ETHICS-REVOLVING DOOR

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3370

Introduced 2/4/2026, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

5 ILCS 430/5-45
5 ILCS 430/20-5
5 ILCS 430/25-5
5 ILCS 430/50-5

Amends the State Officials and Employees Ethics Act. Provides that an
employer shall not knowingly offer employment, compensation, or fees for
services to a person if that person is prohibited by the Act's revolving
door prohibitions from accepting employment, compensation, or fees for
services from that employer. Grants the Executive Ethics Commission and
the Legislative Ethics Commission jurisdiction over employers who make
offers of employment, compensation, or fees for services in violation of
this prohibition. Authorizes an ethics commission to impose a penalty of
up to 3 times the total annual compensation that was offered in violation
of this prohibition.
LRB104 18795 BDA 32238 b

A BILL FOR

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1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The State Officials and Employees Ethics Act is
5
amended by changing Section 5-45, 20-5, 25-5, and 50-5 as
6
follows:

7

(5 ILCS 430/5-45)
8

Sec. 5-45.
Procurement; revolving door prohibition.
9

(a) No former officer, member, or State employee, or
10
spouse or immediate family member living with such person,
11
shall, within a period of one year immediately after
12
termination of State employment, knowingly accept employment
13
or receive compensation or fees for services from a person or
14
entity if the officer, member, or State employee, during the
15
year immediately preceding termination of State employment,
16
participated personally and substantially in the award or
17
fiscal administration of State contracts, or the issuance of
18
State contract change orders, with a cumulative value of
19
$25,000 or more to the person or entity, or its parent or
20
subsidiary.
21

(a-5) No officer, member, or spouse or immediate family
22
member living with such person shall, during the officer or
23
member's term in office or within a period of 2 years

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immediately leaving office, hold an ownership interest, other
2
than a passive interest in a publicly traded company, in any
3
gaming license under the Illinois Gambling Act, the Video
4
Gaming Act, the Illinois Horse Racing Act of 1975, or the
5
Sports Wagering Act. Any member of the General Assembly or
6
spouse or immediate family member living with such person who
7
has an ownership interest, other than a passive interest in a
8
publicly traded company, in any gaming license under the
9
Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
10
the Video Gaming Act, or the Sports Wagering Act at the time of
11
the effective date of this amendatory Act of the 101st General
12
Assembly shall divest himself or herself of such ownership
13
within one year after the effective date of this amendatory
14
Act of the 101st General Assembly. No State employee who works
15
for the Illinois Gaming Board or Illinois Racing Board or
16
spouse or immediate family member living with such person
17
shall, during State employment or within a period of 2 years
18
immediately after termination of State employment, hold an
19
ownership interest, other than a passive interest in a
20
publicly traded company, in any gaming license under the
21
Illinois Gambling Act, the Video Gaming Act, the Illinois
22
Horse Racing Act of 1975, or the Sports Wagering Act.
23

(a-10) This subsection (a-10) applies on and after June
24
25, 2021. No officer, member, or spouse or immediate family
25
member living with such person, shall, during the officer or
26
member's term in office or within a period of 2 years

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1
immediately after leaving office, hold an ownership interest,
2
other than a passive interest in a publicly traded company, in
3
any cannabis business establishment which is licensed under
4
the Cannabis Regulation and Tax Act. Any member of the General
5
Assembly or spouse or immediate family member living with such
6
person who has an ownership interest, other than a passive
7
interest in a publicly traded company, in any cannabis
8
business establishment which is licensed under the Cannabis
9
Regulation and Tax Act at the time of the effective date of
10
this amendatory Act of the 101st General Assembly shall divest
11
himself or herself of such ownership within one year after the
12
effective date of this amendatory Act of the 101st General
13
Assembly.
14

No State employee who works for any State agency that
15
regulates cannabis business establishment license holders who
16
participated personally and substantially in the award of
17
licenses under the Cannabis Regulation and Tax Act or a spouse
18
or immediate family member living with such person shall,
19
during State employment or within a period of 2 years
20
immediately after termination of State employment, hold an
21
ownership interest, other than a passive interest in a
22
publicly traded company, in any cannabis license under the
23
Cannabis Regulation and Tax Act.
24

(b) No former officer of the executive branch or State
25
employee of the executive branch with regulatory or licensing
26
authority, or spouse or immediate family member living with

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such person, shall, within a period of one year immediately
2
after termination of State employment, knowingly accept
3
employment or receive compensation or fees for services from a
4
person or entity if the officer or State employee, during the
5
year immediately preceding termination of State employment,
6
participated personally and substantially in making a
7
regulatory or licensing decision that directly applied to the
8
person or entity, or its parent or subsidiary.
9

