Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1815 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1815 Introduced 2/5/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-455 ILCS 430/20-55 ILCS 430/25-55 ILCS 430/50-5 Amends the State Officials and Employees Ethics Act. Provides that an employer shall not knowingly offer employment, compensation, or fees for services to a person if that person is prohibited by the Act's revolving door prohibitions from accepting employment, compensation, or fees for services from that employer. Grants the Executive Ethics Commission and the Legislative Ethics Commission jurisdiction over employers who make offers of employment, compensation, or fees for services in violation of this prohibition. Authorizes an ethics commission to impose a penalty of up to 3 times the total annual compensation that was offered in violation of this prohibition. LRB104 10715 BDA 20794 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1815 Introduced 2/5/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-455 ILCS 430/20-55 ILCS 430/25-55 ILCS 430/50-5 5 ILCS 430/5-45 5 ILCS 430/20-5 5 ILCS 430/25-5 5 ILCS 430/50-5 Amends the State Officials and Employees Ethics Act. Provides that an employer shall not knowingly offer employment, compensation, or fees for services to a person if that person is prohibited by the Act's revolving door prohibitions from accepting employment, compensation, or fees for services from that employer. Grants the Executive Ethics Commission and the Legislative Ethics Commission jurisdiction over employers who make offers of employment, compensation, or fees for services in violation of this prohibition. Authorizes an ethics commission to impose a penalty of up to 3 times the total annual compensation that was offered in violation of this prohibition. LRB104 10715 BDA 20794 b LRB104 10715 BDA 20794 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1815 Introduced 2/5/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/5-455 ILCS 430/20-55 ILCS 430/25-55 ILCS 430/50-5 5 ILCS 430/5-45 5 ILCS 430/20-5 5 ILCS 430/25-5 5 ILCS 430/50-5
4	4	5 ILCS 430/5-45
5	5	5 ILCS 430/20-5
6	6	5 ILCS 430/25-5
7	7	5 ILCS 430/50-5
8	8	Amends the State Officials and Employees Ethics Act. Provides that an employer shall not knowingly offer employment, compensation, or fees for services to a person if that person is prohibited by the Act's revolving door prohibitions from accepting employment, compensation, or fees for services from that employer. Grants the Executive Ethics Commission and the Legislative Ethics Commission jurisdiction over employers who make offers of employment, compensation, or fees for services in violation of this prohibition. Authorizes an ethics commission to impose a penalty of up to 3 times the total annual compensation that was offered in violation of this prohibition.
9	9	LRB104 10715 BDA 20794 b LRB104 10715 BDA 20794 b
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11	11	A BILL FOR
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14	14	1 AN ACT concerning government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The State Officials and Employees Ethics Act is
18	18	5 amended by changing Section 5-45, 20-5, 25-5, and 50-5 as
19	19	6 follows:
20	20	7 (5 ILCS 430/5-45)
21	21	8 Sec. 5-45. Procurement; revolving door prohibition.
22	22	9 (a) No former officer, member, or State employee, or
23	23	10 spouse or immediate family member living with such person,
24	24	11 shall, within a period of one year immediately after
25	25	12 termination of State employment, knowingly accept employment
26	26	13 or receive compensation or fees for services from a person or
27	27	14 entity if the officer, member, or State employee, during the
28	28	15 year immediately preceding termination of State employment,
29	29	16 participated personally and substantially in the award or
30	30	17 fiscal administration of State contracts, or the issuance of
31	31	18 State contract change orders, with a cumulative value of
32	32	19 $25,000 or more to the person or entity, or its parent or
33	33	20 subsidiary.
34	34	21 (a-5) No officer, member, or spouse or immediate family
35	35	22 member living with such person shall, during the officer or
36	36	23 member's term in office or within a period of 2 years
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1815 Introduced 2/5/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
41	41	5 ILCS 430/5-455 ILCS 430/20-55 ILCS 430/25-55 ILCS 430/50-5 5 ILCS 430/5-45 5 ILCS 430/20-5 5 ILCS 430/25-5 5 ILCS 430/50-5
42	42	5 ILCS 430/5-45
43	43	5 ILCS 430/20-5
44	44	5 ILCS 430/25-5
45	45	5 ILCS 430/50-5
46	46	Amends the State Officials and Employees Ethics Act. Provides that an employer shall not knowingly offer employment, compensation, or fees for services to a person if that person is prohibited by the Act's revolving door prohibitions from accepting employment, compensation, or fees for services from that employer. Grants the Executive Ethics Commission and the Legislative Ethics Commission jurisdiction over employers who make offers of employment, compensation, or fees for services in violation of this prohibition. Authorizes an ethics commission to impose a penalty of up to 3 times the total annual compensation that was offered in violation of this prohibition.
