HB3962 101ST GENERAL ASSEMBLY

LRB101 15350 RJF 64552 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3962

Introduced 11/12/2019, by Rep. David McSweeney - Jonathan Carroll

SYNOPSIS AS INTRODUCED:

5 ILCS 430/25-52

Amends the State Officials and Employees Ethics Act. Provides that a founded summary report by the Legislative Inspector General alleging unethical or wrongful conduct on behalf of a member of the General Assembly in violation of the Act, along with any response from the ultimate jurisdictional authority or member, shall be made available to the public, regardless of whether a complaint was filed with the Legislative Ethics Commission and regardless of whether disciplinary action resulted. Provides that the release of a founded summary report shall not require the approval, by vote or otherwise, of the Legislative Ethics Commission. Provides that the Legislative Ethics Commission shall (rather than may) also make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head, or a redacted version of the report and response, for which a complaint was filed, regardless of whether disciplinary action resulted.

A BILL FOR

AN ACT concerning government.

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

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 25-52 as follows:

(5 ILCS 430/25-52)

Sec. 25-52. Release of summary reports.

(a) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in a suspension of at least 3 days or termination of employment, the Legislative Ethics Commission shall make available to the public the report and response or a redacted version of the report and response. The Legislative Ethics Commission shall also may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response for which a complaint was filed, regardless of whether disciplinary action resulted.

(a-5) Notwithstanding any provision of law to the contrary, a founded summary report by the Legislative Inspector General alleging unethical or wrongful conduct on behalf of a member of the General Assembly in violation of this Act, along with any response from the ultimate jurisdictional authority or member, shall be made available to the public, regardless of whether a complaint was filed with the Legislative Ethics Commission and regardless of whether disciplinary action resulted. The release of a founded summary report under this subsection (a-5) shall not require the approval, by vote or otherwise, of the Legislative Ethics Commission.

(b) The Legislative Ethics Commission shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Commission determines it is appropriate to protect the identity of a person before publication. The Commission may also redact any information it believes should not be made public. Prior to publication, the Commission shall permit the respondents, Legislative Inspector General, and Attorney General to review documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report.

(c) The Legislative Ethics Commission may withhold publication of the report or response if the Legislative Inspector General or Attorney General certifies that publication will interfere with an ongoing investigation.

(Source: P.A. 96-555, eff. 8-18-09.)