Full Text of SB3159 100th General Assembly
SB3159sam001 100TH GENERAL ASSEMBLY | Sen. Karen McConnaughay Filed: 4/6/2018
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| 1 | | AMENDMENT TO SENATE BILL 3159
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3159 as follows:
| 3 | | on page 1, by replacing lines 4 and 5 with the following: | 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Sections 20-52, 20-65, 20-95, 25-5, 25-10, | 6 | | 25-50, 25-52, and 25-95, and by adding Sections 30-52 and 30-95 | 7 | | as follows: | 8 | | (5 ILCS 430/20-52) | 9 | | Sec. 20-52. Release of summary reports. | 10 | | (a) Within 60 days after receipt of a summary report and | 11 | | response from the ultimate jurisdictional authority or agency | 12 | | head that resulted in a suspension of at least 3 days or | 13 | | termination of employment, the Executive Ethics Commission | 14 | | shall make available to the public the report and response or a | 15 | | redacted version of the report and response. The Executive |
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| 1 | | Ethics Commission may make available to the public any other | 2 | | summary report and response of the ultimate jurisdictional | 3 | | authority or agency head or a redacted version of the report | 4 | | and response. | 5 | | (a-5) Within 60 days after receipt of a summary report and | 6 | | response from the ultimate jurisdictional authority or agency | 7 | | head, including, if applicable, a statement of reasons why an | 8 | | Executive Inspector General does not believe a complaint should | 9 | | be filed where the allegations are based upon a violation of | 10 | | Section 5-65 of this Act and regardless of whether or not a | 11 | | violation was found to have occurred, the Executive Ethics | 12 | | Commission shall make available to the complainant the summary | 13 | | report and response, including, if applicable, any statement of | 14 | | reasons why the Executive Inspector General does not believe a | 15 | | complaint should be filed or a redacted version of the report | 16 | | and response. Within 60 days after receipt of a summary report | 17 | | and response from the ultimate jurisdictional authority or | 18 | | agency head that finds a violation of Section 5-65 of this Act, | 19 | | the Executive Ethics Commission shall make available to the | 20 | | public the report and response or a redacted version of the | 21 | | report and response. | 22 | | (b) The Commission shall redact information in the summary | 23 | | report that may reveal the identity of witnesses, complainants, | 24 | | or informants or if the Commission determines it is appropriate | 25 | | to protect the identity of a person before the report is made | 26 | | public. The Commission may also redact any information it |
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| 1 | | believes should not be made public. Prior to publication, the | 2 | | Commission shall permit the respondents, Inspector General, | 3 | | and Attorney General to review documents to be made public and | 4 | | offer suggestions for redaction or provide a response that | 5 | | shall be made public with the summary report. In no case may | 6 | | the name of a person who has been found to have violated | 7 | | Section 5-65 be redacted. | 8 | | (c) The Commission may withhold publication of the report | 9 | | or response if the Executive Inspector General or Attorney | 10 | | General certifies that releasing the report to the public will | 11 | | interfere with an ongoing investigation.