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49	49	A BILL FOR
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55	55	5 ILCS 430/5-45
56	56	5 ILCS 430/20-5
57	57	5 ILCS 430/25-5
58	58	5 ILCS 430/50-5
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77	77	1 immediately leaving office, hold an ownership interest, other
78	78	2 than a passive interest in a publicly traded company, in any
79	79	3 gaming license under the Illinois Gambling Act, the Video
80	80	4 Gaming Act, the Illinois Horse Racing Act of 1975, or the
81	81	5 Sports Wagering Act. Any member of the General Assembly or
82	82	6 spouse or immediate family member living with such person who
83	83	7 has an ownership interest, other than a passive interest in a
84	84	8 publicly traded company, in any gaming license under the
85	85	9 Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
86	86	10 the Video Gaming Act, or the Sports Wagering Act at the time of
87	87	11 the effective date of this amendatory Act of the 101st General
88	88	12 Assembly shall divest himself or herself of such ownership
89	89	13 within one year after the effective date of this amendatory
90	90	14 Act of the 101st General Assembly. No State employee who works
91	91	15 for the Illinois Gaming Board or Illinois Racing Board or
92	92	16 spouse or immediate family member living with such person
93	93	17 shall, during State employment or within a period of 2 years
94	94	18 immediately after termination of State employment, hold an
95	95	19 ownership interest, other than a passive interest in a
96	96	20 publicly traded company, in any gaming license under the
97	97	21 Illinois Gambling Act, the Video Gaming Act, the Illinois
98	98	22 Horse Racing Act of 1975, or the Sports Wagering Act.
99	99	23 (a-10) This subsection (a-10) applies on and after June
100	100	24 25, 2021. No officer, member, or spouse or immediate family
101	101	25 member living with such person, shall, during the officer or
102	102	26 member's term in office or within a period of 2 years
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113	113	1 immediately after leaving office, hold an ownership interest,
114	114	2 other than a passive interest in a publicly traded company, in
115	115	3 any cannabis business establishment which is licensed under
116	116	4 the Cannabis Regulation and Tax Act. Any member of the General
117	117	5 Assembly or spouse or immediate family member living with such
118	118	6 person who has an ownership interest, other than a passive
119	119	7 interest in a publicly traded company, in any cannabis
120	120	8 business establishment which is licensed under the Cannabis
121	121	9 Regulation and Tax Act at the time of the effective date of
122	122	10 this amendatory Act of the 101st General Assembly shall divest
123	123	11 himself or herself of such ownership within one year after the
124	124	12 effective date of this amendatory Act of the 101st General
125	125	13 Assembly.
126	126	14 No State employee who works for any State agency that
127	127	15 regulates cannabis business establishment license holders who
128	128	16 participated personally and substantially in the award of
129	129	17 licenses under the Cannabis Regulation and Tax Act or a spouse
130	130	18 or immediate family member living with such person shall,
131	131	19 during State employment or within a period of 2 years
132	132	20 immediately after termination of State employment, hold an
133	133	21 ownership interest, other than a passive interest in a
134	134	22 publicly traded company, in any cannabis license under the
135	135	23 Cannabis Regulation and Tax Act.
136	136	24 (b) No former officer of the executive branch or State
137	137	25 employee of the executive branch with regulatory or licensing
138	138	26 authority, or spouse or immediate family member living with
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149	149	1 such person, shall, within a period of one year immediately
150	150	2 after termination of State employment, knowingly accept
151	151	3 employment or receive compensation or fees for services from a
152	152	4 person or entity if the officer or State employee, during the
153	153	5 year immediately preceding termination of State employment,
154	154	6 participated personally and substantially in making a
155	155	7 regulatory or licensing decision that directly applied to the
156	156	8 person or entity, or its parent or subsidiary.
157	157	9 (b-5) Beginning January 1, 2022, no former officer of the
158	158	10 executive branch shall engage in activities at the State level
159	159	11 that require registration under the Lobbyist Registration Act
160	160	12 during the term of which he or she was elected or appointed
161	161	13 until 6 months after leaving office.
162	162	14 (b-7) Beginning the second Wednesday in January of 2023,
163	163	15 no former member shall engage in activities at the State level
164	164	16 that require registration under the Lobbyist Registration Act
165	165	17 in a General Assembly of which he or she was a member until 6
166	166	18 months after leaving office.
