Illinois 2025-2026 Regular Session

Illinois House Bill HB2795 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2795 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 5 ILCS 420/3-202 from Ch. 127, par. 603-2025 ILCS 430/25-155 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. LRB104 09744 BDA 19810 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2795 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 5 ILCS 420/3-202 from Ch. 127, par. 603-2025 ILCS 430/25-155 ILCS 430/25-20 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. LRB104 09744 BDA 19810 b LRB104 09744 BDA 19810 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2795 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 420/3-202 from Ch. 127, par. 603-2025 ILCS 430/25-155 ILCS 430/25-20 5 ILCS 420/3-202 from Ch. 127, par. 603-202 5 ILCS 430/25-15 5 ILCS 430/25-20
4	4	5 ILCS 420/3-202 from Ch. 127, par. 603-202
5	5	5 ILCS 430/25-15
6	6	5 ILCS 430/25-20
7	7	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.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning government.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Governmental Ethics Act is amended
17	17	5 by changing Section 3-202 as follows:
18	18	6 (5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
19	19	7 Sec. 3-202. When a legislator must take official action on
20	20	8 a legislative matter as to which the legislator he has a
21	21	9 conflict situation created by a personal, family, or client
22	22	10 legislative interest, the legislator he should consider the
23	23	11 possibility of eliminating the interest creating the conflict
24	24	12 situation. If that is not feasible, the legislator he should
25	25	13 consider the possibility of abstaining from such official
26	26	14 action. In making a his decision as to abstention, the
27	27	15 legislator should consider the following factors should be
28	28	16 considered:
29	29	17 a. whether a substantial threat to the legislator's
30	30	18 his independence of judgment has been created by the
31	31	19 conflict situation;
32	32	20 b. the effect of the legislator's his participation on
33	33	21 public confidence in the integrity of the legislature;
34	34	22 c. whether the legislator's his participation is
35	35	23 likely to have any significant effect on the disposition
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2795 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
40	40	5 ILCS 420/3-202 from Ch. 127, par. 603-2025 ILCS 430/25-155 ILCS 430/25-20 5 ILCS 420/3-202 from Ch. 127, par. 603-202 5 ILCS 430/25-15 5 ILCS 430/25-20
41	41	5 ILCS 420/3-202 from Ch. 127, par. 603-202
42	42	5 ILCS 430/25-15
43	43	5 ILCS 430/25-20
44	44	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.
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46	46	LRB104 09744 BDA 19810 b
47	47	A BILL FOR
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53	53	5 ILCS 420/3-202 from Ch. 127, par. 603-202
54	54	5 ILCS 430/25-15
55	55	5 ILCS 430/25-20
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74	74	1 of the matter;
75	75	2 d. the need for the legislator's his particular
76	76	3 contribution, such as special knowledge of the subject
77	77	4 matter, to the effective functioning of the legislature.
78	78	5 Upon discovery of a conflict situation, the legislator
79	79	6 shall disclose the conflict by notifying the Office of the
80	80	7 Legislative Inspector General.
81	81	8 Regardless of any advisory opinion, the legislator He need
82	82	9 not abstain if the legislator he decides to participate in a
83	83	10 manner contrary to the economic interest which creates the
84	84	11 conflict situation.
85	85	12 If the legislator he does abstain, the legislator he
86	86	13 should disclose that fact to the legislator's his respective
87	87	14 legislative body.
88	88	15 As used in this Section, "conflict situation" means any
89	89	16 circumstance that (i) involves a legislator, the legislator's
90	90	17 immediate family, or a business in which the legislator or the
91	91	18 legislator's immediate family holds a direct or indirect
92	92	19 economic interest, (ii) is related to a specific matter
93	93	20 pending before the legislator, and (iii) may result in a
94	94	21 private pecuniary benefit to the legislator, the legislator's
95	95	22 immediate family, or one or more businesses in which the
96	96	23 legislator is involved.
97	97	24 (Source: P.A. 100-201, eff. 8-18-17.)
98	98	25 Section 10. The State Officials and Employees Ethics Act
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109	109	1 is amended by changing Sections 25-15 and 25-20 as follows:
110	110	2 (5 ILCS 430/25-15)
111	111	3 Sec. 25-15. Duties of the Legislative Ethics Commission.
