HB 4380

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Full Text of HB4380
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	HB4380 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4380
Introduced 1/14/2026, by Rep. Lindsey LaPointe
SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
5 ILCS 430/25-20
5 ILCS 430/25-52
Amends the State Officials and Employees Ethics Act. Provides that the appointing authorities of the Legislative Ethics Commission shall (rather than may) appoint at least one commissioner from the general public. Allows the Legislative Inspector General to issue subpoenas without the advance approval of the Commission. Provides that, within 60 days after the Legislative Ethics Commission's receipt of a summary report and response from the ultimate jurisdictional authority or agency head 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 18131 WRO 31570 b
A BILL FOR
		HB4380		LRB104 18131 WRO 31570 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-5, 25-20, and 25-52 as
6follows:
7    (5 ILCS 430/25-5)
8    (Text of Section before amendment by P.A. 104-435)
9    Sec. 25-5. Legislative Ethics Commission.
10    (a) The Legislative Ethics Commission is created.
11    (b) The Legislative Ethics Commission shall consist of 8
12commissioners appointed 2 each by the President and Minority
13Leader of the Senate and the Speaker and Minority Leader of the
14House of Representatives.
15    The terms of the initial commissioners shall commence upon
16qualification. Each appointing authority shall designate one
17appointee who shall serve for a 2-year term running through
18June 30, 2005. Each appointing authority shall designate one
19appointee who shall serve for a 4-year term running through
20June 30, 2007. The initial appointments shall be made within
2160 days after the effective date of this Act.
22    After the initial terms, commissioners shall serve for
234-year terms commencing on July 1 of the year of appointment
		HB4380	- 2 -	LRB104 18131 WRO 31570 b
1and running through June 30 of the fourth following year.
2Commissioners may be reappointed to one or more subsequent
3terms.
4    A vacancy shall occur upon a commissioner's death,
5resignation, removal, disqualification, termination of
6legislative service in the house or caucus of the appointing
7authority, or other inability to act. Vacancies occurring
8other than at the end of a term shall be filled by the
9appointing authority only for the balance of the term of the
10commissioner whose office is vacant.
11    Terms shall run regardless of whether the position is
12filled.
13    (c) The appointing authorities shall appoint commissioners
14who have experience holding governmental office or employment
15and may appoint commissioners who are members of the General
16Assembly, and each appointing authority shall appoint at least 
17one commissioner [as well as commissioners] from the general
18public. A commissioner who is a member of the General Assembly
19must recuse himself or herself from participating in any
20matter relating to any investigation or proceeding in which he
21or she is the subject or is a complainant. A person is not
22eligible to serve as a commissioner if that person (i) has been
23convicted of a felony or a crime of dishonesty or moral
24turpitude, (ii) is, or was within the preceding 12 months,
25engaged in activities that require registration under the
26Lobbyist Registration Act, (iii) is a relative of the
		HB4380	- 3 -	LRB104 18131 WRO 31570 b
1appointing authority, (iv) is a State officer or employee
2other than a member of the General Assembly, or (v) is a
3candidate for statewide, federal, or judicial office.
4    (c-5) If a commissioner is required to recuse himself or
5herself from participating in a matter as provided in
6subsection (c), the recusal shall create a temporary vacancy
7for the limited purpose of consideration of the matter for
8which the commissioner recused himself or herself, and the
9appointing authority for the recusing commissioner shall make
10a temporary appointment to fill the vacancy for consideration
11of the matter for which the commissioner recused himself or
12herself.
13    (d) The Legislative Ethics Commission shall have
14jurisdiction over current and former members of the General
15Assembly regarding events occurring during a member's term of
16office and current and former State employees regarding events
17occurring during any period of employment where the State
18employee's ultimate jurisdictional authority is (i) a
19legislative leader, (ii) the Senate Operations Commission, or
20(iii) the Joint Committee on Legislative Support Services. The
21Legislative Ethics Commission shall have jurisdiction over
22complainants and respondents in violation of subsection (d) of
23Section 25-90. The jurisdiction of the Commission is limited
24to matters arising under this Act.
