Illinois General Assembly - Full Text of SB0730
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Full Text of SB0730  101st General Assembly

SB0730ham002 101ST GENERAL ASSEMBLY

Rep. Ann M. Williams

Adopted in House on Nov 14, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 730

2    AMENDMENT NO. ______. Amend Senate Bill 730, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Governmental Ethics Act is amended
6by changing Section 4A-106.5 as follows:
 
7    (5 ILCS 420/4A-106.5)
8    Sec. 4A-106.5. Persons filing statements with county
9clerk; notice; certification of list of names; alphabetical
10list; receipt; examination and copying of statements. The
11statements of economic interests required of persons listed in
12Section 4A-101.5 shall be filed with the county clerk of the
13county in which the principal office of the unit of local
14government with which the person is associated is located. If
15it is not apparent which county the principal office of a unit
16of local government is located, the chief administrative

 

 

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1officer, or his or her designee, has the authority, for
2purposes of this Act, to determine the county in which the
3principal office is located. Annually, on or before February 1,
4the The chief administrative officer, or his or her designee,
5of each unit of local government with persons described in
6Section 4A-101.5 shall certify to the appropriate county clerk
7a list of names and addresses of persons that are required to
8file. In preparing the lists, each chief administrative
9officer, or his or her designee, shall set out the names in
10alphabetical order.
11    On or before April 1 annually, the county clerk of each
12county shall notify all persons whose names have been certified
13to him under Section 4A-101.5, other than candidates for office
14who have filed their statements with their nominating
15petitions, of the requirements for filing statements of
16economic interests. A person required to file with a county
17clerk by virtue of more than one item among items set forth in
18Section 4A-101.5 shall be notified of and is required to file
19only one statement of economic interests relating to all items
20under which the person is required to file with that county
21clerk.
22    Except as provided in Section 4A-106.1, the notices
23provided for in this Section shall be in writing and deposited
24in the U.S. Mail, properly addressed, first class postage
25prepaid, on or before the day required by this Section for the
26sending of the notice. Alternatively, a county clerk may send

 

 

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1the notices electronically to all persons whose names have been
2thus certified to him. A certificate executed by a county clerk
3attesting that he or she has sent the notice by the means
4permitted by this Section constitutes prima facie evidence
5thereof.
6    From the lists certified to him or her under this Section
7of persons described in Section 4A-101.5, the clerk of each
8county shall compile an alphabetical listing of persons
9required to file statements of economic interests in his or her
10office under any of those items. As the statements are filed in
11his or her office, the county clerk shall cause the fact of
12that filing to be indicated on the alphabetical listing of
13persons who are required to file statements. Within 30 days
14after the due dates, the county clerk shall mail to the State
15Board of Elections a true copy of that listing showing those
16who have filed statements.
17    The county clerk of each county shall note upon the
18alphabetical listing the names of all persons required to file
19a statement of economic interests who failed to file a
20statement on or before May 1. It shall be the duty of the
21several county clerks to give notice as provided in Section
224A-105 to any person who has failed to file his or her
23statement with the clerk on or before May 1.
24    Any person who files or has filed a statement of economic
25interest under this Section is entitled to receive from the
26county clerk a receipt indicating that the person has filed

 

 

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1such a statement, the date of filing, and the identity of the
2governmental unit or units in relation to which the filing is
3required.
4    All statements of economic interests filed under this
5Section shall be available for examination and copying by the
6public at all reasonable times.
7(Source: P.A. 101-221, eff. 8-9-19.)
 
8    Section 10. The State Officials and Employees Ethics Act is
9amended by changing Sections 5-10.5, 20-5, 20-50, 20-63, 20-90,
1025-5, 25-50, 25-63, 25-90 as follows:
 
11    (5 ILCS 430/5-10.5)
12    Sec. 5-10.5. Harassment and discrimination prevention
13training.
14    (a) Until 2020, each officer, member, and employee must
15complete, at least annually, a sexual harassment training
16program. A person who fills a vacancy in an elective or
17appointed position that requires training under this Section
18must complete his or her initial sexual harassment training
19program within 30 days after commencement of his or her office
20or employment. The training shall include, at a minimum, the
21following: (i) the definition, and a description, of sexual
22harassment utilizing examples; (ii) details on how an
23individual can report an allegation of sexual harassment,
24including options for making a confidential report to a

 

 

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1supervisor, ethics officer, Inspector General, or the
2Department of Human Rights; (iii) the definition, and
3description of, retaliation for reporting sexual harassment
4allegations utilizing examples, including availability of
5whistleblower protections under this Act, the Whistleblower
6Act, and the Illinois Human Rights Act; and (iv) the
7consequences of a violation of the prohibition on sexual
8harassment and the consequences for knowingly making a false
9report. Proof of completion must be submitted to the applicable
10ethics officer. Sexual harassment training programs shall be
11overseen by the appropriate Ethics Commission and Inspector
12General appointed under this Act.
13    (a-5) Beginning in 2020, each officer, member, and employee
14must complete, at least annually, a harassment and
15discrimination prevention training program. A person who fills
16a vacancy in an elective or appointed position that requires
17training under this subsection must complete his or her initial
18harassment and discrimination prevention training program
19within 30 days after commencement of his or her office or
20employment. The training shall include, at a minimum, the
21following: (i) the definition and a description of sexual
22harassment, unlawful discrimination, and harassment, including
23examples of each; (ii) details on how an individual can report
24an allegation of sexual harassment, unlawful discrimination,
25or harassment, including options for making a confidential
26report to a supervisor, ethics officer, Inspector General, or

 

 

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1the Department of Human Rights; (iii) the definition and
2description of retaliation for reporting sexual harassment,
3unlawful discrimination, or harassment allegations utilizing
4examples, including availability of whistleblower protections
5under this Act, the Whistleblower Act, and the Illinois Human
6Rights Act; and (iv) the consequences of a violation of the
7prohibition on sexual harassment, unlawful discrimination, and
8harassment and the consequences for knowingly making a false
9report. Proof of completion must be submitted to the applicable
10ethics officer. Harassment and discrimination training
11programs shall be overseen by the appropriate Ethics Commission
12and Inspector General appointed under this Act.
13    For the purposes of this subsection, "unlawful
14discrimination" and "harassment" refer refers to
15discrimination and harassment prohibited under Section 2-102
16of the Illinois Human Rights Act.
17    (b) Each ultimate jurisdictional authority shall submit to
18the applicable Ethics Commission, at least annually, or more
19frequently as required by that Commission, a report that
20summarizes the harassment and discrimination prevention sexual
21harassment training program that was completed during the
22previous year, and lays out the plan for the training program
23in the coming year. The report shall include the names of
24individuals that failed to complete the required training
25program. Each Ethics Commission shall make the reports
26available on its website.

