Bill Text: IL HB2842 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena is void. Removes language providing that the Legislative Inspector General needs the advance approval of the Commission to issue subpoenas. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-02-23 - Added Co-Sponsor Rep. Dan Ugaste [HB2842 Detail]

Download: Illinois-2021-HB2842-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2842 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-52
5 ILCS 430/25-15
5 ILCS 430/25-20
5 ILCS 430/25-52
Amends the State Officials and Employees Ethics Act. Provides that the Legislate Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena. Provides that any existing rule, as of the effective date of the amendatory Act, requiring the Legislative Inspectors General to seek the Commission's advance approval before commencing any investigation or issuing a subpoena is void. Removes language providing that the Legislative Inspector General needs the advance approval of the Commission to issue subpoenas. Provides that within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head, the Executive and Legislative Ethics Commissions shall make available to the public the report and response or a redacted version of the report and response (currently, report required to be made public only if it resulted in a suspension of at least 3 days or termination of employment). Makes conforming changes. Effective immediately.
LRB102 10994 RJF 16326 b
A BILL FOR
HB2842 LRB102 10994 RJF 16326 b
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 Sections 20-52, 25-15, 25-20, and 25-52 as
follows:
(5 ILCS 430/20-52)
Sec. 20-52. Release of summary reports.
(a) Within 60 days after receipt of a summary report and
response from the ultimate jurisdictional authority or agency
head that resulted in a suspension of at least 3 days or
termination of employment, the Executive Ethics Commission
shall make available to the public the report and response or a
redacted version of the report and response. The Executive
Ethics Commission may 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.
(b) The Commission shall redact information in the summary
report that may reveal the identity of witnesses,
complainants, or informants or if the Commission determines it
is appropriate to protect the identity of a person before the
report is made public. The Commission may also redact any

HB2842 - 2 - LRB102 10994 RJF 16326 b
information it believes should not be made public. Prior to
publication, the Commission shall permit the respondents,
Inspector General, and Attorney General to review documents to
be made public and offer suggestions for redaction or provide
a response that shall be made public with the summary report.
(c) The Commission may withhold publication of the report
or response if the Executive Inspector General or Attorney
General certifies that releasing the report to the public will
interfere with an ongoing investigation.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission.
In addition to duties otherwise assigned by law, the
Legislative Ethics Commission shall have the following duties:
(1) To promulgate rules governing the performance of
its duties and the exercise of its powers and governing
the investigations of the Legislative Inspector General;
except that, the Legislative Ethics Commission shall adopt
no rule requiring the Legislative Inspector General to
seek the Commission's advance approval before commencing
any investigation authorized under this Article or issuing
a subpoena under this Article. Any existing rule, as of
the effective date of this amendatory Act of the 102nd
General Assembly, requiring the Legislative Inspector
General to seek the Commission's advance approval before

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commencing any investigation or issuing a subpoena is
void. The rules shall be available on the Commission's
website and any proposed changes to the rules must be made
available to the public on the Commission's website no
less than 7 days before the adoption of the changes. Any
person shall be given an opportunity to provide written or
oral testimony before the Commission in support of or
opposition to proposed rules.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the
receipt of pleadings filed by the Legislative Inspector
General and not upon its own prerogative, but may appoint
special Legislative Inspectors General as provided in
Section 25-21. Any other allegations of misconduct
received by the Commission from a person other than the
Legislative Inspector General shall be referred to the
Office of the Legislative Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make

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rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters
clearly within the purview of this Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and
the production of documents and other items for inspection
and copying.
(8) To appoint special Legislative Inspectors General
as provided in Section 25-21.
(9) To conspicuously display on the Commission's
website the procedures for reporting a violation of this
Act, including how to report violations via email or
online.
(10) To conspicuously display on the Commission's
website any vacancies within the Office of the Legislative
Inspector General.
(11) To appoint an Acting Legislative Inspector
General in the event of a vacancy in the Office of the
Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
(5 ILCS 430/25-20)

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Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. Except as otherwise provided in
paragraph (1.5), 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 Legislative Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.
(1.5) Notwithstanding any provision of law to the
contrary, the Legislative Inspector General, whether
appointed by the Legislative Ethics Commission or the
General Assembly, may initiate an investigation based on
information provided to the Office of the Legislative
Inspector General or the Legislative Ethics Commission
during the period from December 1, 2014 through November
3, 2017. Any investigation initiated under this paragraph
(1.5) must be initiated within one year after the
effective date of this amendatory Act of the 100th General

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Assembly.
Notwithstanding any provision of law to the contrary,
the Legislative Inspector General, through the Attorney
General, shall have the authority to file a complaint
related to any founded violations that occurred during the
period December 1, 2014 through November 3, 2017 to the
Legislative Ethics Commission, and the Commission shall
have jurisdiction to conduct administrative hearings
related to any pleadings filed by the Legislative
Inspector General, provided the complaint is filed with
the Commission no later than 6 months after the summary
report is provided to the Attorney General in accordance
with subsection (c) of Section 25-50.
(2) To request information relating to an
investigation from any person when the Legislative
Inspector General deems that information necessary in
conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, 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 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative Ethics Commission,

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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 Legislative
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 Legislative 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 establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations 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.
(10) To post information to the Legislative Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the
Legislative Inspector General's ability to provide
information to them and a general overview of the
investigation process.

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(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
(5 ILCS 430/25-52)
Sec. 25-52. Release of summary reports.
(a) Within 60 days after receipt of a summary report and
response from the ultimate jurisdictional authority or agency
head that resulted in a suspension of at least 3 days or
termination of employment, the Legislative Ethics Commission
shall make available to the public the report and response or a
redacted version of the report and response. The Legislative
Ethics Commission may 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.
(b) The Legislative Ethics Commission shall redact
information in the summary report that may reveal the identity
of witnesses, complainants, or informants or if the Commission
determines it is appropriate to protect the identity of a
person before publication. The Commission may also redact any
information it believes should not be made public. Prior to
publication, the Commission shall permit the respondents,
Legislative Inspector General, and Attorney General to review
documents to be made public and offer suggestions for
redaction or provide a response that shall be made public with
the summary report.
(c) The Legislative Ethics Commission may withhold

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publication of the report or response if the Legislative
Inspector General or Attorney General certifies that
publication will interfere with an ongoing investigation.
(Source: P.A. 96-555, eff. 8-18-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.