IL
Illinois House Bill HB4288

Illinois 2023-2024 Regular Session

Illinois House Bill HB4288 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4288 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-525 ILCS 430/25-155 ILCS 430/25-205 ILCS 430/25-52 Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advanced approval before issuing a subpoena is void. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Removes language providing that the Legislative Inspector General needs the advanced approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately. LRB103 35378 AWJ 65443 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4288 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-525 ILCS 430/25-155 ILCS 430/25-205 ILCS 430/25-52 5 ILCS 430/20-52 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 Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advanced approval before issuing a subpoena is void. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Removes language providing that the Legislative Inspector General needs the advanced approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately. LRB103 35378 AWJ 65443 b LRB103 35378 AWJ 65443 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4288 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
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88 Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advanced approval before issuing a subpoena is void. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Removes language providing that the Legislative Inspector General needs the advanced approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.
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1414 1 AN ACT concerning government.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The State Officials and Employees Ethics Act is
1818 5 amended by changing Sections 20-52, 25-15, 25-20, and 25-52 as
1919 6 follows:
2020 7 (5 ILCS 430/20-52)
2121 8 Sec. 20-52. Release of summary reports.
2222 9 (a) Within 60 days after receipt of a summary report and
2323 10 response from the ultimate jurisdictional authority or agency
2424 11 head that resulted in a suspension of at least 3 days or
2525 12 termination of employment, the Executive Ethics Commission
2626 13 shall make available to the public the report and response or a
2727 14 redacted version of the report and response. The Executive
2828 15 Ethics Commission may make available to the public any other
2929 16 summary report and response of the ultimate jurisdictional
3030 17 authority or agency head or a redacted version of the report
3131 18 and response.
3232 19 (b) The Commission shall redact information in the summary
3333 20 report that may reveal the identity of witnesses,
3434 21 complainants, or informants or if the Commission determines it
3535 22 is appropriate to protect the identity of a person before the
3636 23 report is made public. The Commission may also redact any
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4288 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
4141 5 ILCS 430/20-525 ILCS 430/25-155 ILCS 430/25-205 ILCS 430/25-52 5 ILCS 430/20-52 5 ILCS 430/25-15 5 ILCS 430/25-20 5 ILCS 430/25-52
4242 5 ILCS 430/20-52
4343 5 ILCS 430/25-15
4444 5 ILCS 430/25-20
4545 5 ILCS 430/25-52
4646 Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advanced approval before issuing a subpoena is void. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Removes language providing that the Legislative Inspector General needs the advanced approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.
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7777 1 information it believes should not be made public. Prior to
7878 2 publication, the Commission shall permit the respondents,
7979 3 Inspector General, and Attorney General to review documents to
8080 4 be made public and offer suggestions for redaction or provide
8181 5 a response that shall be made public with the summary report.
8282 6 (c) The Commission may withhold publication of the report
8383 7 or response if the Executive Inspector General or Attorney
8484 8 General certifies that releasing the report to the public will
8585 9 interfere with an ongoing investigation.
8686 10 (Source: P.A. 96-555, eff. 8-18-09.)
8787 11 (5 ILCS 430/25-15)
8888 12 Sec. 25-15. Duties of the Legislative Ethics Commission.
8989 13 In addition to duties otherwise assigned by law, the
9090 14 Legislative Ethics Commission shall have the following duties:
9191 15 (1) To promulgate rules governing the performance of
9292 16 its duties and the exercise of its powers and governing
9393 17 the investigations of the Legislative Inspector General;
9494 18 except that, the Legislative Ethics Commission shall adopt
9595 19 no rule requiring the Legislative Inspector General to
9696 20 seek the Commission's advance approval before commencing
9797 21 any investigation authorized under this Article or issuing
9898 22 a subpoena under this Article. Any existing rule, as of
9999 23 the effective date of this amendatory Act of the 102nd
100100 24 General Assembly, requiring the Legislative Inspector
101101 25 General to seek the Commission's advanced advance approval
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112112 1 before commencing any investigation is void. Any existing
113113 2 rule, as of the effective date of this amendatory Act of
114114 3 the 103rd General Assembly, requiring the Legislative
115115 4 Inspector General to seek the Commission's advanced
116116 5 approval before issuing a subpoena is void. The rules
117117 6 shall be available on the Commission's website and any
118118 7 proposed changes to the rules must be made available to
119119 8 the public on the Commission's website no less than 7 days
120120 9 before the adoption of the changes. Any person shall be
121121 10 given an opportunity to provide written or oral testimony
122122 11 before the Commission in support of or opposition to
123123 12 proposed rules.