167	167	19 (c) Within 6 months after the effective date of this
168	168	20 amendatory Act of the 96th General Assembly, each executive
169	169	21 branch constitutional officer and legislative leader, the
170	170	22 Auditor General, and the Joint Committee on Legislative
171	171	23 Support Services shall adopt a policy delineating which State
172	172	24 positions under his or her jurisdiction and control, by the
173	173	25 nature of their duties, may have the authority to participate
174	174	26 personally and substantially in the award or fiscal
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185	185	1 administration of State contracts or in regulatory or
186	186	2 licensing decisions. The Governor shall adopt such a policy
187	187	3 for all State employees of the executive branch not under the
188	188	4 jurisdiction and control of any other executive branch
189	189	5 constitutional officer.
190	190	6 The policies required under subsection (c) of this Section
191	191	7 shall be filed with the appropriate ethics commission
192	192	8 established under this Act or, for the Auditor General, with
193	193	9 the Office of the Auditor General.
194	194	10 (d) Each Inspector General shall have the authority to
195	195	11 determine that additional State positions under his or her
196	196	12 jurisdiction, not otherwise subject to the policies required
197	197	13 by subsection (c) of this Section, are nonetheless subject to
198	198	14 the notification requirement of subsection (f) below due to
199	199	15 their involvement in the award or fiscal administration of
200	200	16 State contracts or in regulatory or licensing decisions.
201	201	17 (e) The Joint Committee on Legislative Support Services,
202	202	18 the Auditor General, and each of the executive branch
203	203	19 constitutional officers and legislative leaders subject to
204	204	20 subsection (c) of this Section shall provide written
205	205	21 notification to all employees in positions subject to the
206	206	22 policies required by subsection (c) or a determination made
207	207	23 under subsection (d): (1) upon hiring, promotion, or transfer
208	208	24 into the relevant position; and (2) at the time the employee's
209	209	25 duties are changed in such a way as to qualify that employee.
210	210	26 An employee receiving notification must certify in writing
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221	221	1 that the person was advised of the prohibition and the
222	222	2 requirement to notify the appropriate Inspector General in
223	223	3 subsection (f).
224	224	4 (f) Any State employee in a position subject to the
225	225	5 policies required by subsection (c) or to a determination
226	226	6 under subsection (d), but who does not fall within the
227	227	7 prohibition of subsection (h) below, who is offered non-State
228	228	8 employment during State employment or within a period of one
229	229	9 year immediately after termination of State employment shall,
230	230	10 prior to accepting such non-State employment, notify the
231	231	11 appropriate Inspector General. Within 10 calendar days after
232	232	12 receiving notification from an employee in a position subject
233	233	13 to the policies required by subsection (c), such Inspector
234	234	14 General shall make a determination as to whether the State
235	235	15 employee is restricted from accepting such employment by
236	236	16 subsection (a) or (b). In making a determination, in addition
237	237	17 to any other relevant information, an Inspector General shall
238	238	18 assess the effect of the prospective employment or
239	239	19 relationship upon decisions referred to in subsections (a) and
240	240	20 (b), based on the totality of the participation by the former
241	241	21 officer, member, or State employee in those decisions. A
242	242	22 determination by an Inspector General must be in writing,
243	243	23 signed and dated by the Inspector General, and delivered to
244	244	24 the subject of the determination within 10 calendar days or
245	245	25 the person is deemed eligible for the employment opportunity.
246	246	26 For purposes of this subsection, "appropriate Inspector
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257	257	1 General" means (i) for members and employees of the
258	258	2 legislative branch, the Legislative Inspector General; (ii)
259	259	3 for the Auditor General and employees of the Office of the
260	260	4 Auditor General, the Inspector General provided for in Section
261	261	5 30-5 of this Act; and (iii) for executive branch officers and
262	262	6 employees, the Inspector General having jurisdiction over the
263	263	7 officer or employee. Notice of any determination of an
264	264	8 Inspector General and of any such appeal shall be given to the
265	265	9 ultimate jurisdictional authority, the Attorney General, and
266	266	10 the Executive Ethics Commission.
267	267	11 (g) An Inspector General's determination regarding
268	268	12 restrictions under subsection (a) or (b) may be appealed to
269	269	13 the appropriate Ethics Commission by the person subject to the
270	270	14 decision or the Attorney General no later than the 10th
271	271	15 calendar day after the date of the determination.
272	272	16 On appeal, the Ethics Commission or Auditor General shall
273	273	17 seek, accept, and consider written public comments regarding a
274	274	18 determination. In deciding whether to uphold an Inspector
275	275	19 General's determination, the appropriate Ethics Commission or
276	276	20 Auditor General shall assess, in addition to any other
277	277	21 relevant information, the effect of the prospective employment
278	278	22 or relationship upon the decisions referred to in subsections
279	279	23 (a) and (b), based on the totality of the participation by the
280	280	24 former officer, member, or State employee in those decisions.
