HB 5564

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Full Text of HB5564
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	HB5564 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5564
Introduced 2/13/2026, by Rep. Kyle Moore
SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-5
5 ILCS 430/20-15
5 ILCS 430/20-20
5 ILCS 430/20-45
5 ILCS 430/20-50
5 ILCS 430/20-51
5 ILCS 430/20-55
5 ILCS 430/20-63
5 ILCS 430/20-65
5 ILCS 430/20-70
5 ILCS 430/20-80
5 ILCS 430/20-85
5 ILCS 430/20-95
25 ILCS 150/3	  from Ch. 63, par. 106
30 ILCS 5/2-28 new
Amends the Legislative Audit Commission Act. Provides that, if the Legislative Audit Commission, in its discretion, believes that investigative authority over a matter should be referred to the Executive Ethics Commission to investigate a State agency or executive office, it shall be referred by a majority vote by the Commission. Provides that the Auditor General may provide advice to the Commission on transferring investigative authority to the Executive Ethics Commission. Amends the Illinois State Auditing Act and the State Officials and Employees Ethics Act to make conforming changes.
LRB104 19801 SPS 33251 b
A BILL FOR
		HB5564		LRB104 19801 SPS 33251 b
1    AN ACT concerning State 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 20-5, 20-15, 20-20, 20-45, 20-50,
620-51, 20-55, 20-63, 20-65, 20-70, 20-80, 20-85, and 20-95 as
7follows:
8    (5 ILCS 430/20-5)
9    Sec. 20-5. Executive Ethics Commission.
10    (a) The Executive Ethics Commission is created.
11    (b) The Executive Ethics Commission shall consist of 9
12commissioners. The Governor shall appoint 5 commissioners, and
13the Attorney General, Secretary of State, Comptroller, and
14Treasurer shall each appoint one commissioner. Appointments
15shall be made by and with the advice and consent of the Senate
16by three-fifths of the elected members concurring by record
17vote. Any nomination not acted upon by the Senate within 60
18session days of the receipt thereof shall be deemed to have
19received the advice and consent of the Senate. If, during a
20recess of the Senate, there is a vacancy in an office of
21commissioner, the appointing authority shall make a temporary
22appointment until the next meeting of the Senate when the
23appointing authority shall make a nomination to fill that
		HB5564	- 2 -	LRB104 19801 SPS 33251 b
1office. No person rejected for an office of commissioner
2shall, except by the Senate's request, be nominated again for
3that office at the same session of the Senate or be appointed
4to that office during a recess of that Senate. No more than 5
5commissioners may be of the same political party.
6    The terms of the initial commissioners shall commence upon
7qualification. Four initial appointees of the Governor, as
8designated by the Governor, shall serve terms running through
9June 30, 2007. One initial appointee of the Governor, as
10designated by the Governor, and the initial appointees of the
11Attorney General, Secretary of State, Comptroller, and
12Treasurer shall serve terms running through June 30, 2008. The
13initial appointments shall be made within 60 days after the
14effective date of this Act.
15    After the initial terms, commissioners shall serve for
164-year terms commencing on July 1 of the year of appointment
17and running through June 30 of the fourth following year.
18Commissioners may be reappointed to one or more subsequent
19terms.
20    Vacancies occurring other than at the end of a term shall
21be filled by the appointing authority only for the balance of
22the term of the commissioner whose office is vacant.
23    Terms shall run regardless of whether the position is
24filled.
25    (c) The appointing authorities shall appoint commissioners
26who have experience holding governmental office or employment
		HB5564	- 3 -	LRB104 19801 SPS 33251 b
1and shall appoint commissioners from the general public. A
2person is not eligible to serve as a commissioner if that
3person (i) has been convicted of a felony or a crime of
4dishonesty or moral turpitude, (ii) is, or was within the
5preceding 12 months, engaged in activities that require
6registration under the Lobbyist Registration Act, (iii) is
7related to the appointing authority, or (iv) is a State
8officer or employee.
9    (d) The Executive Ethics Commission shall have
10jurisdiction over all officers and employees of State agencies
11other than the General Assembly, the Senate, the House of
12Representatives, the President and Minority Leader of the
13Senate, the Speaker and Minority Leader of the House of
14Representatives, the Senate Operations Commission, the
15legislative support services agencies, and the Office of the
16Auditor General. The Executive Ethics Commission shall have
17jurisdiction over all board members and employees of Regional
18Transit Boards and all board members and employees of Regional
19Development Authorities. The jurisdiction of the Commission is
20limited to matters arising under this Act, except as provided
21in subsection (d-5).
22    A member or legislative branch State employee serving on
23an executive branch board or commission remains subject to the
24jurisdiction of the Legislative Ethics Commission and is not
25subject to the jurisdiction of the Executive Ethics
26Commission.
		HB5564	- 4 -	LRB104 19801 SPS 33251 b
1    (d-5) The Executive Ethics Commission shall have
2jurisdiction over all chief procurement officers and
3procurement compliance monitors and their respective staffs.
4The Executive Ethics Commission shall have jurisdiction over
5any matters arising under the Illinois Procurement Code if the
6Commission is given explicit authority in that Code.
7    (d-6) (1) The Executive Ethics Commission shall have
8jurisdiction over the Illinois Power Agency and its staff. The
9Director of the Agency shall be appointed by a majority of the
10commissioners of the Executive Ethics Commission, subject to
11Senate confirmation, for a term of 2 years. The Director is
12removable for cause by a majority of the Commission upon a
13finding of neglect, malfeasance, absence, or incompetence.