(b-5) Beginning January 1, 2022, no former officer of the
10
executive branch shall engage in activities at the State level
11
that require registration under the Lobbyist Registration Act
12
during the term of which he or she was elected or appointed
13
until 6 months after leaving office.
14

(b-7) Beginning the second Wednesday in January of 2023,
15
no former member shall engage in activities at the State level
16
that require registration under the Lobbyist Registration Act
17
in a General Assembly of which he or she was a member until 6
18
months after leaving office.
19

(c) Within 6 months after the effective date of this
20
amendatory Act of the 96th General Assembly, each executive
21
branch constitutional officer and legislative leader, the
22
Auditor General, and the Joint Committee on Legislative
23
Support Services shall adopt a policy delineating which State
24
positions under his or her jurisdiction and control, by the
25
nature of their duties, may have the authority to participate
26
personally and substantially in the award or fiscal

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administration of State contracts or in regulatory or
2
licensing decisions. The Governor shall adopt such a policy
3
for all State employees of the executive branch not under the
4
jurisdiction and control of any other executive branch
5
constitutional officer.
6

The policies required under subsection (c) of this Section
7
shall be filed with the appropriate ethics commission
8
established under this Act or, for the Auditor General, with
9
the Office of the Auditor General.
10

(d) Each Inspector General shall have the authority to
11
determine that additional State positions under his or her
12
jurisdiction, not otherwise subject to the policies required
13
by subsection (c) of this Section, are nonetheless subject to
14
the notification requirement of subsection (f) below due to
15
their involvement in the award or fiscal administration of
16
State contracts or in regulatory or licensing decisions.
17

(e) The Joint Committee on Legislative Support Services,
18
the Auditor General, and each of the executive branch
19
constitutional officers and legislative leaders subject to
20
subsection (c) of this Section shall provide written
21
notification to all employees in positions subject to the
22
policies required by subsection (c) or a determination made
23
under subsection (d): (1) upon hiring, promotion, or transfer
24
into the relevant position; and (2) at the time the employee's
25
duties are changed in such a way as to qualify that employee.
26
An employee receiving notification must certify in writing

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that the person was advised of the prohibition and the
2
requirement to notify the appropriate Inspector General in
3
subsection (f).
4

(f) Any State employee in a position subject to the
5
policies required by subsection (c) or to a determination
6
under subsection (d), but who does not fall within the
7
prohibition of subsection (h) below, who is offered non-State
8
employment during State employment or within a period of one
9
year immediately after termination of State employment shall,
10
prior to accepting such non-State employment, notify the
11
appropriate Inspector General. Within 10 calendar days after
12
receiving notification from an employee in a position subject
13
to the policies required by subsection (c), such Inspector
14
General shall make a determination as to whether the State
15
employee is restricted from accepting such employment by
16
subsection (a) or (b). In making a determination, in addition
17
to any other relevant information, an Inspector General shall
18
assess the effect of the prospective employment or
19
relationship upon decisions referred to in subsections (a) and
20
(b), based on the totality of the participation by the former
21
officer, member, or State employee in those decisions. A
22
determination by an Inspector General must be in writing,
23
signed and dated by the Inspector General, and delivered to
24
the subject of the determination within 10 calendar days or
25
the person is deemed eligible for the employment opportunity.
26
For purposes of this subsection, "appropriate Inspector

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General" means (i) for members and employees of the
2
legislative branch, the Legislative Inspector General; (ii)
3
for the Auditor General and employees of the Office of the
4
Auditor General, the Inspector General provided for in Section
5
30-5 of this Act; and (iii) for executive branch officers and
6
employees, the Inspector General having jurisdiction over the
7
officer or employee. Notice of any determination of an
8
Inspector General and of any such appeal shall be given to the
9
ultimate jurisdictional authority, the Attorney General, and
10
the Executive Ethics Commission.
11

(g) An Inspector General's determination regarding
12
restrictions under subsection (a) or (b) may be appealed to
13
the appropriate Ethics Commission by the person subject to the
14
decision or the Attorney General no later than the 10th
15
calendar day after the date of the determination.
16

