Bill Text: IL HB4840 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the State Officials and Employees Ethics Act. Provides for specified rights of complainants under the Act. Defines terms. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 16-2)
Status: (Introduced - Dead) 2018-04-19 - Added Co-Sponsor Rep. Michael P. McAuliffe [HB4840 Detail]
Download: Illinois-2017-HB4840-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 1-5 and by adding Section 5-70 as | |||||||||||||||||||||
6 | follows:
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7 | (5 ILCS 430/1-5)
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8 | Sec. 1-5. Definitions. As used in this Act:
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9 | "Appointee" means a person appointed to a position in or | |||||||||||||||||||||
10 | with a State
agency, regardless of whether the position is | |||||||||||||||||||||
11 | compensated.
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12 | "Board members of Regional Transit Boards" means any person | |||||||||||||||||||||
13 | appointed to serve on the governing board of a Regional Transit | |||||||||||||||||||||
14 | Board. | |||||||||||||||||||||
15 | "Campaign for elective office" means any activity in | |||||||||||||||||||||
16 | furtherance of an
effort to influence the selection, | |||||||||||||||||||||
17 | nomination, election, or appointment of any
individual to any | |||||||||||||||||||||
18 | federal, State, or local public office or office in a
political | |||||||||||||||||||||
19 | organization, or the selection, nomination, or election
of | |||||||||||||||||||||
20 | Presidential or Vice-Presidential electors,
but does not | |||||||||||||||||||||
21 | include
activities (i) relating to the support or opposition of | |||||||||||||||||||||
22 | any executive,
legislative, or administrative action (as those | |||||||||||||||||||||
23 | terms are defined in Section 2
of the Lobbyist Registration |
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1 | Act), (ii) relating to collective bargaining, or
(iii) that are | ||||||
2 | otherwise in furtherance of the person's official State duties.
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3 | "Candidate" means a person who has
filed nominating papers | ||||||
4 | or petitions for nomination or election to an elected
State | ||||||
5 | office, or who has been appointed to fill a vacancy in | ||||||
6 | nomination, and
who remains eligible for placement on the | ||||||
7 | ballot at either a
general primary election or general | ||||||
8 | election.
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9 | "Collective bargaining" has the same meaning as that term | ||||||
10 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
11 | Act.
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12 | "Commission" means an ethics commission created by this | ||||||
13 | Act.
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14 | "Compensated time" means any time worked by or credited to | ||||||
15 | a State employee
that counts
toward any minimum work time | ||||||
16 | requirement imposed as a condition of employment
with a State | ||||||
17 | agency, but does not include any designated State holidays or | ||||||
18 | any
period when the employee is on a
leave of absence.
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19 | "Compensatory time off" means authorized time off earned by | ||||||
20 | or awarded to a
State employee to compensate in whole or in | ||||||
21 | part for time worked in excess of
the minimum work time | ||||||
22 | required
of that employee as a condition of employment with a | ||||||
23 | State agency.
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24 | "Complainant" means a person who makes a complaint with the | ||||||
25 | Office of an Inspector General against any officer of the State | ||||||
26 | or State employee alleging violations of any laws, policies, |
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1 | procedures, or rules established under this Act. | ||||||
2 | "Contribution" has the same meaning as that term is defined | ||||||
3 | in Section 9-1.4
of the Election Code.
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4 | "Employee" means (i) any person employed full-time, | ||||||
5 | part-time, or
pursuant to a contract and whose employment | ||||||
6 | duties are subject to the direction
and
control of an employer | ||||||
7 | with regard to the material details of how the work is
to be | ||||||
8 | performed or (ii) any appointed or elected commissioner, | ||||||
9 | trustee, director, or board member of a board of a State | ||||||
10 | agency, including any retirement system or investment board | ||||||
11 | subject to the Illinois Pension Code or (iii) any other | ||||||
12 | appointee.
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13 | "Employment benefits" include but are not limited to the | ||||||
14 | following: modified compensation or benefit terms; compensated | ||||||
15 | time off; or change of title, job duties, or location of office | ||||||
16 | or employment. An employment benefit may also include favorable | ||||||
17 | treatment in determining whether to bring any disciplinary or | ||||||
18 | similar action or favorable treatment during the course of any | ||||||
19 | disciplinary or similar action or other performance review. | ||||||
20 | "Executive branch constitutional officer" means the | ||||||
21 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
22 | State, Comptroller, and Treasurer.