 

 

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1(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19;
2revised 9-12-19.)
 
3    (5 ILCS 430/20-5)
4    Sec. 20-5. Executive Ethics Commission.
5    (a) The Executive Ethics Commission is created.
6    (b) The Executive Ethics Commission shall consist of 9
7commissioners. The Governor shall appoint 5 commissioners, and
8the Attorney General, Secretary of State, Comptroller, and
9Treasurer shall each appoint one commissioner. Appointments
10shall be made by and with the advice and consent of the Senate
11by three-fifths of the elected members concurring by record
12vote. Any nomination not acted upon by the Senate within 60
13session days of the receipt thereof shall be deemed to have
14received the advice and consent of the Senate. If, during a
15recess of the Senate, there is a vacancy in an office of
16commissioner, the appointing authority shall make a temporary
17appointment until the next meeting of the Senate when the
18appointing authority shall make a nomination to fill that
19office. No person rejected for an office of commissioner shall,
20except by the Senate's request, be nominated again for that
21office at the same session of the Senate or be appointed to
22that office during a recess of that Senate. No more than 5
23commissioners may be of the same political party.
24    The terms of the initial commissioners shall commence upon
25qualification. Four initial appointees of the Governor, as

 

 

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1designated by the Governor, shall serve terms running through
2June 30, 2007. One initial appointee of the Governor, as
3designated by the Governor, and the initial appointees of the
4Attorney General, Secretary of State, Comptroller, and
5Treasurer shall serve terms running through June 30, 2008. The
6initial appointments shall be made within 60 days after the
7effective date of this Act.
8    After the initial terms, commissioners shall serve for
94-year terms commencing on July 1 of the year of appointment
10and running through June 30 of the fourth following year.
11Commissioners may be reappointed to one or more subsequent
12terms.
13    Vacancies occurring other than at the end of a term shall
14be filled by the appointing authority only for the balance of
15the term of the commissioner whose office is vacant.
16    Terms shall run regardless of whether the position is
17filled.
18    (c) The appointing authorities shall appoint commissioners
19who have experience holding governmental office or employment
20and shall appoint commissioners from the general public. A
21person is not eligible to serve as a commissioner if that
22person (i) has been convicted of a felony or a crime of
23dishonesty or moral turpitude, (ii) is, or was within the
24preceding 12 months, engaged in activities that require
25registration under the Lobbyist Registration Act, (iii) is
26related to the appointing authority, or (iv) is a State officer

 

 

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1or employee.
2    (d) The Executive Ethics Commission shall have
3jurisdiction over all officers and employees of State agencies
4other than the General Assembly, the Senate, the House of
5Representatives, the President and Minority Leader of the
6Senate, the Speaker and Minority Leader of the House of
7Representatives, the Senate Operations Commission, the
8legislative support services agencies, and the Office of the
9Auditor General. The Executive Ethics Commission shall have
10jurisdiction over all board members and employees of Regional
11Transit Boards. The jurisdiction of the Commission is limited
12to matters arising under this Act, except as provided in
13subsection (d-5).
14    A member or legislative branch State employee serving on an
15executive branch board or commission remains subject to the
16jurisdiction of the Legislative Ethics Commission and is not
17subject to the jurisdiction of the Executive Ethics Commission.
18    (d-5) The Executive Ethics Commission shall have
19jurisdiction over all chief procurement officers and
20procurement compliance monitors and their respective staffs.
21The Executive Ethics Commission shall have jurisdiction over
22any matters arising under the Illinois Procurement Code if the
23Commission is given explicit authority in that Code.
24    (d-6) (1) The Executive Ethics Commission shall have
25jurisdiction over the Illinois Power Agency and its staff. The
26Director of the Agency shall be appointed by a majority of the

 

 

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1commissioners of the Executive Ethics Commission, subject to
2Senate confirmation, for a term of 2 years. The Director is
3removable for cause by a majority of the Commission upon a
4finding of neglect, malfeasance, absence, or incompetence.
5    (2) In case of a vacancy in the office of Director of the
6Illinois Power Agency during a recess of the Senate, the
7Executive Ethics Commission may make a temporary appointment
8until the next meeting of the Senate, at which time the
9Executive Ethics Commission shall nominate some person to fill
10the office, and any person so nominated who is confirmed by the
11Senate shall hold office during the remainder of the term and
12until his or her successor is appointed and qualified. Nothing
13in this subsection shall prohibit the Executive Ethics
14Commission from removing a temporary appointee or from
15appointing a temporary appointee as the Director of the
16Illinois Power Agency.
17    (3) Prior to June 1, 2012, the Executive Ethics Commission
18may, until the Director of the Illinois Power Agency is
19appointed and qualified or a temporary appointment is made
20pursuant to paragraph (2) of this subsection, designate some
21person as an acting Director to execute the powers and
22discharge the duties vested by law in that Director. An acting
23Director shall serve no later than 60 calendar days, or upon
24the making of an appointment pursuant to paragraph (1) or (2)
25of this subsection, whichever is earlier. Nothing in this
26subsection shall prohibit the Executive Ethics Commission from