On appeal, the Ethics Commission or Auditor General shall
17
seek, accept, and consider written public comments regarding a
18
determination. In deciding whether to uphold an Inspector
19
General's determination, the appropriate Ethics Commission or
20
Auditor General shall assess, in addition to any other
21
relevant information, the effect of the prospective employment
22
or relationship upon the decisions referred to in subsections
23
(a) and (b), based on the totality of the participation by the
24
former officer, member, or State employee in those decisions.
25
The Ethics Commission shall decide whether to uphold an
26
Inspector General's determination within 10 calendar days or

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the person is deemed eligible for the employment opportunity.
2

(h) The following officers, members, or State employees
3
shall not, within a period of one year immediately after
4
termination of office or State employment, knowingly accept
5
employment or receive compensation or fees for services from a
6
person or entity if the person or entity or its parent or
7
subsidiary, during the year immediately preceding termination
8
of State employment, was a party to a State contract or
9
contracts with a cumulative value of $25,000 or more involving
10
the officer, member, or State employee's State agency, or was
11
the subject of a regulatory or licensing decision involving
12
the officer, member, or State employee's State agency,
13
regardless of whether he or she participated personally and
14
substantially in the award or fiscal administration of the
15
State contract or contracts or the making of the regulatory or
16
licensing decision in question:
17

(1) members or officers;
18

(2) members of a commission or board created by the
19

Illinois Constitution;
20

(3) persons whose appointment to office is subject to
21

the advice and consent of the Senate;
22

(4) the head of a department, commission, board,
23

division, bureau, authority, or other administrative unit
24

within the government of this State;
25

(5) chief procurement officers, State purchasing
26

officers, and their designees whose duties are directly

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related to State procurement;
2

(6) chiefs of staff, deputy chiefs of staff, associate
3

chiefs of staff, assistant chiefs of staff, and deputy
4

governors, or any other position that holds an equivalent
5

level of managerial oversight;
6

(7) employees of the Illinois Racing Board; and
7

(8) employees of the Illinois Gaming Board.
8

(i) For the purposes of this Section, with respect to
9
officers or employees of a regional transit board, as defined
10
in this Act, the phrase "person or entity" does not include:
11
(i) the United States government, (ii) the State, (iii)
12
municipalities, as defined under Article VII, Section 1 of the
13
Illinois Constitution, (iv) units of local government, as
14
defined under Article VII, Section 1 of the Illinois
15
Constitution, or (v) school districts.
16

(j) An employer shall not knowingly offer employment,
17
compensation, or fees for services to a person if that person
18
is prohibited by this Section from accepting employment,
19
compensation, or fees for services from that employer.

20
(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
21
102-664, eff. 1-1-22
.)

22

(5 ILCS 430/20-5)
23

Sec. 20-5.
Executive Ethics Commission.
24

(a) The Executive Ethics Commission is created.
25

(b) The Executive Ethics Commission shall consist of 9

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1
commissioners. The Governor shall appoint 5 commissioners, and
2
the Attorney General, Secretary of State, Comptroller, and
3
Treasurer shall each appoint one commissioner. Appointments
4
shall be made by and with the advice and consent of the Senate
5
by three-fifths of the elected members concurring by record
6
vote. Any nomination not acted upon by the Senate within 60
7
session days of the receipt thereof shall be deemed to have
8
received the advice and consent of the Senate. If, during a
9
recess of the Senate, there is a vacancy in an office of
10
commissioner, the appointing authority shall make a temporary
11
appointment until the next meeting of the Senate when the
12
appointing authority shall make a nomination to fill that
13
office. No person rejected for an office of commissioner
14
shall, except by the Senate's request, be nominated again for
15
that office at the same session of the Senate or be appointed
16
to that office during a recess of that Senate. No more than 5
17
commissioners may be of the same political party.
18

The terms of the initial commissioners shall commence upon
19
qualification. Four initial appointees of the Governor, as
20
designated by the Governor, shall serve terms running through
21
June 30, 2007. One initial appointee of the Governor, as
22
designated by the Governor, and the initial appointees of the
23
Attorney General, Secretary of State, Comptroller, and
24
Treasurer shall serve terms running through June 30, 2008. The
25
initial appointments shall be made within 60 days after the
26
effective date of this Act.

