Illinois General Assembly - Full Text of SB0730
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Full Text of SB0730  101st General Assembly

SB0730enr 101ST GENERAL ASSEMBLY



 


 
SB0730 EnrolledLRB101 04491 RJF 49499 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 4A-106.5 as follows:
 
6    (5 ILCS 420/4A-106.5)
7    Sec. 4A-106.5. Persons filing statements with county
8clerk; notice; certification of list of names; alphabetical
9list; receipt; examination and copying of statements. The
10statements of economic interests required of persons listed in
11Section 4A-101.5 shall be filed with the county clerk of the
12county in which the principal office of the unit of local
13government with which the person is associated is located. If
14it is not apparent which county the principal office of a unit
15of local government is located, the chief administrative
16officer, or his or her designee, has the authority, for
17purposes of this Act, to determine the county in which the
18principal office is located. Annually, on or before February 1,
19the The chief administrative officer, or his or her designee,
20of each unit of local government with persons described in
21Section 4A-101.5 shall certify to the appropriate county clerk
22a list of names and addresses of persons that are required to
23file. In preparing the lists, each chief administrative

 

 

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1officer, or his or her designee, shall set out the names in
2alphabetical order.
3    On or before April 1 annually, the county clerk of each
4county shall notify all persons whose names have been certified
5to him under Section 4A-101.5, other than candidates for office
6who have filed their statements with their nominating
7petitions, of the requirements for filing statements of
8economic interests. A person required to file with a county
9clerk by virtue of more than one item among items set forth in
10Section 4A-101.5 shall be notified of and is required to file
11only one statement of economic interests relating to all items
12under which the person is required to file with that county
13clerk.
14    Except as provided in Section 4A-106.1, the notices
15provided for in this Section shall be in writing and deposited
16in the U.S. Mail, properly addressed, first class postage
17prepaid, on or before the day required by this Section for the
18sending of the notice. Alternatively, a county clerk may send
19the notices electronically to all persons whose names have been
20thus certified to him. A certificate executed by a county clerk
21attesting that he or she has sent the notice by the means
22permitted by this Section constitutes prima facie evidence
23thereof.
24    From the lists certified to him or her under this Section
25of persons described in Section 4A-101.5, the clerk of each
26county shall compile an alphabetical listing of persons

 

 

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1required to file statements of economic interests in his or her
2office under any of those items. As the statements are filed in
3his or her office, the county clerk shall cause the fact of
4that filing to be indicated on the alphabetical listing of
5persons who are required to file statements. Within 30 days
6after the due dates, the county clerk shall mail to the State
7Board of Elections a true copy of that listing showing those
8who have filed statements.
9    The county clerk of each county shall note upon the
10alphabetical listing the names of all persons required to file
11a statement of economic interests who failed to file a
12statement on or before May 1. It shall be the duty of the
13several county clerks to give notice as provided in Section
144A-105 to any person who has failed to file his or her
15statement with the clerk on or before May 1.
16    Any person who files or has filed a statement of economic
17interest under this Section is entitled to receive from the
18county clerk a receipt indicating that the person has filed
19such a statement, the date of filing, and the identity of the
20governmental unit or units in relation to which the filing is
21required.
22    All statements of economic interests filed under this
23Section shall be available for examination and copying by the
24public at all reasonable times.
25(Source: P.A. 101-221, eff. 8-9-19.)
 

 

 

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1    Section 10. The State Officials and Employees Ethics Act is
2amended by changing Sections 5-10.5, 20-5, 20-50, 20-63, 20-90,
325-5, 25-50, 25-63, and 25-90 as follows:
 
4    (5 ILCS 430/5-10.5)
5    Sec. 5-10.5. Harassment and discrimination prevention
6training.
7    (a) Until 2020, each officer, member, and employee must
8complete, at least annually, a sexual harassment training
9program. A person who fills a vacancy in an elective or
10appointed position that requires training under this Section
11must complete his or her initial sexual harassment training
12program within 30 days after commencement of his or her office
13or employment. The training shall include, at a minimum, the
14following: (i) the definition, and a description, of sexual
15harassment utilizing examples; (ii) details on how an
16individual can report an allegation of sexual harassment,
17including options for making a confidential report to a
18supervisor, ethics officer, Inspector General, or the
19Department of Human Rights; (iii) the definition, and
20description of, retaliation for reporting sexual harassment
21allegations utilizing examples, including availability of
22whistleblower protections under this Act, the Whistleblower
23Act, and the Illinois Human Rights Act; and (iv) the
24consequences of a violation of the prohibition on sexual
25harassment and the consequences for knowingly making a false

 

 

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1report. Proof of completion must be submitted to the applicable
2ethics officer. Sexual harassment training programs shall be
3overseen by the appropriate Ethics Commission and Inspector
4General appointed under this Act.
5    (a-5) Beginning in 2020, each officer, member, and employee
6must complete, at least annually, a harassment and
7discrimination prevention training program. A person who fills
8a vacancy in an elective or appointed position that requires
9training under this subsection must complete his or her initial
10harassment and discrimination prevention training program
11within 30 days after commencement of his or her office or
12employment. The training shall include, at a minimum, the
13following: (i) the definition and a description of sexual
14harassment, unlawful discrimination, and harassment, including
15examples of each; (ii) details on how an individual can report
16an allegation of sexual harassment, unlawful discrimination,
17or harassment, including options for making a confidential
18report to a supervisor, ethics officer, Inspector General, or
19the Department of Human Rights; (iii) the definition and
20description of retaliation for reporting sexual harassment,
21unlawful discrimination, or harassment allegations utilizing
22examples, including availability of whistleblower protections
23under this Act, the Whistleblower Act, and the Illinois Human
24Rights Act; and (iv) the consequences of a violation of the
25prohibition on sexual harassment, unlawful discrimination, and
26harassment and the consequences for knowingly making a false

 

 

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1report. Proof of completion must be submitted to the applicable
2ethics officer. Harassment and discrimination training
3programs shall be overseen by the appropriate Ethics Commission
4and Inspector General appointed under this Act.
5    For the purposes of this subsection, "unlawful
6discrimination" and "harassment" refer refers to
7discrimination and harassment prohibited under Section 2-102
8of the Illinois Human Rights Act.
9    (b) Each ultimate jurisdictional authority shall submit to
10the applicable Ethics Commission, at least annually, or more
11frequently as required by that Commission, a report that
12summarizes the harassment and discrimination prevention sexual
13harassment training program that was completed during the
14previous year, and lays out the plan for the training program
15in the coming year. The report shall include the names of
16individuals that failed to complete the required training
17program. Each Ethics Commission shall make the reports
18available on its website.
19(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19;
20revised 9-12-19.)
 