124124 13 (2) To conduct administrative hearings and rule on
125125 14 matters brought before the Commission only upon the
126126 15 receipt of pleadings filed by the Legislative Inspector
127127 16 General and not upon its own prerogative, but may appoint
128128 17 special Legislative Inspectors General as provided in
129129 18 Section 25-21. Any other allegations of misconduct
130130 19 received by the Commission from a person other than the
131131 20 Legislative Inspector General shall be referred to the
132132 21 Office of the Legislative Inspector General.
133133 22 (3) To prepare and publish manuals and guides and,
134134 23 working with the Office of the Attorney General, oversee
135135 24 training of employees under its jurisdiction that explains
136136 25 their duties.
137137 26 (4) To prepare public information materials to
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148148 1 facilitate compliance, implementation, and enforcement of
149149 2 this Act.
150150 3 (5) To submit reports as required by this Act.
151151 4 (6) To the extent authorized by this Act, to make
152152 5 rulings, issue recommendations, and impose administrative
153153 6 fines, if appropriate, in connection with the
154154 7 implementation and interpretation of this Act. The powers
155155 8 and duties of the Commission are limited to matters
156156 9 clearly within the purview of this Act.
157157 10 (7) To issue subpoenas with respect to matters pending
158158 11 before the Commission, subject to the provisions of this
159159 12 Article and in the discretion of the Commission, to compel
160160 13 the attendance of witnesses for purposes of testimony and
161161 14 the production of documents and other items for inspection
162162 15 and copying.
163163 16 (8) To appoint special Legislative Inspectors General
164164 17 as provided in Section 25-21.
165165 18 (9) To conspicuously display on the Commission's
166166 19 website the procedures for reporting a violation of this
167167 20 Act, including how to report violations via email or
168168 21 online.
169169 22 (10) To conspicuously display on the Commission's
170170 23 website any vacancies within the Office of the Legislative
171171 24 Inspector General.
172172 25 (11) To appoint an Acting Legislative Inspector
173173 26 General in the event of a vacancy in the Office of the
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184184 1 Legislative Inspector General.
185185 2 (Source: P.A. 102-664, eff. 1-1-22.)
186186 3 (5 ILCS 430/25-20)
187187 4 Sec. 25-20. Duties of the Legislative Inspector General.
188188 5 In addition to duties otherwise assigned by law, the
189189 6 Legislative Inspector General shall have the following duties:
190190 7 (1) To receive and investigate, without advance
191191 8 approval of the Legislative Ethics Commission, allegations
192192 9 of violations of this Act and other wrongful acts within
193193 10 his or her jurisdiction based on a complaint. Except as
194194 11 otherwise provided in paragraph (1.5), an investigation
195195 12 may not be initiated more than one year after the alleged
196196 13 wrongful act or the most recent act of a series of alleged
197197 14 wrongful acts based on the same wrongful conduct except if
198198 15 there is reasonable cause to believe that fraudulent
199199 16 concealment has occurred. To constitute fraudulent
200200 17 concealment sufficient to toll this limitations period,
201201 18 there must be an affirmative act or representation
202202 19 calculated to prevent discovery of the fact that a
203203 20 violation or other wrongful act has occurred. The
204204 21 Legislative Inspector General shall have the discretion to
205205 22 determine the appropriate means of investigation as
206206 23 permitted by law.
207207 24 (1.5) Notwithstanding any provision of law to the
208208 25 contrary, the Legislative Inspector General, whether
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219219 1 appointed by the Legislative Ethics Commission or the
220220 2 General Assembly, may initiate an investigation based on
221221 3 information provided to the Office of the Legislative
222222 4 Inspector General or the Legislative Ethics Commission
223223 5 during the period from December 1, 2014 through November
224224 6 3, 2017. Any investigation initiated under this paragraph
225225 7 (1.5) must be initiated within one year after the
226226 8 effective date of this amendatory Act of the 100th General
227227 9 Assembly.