14    (2) In case of a vacancy in the office of Director of the
15Illinois Power Agency during a recess of the Senate, the
16Executive Ethics Commission may make a temporary appointment
17until the next meeting of the Senate, at which time the
18Executive Ethics Commission shall nominate some person to fill
19the office, and any person so nominated who is confirmed by the
20Senate shall hold office during the remainder of the term and
21until his or her successor is appointed and qualified. Nothing
22in this subsection shall prohibit the Executive Ethics
23Commission from removing a temporary appointee or from
24appointing a temporary appointee as the Director of the
25Illinois Power Agency.
26    (3) Prior to June 1, 2012, the Executive Ethics Commission
		HB5564	- 5 -	LRB104 19801 SPS 33251 b
1may, until the Director of the Illinois Power Agency is
2appointed and qualified or a temporary appointment is made
3pursuant to paragraph (2) of this subsection, designate some
4person as an acting Director to execute the powers and
5discharge the duties vested by law in that Director. An acting
6Director shall serve no later than 60 calendar days, or upon
7the making of an appointment pursuant to paragraph (1) or (2)
8of this subsection, whichever is earlier. Nothing in this
9subsection shall prohibit the Executive Ethics Commission from
10removing an acting Director or from appointing an acting
11Director as the Director of the Illinois Power Agency.
12    (4) No person rejected by the Senate for the office of
13Director of the Illinois Power Agency shall, except at the
14Senate's request, be nominated again for that office at the
15same session or be appointed to that office during a recess of
16that Senate.
17    (d-7) The Executive Ethics Commission shall have
18jurisdiction over complainants and respondents in violation of
19subsection (d) of Section 20-90.
20    (d-8) The Executive Ethics Commission shall have 
21investigative authority over an investigation referred to the 
22Executive Ethics Commission by the Legislative Audit 
23Commission.
24    (e) The Executive Ethics Commission must meet, either in
25person or by other technological means, at least monthly and
26as often as necessary. At the first meeting of the Executive
		HB5564	- 6 -	LRB104 19801 SPS 33251 b
1Ethics Commission, the commissioners shall choose from their
2number a chairperson and other officers that they deem
3appropriate. The terms of officers shall be for 2 years
4commencing July 1 and running through June 30 of the second
5following year. Meetings shall be held at the call of the
6chairperson or any 3 commissioners. Official action by the
7Commission shall require the affirmative vote of 5
8commissioners, and a quorum shall consist of 5 commissioners.
9Commissioners shall receive compensation in an amount equal to
10the compensation of members of the State Board of Elections
11and may be reimbursed for their reasonable expenses actually
12incurred in the performance of their duties.
13    (f) No commissioner or employee of the Executive Ethics
14Commission may during his or her term of appointment or
15employment:
16        (1) become a candidate for any elective office;
17        (2) hold any other elected or appointed public office
18    except for appointments on governmental advisory boards or
19    study commissions or as otherwise expressly authorized by
20    law;
21        (3) be actively involved in the affairs of any
22    political party or political organization; or
23        (4) advocate for the appointment of another person to
24    an appointed or elected office or position or actively
25    participate in any campaign for any elective office.
26    (g) An appointing authority may remove a commissioner only
		HB5564	- 7 -	LRB104 19801 SPS 33251 b
1for cause.
2    (h) The Executive Ethics Commission shall appoint an
3Executive Director. The compensation of the Executive Director
4shall be as determined by the Commission. The Executive
5Director of the Executive Ethics Commission may employ and
6determine the compensation of staff, as appropriations permit.
7    (i) The Executive Ethics Commission shall appoint, by a
8majority of the members appointed to the Commission, chief
9procurement officers and may appoint procurement compliance
10monitors in accordance with the provisions of the Illinois
11Procurement Code. The compensation of a chief procurement
12officer and procurement compliance monitor shall be determined
13by the Commission.
14(Source: P.A. 103-517, eff. 8-11-23.)
15    (5 ILCS 430/20-15)
16    Sec. 20-15. Duties of the Executive Ethics Commission. In
17addition to duties otherwise assigned by law, the Executive
18Ethics Commission shall have the following duties:
19        (1) To promulgate rules governing the performance of
20    its duties and the exercise of its powers and governing
21    the investigations of the Executive Inspectors General. It
22    is declared to be in the public interest, safety, and
23    welfare that the Commission adopt emergency rules under
24    the Illinois Administrative Procedure Act to initially
25    perform its duties under this subsection.
		HB5564	- 8 -	LRB104 19801 SPS 33251 b
1        (2) To conduct administrative hearings and rule on
2    matters brought before the Commission only upon the
3    receipt of pleadings filed by an Executive Inspector
4    General, or upon receipt of summaries of reviews submitted
5    by the Inspector General for the Secretary of State under
6    subsection (d-5) of Section 14 of the Secretary of State
7    Act, and not upon its own prerogative, but may appoint
8    special Executive Inspectors General as provided in
9    Section 20-21. Any other allegations of misconduct
10    received by the Commission from a person other than an
11    Executive Inspector General shall be referred to the
12    Office of the appropriate Executive Inspector General.
13        (3) To prepare and publish manuals and guides and,
14    working with the Office of the Attorney General, oversee
15    training of employees under its jurisdiction that explains
16    their duties.
17        (4) To prepare public information materials to
18    facilitate compliance, implementation, and enforcement of
19    this Act.
20        (5) To submit reports as required by this Act.
