Bill Text: IL HB4245 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4245 Detail]
Download: Illinois-2017-HB4245-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | |||||||||||||||||||
5 | amended by changing Section 20-20 as follows:
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6 | (5 ILCS 430/20-20)
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7 | Sec. 20-20. Duties of the Executive Inspectors
General. In | |||||||||||||||||||
8 | addition to duties otherwise assigned by law,
each Executive | |||||||||||||||||||
9 | Inspector General shall have the following duties:
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10 | (1) To receive and investigate allegations of | |||||||||||||||||||
11 | violations of this
Act. An investigation may not be | |||||||||||||||||||
12 | initiated
more than one year after the most recent act of | |||||||||||||||||||
13 | the alleged violation or of a
series of alleged violations | |||||||||||||||||||
14 | except where there is reasonable cause to believe
that | |||||||||||||||||||
15 | fraudulent concealment has occurred. To constitute | |||||||||||||||||||
16 | fraudulent concealment
sufficient to toll this limitations | |||||||||||||||||||
17 | period, there must be an affirmative act or
representation | |||||||||||||||||||
18 | calculated to prevent discovery of the fact that a | |||||||||||||||||||
19 | violation has
occurred. The
Executive Inspector General | |||||||||||||||||||
20 | shall have the discretion to determine the
appropriate | |||||||||||||||||||
21 | means of investigation as permitted by law.
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22 | (2) To request information relating to an | |||||||||||||||||||
23 | investigation from any
person when the Executive Inspector |
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1 | General deems that information necessary in
conducting an | ||||||
2 | investigation.
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3 | (3) To issue subpoenas
to compel the attendance of | ||||||
4 | witnesses for the
purposes of testimony and production of | ||||||
5 | documents and other items for
inspection and copying and to | ||||||
6 | make service of those subpoenas and subpoenas
issued under | ||||||
7 | item (7) of Section 20-15.
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8 | (4) To submit reports as required by this Act.
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9 | (5) To file
pleadings in the name of
the Executive | ||||||
10 | Inspector General with the Executive Ethics
Commission, | ||||||
11 | through the Attorney General, as provided in this Article | ||||||
12 | if the
Attorney General finds that reasonable cause exists | ||||||
13 | to believe that a violation
has
occurred.
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14 | (6) To assist and coordinate the ethics officers
for | ||||||
15 | State agencies under the jurisdiction of the
Executive | ||||||
16 | Inspector General and to work with those ethics officers.
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17 | (7) To participate in or conduct, when appropriate, | ||||||
18 | multi-jurisdictional
investigations.
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19 | (8) To request, as the Executive Inspector General | ||||||
20 | deems appropriate, from
ethics officers
of State agencies | ||||||
21 | under his or her jurisdiction, reports or information
on | ||||||
22 | (i) the content of a State agency's ethics
training program | ||||||
23 | and (ii) the percentage of new officers and
employees who | ||||||
24 | have completed ethics training.
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25 | (9) To review hiring and employment files of each State | ||||||
26 | agency within the Executive Inspector General's |
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1 | jurisdiction to ensure compliance with Rutan v. Republican | ||||||
2 | Party of Illinois, 497 U.S. 62 (1990), and with all | ||||||
3 | applicable employment laws. | ||||||
4 | (10) To establish a policy that ensures the appropriate | ||||||
5 | handling and correct recording of all investigations | ||||||
6 | conducted by the Office, and to ensure that the policy is | ||||||
7 | accessible via the Internet in order that those seeking to | ||||||
8 | report those allegations are familiar with the process and | ||||||
9 | that the subjects of those allegations are treated fairly. | ||||||
10 | (11) To establish and maintain an Internet website to | ||||||
11 | which all residents of Illinois shall have free access. In | ||||||
12 | addition to any other information required by law or | ||||||
13 | information the Executive Inspector General deems | ||||||
14 | necessary and appropriate, the website shall also contain a | ||||||
15 | prominent statement of notification to the public that | ||||||
16 | shall read as follows: | ||||||
17 | "NOTICE TO THE PUBLIC | ||||||
18 | The Office of the Executive Inspector General | ||||||
19 | appointed by [name of elected/appointed official] is an | ||||||
20 | independent office. The Office receives a separate | ||||||
21 | appropriation from the General Assembly and operates this | ||||||
22 | independent website. Findings published on this website | ||||||
23 | are independent findings based upon facts analyzed by this | ||||||
24 | Office.". | ||||||
25 | (12) To immediately disclose all detailed findings | ||||||
26 | resulting from investigations under this Act, except that |
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1 | details need not be disclosed if confidentiality is | ||||||
2 | requested by law enforcement. The disclosure of findings | ||||||
3 | required under this paragraph (12) shall be posted on the | ||||||
4 | Internet website of the disclosing Executive Inspector | ||||||
5 | General, and may be posted in any other medium at the | ||||||
6 | discretion of that Executive Inspector General. | ||||||
7 | (Source: P.A. 96-555, eff. 8-18-09.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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