Illinois General Assembly - Full Text of HB3546
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Full Text of HB3546  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Kelly M. Cassidy


5 ILCS 430/25-5
5 ILCS 430/25-20
5 ILCS 430/25-52

    Amends the State Officials and Employees Ethics Act. Provides for the appointment of a 9th commissioner to the Legislative Ethics Commission. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Legislative Ethics Commission. Requires the Legislative Ethics Commission to make available to the public any summary report in which a subject of the report is a current or former member of the General Assembly, and the Legislative Inspector General found that reasonable cause exists to believe that a violation has occurred. Requires publicly available summary reports to be posted on the websites of the Legislative Ethics Commission and the Legislative Inspector General. Makes conforming changes.

LRB102 13496 RJF 18843 b





HB3546LRB102 13496 RJF 18843 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
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 9 8
11commissioners. Eight commissioners shall be appointed 2 each
12by the President and Minority Leader of the Senate and the
13Speaker and Minority Leader of the House of Representatives,
14and one commissioner who shall not be a member of the General
15Assembly and shall be agreed upon and appointed jointly by the
16Speaker of the House of Representatives and the President of
17the Senate.
18    The terms of the initial commissioners shall commence upon
19qualification. Each appointing authority shall designate one
20appointee who shall serve for a 2-year term running through
21June 30, 2005. Each appointing authority shall designate one
22appointee who shall serve for a 4-year term running through
23June 30, 2007. The initial appointments shall be made within



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160 days after the effective date of this Act.
2    After the initial terms, commissioners shall serve for
34-year terms commencing on July 1 of the year of appointment
4and running through June 30 of the fourth following year.
5Commissioners may be reappointed to one or more subsequent
7    Vacancies occurring other than at the end of a term shall
8be filled by the appointing authority only for the balance of
9the term of the commissioner whose office is vacant.
10    Terms shall run regardless of whether the position is
12    (c) The appointing authorities shall appoint commissioners
13who have experience holding governmental office or employment
14and shall may appoint commissioners who are members of the
15General Assembly as well as commissioners from the general
16public. A commissioner who is a member of the General Assembly
17must recuse himself or herself from participating in any
18matter relating to any investigation or proceeding in which he
19or she is the subject or is a complainant. A person is not
20eligible to serve as a commissioner if that person (i) has been
21convicted of a felony or a crime of dishonesty or moral
22turpitude, (ii) is, or was within the preceding 12 months,
23engaged in activities that require registration under the
24Lobbyist Registration Act, (iii) is a relative of the
25appointing authority, (iv) is a State officer or employee
26other than a member of the General Assembly, or (v) is a



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1candidate for statewide office, federal office, or judicial
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
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



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1subject to the jurisdiction of the Legislative Ethics
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
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



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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 office, federal
6office, or judicial office. If a commissioner who is a member
7of the General Assembly files petitions to be a candidate for a
8statewide office, federal office, or judicial office, he or
9she shall be deemed to have resigned from his or her position
10as a commissioner on the date his or her name is certified for
11the ballot 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 office, federal office, 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



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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. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
13101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
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 allegations of
19    violations of this Act. Except as otherwise provided in
20    paragraph (1.5), an investigation may not be initiated
21    more than one year after the most recent act of the alleged
22    violation or of a series of alleged violations except
23    where there is reasonable cause to believe that fraudulent
24    concealment has occurred. To constitute fraudulent
25    concealment sufficient to toll this limitations period,