21        (6) To the extent authorized by this Act, to make
22    rulings, issue recommendations, and impose administrative
23    fines, if appropriate, in connection with the
24    implementation and interpretation of this Act. The powers
25    and duties of the Commission are limited to matters
26    clearly within the purview of this Act, and include
		HB5564	- 9 -	LRB104 19801 SPS 33251 b
1    authority over allegations that an individual required to
2    be registered under the Lobbyist Registration Act has
3    committed an act of sexual harassment, as set forth in any
4    summaries of reviews of such allegations submitted to the
5    Commission by the Inspector General for the Secretary of
6    State.
7        (7) To issue subpoenas with respect to matters pending
8    before the Commission, subject to the provisions of this
9    Article and in the discretion of the Commission, to compel
10    the attendance of witnesses for purposes of testimony and
11    the production of documents and other items for inspection
12    and copying.
13        (8) To appoint special Executive Inspectors General as
14    provided in Section 20-21.
15        (9) To conspicuously display on the Commission's
16    website the procedures for reporting a violation of this
17    Act, including how to report violations via email or
18    online.
19        (10) To review any investigation referred to the 
20    Executive Ethics Commission by the Legislative Audit 
21    Commission and to rule if the investigation should be 
22    brought before the Executive Inspector General to 
23    investigate any further and to rule if any action or 
24    recommendation should be taken.
25(Source: P.A. 100-554, eff. 11-16-17.)
		HB5564	- 10 -	LRB104 19801 SPS 33251 b
1    (5 ILCS 430/20-20)
2    Sec. 20-20. Duties of the Executive Inspectors General. In
3addition to duties otherwise assigned by law, each Executive
4Inspector General shall have the following duties:
5        (1) To receive and investigate allegations of
6    violations of this Act. To investigate any agency or 
7    executive office under the order of the Executive Ethics 
8    Commission concerning an investigation referred to the 
9    Executive Ethics Commission by the Legislative Audit 
10    Commission. An investigation may not be initiated more
11    than one year after the most recent act of the alleged
12    violation or of a series of alleged violations except
13    where there is reasonable cause to believe that fraudulent
14    concealment has occurred. To constitute fraudulent
15    concealment sufficient to toll this limitations period,
16    there must be an affirmative act or representation
17    calculated to prevent discovery of the fact that a
18    violation or other wrongful act has occurred. The
19    Executive Inspector General shall have the discretion to
20    determine the appropriate means of investigation as
21    permitted by law.
22        (2) To request information relating to an
23    investigation from any person when the Executive Inspector
24    General deems that information necessary in conducting an
25    investigation.
26        (3) To issue subpoenas to compel the attendance of
		HB5564	- 11 -	LRB104 19801 SPS 33251 b
1    witnesses for the purposes of testimony and production of
2    documents and other items for inspection and copying and
3    to make service of those subpoenas and subpoenas issued
4    under item (7) of Section 20-15.
5        (4) To submit reports as required by this Act.
6        (5) To file pleadings in the name of the Executive
7    Inspector General with the Executive Ethics Commission,
8    through the Attorney General, as provided in this Article
9    if the Attorney General finds that reasonable cause exists
10    to believe that a violation has occurred.
11        (6) To assist and coordinate the ethics officers for
12    State agencies under the jurisdiction of the Executive
13    Inspector General and to work with those ethics officers.
14        (7) To participate in or conduct, when appropriate,
15    multi-jurisdictional investigations.
16        (8) To request, as the Executive Inspector General
17    deems appropriate, from ethics officers of State agencies
18    under his or her jurisdiction, reports or information on
19    (i) the content of a State agency's ethics training
20    program and (ii) the percentage of new officers and
21    employees who have completed ethics training.
22        (9) To review hiring and employment files of each
23    State agency within the Executive Inspector General's
24    jurisdiction to ensure compliance with Rutan v. Republican
25    Party of Illinois, 497 U.S. 62 (1990), and with all
26    applicable employment laws.
		HB5564	- 12 -	LRB104 19801 SPS 33251 b
1        (10) To establish a policy that ensures the
2    appropriate handling and correct recording of all
3    investigations conducted by the Office, and to ensure that
4    the policy is accessible via the Internet in order that
5    those seeking to report those allegations are familiar
6    with the process and that the subjects of those
7    allegations are treated fairly.
8        (11) To post information to the Executive Inspector
9    General's website explaining to complainants and subjects
10    of an investigation the legal limitations on the Executive
11    Inspector General's ability to provide information to them
12    and a general overview of the investigation process.
13(Source: P.A. 102-664, eff. 1-1-22.)
14    (5 ILCS 430/20-45)
15    Sec. 20-45. Standing; representation.
16    (a) With the exception of a person appealing an Inspector
17General's determination under Section 5-45 of this Act or
18under applicable provisions of the Illinois Procurement Code,
19only an Executive Inspector General or the Attorney General
20may bring actions before the Executive Ethics Commission. The
21Attorney General may bring actions before the Executive Ethics
22Commission upon receipt of notice pursuant to Section 5-50 or
23Section 5-51 or pursuant to Section 5-45.
24    (b) With the exception of Section 5-45, the Attorney
25General shall represent an Executive Inspector General in all
		HB5564	- 13 -	LRB104 19801 SPS 33251 b
1proceedings before the Commission. Whenever the Attorney
2General is sick or absent, or unable to attend, or is
3interested in any matter or proceeding under this Act, upon
4the filing of a petition under seal by any person with
5standing, the Supreme Court (or any other court of competent
6jurisdiction as designated and determined by rule of the
7Supreme Court) may appoint some competent attorney to
8prosecute or defend that matter or proceeding, and the
9attorney so appointed shall have the same power and authority
10in relation to that matter or proceeding as the Attorney
11General would have had if present and attending to the same.