25    An officer or executive branch State employee serving on a
26legislative branch board or commission remains subject to the
		HB4380	- 4 -	LRB104 18131 WRO 31570 b
1jurisdiction of the Executive Ethics Commission and is not
2subject to the jurisdiction of the Legislative Ethics
3Commission.
4    (e) The Legislative Ethics Commission must meet, either in
5person or by other technological means, monthly or as often as
6necessary. At the first meeting of the Legislative Ethics
7Commission, the commissioners shall choose from their number a
8chairperson and other officers that they deem appropriate. The
9terms of officers shall be for 2 years commencing July 1 and
10running through June 30 of the second following year. Meetings
11shall be held at the call of the chairperson or any 3
12commissioners. Official action by the Commission shall require
13the affirmative vote of 5 commissioners, and a quorum shall
14consist of 5 commissioners. Commissioners shall receive no
15compensation but may be reimbursed for their reasonable
16expenses actually incurred in the performance of their duties.
17    (f) No commissioner, other than a commissioner who is a
18member of the General Assembly, or employee of the Legislative
19Ethics Commission may during his or her term of appointment or
20employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any
		HB4380	- 5 -	LRB104 18131 WRO 31570 b
1    political party or political organization; or
2        (4) advocate for the appointment of another person to
3    an appointed or elected office or position or actively
4    participate in any campaign for any elective office.
5    (f-5) No commissioner who is a member of the General
6Assembly may be a candidate for statewide, federal, or
7judicial office. If a commissioner who is a member of the
8General Assembly files petitions to be a candidate for a
9statewide, federal, or judicial office, he or she shall be
10deemed to have resigned from his or her position as a
11commissioner on the date his or her name is certified for the
12ballot by the State Board of Elections or local election
13authority and his or her position as a commissioner shall be
14deemed vacant. Such person may not be reappointed to the
15Commission during any time he or she is a candidate for
16statewide, federal, or judicial office.
17    (g) An appointing authority may remove a commissioner only
18for cause.
19    (h) The Legislative Ethics Commission shall appoint an
20Executive Director subject to the approval of at least 3 of the
214 legislative leaders. The compensation of the Executive
22Director shall be as determined by the Commission. The
23Executive Director of the Legislative Ethics Commission may
24employ, subject to the approval of at least 3 of the 4
25legislative leaders, and determine the compensation of staff,
26as appropriations permit.
		HB4380	- 6 -	LRB104 18131 WRO 31570 b
1    (i) In consultation with the Legislative Inspector
2General, the Legislative Ethics Commission may develop
3comprehensive training for members and employees under its
4jurisdiction that includes, but is not limited to, sexual
5harassment, employment discrimination, and workplace civility.
6The training may be recommended to the ultimate jurisdictional
7authorities and may be approved by the Commission to satisfy
8the sexual harassment training required under Section 5-10.5
9or be provided in addition to the annual sexual harassment
10training required under Section 5-10.5. The Commission may
11seek input from governmental agencies or private entities for
12guidance in developing such training.
13(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
14101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
15    (Text of Section after amendment by P.A. 104-435)
16    Sec. 25-5. Legislative Ethics Commission.
17    (a) The Legislative Ethics Commission is created.
18    (b) The Legislative Ethics Commission shall consist of 8
19commissioners appointed 2 each by the President and Minority
20Leader of the Senate and the Speaker and Minority Leader of the
21House of Representatives.
22    The terms of the initial commissioners shall commence upon
23qualification. Each appointing authority shall designate one
24appointee who shall serve for a 2-year term running through
25June 30, 2005. Each appointing authority shall designate one
		HB4380	- 7 -	LRB104 18131 WRO 31570 b
1appointee who shall serve for a 4-year term running through
2June 30, 2007. The initial appointments shall be made within
360 days after the effective date of this Act.
4    After the initial terms, commissioners shall serve for
54-year terms commencing on July 1 of the year of appointment
6and running through June 30 of the fourth following year.