21    (5 ILCS 430/20-5)
22    Sec. 20-5. Executive Ethics Commission.
23    (a) The Executive Ethics Commission is created.
24    (b) The Executive Ethics Commission shall consist of 9
25commissioners. The Governor shall appoint 5 commissioners, and

 

 

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1the Attorney General, Secretary of State, Comptroller, and
2Treasurer shall each appoint one commissioner. Appointments
3shall be made by and with the advice and consent of the Senate
4by three-fifths of the elected members concurring by record
5vote. Any nomination not acted upon by the Senate within 60
6session days of the receipt thereof shall be deemed to have
7received the advice and consent of the Senate. If, during a
8recess of the Senate, there is a vacancy in an office of
9commissioner, the appointing authority shall make a temporary
10appointment until the next meeting of the Senate when the
11appointing authority shall make a nomination to fill that
12office. No person rejected for an office of commissioner shall,
13except by the Senate's request, be nominated again for that
14office at the same session of the Senate or be appointed to
15that office during a recess of that Senate. No more than 5
16commissioners may be of the same political party.
17    The terms of the initial commissioners shall commence upon
18qualification. Four initial appointees of the Governor, as
19designated by the Governor, shall serve terms running through
20June 30, 2007. One initial appointee of the Governor, as
21designated by the Governor, and the initial appointees of the
22Attorney General, Secretary of State, Comptroller, and
23Treasurer shall serve terms running through June 30, 2008. The
24initial appointments shall be made within 60 days after the
25effective date of this Act.
26    After the initial terms, commissioners shall serve for

 

 

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14-year terms commencing on July 1 of the year of appointment
2and running through June 30 of the fourth following year.
3Commissioners may be reappointed to one or more subsequent
4terms.
5    Vacancies occurring other than at the end of a term shall
6be filled by the appointing authority only for the balance of
7the term of the commissioner whose office is vacant.
8    Terms shall run regardless of whether the position is
9filled.
10    (c) The appointing authorities shall appoint commissioners
11who have experience holding governmental office or employment
12and shall appoint commissioners from the general public. A
13person is not eligible to serve as a commissioner if that
14person (i) has been convicted of a felony or a crime of
15dishonesty or moral turpitude, (ii) is, or was within the
16preceding 12 months, engaged in activities that require
17registration under the Lobbyist Registration Act, (iii) is
18related to the appointing authority, or (iv) is a State officer
19or employee.
20    (d) The Executive Ethics Commission shall have
21jurisdiction over all officers and employees of State agencies
22other than the General Assembly, the Senate, the House of
23Representatives, the President and Minority Leader of the
24Senate, the Speaker and Minority Leader of the House of
25Representatives, the Senate Operations Commission, the
26legislative support services agencies, and the Office of the

 

 

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1Auditor General. The Executive Ethics Commission shall have
2jurisdiction over all board members and employees of Regional
3Transit Boards. The jurisdiction of the Commission is limited
4to matters arising under this Act, except as provided in
5subsection (d-5).
6    A member or legislative branch State employee serving on an
7executive branch board or commission remains subject to the
8jurisdiction of the Legislative Ethics Commission and is not
9subject to the jurisdiction of the Executive Ethics Commission.
10    (d-5) The Executive Ethics Commission shall have
11jurisdiction over all chief procurement officers and
12procurement compliance monitors and their respective staffs.
13The Executive Ethics Commission shall have jurisdiction over
14any matters arising under the Illinois Procurement Code if the
15Commission is given explicit authority in that Code.
16    (d-6) (1) The Executive Ethics Commission shall have
17jurisdiction over the Illinois Power Agency and its staff. The
18Director of the Agency shall be appointed by a majority of the
19commissioners of the Executive Ethics Commission, subject to
20Senate confirmation, for a term of 2 years. The Director is
21removable for cause by a majority of the Commission upon a
22finding of neglect, malfeasance, absence, or incompetence.
23    (2) In case of a vacancy in the office of Director of the
24Illinois Power Agency during a recess of the Senate, the
25Executive Ethics Commission may make a temporary appointment
26until the next meeting of the Senate, at which time the

 

 

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1Executive Ethics Commission shall nominate some person to fill
2the office, and any person so nominated who is confirmed by the
3Senate shall hold office during the remainder of the term and
4until his or her successor is appointed and qualified. Nothing
5in this subsection shall prohibit the Executive Ethics
6Commission from removing a temporary appointee or from
7appointing a temporary appointee as the Director of the
8Illinois Power Agency.
9    (3) Prior to June 1, 2012, the Executive Ethics Commission
10may, until the Director of the Illinois Power Agency is
11appointed and qualified or a temporary appointment is made
12pursuant to paragraph (2) of this subsection, designate some
13person as an acting Director to execute the powers and
14discharge the duties vested by law in that Director. An acting
15Director shall serve no later than 60 calendar days, or upon
16the making of an appointment pursuant to paragraph (1) or (2)
17of this subsection, whichever is earlier. Nothing in this
18subsection shall prohibit the Executive Ethics Commission from
19removing an acting Director or from appointing an acting
20Director as the Director of the Illinois Power Agency.
21    (4) No person rejected by the Senate for the office of
22Director of the Illinois Power Agency shall, except at the
23Senate's request, be nominated again for that office at the
24same session or be appointed to that office during a recess of
25that Senate.
26    (d-7) The Executive Ethics Commission shall have