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After the initial terms, commissioners shall serve for
2
4-year terms commencing on July 1 of the year of appointment
3
and running through June 30 of the fourth following year.
4
Commissioners may be reappointed to one or more subsequent
5
terms.
6

Vacancies occurring other than at the end of a term shall
7
be filled by the appointing authority only for the balance of
8
the term of the commissioner whose office is vacant.
9

Terms shall run regardless of whether the position is
10
filled.
11

(c) The appointing authorities shall appoint commissioners
12
who have experience holding governmental office or employment
13
and shall appoint commissioners from the general public. A
14
person is not eligible to serve as a commissioner if that
15
person (i) has been convicted of a felony or a crime of
16
dishonesty or moral turpitude, (ii) is, or was within the
17
preceding 12 months, engaged in activities that require
18
registration under the Lobbyist Registration Act, (iii) is
19
related to the appointing authority, or (iv) is a State
20
officer or employee.
21

(d) The Executive Ethics Commission shall have
22
jurisdiction over all officers and employees of State agencies
23
other than the General Assembly, the Senate, the House of
24
Representatives, the President and Minority Leader of the
25
Senate, the Speaker and Minority Leader of the House of
26
Representatives, the Senate Operations Commission, the

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legislative support services agencies, and the Office of the
2
Auditor General. The Executive Ethics Commission shall have
3
jurisdiction over all board members and employees of Regional
4
Transit Boards
,

and
all board members and employees of
5
Regional Development Authorities
, and all employers who make
6
offers of employment, compensation, or fees for services in
7
violation of subsection (j) of Section 5-45
. The jurisdiction
8
of the Commission is limited to matters arising under this
9
Act, except as provided in subsection (d-5).
10

A member or legislative branch State employee serving on
11
an executive branch board or commission remains subject to the
12
jurisdiction of the Legislative Ethics Commission and is not
13
subject to the jurisdiction of the Executive Ethics
14
Commission.
15

(d-5) The Executive Ethics Commission shall have
16
jurisdiction over all chief procurement officers and
17
procurement compliance monitors and their respective staffs.
18
The Executive Ethics Commission shall have jurisdiction over
19
any matters arising under the Illinois Procurement Code if the
20
Commission is given explicit authority in that Code.
21

(d-6) (1) The Executive Ethics Commission shall have
22
jurisdiction over the Illinois Power Agency and its staff. The
23
Director of the Agency shall be appointed by a majority of the
24
commissioners of the Executive Ethics Commission, subject to
25
Senate confirmation, for a term of 2 years. The Director is
26
removable for cause by a majority of the Commission upon a

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1
finding of neglect, malfeasance, absence, or incompetence.
2

(2) In case of a vacancy in the office of Director of the
3
Illinois Power Agency during a recess of the Senate, the
4
Executive Ethics Commission may make a temporary appointment
5
until the next meeting of the Senate, at which time the
6
Executive Ethics Commission shall nominate some person to fill
7
the office, and any person so nominated who is confirmed by the
8
Senate shall hold office during the remainder of the term and
9
until his or her successor is appointed and qualified. Nothing
10
in this subsection shall prohibit the Executive Ethics
11
Commission from removing a temporary appointee or from
12
appointing a temporary appointee as the Director of the
13
Illinois Power Agency.
14

(3) Prior to June 1, 2012, the Executive Ethics Commission
15
may, until the Director of the Illinois Power Agency is
16
appointed and qualified or a temporary appointment is made
17
pursuant to paragraph (2) of this subsection, designate some
18
person as an acting Director to execute the powers and
19
discharge the duties vested by law in that Director. An acting
20
Director shall serve no later than 60 calendar days, or upon
21
the making of an appointment pursuant to paragraph (1) or (2)
22
of this subsection, whichever is earlier. Nothing in this
23
subsection shall prohibit the Executive Ethics Commission from
24
removing an acting Director or from appointing an acting
25
Director as the Director of the Illinois Power Agency.
26

(4) No person rejected by the Senate for the office of

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1
Director of the Illinois Power Agency shall, except at the
2
Senate's request, be nominated again for that office at the
3
same session or be appointed to that office during a recess of
4
that Senate.
5

(d-7) The Executive Ethics Commission shall have
6
jurisdiction over complainants and respondents in violation of
7
subsection (d) of Section 20-90.
8

(e) The Executive Ethics Commission must meet, either in
9
person or by other technological means, at least monthly and
10
as often as necessary. At the first meeting of the Executive
11
Ethics Commission, the commissioners shall choose from their
12
number a chairperson and other officers that they deem
13
appropriate. The terms of officers shall be for 2 years
14
commencing July 1 and running through June 30 of the second
15
following year. Meetings shall be held at the call of the
16
chairperson or any 3 commissioners. Official action by the
17
Commission shall require the affirmative vote of 5
18
commissioners, and a quorum shall consist of 5 commissioners.
19
Commissioners shall receive compensation in an amount equal to
20
the compensation of members of the State Board of Elections
21
and may be reimbursed for their reasonable expenses actually
22
incurred in the performance of their duties.
23