281	281	25 The Ethics Commission shall decide whether to uphold an
282	282	26 Inspector General's determination within 10 calendar days or
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293	293	1 the person is deemed eligible for the employment opportunity.
294	294	2 (h) The following officers, members, or State employees
295	295	3 shall not, within a period of one year immediately after
296	296	4 termination of office or State employment, knowingly accept
297	297	5 employment or receive compensation or fees for services from a
298	298	6 person or entity if the person or entity or its parent or
299	299	7 subsidiary, during the year immediately preceding termination
300	300	8 of State employment, was a party to a State contract or
301	301	9 contracts with a cumulative value of $25,000 or more involving
302	302	10 the officer, member, or State employee's State agency, or was
303	303	11 the subject of a regulatory or licensing decision involving
304	304	12 the officer, member, or State employee's State agency,
305	305	13 regardless of whether he or she participated personally and
306	306	14 substantially in the award or fiscal administration of the
307	307	15 State contract or contracts or the making of the regulatory or
308	308	16 licensing decision in question:
309	309	17 (1) members or officers;
310	310	18 (2) members of a commission or board created by the
311	311	19 Illinois Constitution;
312	312	20 (3) persons whose appointment to office is subject to
313	313	21 the advice and consent of the Senate;
314	314	22 (4) the head of a department, commission, board,
315	315	23 division, bureau, authority, or other administrative unit
316	316	24 within the government of this State;
317	317	25 (5) chief procurement officers, State purchasing
318	318	26 officers, and their designees whose duties are directly
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329	329	1 related to State procurement;
330	330	2 (6) chiefs of staff, deputy chiefs of staff, associate
331	331	3 chiefs of staff, assistant chiefs of staff, and deputy
332	332	4 governors, or any other position that holds an equivalent
333	333	5 level of managerial oversight;
334	334	6 (7) employees of the Illinois Racing Board; and
335	335	7 (8) employees of the Illinois Gaming Board.
336	336	8 (i) For the purposes of this Section, with respect to
337	337	9 officers or employees of a regional transit board, as defined
338	338	10 in this Act, the phrase "person or entity" does not include:
339	339	11 (i) the United States government, (ii) the State, (iii)
340	340	12 municipalities, as defined under Article VII, Section 1 of the
341	341	13 Illinois Constitution, (iv) units of local government, as
342	342	14 defined under Article VII, Section 1 of the Illinois
343	343	15 Constitution, or (v) school districts.
344	344	16 (j) An employer shall not knowingly offer employment,
345	345	17 compensation, or fees for services to a person if that person
346	346	18 is prohibited by this Section from accepting employment,
347	347	19 compensation, or fees for services from that employer.
348	348	20 (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
349	349	21 102-664, eff. 1-1-22.)
350	350	22 (5 ILCS 430/20-5)
351	351	23 Sec. 20-5. Executive Ethics Commission.
352	352	24 (a) The Executive Ethics Commission is created.
353	353	25 (b) The Executive Ethics Commission shall consist of 9
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364	364	1 commissioners. The Governor shall appoint 5 commissioners, and
365	365	2 the Attorney General, Secretary of State, Comptroller, and
366	366	3 Treasurer shall each appoint one commissioner. Appointments
367	367	4 shall be made by and with the advice and consent of the Senate
368	368	5 by three-fifths of the elected members concurring by record
369	369	6 vote. Any nomination not acted upon by the Senate within 60
370	370	7 session days of the receipt thereof shall be deemed to have
371	371	8 received the advice and consent of the Senate. If, during a
372	372	9 recess of the Senate, there is a vacancy in an office of
373	373	10 commissioner, the appointing authority shall make a temporary
374	374	11 appointment until the next meeting of the Senate when the
375	375	12 appointing authority shall make a nomination to fill that
376	376	13 office. No person rejected for an office of commissioner
377	377	14 shall, except by the Senate's request, be nominated again for
378	378	15 that office at the same session of the Senate or be appointed
379	379	16 to that office during a recess of that Senate. No more than 5
380	380	17 commissioners may be of the same political party.
381	381	18 The terms of the initial commissioners shall commence upon
382	382	19 qualification. Four initial appointees of the Governor, as
383	383	20 designated by the Governor, shall serve terms running through
384	384	21 June 30, 2007. One initial appointee of the Governor, as
385	385	22 designated by the Governor, and the initial appointees of the
386	386	23 Attorney General, Secretary of State, Comptroller, and
387	387	24 Treasurer shall serve terms running through June 30, 2008. The
388	388	25 initial appointments shall be made within 60 days after the
389	389	26 effective date of this Act.