 

 

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1jurisdiction over complainants and respondents in violation of
2subsection (d) of Section 20-90 subsection (e) of Section
320-63.
4    (e) The Executive Ethics Commission must meet, either in
5person or by other technological means, at least monthly and as
6often as necessary. At the first meeting of the Executive
7Ethics Commission, the commissioners shall choose from their
8number a chairperson and other officers that they deem
9appropriate. The terms of officers shall be for 2 years
10commencing July 1 and running through June 30 of the second
11following year. Meetings shall be held at the call of the
12chairperson or any 3 commissioners. Official action by the
13Commission shall require the affirmative vote of 5
14commissioners, and a quorum shall consist of 5 commissioners.
15Commissioners shall receive compensation in an amount equal to
16the compensation of members of the State Board of Elections and
17may be reimbursed for their reasonable expenses actually
18incurred in the performance of their duties.
19    (f) No commissioner or employee of the Executive Ethics
20Commission may during his or her term of appointment or
21employment:
22        (1) become a candidate for any elective office;
23        (2) hold any other elected or appointed public office
24    except for appointments on governmental advisory boards or
25    study commissions or as otherwise expressly authorized by
26    law;

 

 

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1        (3) be actively involved in the affairs of any
2    political party or political organization; or
3        (4) advocate for the appointment of another person to
4    an appointed or elected office or position or actively
5    participate in any campaign for any elective office.
6    (g) An appointing authority may remove a commissioner only
7for cause.
8    (h) The Executive Ethics Commission shall appoint an
9Executive Director. The compensation of the Executive Director
10shall be as determined by the Commission. The Executive
11Director of the Executive Ethics Commission may employ and
12determine the compensation of staff, as appropriations permit.
13    (i) The Executive Ethics Commission shall appoint, by a
14majority of the members appointed to the Commission, chief
15procurement officers and may appoint procurement compliance
16monitors in accordance with the provisions of the Illinois
17Procurement Code. The compensation of a chief procurement
18officer and procurement compliance monitor shall be determined
19by the Commission.
20(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19.)
 
21    (5 ILCS 430/20-50)
22    Sec. 20-50. Investigation reports.
23    (a) If an Executive Inspector General, upon the conclusion
24of an investigation, determines that reasonable cause exists to
25believe that a violation has occurred, then the Executive

 

 

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1Inspector General shall issue a summary report of the
2investigation. The report shall be delivered to the appropriate
3ultimate jurisdictional authority and to the head of each State
4agency affected by or involved in the investigation, if
5appropriate. The appropriate ultimate jurisdictional authority
6or agency head shall respond to the summary report within 20
7days, in writing, to the Executive Inspector General. The
8response shall include a description of any corrective or
9disciplinary action to be imposed. If the appropriate ultimate
10jurisdictional authority does not respond within 20 days, or
11within an extended time period as agreed to by the Executive
12Inspector General, an Executive Inspector General may proceed
13under subsection (c) as if a response had been received.
14    (b) The summary report of the investigation shall include
15the following:
16        (1) A description of any allegations or other
17    information received by the Executive Inspector General
18    pertinent to the investigation.
19        (2) A description of any alleged misconduct discovered
20    in the course of the investigation.
21        (3) Recommendations for any corrective or disciplinary
22    action to be taken in response to any alleged misconduct
23    described in the report, including but not limited to
24    discharge.
25        (4) Other information the Executive Inspector General
26    deems relevant to the investigation or resulting

 

 

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1    recommendations.
2    (c) Within 30 days after receiving a response from the
3appropriate ultimate jurisdictional authority or agency head
4under subsection (a), the Executive Inspector General shall
5notify the Commission and the Attorney General if the Executive
6Inspector General believes that a complaint should be filed
7with the Commission. If the Executive Inspector General desires
8to file a complaint with the Commission, the Executive
9Inspector General shall submit the summary report and
10supporting documents to the Attorney General. If the Attorney
11General concludes that there is insufficient evidence that a
12violation has occurred, the Attorney General shall notify the
13Executive Inspector General and the Executive Inspector
14General shall deliver to the Executive Ethics Commission a copy
15of the summary report and response from the ultimate
16jurisdictional authority or agency head. If the Attorney
17General determines that reasonable cause exists to believe that
18a violation has occurred, then the Executive Inspector General,
19represented by the Attorney General, may file with the
20Executive Ethics Commission a complaint. The complaint shall
21set forth the alleged violation and the grounds that exist to
22support the complaint. The complaint must be filed with the
23Commission within 12 months after the Executive Inspector
24General's receipt of the allegation of the violation or within
2518 months after the most recent act of the alleged violation or
26of a series of alleged violations, whichever is later, except

 

 

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1where there is reasonable cause to believe that fraudulent
2concealment has occurred. To constitute fraudulent concealment
3sufficient to toll this limitations period, there must be an
4affirmative act or representation calculated to prevent
5discovery of the fact that a violation has occurred. If a
6complaint is not filed with the Commission within 6 months
7after notice by the Inspector General to the Commission and the
8Attorney General, then the Commission may set a meeting of the
9Commission at which the Attorney General shall appear and
10provide a status report to the Commission.
11    (c-5) Within 30 days after receiving a response from the
12appropriate ultimate jurisdictional authority or agency head
13under subsection (a), if the Executive Inspector General does
14not believe that a complaint should be filed, the Executive
15Inspector General shall deliver to the Executive Ethics
16Commission a statement setting forth the basis for the decision
17not to file a complaint and a copy of the summary report and
18response from the ultimate jurisdictional authority or agency
19head. An Inspector General may also submit a redacted version
20of the summary report and response from the ultimate
21jurisdictional authority if the Inspector General believes
22either contains information that, in the opinion of the
23Inspector General, should be redacted prior to releasing the
24report, may interfere with an ongoing investigation, or
25identifies an informant or complainant.
26    (c-10) If, after reviewing the documents, the Commission

