SB3159sam001 100TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 4/6/2018

10000SB3159sam001 LRB100 16944 RJF 38042 a

AMENDMENT TO SENATE BILL 3159

AMENDMENT NO. ______. Amend Senate Bill 3159 as follows:

on page 1, by replacing lines 4 and 5 with the following:

"Section 5. The State Officials and Employees Ethics Act is amended by changing Sections 20-52, 20-65, 20-95, 25-5, 25-10, 25-50, 25-52, and 25-95, and by adding Sections 30-52 and 30-95 as follows:

(5 ILCS 430/20-52)

Sec. 20-52. Release of summary reports.

(a) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in a suspension of at least 3 days or termination of employment, the Executive Ethics Commission shall make available to the public the report and response or a redacted version of the report and response. The Executive Ethics Commission may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response.

(a-5) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, including, if applicable, a statement of reasons why an Executive Inspector General does not believe a complaint should be filed where the allegations are based upon a violation of Section 5-65 of this Act and regardless of whether or not a violation was found to have occurred, the Executive Ethics Commission shall make available to the complainant the summary report and response, including, if applicable, any statement of reasons why the Executive Inspector General does not believe a complaint should be filed or a redacted version of the report and response. Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that finds a violation of Section 5-65 of this Act, the Executive Ethics Commission shall make available to the public the report and response or a redacted version of the report and response.

(b) The Commission shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Commission determines it is appropriate to protect the identity of a person before the report is made public. The Commission may also redact any information it believes should not be made public. Prior to publication, the Commission shall permit the respondents, Inspector General, and Attorney General to review documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report. In no case may the name of a person who has been found to have violated Section 5-65 be redacted.

(c) The Commission may withhold publication of the report or response if the Executive Inspector General or Attorney General certifies that releasing the report to the public will interfere with an ongoing investigation.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/20-65)

Sec. 20-65. Reporting of investigations.

(a) Each Executive Inspector General shall file a quarterly activity report with the Executive Ethics Commission that reflects investigative activity during the previous quarter. The Executive Ethics Commission shall establish the reporting dates. The activity report shall include at least the following:

(1) The number of investigations opened during the preceding quarter, the affected offices or agencies, and the unique tracking numbers for new investigations.

(2) The number of investigations closed during the preceding quarter, the affected offices or agencies, and the unique tracking numbers for closed investigations.

(3) The status of each on-going investigation that remained open at the end of the quarter, the affected office, agency or agencies, the investigation's unique tracking number, and a brief statement of the general nature of the investigation.

(b) If any investigation is not concluded within 6 months after its initiation, the appropriate Executive Inspector General shall file a 6-month report with the Executive Ethics Commission by the fifteenth day of the month following it being open for 6 months. The 6-month report shall disclose:

(1) The general nature of the allegation or information giving rise to the investigation, the title or job duties of the subjects of the investigation, and the investigation's unique tracking number.

(2) The date of the last alleged violation of this Act or other State law giving rise to the investigation.

(3) Whether the Executive Inspector General has found credible the allegations of criminal conduct.

(4) Whether the allegation has been referred to an appropriate law enforcement agency and the identity of the law enforcement agency to which those allegations were referred.

(5) If an allegation has not been referred to an appropriate law enforcement agency, the reasons for the failure to complete the investigation within 6 months, a summary of the investigative steps taken, additional investigative steps contemplated at the time of the report, and an estimate of additional time necessary to complete the investigation.

(6) Any other information deemed necessary by the Executive Ethics Commission in determining whether to appoint a Special Inspector General.

(c) If an Executive Inspector General has referred an allegation to an appropriate law enforcement agency and continues to investigate the matter, the future reporting requirements of this Section are suspended.

(d) Except for quarterly reports filed under subsection (a), reports Reports filed under this Section are exempt from the Freedom of Information Act.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/20-95)

Sec. 20-95. Exemptions.

(a) Documents generated by an ethics officer under this Act, except Section 5-50, are exempt from the provisions of the Freedom of Information Act.

(b) Any allegations and related documents submitted to an Executive Inspector General and any pleadings and related documents brought before the Executive Ethics Commission are exempt from the provisions of the Freedom of Information Act so long as the Executive Ethics Commission does not make a finding of a violation of this Act. If the Executive Ethics Commission finds that a violation has occurred, the entire record of proceedings before the Commission, the decision and recommendation, and the response from the agency head or ultimate jurisdictional authority to the Executive Ethics Commission are not exempt from the provisions of the Freedom of Information Act but information contained therein that is otherwise exempt from the Freedom of Information Act must be redacted before disclosure as provided in the Freedom of Information Act. A summary report released by the Executive Ethics Commission under Section 20-52 is a public record, but information redacted by the Executive Ethics Commission shall not be part of the public record.

(c) Meetings of the Commission are exempt from the provisions of the Open Meetings Act.

(d) Unless otherwise provided in this Act, all investigatory files and reports of the Office of an Executive Inspector General, other than monthly reports required under Section 20-85 and quarterly reports required under Sections 20-65 and 20-86, are confidential, are exempt from disclosure under the Freedom of Information Act, and shall not be divulged to any person or agency, except as necessary (i) to a law enforcement authority, (ii) to the ultimate jurisdictional authority, (iii) to the Executive Ethics Commission, (iv) to another Inspector General appointed pursuant to this Act, or (v) to an Inspector General appointed or employed by a Regional Transit Board in accordance with Section 75-10, or (vi) to keep a complainant informed of the status and outcome of the investigation of a complaint involving a violation of Section 5-65 of this Act.