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400	400	1 After the initial terms, commissioners shall serve for
401	401	2 4-year terms commencing on July 1 of the year of appointment
402	402	3 and running through June 30 of the fourth following year.
403	403	4 Commissioners may be reappointed to one or more subsequent
404	404	5 terms.
405	405	6 Vacancies occurring other than at the end of a term shall
406	406	7 be filled by the appointing authority only for the balance of
407	407	8 the term of the commissioner whose office is vacant.
408	408	9 Terms shall run regardless of whether the position is
409	409	10 filled.
410	410	11 (c) The appointing authorities shall appoint commissioners
411	411	12 who have experience holding governmental office or employment
412	412	13 and shall appoint commissioners from the general public. A
413	413	14 person is not eligible to serve as a commissioner if that
414	414	15 person (i) has been convicted of a felony or a crime of
415	415	16 dishonesty or moral turpitude, (ii) is, or was within the
416	416	17 preceding 12 months, engaged in activities that require
417	417	18 registration under the Lobbyist Registration Act, (iii) is
418	418	19 related to the appointing authority, or (iv) is a State
419	419	20 officer or employee.
420	420	21 (d) The Executive Ethics Commission shall have
421	421	22 jurisdiction over all officers and employees of State agencies
422	422	23 other than the General Assembly, the Senate, the House of
423	423	24 Representatives, the President and Minority Leader of the
424	424	25 Senate, the Speaker and Minority Leader of the House of
425	425	26 Representatives, the Senate Operations Commission, the
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436	436	1 legislative support services agencies, and the Office of the
437	437	2 Auditor General. The Executive Ethics Commission shall have
438	438	3 jurisdiction over all board members and employees of Regional
439	439	4 Transit Boards, and all board members and employees of
440	440	5 Regional Development Authorities, and all employers who make
441	441	6 offers of employment, compensation, or fees for services in
442	442	7 violation of subsection (j) of Section 5-45. The jurisdiction
443	443	8 of the Commission is limited to matters arising under this
444	444	9 Act, except as provided in subsection (d-5).
445	445	10 A member or legislative branch State employee serving on
446	446	11 an executive branch board or commission remains subject to the
447	447	12 jurisdiction of the Legislative Ethics Commission and is not
448	448	13 subject to the jurisdiction of the Executive Ethics
449	449	14 Commission.
450	450	15 (d-5) The Executive Ethics Commission shall have
451	451	16 jurisdiction over all chief procurement officers and
452	452	17 procurement compliance monitors and their respective staffs.
453	453	18 The Executive Ethics Commission shall have jurisdiction over
454	454	19 any matters arising under the Illinois Procurement Code if the
455	455	20 Commission is given explicit authority in that Code.
456	456	21 (d-6) (1) The Executive Ethics Commission shall have
457	457	22 jurisdiction over the Illinois Power Agency and its staff. The
458	458	23 Director of the Agency shall be appointed by a majority of the
459	459	24 commissioners of the Executive Ethics Commission, subject to
460	460	25 Senate confirmation, for a term of 2 years. The Director is
461	461	26 removable for cause by a majority of the Commission upon a
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472	472	1 finding of neglect, malfeasance, absence, or incompetence.
473	473	2 (2) In case of a vacancy in the office of Director of the
474	474	3 Illinois Power Agency during a recess of the Senate, the
475	475	4 Executive Ethics Commission may make a temporary appointment
476	476	5 until the next meeting of the Senate, at which time the
477	477	6 Executive Ethics Commission shall nominate some person to fill
478	478	7 the office, and any person so nominated who is confirmed by the
479	479	8 Senate shall hold office during the remainder of the term and
480	480	9 until his or her successor is appointed and qualified. Nothing
481	481	10 in this subsection shall prohibit the Executive Ethics
482	482	11 Commission from removing a temporary appointee or from
483	483	12 appointing a temporary appointee as the Director of the
484	484	13 Illinois Power Agency.
485	485	14 (3) Prior to June 1, 2012, the Executive Ethics Commission
486	486	15 may, until the Director of the Illinois Power Agency is
487	487	16 appointed and qualified or a temporary appointment is made
488	488	17 pursuant to paragraph (2) of this subsection, designate some
489	489	18 person as an acting Director to execute the powers and
490	490	19 discharge the duties vested by law in that Director. An acting
491	491	20 Director shall serve no later than 60 calendar days, or upon
492	492	21 the making of an appointment pursuant to paragraph (1) or (2)
493	493	22 of this subsection, whichever is earlier. Nothing in this
494	494	23 subsection shall prohibit the Executive Ethics Commission from
495	495	24 removing an acting Director or from appointing an acting
496	496	25 Director as the Director of the Illinois Power Agency.