 

 

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1removing an acting Director or from appointing an acting
2Director as the Director of the Illinois Power Agency.
3    (4) No person rejected by the Senate for the office of
4Director of the Illinois Power Agency shall, except at the
5Senate's request, be nominated again for that office at the
6same session or be appointed to that office during a recess of
7that Senate.
8    (d-7) The Executive Ethics Commission shall have
9jurisdiction over complainants and respondents in violation of
10subsection (d) of Section 20-90 subsection (e) of Section
1120-63.
12    (e) The Executive Ethics Commission must meet, either in
13person or by other technological means, at least monthly and as
14often as necessary. At the first meeting of the Executive
15Ethics Commission, the commissioners shall choose from their
16number a chairperson and other officers that they deem
17appropriate. The terms of officers shall be for 2 years
18commencing July 1 and running through June 30 of the second
19following year. Meetings shall be held at the call of the
20chairperson or any 3 commissioners. Official action by the
21Commission shall require the affirmative vote of 5
22commissioners, and a quorum shall consist of 5 commissioners.
23Commissioners shall receive compensation in an amount equal to
24the compensation of members of the State Board of Elections and
25may be reimbursed for their reasonable expenses actually
26incurred in the performance of their duties.

 

 

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1    (f) No commissioner or employee of the Executive Ethics
2Commission may during his or her term of appointment or
3employment:
4        (1) become a candidate for any elective office;
5        (2) hold any other elected or appointed public office
6    except for appointments on governmental advisory boards or
7    study commissions or as otherwise expressly authorized by
8    law;
9        (3) be actively involved in the affairs of any
10    political party or political organization; or
11        (4) advocate for the appointment of another person to
12    an appointed or elected office or position or actively
13    participate in any campaign for any elective office.
14    (g) An appointing authority may remove a commissioner only
15for cause.
16    (h) The Executive Ethics Commission shall appoint an
17Executive Director. The compensation of the Executive Director
18shall be as determined by the Commission. The Executive
19Director of the Executive Ethics Commission may employ and
20determine the compensation of staff, as appropriations permit.
21    (i) The Executive Ethics Commission shall appoint, by a
22majority of the members appointed to the Commission, chief
23procurement officers and may appoint procurement compliance
24monitors in accordance with the provisions of the Illinois
25Procurement Code. The compensation of a chief procurement
26officer and procurement compliance monitor shall be determined

 

 

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1by the Commission.
2(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19.)
 
3    (5 ILCS 430/20-50)
4    Sec. 20-50. Investigation reports.
5    (a) If an Executive Inspector General, upon the conclusion
6of an investigation, determines that reasonable cause exists to
7believe that a violation has occurred, then the Executive
8Inspector General shall issue a summary report of the
9investigation. The report shall be delivered to the appropriate
10ultimate jurisdictional authority and to the head of each State
11agency affected by or involved in the investigation, if
12appropriate. The appropriate ultimate jurisdictional authority
13or agency head shall respond to the summary report within 20
14days, in writing, to the Executive Inspector General. The
15response shall include a description of any corrective or
16disciplinary action to be imposed. If the appropriate ultimate
17jurisdictional authority does not respond within 20 days, or
18within an extended time period as agreed to by the Executive
19Inspector General, an Executive Inspector General may proceed
20under subsection (c) as if a response had been received.
21    (b) The summary report of the investigation shall include
22the following:
23        (1) A description of any allegations or other
24    information received by the Executive Inspector General
25    pertinent to the investigation.

 

 

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1        (2) A description of any alleged misconduct discovered
2    in the course of the investigation.
3        (3) Recommendations for any corrective or disciplinary
4    action to be taken in response to any alleged misconduct
5    described in the report, including but not limited to
6    discharge.
7        (4) Other information the Executive Inspector General
8    deems relevant to the investigation or resulting
9    recommendations.
10    (c) Within 30 days after receiving a response from the
11appropriate ultimate jurisdictional authority or agency head
12under subsection (a), the Executive Inspector General shall
13notify the Commission and the Attorney General if the Executive
14Inspector General believes that a complaint should be filed
15with the Commission. If the Executive Inspector General desires
16to file a complaint with the Commission, the Executive
17Inspector General shall submit the summary report and
18supporting documents to the Attorney General. If the Attorney
19General concludes that there is insufficient evidence that a
20violation has occurred, the Attorney General shall notify the
21Executive Inspector General and the Executive Inspector
22General shall deliver to the Executive Ethics Commission a copy
23of the summary report and response from the ultimate
24jurisdictional authority or agency head. If the Attorney
25General determines that reasonable cause exists to believe that
26a violation has occurred, then the Executive Inspector General,

 

 

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1represented by the Attorney General, may file with the
2Executive Ethics Commission a complaint. The complaint shall
3set forth the alleged violation and the grounds that exist to
4support the complaint. The complaint must be filed with the
5Commission within 12 months after the Executive Inspector
6General's receipt of the allegation of the violation or within
718 months after the most recent act of the alleged violation or
8of a series of alleged violations, whichever is later, except
9where there is reasonable cause to believe that fraudulent
10concealment has occurred. To constitute fraudulent concealment
11sufficient to toll this limitations period, there must be an
12affirmative act or representation calculated to prevent
13discovery of the fact that a violation has occurred. If a
14complaint is not filed with the Commission within 6 months
15after notice by the Inspector General to the Commission and the
16Attorney General, then the Commission may set a meeting of the
17Commission at which the Attorney General shall appear and
18provide a status report to the Commission.
19    (c-5) Within 30 days after receiving a response from the
20appropriate ultimate jurisdictional authority or agency head
21under subsection (a), if the Executive Inspector General does
22not believe that a complaint should be filed, the Executive
23Inspector General shall deliver to the Executive Ethics
24Commission a statement setting forth the basis for the decision
25not to file a complaint and a copy of the summary report and
26response from the ultimate jurisdictional authority or agency

