Illinois General Assembly - Full Text of HB5499
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5499  102nd General Assembly

HB5499 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5499

 

Introduced 1/31/2022, by Rep. Lindsey LaPointe

 

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 that resulted in violations of the Act and other founded wrongful acts within Legislative Inspector General's jurisdiction, 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.


LRB102 25309 RJF 34583 b

 

 

A BILL FOR

 

HB5499LRB102 25309 RJF 34583 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-5, 25-20, and 25-52 as
6follows:
 
7    (5 ILCS 430/25-5)
8    Sec. 25-5. Legislative Ethics Commission.
9    (a) The Legislative Ethics Commission is created.
10    (b) The Legislative Ethics Commission shall consist of 8
11commissioners appointed 2 each by the President and Minority
12Leader of the Senate and the Speaker and Minority Leader of the
13House of Representatives.
14    The terms of the initial commissioners shall commence upon
15qualification. Each appointing authority shall designate one
16appointee who shall serve for a 2-year term running through
17June 30, 2005. Each appointing authority shall designate one
18appointee who shall serve for a 4-year term running through
19June 30, 2007. The initial appointments shall be made within
2060 days after the effective date of this Act.
21    After the initial terms, commissioners shall serve for
224-year terms commencing on July 1 of the year of appointment
23and running through June 30 of the fourth following year.

 

 

HB5499- 2 -LRB102 25309 RJF 34583 b

1Commissioners may be reappointed to one or more subsequent
2terms.
3    A vacancy shall occur upon a commissioner's death,
4resignation, removal, disqualification, termination of
5legislative service in the house or caucus of the appointing
6authority, or other inability to act. Vacancies occurring
7other than at the end of a term shall be filled by the
8appointing authority only for the balance of the term of the
9commissioner whose office is vacant.
10    Terms shall run regardless of whether the position is
11filled.
12    (c) The appointing authorities shall appoint commissioners
13who have experience holding governmental office or employment
14and may appoint commissioners who are members of the General
15Assembly and each appointing authority shall appoint at least
16one commissioner as well as commissioners from the general
17public. A commissioner who is a member of the General Assembly
18must recuse himself or herself from participating in any
19matter relating to any investigation or proceeding in which he
20or she is the subject or is a complainant. A person is not
21eligible to serve as a commissioner if that person (i) has been
22convicted of a felony or a crime of dishonesty or moral
23turpitude, (ii) is, or was within the preceding 12 months,
24engaged in activities that require registration under the
25Lobbyist Registration Act, (iii) is a relative of the
26appointing authority, (iv) is a State officer or employee

 

 

HB5499- 3 -LRB102 25309 RJF 34583 b

1other than a member of the General Assembly, or (v) is a
2candidate for statewide, federal, or judicial office.
3    (c-5) If a commissioner is required to recuse himself or
4herself from participating in a matter as provided in
5subsection (c), the recusal shall create a temporary vacancy
6for the limited purpose of consideration of the matter for
7which the commissioner recused himself or herself, and the
8appointing authority for the recusing commissioner shall make
9a temporary appointment to fill the vacancy for consideration
10of the matter for which the commissioner recused himself or
11herself.
12    (d) The Legislative Ethics Commission shall have
13jurisdiction over current and former members of the General
14Assembly regarding events occurring during a member's term of
15office and current and former State employees regarding events
16occurring during any period of employment where the State
17employee's ultimate jurisdictional authority is (i) a
18legislative leader, (ii) the Senate Operations Commission, or
19(iii) the Joint Committee on Legislative Support Services. The
20Legislative Ethics Commission shall have jurisdiction over
21complainants and respondents in violation of subsection (d) of
22Section 25-90. The jurisdiction of the Commission is limited
23to matters arising under this Act.
24    An officer or executive branch State employee serving on a
25legislative branch board or commission remains subject to the
26jurisdiction of the Executive Ethics Commission and is not

 

 

