Illinois 2023-2024 Regular Session

Illinois House Bill HB3609 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3609 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-95 Amends the State Officials and Employees Ethics Act. Provides that an Executive Inspector General may issue public statements when an investigation, audit, or review concerns inefficient or wasteful management, or when the Executive Inspector General concludes its investigation and finds reasonable cause to believe that a violation has occurred and the Executive Inspector General believes that a complaint concerning the investigation should not be filed by the Attorney General with the Executive Ethics Commission. Provides that public statements shall summarize the nature of the allegation or complaint, the specific violations found based on reasonable cause, and the Executive Inspector General's recommendations for discipline or other corrective measures. Provides that before issuing a public statement, the Executive Inspector General shall share the public statement with the agency head and ultimate jurisdictional authority affected by the investigation and allow the agency head and ultimate jurisdictional authority affected by the investigation a period of 10 business days to provide the Executive Inspector General with a response to the proposed public statement. Effective immediately. LRB103 29500 DTM 55895 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3609 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-95 5 ILCS 430/20-95 Amends the State Officials and Employees Ethics Act. Provides that an Executive Inspector General may issue public statements when an investigation, audit, or review concerns inefficient or wasteful management, or when the Executive Inspector General concludes its investigation and finds reasonable cause to believe that a violation has occurred and the Executive Inspector General believes that a complaint concerning the investigation should not be filed by the Attorney General with the Executive Ethics Commission. Provides that public statements shall summarize the nature of the allegation or complaint, the specific violations found based on reasonable cause, and the Executive Inspector General's recommendations for discipline or other corrective measures. Provides that before issuing a public statement, the Executive Inspector General shall share the public statement with the agency head and ultimate jurisdictional authority affected by the investigation and allow the agency head and ultimate jurisdictional authority affected by the investigation a period of 10 business days to provide the Executive Inspector General with a response to the proposed public statement. Effective immediately. LRB103 29500 DTM 55895 b LRB103 29500 DTM 55895 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3609 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/20-95 5 ILCS 430/20-95
4	4	5 ILCS 430/20-95
5	5	Amends the State Officials and Employees Ethics Act. Provides that an Executive Inspector General may issue public statements when an investigation, audit, or review concerns inefficient or wasteful management, or when the Executive Inspector General concludes its investigation and finds reasonable cause to believe that a violation has occurred and the Executive Inspector General believes that a complaint concerning the investigation should not be filed by the Attorney General with the Executive Ethics Commission. Provides that public statements shall summarize the nature of the allegation or complaint, the specific violations found based on reasonable cause, and the Executive Inspector General's recommendations for discipline or other corrective measures. Provides that before issuing a public statement, the Executive Inspector General shall share the public statement with the agency head and ultimate jurisdictional authority affected by the investigation and allow the agency head and ultimate jurisdictional authority affected by the investigation a period of 10 business days to provide the Executive Inspector General with a response to the proposed public statement. Effective immediately.
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8	8	A BILL FOR
9	9	HB3609LRB103 29500 DTM 55895 b HB3609 LRB103 29500 DTM 55895 b
10	10	HB3609 LRB103 29500 DTM 55895 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Officials and Employees Ethics Act is
15	15	5 amended by changing Section 20-95 as follows:
16	16	6 (5 ILCS 430/20-95)
17	17	7 Sec. 20-95. Exemptions.
18	18	8 (a) Documents generated by an ethics officer under this
19	19	9 Act, except Section 5-50, are exempt from the provisions of
20	20	10 the Freedom of Information Act.