7Commissioners may be reappointed to one or more subsequent
8terms.
9    A vacancy shall occur upon a commissioner's death,
10resignation, removal, disqualification, termination of
11legislative service in the house or caucus of the appointing
12authority, or other inability to act. Vacancies occurring
13other than at the end of a term shall be filled by the
14appointing authority only for the balance of the term of the
15commissioner whose office is vacant.
16    Terms shall run regardless of whether the position is
17filled.
18    (c) The appointing authorities shall appoint commissioners
19who have experience holding governmental office or employment
20and may appoint commissioners who are members of the General
21Assembly, and each appointing authority shall appoint at least 
22one commissioner [as well as commissioners] from the general
23public. A commissioner who is a member of the General Assembly
24must recuse himself or herself from participating in any
25matter relating to any investigation or proceeding in which he
26or she is the subject or is a complainant. A person is not
		HB4380	- 8 -	LRB104 18131 WRO 31570 b
1eligible to serve as a commissioner if that person (i) has been
2convicted of a felony or a crime of dishonesty or moral
3turpitude, (ii) is, or was within the preceding 12 months,
4engaged in activities that require registration under the
5Lobbyist Registration Act, (iii) is a relative of the
6appointing authority, (iv) is a State officer or employee
7other than a member of the General Assembly, or (v) is a
8candidate for statewide, federal, or judicial office.
9    (c-5) If a commissioner is required to recuse himself or
10herself from participating in a matter as provided in
11subsection (c), the recusal shall create a temporary vacancy
12for the limited purpose of consideration of the matter for
13which the commissioner recused himself or herself, and the
14appointing authority for the recusing commissioner shall make
15a temporary appointment to fill the vacancy for consideration
16of the matter for which the commissioner recused himself or
17herself.
18    (d) The Legislative Ethics Commission shall have
19jurisdiction over current and former members of the General
20Assembly regarding events occurring during a member's term of
21office and current and former State employees regarding events
22occurring during any period of employment where the State
23employee's ultimate jurisdictional authority is (i) a
24legislative leader or (ii) the Joint Committee on Legislative
25Support Services. The Legislative Ethics Commission shall have
26jurisdiction over complainants and respondents in violation of
		HB4380	- 9 -	LRB104 18131 WRO 31570 b
1subsection (d) of Section 25-90. The jurisdiction of the
2Commission is limited to matters arising under this Act.
3    An officer or executive branch State employee serving on a
4legislative branch board or commission remains subject to the
5jurisdiction of the Executive Ethics Commission and is not
6subject to the jurisdiction of the Legislative Ethics
7Commission.
8    (e) The Legislative Ethics Commission must meet, either in
9person or by other technological means, monthly or as often as
10necessary. At the first meeting of the Legislative Ethics
11Commission, the commissioners shall choose from their number a
12chairperson and other officers that they deem appropriate. The
13terms of officers shall be for 2 years commencing July 1 and
14running through June 30 of the second following year. Meetings
15shall be held at the call of the chairperson or any 3
16commissioners. Official action by the Commission shall require
17the affirmative vote of 5 commissioners, and a quorum shall
18consist of 5 commissioners. Commissioners shall receive no
19compensation but may be reimbursed for their reasonable
20expenses actually incurred in the performance of their duties.
21    (f) No commissioner, other than a commissioner who is a
22member of the General Assembly, or employee of the Legislative
23Ethics Commission may during his or her term of appointment or
24employment:
25        (1) become a candidate for any elective office;
26        (2) hold any other elected or appointed public office
		HB4380	- 10 -	LRB104 18131 WRO 31570 b
1    except for appointments on governmental advisory boards or
2    study commissions or as otherwise expressly authorized by
3    law;
4        (3) be actively involved in the affairs of any
5    political party or political organization; or
6        (4) advocate for the appointment of another person to
7    an appointed or elected office or position or actively
8    participate in any campaign for any elective office.