112	112	4 In addition to duties otherwise assigned by law, the
113	113	5 Legislative Ethics Commission shall have the following duties:
114	114	6 (1) To promulgate rules governing the performance of
115	115	7 its duties and the exercise of its powers and governing
116	116	8 the investigations of the Legislative Inspector General;
117	117	9 except that, the Legislative Ethics Commission shall adopt
118	118	10 no rule requiring the Legislative Inspector General to
119	119	11 seek the Commission's advance approval before commencing
120	120	12 any investigation authorized under this Article. Any
121	121	13 existing rule, as of the effective date of this amendatory
122	122	14 Act of the 102nd General Assembly, requiring the
123	123	15 Legislative Inspector General to seek the Commission's
124	124	16 advance approval before commencing any investigation is
125	125	17 void. The rules shall be available on the Commission's
126	126	18 website and any proposed changes to the rules must be made
127	127	19 available to the public on the Commission's website no
128	128	20 less than 7 days before the adoption of the changes. Any
129	129	21 person shall be given an opportunity to provide written or
130	130	22 oral testimony before the Commission in support of or
131	131	23 opposition to proposed rules.
132	132	24 (2) To conduct administrative hearings and rule on
133	133	25 matters brought before the Commission only upon the
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144	144	1 receipt of pleadings filed by the Legislative Inspector
145	145	2 General and not upon its own prerogative, but may appoint
146	146	3 special Legislative Inspectors General as provided in
147	147	4 Section 25-21. Any other allegations of misconduct
148	148	5 received by the Commission from a person other than the
149	149	6 Legislative Inspector General shall be referred to the
150	150	7 Office of the Legislative Inspector General.
151	151	8 (3) To prepare and publish manuals and guides and,
152	152	9 working with the Office of the Attorney General, oversee
153	153	10 training of employees under its jurisdiction that explains
154	154	11 their duties.
155	155	12 (4) To prepare public information materials to
156	156	13 facilitate compliance, implementation, and enforcement of
157	157	14 this Act.
158	158	15 (5) To submit reports as required by this Act.
159	159	16 (6) To the extent authorized by this Act, to make
160	160	17 rulings, issue recommendations, and impose administrative
161	161	18 fines, if appropriate, in connection with the
162	162	19 implementation and interpretation of this Act. The powers
163	163	20 and duties of the Commission are limited to matters
164	164	21 clearly within the purview of this Act.
165	165	22 (7) To issue subpoenas with respect to matters pending
166	166	23 before the Commission, subject to the provisions of this
167	167	24 Article and in the discretion of the Commission, to compel
168	168	25 the attendance of witnesses for purposes of testimony and
169	169	26 the production of documents and other items for inspection
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180	180	1 and copying.
181	181	2 (8) To appoint special Legislative Inspectors General
182	182	3 as provided in Section 25-21.
183	183	4 (9) To conspicuously display on the Commission's
184	184	5 website the procedures for reporting a violation of this
185	185	6 Act, including how to report violations via email or
186	186	7 online.
187	187	8 (10) To conspicuously display on the Commission's
188	188	9 website any vacancies within the Office of the Legislative
189	189	10 Inspector General.
190	190	11 (11) To appoint an Acting Legislative Inspector
191	191	12 General in the event of a vacancy in the Office of the
192	192	13 Legislative Inspector General.
193	193	14 (12) To examine any conflict situation notice filed by
194	194	15 a member and referred to the Commission by the Office of
195	195	16 the Legislative Inspector General, as well as each bill
196	196	17 that is related to the conflict situation and that has
197	197	18 been filed and approved for consideration, and to provide
198	198	19 such a member with a formal advisory opinion and an
199	199	20 opportunity to respond to the Office of the Legislative
200	200	21 Inspector General.
201	201	22 (Source: P.A. 102-664, eff. 1-1-22.)
202	202	23 (5 ILCS 430/25-20)
203	203	24 Sec. 25-20. Duties of the Legislative Inspector General.
