Bill Amendment: IL SB0643 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ETHICS DISCLOSURES
Status: 2019-01-09 - Session Sine Die [SB0643 Detail]
Download: Illinois-2017-SB0643-Senate_Amendment_001.html
Bill Title: ETHICS DISCLOSURES
Status: 2019-01-09 - Session Sine Die [SB0643 Detail]
Download: Illinois-2017-SB0643-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 643
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2 | AMENDMENT NO. ______. Amend Senate Bill 643 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Officials and Employees Ethics Act is | ||||||
5 | amended by changing Sections 20-50, 20-90, and 20-95 as | ||||||
6 | follows:
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7 | (5 ILCS 430/20-50)
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8 | Sec. 20-50. Investigation reports.
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9 | (a) If an Executive Inspector General, upon the conclusion | ||||||
10 | of an
investigation, determines that reasonable cause exists to | ||||||
11 | believe that a
violation
has occurred, then
the Executive | ||||||
12 | Inspector General shall issue a summary report of the
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13 | investigation. The report shall be delivered to the
appropriate | ||||||
14 | ultimate jurisdictional
authority and to the head of each State
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15 | agency
affected by or involved in the investigation, if | ||||||
16 | appropriate. The appropriate ultimate jurisdictional authority |
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1 | or agency head shall respond to the summary report within 20 | ||||||
2 | days, in writing, to the Executive Inspector General. The | ||||||
3 | response shall include a description of any corrective or | ||||||
4 | disciplinary action to be imposed.
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5 | (a-5) After the Executive Inspector General issues a | ||||||
6 | summary report of the investigation, the ultimate | ||||||
7 | jurisdictional authority or agency head may, as necessary, | ||||||
8 | disclose the summary report and any other supporting documents | ||||||
9 | received from the Executive Inspector General to agency staff | ||||||
10 | who are necessary and responsible for determining and imposing | ||||||
11 | discipline and, as strictly necessary, to an employee accused | ||||||
12 | of wrongdoing for the purpose of determining and imposing | ||||||
13 | appropriate discipline. | ||||||
14 | (b) The summary report of the investigation shall include | ||||||
15 | the following:
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16 | (1) A description of any allegations or other | ||||||
17 | information
received by the Executive Inspector General | ||||||
18 | pertinent to the
investigation.
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19 | (2) A description of any alleged misconduct discovered | ||||||
20 | in the
course of the investigation.
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21 | (3) Recommendations for any corrective or disciplinary
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22 | action to be taken in response to any alleged misconduct | ||||||
23 | described in the
report, including but not limited to | ||||||
24 | discharge.
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25 | (4) Other information the Executive Inspector General
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26 | deems relevant to the investigation or resulting |
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1 | recommendations.
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2 | (c) Within 30 days after receiving a response from the | ||||||
3 | appropriate ultimate jurisdictional authority or agency head | ||||||
4 | under subsection (a),
the Executive Inspector General shall | ||||||
5 | notify the Commission and the Attorney General if the Executive | ||||||
6 | Inspector General believes that a complaint should be filed | ||||||
7 | with the Commission. If the Executive Inspector General desires | ||||||
8 | to file a
complaint with the Commission, the Executive | ||||||
9 | Inspector General shall submit the summary report and | ||||||
10 | supporting documents to the
Attorney General. If the Attorney | ||||||
11 | General concludes that there is insufficient evidence that a | ||||||
12 | violation has occurred, the Attorney General shall notify the | ||||||
13 | Executive Inspector General and the Executive Inspector | ||||||
14 | General shall deliver to the Executive Ethics Commission a copy | ||||||
15 | of the summary report and response from the ultimate | ||||||
16 | jurisdictional authority or agency head.
If the Attorney | ||||||
17 | General determines
that reasonable cause exists to believe that | ||||||
18 | a violation has occurred, then the
Executive Inspector
General, | ||||||
19 | represented by the Attorney
General, may file with the | ||||||
20 | Executive Ethics Commission a complaint.
The complaint shall | ||||||
21 | set
forth the alleged violation and the
grounds that exist to | ||||||
22 | support the complaint. The complaint must be filed with the | ||||||
23 | Commission within 18 months
after the most recent act of the
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24 | alleged violation or of a series of alleged violations
except | ||||||
25 | where there is reasonable cause to believe
that fraudulent | ||||||
26 | concealment has occurred. To constitute fraudulent concealment
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1 | sufficient to toll this limitations period, there must be an | ||||||
2 | affirmative act or
representation calculated to prevent | ||||||
3 | discovery of the fact that a violation has
occurred.
If a | ||||||
4 | complaint is not filed with the Commission
within 6 months | ||||||
5 | after notice by the Inspector General to the Commission and the
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6 | Attorney General, then the Commission may set a meeting of the | ||||||
7 | Commission at
which the Attorney General shall appear and | ||||||
8 | provide a status
report to the Commission.