 

 

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1head. An Inspector General may also submit a redacted version
2of the summary report and response from the ultimate
3jurisdictional authority if the Inspector General believes
4either contains information that, in the opinion of the
5Inspector General, should be redacted prior to releasing the
6report, may interfere with an ongoing investigation, or
7identifies an informant or complainant.
8    (c-10) If, after reviewing the documents, the Commission
9believes that further investigation is warranted, the
10Commission may request that the Executive Inspector General
11provide additional information or conduct further
12investigation. The Commission may also appoint a Special
13Executive Inspector General to investigate or refer the summary
14report and response from the ultimate jurisdictional authority
15to the Attorney General for further investigation or review. If
16the Commission requests the Attorney General to investigate or
17review, the Commission must notify the Attorney General and the
18Inspector General. The Attorney General may not begin an
19investigation or review until receipt of notice from the
20Commission. If, after review, the Attorney General determines
21that reasonable cause exists to believe that a violation has
22occurred, then the Attorney General may file a complaint with
23the Executive Ethics Commission. If the Attorney General
24concludes that there is insufficient evidence that a violation
25has occurred, the Attorney General shall notify the Executive
26Ethics Commission and the appropriate Executive Inspector

 

 

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1General.
2    (d) A copy of the complaint filed with the Executive Ethics
3Commission must be served on all respondents named in the
4complaint and on each respondent's ultimate jurisdictional
5authority in the same manner as process is served under the
6Code of Civil Procedure.
7    (e) A respondent may file objections to the complaint
8within 30 days after notice of the petition has been served on
9the respondent.
10    (f) The Commission shall meet, either in person or by
11telephone, at least 30 days after the complaint is served on
12all respondents in a closed session to review the sufficiency
13of the complaint. The Commission shall issue notice by
14certified mail, return receipt requested, to the Executive
15Inspector General, Attorney General, and all respondents of the
16Commission's ruling on the sufficiency of the complaint. If the
17complaint is deemed to sufficiently allege a violation of this
18Act, then the Commission shall include a hearing date scheduled
19within 4 weeks after the date of the notice, unless all of the
20parties consent to a later date. If the complaint is deemed not
21to sufficiently allege a violation, then the Commission shall
22send by certified mail, return receipt requested, a notice to
23the Executive Inspector General, Attorney General, and all
24respondents of the decision to dismiss the complaint.
25    (g) On the scheduled date the Commission shall conduct a
26closed meeting, either in person or, if the parties consent, by

 

 

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1telephone, on the complaint and allow all parties the
2opportunity to present testimony and evidence. All such
3proceedings shall be transcribed.
4    (h) Within an appropriate time limit set by rules of the
5Executive Ethics Commission, the Commission shall (i) dismiss
6the complaint, (ii) issue a recommendation of discipline to the
7respondent and the respondent's ultimate jurisdictional
8authority, (iii) impose an administrative fine upon the
9respondent, (iv) issue injunctive relief as described in
10Section 50-10, or (v) impose a combination of (ii) through
11(iv).
12    (i) The proceedings on any complaint filed with the
13Commission shall be conducted pursuant to rules promulgated by
14the Commission.
15    (j) The Commission may designate hearing officers to
16conduct proceedings as determined by rule of the Commission.
17    (k) In all proceedings before the Commission, the standard
18of proof is by a preponderance of the evidence.
19    (l) Within 30 days after the issuance of a final
20administrative decision that concludes that a violation
21occurred, the Executive Ethics Commission shall make public the
22entire record of proceedings before the Commission, the
23decision, any recommendation, any discipline imposed, and the
24response from the agency head or ultimate jurisdictional
25authority to the Executive Ethics Commission.
26(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19.)
 

 

 

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1    (5 ILCS 430/20-63)
2    Sec. 20-63. Rights of persons subjected to discrimination,
3harassment, or sexual harassment.
4    (a) As used in this Section, "complainant" means a known
5person identified in a complaint filed with an Executive
6Inspector General as a person subjected to alleged
7discrimination, harassment, or sexual harassment in violation
8of Section 5-65 of this Act, subsection (a) of Section 4.7 of
9the Lobbyist Registration Act, or Article 2 of the Illinois
10Human Rights Act, regardless of whether the complaint is filed
11by the person.
12    (b) A complainant shall have the following rights:
13        (1) within 5 business days of the Executive Inspector
14    General receiving a complaint in which the complainant is
15    identified, to be notified by the Executive Inspector
16    General of the receipt of the complaint, the complainant's
17    rights, and an explanation of the process, rules, and
18    procedures related to the investigation of an allegation,
19    and the duties of the Executive Inspector General and the
20    Executive Ethics Commission;
21        (2) within 5 business days after the Executive
22    Inspector General's decision to open or close an
23    investigation into the complaint or refer the complaint to
24    another appropriate agency, to be notified of the Executive
25    Inspector General's decision; however, if the Executive

 

 

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1    Inspector General reasonably determines that publicly
2    acknowledging the existence of an investigation would
3    interfere with the conduct or completion of that
4    investigation, the notification may be withheld until
5    public acknowledgment of the investigation would no longer
6    interfere with that investigation;
7        (3) after an investigation has been opened, to have any
8    interviews of the complainant audio recorded by the
9    Executive Inspector General and to review, in person and in
10    the presence of the Executive Inspector General or his or
11    her designee, any transcript or interview report created
12    from that audio recorded interview. The complainant may
13    provide any supplemental statements or evidence throughout
14    the investigation to review statements and evidence given
15    to the Executive Inspector General by the complainant and
16    the Executive Inspector General's summarization of those
17    statements and evidence, if such summary exists. The
18    complainant may make suggestions of changes for the
19    Executive Inspector General's consideration, but the
20    Executive Inspector General shall have the final authority
21    to determine what statements, evidence, and summaries are
22    included in any report of the investigation;
23        (4) to have a union representative, attorney,
24    co-worker, or other support person who is not involved in
25    the investigation, at the complainant's expense, present
26    at any interview or meeting, whether in person or by