(f) No commissioner or employee of the Executive Ethics
24
Commission may during his or her term of appointment or
25
employment:
26

(1) become a candidate for any elective office;

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(2) hold any other elected or appointed public office
2

except for appointments on governmental advisory boards or
3

study commissions or as otherwise expressly authorized by
4

law;
5

(3) be actively involved in the affairs of any
6

political party or political organization; or
7

(4) advocate for the appointment of another person to
8

an appointed or elected office or position or actively
9

participate in any campaign for any elective office.
10

(g) An appointing authority may remove a commissioner only
11
for cause.
12

(h) The Executive Ethics Commission shall appoint an
13
Executive Director. The compensation of the Executive Director
14
shall be as determined by the Commission. The Executive
15
Director of the Executive Ethics Commission may employ and
16
determine the compensation of staff, as appropriations permit.
17

(i) The Executive Ethics Commission shall appoint, by a
18
majority of the members appointed to the Commission, chief
19
procurement officers and may appoint procurement compliance
20
monitors in accordance with the provisions of the Illinois
21
Procurement Code. The compensation of a chief procurement
22
officer and procurement compliance monitor shall be determined
23
by the Commission.
24
(Source: P.A. 103-517, eff. 8-11-23.)

25

(5 ILCS 430/25-5)

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1

(Text of Section before amendment by P.A. 104-435
)
2

Sec. 25-5.
Legislative Ethics Commission.

3

(a) The Legislative Ethics Commission is created.
4

(b) The Legislative Ethics Commission shall consist of 8
5
commissioners appointed 2 each by the President and Minority
6
Leader of the Senate and the Speaker and Minority Leader of the
7
House of Representatives.
8

The terms of the initial commissioners shall commence upon
9
qualification. Each appointing authority shall designate one
10
appointee who shall serve for a 2-year term running through
11
June 30, 2005. Each appointing authority shall designate one
12
appointee who shall serve for a 4-year term running through
13
June 30, 2007. The initial appointments shall be made within
14
60 days after the effective date of this Act.
15

After the initial terms, commissioners shall serve for
16
4-year terms commencing on July 1 of the year of appointment
17
and running through June 30 of the fourth following year.
18
Commissioners may be reappointed to one or more subsequent
19
terms.
20

A vacancy shall occur upon a commissioner's death,
21
resignation, removal, disqualification, termination of
22
legislative service in the house or caucus of the appointing
23
authority, or other inability to act. Vacancies occurring
24
other than at the end of a term shall be filled by the
25
appointing authority only for the balance of the term of the
26
commissioner whose office is vacant.

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Terms shall run regardless of whether the position is
2
filled.
3

(c) The appointing authorities shall appoint commissioners
4
who have experience holding governmental office or employment
5
and may appoint commissioners who are members of the General
6
Assembly as well as commissioners from the general public. A
7
commissioner who is a member of the General Assembly must
8
recuse himself or herself from participating in any matter
9
relating to any investigation or proceeding in which he or she
10
is the subject or is a complainant. A person is not eligible to
11
serve as a commissioner if that person (i) has been convicted
12
of a felony or a crime of dishonesty or moral turpitude, (ii)
13
is, or was within the preceding 12 months, engaged in
14
activities that require registration under the Lobbyist
15
Registration Act, (iii) is a relative of the appointing
16
authority, (iv) is a State officer or employee other than a
17
member of the General Assembly, or (v) is a candidate for
18
statewide, federal, or judicial office.
19

(c-5) If a commissioner is required to recuse himself or
20
herself from participating in a matter as provided in
21
subsection (c), the recusal shall create a temporary vacancy
22
for the limited purpose of consideration of the matter for
23
which the commissioner recused himself or herself, and the
24
appointing authority for the recusing commissioner shall make
25
a temporary appointment to fill the vacancy for consideration
26
of the matter for which the commissioner recused himself or

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1
herself.
2

(d) The Legislative Ethics Commission shall have
3
jurisdiction over current and former members of the General
4
Assembly regarding events occurring during a member's term of
5
office and current and former State employees regarding events
6
occurring during any period of employment where the State
7
employee's ultimate jurisdictional authority is (i) a
8
legislative leader, (ii) the Senate Operations Commission, or
9
(iii) the Joint Committee on Legislative Support Services. The
10
Legislative Ethics Commission shall have jurisdiction over
11
complainants and respondents in violation of subsection (d) of
12
Section 25-90
, and it shall also have jurisdiction over
13
employers who make offers of employment, compensation, or fees
14
for services in violation of subsection (j) of Section 5-45
.
15
The jurisdiction of the Commission is limited to matters
16
arising under this Act.
17

