Bill Text: IL HB2892 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-03-23 - Added Co-Sponsor Rep. Lindsey LaPointe [HB2892 Detail]

Download: Illinois-2023-HB2892-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2892 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
5 ILCS 430/25-20
5 ILCS 430/25-52
Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes.
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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, 25-20, and 25-52 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.
A vacancy shall occur upon a commissioner's death,
resignation, removal, disqualification, termination of
legislative service in the house or caucus of the appointing
authority, or other inability to act. 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, and each appointing authority shall appoint at least
one commissioner as well as commissioners from the general
public. A commissioner who is a member of the General Assembly
must recuse himself or herself from participating in any
matter relating to any investigation or proceeding in which he
or she is the subject or is a complainant. A person is not
eligible to serve as a commissioner if that person (i) has been
convicted of a felony or a crime of dishonesty or moral
turpitude, (ii) is, or was within the preceding 12 months,
engaged in activities that require registration under the
Lobbyist Registration Act, (iii) is a relative of the
appointing authority, (iv) is a State officer or employee

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other than a member of the General Assembly, or (v) is a
candidate for statewide, federal, 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
(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.
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

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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
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

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(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, federal, or
judicial office. If a commissioner who is a member of the
General Assembly files petitions to be a candidate for a
statewide, federal, 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, federal, or judicial office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
(i) In consultation with the Legislative Inspector

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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. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
(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, without advance
approval of the Legislative Ethics Commission, allegations
of violations of this Act and other wrongful acts within
his or her jurisdiction based on a complaint. Except as
otherwise provided in paragraph (1.5), an investigation
may not be initiated more than one year after the alleged
wrongful act or the most recent act of a series of alleged
wrongful acts based on the same wrongful conduct except if

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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
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. 102-664, eff. 1-1-22.)
(5 ILCS 430/25-52)
Sec. 25-52. Release of summary reports.
(a) Within 60 days after the Legislative Ethics
Commission's receipt of a summary report and response from the
ultimate jurisdictional authority or agency head regarding a

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potential violation of this Act or potential wrongful acts
within the jurisdiction of the Legislative Inspector General
that resulted in a suspension of at least 3 days or termination
of employment, the Legislative Inspector General Ethics
Commission shall make available to the public the report and
response or a redacted version of the report and response. The
Legislative Inspector General Ethics Commission may make
available to the public any other summary report and response
of the ultimate jurisdictional authority or agency head or a
redacted version of the report and response without prior
approval from the Legislative Ethics Commission. The
Legislative Ethics Commission shall adopt no rule requiring
the Legislative Inspector General to seek the Commission's
advance approval before publishing summary reports authorized
under this Article. Any commission rule in existence on, the
effective date of this amendatory Act of the 103rd General
Assembly requiring the Legislative Inspector General to seek
the Commission's advance approval before commencing any
investigation is void.
(b) The Legislative Inspector General Ethics Commission
shall redact information in the summary report that may reveal
the identity of witnesses, complainants, or informants or if
the Legislative Inspector General Commission determines it is
appropriate to protect the identity of a person before
publication. The Commission may also redact any information it
believes should not be made public. Prior to publication, the

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Legislative Inspector General Commission shall permit the
respondents, Legislative Ethics Commission Inspector General,
and Attorney General to review documents to be made public and
offer suggestions for redaction or provide a response that
shall be made public with the summary report.
(c) The Legislative Ethics Commission may withhold
publication of the report or response if the Legislative
Inspector General or Attorney General certifies that
publication will interfere with an ongoing investigation.
(Source: P.A. 96-555, eff. 8-18-09.)