497	497	26 (4) No person rejected by the Senate for the office of
498	498
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508	508	1 Director of the Illinois Power Agency shall, except at the
509	509	2 Senate's request, be nominated again for that office at the
510	510	3 same session or be appointed to that office during a recess of
511	511	4 that Senate.
512	512	5 (d-7) The Executive Ethics Commission shall have
513	513	6 jurisdiction over complainants and respondents in violation of
514	514	7 subsection (d) of Section 20-90.
515	515	8 (e) The Executive Ethics Commission must meet, either in
516	516	9 person or by other technological means, at least monthly and
517	517	10 as often as necessary. At the first meeting of the Executive
518	518	11 Ethics Commission, the commissioners shall choose from their
519	519	12 number a chairperson and other officers that they deem
520	520	13 appropriate. The terms of officers shall be for 2 years
521	521	14 commencing July 1 and running through June 30 of the second
522	522	15 following year. Meetings shall be held at the call of the
523	523	16 chairperson or any 3 commissioners. Official action by the
524	524	17 Commission shall require the affirmative vote of 5
525	525	18 commissioners, and a quorum shall consist of 5 commissioners.
526	526	19 Commissioners shall receive compensation in an amount equal to
527	527	20 the compensation of members of the State Board of Elections
528	528	21 and may be reimbursed for their reasonable expenses actually
529	529	22 incurred in the performance of their duties.
530	530	23 (f) No commissioner or employee of the Executive Ethics
531	531	24 Commission may during his or her term of appointment or
532	532	25 employment:
533	533	26 (1) become a candidate for any elective office;
534	534
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544	544	1 (2) hold any other elected or appointed public office
545	545	2 except for appointments on governmental advisory boards or
546	546	3 study commissions or as otherwise expressly authorized by
547	547	4 law;
548	548	5 (3) be actively involved in the affairs of any
549	549	6 political party or political organization; or
550	550	7 (4) advocate for the appointment of another person to
551	551	8 an appointed or elected office or position or actively
552	552	9 participate in any campaign for any elective office.
553	553	10 (g) An appointing authority may remove a commissioner only
554	554	11 for cause.
555	555	12 (h) The Executive Ethics Commission shall appoint an
556	556	13 Executive Director. The compensation of the Executive Director
557	557	14 shall be as determined by the Commission. The Executive
558	558	15 Director of the Executive Ethics Commission may employ and
559	559	16 determine the compensation of staff, as appropriations permit.
560	560	17 (i) The Executive Ethics Commission shall appoint, by a
561	561	18 majority of the members appointed to the Commission, chief
562	562	19 procurement officers and may appoint procurement compliance
563	563	20 monitors in accordance with the provisions of the Illinois
564	564	21 Procurement Code. The compensation of a chief procurement
565	565	22 officer and procurement compliance monitor shall be determined
566	566	23 by the Commission.
567	567	24 (Source: P.A. 103-517, eff. 8-11-23.)
568	568	25 (5 ILCS 430/25-5)
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579	579	1 Sec. 25-5. Legislative Ethics Commission.
580	580	2 (a) The Legislative Ethics Commission is created.
581	581	3 (b) The Legislative Ethics Commission shall consist of 8
582	582	4 commissioners appointed 2 each by the President and Minority
583	583	5 Leader of the Senate and the Speaker and Minority Leader of the
584	584	6 House of Representatives.
585	585	7 The terms of the initial commissioners shall commence upon
586	586	8 qualification. Each appointing authority shall designate one
587	587	9 appointee who shall serve for a 2-year term running through
588	588	10 June 30, 2005. Each appointing authority shall designate one
589	589	11 appointee who shall serve for a 4-year term running through
590	590	12 June 30, 2007. The initial appointments shall be made within
591	591	13 60 days after the effective date of this Act.
592	592	14 After the initial terms, commissioners shall serve for
593	593	15 4-year terms commencing on July 1 of the year of appointment
594	594	16 and running through June 30 of the fourth following year.
595	595	17 Commissioners may be reappointed to one or more subsequent
596	596	18 terms.
597	597	19 A vacancy shall occur upon a commissioner's death,
598	598	20 resignation, removal, disqualification, termination of
599	599	21 legislative service in the house or caucus of the appointing
600	600	22 authority, or other inability to act. Vacancies occurring
601	601	23 other than at the end of a term shall be filled by the
602	602	24 appointing authority only for the balance of the term of the
603	603	25 commissioner whose office is vacant.