12    (c) Attorneys representing an Inspector General in
13proceedings before the Executive Ethics Commission, except an
14attorney appointed under subsection (b), shall be appointed or
15retained by the Attorney General, shall be under the
16supervision, direction, and control of the Attorney General,
17and shall serve at the pleasure of the Attorney General. The
18compensation of any attorneys appointed or retained in
19accordance with this subsection or subsection (b) shall be
20paid by the appropriate Office of the Executive Inspector
21General.
22    (d) The Executive Ethics Commission shall notify the 
23Legislative Audit Commission if an action originated from an 
24investigation referred to the Executive Ethics Commission by 
25the Legislative Audit Commission.
26(Source: P.A. 96-555, eff. 8-18-09.)
		HB5564	- 14 -	LRB104 19801 SPS 33251 b
1    (5 ILCS 430/20-50)
2    Sec. 20-50. Investigation reports.
3    (a) If an Executive Inspector General, upon the conclusion
4of an investigation, determines that reasonable cause exists
5to believe that a violation has occurred, then the Executive
6Inspector General shall issue a summary report of the
7investigation. The report shall be delivered to the
8appropriate ultimate jurisdictional authority, including the 
9Legislative Audit Commission if an investigation is referred 
10to the Executive Ethics Commission by the Legislative Audit 
11Commission, and to the head of each State agency affected by or
12involved in the investigation, if appropriate. The appropriate
13ultimate jurisdictional authority or agency head shall respond
14to the summary report within 20 days, in writing, to the
15Executive Inspector General. The response shall include a
16description of any corrective or disciplinary action to be
17imposed. If the appropriate ultimate jurisdictional authority
18does not respond within 20 days, or within an extended time
19period as agreed to by the Executive Inspector General, an
20Executive Inspector General may proceed under subsection (c)
21as if a response had been received.
22    (b) The summary report of the investigation shall include
23the following:
24        (1) A description of any allegations or other
25    information received by the Executive Inspector General
		HB5564	- 15 -	LRB104 19801 SPS 33251 b
1    pertinent to the investigation.
2        (2) A description of any alleged misconduct discovered
3    in the course of the investigation.
4        (3) Recommendations for any corrective or disciplinary
5    action to be taken in response to any alleged misconduct
6    described in the report, including but not limited to
7    discharge.
8        (4) Other information the Executive Inspector General
9    deems relevant to the investigation or resulting
10    recommendations.
11    (c) Within 30 days after receiving a response from the
12appropriate ultimate jurisdictional authority or agency head
13under subsection (a), the Executive Inspector General shall
14notify the Commission and the Attorney General if the
15Executive Inspector General believes that a complaint should
16be filed with the Commission. If the Executive Inspector
17General desires to file a complaint with the Commission, the
18Executive Inspector General shall submit the summary report
19and supporting documents to the Attorney General. If the
20Attorney General concludes that there is insufficient evidence
21that a violation has occurred, the Attorney General shall
22notify the Executive Inspector General and the Executive
23Inspector General shall deliver to the Executive Ethics
24Commission a copy of the summary report and response from the
25ultimate jurisdictional authority or agency head. If the
26Attorney General determines that reasonable cause exists to
		HB5564	- 16 -	LRB104 19801 SPS 33251 b
1believe that a violation has occurred, then the Executive
2Inspector General, represented by the Attorney General, may
3file with the Executive Ethics Commission a complaint. The
4complaint shall set forth the alleged violation and the
5grounds that exist to support the complaint. The complaint
6must be filed with the Commission within 12 months after the
7Executive Inspector General's receipt of the allegation of the
8violation or within 18 months after the most recent act of the
9alleged violation or of a series of alleged violations,
10whichever is later, except where there is reasonable cause to
11believe that fraudulent concealment has occurred. To
12constitute fraudulent concealment sufficient to toll this
13limitations period, there must be an affirmative act or
14representation calculated to prevent discovery of the fact
15that a violation has occurred. If a complaint is not filed with
16the Commission within 6 months after notice by the Inspector
17General to the Commission and the Attorney General, then the
18Commission may set a meeting of the Commission at which the
19Attorney General shall appear and provide a status report to
20the Commission.
21    (c-5) Within 30 days after receiving a response from the
22appropriate ultimate jurisdictional authority or agency head
23under subsection (a), if the Executive Inspector General does
24not believe that a complaint should be filed, the Executive
25Inspector General shall deliver to the Executive Ethics
26Commission a statement setting forth the basis for the
		HB5564	- 17 -	LRB104 19801 SPS 33251 b
1decision not to file a complaint and a copy of the summary
2report and response from the ultimate jurisdictional authority
3or agency head. An Inspector General may also submit a
4redacted version of the summary report and response from the
5ultimate jurisdictional authority if the Inspector General
6believes either contains information that, in the opinion of
7the Inspector General, should be redacted prior to releasing
8the report, may interfere with an ongoing investigation, or
9identifies an informant or complainant.
10    (c-10) If, after reviewing the documents, the Commission
11believes that further investigation is warranted, the
12Commission may request that the Executive Inspector General
13provide additional information or conduct further
14investigation. The Commission may also appoint a Special
15Executive Inspector General to investigate or refer the
16summary report and response from the ultimate jurisdictional
17authority to the Attorney General for further investigation or
18review. If the Commission requests the Attorney General to
19investigate or review, the Commission must notify the Attorney
20General and the Inspector General. The Attorney General may
21not begin an investigation or review until receipt of notice
22from the Commission. If, after review, the Attorney General
23determines that reasonable cause exists to believe that a
24violation has occurred, then the Attorney General may file a
25complaint with the Executive Ethics Commission. If the
26Attorney General concludes that there is insufficient evidence
		HB5564	- 18 -	LRB104 19801 SPS 33251 b
1that a violation has occurred, the Attorney General shall
2notify the Executive Ethics Commission and the appropriate
3Executive Inspector General.