 

 

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1believes that further investigation is warranted, the
2Commission may request that the Executive Inspector General
3provide additional information or conduct further
4investigation. The Commission may also appoint a Special
5Executive Inspector General to investigate or refer the summary
6report and response from the ultimate jurisdictional authority
7to the Attorney General for further investigation or review. If
8the Commission requests the Attorney General to investigate or
9review, the Commission must notify the Attorney General and the
10Inspector General. The Attorney General may not begin an
11investigation or review until receipt of notice from the
12Commission. If, after review, the Attorney General determines
13that reasonable cause exists to believe that a violation has
14occurred, then the Attorney General may file a complaint with
15the Executive Ethics Commission. If the Attorney General
16concludes that there is insufficient evidence that a violation
17has occurred, the Attorney General shall notify the Executive
18Ethics Commission and the appropriate Executive Inspector
19General.
20    (d) A copy of the complaint filed with the Executive Ethics
21Commission must be served on all respondents named in the
22complaint and on each respondent's ultimate jurisdictional
23authority in the same manner as process is served under the
24Code of Civil Procedure.
25    (e) A respondent may file objections to the complaint
26within 30 days after notice of the petition has been served on

 

 

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1the respondent.
2    (f) The Commission shall meet, either in person or by
3telephone, at least 30 days after the complaint is served on
4all respondents in a closed session to review the sufficiency
5of the complaint. The Commission shall issue notice by
6certified mail, return receipt requested, to the Executive
7Inspector General, Attorney General, and all respondents of the
8Commission's ruling on the sufficiency of the complaint. If the
9complaint is deemed to sufficiently allege a violation of this
10Act, then the Commission shall include a hearing date scheduled
11within 4 weeks after the date of the notice, unless all of the
12parties consent to a later date. If the complaint is deemed not
13to sufficiently allege a violation, then the Commission shall
14send by certified mail, return receipt requested, a notice to
15the Executive Inspector General, Attorney General, and all
16respondents of the decision to dismiss the complaint.
17    (g) On the scheduled date the Commission shall conduct a
18closed meeting, either in person or, if the parties consent, by
19telephone, on the complaint and allow all parties the
20opportunity to present testimony and evidence. All such
21proceedings shall be transcribed.
22    (h) Within an appropriate time limit set by rules of the
23Executive Ethics Commission, the Commission shall (i) dismiss
24the complaint, (ii) issue a recommendation of discipline to the
25respondent and the respondent's ultimate jurisdictional
26authority, (iii) impose an administrative fine upon the

 

 

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1respondent, (iv) issue injunctive relief as described in
2Section 50-10, or (v) impose a combination of (ii) through
3(iv).
4    (i) The proceedings on any complaint filed with the
5Commission shall be conducted pursuant to rules promulgated by
6the Commission.
7    (j) The Commission may designate hearing officers to
8conduct proceedings as determined by rule of the Commission.
9    (k) In all proceedings before the Commission, the standard
10of proof is by a preponderance of the evidence.
11    (l) Within 30 days after the issuance of a final
12administrative decision that concludes that a violation
13occurred, the Executive Ethics Commission shall make public the
14entire record of proceedings before the Commission, the
15decision, any recommendation, any discipline imposed, and the
16response from the agency head or ultimate jurisdictional
17authority to the Executive Ethics Commission.
18(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.)
 
19    (5 ILCS 430/20-63)
20    Sec. 20-63. Rights of persons subjected to discrimination,
21harassment, or sexual harassment.
22    (a) As used in this Section, "complainant" means a known
23person identified in a complaint filed with an Executive
24Inspector General as a person subjected to alleged
25discrimination, harassment, or sexual harassment in violation

 

 

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1of Section 5-65 of this Act, subsection (a) of Section 4.7 of
2the Lobbyist Registration Act, or Article 2 of the Illinois
3Human Rights Act, regardless of whether the complaint is filed
4by the person.
5    (b) A complainant shall have the following rights:
6        (1) within 5 business days of the Executive Inspector
7    General receiving a complaint in which the complainant is
8    identified, to be notified by the Executive Inspector
9    General of the receipt of the complaint, the complainant's
10    rights, and an explanation of the process, rules, and
11    procedures related to the investigation of an allegation,
12    and the duties of the Executive Inspector General and the
13    Executive Ethics Commission;
14        (2) within 5 business days after the Executive
15    Inspector General's decision to open or close an
16    investigation into the complaint or refer the complaint to
17    another appropriate agency, to be notified of the Executive
18    Inspector General's decision; however, if the Executive
19    Inspector General reasonably determines that publicly
20    acknowledging the existence of an investigation would
21    interfere with the conduct or completion of that
22    investigation, the notification may be withheld until
23    public acknowledgment of the investigation would no longer
24    interfere with that investigation;
25        (3) after an investigation has been opened, to have any
26    interviews of the complainant audio recorded by the

 

 

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1    Executive Inspector General and to review, in person and in
2    the presence of the Executive Inspector General or his or
3    her designee, any transcript or interview report created
4    from that audio recorded interview. The complainant may
5    provide any supplemental statements or evidence throughout
6    the investigation to review statements and evidence given
7    to the Executive Inspector General by the complainant and
8    the Executive Inspector General's summarization of those
9    statements and evidence, if such summary exists. The
10    complainant may make suggestions of changes for the
11    Executive Inspector General's consideration, but the
12    Executive Inspector General shall have the final authority
13    to determine what statements, evidence, and summaries are
14    included in any report of the investigation;
15        (4) to have a union representative, attorney,
16    co-worker, or other support person who is not involved in
17    the investigation, at the complainant's expense, present
18    at any interview or meeting, whether in person or by
19    telephone or audio-visual communication, between the
20    complainant and the Executive Inspector General or
21    Executive Ethics Commission;
22        (5) to submit an impact statement that shall be
23    included with the Executive Inspector General's summary
24    report to the Executive Ethics Commission for its
25    consideration;
26        (6) to testify at a hearing held under subsection (g)