 

 

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1    telephone or audio-visual communication, between the
2    complainant and the Executive Inspector General or
3    Executive Ethics Commission;
4        (5) to submit an impact statement that shall be
5    included with the Executive Inspector General's summary
6    report to the Executive Ethics Commission for its
7    consideration;
8        (6) to testify at a hearing held under subsection (g)
9    of Section 20-50, to the extent the hearing is based on an
10    allegation of a violation of Section 5-65 of this Act or
11    subsection (a) of Section 4.7 of the Lobbyist Registration
12    Act involving the complainant, and have a single union
13    representative, attorney, co-worker, or other support
14    person who is not involved in the investigation, at the
15    complainant's expense, accompany him or her while
16    testifying;
17        (7) to review, within 5 business days prior to its
18    release, any portion of a summary report of the
19    investigation subject to public release under this Article
20    related to the allegations concerning the complainant,
21    after redactions made by the Executive Ethics Commission,
22    and offer suggestions for redaction or provide a response
23    that shall be made public with the summary report; and
24        (8) to file a complaint with the Executive Ethics
25    Commission for any violation of the complainant's rights
26    under this Section by the Executive Inspector General.

 

 

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1    (c) The complainant shall have the sole discretion in
2determining whether to exercise the rights set forth in this
3Section. All rights under this Section shall be waived if the
4complainant fails to cooperate with the Executive Inspector
5General's investigation of the complaint.
6    (d) The notice requirements imposed on Inspectors General
7by this Section shall be waived if the Inspector General is
8unable to identify or locate the complainant.
9    (e) (Blank). A complainant receiving a copy of any summary
10report, in whole or in part, under this Section shall keep the
11report confidential and shall not disclose the report prior to
12the publication of the report by the Executive Ethics
13Commission. A complainant that violates this subsection (e)
14shall be subject to an administrative fine by the Executive
15Ethics Commission of up to $5,000.
16(Source: P.A. 101-221, eff. 8-9-19.)
 
17    (5 ILCS 430/20-90)
18    Sec. 20-90. Confidentiality.
19    (a) The identity of any individual providing information or
20reporting any possible or alleged misconduct to an Executive
21Inspector General or the Executive Ethics Commission shall be
22kept confidential and may not be disclosed without the consent
23of that individual, unless the individual consents to
24disclosure of his or her name or disclosure of the individual's
25identity is otherwise required by law. The confidentiality

 

 

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1granted by this subsection does not preclude the disclosure of
2the identity of a person in any capacity other than as the
3source of an allegation.
4    (b) Subject to the provisions of Section 20-52,
5commissioners, employees, and agents of the Executive Ethics
6Commission, the Executive Inspectors General, and employees
7and agents of each Office of an Executive Inspector General,
8the Attorney General, and the employees and agents of the
9office of the Attorney General shall keep confidential and
10shall not disclose information exempted from disclosure under
11the Freedom of Information Act or by this Act, provided the
12identity of any individual providing information or reporting
13any possible or alleged misconduct to the Executive Inspector
14General for the Governor may be disclosed to an Inspector
15General appointed or employed by a Regional Transit Board in
16accordance with Section 75-10.
17    (c) In his or her discretion, an Executive Inspector
18General may notify complainants and subjects of an
19investigation with an update on the status of the respective
20investigation, including when the investigation is opened and
21closed.
22    (d) A complainant, as defined in subsection (a) of Section
2320-63, or a respondent who receives a copy of any summary
24report, in whole or in part, shall keep the report confidential
25and shall not disclose the report, or any portion thereof,
26prior to the publication of the summary report by the Executive

 

 

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1Ethics Commission pursuant to this Act. A complainant or
2respondent who violates this subsection (d) shall be in
3violation of this Act and subject to an administrative fine by
4the Executive Ethics Commission of up to $5,000.
5(Source: P.A. 100-588, eff. 6-8-18.)
 
6    (5 ILCS 430/25-5)
7    Sec. 25-5. Legislative Ethics Commission.
8    (a) The Legislative Ethics Commission is created.
9    (b) The Legislative Ethics Commission shall consist of 8
10commissioners appointed 2 each by the President and Minority
11Leader of the Senate and the Speaker and Minority Leader of the
12House of Representatives.
13    The terms of the initial commissioners shall commence upon
14qualification. Each appointing authority shall designate one
15appointee who shall serve for a 2-year term running through
16June 30, 2005. Each appointing authority shall designate one
17appointee who shall serve for a 4-year term running through
18June 30, 2007. The initial appointments shall be made within 60
19days after the effective date of this Act.
20    After the initial terms, commissioners shall serve for
214-year terms commencing on July 1 of the year of appointment
22and running through June 30 of the fourth following year.
23Commissioners may be reappointed to one or more subsequent
24terms.
25    Vacancies occurring other than at the end of a term shall

 

 

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1be filled by the appointing authority only for the balance of
2the term of the commissioner whose office is vacant.
3    Terms shall run regardless of whether the position is
4filled.
5    (c) The appointing authorities shall appoint commissioners
6who have experience holding governmental office or employment
7and may appoint commissioners who are members of the General
8Assembly as well as commissioners from the general public. A
9commissioner who is a member of the General Assembly must
10recuse himself or herself from participating in any matter
11relating to any investigation or proceeding in which he or she
12is the subject or is a complainant. A person is not eligible to
13serve as a commissioner if that person (i) has been convicted
14of a felony or a crime of dishonesty or moral turpitude, (ii)
15is, or was within the preceding 12 months, engaged in
16activities that require registration under the Lobbyist
17Registration Act, (iii) is a relative of the appointing
18authority, (iv) is a State officer or employee other than a
19member of the General Assembly, or (v) is a candidate for
20statewide office, federal office, or judicial office.
21    (c-5) If a commissioner is required to recuse himself or
22herself from participating in a matter as provided in
23subsection (c), the recusal shall create a temporary vacancy
24for the limited purpose of consideration of the matter for
25which the commissioner recused himself or herself, and the
26appointing authority for the recusing commissioner shall make a

