Illinois 2023-2024 Regular Session

Illinois House Bill HB3756 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 HB3756 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED: 5 ILCS 430/25-15 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 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. LRB103 30136 DTM 56560 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3756 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED: 5 ILCS 430/25-15 5 ILCS 430/25-52 5 ILCS 430/25-15 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 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. LRB103 30136 DTM 56560 b LRB103 30136 DTM 56560 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3756 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/25-15 5 ILCS 430/25-52 5 ILCS 430/25-15 5 ILCS 430/25-52
4	4	5 ILCS 430/25-15
5	5	5 ILCS 430/25-52
6	6	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 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.
7	7	LRB103 30136 DTM 56560 b LRB103 30136 DTM 56560 b
8	8	LRB103 30136 DTM 56560 b
9	9	A BILL FOR
10	10	HB3756LRB103 30136 DTM 56560 b HB3756 LRB103 30136 DTM 56560 b
11	11	HB3756 LRB103 30136 DTM 56560 b
12	12	1 AN ACT concerning government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The State Officials and Employees Ethics Act is
16	16	5 amended by changing Sections 25-15, 25-20, and 25-52 as
17	17	6 follows:
18	18	7 (5 ILCS 430/25-15)
19	19	8 Sec. 25-15. Duties of the Legislative Ethics Commission.
20	20	9 In addition to duties otherwise assigned by law, the
21	21	10 Legislative Ethics Commission shall have the following duties:
22	22	11 (1) To promulgate rules governing the performance of
23	23	12 its duties and the exercise of its powers and governing
24	24	13 the investigations of the Legislative Inspector General;
25	25	14 except that, the Legislative Ethics Commission shall adopt
26	26	15 no rule requiring the Legislative Inspector General to
27	27	16 seek the Commission's advance approval before commencing
28	28	17 any investigation authorized under this Article or issuing
29	29	18 a subpoena under this Article. Any existing rule, as of
30	30	19 the effective date of this amendatory Act of the 102nd
31	31	20 General Assembly, requiring the Legislative Inspector
32	32	21 General to seek the Commission's advance approval before
33	33	22 commencing any investigation or issuing a subpoena is
34	34	23 void. The rules shall be available on the Commission's
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3756 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED:
39	39	5 ILCS 430/25-15 5 ILCS 430/25-52 5 ILCS 430/25-15 5 ILCS 430/25-52
40	40	5 ILCS 430/25-15
41	41	5 ILCS 430/25-52
42	42	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 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.
43	43	LRB103 30136 DTM 56560 b LRB103 30136 DTM 56560 b
44	44	LRB103 30136 DTM 56560 b
45	45	A BILL FOR
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51	51	5 ILCS 430/25-15
52	52	5 ILCS 430/25-52
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71	71	1 website and any proposed changes to the rules must be made
72	72	2 available to the public on the Commission's website no
73	73	3 less than 7 days before the adoption of the changes. Any
74	74	4 person shall be given an opportunity to provide written or
75	75	5 oral testimony before the Commission in support of or
76	76	6 opposition to proposed rules.
77	77	7 (2) To conduct administrative hearings and rule on
78	78	8 matters brought before the Commission only upon the
79	79	9 receipt of pleadings filed by the Legislative Inspector
80	80	10 General and not upon its own prerogative, but may appoint
81	81	11 special Legislative Inspectors General as provided in
82	82	12 Section 25-21. Any other allegations of misconduct
83	83	13 received by the Commission from a person other than the
84	84	14 Legislative Inspector General shall be referred to the
85	85	15 Office of the Legislative Inspector General.
86	86	16 (3) To prepare and publish manuals and guides and,
87	87	17 working with the Office of the Attorney General, oversee
88	88	18 training of employees under its jurisdiction that explains
89	89	19 their duties.
90	90	20 (4) To prepare public information materials to
91	91	21 facilitate compliance, implementation, and enforcement of
92	92	22 this Act.
93	93	23 (5) To submit reports as required by this Act.