 

 

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1    of Section 20-50, to the extent the hearing is based on an
2    allegation of a violation of Section 5-65 of this Act or
3    subsection (a) of Section 4.7 of the Lobbyist Registration
4    Act involving the complainant, and have a single union
5    representative, attorney, co-worker, or other support
6    person who is not involved in the investigation, at the
7    complainant's expense, accompany him or her while
8    testifying;
9        (7) to review, within 5 business days prior to its
10    release, any portion of a summary report of the
11    investigation subject to public release under this Article
12    related to the allegations concerning the complainant,
13    after redactions made by the Executive Ethics Commission,
14    and offer suggestions for redaction or provide a response
15    that shall be made public with the summary report; and
16        (8) to file a complaint with the Executive Ethics
17    Commission for any violation of the complainant's rights
18    under this Section by the Executive Inspector General.
19    (c) The complainant shall have the sole discretion in
20determining whether to exercise the rights set forth in this
21Section. All rights under this Section shall be waived if the
22complainant fails to cooperate with the Executive Inspector
23General's investigation of the complaint.
24    (d) The notice requirements imposed on Inspectors General
25by this Section shall be waived if the Inspector General is
26unable to identify or locate the complainant.

 

 

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1    (e) (Blank). A complainant receiving a copy of any summary
2report, in whole or in part, under this Section shall keep the
3report confidential and shall not disclose the report prior to
4the publication of the report by the Executive Ethics
5Commission. A complainant that violates this subsection (e)
6shall be subject to an administrative fine by the Executive
7Ethics Commission of up to $5,000.
8(Source: P.A. 101-221, eff. 8-9-19.)
 
9    (5 ILCS 430/20-90)
10    Sec. 20-90. Confidentiality.
11    (a) The identity of any individual providing information or
12reporting any possible or alleged misconduct to an Executive
13Inspector General or the Executive Ethics Commission shall be
14kept confidential and may not be disclosed without the consent
15of that individual, unless the individual consents to
16disclosure of his or her name or disclosure of the individual's
17identity is otherwise required by law. The confidentiality
18granted by this subsection does not preclude the disclosure of
19the identity of a person in any capacity other than as the
20source of an allegation.
21    (b) Subject to the provisions of Section 20-52,
22commissioners, employees, and agents of the Executive Ethics
23Commission, the Executive Inspectors General, and employees
24and agents of each Office of an Executive Inspector General,
25the Attorney General, and the employees and agents of the

 

 

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1office of the Attorney General shall keep confidential and
2shall not disclose information exempted from disclosure under
3the Freedom of Information Act or by this Act, provided the
4identity of any individual providing information or reporting
5any possible or alleged misconduct to the Executive Inspector
6General for the Governor may be disclosed to an Inspector
7General appointed or employed by a Regional Transit Board in
8accordance with Section 75-10.
9    (c) In his or her discretion, an Executive Inspector
10General may notify complainants and subjects of an
11investigation with an update on the status of the respective
12investigation, including when the investigation is opened and
13closed.
14    (d) A complainant, as defined in subsection (a) of Section
1520-63, or a respondent who receives a copy of any summary
16report, in whole or in part, shall keep the report confidential
17and shall not disclose the report, or any portion thereof,
18prior to the publication of the summary report by the Executive
19Ethics Commission pursuant to this Act. A complainant or
20respondent who violates this subsection (d) shall be in
21violation of this Act and subject to an administrative fine by
22the Executive Ethics Commission of up to $5,000.
23(Source: P.A. 100-588, eff. 6-8-18.)
 
24    (5 ILCS 430/25-5)
25    Sec. 25-5. Legislative Ethics Commission.

 

 

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1    (a) The Legislative Ethics Commission is created.
2    (b) The Legislative Ethics Commission shall consist of 8
3commissioners appointed 2 each by the President and Minority
4Leader of the Senate and the Speaker and Minority Leader of the
5House of Representatives.
6    The terms of the initial commissioners shall commence upon
7qualification. Each appointing authority shall designate one
8appointee who shall serve for a 2-year term running through
9June 30, 2005. Each appointing authority shall designate one
10appointee who shall serve for a 4-year term running through
11June 30, 2007. The initial appointments shall be made within 60
12days after the effective date of this Act.
13    After the initial terms, commissioners shall serve for
144-year terms commencing on July 1 of the year of appointment
15and running through June 30 of the fourth following year.
16Commissioners may be reappointed to one or more subsequent
17terms.
18    Vacancies occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the commissioner whose office is vacant.
21    Terms shall run regardless of whether the position is
22filled.
23    (c) The appointing authorities shall appoint commissioners
24who have experience holding governmental office or employment
25and may appoint commissioners who are members of the General
26Assembly as well as commissioners from the general public. A

 

 

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1commissioner who is a member of the General Assembly must
2recuse himself or herself from participating in any matter
3relating to any investigation or proceeding in which he or she
4is the subject or is a complainant. A person is not eligible to
5serve as a commissioner if that person (i) has been convicted
6of a felony or a crime of dishonesty or moral turpitude, (ii)
7is, or was within the preceding 12 months, engaged in
8activities that require registration under the Lobbyist
9Registration Act, (iii) is a relative of the appointing
10authority, (iv) is a State officer or employee other than a
11member of the General Assembly, or (v) is a candidate for
12statewide office, federal office, or judicial office.
13    (c-5) If a commissioner is required to recuse himself or
14herself from participating in a matter as provided in
15subsection (c), the recusal shall create a temporary vacancy
16for the limited purpose of consideration of the matter for
17which the commissioner recused himself or herself, and the
18appointing authority for the recusing commissioner shall make a
19temporary appointment to fill the vacancy for consideration of
20the matter for which the commissioner recused himself or
21herself.
22    (d) The Legislative Ethics Commission shall have
23jurisdiction over current and former members of the General
24Assembly regarding events occurring during a member's term of
25office and current and former State employees regarding events
26occurring during any period of employment where the State

