HB2795 104TH GENERAL ASSEMBLY

LRB104 09744 BDA 19810 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2795

Introduced 2/6/2025, by Rep. Suzanne M. Ness

SYNOPSIS AS INTRODUCED:

5 ILCS 420/3-202	from Ch. 127, par. 603-202
5 ILCS 430/25-15
5 ILCS 430/25-20

Amends the Illinois Governmental Ethics Act. In a provision involving ethical principles for legislators in the event of a conflict situation, defines conflict situation as any circumstance that (i) involves a legislator, the legislator's immediate family, or a business in which the legislator or the legislator's immediate family holds a direct or indirect economic interest, (ii) is related to a specific matter pending before the legislator, and (iii) may result in a private pecuniary benefit to the legislator, the legislator's immediate family, or one or more businesses in which the legislator is involved. Provides that, upon discovery of a conflict situation, the legislator shall disclose the conflict by notifying the Office of the Legislative Inspector General. Amends the State Officials and Employees Ethics Act. Directs the Legislative Inspector General to examine any conflict situation notice filed by a member, as well as each bill that is related to the conflict situation and that has been filed and approved for consideration, and to either (i) provide the member with an informal advisory opinion or (ii) refer the notice to the Commission for a formal advisory opinion and an opportunity to respond. Requires the Legislative Ethics Commission to examine any conflict situation notice filed by a member and referred to the Commission by the Office of the Legislative Inspector General, as well as each bill that is related to the conflict situation and that has been filed and approved for consideration, and to provide such a member with a formal advisory opinion and an opportunity to respond to the Office of the Legislative Inspector General.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Governmental Ethics Act is amended by changing Section 3-202 as follows:

(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)

Sec. 3-202. When a legislator must take official action on a legislative matter as to which the legislator he has a conflict situation created by a personal, family, or client legislative interest, the legislator he should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible, the legislator he should consider the possibility of abstaining from such official action. In making a his decision as to abstention, the legislator should consider the following factors should be considered:

a. whether a substantial threat to the legislator's his independence of judgment has been created by the conflict situation;

b. the effect of the legislator's his participation on public confidence in the integrity of the legislature;

c. whether the legislator's his participation is likely to have any significant effect on the disposition of the matter;

d. the need for the legislator's his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the legislature.

Upon discovery of a conflict situation, the legislator shall disclose the conflict by notifying the Office of the Legislative Inspector General.

Regardless of any advisory opinion, the legislator He need not abstain if the legislator he decides to participate in a manner contrary to the economic interest which creates the conflict situation.

If the legislator he does abstain, the legislator he should disclose that fact to the legislator's his respective legislative body.

As used in this Section, "conflict situation" means any circumstance that (i) involves a legislator, the legislator's immediate family, or a business in which the legislator or the legislator's immediate family holds a direct or indirect economic interest, (ii) is related to a specific matter pending before the legislator, and (iii) may result in a private pecuniary benefit to the legislator, the legislator's immediate family, or one or more businesses in which the legislator is involved.

(Source: P.A. 100-201, eff. 8-18-17.)

Section 10. The State Officials and Employees Ethics Act is amended by changing Sections 25-15 and 25-20 as follows:

(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. 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 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 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 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.

(12) To examine any conflict situation notice filed by a member and referred to the Commission by the Office of the Legislative Inspector General, as well as each bill that is related to the conflict situation and that has been filed and approved for consideration, and to provide such a member with a formal advisory opinion and an opportunity to respond to the Office of the Legislative Inspector General.

(Source: P.A. 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 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 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, 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.

(11) To examine any conflict situation notice filed by a member, as well as each bill that is related to the conflict situation and that has been filed and approved for consideration, and to either (i) provide the member with an informal advisory opinion or (ii) refer the notice to the Commission for a formal advisory opinion and an opportunity to respond as described in item (12) of Section 25-15. Any notice provided to a member under this item (11) and any response of a member to such a notice shall be posted on the bill status page for the affected bill and shall, in the case of a Representative, be filed with the Clerk of the House of Representatives and shall, in the case of a Senator, be filed with the Secretary of the Senate.

(Source: P.A. 102-664, eff. 1-1-22.)