| 12 | | (Source: P.A. 96-555, eff. 8-18-09.) | 13 | | (5 ILCS 430/20-65)
| 14 | | Sec. 20-65. Reporting of investigations. | 15 | | (a) Each Executive Inspector General shall file a quarterly | 16 | | activity report with the Executive Ethics Commission that | 17 | | reflects investigative activity during the previous quarter. | 18 | | The Executive Ethics Commission shall establish the reporting | 19 | | dates. The activity report shall include at least the | 20 | | following: | 21 | | (1) The number of investigations opened during the | 22 | | preceding quarter, the affected offices or agencies, and | 23 | | the unique tracking numbers for new investigations. | 24 | | (2) The number of investigations closed during the | 25 | | preceding quarter, the affected offices or agencies, and |
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| 1 | | the unique tracking numbers for closed investigations. | 2 | | (3) The status of each on-going investigation that | 3 | | remained open at the end of the quarter, the affected | 4 | | office, agency or agencies, the investigation's unique | 5 | | tracking number, and a brief statement of the general | 6 | | nature of the investigation. | 7 | | (b) If
any investigation is not concluded within 6 months | 8 | | after its initiation,
the appropriate Executive Inspector | 9 | | General shall file a 6-month report with the Executive
Ethics | 10 | | Commission by the fifteenth day of the month following it being | 11 | | open for 6 months. The 6-month report shall disclose: | 12 | | (1) The general nature of the allegation or information | 13 | | giving rise to the
investigation, the title or job duties | 14 | | of the subjects of the investigation, and the | 15 | | investigation's unique tracking number. | 16 | | (2) The date of the last alleged violation of this Act | 17 | | or other State law giving rise to the investigation. | 18 | | (3) Whether the Executive Inspector General has found | 19 | | credible the allegations of criminal conduct. | 20 | | (4) Whether the allegation has been referred to an | 21 | | appropriate law enforcement agency and the identity of the | 22 | | law enforcement agency to which those allegations were | 23 | | referred. | 24 | | (5) If an allegation has not been referred to an | 25 | | appropriate law enforcement agency, the reasons for the | 26 | | failure to complete the investigation
within 6 months, a |
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| 1 | | summary of the investigative steps taken, additional | 2 | | investigative steps contemplated at the time of the report, | 3 | | and an estimate of additional time necessary to complete | 4 | | the investigation.
| 5 | | (6) Any other information deemed necessary by the | 6 | | Executive Ethics Commission in determining whether to | 7 | | appoint a Special Inspector General. | 8 | | (c) If an Executive Inspector General has referred an | 9 | | allegation to an appropriate law enforcement agency and | 10 | | continues to investigate the matter, the future reporting | 11 | | requirements of this Section are suspended. | 12 | | (d) Except for quarterly reports filed under subsection | 13 | | (a), reports Reports filed under this Section are exempt from | 14 | | the Freedom of Information Act. | 15 | | (Source: P.A. 96-555, eff. 8-18-09.) | 16 | | (5 ILCS 430/20-95)
| 17 | | Sec. 20-95. Exemptions.
| 18 | | (a) Documents generated by an ethics
officer under this | 19 | | Act, except Section 5-50, are exempt from the provisions of
the | 20 | | Freedom
of Information Act.
| 21 | | (b) Any allegations
and related documents
submitted to an | 22 | | Executive Inspector General and any pleadings and
related | 23 | | documents brought before the Executive Ethics
Commission are | 24 | | exempt from the provisions of the Freedom of
Information Act so | 25 | | long as the Executive Ethics Commission
does not make a finding |
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| 1 | | of a violation of this Act.
If the Executive
Ethics Commission | 2 | | finds that a violation has occurred, the
entire record of | 3 | | proceedings before the Commission, the decision and
| 4 | | recommendation, and the response from the agency head or
| 5 | | ultimate jurisdictional authority to the Executive Ethics
| 6 | | Commission are not exempt from the provisions of the Freedom of
| 7 | | Information Act but information contained therein that is | 8 | | otherwise exempt from
the
Freedom of Information Act must be | 9 | | redacted before disclosure as provided in
the Freedom of | 10 | | Information Act. A summary report released by the Executive | 11 | | Ethics Commission under Section 20-52 is a public record, but | 12 | | information redacted by the Executive Ethics Commission shall | 13 | | not be part of the public record.
| 14 | | (c) Meetings of the Commission are exempt from the | 15 | | provisions of the Open
Meetings Act.
| 16 | | (d) Unless otherwise provided in this Act, all | 17 | | investigatory files and
reports of the Office of an Executive | 18 | | Inspector General, other than monthly
reports required under | 19 | | Section 20-85 and quarterly reports required under Sections | 20 | | 20-65 and 20-86 , are confidential, are exempt from disclosure
| 21 | | under the Freedom of Information Act, and shall not be divulged | 22 | | to
any person or agency, except as necessary (i) to a law
| 23 | | enforcement
authority, (ii) to the ultimate
jurisdictional | 24 | | authority, (iii) to the
Executive Ethics Commission, (iv) to | 25 | | another Inspector General appointed
pursuant to this Act, or | 26 | | (v) to an Inspector General appointed or employed by a Regional |
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| 1 | | Transit Board in accordance with Section 75-10 , or (vi) to keep | 2 | | a complainant informed of the status and outcome of the | 3 | | investigation of a complaint involving a violation of Section | 4 | | 5-65 of this Act .