HB5499- 4 -LRB102 25309 RJF 34583 b

1subject to the jurisdiction of the Legislative Ethics
2Commission.
3    (e) The Legislative Ethics Commission must meet, either in
4person or by other technological means, monthly or as often as
5necessary. At the first meeting of the Legislative Ethics
6Commission, the commissioners shall choose from their number a
7chairperson and other officers that they deem appropriate. The
8terms of officers shall be for 2 years commencing July 1 and
9running through June 30 of the second following year. Meetings
10shall be held at the call of the chairperson or any 3
11commissioners. Official action by the Commission shall require
12the affirmative vote of 5 commissioners, and a quorum shall
13consist of 5 commissioners. Commissioners shall receive no
14compensation but may be reimbursed for their reasonable
15expenses actually incurred in the performance of their duties.
16    (f) No commissioner, other than a commissioner who is a
17member of the General Assembly, or employee of the Legislative
18Ethics Commission may during his or her term of appointment or
19employment:
20        (1) become a candidate for any elective office;
21        (2) hold any other elected or appointed public office
22    except for appointments on governmental advisory boards or
23    study commissions or as otherwise expressly authorized by
24    law;
25        (3) be actively involved in the affairs of any
26    political party or political organization; or

 

 

HB5499- 5 -LRB102 25309 RJF 34583 b

1        (4) advocate for the appointment of another person to
2    an appointed or elected office or position or actively
3    participate in any campaign for any elective office.
4    (f-5) No commissioner who is a member of the General
5Assembly may be a candidate for statewide, federal, or
6judicial office. If a commissioner who is a member of the
7General Assembly files petitions to be a candidate for a
8statewide, federal, or judicial office, he or she shall be
9deemed to have resigned from his or her position as a
10commissioner on the date his or her name is certified for the
11ballot by the State Board of Elections or local election
12authority and his or her position as a commissioner shall be
13deemed vacant. Such person may not be reappointed to the
14Commission during any time he or she is a candidate for
15statewide, federal, or judicial office.
16    (g) An appointing authority may remove a commissioner only
17for cause.
18    (h) The Legislative Ethics Commission shall appoint an
19Executive Director subject to the approval of at least 3 of the
204 legislative leaders. The compensation of the Executive
21Director shall be as determined by the Commission. The
22Executive Director of the Legislative Ethics Commission may
23employ, subject to the approval of at least 3 of the 4
24legislative leaders, and determine the compensation of staff,
25as appropriations permit.
26    (i) In consultation with the Legislative Inspector

 

 

HB5499- 6 -LRB102 25309 RJF 34583 b

1General, the Legislative Ethics Commission may develop
2comprehensive training for members and employees under its
3jurisdiction that includes, but is not limited to, sexual
4harassment, employment discrimination, and workplace civility.
5The training may be recommended to the ultimate jurisdictional
6authorities and may be approved by the Commission to satisfy
7the sexual harassment training required under Section 5-10.5
8or be provided in addition to the annual sexual harassment
9training required under Section 5-10.5. The Commission may
10seek input from governmental agencies or private entities for
11guidance in developing such training.
12(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
13101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
 
14    (5 ILCS 430/25-20)
15    Sec. 25-20. Duties of the Legislative Inspector General.
16In addition to duties otherwise assigned by law, the
17Legislative Inspector General shall have the following duties:
18        (1) To receive and investigate, without advance
19    approval of the Legislative Ethics Commission, allegations
20    of violations of this Act and other wrongful acts within
21    his or her jurisdiction based on a complaint. Except as
22    otherwise provided in paragraph (1.5), an investigation
23    may not be initiated more than one year after the alleged
24    wrongful act or the most recent act of a series of alleged
25    wrongful acts based on the same wrongful conduct except if

 

 

HB5499- 7 -LRB102 25309 RJF 34583 b

1    there is reasonable cause to believe that fraudulent
2    concealment has occurred. To constitute fraudulent
3    concealment sufficient to toll this limitations period,
4    there must be an affirmative act or representation
5    calculated to prevent discovery of the fact that a
6    violation or other wrongful act has occurred. The
7    Legislative Inspector General shall have the discretion to
8    determine the appropriate means of investigation as
9    permitted by law.
10        (1.5) Notwithstanding any provision of law to the
11    contrary, the Legislative Inspector General, whether
12    appointed by the Legislative Ethics Commission or the
13    General Assembly, may initiate an investigation based on
14    information provided to the Office of the Legislative
15    Inspector General or the Legislative Ethics Commission
16    during the period from December 1, 2014 through November
17    3, 2017. Any investigation initiated under this paragraph
18    (1.5) must be initiated within one year after the
19    effective date of this amendatory Act of the 100th General
20    Assembly.
21        Notwithstanding any provision of law to the contrary,
22    the Legislative Inspector General, through the Attorney
23    General, shall have the authority to file a complaint
24    related to any founded violations that occurred during the
25    period December 1, 2014 through November 3, 2017 to the
26    Legislative Ethics Commission, and the Commission shall

