101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3962
 
Introduced 11/12/2019, by Rep. David McSweeney - Jonathan Carroll
 
SYNOPSIS AS INTRODUCED:
 

 
5 ILCS 430/25-52

     Amends the State Officials and Employees Ethics Act. Provides that a founded summary report by the Legislative Inspector General alleging unethical or wrongful conduct on behalf of a member of the General Assembly in violation of the Act, along with any response from the ultimate jurisdictional authority or member, shall be made available to the public, regardless of whether a complaint was filed with the Legislative Ethics Commission and regardless of whether disciplinary action resulted. Provides that the release of a founded summary report shall not require the approval, by vote or otherwise, of the Legislative Ethics Commission. Provides that the Legislative Ethics Commission shall (rather than may) also make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head, or a redacted version of the report and response, for which a complaint was filed, regardless of whether disciplinary action resulted.
  


LRB101 15350 RJF 64552 b

 
 
A BILL FOR
 

  
HB3962LRB101 15350 RJF 64552 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 Section 25-52 as follows:
 
6    (5 ILCS 430/25-52)
7    Sec. 25-52. Release of summary reports.
8    (a)            Within 60 days after receipt of a summary report and 
9response from the ultimate jurisdictional authority or agency 
10head that resulted in a suspension of at least 3 days or 
11termination of employment, the Legislative Ethics Commission 
12shall make available to the public the report and response or a 
13redacted version of the report and response. The Legislative 
14Ethics Commission shall also may make available to the public 
15any other summary report and response of the ultimate 
16jurisdictional authority or agency head or a redacted version 
17of the report and response for which a complaint was filed, 
18regardless of whether disciplinary action resulted.
19    (a-5) Notwithstanding any provision of law to the contrary, 
20a founded summary report by the Legislative Inspector General 
21alleging unethical or wrongful conduct on behalf of a member of 
22the General Assembly in violation of this Act, along with any 
23response from the ultimate jurisdictional authority or member, 
 
 
HB3962- 2 -LRB101 15350 RJF 64552 b

1shall be made available to the public, regardless of whether a 
2complaint was filed with the Legislative Ethics Commission  and 
3regardless of whether disciplinary action resulted. The 
4release of a founded summary report under this subsection (a-5) 
5shall not require the approval, by vote or otherwise, of the 
6Legislative Ethics Commission. 
7    (b)          The Legislative Ethics Commission shall redact 
8information in the summary report that may reveal the identity 
9of witnesses, complainants, or informants or if the Commission 
10determines it is appropriate to protect the identity of a 
11person before publication. The Commission may also redact any 
12information it believes should not be made public.



Prior to 
13publication, the Commission shall permit the respondents, 
14Legislative Inspector General, and Attorney General to review 
15documents to be made public and offer suggestions for redaction 
16or provide a response that shall be made public with the 
17summary report.
18    (c)          The Legislative Ethics Commission may withhold 
19publication of the report or response if the Legislative 
20Inspector General or Attorney General certifies that 
21publication will interfere with an ongoing investigation.

22(Source: P.A. 96-555, eff. 8-18-09.)