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9 | (c-5) Within 30 days after receiving a response from the | ||||||
10 | appropriate ultimate jurisdictional authority or agency head | ||||||
11 | under subsection (a), if the Executive Inspector General does | ||||||
12 | not believe that a complaint should be filed, the Executive | ||||||
13 | Inspector General shall deliver to the Executive Ethics | ||||||
14 | Commission a statement setting forth the basis for the decision | ||||||
15 | not to file a complaint and a copy of the summary report and | ||||||
16 | response from the ultimate jurisdictional authority or agency | ||||||
17 | head. An Inspector General may also submit a redacted version | ||||||
18 | of the summary report and response from the ultimate | ||||||
19 | jurisdictional authority if the Inspector General believes | ||||||
20 | either contains information that, in the opinion of the | ||||||
21 | Inspector General, should be redacted prior to releasing the | ||||||
22 | report, may interfere with an ongoing investigation, or | ||||||
23 | identifies an informant or complainant. | ||||||
24 | (c-10) If, after reviewing the documents, the Commission | ||||||
25 | believes that further investigation is warranted, the | ||||||
26 | Commission may request that the Executive Inspector General |
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1 | provide additional information or conduct further | ||||||
2 | investigation. The Commission may also appoint a Special | ||||||
3 | Executive Inspector General to investigate or refer the summary | ||||||
4 | report and response from the ultimate jurisdictional authority | ||||||
5 | to the Attorney General for further investigation or review. If | ||||||
6 | the Commission requests the Attorney General to investigate or | ||||||
7 | review, the Commission must notify the Attorney General and the | ||||||
8 | Inspector General. The Attorney General may not begin an | ||||||
9 | investigation or review until receipt of notice from the | ||||||
10 | Commission.
If, after review, the Attorney General determines | ||||||
11 | that reasonable cause exists to believe that a violation has | ||||||
12 | occurred, then the Attorney General may file a complaint with | ||||||
13 | the Executive Ethics Commission. If the Attorney General | ||||||
14 | concludes that there is insufficient evidence that a violation | ||||||
15 | has occurred, the Attorney General shall notify the Executive | ||||||
16 | Ethics Commission and the appropriate Executive Inspector | ||||||
17 | General. | ||||||
18 | (d) A copy of the complaint filed with the Executive Ethics | ||||||
19 | Commission must be served on all respondents named in the
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20 | complaint and on each respondent's ultimate jurisdictional | ||||||
21 | authority in
the same manner as process is served under the | ||||||
22 | Code of Civil
Procedure.
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23 | (e) A respondent may file objections to the complaint | ||||||
24 | within 30 days after notice of the petition has been
served on | ||||||
25 | the respondent.
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26 | (f) The Commission shall meet, either in person or by |
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1 | telephone, at least 30 days after the complaint is served on | ||||||
2 | all respondents
in a closed session to review the sufficiency | ||||||
3 | of the complaint.
The Commission shall
issue notice by | ||||||
4 | certified mail, return receipt requested, to the Executive | ||||||
5 | Inspector General, Attorney General, and all respondents of
the | ||||||
6 | Commission's ruling on the sufficiency of the complaint. If the | ||||||
7 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
8 | Act, then the Commission shall
include a hearing date scheduled | ||||||
9 | within 4 weeks after the date of the notice,
unless all of the | ||||||
10 | parties consent to a later date.
If the complaint is deemed not | ||||||
11 | to sufficiently allege a
violation, then
the Commission shall | ||||||
12 | send by certified mail, return receipt requested,
a notice to | ||||||
13 | the Executive Inspector General, Attorney General, and all | ||||||
14 | respondents of the decision to dismiss the complaint.
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15 | (g) On the scheduled date
the Commission shall conduct a | ||||||
16 | closed meeting,
either in person or, if the parties consent, by | ||||||
17 | telephone, on the complaint and
allow all
parties the | ||||||
18 | opportunity to present testimony and evidence.
All such | ||||||
19 | proceedings shall be transcribed.
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20 | (h) Within an appropriate time limit set by rules of the | ||||||
21 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
22 | the
complaint, (ii) issue a recommendation of discipline to the
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23 | respondent and the respondent's ultimate jurisdictional | ||||||
24 | authority, (iii)
impose an administrative fine upon the | ||||||
25 | respondent, (iv) issue injunctive relief as described in | ||||||
26 | Section 50-10, or (v) impose a combination of (ii) through |
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1 | (iv).
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2 | (i) The proceedings on any complaint filed with the | ||||||
3 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
4 | the Commission.
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5 | (j) The Commission may designate hearing officers
to | ||||||
6 | conduct proceedings as determined by rule of the Commission.