 

 

HB5499- 8 -LRB102 25309 RJF 34583 b

1    have jurisdiction to conduct administrative hearings
2    related to any pleadings filed by the Legislative
3    Inspector General, provided the complaint is filed with
4    the Commission no later than 6 months after the summary
5    report is provided to the Attorney General in accordance
6    with subsection (c) of Section 25-50.
7        (2) To request information relating to an
8    investigation from any person when the Legislative
9    Inspector General deems that information necessary in
10    conducting an investigation.
11        (3) To issue subpoenas, with the advance approval of
12    the Commission, to compel the attendance of witnesses for
13    the purposes of testimony and production of documents and
14    other items for inspection and copying and to make service
15    of those subpoenas and subpoenas issued under item (7) of
16    Section 25-15.
17        (4) To submit reports as required by this Act.
18        (5) To file pleadings in the name of the Legislative
19    Inspector General with the Legislative Ethics Commission,
20    through the Attorney General, as provided in this Article
21    if the Attorney General finds that reasonable cause exists
22    to believe that a violation has occurred.
23        (6) To assist and coordinate the ethics officers for
24    State agencies under the jurisdiction of the Legislative
25    Inspector General and to work with those ethics officers.
26        (7) To participate in or conduct, when appropriate,

 

 

HB5499- 9 -LRB102 25309 RJF 34583 b

1    multi-jurisdictional investigations.
2        (8) To request, as the Legislative Inspector General
3    deems appropriate, from ethics officers of State agencies
4    under his or her jurisdiction, reports or information on
5    (i) the content of a State agency's ethics training
6    program and (ii) the percentage of new officers and
7    employees who have completed ethics training.
8        (9) To establish a policy that ensures the appropriate
9    handling and correct recording of all investigations of
10    allegations and to ensure that the policy is accessible
11    via the Internet in order that those seeking to report
12    those allegations are familiar with the process and that
13    the subjects of those allegations are treated fairly.
14        (10) To post information to the Legislative Inspector
15    General's website explaining to complainants and subjects
16    of an investigation the legal limitations on the
17    Legislative Inspector General's ability to provide
18    information to them and a general overview of the
19    investigation process.
20(Source: P.A. 102-664, eff. 1-1-22.)
 
21    (5 ILCS 430/25-52)
22    Sec. 25-52. Release of summary reports.
23    (a) Within 60 days after the Legislative Ethics
24Commission's receipt of a summary report and response from the
25ultimate jurisdictional authority or agency head that resulted

 

 

HB5499- 10 -LRB102 25309 RJF 34583 b

1in violations of this Act and other founded wrongful acts
2within Legislative Inspector General's jurisdiction a
3suspension of at least 3 days or termination of employment,
4the Legislative Inspector General Ethics Commission shall make
5available to the public the report and response or a redacted
6version of the report and response. The Legislative Inspector
7General Ethics Commission may make available to the public any
8other summary report and response of the ultimate
9jurisdictional authority or agency head or a redacted version
10of the report and response without prior approval from the
11Legislative Ethics Commission. The Legislative Ethics
12Commission shall adopt no rule requiring the Legislative
13Inspector General to seek the Commission's advance approval
14before publishing summary reports authorized under this
15Article. Any existing rule, as of the effective date of this
16amendatory Act of the 102nd General Assembly, requiring the
17Legislative Inspector General to seek the Commission's advance
18approval before commencing any investigation is void.
19    (b) The Legislative Inspector General Ethics Commission
20shall redact information in the summary report that may reveal
21the identity of witnesses, complainants, or informants or if
22the Legislative Inspector General Commission determines it is
23appropriate to protect the identity of a person before
24publication. The Commission may also redact any information it
25believes should not be made public. Prior to publication, the
26Legislative Inspector General Commission shall permit the

 

 

HB5499- 11 -LRB102 25309 RJF 34583 b

1respondents, Legislative Ethics Commission Inspector General,
2and Attorney General to review documents to be made public and
3offer suggestions for redaction or provide a response that
4shall be made public with the summary report.
5    (c) The Legislative Ethics Commission may withhold
6publication of the report or response if the Legislative
7Inspector General or Attorney General certifies that
8publication will interfere with an ongoing investigation.
9(Source: P.A. 96-555, eff. 8-18-09.)