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Full Text of HB4810  101st General Assembly

HB4810 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4810

 

Introduced 2/18/2020, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-52
5 ILCS 430/25-15
5 ILCS 430/25-20
5 ILCS 430/25-52

    Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena is void. Removes language providing that the Legislative Inspector General needs the advance approval of the Commission to issue subpoenas. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Makes conforming changes. Effective immediately.


LRB101 16493 RJF 65874 b

 

 

A BILL FOR

 

HB4810LRB101 16493 RJF 65874 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 20-52, 25-15, 25-20, and 25-52 as
6follows:
 
7    (5 ILCS 430/20-52)
8    Sec. 20-52. Release of summary reports.
9    (a) Within 60 days after receipt of a summary report and
10response from the ultimate jurisdictional authority or agency
11head that resulted in a suspension of at least 3 days or
12termination of employment, the Executive Ethics Commission
13shall make available to the public the report and response or a
14redacted version of the report and response. The Executive
15Ethics Commission may make available to the public any other
16summary report and response of the ultimate jurisdictional
17authority or agency head or a redacted version of the report
18and response.
19    (b) The Commission shall redact information in the summary
20report that may reveal the identity of witnesses, complainants,
21or informants or if the Commission determines it is appropriate
22to protect the identity of a person before the report is made
23public. The Commission may also redact any information it

 

 

HB4810- 2 -LRB101 16493 RJF 65874 b

1believes should not be made public. Prior to publication, the
2Commission shall permit the respondents, Inspector General,
3and Attorney General to review documents to be made public and
4offer suggestions for redaction or provide a response that
5shall be made public with the summary report.
6    (c) The Commission may withhold publication of the report
7or response if the Executive Inspector General or Attorney
8General certifies that releasing the report to the public will
9interfere with an ongoing investigation.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/25-15)
12    Sec. 25-15. Duties of the Legislative Ethics Commission.
13In addition to duties otherwise assigned by law, the
14Legislative Ethics Commission shall have the following duties:
15        (1) To promulgate rules governing the performance of
16    its duties and the exercise of its powers and governing the
17    investigations of the Legislative Inspector General;
18    except that, the Legislative Ethics Commission shall adopt
19    no rule requiring the Legislative Inspector General to seek
20    the Commission's advance approval before commencing any
21    investigation authorized under this Article or issuing a
22    subpoena under this Article. Any existing rule, as of the
23    effective date of this amendatory Act of the 101st General
24    Assembly, requiring the Legislative Inspector General to
25    seek the Commission's advance approval before commencing

 

 

HB4810- 3 -LRB101 16493 RJF 65874 b

1    any investigation or issuing a subpoena is void. The rules
2    shall be available on the Commission's website and any
3    proposed changes to the rules must be made available to the
4    public on the Commission's website no less than 7 days
5    before the adoption of the changes. Any person shall be
6    given an opportunity to provide written or oral testimony
7    before the Commission in support of or opposition to
8    proposed rules.
9        (2) To conduct administrative hearings and rule on
10    matters brought before the Commission only upon the receipt
11    of pleadings filed by the Legislative Inspector General and
12    not upon its own prerogative, but may appoint special
13    Legislative Inspectors General as provided in Section
14    25-21. Any other allegations of misconduct received by the
15    Commission from a person other than the Legislative
16    Inspector General shall be referred to the Office of the
17    Legislative Inspector General.
18        (3) To prepare and publish manuals and guides and,
19    working with the Office of the Attorney General, oversee
20    training of employees under its jurisdiction that explains
21    their duties.
22        (4) To prepare public information materials to
23    facilitate compliance, implementation, and enforcement of
24    this Act.
25        (5) To submit reports as required by this Act.
26        (6) To the extent authorized by this Act, to make

 

 

HB4810- 4 -LRB101 16493 RJF 65874 b

1    rulings, issue recommendations, and impose administrative
2    fines, if appropriate, in connection with the
3    implementation and interpretation of this Act. The powers
4    and duties of the Commission are limited to matters clearly
5    within the purview of this Act.
6        (7) To issue subpoenas with respect to matters pending
7    before the Commission, subject to the provisions of this
8    Article and in the discretion of the Commission, to compel
9    the attendance of witnesses for purposes of testimony and
10    the production of documents and other items for inspection
11    and copying.
12        (8) To appoint special Legislative Inspectors General
13    as provided in Section 25-21.
14        (9) To conspicuously display on the Commission's
15    website the procedures for reporting a violation of this
16    Act, including how to report violations via email or
17    online.
18        (10) To conspicuously display on the Commission's
19    website any vacancies within the Office of the Legislative
20    Inspector General.
21        (11) To appoint an Acting Legislative Inspector
22    General in the event of a vacancy in the Office of the
23    Legislative Inspector General.
24(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
25    (5 ILCS 430/25-20)

 

 

