Illinois 2025-2026 Regular Session

Illinois House Bill HB3562 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3562 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 5 ILCS 430/25-55 ILCS 430/25-205 ILCS 430/25-52 Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes. LRB104 07845 BDA 17891 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3562 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 5 ILCS 430/25-55 ILCS 430/25-205 ILCS 430/25-52 5 ILCS 430/25-5 5 ILCS 430/25-20 5 ILCS 430/25-52 Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes. LRB104 07845 BDA 17891 b LRB104 07845 BDA 17891 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3562 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
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77 Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes.
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1313 1 AN ACT concerning government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The State Officials and Employees Ethics Act is
1717 5 amended by changing Sections 25-5, 25-20, and 25-52 as
1818 6 follows:
1919 7 (5 ILCS 430/25-5)
2020 8 Sec. 25-5. Legislative Ethics Commission.
2121 9 (a) The Legislative Ethics Commission is created.
2222 10 (b) The Legislative Ethics Commission shall consist of 8
2323 11 commissioners appointed 2 each by the President and Minority
2424 12 Leader of the Senate and the Speaker and Minority Leader of the
2525 13 House of Representatives.
2626 14 The terms of the initial commissioners shall commence upon
2727 15 qualification. Each appointing authority shall designate one
2828 16 appointee who shall serve for a 2-year term running through
2929 17 June 30, 2005. Each appointing authority shall designate one
3030 18 appointee who shall serve for a 4-year term running through
3131 19 June 30, 2007. The initial appointments shall be made within
3232 20 60 days after the effective date of this Act.
3333 21 After the initial terms, commissioners shall serve for
3434 22 4-year terms commencing on July 1 of the year of appointment
3535 23 and running through June 30 of the fourth following year.
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3562 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
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4444 Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head regarding a potential violation of this Act or potential wrongful acts within the jurisdiction of the Legislative Inspector General, the Legislative Inspector General (rather than the Commission) shall make available to the public the report and response or a redacted version of the report and response. Provides that the Legislative Inspector General (rather than the Commission) may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Commission. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before publishing summary reports. Provides for the redaction of summary reports by the Legislative Inspector General and related requirements. Makes conforming and other changes.
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7474 1 Commissioners may be reappointed to one or more subsequent
7575 2 terms.
7676 3 A vacancy shall occur upon a commissioner's death,
7777 4 resignation, removal, disqualification, termination of
7878 5 legislative service in the house or caucus of the appointing
7979 6 authority, or other inability to act. Vacancies occurring
8080 7 other than at the end of a term shall be filled by the
8181 8 appointing authority only for the balance of the term of the
8282 9 commissioner whose office is vacant.
8383 10 Terms shall run regardless of whether the position is
8484 11 filled.
8585 12 (c) The appointing authorities shall appoint commissioners
8686 13 who have experience holding governmental office or employment
8787 14 and may appoint commissioners who are members of the General
8888 15 Assembly, and each appointing authority shall appoint at least
8989 16 one commissioner as well as commissioners from the general
9090 17 public. A commissioner who is a member of the General Assembly
9191 18 must recuse himself or herself from participating in any
9292 19 matter relating to any investigation or proceeding in which he
9393 20 or she is the subject or is a complainant. A person is not
9494 21 eligible to serve as a commissioner if that person (i) has been
9595 22 convicted of a felony or a crime of dishonesty or moral
9696 23 turpitude, (ii) is, or was within the preceding 12 months,
9797 24 engaged in activities that require registration under the
9898 25 Lobbyist Registration Act, (iii) is a relative of the
9999 26 appointing authority, (iv) is a State officer or employee
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110110 1 other than a member of the General Assembly, or (v) is a
111111 2 candidate for statewide, federal, or judicial office.
112112 3 (c-5) If a commissioner is required to recuse himself or
113113 4 herself from participating in a matter as provided in
114114 5 subsection (c), the recusal shall create a temporary vacancy
115115 6 for the limited purpose of consideration of the matter for
116116 7 which the commissioner recused himself or herself, and the
117117 8 appointing authority for the recusing commissioner shall make
118118 9 a temporary appointment to fill the vacancy for consideration
119119 10 of the matter for which the commissioner recused himself or
120120 11 herself.
121121 12 (d) The Legislative Ethics Commission shall have
122122 13 jurisdiction over current and former members of the General
123123 14 Assembly regarding events occurring during a member's term of
124124 15 office and current and former State employees regarding events
125125 16 occurring during any period of employment where the State
126126 17 employee's ultimate jurisdictional authority is (i) a
127127 18 legislative leader, (ii) the Senate Operations Commission, or
128128 19 (iii) the Joint Committee on Legislative Support Services. The
129129 20 Legislative Ethics Commission shall have jurisdiction over
130130 21 complainants and respondents in violation of subsection (d) of
131131 22 Section 25-90. The jurisdiction of the Commission is limited
132132 23 to matters arising under this Act.
