)

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(5 ILCS 430/20-20)
Sec. 20-20. Duties of the Executive Inspectors General. In
addition to duties otherwise assigned by law, each Executive
Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. To investigate any agency or
executive office under the order of the Executive Ethics
Commission concerning an investigation referred to the
Executive Ethics Commission by the Legislative Audit
Commission. An investigation may not be initiated more
than one year after the most recent act of the alleged
violation or of a series of alleged violations 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 or other wrongful act has occurred. The
Executive Inspector General shall have the discretion to
determine the appropriate means of investigation as
permitted by law.
(2) To request information relating to an
investigation from any person when the Executive Inspector
General deems that information necessary in conducting an
investigation.
(3) To issue subpoenas to compel the attendance of

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witnesses for the purposes of testimony and production of
documents and other items for inspection and copying and
to make service of those subpoenas and subpoenas issued
under item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive
Inspector General with the Executive Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Executive Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training
program and (ii) the percentage of new officers and
employees who have completed ethics training.
(9) To review hiring and employment files of each
State agency within the Executive Inspector General's
jurisdiction to ensure compliance with Rutan v. Republican
Party of Illinois, 497 U.S. 62 (1990), and with all
applicable employment laws.

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(10) To establish a policy that ensures the
appropriate handling and correct recording of all
investigations conducted by the Office, and to ensure that
the policy is accessible via the Internet in order that
those seeking to report those allegations are familiar
with the process and that the subjects of those
allegations are treated fairly.
(11) To post information to the Executive Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the Executive
Inspector General's ability to provide information to them
and a general overview of the investigation process.
(Source: P.A. 102-664, eff. 1-1-22.)
(5 ILCS 430/20-45)
Sec. 20-45. Standing; representation.
(a) With the exception of a person appealing an Inspector
General's determination under Section 5-45 of this Act or
under applicable provisions of the Illinois Procurement Code,
only an Executive Inspector General or the Attorney General
may bring actions before the Executive Ethics Commission. The
Attorney General may bring actions before the Executive Ethics
Commission upon receipt of notice pursuant to Section 5-50 or
Section 5-51 or pursuant to Section 5-45.
(b) With the exception of Section 5-45, the Attorney
General shall represent an Executive Inspector General in all

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proceedings before the Commission. Whenever the Attorney
General is sick or absent, or unable to attend, or is
interested in any matter or proceeding under this Act, upon
the filing of a petition under seal by any person with
standing, the Supreme Court (or any other court of competent
jurisdiction as designated and determined by rule of the
Supreme Court) may appoint some competent attorney to
prosecute or defend that matter or proceeding, and the
attorney so appointed shall have the same power and authority
in relation to that matter or proceeding as the Attorney
General would have had if present and attending to the same.
(c) Attorneys representing an Inspector General in
proceedings before the Executive Ethics Commission, except an
attorney appointed under subsection (b), shall be appointed or
retained by the Attorney General, shall be under the
supervision, direction, and control of the Attorney General,
and shall serve at the pleasure of the Attorney General. The
compensation of any attorneys appointed or retained in
accordance with this subsection or subsection (b) shall be
paid by the appropriate Office of the Executive Inspector
General.
(d) The Executive Ethics Commission shall notify the
Legislative Audit Commission if an action originated from an
investigation referred to the Executive Ethics Commission by
the Legislative Audit Commission.
(Source: P.A. 96-555, eff. 8-18-09.)

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(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, including the
Legislative Audit Commission if an investigation is referred
to the Executive Ethics Commission by the Legislative Audit
Commission, 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

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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 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

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believe that a violation has occurred, then the Executive
Inspector General, 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

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decision not to file a complaint and a copy of the summary
report and response from the ultimate jurisdictional authority
or agency 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

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that a violation has occurred, the Attorney General shall
notify the Executive Ethics Commission and the appropriate
Executive Inspector 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

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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
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

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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;
101-617, eff. 12-20-19.)
(5 ILCS 430/20-51)
Sec. 20-51. Closed investigations. When the Inspector
General concludes that there is insufficient evidence that a
violation has occurred, the Inspector General shall close the
investigation. The Inspector General shall provide the
Commission with a written statement of the Inspector General's
decision to close the investigation. The Commission shall
notify the Legislative Audit Commission of the Inspector
General's decision if the investigation was referred to the
Commission by the Legislative Audit Commission. At the request
of the subject of the investigation, the Inspector General
shall provide a written statement to the subject of the
investigation of the Inspector General's decision to close the
investigation. Closure by the Inspector General does not bar
the Inspector General from resuming the investigation if
circumstances warrant. The Commission also has the discretion
to request that the Executive Inspector General conduct
further investigation of any matter closed pursuant to this
Section, to appoint a Special Executive Inspector General to
investigate, or to refer the allegations to the Attorney
General for further investigation or review. If the Commission