(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)"; and

on page 15, immediately below line 18, by inserting the following:

"(5 ILCS 430/25-52)

Sec. 25-52. Release of summary reports.

(a) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in a suspension of at least 3 days or termination of employment, the Legislative Ethics Commission shall make available to the public the report and response or a redacted version of the report and response. The Legislative Ethics Commission may make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response.

(a-5) Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, including, if applicable, a statement of reasons why the Legislative Inspector General does not believe a complaint should be filed where the allegations are based upon a violation of Section 5-65 of this Act and regardless of whether or not a violation was found to have occurred, the Legislative Ethics Commission shall make available to the complainant the summary report and response, including, if applicable, any statement of reasons why the Legislative Inspector General does not believe a complaint should be filed or a redacted version of the report and response. Within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that finds a violation of Section 5-65 of this Act, the Legislative Ethics Commission shall make available to the public the report and response or a redacted version of the report and response.

(b) The Legislative Ethics Commission shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Commission determines it is appropriate to protect the identity of a person before publication. The Commission may also redact any information it believes should not be made public. Prior to publication, the Commission shall permit the respondents, Legislative Inspector General, and Attorney General to review documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report. In no case may the name of a person who has been found to have violated Section 5-65 be redacted.

(c) The Legislative Ethics Commission may withhold publication of the report or response if the Legislative Inspector General or Attorney General certifies that publication will interfere with an ongoing investigation.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/25-95)

Sec. 25-95. Exemptions.

(a) Documents generated by an ethics officer under this Act, except Section 5-50, are exempt from the provisions of the Freedom of Information Act.

(a-5) Requests from ethics officers, members, and State employees to the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader for guidance on matters involving the interpretation or application of this Act or rules promulgated under this Act are exempt from the provisions of the Freedom of Information Act. Guidance provided to an ethics officer, member, or State employee at the request of an ethics officer, member, or State employee by the Office of the Legislative Inspector General, a Special Legislative Inspector General, the Legislative Ethics Commission, an ethics officer, or a person designated by a legislative leader on matters involving the interpretation or application of this Act or rules promulgated under this Act is exempt from the provisions of the Freedom of Information Act.

(b) Summary investigation reports released by the Legislative Ethics Commission as provided in Section 25-52 are public records. Otherwise, any allegations and related documents submitted to the Legislative Inspector General and any pleadings and related documents brought before the Legislative Ethics Commission are exempt from the provisions of the Freedom of Information Act so long as the Legislative Ethics Commission does not make a finding of a violation of this Act. If the Legislative Ethics Commission finds that a violation has occurred, the entire record of proceedings before the Commission, the decision and recommendation, and the mandatory report from the agency head or ultimate jurisdictional authority to the Legislative Ethics Commission are not exempt from the provisions of the Freedom of Information Act but information contained therein that is exempt from the Freedom of Information Act must be redacted before disclosure as provided in Section 8 of the Freedom of Information Act.

(c) Meetings of the Commission are exempt from the provisions of the Open Meetings Act.

(d) Unless otherwise provided in this Act, all investigatory files and reports of the Office of the Legislative Inspector General, other than quarterly reports under Sections 25-65, 25-85, and 25-86 monthly reports, are confidential, are exempt from disclosure under the Freedom of Information Act, and shall not be divulged to any person or agency, except as necessary (i) to the appropriate law enforcement authority if the matter is referred pursuant to this Act, (ii) to the ultimate jurisdictional authority, or (iii) to the Legislative Ethics Commission, or (iv) to keep a complainant informed of the status and outcome of the investigation of a complaint involving a violation of Section 5-65 of this Act.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/30-52 new)

Sec. 30-52. Release of summary reports. Within 60 days after receipt of a summary report and response from the Auditor General in accordance with 2 Ill. Adm. Code 605.50, including, if applicable, a statement of reasons why the Auditor General Inspector General does not believe a complaint should be filed where the allegations are based upon a violation of Section 5-65 of this Act and regardless of whether or not a violation was found to have occurred, the Auditor General Inspector General shall make available to the complainant the summary report and response, including, if applicable, any statement of reasons why the Auditor General Inspector General does not believe a complaint should be filed or a redacted version of the report and response. Within 60 days after receipt of a summary report and response from the Auditor General that finds a violation of Section 5-65 of this Act, the Auditor General Inspector General shall make available to the public the report and response or a redacted version of the report and response.

In no case may the name of a person who has been found to have violated Section 5-65 be redacted.

(5 ILCS 430/30-95 new)

Sec. 30-95. Confidentiality; exemption. Monthly reports of the Auditor General Inspector General submitted in accordance with 2 Ill. Adm. Code 605.40 are not confidential or exempt from the provisions of the Freedom of Information Act.

Investigatory files and reports of the Auditor General Inspector General may be disclosed, as necessary, to keep a complainant informed of the status and outcome of the investigation of a complaint involving a violation of Section 5-65 of this Act.".