133133 24 An officer or executive branch State employee serving on a
134134 25 legislative branch board or commission remains subject to the
135135 26 jurisdiction of the Executive Ethics Commission and is not
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146146 1 subject to the jurisdiction of the Legislative Ethics
147147 2 Commission.
148148 3 (e) The Legislative Ethics Commission must meet, either in
149149 4 person or by other technological means, monthly or as often as
150150 5 necessary. At the first meeting of the Legislative Ethics
151151 6 Commission, the commissioners shall choose from their number a
152152 7 chairperson and other officers that they deem appropriate. The
153153 8 terms of officers shall be for 2 years commencing July 1 and
154154 9 running through June 30 of the second following year. Meetings
155155 10 shall be held at the call of the chairperson or any 3
156156 11 commissioners. Official action by the Commission shall require
157157 12 the affirmative vote of 5 commissioners, and a quorum shall
158158 13 consist of 5 commissioners. Commissioners shall receive no
159159 14 compensation but may be reimbursed for their reasonable
160160 15 expenses actually incurred in the performance of their duties.
161161 16 (f) No commissioner, other than a commissioner who is a
162162 17 member of the General Assembly, or employee of the Legislative
163163 18 Ethics Commission may during his or her term of appointment or
164164 19 employment:
165165 20 (1) become a candidate for any elective office;
166166 21 (2) hold any other elected or appointed public office
167167 22 except for appointments on governmental advisory boards or
168168 23 study commissions or as otherwise expressly authorized by
169169 24 law;
170170 25 (3) be actively involved in the affairs of any
171171 26 political party or political organization; or
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182182 1 (4) advocate for the appointment of another person to
183183 2 an appointed or elected office or position or actively
184184 3 participate in any campaign for any elective office.
185185 4 (f-5) No commissioner who is a member of the General
186186 5 Assembly may be a candidate for statewide, federal, or
187187 6 judicial office. If a commissioner who is a member of the
188188 7 General Assembly files petitions to be a candidate for a
189189 8 statewide, federal, or judicial office, he or she shall be
190190 9 deemed to have resigned from his or her position as a
191191 10 commissioner on the date his or her name is certified for the
192192 11 ballot by the State Board of Elections or local election
193193 12 authority and his or her position as a commissioner shall be
194194 13 deemed vacant. Such person may not be reappointed to the
195195 14 Commission during any time he or she is a candidate for
196196 15 statewide, federal, or judicial office.
197197 16 (g) An appointing authority may remove a commissioner only
198198 17 for cause.
199199 18 (h) The Legislative Ethics Commission shall appoint an
200200 19 Executive Director subject to the approval of at least 3 of the
201201 20 4 legislative leaders. The compensation of the Executive
202202 21 Director shall be as determined by the Commission. The
203203 22 Executive Director of the Legislative Ethics Commission may
204204 23 employ, subject to the approval of at least 3 of the 4
205205 24 legislative leaders, and determine the compensation of staff,
206206 25 as appropriations permit.
207207 26 (i) In consultation with the Legislative Inspector
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218218 1 General, the Legislative Ethics Commission may develop
219219 2 comprehensive training for members and employees under its
220220 3 jurisdiction that includes, but is not limited to, sexual
221221 4 harassment, employment discrimination, and workplace civility.
222222 5 The training may be recommended to the ultimate jurisdictional
223223 6 authorities and may be approved by the Commission to satisfy
224224 7 the sexual harassment training required under Section 5-10.5
225225 8 or be provided in addition to the annual sexual harassment
226226 9 training required under Section 5-10.5. The Commission may
227227 10 seek input from governmental agencies or private entities for
228228 11 guidance in developing such training.
229229 12 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
230230 13 101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
231231 14 (5 ILCS 430/25-20)
232232 15 Sec. 25-20. Duties of the Legislative Inspector General.
233233 16 In addition to duties otherwise assigned by law, the
234234 17 Legislative Inspector General shall have the following duties:
235235 18 (1) To receive and investigate, without advance
236236 19 approval of the Legislative Ethics Commission, allegations
237237 20 of violations of this Act and other wrongful acts within
238238 21 his or her jurisdiction based on a complaint. Except as
239239 22 otherwise provided in paragraph (1.5), an investigation
240240 23 may not be initiated more than one year after the alleged
241241 24 wrongful act or the most recent act of a series of alleged
242242 25 wrongful acts based on the same wrongful conduct except if
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253253 1 there is reasonable cause to believe that fraudulent
254254 2 concealment has occurred. To constitute fraudulent
255255 3 concealment sufficient to toll this limitations period,
256256 4 there must be an affirmative act or representation
257257 5 calculated to prevent discovery of the fact that a
258258 6 violation or other wrongful act has occurred. The
259259 7 Legislative Inspector General shall have the discretion to
260260 8 determine the appropriate means of investigation as
261261 9 permitted by law.