228228 10 Notwithstanding any provision of law to the contrary,
229229 11 the Legislative Inspector General, through the Attorney
230230 12 General, shall have the authority to file a complaint
231231 13 related to any founded violations that occurred during the
232232 14 period December 1, 2014 through November 3, 2017 to the
233233 15 Legislative Ethics Commission, and the Commission shall
234234 16 have jurisdiction to conduct administrative hearings
235235 17 related to any pleadings filed by the Legislative
236236 18 Inspector General, provided the complaint is filed with
237237 19 the Commission no later than 6 months after the summary
238238 20 report is provided to the Attorney General in accordance
239239 21 with subsection (c) of Section 25-50.
240240 22 (2) To request information relating to an
241241 23 investigation from any person when the Legislative
242242 24 Inspector General deems that information necessary in
243243 25 conducting an investigation.
244244 26 (3) To issue subpoenas, with the advance approval of
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255255 1 the Commission, to compel the attendance of witnesses for
256256 2 the purposes of testimony and production of documents and
257257 3 other items for inspection and copying and to make service
258258 4 of those subpoenas and subpoenas issued under item (7) of
259259 5 Section 25-15.
260260 6 (4) To submit reports as required by this Act.
261261 7 (5) To file pleadings in the name of the Legislative
262262 8 Inspector General with the Legislative Ethics Commission,
263263 9 through the Attorney General, as provided in this Article
264264 10 if the Attorney General finds that reasonable cause exists
265265 11 to believe that a violation has occurred.
266266 12 (6) To assist and coordinate the ethics officers for
267267 13 State agencies under the jurisdiction of the Legislative
268268 14 Inspector General and to work with those ethics officers.
269269 15 (7) To participate in or conduct, when appropriate,
270270 16 multi-jurisdictional investigations.
271271 17 (8) To request, as the Legislative Inspector General
272272 18 deems appropriate, from ethics officers of State agencies
273273 19 under his or her jurisdiction, reports or information on
274274 20 (i) the content of a State agency's ethics training
275275 21 program and (ii) the percentage of new officers and
276276 22 employees who have completed ethics training.
277277 23 (9) To establish a policy that ensures the appropriate
278278 24 handling and correct recording of all investigations of
279279 25 allegations and to ensure that the policy is accessible
280280 26 via the Internet in order that those seeking to report
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291291 1 those allegations are familiar with the process and that
292292 2 the subjects of those allegations are treated fairly.
293293 3 (10) To post information to the Legislative Inspector
294294 4 General's website explaining to complainants and subjects
295295 5 of an investigation the legal limitations on the
296296 6 Legislative Inspector General's ability to provide
297297 7 information to them and a general overview of the
298298 8 investigation process.
299299 9 (Source: P.A. 102-664, eff. 1-1-22.)
300300 10 (5 ILCS 430/25-52)
301301 11 Sec. 25-52. Release of summary reports.
302302 12 (a) Within 60 days after receipt of a summary report and
303303 13 response from the ultimate jurisdictional authority or agency
304304 14 head that resulted in a suspension of at least 3 days or
305305 15 termination of employment, the Legislative Ethics Commission
306306 16 shall make available to the public the report and response or a
307307 17 redacted version of the report and response. The Legislative
308308 18 Ethics Commission may make available to the public any other
309309 19 summary report and response of the ultimate jurisdictional
310310 20 authority or agency head or a redacted version of the report
311311 21 and response.
312312 22 (b) The Legislative Ethics Commission shall redact
313313 23 information in the summary report that may reveal the identity
314314 24 of witnesses, complainants, or informants or if the Commission
315315 25 determines it is appropriate to protect the identity of a
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326326 1 person before publication. The Commission may also redact any
327327 2 information it believes should not be made public. Prior to
328328 3 publication, the Commission shall permit the respondents,
329329 4 Legislative Inspector General, and Attorney General to review
330330 5 documents to be made public and offer suggestions for
331331 6 redaction or provide a response that shall be made public with
332332 7 the summary report.
333333 8 (c) The Legislative Ethics Commission may withhold
334334 9 publication of the report or response if the Legislative
335335 10 Inspector General or Attorney General certifies that
336336 11 publication will interfere with an ongoing investigation.
337337 12 (Source: P.A. 96-555, eff. 8-18-09.)
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