| 5 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .)"; | 6 | | and | 7 | | on page 15, immediately below line 18, by inserting the | 8 | | following: | 9 | | "(5 ILCS 430/25-52) | 10 | | Sec. 25-52. Release of summary reports. | 11 | | (a) Within 60 days after receipt of a summary report and | 12 | | response from the ultimate jurisdictional authority or agency | 13 | | head that resulted in a suspension of at least 3 days or | 14 | | termination of employment, the Legislative Ethics Commission | 15 | | shall make available to the public the report and response or a | 16 | | redacted version of the report and response. The Legislative | 17 | | Ethics Commission may make available to the public any other | 18 | | summary report and response of the ultimate jurisdictional | 19 | | authority or agency head or a redacted version of the report | 20 | | and response. | 21 | | (a-5) Within 60 days after receipt of a summary report and | 22 | | response from the ultimate jurisdictional authority or agency | 23 | | head, including, if applicable, a statement of reasons why the | 24 | | Legislative Inspector General does not believe a complaint |
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| 1 | | should be filed where the allegations are based upon a | 2 | | violation of Section 5-65 of this Act and regardless of whether | 3 | | or not a violation was found to have occurred, the Legislative | 4 | | Ethics Commission shall make available to the complainant the | 5 | | summary report and response, including, if applicable, any | 6 | | statement of reasons why the Legislative Inspector General does | 7 | | not believe a complaint should be filed or a redacted version | 8 | | of the report and response. Within 60 days after receipt of a | 9 | | summary report and response from the ultimate jurisdictional | 10 | | authority or agency head that finds a violation of Section 5-65 | 11 | | of this Act, the Legislative Ethics Commission shall make | 12 | | available to the public the report and response or a redacted | 13 | | version of the report and response. | 14 | | (b) The Legislative Ethics Commission shall redact | 15 | | information in the summary report that may reveal the identity | 16 | | of witnesses, complainants, or informants or if the Commission | 17 | | determines it is appropriate to protect the identity of a | 18 | | person before publication. The Commission may also redact any | 19 | | information it believes should not be made public.
Prior to | 20 | | publication, the Commission shall permit the respondents, | 21 | | Legislative Inspector General, and Attorney General to review | 22 | | documents to be made public and offer suggestions for redaction | 23 | | or provide a response that shall be made public with the | 24 | | summary report. In no case may the name of a person who has | 25 | | been found to have violated Section 5-65 be redacted. | 26 | | (c) The Legislative Ethics Commission may withhold |
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| 1 | | publication of the report or response if the Legislative | 2 | | Inspector General or Attorney General certifies that | 3 | | publication will interfere with an ongoing investigation.
| 4 | | (Source: P.A. 96-555, eff. 8-18-09.) | 5 | | (5 ILCS 430/25-95)
| 6 | | Sec. 25-95. Exemptions.
| 7 | | (a) Documents generated by an ethics
officer under this | 8 | | Act, except Section 5-50, are exempt from the provisions of
the | 9 | | Freedom
of Information Act.
| 10 | | (a-5) Requests from ethics officers, members, and State | 11 | | employees to the Office of the Legislative Inspector General, a | 12 | | Special Legislative Inspector General, the Legislative Ethics | 13 | | Commission, an ethics officer, or a person designated by a | 14 | | legislative leader for guidance on matters involving the | 15 | | interpretation or application of this Act or rules promulgated | 16 | | under this Act are exempt from the provisions of the Freedom of | 17 | | Information Act. Guidance provided to an ethics officer, | 18 | | member, or State employee at the request of an ethics officer, | 19 | | member, or State employee by the Office of the Legislative | 20 | | Inspector General, a Special Legislative Inspector General, | 21 | | the Legislative Ethics Commission, an ethics officer, or a | 22 | | person designated by a legislative leader on matters involving | 23 | | the interpretation or application of this Act or rules | 24 | | promulgated under this Act is exempt from the provisions of the | 25 | | Freedom of Information Act.