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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.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-55)
Sec. 20-55. Decisions; recommendations.
(a) All decisions of the Executive Ethics Commission must
include a description of the alleged misconduct, the decision
of the Commission, including any fines levied and any
recommendation of discipline, and the reasoning for that
decision, including if it was referred to the Executive Ethics
Commission by the Legislative Audit Commission. All decisions
of the Commission shall be delivered to the head of the
appropriate State agency, the appropriate ultimate
jurisdictional authority, and the appropriate Executive
Inspector General. The Executive Ethics Commission shall
promulgate rules for the decision and recommendation process.
(b) If the Executive Ethics Commission issues a
recommendation of discipline to an agency head or ultimate
jurisdictional authority, that agency head or ultimate
jurisdictional authority must respond to that recommendation
in 30 days with a written response to the Executive Ethics
Commission. This response must include any disciplinary action
the agency head or ultimate jurisdictional authority has taken

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with respect to the officer or employee in question. This
response shall include if it originates from an investigation
that was referred to the Executive Ethics Commission by the
Legislative Audit Commission. If the agency head or ultimate
jurisdictional authority did not take any disciplinary action,
or took a different disciplinary action than that recommended
by the Executive Ethics Commission, the agency head or
ultimate jurisdictional authority must describe the different
action and explain the reasons for the different action in the
written response. This response must be served upon the
Executive Ethics Commission and the appropriate Executive
Inspector General within the 30-day period and is not exempt
from the provisions of the Freedom of Information Act.
(c) Disciplinary action under this Act against a person
subject to the Personnel Code, the Secretary of State Merit
Employment Code, the Comptroller Merit Employment Code, or the
State Treasurer Employment Code is within the jurisdiction of
the Executive Ethics Commission and is not within the
jurisdiction of those Acts.
(d) Any hearing to contest disciplinary action for a
violation of this Act against a person subject to the
Personnel Code, the Secretary of State Merit Employment Code,
the Comptroller Merit Employment Code, or the State Treasurer
Employment Code pursuant to an agreement between an Executive
Inspector General and an ultimate jurisdictional authority
shall be conducted by the Executive Ethics Commission and not

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under any of those Acts.
(Source: P.A. 96-555, eff. 8-18-09.)
(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,
including if the allegation was referred to the Executive
Ethics Commission by the Legislative Audit Commission, and
the duties of the Executive Inspector General and the
Executive Ethics Commission;
(2) within 5 business days after the Executive

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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 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;
(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 Executive Inspector General or
Executive Ethics Commission;
(5) to submit an impact statement that shall be

HB5564 - 25 - LRB104 19801 SPS 33251 b
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.
(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

HB5564 - 26 - LRB104 19801 SPS 33251 b
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).
(Source: P.A. 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
(5 ILCS 430/20-65)
Sec. 20-65. Reporting of investigations.
(a) Each Executive Inspector General shall file a
quarterly activity report with the Executive Ethics Commission
that reflects investigative activity during the previous
quarter. The Executive Ethics Commission shall establish the
reporting dates. The activity report shall include at least
the following:
(1) The number of investigations opened during the
preceding quarter, the affected offices or agencies, and
the unique tracking numbers for new investigations.
(2) The number of investigations closed during the
preceding quarter, the affected offices or agencies, and
the unique tracking numbers for closed investigations.
(3) The status of each on-going investigation that
remained open at the end of the quarter, the affected
office, agency or agencies, the investigation's unique
tracking number, and a brief statement of the general
nature of the investigation.