9    (f-5) No commissioner who is a member of the General
10Assembly may be a candidate for statewide, federal, or
11judicial office. If a commissioner who is a member of the
12General Assembly files petitions to be a candidate for a
13statewide, federal, or judicial office, he or she shall be
14deemed to have resigned from his or her position as a
15commissioner on the date his or her name is certified for the
16ballot by the State Board of Elections or local election
17authority and his or her position as a commissioner shall be
18deemed vacant. Such person may not be reappointed to the
19Commission during any time he or she is a candidate for
20statewide, federal, or judicial office.
21    (g) An appointing authority may remove a commissioner only
22for cause.
23    (h) The Legislative Ethics Commission shall appoint an
24Executive Director subject to the approval of at least 3 of the
254 legislative leaders. The compensation of the Executive
26Director shall be as determined by the Commission. The
		HB4380	- 11 -	LRB104 18131 WRO 31570 b
1Executive Director of the Legislative Ethics Commission may
2employ, subject to the approval of at least 3 of the 4
3legislative leaders, and determine the compensation of staff,
4as appropriations permit.
5    (i) In consultation with the Legislative Inspector
6General, the Legislative Ethics Commission may develop
7comprehensive training for members and employees under its
8jurisdiction that includes, but is not limited to, sexual
9harassment, employment discrimination, and workplace civility.
10The training may be recommended to the ultimate jurisdictional
11authorities and may be approved by the Commission to satisfy
12the sexual harassment training required under Section 5-10.5
13or be provided in addition to the annual sexual harassment
14training required under Section 5-10.5. The Commission may
15seek input from governmental agencies or private entities for
16guidance in developing such training.
17(Source: P.A. 104-435, eff. 7-1-26.)
18    (5 ILCS 430/25-20)
19    Sec. 25-20. Duties of the Legislative Inspector General.
20In addition to duties otherwise assigned by law, the
21Legislative Inspector General shall have the following duties:
22        (1) To receive and investigate, without advance
23    approval of the Legislative Ethics Commission, allegations
24    of violations of this Act and other wrongful acts within
25    his or her jurisdiction based on a complaint. Except as
		HB4380	- 12 -	LRB104 18131 WRO 31570 b
1    otherwise provided in paragraph (1.5), an investigation
2    may not be initiated more than one year after the alleged
3    wrongful act or the most recent act of a series of alleged
4    wrongful acts based on the same wrongful conduct except if
5    there is reasonable cause to believe that fraudulent
6    concealment has occurred. To constitute fraudulent
7    concealment sufficient to toll this limitations period,
8    there must be an affirmative act or representation
9    calculated to prevent discovery of the fact that a
10    violation or other wrongful act has occurred. The
11    Legislative Inspector General shall have the discretion to
12    determine the appropriate means of investigation as
13    permitted by law.
14        (1.5) Notwithstanding any provision of law to the
15    contrary, the Legislative Inspector General, whether
16    appointed by the Legislative Ethics Commission or the
17    General Assembly, may initiate an investigation based on
18    information provided to the Office of the Legislative
19    Inspector General or the Legislative Ethics Commission
20    during the period from December 1, 2014 through November
21    3, 2017. Any investigation initiated under this paragraph
22    (1.5) must be initiated within one year after the
23    effective date of this amendatory Act of the 100th General
24    Assembly.
25        Notwithstanding any provision of law to the contrary,
26    the Legislative Inspector General, through the Attorney
		HB4380	- 13 -	LRB104 18131 WRO 31570 b
1    General, shall have the authority to file a complaint
2    related to any founded violations that occurred during the
3    period December 1, 2014 through November 3, 2017 to the
4    Legislative Ethics Commission, and the Commission shall
5    have jurisdiction to conduct administrative hearings
6    related to any pleadings filed by the Legislative
7    Inspector General, provided the complaint is filed with
8    the Commission no later than 6 months after the summary
9    report is provided to the Attorney General in accordance
10    with subsection (c) of Section 25-50.
