Illinois General Assembly - Full Text of SB1870
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Full Text of SB1870  102nd General Assembly

SB1870 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1870

 

Introduced 2/26/2021, by Sen. Jason A. Barickman

 

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

    Amends the State Officials and Employees Ethics Act. Provides that the 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 Inspector 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. Effective immediately.


LRB102 15835 RJF 21204 b

 

 

A BILL FOR

 

SB1870LRB102 15835 RJF 21204 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 and 25-20 as follows:
 
6    (5 ILCS 430/25-15)
7    Sec. 25-15. Duties of the Legislative Ethics Commission.
8In addition to duties otherwise assigned by law, the
9Legislative Ethics Commission shall have the following duties:
10        (1) To promulgate rules governing the performance of
11    its duties and the exercise of its powers and governing
12    the investigations of the Legislative Inspector General;
13    except that, the Legislative Ethics Commission shall adopt
14    no rule requiring the Legislative Inspector General to
15    seek the Commission's advance approval before commencing
16    any investigation authorized under this Article or issuing
17    a subpoena under this Article. Any existing rule, as of
18    the effective date of this amendatory Act of the 102nd
19    General Assembly, requiring the Legislative Inspector
20    General to seek the Commission's advance approval before
21    commencing any investigation or issuing a subpoena is
22    void. The rules shall be available on the Commission's
23    website and any proposed changes to the rules must be made

 

 

SB1870- 2 -LRB102 15835 RJF 21204 b

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

 

 

SB1870- 3 -LRB102 15835 RJF 21204 b

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

 

 

SB1870- 4 -LRB102 15835 RJF 21204 b

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

 

 

SB1870- 5 -LRB102 15835 RJF 21204 b

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

 

 

SB1870- 6 -LRB102 15835 RJF 21204 b

1        (6) To assist and coordinate the ethics officers for
2    State agencies under the jurisdiction of the Legislative
3    Inspector General and to work with those ethics officers.
4        (7) To participate in or conduct, when appropriate,
5    multi-jurisdictional investigations.
6        (8) To request, as the Legislative Inspector General
7    deems appropriate, from ethics officers of State agencies
8    under his or her jurisdiction, reports or information on
9    (i) the content of a State agency's ethics training
10    program and (ii) the percentage of new officers and
11    employees who have completed ethics training.
12        (9) To establish a policy that ensures the appropriate
13    handling and correct recording of all investigations of
14    allegations and to ensure that the policy is accessible
15    via the Internet in order that those seeking to report
16    those allegations are familiar with the process and that
17    the subjects of those allegations are treated fairly.
18        (10) To post information to the Legislative Inspector
19    General's website explaining to complainants and subjects
20    of an investigation the legal limitations on the
21    Legislative Inspector General's ability to provide
22    information to them and a general overview of the
23    investigation process.
24(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.