 

 

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1temporary appointment to fill the vacancy for consideration of
2the matter for which the commissioner recused himself or
3herself.
4    (d) The Legislative Ethics Commission shall have
5jurisdiction over current and former members of the General
6Assembly regarding events occurring during a member's term of
7office and current and former State employees regarding events
8occurring during any period of employment where the State
9employee's ultimate jurisdictional authority is (i) a
10legislative leader, (ii) the Senate Operations Commission, or
11(iii) the Joint Committee on Legislative Support Services. The
12Legislative Ethics Commission shall have jurisdiction over
13complainants and respondents in violation of subsection (d) of
14Section 25-90 subsection (e) of Section 25-63. The jurisdiction
15of the Commission is limited to matters arising under this Act.
16    An officer or executive branch State employee serving on a
17legislative branch board or commission remains subject to the
18jurisdiction of the Executive Ethics Commission and is not
19subject to the jurisdiction of the Legislative Ethics
20Commission.
21    (e) The Legislative Ethics Commission must meet, either in
22person or by other technological means, monthly or as often as
23necessary. At the first meeting of the Legislative Ethics
24Commission, the commissioners shall choose from their number a
25chairperson and other officers that they deem appropriate. The
26terms of officers shall be for 2 years commencing July 1 and

 

 

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1running through June 30 of the second following year. Meetings
2shall be held at the call of the chairperson or any 3
3commissioners. Official action by the Commission shall require
4the affirmative vote of 5 commissioners, and a quorum shall
5consist of 5 commissioners. Commissioners shall receive no
6compensation but may be reimbursed for their reasonable
7expenses actually incurred in the performance of their duties.
8    (f) No commissioner, other than a commissioner who is a
9member of the General Assembly, or employee of the Legislative
10Ethics Commission may during his or her term of appointment or
11employment:
12        (1) become a candidate for any elective office;
13        (2) hold any other elected or appointed public office
14    except for appointments on governmental advisory boards or
15    study commissions or as otherwise expressly authorized by
16    law;
17        (3) be actively involved in the affairs of any
18    political party or political organization; or
19        (4) advocate for the appointment of another person to
20    an appointed or elected office or position or actively
21    participate in any campaign for any elective office.
22    (f-5) No commissioner who is a member of the General
23Assembly may be a candidate for statewide office, federal
24office, or judicial office. If a commissioner who is a member
25of the General Assembly files petitions to be a candidate for a
26statewide office, federal office, or judicial office, he or she

 

 

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1shall be deemed to have resigned from his or her position as a
2commissioner on the date his or her name is certified for the
3ballot by the State Board of Elections or local election
4authority and his or her position as a commissioner shall be
5deemed vacant. Such person may not be reappointed to the
6Commission during any time he or she is a candidate for
7statewide office, federal office, or judicial office.
8    (g) An appointing authority may remove a commissioner only
9for cause.
10    (h) The Legislative Ethics Commission shall appoint an
11Executive Director subject to the approval of at least 3 of the
124 legislative leaders. The compensation of the Executive
13Director shall be as determined by the Commission. The
14Executive Director of the Legislative Ethics Commission may
15employ, subject to the approval of at least 3 of the 4
16legislative leaders, and determine the compensation of staff,
17as appropriations permit.
18    (i) In consultation with the Legislative Inspector
19General, the Legislative Ethics Commission may develop
20comprehensive training for members and employees under its
21jurisdiction that includes, but is not limited to, sexual
22harassment, employment discrimination, and workplace civility.
23The training may be recommended to the ultimate jurisdictional
24authorities and may be approved by the Commission to satisfy
25the sexual harassment training required under Section 5-10.5 or
26be provided in addition to the annual sexual harassment

 

 

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1training required under Section 5-10.5. The Commission may seek
2input from governmental agencies or private entities for
3guidance in developing such training.
4(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
5101-221, eff. 8-9-19.)
 
6    (5 ILCS 430/25-50)
7    Sec. 25-50. Investigation reports.
8    (a) If the Legislative Inspector General, upon the
9conclusion of an investigation, determines that reasonable
10cause exists to believe that a violation has occurred, then the
11Legislative Inspector General shall issue a summary report of
12the investigation. The report shall be delivered to the
13appropriate ultimate jurisdictional authority, to the head of
14each State agency affected by or involved in the investigation,
15if appropriate, and the member, if any, that is the subject of
16the report. The appropriate ultimate jurisdictional authority
17or agency head and the member, if any, that is the subject of
18the report shall respond to the summary report within 20 days,
19in writing, to the Legislative Inspector General. If the
20ultimate jurisdictional authority is the subject of the report,
21he or she may only respond to the summary report in his or her
22capacity as the subject of the report and shall not respond in
23his or her capacity as the ultimate jurisdictional authority.
24The response shall include a description of any corrective or
25disciplinary action to be imposed. If the appropriate ultimate

 

 

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1jurisdictional authority or the member that is the subject of
2the report does not respond within 20 days, or within an
3extended time as agreed to by the Legislative Inspector
4General, the Legislative Inspector General may proceed under
5subsection (c) as if a response had been received. A member
6receiving and responding to a report under this Section shall
7be deemed to be acting in his or her official capacity.
8    (b) The summary report of the investigation shall include
9the following:
10        (1) A description of any allegations or other
11    information received by the Legislative Inspector General
12    pertinent to the investigation.
13        (2) A description of any alleged misconduct discovered
14    in the course of the investigation.
15        (3) Recommendations for any corrective or disciplinary
16    action to be taken in response to any alleged misconduct
17    described in the report, including, but not limited to,
18    discharge.
19        (4) Other information the Legislative Inspector
20    General deems relevant to the investigation or resulting
21    recommendations.
22    (c) Within 30 days after receiving a response from the
23appropriate ultimate jurisdictional authority or agency head
24under subsection (a), the Legislative Inspector General shall
25notify the Commission and the Attorney General if the
26Legislative Inspector General believes that a complaint should