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1    there must be an affirmative act or representation
2    calculated to prevent discovery of the fact that a
3    violation has occurred. The Legislative Inspector General
4    shall have the discretion to determine the appropriate
5    means of investigation as permitted by law.
6        (1.5) Notwithstanding any provision of law to the
7    contrary, the Legislative Inspector General, whether
8    appointed by the Legislative Ethics Commission or the
9    General Assembly, may initiate an investigation based on
10    information provided to the Office of the Legislative
11    Inspector General or the Legislative Ethics Commission
12    during the period from December 1, 2014 through November
13    3, 2017. Any investigation initiated under this paragraph
14    (1.5) must be initiated within one year after the
15    effective date of this amendatory Act of the 100th General
16    Assembly.
17        Notwithstanding any provision of law to the contrary,
18    the Legislative Inspector General, through the Attorney
19    General, shall have the authority to file a complaint
20    related to any founded violations that occurred during the
21    period December 1, 2014 through November 3, 2017 to the
22    Legislative Ethics Commission, and the Commission shall
23    have jurisdiction to conduct administrative hearings
24    related to any pleadings filed by the Legislative
25    Inspector General, provided the complaint is filed with
26    the Commission no later than 6 months after the summary



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1    report is provided to the Attorney General in accordance
2    with subsection (c) of Section 25-50.
3        (2) To request information relating to an
4    investigation from any person when the Legislative
5    Inspector General deems that information necessary in
6    conducting an investigation.
7        (3) To issue subpoenas, with the advance approval of
8    the Commission, to compel the attendance of witnesses for
9    the purposes of testimony and production of documents and
10    other items for inspection and copying and to make service
11    of those subpoenas and subpoenas issued under item (7) of
12    Section 25-15.
13        (4) To submit reports as required by this Act.
14        (5) To file pleadings in the name of the Legislative
15    Inspector General with the Legislative Ethics Commission,
16    through the Attorney General, as provided in this Article
17    if the Attorney General finds that reasonable cause exists
18    to believe that a violation has occurred.
19        (6) To assist and coordinate the ethics officers for
20    State agencies under the jurisdiction of the Legislative
21    Inspector General and to work with those ethics officers.
22        (7) To participate in or conduct, when appropriate,
23    multi-jurisdictional investigations.
24        (8) To request, as the Legislative Inspector General
25    deems appropriate, from ethics officers of State agencies
26    under his or her jurisdiction, reports or information on



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1    (i) the content of a State agency's ethics training
2    program and (ii) the percentage of new officers and
3    employees who have completed ethics training.
4        (9) To establish a policy that ensures the appropriate
5    handling and correct recording of all investigations of
6    allegations and to ensure that the policy is accessible
7    via the Internet in order that those seeking to report
8    those allegations are familiar with the process and that
9    the subjects of those allegations are treated fairly.
10        (10) To post information to the Legislative Inspector
11    General's website explaining to complainants and subjects
12    of an investigation the legal limitations on the
13    Legislative Inspector General's ability to provide
14    information to them and a general overview of the
15    investigation process.
16(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
17    (5 ILCS 430/25-52)
18    Sec. 25-52. Release of summary reports.
19    (a) Within 60 days after receipt of a summary report and
20response from the ultimate jurisdictional authority or agency
21head that resulted in a suspension of at least 3 days or
22termination of employment, the Legislative Ethics Commission
23shall make available to the public the report and response or a
24redacted version of the report and response. The Legislative
25Ethics Commission shall also make available to the public any



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1summary report in which a subject of the report is a current or
2former member of the General Assembly, and the Legislative
3Inspector General found that reasonable cause exists to
4believe that a violation has occurred. The Legislative Ethics
5Commission may make available to the public any other summary
6report and response of the ultimate jurisdictional authority
7or agency head or a redacted version of the report and
8response. Publicly available summary reports shall be posted
9on the websites of the Legislative Ethics Commission and the
10Legislative Inspector General.
11    (b) The Legislative Ethics Commission shall redact
12information in the summary report that may reveal the identity
13of witnesses, complainants, or informants or if the Commission
14determines it is appropriate to protect the identity of a
15person before publication. The Commission may also redact any
16information it believes should not be made public. Prior to
17publication, the Commission shall permit the respondents,
18Legislative Inspector General, and Attorney General to review
19documents to be made public and offer suggestions for
20redaction or provide a response that shall be made public with
21the summary report.
22    (c) The Legislative Ethics Commission may withhold
23publication of the report or response if the Legislative
24Inspector General or Attorney General certifies that
25publication will interfere with an ongoing investigation.
26(Source: P.A. 96-555, eff. 8-18-09.)