HB4572 94TH GENERAL ASSEMBLY

LRB094 15951 JAM 51179 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4572

Introduced 01/11/06, by Rep. Robert S. Molaro

SYNOPSIS AS INTRODUCED:

5 ILCS 430/20-85
5 ILCS 430/25-85
5 ILCS 430/50-5

Amends the State Officials and Employees Ethics Act. Requires that the quarterly reports of an Inspector General be available to the public (now, to an executive branch constitutional officer or the General Assembly and to the appropriate ethics commission) and include the number of (i) complaints deemed valid to warrant investigation and (ii) investigated State employees in categories of disposition. Makes violation of the confidentiality of an Inspector General's investigatory files and reports a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning ethics.

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 Sections 20-85, 25-85, and 50-5 as follows:

(5 ILCS 430/20-85)

Sec. 20-85. Quarterly reports by Executive Inspector General. Each Executive Inspector General shall submit quarterly reports to the appropriate executive branch constitutional officer and the Executive Ethics Commission and make those reports available to the public, on dates determined by the Executive Ethics Commission, indicating:

(1) the number of allegations received since the date of the last report;

(1.5) the number of allegations received since the date of the last report that were deemed valid to warrant investigation;

(2) the number of investigations initiated since the date of the last report;

(3) the number of investigations concluded since the date of the last report;

(4) the number of investigations pending as of the reporting date;

(5) the number of complaints forwarded to the Attorney General since the date of the last report; and

(6) the number of actions filed with the Executive Ethics Commission since the date of the last report and the number of actions pending before the Executive Ethics Commission as of the reporting date; and .

(7) the number of investigated State employees found in violation of a statute or rule, and the number of those State employees fined or suspended, since the date of the last report.

(Source: P.A. 93-617, eff. 12-9-03.)

(5 ILCS 430/25-85)

Sec. 25-85. Quarterly reports by the Legislative Inspector General. The Legislative Inspector General shall submit quarterly reports to the General Assembly and the Legislative Ethics Commission and make those reports available to the public, on dates determined by the Legislative Ethics Commission, indicating:

(1) the number of allegations received since the date of the last report;

(1.5) the number of allegations received since the date of the last report that were deemed valid to warrant investigation;

(2) the number of investigations initiated since the date of the last report;

(3) the number of investigations concluded since the date of the last report;

(4) the number of investigations pending as of the reporting date;

(5) the number of complaints forwarded to the Attorney General since the date of the last report; and

(6) the number of actions filed with the Legislative Ethics Commission since the date of the last report and the number of actions pending before the Legislative Ethics Commission as of the reporting date; and .

(7) the number of investigated State employees found in violation of a statute or rule, and the number of those State employees fined or suspended, since the date of the last report.

(Source: P.A. 93-617, eff. 12-9-03.)

(5 ILCS 430/50-5)

Sec. 50-5. Penalties.

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

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

(c) A person who intentionally violates any provision of Article 10 is guilty of a business offense and subject to a fine of at least $1,001 and up to $5,000.

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

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

(e-5) A person who intentionally violates subsection (d) of Section 20-95 or subsection (d) of Section 25-95 is guilty of a Class 4 felony.

(f) In addition to any other penalty that may apply, whether criminal or civil, a State employee who intentionally violates any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, or 5-50, Article 10, Article 15, or Section 20-90 or 25-90 is subject to discipline or discharge by the appropriate ultimate jurisdictional authority.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

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