21	21	11 (b) Any allegations and related documents submitted to an
22	22	12 Executive Inspector General and any pleadings and related
23	23	13 documents brought before the Executive Ethics Commission are
24	24	14 exempt from the provisions of the Freedom of Information Act
25	25	15 so long as the Executive Ethics Commission does not make a
26	26	16 finding of a violation of this Act. If the Executive Ethics
27	27	17 Commission finds that a violation has occurred, the entire
28	28	18 record of proceedings before the Commission, the decision and
29	29	19 recommendation, and the response from the agency head or
30	30	20 ultimate jurisdictional authority to the Executive Ethics
31	31	21 Commission are not exempt from the provisions of the Freedom
32	32	22 of Information Act but information contained therein that is
33	33	23 otherwise exempt from the Freedom of Information Act must be
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3609 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 430/20-95 5 ILCS 430/20-95
39	39	5 ILCS 430/20-95
40	40	Amends the State Officials and Employees Ethics Act. Provides that an Executive Inspector General may issue public statements when an investigation, audit, or review concerns inefficient or wasteful management, or when the Executive Inspector General concludes its investigation and finds reasonable cause to believe that a violation has occurred and the Executive Inspector General believes that a complaint concerning the investigation should not be filed by the Attorney General with the Executive Ethics Commission. Provides that public statements shall summarize the nature of the allegation or complaint, the specific violations found based on reasonable cause, and the Executive Inspector General's recommendations for discipline or other corrective measures. Provides that before issuing a public statement, the Executive Inspector General shall share the public statement with the agency head and ultimate jurisdictional authority affected by the investigation and allow the agency head and ultimate jurisdictional authority affected by the investigation a period of 10 business days to provide the Executive Inspector General with a response to the proposed public statement. Effective immediately.
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43	43	A BILL FOR
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68	68	1 redacted before disclosure as provided in the Freedom of
69	69	2 Information Act. A summary report released by the Executive
70	70	3 Ethics Commission under Section 20-52 is a public record, but
71	71	4 information redacted by the Executive Ethics Commission shall
72	72	5 not be part of the public record.
73	73	6 (c) Meetings of the Commission are exempt from the
74	74	7 provisions of the Open Meetings Act.
75	75	8 (d) Unless otherwise provided in this Act, all
76	76	9 investigatory files and reports of the Office of an Executive
77	77	10 Inspector General, other than monthly reports required under
78	78	11 Section 20-85, are confidential and privileged, are exempt
79	79	12 from disclosure under the Freedom of Information Act, and
80	80	13 shall not be divulged to any person or agency, except as
81	81	14 necessary (i) to a law enforcement authority, (ii) to the
82	82	15 ultimate jurisdictional authority, (iii) to the Executive
83	83	16 Ethics Commission, (iv) to another Inspector General appointed
84	84	17 pursuant to this Act, or (v) to an Inspector General appointed
85	85	18 or employed by a Regional Transit Board in accordance with
86	86	19 Section 75-10.
87	87	20 (e) An Executive Inspector General may issue public
88	88	21 statements when: (i) an investigation, audit, or review
89	89	22 concerns inefficient or wasteful management or (ii) when the
90	90	23 Executive Inspector General concludes its investigation and
91	91	24 finds reasonable cause to believe that a violation has
92	92	25 occurred and the Executive Inspector General believes that a
93	93	26 complaint concerning the investigation should not be filed by
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104	104	1 the Attorney General with the Executive Ethics Commission.
105	105	2 Public statements shall summarize, without disclosing the
106	106	3 name of any individual who was the subject of such
107	107	4 investigation: (i) the nature of the allegation or complaint;
108	108	5 (ii) the specific violations found based on reasonable cause;
109	109	6 and (iii) the Executive Inspector General's recommendations
110	110	7 for discipline or other corrective measures.
111	111	8 Before issuing a public statement, the Executive Inspector
112	112	9 General shall: (i) share the public statement with the agency
113	113	10 head and ultimate jurisdictional authority affected by the
114	114	11 investigation and (ii) allow the agency head and ultimate
115	115	12 jurisdictional authority affected by the investigation a
116	116	13 period of 10 business days to provide the Executive Inspector
117	117	14 General with a response to the proposed public statement, to
118	118	15 be included with the public statement.
119	119	16 (Source: P.A. 102-664, eff. 1-1-22.)
120	120	17 Section 99. Effective date. This Act takes effect upon
121	121	18 becoming law.
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