100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4245

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-20

    Amends the State Officials and Employees Ethics Act. Requires the Executive Inspectors General appointed under the Act to establish and maintain an Internet website to which all residents of Illinois shall have free access, including a prominent statement of notification to the public. Requires the Executive Inspectors General appointed under the Act to immediately disclose all detailed findings resulting from investigations entered into under Act, and to post those findings on their respective Internet websites. Effective immediately.


LRB100 16274 RJF 31397 b

 

 

A BILL FOR

 

HB4245LRB100 16274 RJF 31397 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 20-20 as follows:
 
6    (5 ILCS 430/20-20)
7    Sec. 20-20. Duties of the Executive Inspectors General. In
8addition to duties otherwise assigned by law, each Executive
9Inspector General shall have the following duties:
10        (1) To receive and investigate allegations of
11    violations of this Act. An investigation may not be
12    initiated more than one year after the most recent act of
13    the alleged violation or of a series of alleged violations
14    except where there is reasonable cause to believe that
15    fraudulent concealment has occurred. To constitute
16    fraudulent concealment sufficient to toll this limitations
17    period, there must be an affirmative act or representation
18    calculated to prevent discovery of the fact that a
19    violation has occurred. The Executive Inspector General
20    shall have the discretion to determine the appropriate
21    means of investigation as permitted by law.
22        (2) To request information relating to an
23    investigation from any person when the Executive Inspector

 

 

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1    General deems that information necessary in conducting an
2    investigation.
3        (3) To issue subpoenas to compel the attendance of
4    witnesses for the purposes of testimony and production of
5    documents and other items for inspection and copying and to
6    make service of those subpoenas and subpoenas issued under
7    item (7) of Section 20-15.
8        (4) To submit reports as required by this Act.
9        (5) To file pleadings in the name of the Executive
10    Inspector General with the Executive Ethics Commission,
11    through the Attorney General, as provided in this Article
12    if the Attorney General finds that reasonable cause exists
13    to believe that a violation has occurred.
14        (6) To assist and coordinate the ethics officers for
15    State agencies under the jurisdiction of the Executive
16    Inspector General and to work with those ethics officers.
17        (7) To participate in or conduct, when appropriate,
18    multi-jurisdictional investigations.
19        (8) To request, as the Executive Inspector General
20    deems appropriate, from ethics officers of State agencies
21    under his or her jurisdiction, reports or information on
22    (i) the content of a State agency's ethics training program
23    and (ii) the percentage of new officers and employees who
24    have completed ethics training.
25        (9) To review hiring and employment files of each State
26    agency within the Executive Inspector General's

 

 

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1    jurisdiction to ensure compliance with Rutan v. Republican
2    Party of Illinois, 497 U.S. 62 (1990), and with all
3    applicable employment laws.
4        (10) To establish a policy that ensures the appropriate
5    handling and correct recording of all investigations
6    conducted by the Office, and to ensure that the policy is
7    accessible via the Internet in order that those seeking to
8    report those allegations are familiar with the process and
9    that the subjects of those allegations are treated fairly.
10        (11) To establish and maintain an Internet website to
11    which all residents of Illinois shall have free access. In
12    addition to any other information required by law or
13    information the Executive Inspector General deems
14    necessary and appropriate, the website shall also contain a
15    prominent statement of notification to the public that
16    shall read as follows:
17
"NOTICE TO THE PUBLIC
18        The Office of the Executive Inspector General
19    appointed by [name of elected/appointed official] is an
20    independent office. The Office receives a separate
21    appropriation from the General Assembly and operates this
22    independent website. Findings published on this website
23    are independent findings based upon facts analyzed by this
24    Office.".
25        (12) To immediately disclose all detailed findings
26    resulting from investigations under this Act, except that

 

 

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1    details need not be disclosed if confidentiality is
2    requested by law enforcement. The disclosure of findings
3    required under this paragraph (12) shall be posted on the
4    Internet website of the disclosing Executive Inspector
5    General, and may be posted in any other medium at the
6    discretion of that Executive Inspector General.
7(Source: P.A. 96-555, eff. 8-18-09.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.