604	604	26 Terms shall run regardless of whether the position is
605	605
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615	615	1 filled.
616	616	2 (c) The appointing authorities shall appoint commissioners
617	617	3 who have experience holding governmental office or employment
618	618	4 and may appoint commissioners who are members of the General
619	619	5 Assembly as well as commissioners from the general public. A
620	620	6 commissioner who is a member of the General Assembly must
621	621	7 recuse himself or herself from participating in any matter
622	622	8 relating to any investigation or proceeding in which he or she
623	623	9 is the subject or is a complainant. A person is not eligible to
624	624	10 serve as a commissioner if that person (i) has been convicted
625	625	11 of a felony or a crime of dishonesty or moral turpitude, (ii)
626	626	12 is, or was within the preceding 12 months, engaged in
627	627	13 activities that require registration under the Lobbyist
628	628	14 Registration Act, (iii) is a relative of the appointing
629	629	15 authority, (iv) is a State officer or employee other than a
630	630	16 member of the General Assembly, or (v) is a candidate for
631	631	17 statewide, federal, or judicial office.
632	632	18 (c-5) If a commissioner is required to recuse himself or
633	633	19 herself from participating in a matter as provided in
634	634	20 subsection (c), the recusal shall create a temporary vacancy
635	635	21 for the limited purpose of consideration of the matter for
636	636	22 which the commissioner recused himself or herself, and the
637	637	23 appointing authority for the recusing commissioner shall make
638	638	24 a temporary appointment to fill the vacancy for consideration
639	639	25 of the matter for which the commissioner recused himself or
640	640	26 herself.
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651	651	1 (d) The Legislative Ethics Commission shall have
652	652	2 jurisdiction over current and former members of the General
653	653	3 Assembly regarding events occurring during a member's term of
654	654	4 office and current and former State employees regarding events
655	655	5 occurring during any period of employment where the State
656	656	6 employee's ultimate jurisdictional authority is (i) a
657	657	7 legislative leader, (ii) the Senate Operations Commission, or
658	658	8 (iii) the Joint Committee on Legislative Support Services. The
659	659	9 Legislative Ethics Commission shall have jurisdiction over
660	660	10 complainants and respondents in violation of subsection (d) of
661	661	11 Section 25-90, and it shall also have jurisdiction over
662	662	12 employers who make offers of employment, compensation, or fees
663	663	13 for services in violation of subsection (j) of Section 5-45.
664	664	14 The jurisdiction of the Commission is limited to matters
665	665	15 arising under this Act.
666	666	16 An officer or executive branch State employee serving on a
667	667	17 legislative branch board or commission remains subject to the
668	668	18 jurisdiction of the Executive Ethics Commission and is not
669	669	19 subject to the jurisdiction of the Legislative Ethics
670	670	20 Commission.
671	671	21 (e) The Legislative Ethics Commission must meet, either in
672	672	22 person or by other technological means, monthly or as often as
673	673	23 necessary. At the first meeting of the Legislative Ethics
674	674	24 Commission, the commissioners shall choose from their number a
675	675	25 chairperson and other officers that they deem appropriate. The
676	676	26 terms of officers shall be for 2 years commencing July 1 and
677	677
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687	687	1 running through June 30 of the second following year. Meetings
688	688	2 shall be held at the call of the chairperson or any 3
689	689	3 commissioners. Official action by the Commission shall require
690	690	4 the affirmative vote of 5 commissioners, and a quorum shall
691	691	5 consist of 5 commissioners. Commissioners shall receive no
692	692	6 compensation but may be reimbursed for their reasonable
693	693	7 expenses actually incurred in the performance of their duties.
694	694	8 (f) No commissioner, other than a commissioner who is a
695	695	9 member of the General Assembly, or employee of the Legislative
696	696	10 Ethics Commission may during his or her term of appointment or
697	697	11 employment:
698	698	12 (1) become a candidate for any elective office;
699	699	13 (2) hold any other elected or appointed public office
700	700	14 except for appointments on governmental advisory boards or
701	701	15 study commissions or as otherwise expressly authorized by
702	702	16 law;
703	703	17 (3) be actively involved in the affairs of any
704	704	18 political party or political organization; or
705	705	19 (4) advocate for the appointment of another person to
706	706	20 an appointed or elected office or position or actively
707	707	21 participate in any campaign for any elective office.
