Bill Text: IL SB3159 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides that a commissioner of the Legislative Ethics Commission 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, is a witness, or is a complainant (currently, is only the subject of). Requires a temporary vacancy and appointment if a commissioner who is a member of the General Assembly is required to recuse himself or herself from participating in a matter. Provides that the jurisdiction of the Commission is limited to matters arising under the Act and the Illinois Governmental Ethics Act (currently, only arising under the Act). Requires the Commission to designate an Acting Legislative Inspector General for a vacant Legislative Inspector General Office no later than the 30th day after the occurrence of the vacancy. Provides that if an ultimate jurisdictional authority fails to respond to an investigation summary report within 20 days, on the 21st day, the Legislative Inspector General may proceed under the Act as if a response had been received. Provides that if an ultimate jurisdictional authority is the subject of an investigation summary report, the Legislative Inspector General shall submit the summary report and supporting documents to the Attorney General. Provides that any complaint based on an investigation of 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 must be filed with the Commission no later than May 17, 2019.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3159 Detail]

Download: Illinois-2017-SB3159-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3159 Introduced 2/15/2018, by Sen. Karen McConnaughay - Michael Connelly SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
5 ILCS 430/25-10
5 ILCS 430/25-50
Amends the State Officials and Employees Ethics Act. Provides that a commissioner of the Legislative Ethics Commission 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, is a witness, or is a complainant (currently, is only the subject of). Requires a temporary vacancy and appointment if a commissioner who is a member of the General Assembly is required to recuse himself or herself from participating in a matter. Provides that the jurisdiction of the Commission is limited to matters arising under the Act and the Illinois Governmental Ethics Act (currently, only arising under the Act). Requires the Commission to designate an Acting Legislative Inspector General for a vacant Legislative Inspector General Office no later than the 30th day after the occurrence of the vacancy. Provides that if an ultimate jurisdictional authority fails to respond to an investigation summary report within 20 days, on the 21st day, the Legislative Inspector General may proceed under the Act as if a response had been received. Provides that if an ultimate jurisdictional authority is the subject of an investigation summary report, the Legislative Inspector General shall submit the summary report and supporting documents to the Attorney General. Provides that any complaint based on an investigation of 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 must be filed with the Commission no later than May 17, 2019.
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A BILL FOR
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AN ACT concerning 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 25-5, 25-10, and 25-50 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.
Commissioners may be reappointed to one or more subsequent

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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 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, is a witness, 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, or (iv) is a State officer or employee
other than a member of the General Assembly.
(c-5) If a commissioner who is a member of the General
Assembly is required to recuse himself or herself from
participating in a matter as provided under subsection (c),
that recusal shall create a temporary vacancy for the limited
purpose of consideration of the matter for which the

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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. The
person who is temporarily appointed must not have a conflict
with regard to the matter.
(d) The Legislative Ethics Commission shall have
jurisdiction over members of the General Assembly and all State
employees whose ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
jurisdiction of the Commission is limited to matters arising
under this Act and 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

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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.
(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

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employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.
(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 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

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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.
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 (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

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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.
A vacancy occurring other than at the end of a term 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. If the Office is vacant, or if a Legislative
Inspector General resigns, the Commission shall, no later than
the 30th day after the occurrence of the vacancy, 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.
Terms shall run regardless of whether the position is
filled.
(c) The Legislative Inspector General shall have
jurisdiction over the members of the General Assembly and all
State employees whose ultimate jurisdictional authority is (i)
a legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services.
The jurisdiction of each Legislative Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act or violations of other
related laws and rules.
(d) The compensation of the Legislative Inspector General
shall be the greater of an amount (i) determined by the

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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
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.
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

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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
justification for the removal.
(Source: P.A. 98-631, eff. 5-29-14.)
(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 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 Legislative

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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, on the 21st day, the Legislative 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 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
be filed with the Commission. If the Legislative Inspector

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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
ultimate jurisdictional authority is the subject of the summary
report, 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 (c-3), the The complaint must be
filed with the Commission within 18 months 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

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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-3) Notwithstanding any provision of law to the contrary,
any complaint based on an investigation of 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 must be filed with the
Commission no later than May 17, 2019.
(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.

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(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
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

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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
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

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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 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. 96-555, eff. 8-18-09.)