4    (d) A copy of the complaint filed with the Executive
5Ethics Commission must be served on all respondents named in
6the complaint and on each respondent's ultimate jurisdictional
7authority in the same manner as process is served under the
8Code of Civil Procedure.
9    (e) A respondent may file objections to the complaint
10within 30 days after notice of the petition has been served on
11the respondent.
12    (f) The Commission shall meet, either in person or by
13telephone, at least 30 days after the complaint is served on
14all respondents in a closed session to review the sufficiency
15of the complaint. The Commission shall issue notice by
16certified mail, return receipt requested, to the Executive
17Inspector General, Attorney General, and all respondents of
18the Commission's ruling on the sufficiency of the complaint.
19If the complaint is deemed to sufficiently allege a violation
20of this Act, then the Commission shall include a hearing date
21scheduled within 4 weeks after the date of the notice, unless
22all of the parties consent to a later date. If the complaint is
23deemed not to sufficiently allege a violation, then the
24Commission shall send by certified mail, return receipt
25requested, a notice to the Executive Inspector General,
26Attorney General, and all respondents of the decision to
		HB5564	- 19 -	LRB104 19801 SPS 33251 b
1dismiss the complaint.
2    (g) On the scheduled date the Commission shall conduct a
3closed meeting, either in person or, if the parties consent,
4by telephone, on the complaint and allow all parties the
5opportunity to present testimony and evidence. All such
6proceedings shall be transcribed.
7    (h) Within an appropriate time limit set by rules of the
8Executive Ethics Commission, the Commission shall (i) dismiss
9the complaint, (ii) issue a recommendation of discipline to
10the respondent and the respondent's ultimate jurisdictional
11authority, (iii) impose an administrative fine upon the
12respondent, (iv) issue injunctive relief as described in
13Section 50-10, or (v) impose a combination of (ii) through
14(iv).
15    (i) The proceedings on any complaint filed with the
16Commission shall be conducted pursuant to rules promulgated by
17the Commission.
18    (j) The Commission may designate hearing officers to
19conduct proceedings as determined by rule of the Commission.
20    (k) In all proceedings before the Commission, the standard
21of proof is by a preponderance of the evidence.
22    (l) Within 30 days after the issuance of a final
23administrative decision that concludes that a violation
24occurred, the Executive Ethics Commission shall make public
25the entire record of proceedings before the Commission, the
26decision, any recommendation, any discipline imposed, and the
		HB5564	- 20 -	LRB104 19801 SPS 33251 b
1response from the agency head or ultimate jurisdictional
2authority to the Executive Ethics Commission.
3(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
4101-617, eff. 12-20-19.)
5    (5 ILCS 430/20-51)
6    Sec. 20-51. Closed investigations. When the Inspector
7General concludes that there is insufficient evidence that a
8violation has occurred, the Inspector General shall close the
9investigation. The Inspector General shall provide the
10Commission with a written statement of the Inspector General's
11decision to close the investigation. The Commission shall 
12notify the Legislative Audit Commission of the Inspector 
13General's decision if the investigation was referred to the 
14Commission by the Legislative Audit Commission. At the request
15of the subject of the investigation, the Inspector General
16shall provide a written statement to the subject of the
17investigation of the Inspector General's decision to close the
18investigation. Closure by the Inspector General does not bar
19the Inspector General from resuming the investigation if
20circumstances warrant. The Commission also has the discretion
21to request that the Executive Inspector General conduct
22further investigation of any matter closed pursuant to this
23Section, to appoint a Special Executive Inspector General to
24investigate, or to refer the allegations to the Attorney
25General for further investigation or review. If the Commission
		HB5564	- 21 -	LRB104 19801 SPS 33251 b
1requests the Attorney General to investigate or review, the
2Commission must notify the Attorney General and the Inspector
3General. The Attorney General may not begin an investigation
4or review until receipt of notice from the Commission.
5(Source: P.A. 96-555, eff. 8-18-09.)
6    (5 ILCS 430/20-55)
7    Sec. 20-55. Decisions; recommendations.
8    (a) All decisions of the Executive Ethics Commission must
9include a description of the alleged misconduct, the decision
10of the Commission, including any fines levied and any
11recommendation of discipline, and the reasoning for that
12decision, including if it was referred to the Executive Ethics 
13Commission by the Legislative Audit Commission. All decisions
14of the Commission shall be delivered to the head of the
15appropriate State agency, the appropriate ultimate
16jurisdictional authority, and the appropriate Executive
17Inspector General. The Executive Ethics Commission shall
18promulgate rules for the decision and recommendation process.
19    (b) If the Executive Ethics Commission issues a
20recommendation of discipline to an agency head or ultimate
21jurisdictional authority, that agency head or ultimate
22jurisdictional authority must respond to that recommendation
23in 30 days with a written response to the Executive Ethics
24Commission. This response must include any disciplinary action
25the agency head or ultimate jurisdictional authority has taken
		HB5564	- 22 -	LRB104 19801 SPS 33251 b
1with respect to the officer or employee in question. This 
2response shall include if it originates from an investigation 
3that was referred to the Executive Ethics Commission by the 
4Legislative Audit Commission. If the agency head or ultimate
5jurisdictional authority did not take any disciplinary action,
6or took a different disciplinary action than that recommended
7by the Executive Ethics Commission, the agency head or
8ultimate jurisdictional authority must describe the different
9action and explain the reasons for the different action in the
10written response. This response must be served upon the
11Executive Ethics Commission and the appropriate Executive
12Inspector General within the 30-day period and is not exempt
13from the provisions of the Freedom of Information Act.