11        (2) To request information relating to an
12    investigation from any person when the Legislative
13    Inspector General deems that information necessary in
14    conducting an investigation.
15        (3) To issue subpoenas, [with the advance approval of ]
16    [the Commission,] to compel the attendance of witnesses for
17    the purposes of testimony and production of documents and
18    other items for inspection and copying, and to make
19    service of those subpoenas and subpoenas issued under item
20    (7) of Section 25-15.
21        (4) To submit reports as required by this Act.
22        (5) To file pleadings in the name of the Legislative
23    Inspector General with the Legislative Ethics Commission,
24    through the Attorney General, as provided in this Article
25    if the Attorney General finds that reasonable cause exists
26    to believe that a violation has occurred.
		HB4380	- 14 -	LRB104 18131 WRO 31570 b
1        (6) To assist and coordinate the ethics officers for
2    State agencies under the jurisdiction of the Legislative
3    Inspector General and to work with those ethics officers.
4        (7) To participate in or conduct, when appropriate,
5    multi-jurisdictional investigations.
6        (8) To request, as the Legislative Inspector General
7    deems appropriate, from ethics officers of State agencies
8    under his or her jurisdiction, reports or information on
9    (i) the content of a State agency's ethics training
10    program and (ii) the percentage of new officers and
11    employees who have completed ethics training.
12        (9) To establish a policy that ensures the appropriate
13    handling and correct recording of all investigations of
14    allegations and to ensure that the policy is accessible
15    via the Internet in order that those seeking to report
16    those allegations are familiar with the process and that
17    the subjects of those allegations are treated fairly.
18        (10) To post information to the Legislative Inspector
19    General's website explaining to complainants and subjects
20    of an investigation the legal limitations on the
21    Legislative Inspector General's ability to provide
22    information to them and a general overview of the
23    investigation process.
24(Source: P.A. 102-664, eff. 1-1-22.)
25    (5 ILCS 430/25-52)
		HB4380	- 15 -	LRB104 18131 WRO 31570 b
1    Sec. 25-52. Release of summary reports.
2    (a) Within 60 days after the Legislative Ethics 
3Commission's receipt of a summary report and response from the
4ultimate jurisdictional authority or agency head regarding a 
5potential violation of this Act or potential wrongful acts 
6within the jurisdiction of the Legislative Inspector General
7[that resulted in a suspension of at least 3 days or termination ]
8[of employment], the Legislative Inspector General [Ethics ]
9[Commission] shall make available to the public the report and
10response or a redacted version of the report and response. The
11Legislative Inspector General [Ethics Commission] may make
12available to the public any other summary report and response
13of the ultimate jurisdictional authority or agency head or a
14redacted version of the report and response without prior 
15approval from the Legislative Ethics Commission. The 
16Legislative Ethics Commission shall adopt no rule requiring 
17the Legislative Inspector General to seek the Commission's 
18advance approval before publishing summary reports authorized 
19under this Article. Any commission rule in existence on, the 
20effective date of this amendatory Act of the 104th General 
21Assembly requiring the Legislative Inspector General to seek 
22the Commission's advance approval before commencing any 
23investigation is void.
24    (b) The Legislative Inspector General [Ethics Commission]
25shall redact information in the summary report that may reveal
26the identity of witnesses, complainants, or informants or if
		HB4380	- 16 -	LRB104 18131 WRO 31570 b
1the Legislative Inspector General [Commission] determines it is
2appropriate to protect the identity of a person before
3publication. [The Commission may also redact any information it ]
4[believes should not be made public.] Prior to publication, the
5Legislative Inspector General [Commission] shall permit the
6respondents, Legislative Ethics Commission [Inspector General],
7and Attorney General to review documents to be made public and
8offer suggestions for redaction or provide a response that
9shall be made public with the summary report.
10    (c) The Legislative Ethics Commission may withhold
11publication of the report or response if the Legislative
12Inspector General or Attorney General certifies that
13publication will interfere with an ongoing investigation.
14(Source: P.A. 96-555, eff. 8-18-09.)
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.