Illinois General Assembly - Full Text of HB2575
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Full Text of HB2575  102nd General Assembly

HB2575 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2575

 

Introduced 2/19/2021, by Rep. Mike Murphy

 

SYNOPSIS AS INTRODUCED:
 
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 Legislative Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing an investigation or issuing a subpoena. Provides that an investigation of the Legislative Inspector General may not be initiated more than 2 years (currently, one year) after the most recent act of the alleged violation or of a series of alleged violations. Provides that if the subject matter of the investigation would constitute a civil offense or crime if proven, then the statute of limitations should be the same as that for the offense or crime. Requires the Legislative Inspector General to notify complainants of receipt of a complaint within 15 business day after receiving such complaint. Provides for the release of founded and unfounded reports. Provides that any respondent who is afforded the opportunity to participate in an investigation, but who refuses to cooperate, forfeits the right to offer redactions or to provide a response to the report to the Commission. Makes conforming and other changes. Effective immediately.


LRB102 11313 RJF 16646 b

 

 

A BILL FOR

 

HB2575LRB102 11313 RJF 16646 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-15, 25-20, and 25-52 as
6follows:
 
7    (5 ILCS 430/25-15)
8    Sec. 25-15. Duties of the Legislative Ethics Commission.
9In addition to duties otherwise assigned by law, the
10Legislative Ethics Commission shall have the following duties:
11        (1) To promulgate rules governing the performance of
12    its duties and the exercise of its powers and governing
13    the investigations of the Legislative Inspector General;
14    except that, the Legislative Ethics Commission shall adopt
15    no rule requiring the Legislative Inspector General to
16    seek the Commission's advance approval before commencing
17    any investigation authorized under this Article or issuing
18    a subpoena under this Article. Any existing rule, as of
19    the effective date of this amendatory Act of the 102nd
20    General Assembly, requiring the Legislative Inspector
21    General to seek the Commission's advance approval before
22    commencing any investigation or issuing a subpoena is
23    void. The rules shall be available on the Commission's

 

 

HB2575- 2 -LRB102 11313 RJF 16646 b

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

 

 

HB2575- 3 -LRB102 11313 RJF 16646 b

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

 

 

HB2575- 4 -LRB102 11313 RJF 16646 b

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

 

 

HB2575- 5 -LRB102 11313 RJF 16646 b

1    (1.5) must be initiated within one year after the
2    effective date of this amendatory Act of the 100th General
3    Assembly.
4        Notwithstanding any provision of law to the contrary,
5    the Legislative Inspector General, through the Attorney
6    General, shall have the authority to file a complaint
7    related to any founded violations that occurred during the
8    period December 1, 2014 through November 3, 2017 to the
9    Legislative Ethics Commission, and the Commission shall
10    have jurisdiction to conduct administrative hearings
11    related to any pleadings filed by the Legislative
12    Inspector General, provided the complaint is filed with
13    the Commission no later than 6 months after the summary
14    report is provided to the Attorney General in accordance
15    with subsection (c) of Section 25-50.
16        (2) To request information relating to an
17    investigation from any person when the Legislative
18    Inspector General deems that information necessary in
19    conducting an investigation.
20        (3) To issue subpoenas, with the advance approval of
21    the Commission, to compel the attendance of witnesses for
22    the purposes of testimony and production of documents and
23    other items for inspection and copying and to make service
24    of those subpoenas and subpoenas issued under item (7) of
25    Section 25-15.
26        (4) To submit reports as required by this Act.

 

 

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

 

 

HB2575- 7 -LRB102 11313 RJF 16646 b

1    information to them and a general overview of the
2    investigation process.
3        (11) To notify complainants of receipt of a complaint
4    within 15 business day after receiving such complaint.
5(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
6    (5 ILCS 430/25-52)
7    Sec. 25-52. Release of summary reports.
8    (a) Within 60 days after receipt of a summary report and
9response from the ultimate jurisdictional authority or agency
10head that resulted in a suspension of at least 3 days or
11termination of employment, the Legislative Ethics Commission
12shall make available to the public the report and response or a
13redacted version of the report and response. The Legislative
14Ethics Commission shall also make available to the public any
15founded report of the Legislative Inspector General, or a
16redacted version of such report, and may make available to the
17public any other summary report and response of the ultimate
18jurisdictional authority or agency head or a redacted version
19of the report and response. The Legislative Inspector General
20may, with the consent of the accused, also make available to
21the public any unfounded report and the reason why no
22complaint was filed by the Legislative Inspector General.
23    (b) The Legislative Ethics Commission shall redact
24information in the summary report that may reveal the identity
25of witnesses, complainants, or informants or if the Commission

 

 

HB2575- 8 -LRB102 11313 RJF 16646 b

1determines it is appropriate to protect the identity of a
2person before publication. The Commission may also redact any
3information it believes should not be made public. Prior to
4publication, the Commission shall permit the respondents,
5Legislative Inspector General, and Attorney General to review
6documents to be made public and offer suggestions for
7redaction or provide a response that shall be made public with
8the summary report. Any respondent who is afforded the
9opportunity to participate in an investigation, but who
10refuses to cooperate, forfeits the right to offer redactions
11or to provide a response to the report to the Commission.
12    (c) Subject to the requirements of subsection (d), the The
13Legislative Ethics Commission may withhold publication of the
14report or response if the Legislative Inspector General or
15Attorney General certifies that publication will interfere
16with an ongoing investigation.
17    (d) Notwithstanding any provision of law or rule to the
18contrary, any founded report released under this Section shall
19be made available to the public in all cases, unless the
20Legislative Ethics Commission by a majority vote of 6 members
21votes to deny the release of such report. If the Legislative
22Ethics Commissions votes to deny the release of a founded
23report, the Commission shall provide reasoning for such
24denial, and make that reasoning available to the public on the
25Internet website of the Commission.
26(Source: P.A. 96-555, eff. 8-18-09.)
 

 

 

HB2575- 9 -LRB102 11313 RJF 16646 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.