14    (c) Disciplinary action under this Act against a person
15subject to the Personnel Code, the Secretary of State Merit
16Employment Code, the Comptroller Merit Employment Code, or the
17State Treasurer Employment Code is within the jurisdiction of
18the Executive Ethics Commission and is not within the
19jurisdiction of those Acts.
20    (d) Any hearing to contest disciplinary action for a
21violation of this Act against a person subject to the
22Personnel Code, the Secretary of State Merit Employment Code,
23the Comptroller Merit Employment Code, or the State Treasurer
24Employment Code pursuant to an agreement between an Executive
25Inspector General and an ultimate jurisdictional authority
26shall be conducted by the Executive Ethics Commission and not
		HB5564	- 23 -	LRB104 19801 SPS 33251 b
1under any of those Acts.
2(Source: P.A. 96-555, eff. 8-18-09.)
3    (5 ILCS 430/20-63)
4    Sec. 20-63. Rights of persons subjected to discrimination,
5harassment, or sexual harassment.
6    (a) As used in this Section, "complainant" means a known
7person identified in a complaint filed with an Executive
8Inspector General as a person subjected to alleged
9discrimination, harassment, or sexual harassment in violation
10of Section 5-65 of this Act, subsection (a) of Section 4.7 of
11the Lobbyist Registration Act, or Article 2 of the Illinois
12Human Rights Act, regardless of whether the complaint is filed
13by the person.
14    (b) A complainant shall have the following rights:
15        (1) within 5 business days of the Executive Inspector
16    General receiving a complaint in which the complainant is
17    identified, to be notified by the Executive Inspector
18    General of the receipt of the complaint, the complainant's
19    rights, and an explanation of the process, rules, and
20    procedures related to the investigation of an allegation,
21    including if the allegation was referred to the Executive 
22    Ethics Commission by the Legislative Audit Commission, and
23    the duties of the Executive Inspector General and the
24    Executive Ethics Commission;
25        (2) within 5 business days after the Executive
		HB5564	- 24 -	LRB104 19801 SPS 33251 b
1    Inspector General's decision to open or close an
2    investigation into the complaint or refer the complaint to
3    another appropriate agency, to be notified of the
4    Executive Inspector General's decision; however, if the
5    Executive Inspector General reasonably determines that
6    publicly acknowledging the existence of an investigation
7    would interfere with the conduct or completion of that
8    investigation, the notification may be withheld until
9    public acknowledgment of the investigation would no longer
10    interfere with that investigation;
11        (3) after an investigation has been opened, to have
12    any interviews of the complainant audio recorded by the
13    Executive Inspector General and to review, in person and
14    in the presence of the Executive Inspector General or his
15    or her designee, any transcript or interview report
16    created from that audio recorded interview. The
17    complainant may provide any supplemental statements or
18    evidence throughout the investigation;
19        (4) to have a union representative, attorney,
20    co-worker, or other support person who is not involved in
21    the investigation, at the complainant's expense, present
22    at any interview or meeting, whether in person or by
23    telephone or audio-visual communication, between the
24    complainant and the Executive Inspector General or
25    Executive Ethics Commission;
26        (5) to submit an impact statement that shall be
		HB5564	- 25 -	LRB104 19801 SPS 33251 b
1    included with the Executive Inspector General's summary
2    report to the Executive Ethics Commission for its
3    consideration;
4        (6) to testify at a hearing held under subsection (g)
5    of Section 20-50, to the extent the hearing is based on an
6    allegation of a violation of Section 5-65 of this Act or
7    subsection (a) of Section 4.7 of the Lobbyist Registration
8    Act involving the complainant, and have a single union
9    representative, attorney, co-worker, or other support
10    person who is not involved in the investigation, at the
11    complainant's expense, accompany him or her while
12    testifying;
13        (7) to review, within 5 business days prior to its
14    release, any portion of a summary report of the
15    investigation subject to public release under this Article
16    related to the allegations concerning the complainant,
17    after redactions made by the Executive Ethics Commission,
18    and offer suggestions for redaction or provide a response
19    that shall be made public with the summary report; and
20        (8) to file a complaint with the Executive Ethics
21    Commission for any violation of the complainant's rights
22    under this Section by the Executive Inspector General.
23    (c) The complainant shall have the sole discretion in
24determining whether to exercise the rights set forth in this
25Section. All rights under this Section shall be waived if the
26complainant fails to cooperate with the Executive Inspector
		HB5564	- 26 -	LRB104 19801 SPS 33251 b
1General's investigation of the complaint.
2    (d) The notice requirements imposed on Inspectors General
3by this Section shall be waived if the Inspector General is
4unable to identify or locate the complainant.
5    (e) (Blank).
6(Source: P.A. 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
7    (5 ILCS 430/20-65)
8    Sec. 20-65. Reporting of investigations.
9    (a) Each Executive Inspector General shall file a
10quarterly activity report with the Executive Ethics Commission
11that reflects investigative activity during the previous
12quarter. The Executive Ethics Commission shall establish the
13reporting dates. The activity report shall include at least
14the following:
15        (1) The number of investigations opened during the
16    preceding quarter, the affected offices or agencies, and
17    the unique tracking numbers for new investigations.
18        (2) The number of investigations closed during the
19    preceding quarter, the affected offices or agencies, and
20    the unique tracking numbers for closed investigations.
21        (3) The status of each on-going investigation that
22    remained open at the end of the quarter, the affected
23    office, agency or agencies, the investigation's unique
24    tracking number, and a brief statement of the general
25    nature of the investigation.