 

 

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1employee's ultimate jurisdictional authority is (i) a
2legislative leader, (ii) the Senate Operations Commission, or
3(iii) the Joint Committee on Legislative Support Services. The
4Legislative Ethics Commission shall have jurisdiction over
5complainants and respondents in violation of subsection (d) of
6Section 25-90 subsection (e) of Section 25-63. The jurisdiction
7of the Commission is limited to matters arising under this Act.
8    An officer or executive branch State employee serving on a
9legislative branch board or commission remains subject to the
10jurisdiction of the Executive Ethics Commission and is not
11subject to the jurisdiction of the Legislative Ethics
12Commission.
13    (e) The Legislative Ethics Commission must meet, either in
14person or by other technological means, monthly or as often as
15necessary. At the first meeting of the Legislative Ethics
16Commission, the commissioners shall choose from their number a
17chairperson and other officers that they deem appropriate. The
18terms of officers shall be for 2 years commencing July 1 and
19running through June 30 of the second following year. Meetings
20shall be held at the call of the chairperson or any 3
21commissioners. Official action by the Commission shall require
22the affirmative vote of 5 commissioners, and a quorum shall
23consist of 5 commissioners. Commissioners shall receive no
24compensation but may be reimbursed for their reasonable
25expenses actually incurred in the performance of their duties.
26    (f) No commissioner, other than a commissioner who is a

 

 

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1member of the General Assembly, or employee of the Legislative
2Ethics Commission may during his or her term of appointment or
3employment:
4        (1) become a candidate for any elective office;
5        (2) hold any other elected or appointed public office
6    except for appointments on governmental advisory boards or
7    study commissions or as otherwise expressly authorized by
8    law;
9        (3) be actively involved in the affairs of any
10    political party or political organization; or
11        (4) advocate for the appointment of another person to
12    an appointed or elected office or position or actively
13    participate in any campaign for any elective office.
14    (f-5) No commissioner who is a member of the General
15Assembly may be a candidate for statewide office, federal
16office, or judicial office. If a commissioner who is a member
17of the General Assembly files petitions to be a candidate for a
18statewide office, federal office, or judicial office, he or she
19shall be deemed to have resigned from his or her position as a
20commissioner on the date his or her name is certified for the
21ballot by the State Board of Elections or local election
22authority and his or her position as a commissioner shall be
23deemed vacant. Such person may not be reappointed to the
24Commission during any time he or she is a candidate for
25statewide office, federal office, or judicial office.
26    (g) An appointing authority may remove a commissioner only

 

 

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1for cause.
2    (h) The Legislative Ethics Commission shall appoint an
3Executive Director subject to the approval of at least 3 of the
44 legislative leaders. The compensation of the Executive
5Director shall be as determined by the Commission. The
6Executive Director of the Legislative Ethics Commission may
7employ, subject to the approval of at least 3 of the 4
8legislative leaders, and determine the compensation of staff,
9as appropriations permit.
10    (i) In consultation with the Legislative Inspector
11General, the Legislative Ethics Commission may develop
12comprehensive training for members and employees under its
13jurisdiction that includes, but is not limited to, sexual
14harassment, employment discrimination, and workplace civility.
15The training may be recommended to the ultimate jurisdictional
16authorities and may be approved by the Commission to satisfy
17the sexual harassment training required under Section 5-10.5 or
18be provided in addition to the annual sexual harassment
19training required under Section 5-10.5. The Commission may seek
20input from governmental agencies or private entities for
21guidance in developing such training.
22(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
23101-221, eff. 8-9-19.)
 
24    (5 ILCS 430/25-50)
25    Sec. 25-50. Investigation reports.

 

 

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1    (a) If the Legislative Inspector General, upon the
2conclusion of an investigation, determines that reasonable
3cause exists to believe that a violation has occurred, then the
4Legislative Inspector General shall issue a summary report of
5the investigation. The report shall be delivered to the
6appropriate ultimate jurisdictional authority, to the head of
7each State agency affected by or involved in the investigation,
8if appropriate, and the member, if any, that is the subject of
9the report. The appropriate ultimate jurisdictional authority
10or agency head and the member, if any, that is the subject of
11the report shall respond to the summary report within 20 days,
12in writing, to the Legislative Inspector General. If the
13ultimate jurisdictional authority is the subject of the report,
14he or she may only respond to the summary report in his or her
15capacity as the subject of the report and shall not respond in
16his or her capacity as the ultimate jurisdictional authority.
17The response shall include a description of any corrective or
18disciplinary action to be imposed. If the appropriate ultimate
19jurisdictional authority or the member that is the subject of
20the report does not respond within 20 days, or within an
21extended time as agreed to by the Legislative Inspector
22General, the Legislative Inspector General may proceed under
23subsection (c) as if a response had been received. A member
24receiving and responding to a report under this Section shall
25be deemed to be acting in his or her official capacity.
26    (b) The summary report of the investigation shall include

 

 