An officer or executive branch State employee serving on a
18
legislative branch board or commission remains subject to the
19
jurisdiction of the Executive Ethics Commission and is not
20
subject to the jurisdiction of the Legislative Ethics
21
Commission.
22

(e) The Legislative Ethics Commission must meet, either in
23
person or by other technological means, monthly or as often as
24
necessary. At the first meeting of the Legislative Ethics
25
Commission, the commissioners shall choose from their number a
26
chairperson and other officers that they deem appropriate. The

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1
terms of officers shall be for 2 years commencing July 1 and
2
running through June 30 of the second following year. Meetings
3
shall be held at the call of the chairperson or any 3
4
commissioners. Official action by the Commission shall require
5
the affirmative vote of 5 commissioners, and a quorum shall
6
consist of 5 commissioners. Commissioners shall receive no
7
compensation but may be reimbursed for their reasonable
8
expenses actually incurred in the performance of their duties.
9

(f) No commissioner, other than a commissioner who is a
10
member of the General Assembly, or employee of the Legislative
11
Ethics Commission may during his or her term of appointment or
12
employment:
13

(1) become a candidate for any elective office;
14

(2) hold any other elected or appointed public office
15

except for appointments on governmental advisory boards or
16

study commissions or as otherwise expressly authorized by
17

law;
18

(3) be actively involved in the affairs of any
19

political party or political organization; or
20

(4) advocate for the appointment of another person to
21

an appointed or elected office or position or actively
22

participate in any campaign for any elective office.
23

(f-5) No commissioner who is a member of the General
24
Assembly may be a candidate for statewide, federal, or
25
judicial office. If a commissioner who is a member of the
26
General Assembly files petitions to be a candidate for a

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1
statewide, federal, or judicial office, he or she shall be
2
deemed to have resigned from his or her position as a
3
commissioner on the date his or her name is certified for the
4
ballot by the State Board of Elections or local election
5
authority and his or her position as a commissioner shall be
6
deemed vacant. Such person may not be reappointed to the
7
Commission during any time he or she is a candidate for
8
statewide, federal, or judicial office.
9

(g) An appointing authority may remove a commissioner only
10
for cause.
11

(h) The Legislative Ethics Commission shall appoint an
12
Executive Director subject to the approval of at least 3 of the
13
4 legislative leaders. The compensation of the Executive
14
Director shall be as determined by the Commission. The
15
Executive Director of the Legislative Ethics Commission may
16
employ, subject to the approval of at least 3 of the 4
17
legislative leaders, and determine the compensation of staff,
18
as appropriations permit.
19

(i) In consultation with the Legislative Inspector
20
General, the Legislative Ethics Commission may develop
21
comprehensive training for members and employees under its
22
jurisdiction that includes, but is not limited to, sexual
23
harassment, employment discrimination, and workplace civility.
24
The training may be recommended to the ultimate jurisdictional
25
authorities and may be approved by the Commission to satisfy
26
the sexual harassment training required under Section 5-10.5

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1
or be provided in addition to the annual sexual harassment
2
training required under Section 5-10.5. The Commission may
3
seek input from governmental agencies or private entities for
4
guidance in developing such training.
5
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
6
101-617, eff. 12-20-19; 102-664, eff. 1-1-22
.)

7

(Text of Section after amendment by P.A. 104-435
)
8

Sec. 25-5.
Legislative Ethics Commission.

9

(a) The Legislative Ethics Commission is created.
10

(b) The Legislative Ethics Commission shall consist of 8
11
commissioners appointed 2 each by the President and Minority
12
Leader of the Senate and the Speaker and Minority Leader of the
13
House of Representatives.
14

The terms of the initial commissioners shall commence upon
15
qualification. Each appointing authority shall designate one
16
appointee who shall serve for a 2-year term running through
17
June 30, 2005. Each appointing authority shall designate one
18
appointee who shall serve for a 4-year term running through
19
June 30, 2007. The initial appointments shall be made within
20
60 days after the effective date of this Act.
21

After the initial terms, commissioners shall serve for
22
4-year terms commencing on July 1 of the year of appointment
23
and running through June 30 of the fourth following year.
24
Commissioners may be reappointed to one or more subsequent
25
terms.