		HB5564	- 27 -	LRB104 19801 SPS 33251 b
1        4. The number of investigations referred to the 
2    Executive Ethics Commission by the Legislative Audit 
3    Commission.
4    (b) If any investigation is not concluded within 6 months
5after its initiation, the appropriate Executive Inspector
6General shall file a 6-month report with the Executive Ethics
7Commission by the fifteenth day of the month following it
8being open for 6 months. The 6-month report shall disclose:
9        (1) The general nature of the allegation or
10    information giving rise to the investigation, the title or
11    job duties of the subjects of the investigation, [and] the
12    investigation's unique tracking number, and if the 
13    investigation was referred to the Executive Ethics 
14    Commission by the Legislative Audit Commission.
15        (2) The date of the last alleged violation of this Act
16    or other State law giving rise to the investigation.
17        (3) Whether the Executive Inspector General has found
18    credible the allegations of criminal conduct.
19        (4) Whether the allegation has been referred to an
20    appropriate law enforcement agency and the identity of the
21    law enforcement agency to which those allegations were
22    referred.
23        (5) If an allegation has not been referred to an
24    appropriate law enforcement agency, the reasons for the
25    failure to complete the investigation within 6 months, a
26    summary of the investigative steps taken, additional
		HB5564	- 28 -	LRB104 19801 SPS 33251 b
1    investigative steps contemplated at the time of the
2    report, and an estimate of additional time necessary to
3    complete the investigation.
4        (6) Any other information deemed necessary by the
5    Executive Ethics Commission in determining whether to
6    appoint a Special Inspector General.
7    (c) If an Executive Inspector General has referred an
8allegation to an appropriate law enforcement agency and
9continues to investigate the matter, the future reporting
10requirements of this Section are suspended.
11    (d) Reports filed under this Section are exempt from the
12Freedom of Information Act.
13(Source: P.A. 96-555, eff. 8-18-09.)
14    (5 ILCS 430/20-70)
15    Sec. 20-70. Cooperation in investigations.  It is the duty
16of every officer and employee under the jurisdiction of an
17Executive Inspector General, including any inspector general
18serving in any State agency under the jurisdiction of that
19Executive Inspector General, to cooperate with the Executive
20Inspector General , [and] the Attorney General, and the 
21Legislative Audit Commission in any investigation undertaken
22pursuant to this Act. Failure to cooperate includes, but is
23not limited to, intentional omissions and knowing false
24statements. Failure to cooperate with an investigation of the
25Executive Inspector General or the Attorney General is grounds
		HB5564	- 29 -	LRB104 19801 SPS 33251 b
1for disciplinary action, including dismissal. Nothing in this
2Section limits or alters a person's existing rights or
3protections under State or federal law.
4(Source: P.A. 96-555, eff. 8-18-09.)
5    (5 ILCS 430/20-80)
6    Sec. 20-80. Referrals of investigations.  If an Executive
7Inspector General determines that any alleged misconduct
8involves any person not subject to the jurisdiction of the
9Executive Ethics Commission, that Executive Inspector General
10shall refer the reported allegations to the Legislative Audit 
11Commission if given authority to investigate, the appropriate
12Inspector General, appropriate ethics commission, or other
13appropriate body. If an Executive Inspector General determines
14that any alleged misconduct may give rise to criminal
15penalties, the Executive Inspector General may refer the
16allegations regarding that misconduct to the appropriate law
17enforcement authority. If an Executive Inspector General
18determines that any alleged misconduct resulted in the loss of
19public funds in an amount of $5,000 or greater, the Executive
20Inspector General shall refer the allegations regarding that
21misconduct to the Attorney General and any other appropriate
22law enforcement authority.
23(Source: P.A. 96-555, eff. 8-18-09.)
24    (5 ILCS 430/20-85)
		HB5564	- 30 -	LRB104 19801 SPS 33251 b
1    Sec. 20-85. Monthly reports by Executive Inspector
2General.  Each Executive Inspector General shall submit
3monthly reports to the appropriate executive branch
4constitutional officer, on dates determined by the executive
5branch constitutional officer, indicating:
6        (1) the total number of allegations received since the
7    date of the last report and the total number of
8    allegations received since the date of the last report by
9    category of claim;
10        (2) the total number of investigations initiated since
11    the date of the last report and the total number of
12    investigations initiated since the date of the last report
13    by category of claim;
14        (3) the total number of investigations concluded since
15    the date of the last report and the total number of
16    investigations concluded since the date of the last report
17    by category of claim;
18        (4) the total number of investigations pending as of
19    the reporting date and the total number of investigations
20    pending as of the reporting date by category of claim;
21        (5) the total number of complaints forwarded to the
22    Attorney General since the date of the last report;
23        (6) the total number of actions filed with the
24    Executive Ethics Commission since the date of the last
25    report, the total number of actions pending before the
26    Executive Ethics Commission as of the reporting date, the
		HB5564	- 31 -	LRB104 19801 SPS 33251 b
1    total number of actions filed with the Executive Ethics
2    Commission since the date of the last report by category
3    of claim, and the total number of actions pending before
4    the Executive Ethics Commission as of the reporting date
5    by category of claim;
6        (7) the total number of allegations referred to any
7    law enforcement agency since the date of the last report;
8        (8) the total number of allegations referred to
9    another investigatory body since the date of the last
10    report; [and]
11        (9) the cumulative number of each of the foregoing for
12    the current calendar year; and [.]
13        (10) the total number of complaints referred to the 
14    Executive Ethics Commission by the Legislative Audit 
15    Commission.
16    For the purposes of this Section, "category of claim"
17shall include discrimination claims, harassment claims, sexual
18harassment claims, retaliation claims, gift ban claims,
19prohibited political activity claims, revolving door
20prohibition claims, and other, miscellaneous, or
21uncharacterized claims.
