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Full Text of HB0137  100th General Assembly

HB0137sam001 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 11/7/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 137

2    AMENDMENT NO. ______. Amend House Bill 137 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 25-20 as follows:
 
6    (5 ILCS 430/25-20)
7    Sec. 25-20. Duties of the Legislative Inspector General. In
8addition to duties otherwise assigned by law, the Legislative
9Inspector General shall have the following duties:
10        (1) To receive and investigate allegations of
11    violations of this Act. Except as otherwise provided in
12    paragraph (1.5), an An investigation may not be initiated
13    more than one year after the most recent act of the alleged
14    violation or of a series of alleged violations except where
15    there is reasonable cause to believe that fraudulent
16    concealment has occurred. To constitute fraudulent

 

 

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1    concealment sufficient to toll this limitations period,
2    there must be an affirmative act or representation
3    calculated to prevent discovery of the fact that a
4    violation has occurred. The Legislative Inspector General
5    shall have the discretion to determine the appropriate
6    means of investigation as permitted by law.
7        (1.5) Notwithstanding any provision of law to the
8    contrary, the Legislative Inspector General, whether
9    appointed by the Legislative Ethics Commission or the
10    General Assembly, may initiate an investigation based on
11    information provided to the Office of the Legislative
12    Inspector General or the Legislative Ethics Commission
13    during the period from December 1, 2014 through November 3,
14    2017. Any investigation initiated under this paragraph
15    (1.5) must be initiated within one year after the effective
16    date of this amendatory Act of the 100th General Assembly.
17        (2) To request information relating to an
18    investigation from any person when the Legislative
19    Inspector General deems that information necessary in
20    conducting an investigation.
21        (3) To issue subpoenas, with the advance approval of
22    the Commission, to compel the attendance of witnesses for
23    the purposes of testimony and production of documents and
24    other items for inspection and copying and to make service
25    of those subpoenas and subpoenas issued under item (7) of
26    Section 25-15.

 

 

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1        (4) To submit reports as required by this Act.
2        (5) To file pleadings in the name of the Legislative
3    Inspector General with the Legislative Ethics Commission,
4    through the Attorney General, as provided in this Article
5    if the Attorney General finds that reasonable cause exists
6    to believe that a violation has occurred.
7        (6) To assist and coordinate the ethics officers for
8    State agencies under the jurisdiction of the Legislative
9    Inspector General and to work with those ethics officers.
10        (7) To participate in or conduct, when appropriate,
11    multi-jurisdictional investigations.
12        (8) To request, as the Legislative Inspector General
13    deems appropriate, from ethics officers of State agencies
14    under his or her jurisdiction, reports or information on
15    (i) the content of a State agency's ethics training program
16    and (ii) the percentage of new officers and employees who
17    have completed ethics training.
18        (9) To establish a policy that ensures the appropriate
19    handling and correct recording of all investigations of
20    allegations and to ensure that the policy is accessible via
21    the Internet in order that those seeking to report those
22    allegations are familiar with the process and that the
23    subjects of those allegations are treated fairly.
24(Source: P.A. 96-555, eff. 8-18-09.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".