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1

A vacancy shall occur upon a commissioner's death,
2
resignation, removal, disqualification, termination of
3
legislative service in the house or caucus of the appointing
4
authority, or other inability to act. Vacancies occurring
5
other than at the end of a term shall be filled by the
6
appointing authority only for the balance of the term of the
7
commissioner whose office is vacant.
8

Terms shall run regardless of whether the position is
9
filled.
10

(c) The appointing authorities shall appoint commissioners
11
who have experience holding governmental office or employment
12
and may appoint commissioners who are members of the General
13
Assembly as well as commissioners from the general public. A
14
commissioner who is a member of the General Assembly must
15
recuse himself or herself from participating in any matter
16
relating to any investigation or proceeding in which he or she
17
is the subject or is a complainant. A person is not eligible to
18
serve as a commissioner if that person (i) has been convicted
19
of a felony or a crime of dishonesty or moral turpitude, (ii)
20
is, or was within the preceding 12 months, engaged in
21
activities that require registration under the Lobbyist
22
Registration Act, (iii) is a relative of the appointing
23
authority, (iv) is a State officer or employee other than a
24
member of the General Assembly, or (v) is a candidate for
25
statewide, federal, or judicial office.
26

(c-5) If a commissioner is required to recuse himself or

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1
herself from participating in a matter as provided in
2
subsection (c), the recusal shall create a temporary vacancy
3
for the limited purpose of consideration of the matter for
4
which the commissioner recused himself or herself, and the
5
appointing authority for the recusing commissioner shall make
6
a temporary appointment to fill the vacancy for consideration
7
of the matter for which the commissioner recused himself or
8
herself.
9

(d) The Legislative Ethics Commission shall have
10
jurisdiction over current and former members of the General
11
Assembly regarding events occurring during a member's term of
12
office and current and former State employees regarding events
13
occurring during any period of employment where the State
14
employee's ultimate jurisdictional authority is (i) a
15
legislative leader or (ii) the Joint Committee on Legislative
16
Support Services. The Legislative Ethics Commission shall have
17
jurisdiction over complainants and respondents in violation of
18
subsection (d) of Section 25-90
, and it shall also have
19
jurisdiction over employers who make offers of employment,
20
compensation, or fees for services in violation of subsection
21
(j) of Section 5-45
. The jurisdiction of the Commission is
22
limited to matters arising under this Act.
23

An officer or executive branch State employee serving on a
24
legislative branch board or commission remains subject to the
25
jurisdiction of the Executive Ethics Commission and is not
26
subject to the jurisdiction of the Legislative Ethics

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1
Commission.
2

(e) The Legislative Ethics Commission must meet, either in
3
person or by other technological means, monthly or as often as
4
necessary. At the first meeting of the Legislative Ethics
5
Commission, the commissioners shall choose from their number a
6
chairperson and other officers that they deem appropriate. The
7
terms of officers shall be for 2 years commencing July 1 and
8
running through June 30 of the second following year. Meetings
9
shall be held at the call of the chairperson or any 3
10
commissioners. Official action by the Commission shall require
11
the affirmative vote of 5 commissioners, and a quorum shall
12
consist of 5 commissioners. Commissioners shall receive no
13
compensation but may be reimbursed for their reasonable
14
expenses actually incurred in the performance of their duties.
15

(f) No commissioner, other than a commissioner who is a
16
member of the General Assembly, or employee of the Legislative
17
Ethics Commission may during his or her term of appointment or
18
employment:
19

(1) become a candidate for any elective office;
20

(2) hold any other elected or appointed public office
21

except for appointments on governmental advisory boards or
22

study commissions or as otherwise expressly authorized by
23

law;
24

(3) be actively involved in the affairs of any
25

political party or political organization; or
26

(4) advocate for the appointment of another person to

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LRB104 18795 BDA 32238 b
1

an appointed or elected office or position or actively
2

participate in any campaign for any elective office.
3

(f-5) No commissioner who is a member of the General
4
Assembly may be a candidate for statewide, federal, or
5
judicial office. If a commissioner who is a member of the
6
General Assembly files petitions to be a candidate for a
7
statewide, federal, or judicial office, he or she shall be
8
deemed to have resigned from his or her position as a
9
commissioner on the date his or her name is certified for the
10
ballot by the State Board of Elections or local election
11
authority and his or her position as a commissioner shall be
12
deemed vacant. Such person may not be reappointed to the
13
Commission during any time he or she is a candidate for
14
statewide, federal, or judicial office.
15