22    The monthly report shall be available on the websites of
23the Executive Inspector General and the constitutional
24officer.
25(Source: P.A. 100-588, eff. 6-8-18.)
		HB5564	- 32 -	LRB104 19801 SPS 33251 b
1    (5 ILCS 430/20-95)
2    Sec. 20-95. Exemptions.
3    (a) Documents generated by an ethics officer under this
4Act, except Section 5-50, are exempt from the provisions of
5the Freedom of Information Act.
6    (b) Any allegations and related documents submitted to an
7Executive Inspector General, [and] any pleadings and related
8documents brought before the Executive Ethics Commission, and 
9any investigative authority over an investigation referred to 
10the Executive Ethics Commission by the Legislative Audit 
11Commission are exempt from the provisions of the Freedom of
12Information Act so long as the Executive Ethics Commission
13does not make a finding of a violation of this Act. If the
14Executive Ethics Commission finds that a violation has
15occurred, the entire record of proceedings before the
16Commission, the decision and recommendation, and the response
17from the agency head or ultimate jurisdictional authority to
18the Executive Ethics Commission are not exempt from the
19provisions of the Freedom of Information Act but information
20contained therein that is otherwise exempt from the Freedom of
21Information Act must be redacted before disclosure as provided
22in the Freedom of Information Act. A summary report released
23by the Executive Ethics Commission under Section 20-52 is a
24public record, but information redacted by the Executive
25Ethics Commission shall not be part of the public record.
26    (c) Meetings of the Commission are exempt from the
		HB5564	- 33 -	LRB104 19801 SPS 33251 b
1provisions of the Open Meetings Act.
2    (d) Unless otherwise provided in this Act, all
3investigatory files and reports of the Office of an Executive
4Inspector General, other than monthly reports required under
5Section 20-85, are confidential and privileged, are exempt
6from disclosure under the Freedom of Information Act, and
7shall not be divulged to any person or agency, except as
8necessary (i) to a law enforcement authority, (ii) to the
9ultimate jurisdictional authority, (iii) to the Executive
10Ethics Commission, (iv) to another Inspector General appointed
11pursuant to this Act, or (v) to an Inspector General appointed
12or employed by a Regional Transit Board in accordance with
13Section 75-10.
14(Source: P.A. 102-664, eff. 1-1-22.)
15    Section 10. The Legislative Audit Commission Act is
16amended by changing Section 3 as follows:
17    (25 ILCS 150/3)  (from Ch. 63, par. 106)
18    Sec. 3. The Commission shall receive the reports of the
19Auditor General and other financial statements and shall
20determine what remedial measures, if any, are needed, and
21whether special studies and investigations are necessary. If
22the Commission shall deem such studies and investigations to
23be necessary, the Commission may direct the Auditor General to
24undertake such studies or investigations. If the Commission, 
		HB5564	- 34 -	LRB104 19801 SPS 33251 b
1in its discretion, believes that investigative authority over 
2a matter should be referred to the Executive Ethics Commission 
3to investigate a State agency or executive office, it shall be 
4referred by a majority vote by the Commission. The Auditor 
5General may provide advice to the Commission on transferring 
6investigative authority to the Executive Ethics Commission.
7    When a disagreement between the Audit Commission and an
8agency under the Governor's jurisdiction arises in the process
9of the Audit Commission's review of audit reports relating to
10such agency, the Audit Commission shall promptly advise the
11Governor of such areas of disagreement. The Governor shall
12respond to the Audit Commission within a reasonable period of
13time, and in no event later than 60 days, expressing his views
14concerning such areas of disagreement and indicating the
15corrective action taken by his office with reference thereto
16or, if no action is taken, indicating the reasons therefor.
17    The Audit Commission also promptly shall advise all other
18responsible officials of the Executive, Judicial, and
19Legislative branches of the State government of areas of
20disagreement arising in the process of the Commission's review
21of their respective audit reports. With reference to his
22particular office, each such responsible official shall
23respond to the Audit Commission within a reasonable period of
24time, and in no event later than 60 days, expressing his view
25concerning such areas of disagreement and indicating the
26corrective action taken with reference thereto or stating the
		HB5564	- 35 -	LRB104 19801 SPS 33251 b
1reasons that no action has been taken.
2    The Commission shall report its activities to the General
3Assembly including such remedial measures as it deems to be
4necessary. The report of the Commission shall be made to the
5General Assembly not less often than annually and not later
6than March 1 in each year.
7    The requirement for reporting to the General Assembly
8shall be satisfied by filing copies of the report as required
9by Section 3.1 of the General Assembly Organization Act, and
10filing such additional copies with the State Government Report
11Distribution Center for the General Assembly as is required
12under paragraph (t) of Section 7 of the State Library Act.
13    In addition, the Commission has the powers and duties
14provided for in the Illinois State Auditing Act, and, if the
15provisions of that Act conflict with those of this Act, that
16Act prevails.
17(Source: P.A. 103-154, eff. 6-30-23.)
18    Section 15. The Illinois State Auditing Act is amended by
19adding Section 2-28 as follows:
20    (30 ILCS 5/2-28 new)
21    Sec. 2-28. Investigative disclosure. The Auditor General 
22shall advise the Legislative Audit Commission if the Auditor 
23General believes that the investigative authority over a 
24matter should be referred to the Office of Executive Inspector 
		HB5564	- 36 -	LRB104 19801 SPS 33251 b
1General. The Auditor General shall provide all information 
2necessary to facilitate the investigation to the Executive 
3Ethics Commission.