HB5564 - 27 - LRB104 19801 SPS 33251 b
4. The number of investigations referred to the
Executive Ethics Commission by the Legislative Audit
Commission.
(b) If any investigation is not concluded within 6 months
after its initiation, the appropriate Executive Inspector
General shall file a 6-month report with the Executive Ethics
Commission by the fifteenth day of the month following it
being open for 6 months. The 6-month report shall disclose:
(1) The general nature of the allegation or
information giving rise to the investigation, the title or
job duties of the subjects of the investigation, and the
investigation's unique tracking number, and if the
investigation was referred to the Executive Ethics
Commission by the Legislative Audit Commission.
(2) The date of the last alleged violation of this Act
or other State law giving rise to the investigation.
(3) Whether the Executive Inspector General has found
credible the allegations of criminal conduct.
(4) Whether the allegation has been referred to an
appropriate law enforcement agency and the identity of the
law enforcement agency to which those allegations were
referred.
(5) If an allegation has not been referred to an
appropriate law enforcement agency, the reasons for the
failure to complete the investigation within 6 months, a
summary of the investigative steps taken, additional

HB5564 - 28 - LRB104 19801 SPS 33251 b
investigative steps contemplated at the time of the
report, and an estimate of additional time necessary to
complete the investigation.
(6) Any other information deemed necessary by the
Executive Ethics Commission in determining whether to
appoint a Special Inspector General.
(c) If an Executive Inspector General has referred an
allegation to an appropriate law enforcement agency and
continues to investigate the matter, the future reporting
requirements of this Section are suspended.
(d) Reports filed under this Section are exempt from the
Freedom of Information Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-70)
Sec. 20-70. Cooperation in investigations. It is the duty
of every officer and employee under the jurisdiction of an
Executive Inspector General, including any inspector general
serving in any State agency under the jurisdiction of that
Executive Inspector General, to cooperate with the Executive
Inspector General , and the Attorney General, and the
Legislative Audit Commission in any investigation undertaken
pursuant to this Act. Failure to cooperate includes, but is
not limited to, intentional omissions and knowing false
statements. Failure to cooperate with an investigation of the
Executive Inspector General or the Attorney General is grounds

HB5564 - 29 - LRB104 19801 SPS 33251 b
for disciplinary action, including dismissal. Nothing in this
Section limits or alters a person's existing rights or
protections under State or federal law.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-80)
Sec. 20-80. Referrals of investigations. If an Executive
Inspector General determines that any alleged misconduct
involves any person not subject to the jurisdiction of the
Executive Ethics Commission, that Executive Inspector General
shall refer the reported allegations to the Legislative Audit
Commission if given authority to investigate, the appropriate
Inspector General, appropriate ethics commission, or other
appropriate body. If an Executive Inspector General determines
that any alleged misconduct may give rise to criminal
penalties, the Executive Inspector General may refer the
allegations regarding that misconduct to the appropriate law
enforcement authority. If an Executive Inspector General
determines that any alleged misconduct resulted in the loss of
public funds in an amount of $5,000 or greater, the Executive
Inspector General shall refer the allegations regarding that
misconduct to the Attorney General and any other appropriate
law enforcement authority.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-85)

HB5564 - 30 - LRB104 19801 SPS 33251 b
Sec. 20-85. Monthly reports by Executive Inspector
General. Each Executive Inspector General shall submit
monthly reports to the appropriate executive branch
constitutional officer, on dates determined by the executive
branch constitutional officer, indicating:
(1) the total number of allegations received since the
date of the last report and the total number of
allegations received since the date of the last report by
category of claim;
(2) the total number of investigations initiated since
the date of the last report and the total number of
investigations initiated since the date of the last report
by category of claim;
(3) the total number of investigations concluded since
the date of the last report and the total number of
investigations concluded since the date of the last report
by category of claim;
(4) the total number of investigations pending as of
the reporting date and the total number of investigations
pending as of the reporting date by category of claim;
(5) the total number of complaints forwarded to the
Attorney General since the date of the last report;
(6) the total number of actions filed with the
Executive Ethics Commission since the date of the last
report, the total number of actions pending before the
Executive Ethics Commission as of the reporting date, the

HB5564 - 31 - LRB104 19801 SPS 33251 b
total number of actions filed with the Executive Ethics
Commission since the date of the last report by category
of claim, and the total number of actions pending before
the Executive Ethics Commission as of the reporting date
by category of claim;
(7) the total number of allegations referred to any
law enforcement agency since the date of the last report;
(8) the total number of allegations referred to
another investigatory body since the date of the last
report; and
(9) the cumulative number of each of the foregoing for
the current calendar year; and .
(10) the total number of complaints referred to the
Executive Ethics Commission by the Legislative Audit
Commission.
For the purposes of this Section, "category of claim"
shall include discrimination claims, harassment claims, sexual
harassment claims, retaliation claims, gift ban claims,
prohibited political activity claims, revolving door
prohibition claims, and other, miscellaneous, or
uncharacterized claims.
The monthly report shall be available on the websites of
the Executive Inspector General and the constitutional
officer.
(Source: P.A. 100-588, eff. 6-8-18.)

