103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4288

 

Introduced 1/16/2024, by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
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

 

 

A BILL FOR

 

HB4288LRB103 35378 AWJ 65443 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 Sections 20-52, 25-15, 25-20, and 25-52 as
6follows:
 
7    (5 ILCS 430/20-52)
8    Sec. 20-52. Release of summary reports.
9    (a) Within 60 days after receipt of a summary report and
10response from the ultimate jurisdictional authority or agency
11head that resulted in a suspension of at least 3 days or
12termination of employment, the Executive Ethics Commission
13shall make available to the public the report and response or a
14redacted version of the report and response. The Executive
15Ethics Commission may make available to the public any other
16summary report and response of the ultimate jurisdictional
17authority or agency head or a redacted version of the report
18and response.
19    (b) The Commission shall redact information in the summary
20report that may reveal the identity of witnesses,
21complainants, or informants or if the Commission determines it
22is appropriate to protect the identity of a person before the
23report is made public. The Commission may also redact any

 

 

HB4288- 2 -LRB103 35378 AWJ 65443 b

1information it believes should not be made public. Prior to
2publication, the Commission shall permit the respondents,
3Inspector General, and Attorney General to review documents to
4be made public and offer suggestions for redaction or provide
5a response that shall be made public with the summary report.
6    (c) The Commission may withhold publication of the report
7or response if the Executive Inspector General or Attorney
8General certifies that releasing the report to the public will
9interfere with an ongoing investigation.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/25-15)
12    Sec. 25-15. Duties of the Legislative Ethics Commission.
13In addition to duties otherwise assigned by law, the
14Legislative Ethics Commission shall have the following duties:
15        (1) To promulgate rules governing the performance of
16    its duties and the exercise of its powers and governing
17    the investigations of the Legislative Inspector General;
18    except that, the Legislative Ethics Commission shall adopt
19    no rule requiring the Legislative Inspector General to
20    seek the Commission's advance approval before commencing
21    any investigation authorized under this Article or issuing
22    a subpoena under this Article. Any existing rule, as of
23    the effective date of this amendatory Act of the 102nd
24    General Assembly, requiring the Legislative Inspector
25    General to seek the Commission's advanced advance approval

 

 

HB4288- 3 -LRB103 35378 AWJ 65443 b

1    before commencing any investigation is void. Any existing
2    rule, as of the effective date of this amendatory Act of
3    the 103rd General Assembly, requiring the Legislative
4    Inspector General to seek the Commission's advanced
5    approval before issuing a subpoena is void. The rules
6    shall be available on the Commission's website and any
7    proposed changes to the rules must be made available to
8    the public on the Commission's website no less than 7 days
9    before the adoption of the changes. Any person shall be
10    given an opportunity to provide written or oral testimony
11    before the Commission in support of or opposition to
12    proposed rules.
13        (2) To conduct administrative hearings and rule on
14    matters brought before the Commission only upon the
15    receipt of pleadings filed by the Legislative Inspector
16    General and not upon its own prerogative, but may appoint
17    special Legislative Inspectors General as provided in
18    Section 25-21. Any other allegations of misconduct
19    received by the Commission from a person other than the
20    Legislative Inspector General shall be referred to the
21    Office of the Legislative Inspector General.
22        (3) To prepare and publish manuals and guides and,
23    working with the Office of the Attorney General, oversee
24    training of employees under its jurisdiction that explains
25    their duties.
26        (4) To prepare public information materials to

 

 

HB4288- 4 -LRB103 35378 AWJ 65443 b

1    facilitate compliance, implementation, and enforcement of
2    this Act.
3        (5) To submit reports as required by this Act.
4        (6) To the extent authorized by this Act, to make
5    rulings, issue recommendations, and impose administrative
6    fines, if appropriate, in connection with the
7    implementation and interpretation of this Act. The powers
8    and duties of the Commission are limited to matters
9    clearly within the purview of this Act.
10        (7) To issue subpoenas with respect to matters pending
11    before the Commission, subject to the provisions of this
12    Article and in the discretion of the Commission, to compel
13    the attendance of witnesses for purposes of testimony and
14    the production of documents and other items for inspection
15    and copying.
16        (8) To appoint special Legislative Inspectors General
17    as provided in Section 25-21.
18        (9) To conspicuously display on the Commission's
19    website the procedures for reporting a violation of this
20    Act, including how to report violations via email or
21    online.
22        (10) To conspicuously display on the Commission's
23    website any vacancies within the Office of the Legislative
24    Inspector General.
25        (11) To appoint an Acting Legislative Inspector
26    General in the event of a vacancy in the Office of the