262262 10 (1.5) Notwithstanding any provision of law to the
263263 11 contrary, the Legislative Inspector General, whether
264264 12 appointed by the Legislative Ethics Commission or the
265265 13 General Assembly, may initiate an investigation based on
266266 14 information provided to the Office of the Legislative
267267 15 Inspector General or the Legislative Ethics Commission
268268 16 during the period from December 1, 2014 through November
269269 17 3, 2017. Any investigation initiated under this paragraph
270270 18 (1.5) must be initiated within one year after the
271271 19 effective date of this amendatory Act of the 100th General
272272 20 Assembly.
273273 21 Notwithstanding any provision of law to the contrary,
274274 22 the Legislative Inspector General, through the Attorney
275275 23 General, shall have the authority to file a complaint
276276 24 related to any founded violations that occurred during the
277277 25 period December 1, 2014 through November 3, 2017 to the
278278 26 Legislative Ethics Commission, and the Commission shall
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289289 1 have jurisdiction to conduct administrative hearings
290290 2 related to any pleadings filed by the Legislative
291291 3 Inspector General, provided the complaint is filed with
292292 4 the Commission no later than 6 months after the summary
293293 5 report is provided to the Attorney General in accordance
294294 6 with subsection (c) of Section 25-50.
295295 7 (2) To request information relating to an
296296 8 investigation from any person when the Legislative
297297 9 Inspector General deems that information necessary in
298298 10 conducting an investigation.
299299 11 (3) To issue subpoenas, with the advance approval of
300300 12 the Commission, to compel the attendance of witnesses for
301301 13 the purposes of testimony and production of documents and
302302 14 other items for inspection and copying, and to make
303303 15 service of those subpoenas and subpoenas issued under item
304304 16 (7) of Section 25-15.
305305 17 (4) To submit reports as required by this Act.
306306 18 (5) To file pleadings in the name of the Legislative
307307 19 Inspector General with the Legislative Ethics Commission,
308308 20 through the Attorney General, as provided in this Article
309309 21 if the Attorney General finds that reasonable cause exists
310310 22 to believe that a violation has occurred.
311311 23 (6) To assist and coordinate the ethics officers for
312312 24 State agencies under the jurisdiction of the Legislative
313313 25 Inspector General and to work with those ethics officers.
314314 26 (7) To participate in or conduct, when appropriate,
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325325 1 multi-jurisdictional investigations.
326326 2 (8) To request, as the Legislative Inspector General
327327 3 deems appropriate, from ethics officers of State agencies
328328 4 under his or her jurisdiction, reports or information on
329329 5 (i) the content of a State agency's ethics training
330330 6 program and (ii) the percentage of new officers and
331331 7 employees who have completed ethics training.
332332 8 (9) To establish a policy that ensures the appropriate
333333 9 handling and correct recording of all investigations of
334334 10 allegations and to ensure that the policy is accessible
335335 11 via the Internet in order that those seeking to report
336336 12 those allegations are familiar with the process and that
337337 13 the subjects of those allegations are treated fairly.
338338 14 (10) To post information to the Legislative Inspector
339339 15 General's website explaining to complainants and subjects
340340 16 of an investigation the legal limitations on the
341341 17 Legislative Inspector General's ability to provide
342342 18 information to them and a general overview of the
343343 19 investigation process.
344344 20 (Source: P.A. 102-664, eff. 1-1-22.)
345345 21 (5 ILCS 430/25-52)
346346 22 Sec. 25-52. Release of summary reports.
347347 23 (a) Within 60 days after the Legislative Ethics
348348 24 Commission's receipt of a summary report and response from the
349349 25 ultimate jurisdictional authority or agency head regarding a
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360360 1 potential violation of this Act or potential wrongful acts
361361 2 within the jurisdiction of the Legislative Inspector General
362362 3 that resulted in a suspension of at least 3 days or termination
363363 4 of employment, the Legislative Inspector General Ethics
364364 5 Commission shall make available to the public the report and
365365 6 response or a redacted version of the report and response. The
366366 7 Legislative Inspector General Ethics Commission may make
367367 8 available to the public any other summary report and response
368368 9 of the ultimate jurisdictional authority or agency head or a
369369 10 redacted version of the report and response without prior
370370 11 approval from the Legislative Ethics Commission. The
371371 12 Legislative Ethics Commission shall adopt no rule requiring
372372 13 the Legislative Inspector General to seek the Commission's
373373 14 advance approval before publishing summary reports authorized
374374 15 under this Article. Any commission rule in existence on, the
375375 16 effective date of this amendatory Act of the 104th General
376376 17 Assembly requiring the Legislative Inspector General to seek
377377 18 the Commission's advance approval before commencing any
378378 19 investigation is void.
379379 20 (b) The Legislative Inspector General Ethics Commission
380380 21 shall redact information in the summary report that may reveal
381381 22 the identity of witnesses, complainants, or informants or if
382382 23 the Legislative Inspector General Commission determines it is
383383 24 appropriate to protect the identity of a person before
384384 25 publication. The Commission may also redact any information it
385385 26 believes should not be made public. Prior to publication, the
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