HB5564 - 32 - LRB104 19801 SPS 33251 b
(5 ILCS 430/20-95)
Sec. 20-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of
the Freedom of Information Act.
(b) Any allegations and related documents submitted to an
Executive Inspector General, and any pleadings and related
documents brought before the Executive Ethics Commission, and
any investigative authority over an investigation referred to
the Executive Ethics Commission by the Legislative Audit
Commission are exempt from the provisions of the Freedom of
Information Act so long as the Executive Ethics Commission
does not make a finding of a violation of this Act. If the
Executive Ethics Commission finds that a violation has
occurred, the entire record of proceedings before the
Commission, the decision and recommendation, and the response
from the agency head or ultimate jurisdictional authority to
the Executive Ethics Commission are not exempt from the
provisions of the Freedom of Information Act but information
contained therein that is otherwise exempt from the Freedom of
Information Act must be redacted before disclosure as provided
in the Freedom of Information Act. A summary report released
by the Executive Ethics Commission under Section 20-52 is a
public record, but information redacted by the Executive
Ethics Commission shall not be part of the public record.
(c) Meetings of the Commission are exempt from the

HB5564 - 33 - LRB104 19801 SPS 33251 b
provisions of the Open Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of an Executive
Inspector General, other than monthly reports required under
Section 20-85, are confidential and privileged, are exempt
from disclosure under the Freedom of Information Act, and
shall not be divulged to any person or agency, except as
necessary (i) to a law enforcement authority, (ii) to the
ultimate jurisdictional authority, (iii) to the Executive
Ethics Commission, (iv) to another Inspector General appointed
pursuant to this Act, or (v) to an Inspector General appointed
or employed by a Regional Transit Board in accordance with
Section 75-10.
(Source: P.A. 102-664, eff. 1-1-22.)
Section 10. The Legislative Audit Commission Act is
amended by changing Section 3 as follows:
(25 ILCS 150/3) (from Ch. 63, par. 106)
Sec. 3. The Commission shall receive the reports of the
Auditor General and other financial statements and shall
determine what remedial measures, if any, are needed, and
whether special studies and investigations are necessary. If
the Commission shall deem such studies and investigations to
be necessary, the Commission may direct the Auditor General to
undertake such studies or investigations. If the Commission,

HB5564 - 34 - LRB104 19801 SPS 33251 b
in its discretion, believes that investigative authority over
a matter should be referred to the Executive Ethics Commission
to investigate a State agency or executive office, it shall be
referred by a majority vote by the Commission. The Auditor
General may provide advice to the Commission on transferring
investigative authority to the Executive Ethics Commission.
When a disagreement between the Audit Commission and an
agency under the Governor's jurisdiction arises in the process
of the Audit Commission's review of audit reports relating to
such agency, the Audit Commission shall promptly advise the
Governor of such areas of disagreement. The Governor shall
respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his views
concerning such areas of disagreement and indicating the
corrective action taken by his office with reference thereto
or, if no action is taken, indicating the reasons therefor.
The Audit Commission also promptly shall advise all other
responsible officials of the Executive, Judicial, and
Legislative branches of the State government of areas of
disagreement arising in the process of the Commission's review
of their respective audit reports. With reference to his
particular office, each such responsible official shall
respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his view
concerning such areas of disagreement and indicating the
corrective action taken with reference thereto or stating the

HB5564 - 35 - LRB104 19801 SPS 33251 b
reasons that no action has been taken.
The Commission shall report its activities to the General
Assembly including such remedial measures as it deems to be
necessary. The report of the Commission shall be made to the
General Assembly not less often than annually and not later
than March 1 in each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
In addition, the Commission has the powers and duties
provided for in the Illinois State Auditing Act, and, if the
provisions of that Act conflict with those of this Act, that
Act prevails.
(Source: P.A. 103-154, eff. 6-30-23.)
Section 15. The Illinois State Auditing Act is amended by
adding Section 2-28 as follows:
(30 ILCS 5/2-28 new)
Sec. 2-28. Investigative disclosure. The Auditor General
shall advise the Legislative Audit Commission if the Auditor
General believes that the investigative authority over a
matter should be referred to the Office of Executive Inspector

HB5564 - 36 - LRB104 19801 SPS 33251 b
General. The Auditor General shall provide all information
necessary to facilitate the investigation to the Executive
Ethics Commission.