708	708	22 (f-5) No commissioner who is a member of the General
709	709	23 Assembly may be a candidate for statewide, federal, or
710	710	24 judicial office. If a commissioner who is a member of the
711	711	25 General Assembly files petitions to be a candidate for a
712	712	26 statewide, federal, or judicial office, he or she shall be
713	713
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723	723	1 deemed to have resigned from his or her position as a
724	724	2 commissioner on the date his or her name is certified for the
725	725	3 ballot by the State Board of Elections or local election
726	726	4 authority and his or her position as a commissioner shall be
727	727	5 deemed vacant. Such person may not be reappointed to the
728	728	6 Commission during any time he or she is a candidate for
729	729	7 statewide, federal, or judicial office.
730	730	8 (g) An appointing authority may remove a commissioner only
731	731	9 for cause.
732	732	10 (h) The Legislative Ethics Commission shall appoint an
733	733	11 Executive Director subject to the approval of at least 3 of the
734	734	12 4 legislative leaders. The compensation of the Executive
735	735	13 Director shall be as determined by the Commission. The
736	736	14 Executive Director of the Legislative Ethics Commission may
737	737	15 employ, subject to the approval of at least 3 of the 4
738	738	16 legislative leaders, and determine the compensation of staff,
739	739	17 as appropriations permit.
740	740	18 (i) In consultation with the Legislative Inspector
741	741	19 General, the Legislative Ethics Commission may develop
742	742	20 comprehensive training for members and employees under its
743	743	21 jurisdiction that includes, but is not limited to, sexual
744	744	22 harassment, employment discrimination, and workplace civility.
745	745	23 The training may be recommended to the ultimate jurisdictional
746	746	24 authorities and may be approved by the Commission to satisfy
747	747	25 the sexual harassment training required under Section 5-10.5
748	748	26 or be provided in addition to the annual sexual harassment
749	749
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759	759	1 training required under Section 5-10.5. The Commission may
760	760	2 seek input from governmental agencies or private entities for
761	761	3 guidance in developing such training.
762	762	4 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
763	763	5 101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
764	764	6 (5 ILCS 430/50-5)
765	765	7 Sec. 50-5. Penalties.
766	766	8 (a) A person is guilty of a Class A misdemeanor if that
767	767	9 person intentionally violates any provision of Section 5-15,
768	768	10 5-30, 5-40, or 5-45 or Article 15.
769	769	11 (a-1) An ethics commission may levy an administrative fine
770	770	12 for a violation of Section 5-45 of this Act of up to 3 times
771	771	13 the total annual compensation that was offered or would have
772	772	14 been obtained in violation of Section 5-45.
773	773	15 (b) A person who intentionally violates any provision of
774	774	16 Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
775	775	17 offense subject to a fine of at least $1,001 and up to $5,000.
776	776	18 (c) A person who intentionally violates any provision of
777	777	19 Article 10 is guilty of a business offense and subject to a
778	778	20 fine of at least $1,001 and up to $5,000.
779	779	21 (d) Any person who intentionally makes a false report
780	780	22 alleging a violation of any provision of this Act to an ethics
781	781	23 commission, an inspector general, the Illinois State Police, a
782	782	24 State's Attorney, the Attorney General, or any other law
783	783	25 enforcement official is guilty of a Class A misdemeanor.
784	784
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794	794	1 (e) An ethics commission may levy an administrative fine
795	795	2 of up to $5,000 against any person who violates this Act, who
796	796	3 intentionally obstructs or interferes with an investigation
797	797	4 conducted under this Act by an inspector general, or who
798	798	5 intentionally makes a false, frivolous, or bad faith
799	799	6 allegation.
800	800	7 (f) In addition to any other penalty that may apply,
801	801	8 whether criminal or civil, a State employee who intentionally
802	802	9 violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
803	803	10 5-45, or 5-50, Article 10, Article 15, or Section 20-90 or
804	804	11 25-90 is subject to discipline or discharge by the appropriate
805	805	12 ultimate jurisdictional authority.
806	806	13 (g) Any person who violates Section 5-65 is subject to a
807	807	14 fine of up to $5,000 per offense, and is subject to discipline
808	808	15 or discharge by the appropriate ultimate jurisdictional
809	809	16 authority. Each violation of Section 5-65 is a separate
810	810	17 offense. Any penalty imposed by an ethics commission shall be
811	811	18 separate and distinct from any fines or penalties imposed by a
812	812	19 court of law or a State or federal agency.
813	813	20 (h) Any natural person or lobbying entity who
814	814	21 intentionally violates Section 4.7, paragraph (d) of Section
815	815	22 5, or subsection (a-5) of Section 11 of the Lobbyist
816	816	23 Registration Act is guilty of a business offense and shall be
817	817	24 subject to a fine of up to $5,000. The Executive Ethics
818	818	25 Commission, after the adjudication of a violation of Section
819	819	26 4.7 of the Lobbyist Registration Act for which an
820	820
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