204	204	25 In addition to duties otherwise assigned by law, the
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215	215	1 Legislative Inspector General shall have the following duties:
216	216	2 (1) To receive and investigate, without advance
217	217	3 approval of the Legislative Ethics Commission, allegations
218	218	4 of violations of this Act and other wrongful acts within
219	219	5 his or her jurisdiction based on a complaint. Except as
220	220	6 otherwise provided in paragraph (1.5), an investigation
221	221	7 may not be initiated more than one year after the alleged
222	222	8 wrongful act or the most recent act of a series of alleged
223	223	9 wrongful acts based on the same wrongful conduct except if
224	224	10 there is reasonable cause to believe that fraudulent
225	225	11 concealment has occurred. To constitute fraudulent
226	226	12 concealment sufficient to toll this limitations period,
227	227	13 there must be an affirmative act or representation
228	228	14 calculated to prevent discovery of the fact that a
229	229	15 violation or other wrongful act has occurred. The
230	230	16 Legislative Inspector General shall have the discretion to
231	231	17 determine the appropriate means of investigation as
232	232	18 permitted by law.
233	233	19 (1.5) Notwithstanding any provision of law to the
234	234	20 contrary, the Legislative Inspector General, whether
235	235	21 appointed by the Legislative Ethics Commission or the
236	236	22 General Assembly, may initiate an investigation based on
237	237	23 information provided to the Office of the Legislative
238	238	24 Inspector General or the Legislative Ethics Commission
239	239	25 during the period from December 1, 2014 through November
240	240	26 3, 2017. Any investigation initiated under this paragraph
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251	251	1 (1.5) must be initiated within one year after the
252	252	2 effective date of this amendatory Act of the 100th General
253	253	3 Assembly.
254	254	4 Notwithstanding any provision of law to the contrary,
255	255	5 the Legislative Inspector General, through the Attorney
256	256	6 General, shall have the authority to file a complaint
257	257	7 related to any founded violations that occurred during the
258	258	8 period December 1, 2014 through November 3, 2017 to the
259	259	9 Legislative Ethics Commission, and the Commission shall
260	260	10 have jurisdiction to conduct administrative hearings
261	261	11 related to any pleadings filed by the Legislative
262	262	12 Inspector General, provided the complaint is filed with
263	263	13 the Commission no later than 6 months after the summary
264	264	14 report is provided to the Attorney General in accordance
265	265	15 with subsection (c) of Section 25-50.
266	266	16 (2) To request information relating to an
267	267	17 investigation from any person when the Legislative
268	268	18 Inspector General deems that information necessary in
269	269	19 conducting an investigation.
270	270	20 (3) To issue subpoenas, with the advance approval of
271	271	21 the Commission, to compel the attendance of witnesses for
272	272	22 the purposes of testimony and production of documents and
273	273	23 other items for inspection and copying and to make service
274	274	24 of those subpoenas and subpoenas issued under item (7) of
275	275	25 Section 25-15.
276	276	26 (4) To submit reports as required by this Act.
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287	287	1 (5) To file pleadings in the name of the Legislative
288	288	2 Inspector General with the Legislative Ethics Commission,
289	289	3 through the Attorney General, as provided in this Article
290	290	4 if the Attorney General finds that reasonable cause exists
291	291	5 to believe that a violation has occurred.
292	292	6 (6) To assist and coordinate the ethics officers for
293	293	7 State agencies under the jurisdiction of the Legislative
294	294	8 Inspector General and to work with those ethics officers.
295	295	9 (7) To participate in or conduct, when appropriate,
296	296	10 multi-jurisdictional investigations.
297	297	11 (8) To request, as the Legislative Inspector General
298	298	12 deems appropriate, from ethics officers of State agencies
299	299	13 under his or her jurisdiction, reports or information on
300	300	14 (i) the content of a State agency's ethics training
301	301	15 program and (ii) the percentage of new officers and
302	302	16 employees who have completed ethics training.
303	303	17 (9) To establish a policy that ensures the appropriate
304	304	18 handling and correct recording of all investigations of
305	305	19 allegations and to ensure that the policy is accessible
306	306	20 via the Internet in order that those seeking to report
307	307	21 those allegations are familiar with the process and that
308	308	22 the subjects of those allegations are treated fairly.
309	309	23 (10) To post information to the Legislative Inspector
310	310	24 General's website explaining to complainants and subjects
311	311	25 of an investigation the legal limitations on the
312	312	26 Legislative Inspector General's ability to provide
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