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7 | (k) In all proceedings before the Commission, the standard | ||||||
8 | of
proof is by a preponderance of the evidence.
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9 | (l) Within 30 days after the issuance of a final | ||||||
10 | administrative decision that concludes that a violation | ||||||
11 | occurred, the Executive Ethics Commission shall make public the | ||||||
12 | entire record of proceedings before the Commission, the | ||||||
13 | decision, any recommendation, any discipline imposed, and the | ||||||
14 | response from the agency head or ultimate jurisdictional | ||||||
15 | authority to the Executive Ethics Commission.
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16 | (Source: P.A. 96-555, eff. 8-18-09.)
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17 | (5 ILCS 430/20-90)
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18 | Sec. 20-90. Confidentiality.
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19 | (a) The identity of any individual providing information or | ||||||
20 | reporting any
possible or alleged
misconduct to an Executive | ||||||
21 | Inspector General or the Executive Ethics
Commission
shall be | ||||||
22 | kept confidential and may not be disclosed
without the consent | ||||||
23 | of that individual, unless the individual consents to
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24 | disclosure of his or her name or disclosure of the individual's | ||||||
25 | identity is
otherwise required by law. The confidentiality |
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1 | granted by this subsection does
not preclude the disclosure of | ||||||
2 | the identity of a person in any capacity other
than as the | ||||||
3 | source of an allegation.
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4 | (b) Subject to the provisions of Section 20-52, | ||||||
5 | commissioners, employees,
and agents of the Executive Ethics | ||||||
6 | Commission,
the Executive Inspectors General, and employees | ||||||
7 | and agents of each Office of
an
Executive Inspector General, | ||||||
8 | the Attorney General, and the employees and agents of the | ||||||
9 | office of the Attorney General , and the head and employees of a | ||||||
10 | State agency affected by or involved in an investigation shall | ||||||
11 | keep confidential and shall not disclose
information exempted | ||||||
12 | from disclosure under the Freedom of
Information Act or by this | ||||||
13 | Act, provided the identity of any individual providing | ||||||
14 | information or reporting any possible or alleged misconduct to | ||||||
15 | the Executive Inspector General for the Governor may be | ||||||
16 | disclosed to an Inspector General appointed or employed by a | ||||||
17 | Regional Transit Board in accordance with Section 75-10.
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18 | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .)
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19 | (5 ILCS 430/20-95)
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20 | Sec. 20-95. Exemptions.
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21 | (a) Documents generated by an ethics
officer under this | ||||||
22 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
23 | Freedom
of Information Act.
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24 | (b) Any allegations
and related documents
submitted to an | ||||||
25 | Executive Inspector General and any pleadings and
related |
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1 | documents brought before the Executive Ethics
Commission are | ||||||
2 | exempt from the provisions of the Freedom of
Information Act so | ||||||
3 | long as the Executive Ethics Commission
does not make a finding | ||||||
4 | of a violation of this Act.
If the Executive
Ethics Commission | ||||||
5 | finds that a violation has occurred, the
entire record of | ||||||
6 | proceedings before the Commission, the decision and
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7 | recommendation, and the response from the agency head or
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8 | ultimate jurisdictional authority to the Executive Ethics
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9 | Commission are not exempt from the provisions of the Freedom of
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10 | Information Act but information contained therein that is | ||||||
11 | otherwise exempt from
the
Freedom of Information Act must be | ||||||
12 | redacted before disclosure as provided in
the Freedom of | ||||||
13 | Information Act. A summary report released by the Executive | ||||||
14 | Ethics Commission under Section 20-52 is a public record, but | ||||||
15 | information redacted by the Executive Ethics Commission shall | ||||||
16 | not be part of the public record.
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17 | (c) Meetings of the Commission are exempt from the | ||||||
18 | provisions of the Open
Meetings Act.
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19 | (d) Unless otherwise provided in this Act, all | ||||||
20 | investigatory files , and
reports and requests for information | ||||||
21 | of or by the Office of an Executive Inspector General, other | ||||||
22 | than monthly
reports required under Section 20-85, are | ||||||
23 | confidential, are exempt from disclosure
under the Freedom of | ||||||
24 | Information Act, and shall not be divulged to
any person or | ||||||
25 | agency, except as necessary (i) to a law
enforcement
authority, | ||||||
26 | (ii) to the ultimate
jurisdictional authority, (iii) to the
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1 | Executive Ethics Commission, (iv) to another Inspector General | ||||||
2 | appointed
pursuant to this Act, or (v) to an Inspector General | ||||||
3 | appointed or employed by a Regional Transit Board in accordance | ||||||
4 | with Section 75-10 , or (vi) to the head of a State agency | ||||||
5 | affected by or involved in the investigation .
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6 | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .)".
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