 

 

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1be filed with the Commission. If the Legislative Inspector
2General desires to file a complaint with the Commission, the
3Legislative Inspector General shall submit the summary report
4and supporting documents to the Attorney General. If the
5Attorney General concludes that there is insufficient evidence
6that a violation has occurred, the Attorney General shall
7notify the Legislative Inspector General and the Legislative
8Inspector General shall deliver to the Legislative Ethics
9Commission a copy of the summary report and response from the
10ultimate jurisdictional authority or agency head. If the
11Attorney General determines that reasonable cause exists to
12believe that a violation has occurred, then the Legislative
13Inspector General, represented by the Attorney General, may
14file with the Legislative Ethics Commission a complaint. The
15complaint shall set forth the alleged violation and the grounds
16that exist to support the complaint. Except as provided under
17subsection (1.5) of Section 20, the complaint must be filed
18with the Commission within 12 months after the Legislative
19Inspector General's receipt of the allegation of the violation
20or within 18 months after the most recent act of the alleged
21violation or of a series of alleged violations, whichever is
22later, except where there is reasonable cause to believe that
23fraudulent concealment has occurred. To constitute fraudulent
24concealment sufficient to toll this limitations period, there
25must be an affirmative act or representation calculated to
26prevent discovery of the fact that a violation has occurred. If

 

 

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1a complaint is not filed with the Commission within 6 months
2after notice by the Inspector General to the Commission and the
3Attorney General, then the Commission may set a meeting of the
4Commission at which the Attorney General shall appear and
5provide a status report to the Commission.
6    (c-5) Within 30 days after receiving a response from the
7appropriate ultimate jurisdictional authority or agency head
8under subsection (a), if the Legislative Inspector General does
9not believe that a complaint should be filed, the Legislative
10Inspector General shall deliver to the Legislative Ethics
11Commission a statement setting forth the basis for the decision
12not to file a complaint and a copy of the summary report and
13response from the ultimate jurisdictional authority or agency
14head. The Inspector General may also submit a redacted version
15of the summary report and response from the ultimate
16jurisdictional authority if the Inspector General believes
17either contains information that, in the opinion of the
18Inspector General, should be redacted prior to releasing the
19report, may interfere with an ongoing investigation, or
20identifies an informant or complainant.
21    (c-10) If, after reviewing the documents, the Commission
22believes that further investigation is warranted, the
23Commission may request that the Legislative Inspector General
24provide additional information or conduct further
25investigation. The Commission may also refer the summary report
26and response from the ultimate jurisdictional authority to the

 

 

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1Attorney General for further investigation or review. If the
2Commission requests the Attorney General to investigate or
3review, the Commission must notify the Attorney General and the
4Legislative Inspector General. The Attorney General may not
5begin an investigation or review until receipt of notice from
6the Commission. If, after review, the Attorney General
7determines that reasonable cause exists to believe that a
8violation has occurred, then the Attorney General may file a
9complaint with the Legislative Ethics Commission. If the
10Attorney General concludes that there is insufficient evidence
11that a violation has occurred, the Attorney General shall
12notify the Legislative Ethics Commission and the appropriate
13Legislative Inspector General.
14    (d) A copy of the complaint filed with the Legislative
15Ethics Commission must be served on all respondents named in
16the complaint and on each respondent's ultimate jurisdictional
17authority in the same manner as process is served under the
18Code of Civil Procedure.
19    (e) A respondent may file objections to the complaint
20within 30 days after notice of the petition has been served on
21the respondent.
22    (f) The Commission shall meet, at least 30 days after the
23complaint is served on all respondents either in person or by
24telephone, in a closed session to review the sufficiency of the
25complaint. The Commission shall issue notice by certified mail,
26return receipt requested, to the Legislative Inspector

 

 

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1General, the Attorney General, and all respondents of the
2Commission's ruling on the sufficiency of the complaint. If the
3complaint is deemed to sufficiently allege a violation of this
4Act, then the Commission shall include a hearing date scheduled
5within 4 weeks after the date of the notice, unless all of the
6parties consent to a later date. If the complaint is deemed not
7to sufficiently allege a violation, then the Commission shall
8send by certified mail, return receipt requested, a notice to
9the Legislative Inspector General, the Attorney General, and
10all respondents the decision to dismiss the complaint.
11    (g) On the scheduled date the Commission shall conduct a
12closed meeting, either in person or, if the parties consent, by
13telephone, on the complaint and allow all parties the
14opportunity to present testimony and evidence. All such
15proceedings shall be transcribed.
16    (h) Within an appropriate time limit set by rules of the
17Legislative Ethics Commission, the Commission shall (i)
18dismiss the complaint, (ii) issue a recommendation of
19discipline to the respondent and the respondent's ultimate
20jurisdictional authority, (iii) impose an administrative fine
21upon the respondent, (iv) issue injunctive relief as described
22in Section 50-10, or (v) impose a combination of items (ii)
23through (iv).
24    (i) The proceedings on any complaint filed with the
25Commission shall be conducted pursuant to rules promulgated by
26the Commission.

 

 

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1    (j) The Commission may designate hearing officers to
2conduct proceedings as determined by rule of the Commission.
3    (k) In all proceedings before the Commission, the standard
4of proof is by a preponderance of the evidence.
5    (l) Within 30 days after the issuance of a final
6administrative decision that concludes that a violation
7occurred, the Legislative Ethics Commission shall make public
8the entire record of proceedings before the Commission, the
9decision, any recommendation, any discipline imposed, and the
10response from the agency head or ultimate jurisdictional
11authority to the Legislative Ethics Commission.
12(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
13revised 9-12-19.)
 