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1the following:
2        (1) A description of any allegations or other
3    information received by the Legislative Inspector General
4    pertinent to the investigation.
5        (2) A description of any alleged misconduct discovered
6    in the course of the investigation.
7        (3) Recommendations for any corrective or disciplinary
8    action to be taken in response to any alleged misconduct
9    described in the report, including, but not limited to,
10    discharge.
11        (4) Other information the Legislative Inspector
12    General deems relevant to the investigation or resulting
13    recommendations.
14    (c) Within 30 days after receiving a response from the
15appropriate ultimate jurisdictional authority or agency head
16under subsection (a), the Legislative Inspector General shall
17notify the Commission and the Attorney General if the
18Legislative Inspector General believes that a complaint should
19be filed with the Commission. If the Legislative Inspector
20General desires to file a complaint with the Commission, the
21Legislative Inspector General shall submit the summary report
22and supporting documents to the Attorney General. If the
23Attorney General concludes that there is insufficient evidence
24that a violation has occurred, the Attorney General shall
25notify the Legislative Inspector General and the Legislative
26Inspector General shall deliver to the Legislative Ethics

 

 

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1Commission a copy of the summary report and response from the
2ultimate jurisdictional authority or agency head. If the
3Attorney General determines that reasonable cause exists to
4believe that a violation has occurred, then the Legislative
5Inspector General, represented by the Attorney General, may
6file with the Legislative Ethics Commission a complaint. The
7complaint shall set forth the alleged violation and the grounds
8that exist to support the complaint. Except as provided under
9subsection (1.5) of Section 20, the complaint must be filed
10with the Commission within 12 months after the Legislative
11Inspector General's receipt of the allegation of the violation
12or within 18 months after the most recent act of the alleged
13violation or of a series of alleged violations, whichever is
14later, except where there is reasonable cause to believe that
15fraudulent concealment has occurred. To constitute fraudulent
16concealment sufficient to toll this limitations period, there
17must be an affirmative act or representation calculated to
18prevent discovery of the fact that a violation has occurred. If
19a complaint is not filed with the Commission within 6 months
20after notice by the Inspector General to the Commission and the
21Attorney General, then the Commission may set a meeting of the
22Commission at which the Attorney General shall appear and
23provide a status report to the Commission.
24    (c-5) Within 30 days after receiving a response from the
25appropriate ultimate jurisdictional authority or agency head
26under subsection (a), if the Legislative Inspector General does

 

 

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1not believe that a complaint should be filed, the Legislative
2Inspector General shall deliver to the Legislative Ethics
3Commission a statement setting forth the basis for the decision
4not to file a complaint and a copy of the summary report and
5response from the ultimate jurisdictional authority or agency
6head. The Inspector General may also submit a redacted version
7of the summary report and response from the ultimate
8jurisdictional authority if the Inspector General believes
9either contains information that, in the opinion of the
10Inspector General, should be redacted prior to releasing the
11report, may interfere with an ongoing investigation, or
12identifies an informant or complainant.
13    (c-10) If, after reviewing the documents, the Commission
14believes that further investigation is warranted, the
15Commission may request that the Legislative Inspector General
16provide additional information or conduct further
17investigation. The Commission may also refer the summary report
18and response from the ultimate jurisdictional authority to the
19Attorney General for further investigation or review. If the
20Commission requests the Attorney General to investigate or
21review, the Commission must notify the Attorney General and the
22Legislative Inspector General. The Attorney General may not
23begin an investigation or review until receipt of notice from
24the Commission. If, after review, the Attorney General
25determines that reasonable cause exists to believe that a
26violation has occurred, then the Attorney General may file a

 

 

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1complaint with the Legislative Ethics Commission. If the
2Attorney General concludes that there is insufficient evidence
3that a violation has occurred, the Attorney General shall
4notify the Legislative Ethics Commission and the appropriate
5Legislative Inspector General.
6    (d) A copy of the complaint filed with the Legislative
7Ethics Commission must be served on all respondents named in
8the complaint and on each respondent's ultimate jurisdictional
9authority in the same manner as process is served under the
10Code of Civil Procedure.
11    (e) A respondent may file objections to the complaint
12within 30 days after notice of the petition has been served on
13the respondent.
14    (f) The Commission shall meet, at least 30 days after the
15complaint is served on all respondents either in person or by
16telephone, in a closed session to review the sufficiency of the
17complaint. The Commission shall issue notice by certified mail,
18return receipt requested, to the Legislative Inspector
19General, the Attorney General, and all respondents of the
20Commission's ruling on the sufficiency of the complaint. If the
21complaint is deemed to sufficiently allege a violation of this
22Act, then the Commission shall include a hearing date scheduled
23within 4 weeks after the date of the notice, unless all of the
24parties consent to a later date. If the complaint is deemed not
25to sufficiently allege a violation, then the Commission shall
26send by certified mail, return receipt requested, a notice to

 

 

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1the Legislative Inspector General, the Attorney General, and
2all respondents the decision to dismiss the complaint.
3    (g) On the scheduled date the Commission shall conduct a
4closed meeting, either in person or, if the parties consent, by
5telephone, on the complaint and allow all parties the
6opportunity to present testimony and evidence. All such
7proceedings shall be transcribed.
8    (h) Within an appropriate time limit set by rules of the
9Legislative Ethics Commission, the Commission shall (i)
10dismiss the complaint, (ii) issue a recommendation of
11discipline to the respondent and the respondent's ultimate
12jurisdictional authority, (iii) impose an administrative fine
13upon the respondent, (iv) issue injunctive relief as described
14in Section 50-10, or (v) impose a combination of items (ii)
15through (iv).
16    (i) The proceedings on any complaint filed with the
17Commission shall be conducted pursuant to rules promulgated by
18the Commission.
19    (j) The Commission may designate hearing officers to
20conduct proceedings as determined by rule of the Commission.
21    (k) In all proceedings before the Commission, the standard
22of proof is by a preponderance of the evidence.
23    (l) Within 30 days after the issuance of a final
24administrative decision that concludes that a violation
25occurred, the Legislative Ethics Commission shall make public
26the entire record of proceedings before the Commission, the

 

 

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1decision, any recommendation, any discipline imposed, and the
2response from the agency head or ultimate jurisdictional
3authority to the Legislative Ethics Commission.
4(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
5revised 9-12-19.)
 