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| 1 | | (b) Summary investigation reports released by the | 2 | | Legislative Ethics Commission as provided in Section 25-52 are | 3 | | public records. Otherwise, any allegations
and related | 4 | | documents
submitted to the Legislative Inspector General and | 5 | | any pleadings and
related documents brought before the | 6 | | Legislative Ethics
Commission are exempt from the provisions of | 7 | | the Freedom of
Information Act so long as the Legislative | 8 | | Ethics Commission
does not make a finding of a violation of | 9 | | this Act.
If the Legislative
Ethics Commission finds that a | 10 | | violation has occurred, the
entire record of proceedings before | 11 | | the Commission, the decision and
recommendation, and the | 12 | | mandatory report from the agency head or
ultimate | 13 | | jurisdictional authority to the Legislative Ethics
Commission | 14 | | are not exempt from the provisions of the Freedom of
| 15 | | Information Act but information contained therein that is | 16 | | exempt from the
Freedom of Information Act must be redacted | 17 | | before disclosure as provided in
Section 8 of the Freedom of | 18 | | Information Act.
| 19 | | (c) Meetings of the Commission are exempt from the | 20 | | provisions of the Open
Meetings Act.
| 21 | | (d) Unless otherwise provided in this Act, all | 22 | | investigatory files and
reports of the Office of the | 23 | | Legislative Inspector General, other than quarterly reports | 24 | | under Sections 25-65, 25-85, and 25-86
monthly
reports , are | 25 | | confidential, are exempt from disclosure
under the Freedom of | 26 | | Information Act, and shall not be divulged to
any person or |
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| 1 | | agency, except as necessary (i) to the appropriate law
| 2 | | enforcement
authority if the matter is referred pursuant to | 3 | | this Act, (ii) to the ultimate
jurisdictional authority, or | 4 | | (iii) to the
Legislative Ethics Commission , or (iv) to keep a | 5 | | complainant informed of the status and outcome of the | 6 | | investigation of a complaint involving a violation of Section | 7 | | 5-65 of this Act .
| 8 | | (Source: P.A. 96-555, eff. 8-18-09.) | 9 | | (5 ILCS 430/30-52 new) | 10 | | Sec. 30-52. Release of summary reports. Within 60 days | 11 | | after receipt of a summary report and response from the Auditor | 12 | | General in accordance with 2 Ill. Adm. Code 605.50, including, | 13 | | if applicable, a statement of reasons why the Auditor General | 14 | | Inspector General does not believe a complaint should be filed | 15 | | where the allegations are based upon a violation of Section | 16 | | 5-65 of this Act and regardless of whether or not a violation | 17 | | was found to have occurred, the Auditor General Inspector | 18 | | General shall make available to the complainant the summary | 19 | | report and response, including, if applicable, any statement of | 20 | | reasons why the Auditor General Inspector General does not | 21 | | believe a complaint should be filed or a redacted version of | 22 | | the report and response. Within 60 days after receipt of a | 23 | | summary report and response from the Auditor General that finds | 24 | | a violation of Section 5-65 of this Act, the Auditor General | 25 | | Inspector General shall make available to the public the report |
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| 1 | | and response or a redacted version of the report and response. | 2 | | In no case may the name of a person who has been found to | 3 | | have violated Section 5-65 be redacted. | 4 | | (5 ILCS 430/30-95 new) | 5 | | Sec. 30-95. Confidentiality; exemption. Monthly reports of | 6 | | the Auditor General Inspector General submitted in accordance | 7 | | with 2 Ill. Adm. Code 605.40 are not confidential or exempt | 8 | | from the provisions of the Freedom of Information Act. | 9 | | Investigatory files and reports of the Auditor General | 10 | | Inspector General may be disclosed, as necessary, to keep a | 11 | | complainant informed of the status and outcome of the | 12 | | investigation of a complaint involving a violation of Section | 13 | | 5-65 of this Act. ".
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