Bill Text: IL SB0628 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Modifies requirements concerning the Legislative Ethics Commission and Commissioners thereof. Modifies requirements concerning the jurisdiction of the Legislative Inspector General. Modifies the duties of the Legislative Ethics Commission. Removes a provision requiring the Legislative Inspector General to obtain advance approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0628 Detail]

Download: Illinois-2021-SB0628-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0628 Introduced 2/24/2021, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
5 ILCS 430/25-10
5 ILCS 430/25-15
5 ILCS 430/25-20
Amends the State Officials and Employees Ethics Act. Modifies requirements concerning the Legislative Ethics Commission and Commissioners thereof. Modifies requirements concerning the jurisdiction of the Legislative Inspector General. Modifies the duties of the Legislative Ethics Commission. Removes a provision requiring the Legislative Inspector General to obtain advance approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.
LRB102 13769 RJF 19119 b
A BILL FOR
SB0628 LRB102 13769 RJF 19119 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The State Officials and Employees Ethics Act
is amended by changing Sections 25-5, 25-10, 25-15, and 25-20
as follows:
(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.

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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
from the general public who have experience holding
governmental office or employment. 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 10 years, engaged in
activities that require registration under the Lobbyist
Registration Act; (iii) is related to the appointing
authority; (iv) is or has been within the preceding 10 years a
State officer, a State employee, or an employee or member of
the General Assembly; or (v) holds a partisan elected or
political party office, or is otherwise an officer or employee
of a political committee or political campaign. 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

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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 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

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(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. The jurisdiction of the Commission is limited
to matters arising under this Act or the Illinois Governmental
Ethics 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
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

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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, political
committee, or political campaign; 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 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

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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
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; 101-617, eff. 12-20-19.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.

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(a) The independent Office of the Legislative Inspector
General is created. The Office shall be under the direction
and supervision of the Legislative Inspector General and shall
be a fully independent office with its own appropriation.
(b) The Legislative Inspector General shall be appointed
without regard to political affiliation and solely on the
basis of integrity and demonstrated ability. The Legislative
Ethics Commission shall diligently search out qualified
candidates for Legislative Inspector General and shall make
recommendations to the General Assembly. The Legislative
Inspector General may serve in a full-time, part-time, or
contractual capacity.
The Legislative Inspector General shall be appointed by a
joint resolution of the Senate and the House of
Representatives, which may specify the date on which the
appointment takes effect. A joint resolution, or other
document as may be specified by the Joint Rules of the General
Assembly, appointing the Legislative Inspector General must be
certified by the Speaker of the House of Representatives and
the President of the Senate as having been adopted by the
affirmative vote of three-fifths of the members elected to
each house, respectively, and be filed with the Secretary of
State. The appointment of the Legislative Inspector General
takes effect on the day the appointment is completed by the
General Assembly, unless the appointment specifies a later
date on which it is to become effective.

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The Legislative Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The Legislative Inspector General may not be a relative of
a commissioner.
The term of the initial Legislative Inspector General
shall commence upon qualification and shall run through June
30, 2008.
After the initial term, the Legislative Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Legislative Inspector General may be
reappointed to one or more subsequent terms. Terms shall run
regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term

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shall be filled in the same manner as an appointment only for
the balance of the term of the Legislative Inspector General
whose office is vacant. Within 7 days of the Office becoming
vacant or receipt of a Legislative Inspector General's
prospective resignation, the vacancy shall be publicly posted
on the Commission's website, along with a description of the
requirements for the position and where applicants may apply.
Within 45 days of the vacancy, the Commission shall
designate an Acting Legislative Inspector General who shall
serve until the vacancy is filled. The Commission shall file
the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the
Legislative Inspector General or within 30 days of the
occurrence of a vacancy in the Office of the Legislative
Inspector General, the Legislative Ethics Commission shall
establish a four-member search committee within the Commission
for the purpose of conducting a search for qualified
candidates to serve as Legislative Inspector General. The
Speaker of the House of Representatives, Minority Leader of
the House, Senate President, and Minority Leader of the Senate
shall each appoint one member to the search committee. A
member of the search committee shall be either a retired judge
or former prosecutor and may not be a member or employee of the
General Assembly or a registered lobbyist. If the Legislative
Ethics Commission wishes to recommend that the Legislative
Inspector General be re-appointed, a search committee does not

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need to be appointed.
The search committee shall conduct a search for qualified
candidates, accept applications, and conduct interviews. The
search committee shall recommend up to 3 candidates for
Legislative Inspector General to the Legislative Ethics
Commission. The search committee shall be disbanded upon an
appointment of the Legislative Inspector General. Members of
the search committee are not entitled to compensation but
shall be entitled to reimbursement of reasonable expenses
incurred in connection with the performance of their duties.
Within 30 days after June 8, 2018 (the effective date of
Public Act 100-588) this amendatory Act of the 100th General
Assembly, the Legislative Ethics Commission shall create a
search committee in the manner provided for in this subsection
to recommend up to 3 candidates for Legislative Inspector
General to the Legislative Ethics Commission by October 31,
2018.
If a vacancy exists and the Commission has not appointed
an Acting Legislative Inspector General, either the staff of
the Office of the Legislative Inspector General, or if there
is no staff, the Executive Director, shall advise the
Commission of all open investigations and any new allegations
or complaints received in the Office of the Inspector General.
These reports shall not include the name of any person
identified in the allegation or complaint, including, but not
limited to, the subject of and the person filing the