HB4810- 5 -LRB101 16493 RJF 65874 b

1    Sec. 25-20. Duties of the Legislative Inspector General.
2In addition to duties otherwise assigned by law, the
3Legislative Inspector General shall have the following duties:
4        (1) To receive and investigate allegations of
5    violations of this Act. Except as otherwise provided in
6    paragraph (1.5), an investigation may not be initiated more
7    than one year after the most recent act of the alleged
8    violation or of a series of alleged violations except where
9    there is reasonable cause to believe that fraudulent
10    concealment has occurred. To constitute fraudulent
11    concealment sufficient to toll this limitations period,
12    there must be an affirmative act or representation
13    calculated to prevent discovery of the fact that a
14    violation has occurred. The Legislative Inspector General
15    shall have the discretion to determine the appropriate
16    means of investigation as permitted by law.
17        (1.5) Notwithstanding any provision of law to the
18    contrary, the Legislative Inspector General, whether
19    appointed by the Legislative Ethics Commission or the
20    General Assembly, may initiate an investigation based on
21    information provided to the Office of the Legislative
22    Inspector General or the Legislative Ethics Commission
23    during the period from December 1, 2014 through November 3,
24    2017. Any investigation initiated under this paragraph
25    (1.5) must be initiated within one year after the effective
26    date of this amendatory Act of the 100th General Assembly.

 

 

HB4810- 6 -LRB101 16493 RJF 65874 b

1        Notwithstanding any provision of law to the contrary,
2    the Legislative Inspector General, through the Attorney
3    General, shall have the authority to file a complaint
4    related to any founded violations that occurred during the
5    period December 1, 2014 through November 3, 2017 to the
6    Legislative Ethics Commission, and the Commission shall
7    have jurisdiction to conduct administrative hearings
8    related to any pleadings filed by the Legislative Inspector
9    General, provided the complaint is filed with the
10    Commission no later than 6 months after the summary report
11    is provided to the Attorney General in accordance with
12    subsection (c) of Section 25-50.
13        (2) To request information relating to an
14    investigation from any person when the Legislative
15    Inspector General deems that information necessary in
16    conducting an investigation.
17        (3) To issue subpoenas, with the advance approval of
18    the Commission, to compel the attendance of witnesses for
19    the purposes of testimony and production of documents and
20    other items for inspection and copying and to make service
21    of those subpoenas and subpoenas issued under item (7) of
22    Section 25-15.
23        (4) To submit reports as required by this Act.
24        (5) To file pleadings in the name of the Legislative
25    Inspector General with the Legislative Ethics Commission,
26    through the Attorney General, as provided in this Article

 

 

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1    if the Attorney General finds that reasonable cause exists
2    to believe that a violation has occurred.
3        (6) To assist and coordinate the ethics officers for
4    State agencies under the jurisdiction of the Legislative
5    Inspector General and to work with those ethics officers.
6        (7) To participate in or conduct, when appropriate,
7    multi-jurisdictional investigations.
8        (8) To request, as the Legislative Inspector General
9    deems appropriate, from ethics officers of State agencies
10    under his or her jurisdiction, reports or information on
11    (i) the content of a State agency's ethics training program
12    and (ii) the percentage of new officers and employees who
13    have completed ethics training.
14        (9) To establish a policy that ensures the appropriate
15    handling and correct recording of all investigations of
16    allegations and to ensure that the policy is accessible via
17    the Internet in order that those seeking to report those
18    allegations are familiar with the process and that the
19    subjects of those allegations are treated fairly.
20        (10) To post information to the Legislative Inspector
21    General's website explaining to complainants and subjects
22    of an investigation the legal limitations on the
23    Legislative Inspector General's ability to provide
24    information to them and a general overview of the
25    investigation process.
26(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 

 

 

HB4810- 8 -LRB101 16493 RJF 65874 b

1    (5 ILCS 430/25-52)
2    Sec. 25-52. Release of summary reports.
3    (a) Within 60 days after receipt of a summary report and
4response from the ultimate jurisdictional authority or agency
5head that resulted in a suspension of at least 3 days or
6termination of employment, the Legislative Ethics Commission
7shall make available to the public the report and response or a
8redacted version of the report and response. The Legislative
9Ethics Commission may make available to the public any other
10summary report and response of the ultimate jurisdictional
11authority or agency head or a redacted version of the report
12and response.
13    (b) The Legislative Ethics Commission shall redact
14information in the summary report that may reveal the identity
15of witnesses, complainants, or informants or if the Commission
16determines it is appropriate to protect the identity of a
17person before publication. The Commission may also redact any
18information it believes should not be made public. Prior to
19publication, the Commission shall permit the respondents,
20Legislative Inspector General, and Attorney General to review
21documents to be made public and offer suggestions for redaction
22or provide a response that shall be made public with the
23summary report.
24    (c) The Legislative Ethics Commission may withhold
25publication of the report or response if the Legislative

 

 

HB4810- 9 -LRB101 16493 RJF 65874 b

1Inspector General or Attorney General certifies that
2publication will interfere with an ongoing investigation.
3(Source: P.A. 96-555, eff. 8-18-09.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.