 

 

HB4288- 5 -LRB103 35378 AWJ 65443 b

1    Legislative Inspector General.
2(Source: P.A. 102-664, eff. 1-1-22.)
 
3    (5 ILCS 430/25-20)
4    Sec. 25-20. Duties of the Legislative Inspector General.
5In addition to duties otherwise assigned by law, the
6Legislative Inspector General shall have the following duties:
7        (1) To receive and investigate, without advance
8    approval of the Legislative Ethics Commission, allegations
9    of violations of this Act and other wrongful acts within
10    his or her jurisdiction based on a complaint. Except as
11    otherwise provided in paragraph (1.5), an investigation
12    may not be initiated more than one year after the alleged
13    wrongful act or the most recent act of a series of alleged
14    wrongful acts based on the same wrongful conduct except if
15    there is reasonable cause to believe that fraudulent
16    concealment has occurred. To constitute fraudulent
17    concealment sufficient to toll this limitations period,
18    there must be an affirmative act or representation
19    calculated to prevent discovery of the fact that a
20    violation or other wrongful act has occurred. The
21    Legislative Inspector General shall have the discretion to
22    determine the appropriate means of investigation as
23    permitted by law.
24        (1.5) Notwithstanding any provision of law to the
25    contrary, the Legislative Inspector General, whether

 

 

HB4288- 6 -LRB103 35378 AWJ 65443 b

1    appointed by the Legislative Ethics Commission or the
2    General Assembly, may initiate an investigation based on
3    information provided to the Office of the Legislative
4    Inspector General or the Legislative Ethics Commission
5    during the period from December 1, 2014 through November
6    3, 2017. Any investigation initiated under this paragraph
7    (1.5) must be initiated within one year after the
8    effective date of this amendatory Act of the 100th General
9    Assembly.
10        Notwithstanding any provision of law to the contrary,
11    the Legislative Inspector General, through the Attorney
12    General, shall have the authority to file a complaint
13    related to any founded violations that occurred during the
14    period December 1, 2014 through November 3, 2017 to the
15    Legislative Ethics Commission, and the Commission shall
16    have jurisdiction to conduct administrative hearings
17    related to any pleadings filed by the Legislative
18    Inspector General, provided the complaint is filed with
19    the Commission no later than 6 months after the summary
20    report is provided to the Attorney General in accordance
21    with subsection (c) of Section 25-50.
22        (2) To request information relating to an
23    investigation from any person when the Legislative
24    Inspector General deems that information necessary in
25    conducting an investigation.
26        (3) To issue subpoenas, with the advance approval of

 

 

HB4288- 7 -LRB103 35378 AWJ 65443 b

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

 

 

HB4288- 8 -LRB103 35378 AWJ 65443 b

1    those allegations are familiar with the process and that
2    the subjects of those allegations are treated fairly.
3        (10) To post information to the Legislative Inspector
4    General's website explaining to complainants and subjects
5    of an investigation the legal limitations on the
6    Legislative Inspector General's ability to provide
7    information to them and a general overview of the
8    investigation process.
9(Source: P.A. 102-664, eff. 1-1-22.)
 
10    (5 ILCS 430/25-52)
11    Sec. 25-52. Release of summary reports.
12    (a) Within 60 days after receipt of a summary report and
13response from the ultimate jurisdictional authority or agency
14head that resulted in a suspension of at least 3 days or
15termination of employment, the Legislative Ethics Commission
16shall make available to the public the report and response or a
17redacted version of the report and response. The Legislative
18Ethics Commission may make available to the public any other
19summary report and response of the ultimate jurisdictional
20authority or agency head or a redacted version of the report
21and response.
22    (b) The Legislative Ethics Commission shall redact
23information in the summary report that may reveal the identity
24of witnesses, complainants, or informants or if the Commission
25determines it is appropriate to protect the identity of a

 

 

HB4288- 9 -LRB103 35378 AWJ 65443 b

1person before publication. The Commission may also redact any
2information it believes should not be made public. Prior to
3publication, the Commission shall permit the respondents,
4Legislative Inspector General, and Attorney General to review
5documents to be made public and offer suggestions for
6redaction or provide a response that shall be made public with
7the summary report.
8    (c) The Legislative Ethics Commission may withhold
9publication of the report or response if the Legislative
10Inspector General or Attorney General certifies that
11publication will interfere with an ongoing investigation.
12(Source: P.A. 96-555, eff. 8-18-09.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.