(g) An appointing authority may remove a commissioner only
16
for cause.
17

(h) The Legislative Ethics Commission shall appoint an
18
Executive Director subject to the approval of at least 3 of the
19
4 legislative leaders. The compensation of the Executive
20
Director shall be as determined by the Commission. The
21
Executive Director of the Legislative Ethics Commission may
22
employ, subject to the approval of at least 3 of the 4
23
legislative leaders, and determine the compensation of staff,
24
as appropriations permit.
25

(i) In consultation with the Legislative Inspector
26
General, the Legislative Ethics Commission may develop

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1
comprehensive training for members and employees under its
2
jurisdiction that includes, but is not limited to, sexual
3
harassment, employment discrimination, and workplace civility.
4
The training may be recommended to the ultimate jurisdictional
5
authorities and may be approved by the Commission to satisfy
6
the sexual harassment training required under Section 5-10.5
7
or be provided in addition to the annual sexual harassment
8
training required under Section 5-10.5. The Commission may
9
seek input from governmental agencies or private entities for
10
guidance in developing such training.
11
(Source: P.A. 104-435, eff. 7-1-26.)

12

(5 ILCS 430/50-5)
13

Sec. 50-5.
Penalties.
14

(a) A person is guilty of a Class A misdemeanor if that
15
person intentionally violates any provision of Section 5-15,
16
5-30, 5-40, or 5-45 or Article 15.
17

(a-1) An ethics commission may levy an administrative fine
18
for a violation of Section 5-45 of this Act of up to 3 times
19
the total annual compensation that
was offered or
would have
20
been obtained in violation of Section 5-45.
21

(b) A person who intentionally violates any provision of
22
Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
23
offense subject to a fine of at least $1,001 and up to $5,000.
24

(c) A person who intentionally violates any provision of
25
Article 10 is guilty of a business offense and subject to a

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1
fine of at least $1,001 and up to $5,000.
2

(d) Any person who intentionally makes a false report
3
alleging a violation of any provision of this Act to an ethics
4
commission, an inspector general, the Illinois State Police, a
5
State's Attorney, the Attorney General, or any other law
6
enforcement official is guilty of a Class A misdemeanor.
7

(e) An ethics commission may levy an administrative fine
8
of up to $5,000 against any person who violates this Act, who
9
intentionally obstructs or interferes with an investigation
10
conducted under this Act by an inspector general, or who
11
intentionally makes a false, frivolous, or bad faith
12
allegation.
13

(f) In addition to any other penalty that may apply,
14
whether criminal or civil, a State employee who intentionally
15
violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
16
5-45, or 5-50, Article 10, Article 15, or Section 20-90 or
17
25-90 is subject to discipline or discharge by the appropriate
18
ultimate jurisdictional authority.
19

(g) Any person who violates Section 5-65 is subject to a
20
fine of up to $5,000 per offense, and is subject to discipline
21
or discharge by the appropriate ultimate jurisdictional
22
authority. Each violation of Section 5-65 is a separate
23
offense. Any penalty imposed by an ethics commission shall be
24
separate and distinct from any fines or penalties imposed by a
25
court of law or a State or federal agency.
26

(h) Any natural person or lobbying entity who

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1
intentionally violates Section 4.7, paragraph (d) of Section
2
5, or subsection (a-5) of Section 11 of the Lobbyist
3
Registration Act is guilty of a business offense and shall be
4
subject to a fine of up to $5,000. The Executive Ethics
5
Commission, after the adjudication of a violation of Section
6
4.7 of the Lobbyist Registration Act for which an
7
investigation was initiated by the Inspector General appointed
8
by the Secretary of State under Section 14 of the Secretary of
9
State Act, is authorized to strike or suspend the registration
10
under the Lobbyist Registration Act of any person or lobbying
11
entity for which that person is employed for a period of up to
12
3 years. In addition to any other fine or penalty which may be
13
imposed, the Executive Ethics Commission may also levy an
14
administrative fine of up to $5,000 for a violation specified
15
under this subsection (h). Any penalty imposed by an ethics
16
commission shall be separate and distinct from any fines or
17
penalties imposed by a court of law or by the Secretary of
18
State under the Lobbyist Registration Act.
19
(Source: P.A. 102-538, eff. 8-20-21.)

20

Section 95.
No acceleration or delay.
Where this Act makes
21
changes in a statute that is represented in this Act by text
22
that is not yet or no longer in effect (for example, a Section
23
represented by multiple versions), the use of that text does
24
not accelerate or delay the taking effect of (i) the changes
25
made by this Act or (ii) provisions derived from any other

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1
Public Act.

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