94	94	24 (6) To the extent authorized by this Act, to make
95	95	25 rulings, issue recommendations, and impose administrative
96	96	26 fines, if appropriate, in connection with the
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107	107	1 implementation and interpretation of this Act. The powers
108	108	2 and duties of the Commission are limited to matters
109	109	3 clearly within the purview of this Act.
110	110	4 (7) To issue subpoenas with respect to matters pending
111	111	5 before the Commission, subject to the provisions of this
112	112	6 Article and in the discretion of the Commission, to compel
113	113	7 the attendance of witnesses for purposes of testimony and
114	114	8 the production of documents and other items for inspection
115	115	9 and copying.
116	116	10 (8) To appoint special Legislative Inspectors General
117	117	11 as provided in Section 25-21.
118	118	12 (9) To conspicuously display on the Commission's
119	119	13 website the procedures for reporting a violation of this
120	120	14 Act, including how to report violations via email or
121	121	15 online.
122	122	16 (10) To conspicuously display on the Commission's
123	123	17 website any vacancies within the Office of the Legislative
124	124	18 Inspector General.
125	125	19 (11) To appoint an Acting Legislative Inspector
126	126	20 General in the event of a vacancy in the Office of the
127	127	21 Legislative Inspector General.
128	128	22 (Source: P.A. 102-664, eff. 1-1-22.)
129	129	23 (5 ILCS 430/25-52)
130	130	24 Sec. 25-52. Release of summary reports.
131	131	25 (a) Within 60 days after receipt of a summary report and
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142	142	1 response from the ultimate jurisdictional authority or agency
143	143	2 head that resulted in a suspension of at least 3 days or
144	144	3 termination of employment, the Legislative Ethics Commission
145	145	4 shall make available to the public the report and response or a
146	146	5 redacted version of the report and response. The Legislative
147	147	6 Ethics Commission shall also make available to the public any
148	148	7 founded report of the Legislative Inspector General, or a
149	149	8 redacted version of such report, and may make available to the
150	150	9 public any other summary report and response of the ultimate
151	151	10 jurisdictional authority or agency head or a redacted version
152	152	11 of the report and response. The Legislative Inspector General
153	153	12 may, with the consent of the accused, also make available to
154	154	13 the public any unfounded report and the reason why no
155	155	14 complaint was filed by the Legislative Inspector General.
156	156	15 (b) The Legislative Ethics Commission shall redact
157	157	16 information in the summary report that may reveal the identity
158	158	17 of witnesses, complainants, or informants or if the Commission
159	159	18 determines it is appropriate to protect the identity of a
160	160	19 person before publication. The Commission may also redact any
161	161	20 information it believes should not be made public. Prior to
162	162	21 publication, the Commission shall permit the respondents,
163	163	22 Legislative Inspector General, and Attorney General to review
164	164	23 documents to be made public and offer suggestions for
165	165	24 redaction or provide a response that shall be made public with
166	166	25 the summary report. Any respondent who is afforded the
167	167	26 opportunity to participate in an investigation, but who
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178	178	1 refuses to cooperate, forfeits the right to offer redactions
179	179	2 or to provide a response to the report to the Commission.
180	180	3 (c) Subject to the requirements of subsection (d), the The
181	181	4 Legislative Ethics Commission may withhold publication of the
182	182	5 report or response if the Legislative Inspector General or
183	183	6 Attorney General certifies that publication will interfere
184	184	7 with an ongoing investigation.
185	185	8 (d) Notwithstanding any provision of law or rule to the
186	186	9 contrary, any founded report released under this Section shall
187	187	10 be made available to the public in all cases, unless the
188	188	11 Legislative Ethics Commission by a majority vote of 6 members
189	189	12 votes to deny the release of such report. If the Legislative
190	190	13 Ethics Commissions votes to deny the release of a founded
191	191	14 report, the Commission shall provide reasoning for such
192	192	15 denial, and make that reasoning available to the public on the
193	193	16 Internet website of the Commission.
194	194	17 (Source: P.A. 96-555, eff. 8-18-09.)
195	195	18 Section 99. Effective date. This Act takes effect upon
196	196	19 becoming law.
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