HB0314 101ST GENERAL ASSEMBLY

LRB101 03988 RJF 48996 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0314

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

5 ILCS 430/20-20

Amends the State Officials and Employees Ethics Act. Requires the Executive Inspectors General appointed under the Act to establish and maintain an Internet website to which all residents of Illinois shall have free access, including a prominent statement of notification to the public. Requires the Executive Inspectors General appointed under the Act to immediately disclose all detailed findings resulting from investigations entered into under Act, and to post those findings on their respective Internet websites. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 20-20 as follows:

(5 ILCS 430/20-20)

Sec. 20-20. Duties of the Executive Inspectors General. In addition to duties otherwise assigned by law, each Executive Inspector General shall have the following duties:

(1) To receive and investigate allegations of violations of this Act. An investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred. To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred. The Executive Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law.

(2) To request information relating to an investigation from any person when the Executive Inspector General deems that information necessary in conducting an investigation.

(3) To issue subpoenas to compel the attendance of witnesses for the purposes of testimony and production of documents and other items for inspection and copying and to make service of those subpoenas and subpoenas issued under item (7) of Section 20-15.

(4) To submit reports as required by this Act.

(5) To file pleadings in the name of the Executive Inspector General with the Executive Ethics Commission, through the Attorney General, as provided in this Article if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.

(6) To assist and coordinate the ethics officers for State agencies under the jurisdiction of the Executive Inspector General and to work with those ethics officers.

(7) To participate in or conduct, when appropriate, multi-jurisdictional investigations.

(8) To request, as the Executive Inspector General deems appropriate, from ethics officers of State agencies under his or her jurisdiction, reports or information on (i) the content of a State agency's ethics training program and (ii) the percentage of new officers and employees who have completed ethics training.

(9) To review hiring and employment files of each State agency within the Executive Inspector General's jurisdiction to ensure compliance with Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), and with all applicable employment laws.

(10) To establish a policy that ensures the appropriate handling and correct recording of all investigations conducted by the Office, and to ensure that the policy is accessible via the Internet in order that those seeking to report those allegations are familiar with the process and that the subjects of those allegations are treated fairly.

(11) To post information to the Executive Inspector General's website explaining to complainants and subjects of an investigation the legal limitations on the Executive Inspector General's ability to provide information to them and a general overview of the investigation process.

(12) To establish and maintain an Internet website to which all residents of Illinois shall have free access. In addition to any other information required by law or information the Executive Inspector General deems necessary and appropriate, the website shall also contain a prominent statement of notification to the public that shall read as follows:

"NOTICE TO THE PUBLIC

The Office of the Executive Inspector General appointed by [name of elected/appointed official] is an independent office. The Office receives a separate appropriation from the General Assembly and operates this independent website. Findings published on this website are independent findings based upon facts analyzed by this Office.".

(13) To immediately disclose all detailed findings resulting from investigations under this Act, except that details need not be disclosed if confidentiality is requested by law enforcement. The disclosure of findings required under this paragraph (12) shall be posted on the Internet website of the disclosing Executive Inspector General, and may be posted in any other medium at the discretion of that Executive Inspector General.

(Source: P.A. 100-588, eff. 6-8-18.)

Section 99. Effective date. This Act takes effect upon becoming law.