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allegation or complaint. Notification shall be made to the
Commission on a weekly basis unless the Commission approves of
a different reporting schedule.
If the Office of the Inspector General is vacant for 6
months or more beginning on or after January 1, 2019, and the
Legislative Ethics Commission has not appointed an Acting
Legislative Inspector General, all complaints made to the
Legislative Inspector General or the Legislative Ethics
Commission shall be directed to the Inspector General for the
Auditor General, and he or she shall have the authority to act
as provided in subsection (c) of this Section and Section
25-20 of this Act, and shall be subject to all laws and rules
governing a Legislative Inspector General or Acting
Legislative Inspector General. The authority for the Inspector
General of the Auditor General under this paragraph shall
terminate upon appointment of a Legislative Inspector General
or an Acting Legislative Inspector General.
(c) The Legislative Inspector General shall have
jurisdiction over the 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.

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The jurisdiction of each Legislative Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance, or
malfeasance related to government service or employment, or
violations of this Act or violations of other related laws and
rules regarding events that are related to a person's
government service or employment.
The Legislative Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
25-63 of this Act.
(d) The compensation of the Legislative Inspector General
shall be the greater of an amount (i) determined (i) by the
Commission or (ii) by joint resolution of the General Assembly
passed by a majority of members elected in each chamber.
Subject to Section 25-45 of this Act, the Legislative
Inspector General has full authority to organize the Office of
the Legislative Inspector General, including the employment
and determination of the compensation of staff, such as
deputies, assistants, and other employees, as appropriations
permit. Employment of staff is subject to the approval of at
least 3 of the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General 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

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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) actively participate in any campaign for any
elective office.
A full-time Legislative Inspector General shall not engage
in the practice of law or any other business, employment, or
vocation.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector
General only for cause. At the time of the removal, the
Commission must report to the General Assembly the

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justification for the removal.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
revised 9-12-19.)
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission.
In addition to duties otherwise assigned by law, the
Legislative 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 Legislative Inspector General;
except that, the Legislative Ethics Commission shall adopt
no rule requiring the Legislative Inspector General to
seek the Commission's advance approval before commencing
any investigation authorized under this Article or issuing
a subpoena under this Article. Any existing rule, as of
the effective date of this amendatory Act of the 102nd
General Assembly, requiring the Legislative Inspector
General to seek the Commission's advance approval before
commencing any investigation or issuing a subpoena is
void. The rules shall be available on the Commission's
website and any proposed changes to the rules must be made
available to the public on the Commission's website no
less than 7 days before the adoption of the changes. Any
person shall be given an opportunity to provide written or
oral testimony before the Commission in support of or

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opposition to proposed rules.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the
receipt of pleadings filed by the Legislative Inspector
General and not upon its own prerogative, but may appoint
special Legislative Inspectors General as provided in
Section 25-21. Any other allegations of misconduct
received by the Commission from a person other than the
Legislative Inspector General shall be referred to the
Office of the Legislative 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.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this

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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 Legislative Inspectors General
as provided in Section 25-21.
(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 conspicuously display on the Commission's
website any vacancies within the Office of the Legislative
Inspector General.
(11) To appoint an Acting Legislative Inspector
General in the event of a vacancy in the Office of the
Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
(5 ILCS 430/25-20)
Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. Except as otherwise provided in
paragraph (1.5), an investigation may not be initiated
more than one year after the most recent act of the alleged

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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 has occurred. The Legislative Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.
(1.5) Notwithstanding any provision of law to the
contrary, the Legislative Inspector General, whether
appointed by the Legislative Ethics Commission or the
General Assembly, may initiate an investigation based on
information provided to the Office of the Legislative
Inspector General or the Legislative Ethics Commission
during the period from December 1, 2014 through November
3, 2017. Any investigation initiated under this paragraph
(1.5) must be initiated within one year after the
effective date of this amendatory Act of the 100th General
Assembly.
Notwithstanding any provision of law to the contrary,
the Legislative Inspector General, through the Attorney
General, shall have the authority to file a complaint
related to any founded violations that occurred during the
period December 1, 2014 through November 3, 2017 to the
Legislative Ethics Commission, and the Commission shall

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have jurisdiction to conduct administrative hearings
related to any pleadings filed by the Legislative
Inspector General, provided the complaint is filed with
the Commission no later than 6 months after the summary
report is provided to the Attorney General in accordance
with subsection (c) of Section 25-50.
(2) To request information relating to an
investigation from any person when the Legislative
Inspector General deems that information necessary in
conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, to compel the attendance of 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 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative 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 Legislative
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,

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multi-jurisdictional investigations.
(8) To request, as the Legislative 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 establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations 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.
(10) To post information to the Legislative Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the
Legislative Inspector General's ability to provide
information to them and a general overview of the
investigation process.
(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.