Illinois General Assembly - Full Text of SB2297
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Full Text of SB2297  101st General Assembly




State of Illinois
2019 and 2020


Introduced 10/30/2019, by Sen. Jason A. Barickman - Steve McClure - Dan McConchie - Jim Oberweis - Sue Rezin, et al.


5 ILCS 430/25-15
5 ILCS 430/25-20

    Amends the State Officials and Employees Ethics Act. Provides that the Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena is void. Removes language providing that the Legislative Inspector General needs the advance approval of the Commission to issue subpoenas. Effective immediately.

LRB101 15137 RJF 64279 b





SB2297LRB101 15137 RJF 64279 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 25-15 and 25-20 as follows:
6    (5 ILCS 430/25-15)
7    Sec. 25-15. Duties of the Legislative Ethics Commission.
8In addition to duties otherwise assigned by law, the
9Legislative Ethics Commission shall have the following duties:
10        (1) To promulgate rules governing the performance of
11    its duties and the exercise of its powers and governing the
12    investigations of the Legislative Inspector General;
13    except that, the Legislative Ethics Commission shall adopt
14    no rule requiring the Legislative Inspector General to seek
15    the Commission's advance approval before commencing any
16    investigation authorized under this Article or issuing a
17    subpoena under this Article. Any existing rule, as of the
18    effective date of this amendatory Act of the 101st General
19    Assembly, requiring the Legislative Inspector General to
20    seek the Commission's advance approval before commencing
21    any investigation or issuing a subpoena is void. The rules
22    shall be available on the Commission's website and any
23    proposed changes to the rules must be made available to the



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1    public on the Commission's website no less than 7 days
2    before the adoption of the changes. Any person shall be
3    given an opportunity to provide written or oral testimony
4    before the Commission in support of or opposition to
5    proposed rules.
6        (2) To conduct administrative hearings and rule on
7    matters brought before the Commission only upon the receipt
8    of pleadings filed by the Legislative Inspector General and
9    not upon its own prerogative, but may appoint special
10    Legislative Inspectors General as provided in Section
11    25-21. Any other allegations of misconduct received by the
12    Commission from a person other than the Legislative
13    Inspector General shall be referred to the Office of the
14    Legislative Inspector General.
15        (3) To prepare and publish manuals and guides and,
16    working with the Office of the Attorney General, oversee
17    training of employees under its jurisdiction that explains
18    their duties.
19        (4) To prepare public information materials to
20    facilitate compliance, implementation, and enforcement of
21    this Act.
22        (5) To submit reports as required by this Act.
23        (6) To the extent authorized by this Act, to make
24    rulings, issue recommendations, and impose administrative
25    fines, if appropriate, in connection with the
26    implementation and interpretation of this Act. The powers



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1    and duties of the Commission are limited to matters clearly
2    within the purview of this Act.
3        (7) To issue subpoenas with respect to matters pending
4    before the Commission, subject to the provisions of this
5    Article and in the discretion of the Commission, to compel
6    the attendance of witnesses for purposes of testimony and
7    the production of documents and other items for inspection
8    and copying.
9        (8) To appoint special Legislative Inspectors General
10    as provided in Section 25-21.
11        (9) To conspicuously display on the Commission's
12    website the procedures for reporting a violation of this
13    Act, including how to report violations via email or
14    online.
15        (10) To conspicuously display on the Commission's
16    website any vacancies within the Office of the Legislative
17    Inspector General.
18        (11) To appoint an Acting Legislative Inspector
19    General in the event of a vacancy in the Office of the
20    Legislative Inspector General.
21(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
22    (5 ILCS 430/25-20)
23    Sec. 25-20. Duties of the Legislative Inspector General.
24In addition to duties otherwise assigned by law, the
25Legislative Inspector General shall have the following duties:



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1        (1) To receive and investigate allegations of
2    violations of this Act. Except as otherwise provided in
3    paragraph (1.5), an investigation may not be initiated more
4    than one year after the most recent act of the alleged
5    violation or of a series of alleged violations except where
6    there is reasonable cause to believe that fraudulent
7    concealment has occurred. To constitute fraudulent
8    concealment sufficient to toll this limitations period,
9    there must be an affirmative act or representation
10    calculated to prevent discovery of the fact that a
11    violation has occurred. The Legislative Inspector General
12    shall have the discretion to determine the appropriate
13    means of investigation as permitted by law.
14        (1.5) Notwithstanding any provision of law to the
15    contrary, the Legislative Inspector General, whether
16    appointed by the Legislative Ethics Commission or the
17    General Assembly, may initiate an investigation based on
18    information provided to the Office of the Legislative
19    Inspector General or the Legislative Ethics Commission
20    during the period from December 1, 2014 through November 3,
21    2017. Any investigation initiated under this paragraph
22    (1.5) must be initiated within one year after the effective
23    date of this amendatory Act of the 100th General Assembly.
24        Notwithstanding any provision of law to the contrary,
25    the Legislative Inspector General, through the Attorney
26    General, shall have the authority to file a complaint



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1    related to any founded violations that occurred during the
2    period December 1, 2014 through November 3, 2017 to the
3    Legislative Ethics Commission, and the Commission shall
4    have jurisdiction to conduct administrative hearings
5    related to any pleadings filed by the Legislative Inspector
6    General, provided the complaint is filed with the
7    Commission no later than 6 months after the summary report
8    is provided to the Attorney General in accordance with
9    subsection (c) of Section 25-50.
10        (2) To request information relating to an
11    investigation from any person when the Legislative
12    Inspector General deems that information necessary in
13    conducting an investigation.
14        (3) To issue subpoenas, with the advance approval of
15    the Commission, to compel the attendance of witnesses for
16    the purposes of testimony and production of documents and
17    other items for inspection and copying and to make service
18    of those subpoenas and subpoenas issued under item (7) of
19    Section 25-15.
20        (4) To submit reports as required by this Act.
21        (5) To file pleadings in the name of the Legislative
22    Inspector General with the Legislative Ethics Commission,
23    through the Attorney General, as provided in this Article
24    if the Attorney General finds that reasonable cause exists
25    to believe that a violation has occurred.
26        (6) To assist and coordinate the ethics officers for



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1    State agencies under the jurisdiction of the Legislative
2    Inspector General and to work with those ethics officers.
3        (7) To participate in or conduct, when appropriate,
4    multi-jurisdictional investigations.
5        (8) To request, as the Legislative Inspector General
6    deems appropriate, from ethics officers of State agencies
7    under his or her jurisdiction, reports or information on
8    (i) the content of a State agency's ethics training program
9    and (ii) the percentage of new officers and employees who
10    have completed ethics training.
11        (9) To establish a policy that ensures the appropriate
12    handling and correct recording of all investigations of
13    allegations and to ensure that the policy is accessible via
14    the Internet in order that those seeking to report those
15    allegations are familiar with the process and that the
16    subjects of those allegations are treated fairly.
17        (10) To post information to the Legislative Inspector
18    General's website explaining to complainants and subjects
19    of an investigation the legal limitations on the
20    Legislative Inspector General's ability to provide
21    information to them and a general overview of the
22    investigation process.
23(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.