14    (5 ILCS 430/25-63)
15    Sec. 25-63. Rights of persons subjected to discrimination,
16harassment, or sexual harassment.
17    (a) As used in this Section, "complainant" means a known
18person identified in a complaint filed with the Legislative
19Inspector General as a person subjected to alleged
20discrimination, harassment, or sexual harassment in violation
21of Section 5-65 of this Act or Article 2 of the Illinois Human
22Rights Act, regardless of whether the complaint is filed by the
23person.
24    (b) A complainant shall have the following rights:
25        (1) within 5 business days of the Legislative Inspector

 

 

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1    General receiving a complaint in which the complainant is
2    identified, to be notified by the Legislative Inspector
3    General of the receipt of the complaint, the complainant's
4    rights, and an explanation of the process, rules, and
5    procedures related to the investigation of investigating
6    an allegation, and the duties of the Legislative Inspector
7    General and the Legislative Ethics Commission;
8        (2) within 5 business days after the Legislative
9    Inspector General's decision to open or close an
10    investigation into the complaint or refer the complaint to
11    another appropriate agency, to be notified of the
12    Legislative Inspector General's decision; however, if the
13    Legislative Inspector General reasonably determines that
14    publicly acknowledging the existence of an investigation
15    would interfere with the conduct or completion of that
16    investigation, the notification may be withheld until
17    public acknowledgment of the investigation would no longer
18    interfere with that investigation;
19        (3) after an investigation has been opened, to have any
20    interviews of the complainant audio recorded by the
21    Legislative Inspector General and to review, in person and
22    in the presence of the Legislative Inspector General or his
23    or her designee, any transcript or interview report created
24    from that audio recorded interview. The complainant may
25    provide any supplemental statements or evidence throughout
26    the investigation to review statements and evidence given

 

 

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1    to the Legislative Inspector General by the complainant and
2    the Legislative Inspector General's summarization of those
3    statements and evidence, if such summary exists. The
4    complainant may make suggestions of changes for the
5    Legislative Inspector General's consideration, but the
6    Legislative Inspector General shall have the final
7    authority to determine what statements, evidence, and
8    summaries are included in any report of the investigation;
9        (4) to have a union representative, attorney,
10    co-worker, or other support person who is not involved in
11    the investigation, at the complainant's expense, present
12    at any interview or meeting, whether in person or by
13    telephone or audio-visual communication, between the
14    complainant and the Legislative Inspector General or
15    Legislative Ethics Commission;
16        (5) to submit a complainant impact statement that shall
17    be included with the Legislative Inspector General's
18    summary report to the Legislative Ethics Commission for its
19    consideration;
20        (6) to testify at a hearing held under subsection (g)
21    of Section 25-50, to the extent the hearing is based on an
22    allegation of a violation of Section 5-65 of this Act
23    involving the complainant, and have a single union
24    representative, attorney, co-worker, or other support
25    person who is not involved in the investigation, at the
26    complainant's expense, accompany him or her while

 

 

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1    testifying;
2        (7) to review, within 5 business days prior to its
3    release, any portion of a summary report of the
4    investigation subject to public release under this Article
5    related to the allegations concerning the complainant,
6    after redactions made by the Legislative Ethics
7    Commission, and offer suggestions for redaction or provide
8    a response that shall be made public with the summary
9    report; and
10        (8) to file a complaint with the Legislative Ethics
11    Commission for any violation of the complainant's rights
12    under this Section by the Legislative Inspector General.
13    (c) The complainant shall have the sole discretion in
14determining whether or not to exercise the rights set forth in
15this Section. All rights under this Section shall be waived if
16the complainant fails to cooperate with the Legislative
17Inspector General's investigation of the complaint.
18    (d) The notice requirements imposed on the Legislative
19Inspector General by this Section shall be waived if the
20Legislative Inspector General is unable to identify or locate
21the complainant.
22    (e) (Blank). A complainant receiving a copy of any summary
23report, in whole or in part, under this Section shall keep the
24report confidential and shall not disclose the report prior to
25the publication of the report by the Legislative Ethics
26Commission. A complainant that violates this subsection (e)

 

 

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1shall be subject to an administrative fine by the Legislative
2Ethics Commission of up to $5,000.
3(Source: P.A. 101-221, eff. 8-9-19; revised 9-12-19.)
 
4    (5 ILCS 430/25-90)
5    Sec. 25-90. Confidentiality.
6    (a) The identity of any individual providing information or
7reporting any possible or alleged misconduct to the Legislative
8Inspector General or the Legislative Ethics Commission shall be
9kept confidential and may not be disclosed without the consent
10of that individual, unless the individual consents to
11disclosure of his or her name or disclosure of the individual's
12identity is otherwise required by law. The confidentiality
13granted by this subsection does not preclude the disclosure of
14the identity of a person in any capacity other than as the
15source of an allegation.
16    (b) Subject to the provisions of Section 25-50(c),
17commissioners, employees, and agents of the Legislative Ethics
18Commission, the Legislative Inspector General, and employees
19and agents of the Office of the Legislative Inspector General
20shall keep confidential and shall not disclose information
21exempted from disclosure under the Freedom of Information Act
22or by this Act.
23    (c) In his or her discretion, the Legislative Inspector
24General may notify complainants and subjects of an
25investigation with an update on the status of the respective

 

 

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1investigation, including when the investigation is opened and
2closed.
3    (d) A complainant, as defined in subsection (a) of Section
425-63, or a respondent who receives a copy of any summary
5report, in whole or in part, shall keep the report confidential
6and shall not disclose the report, or any portion thereof,
7prior to the publication of the summary report by the
8Legislative Ethics Commission pursuant to this Act. A
9complainant or respondent who violates this subsection (d)
10shall be in violation of this Act and subject to an
11administrative fine by the Legislative Ethics Commission of up
12to $5,000.
13(Source: P.A. 100-588, eff. 6-8-18.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".