6    (5 ILCS 430/25-63)
7    Sec. 25-63. Rights of persons subjected to discrimination,
8harassment, or sexual harassment.
9    (a) As used in this Section, "complainant" means a known
10person identified in a complaint filed with the Legislative
11Inspector General as a person subjected to alleged
12discrimination, harassment, or sexual harassment in violation
13of Section 5-65 of this Act or Article 2 of the Illinois Human
14Rights Act, regardless of whether the complaint is filed by the
15person.
16    (b) A complainant shall have the following rights:
17        (1) within 5 business days of the Legislative Inspector
18    General receiving a complaint in which the complainant is
19    identified, to be notified by the Legislative Inspector
20    General of the receipt of the complaint, the complainant's
21    rights, and an explanation of the process, rules, and
22    procedures related to the investigation of investigating
23    an allegation, and the duties of the Legislative Inspector
24    General and the Legislative Ethics Commission;
25        (2) within 5 business days after the Legislative

 

 

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1    Inspector General's decision to open or close an
2    investigation into the complaint or refer the complaint to
3    another appropriate agency, to be notified of the
4    Legislative Inspector General's decision; however, if the
5    Legislative Inspector General reasonably determines that
6    publicly acknowledging the existence of an investigation
7    would interfere with the conduct or completion of that
8    investigation, the notification may be withheld until
9    public acknowledgment of the investigation would no longer
10    interfere with that investigation;
11        (3) after an investigation has been opened, to have any
12    interviews of the complainant audio recorded by the
13    Legislative Inspector General and to review, in person and
14    in the presence of the Legislative Inspector General or his
15    or her designee, any transcript or interview report created
16    from that audio recorded interview. The complainant may
17    provide any supplemental statements or evidence throughout
18    the investigation to review statements and evidence given
19    to the Legislative Inspector General by the complainant and
20    the Legislative Inspector General's summarization of those
21    statements and evidence, if such summary exists. The
22    complainant may make suggestions of changes for the
23    Legislative Inspector General's consideration, but the
24    Legislative Inspector General shall have the final
25    authority to determine what statements, evidence, and
26    summaries are included in any report of the investigation;

 

 

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1        (4) to have a union representative, attorney,
2    co-worker, or other support person who is not involved in
3    the investigation, at the complainant's expense, present
4    at any interview or meeting, whether in person or by
5    telephone or audio-visual communication, between the
6    complainant and the Legislative Inspector General or
7    Legislative Ethics Commission;
8        (5) to submit a complainant impact statement that shall
9    be included with the Legislative Inspector General's
10    summary report to the Legislative Ethics Commission for its
11    consideration;
12        (6) to testify at a hearing held under subsection (g)
13    of Section 25-50, to the extent the hearing is based on an
14    allegation of a violation of Section 5-65 of this Act
15    involving the complainant, and have a single union
16    representative, attorney, co-worker, or other support
17    person who is not involved in the investigation, at the
18    complainant's expense, accompany him or her while
19    testifying;
20        (7) to review, within 5 business days prior to its
21    release, any portion of a summary report of the
22    investigation subject to public release under this Article
23    related to the allegations concerning the complainant,
24    after redactions made by the Legislative Ethics
25    Commission, and offer suggestions for redaction or provide
26    a response that shall be made public with the summary

 

 

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1    report; and
2        (8) to file a complaint with the Legislative Ethics
3    Commission for any violation of the complainant's rights
4    under this Section by the Legislative Inspector General.
5    (c) The complainant shall have the sole discretion in
6determining whether or not to exercise the rights set forth in
7this Section. All rights under this Section shall be waived if
8the complainant fails to cooperate with the Legislative
9Inspector General's investigation of the complaint.
10    (d) The notice requirements imposed on the Legislative
11Inspector General by this Section shall be waived if the
12Legislative Inspector General is unable to identify or locate
13the complainant.
14    (e) (Blank). A complainant receiving a copy of any summary
15report, in whole or in part, under this Section shall keep the
16report confidential and shall not disclose the report prior to
17the publication of the report by the Legislative Ethics
18Commission. A complainant that violates this subsection (e)
19shall be subject to an administrative fine by the Legislative
20Ethics Commission of up to $5,000.
21(Source: P.A. 101-221, eff. 8-9-19; revised 9-12-19.)
 
22    (5 ILCS 430/25-90)
23    Sec. 25-90. Confidentiality.
24    (a) The identity of any individual providing information or
25reporting any possible or alleged misconduct to the Legislative

 

 

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1Inspector General or the Legislative Ethics Commission shall be
2kept confidential and may not be disclosed without the consent
3of that individual, unless the individual consents to
4disclosure of his or her name or disclosure of the individual's
5identity is otherwise required by law. The confidentiality
6granted by this subsection does not preclude the disclosure of
7the identity of a person in any capacity other than as the
8source of an allegation.
9    (b) Subject to the provisions of Section 25-50(c),
10commissioners, employees, and agents of the Legislative Ethics
11Commission, the Legislative Inspector General, and employees
12and agents of the Office of the Legislative Inspector General
13shall keep confidential and shall not disclose information
14exempted from disclosure under the Freedom of Information Act
15or by this Act.
16    (c) In his or her discretion, the Legislative Inspector
17General may notify complainants and subjects of an
18investigation with an update on the status of the respective
19investigation, including when the investigation is opened and
20closed.
21    (d) A complainant, as defined in subsection (a) of Section
2225-63, or a respondent who receives a copy of any summary
23report, in whole or in part, shall keep the report confidential
24and shall not disclose the report, or any portion thereof,
25prior to the publication of the summary report by the
26Legislative Ethics Commission pursuant to this Act. A

 

 

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1complainant or respondent who violates this subsection (d)
2shall be in violation of this Act and subject to an
3administrative fine by the Legislative Ethics Commission of up
4to $5,000.
5(Source: P.A. 100-588, eff. 6-8-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.