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23 | "Gift" means any gratuity, discount, entertainment, | ||||||
24 | hospitality, loan,
forbearance, or other tangible or | ||||||
25 | intangible item having monetary value
including, but not
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26 | limited to, cash, food and drink, and honoraria for speaking |
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1 | engagements
related to or attributable to government | ||||||
2 | employment or the official position of
an
employee, member, or | ||||||
3 | officer.
The value of a gift may be further defined by rules | ||||||
4 | adopted by the appropriate ethics commission or by the Auditor | ||||||
5 | General for the Auditor General and for employees of the office | ||||||
6 | of the Auditor General.
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7 | "Governmental entity" means a unit of local government | ||||||
8 | (including a community college district) or a school
district | ||||||
9 | but not a State
agency or a Regional Transit Board.
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10 | "Inspector General" means an Executive Inspector General, | ||||||
11 | the Legislative Inspector General, or any other inspector | ||||||
12 | general created and authorized under this Act. | ||||||
13 | "Leave of absence" means any period during which a State | ||||||
14 | employee does not
receive (i) compensation for State | ||||||
15 | employment, (ii) service credit towards
State pension | ||||||
16 | benefits, and (iii) health insurance benefits paid for by the
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17 | State.
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18 | "Legislative branch constitutional officer" means a member | ||||||
19 | of the General
Assembly and the Auditor General.
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20 | "Legislative leader" means the President and Minority | ||||||
21 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
22 | House of Representatives.
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23 | "Member" means a member of the General Assembly.
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24 | "Officer" means an executive branch constitutional officer
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25 | or a
legislative branch constitutional officer.
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26 | "Political" means any activity in support
of or in |
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1 | connection with any campaign for elective office or any | ||||||
2 | political
organization, but does not include activities (i) | ||||||
3 | relating to the support or
opposition of any executive, | ||||||
4 | legislative, or administrative action (as those
terms are | ||||||
5 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
6 | relating
to collective bargaining, or (iii) that are
otherwise
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7 | in furtherance of the person's official
State duties or | ||||||
8 | governmental and public service functions.
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9 | "Political organization" means a party, committee, | ||||||
10 | association, fund, or
other organization (whether or not | ||||||
11 | incorporated) that is required to file a
statement of | ||||||
12 | organization with the State Board of Elections or a county | ||||||
13 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
14 | regard to those
activities that require filing with the State | ||||||
15 | Board of Elections or a county
clerk.
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16 | "Prohibited political activity" means:
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17 | (1) Preparing for, organizing, or participating in any
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18 | political meeting, political rally, political | ||||||
19 | demonstration, or other political
event.
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20 | (2) Soliciting contributions, including but not | ||||||
21 | limited to the purchase
of, selling, distributing, or | ||||||
22 | receiving
payment for tickets for any political | ||||||
23 | fundraiser,
political meeting, or other political event.
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24 | (3) Soliciting, planning the solicitation of, or | ||||||
25 | preparing any document or
report regarding any thing of | ||||||
26 | value intended as a campaign contribution.
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1 | (4) Planning, conducting, or participating in a public | ||||||
2 | opinion
poll in connection with a campaign for elective | ||||||
3 | office or on behalf of a
political organization for | ||||||
4 | political purposes or for or against any referendum
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5 | question.
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6 | (5) Surveying or gathering information from potential | ||||||
7 | or actual
voters in an election to determine probable vote | ||||||
8 | outcome in connection with a
campaign for elective office | ||||||
9 | or on behalf of a political organization for
political | ||||||
10 | purposes or for or against any referendum question.
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11 | (6) Assisting at the polls on election day on behalf of | ||||||
12 | any
political organization or candidate for elective | ||||||
13 | office or for or against any
referendum
question.
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14 | (7) Soliciting votes on behalf of a candidate for | ||||||
15 | elective office or a
political organization or for or | ||||||
16 | against any referendum question or helping in
an effort to | ||||||
17 | get voters
to the polls.
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18 | (8) Initiating for circulation, preparing, | ||||||
19 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
20 | a candidate for elective office or for or against any | ||||||
21 | referendum
question.
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22 | (9) Making contributions on behalf
of any candidate for | ||||||
23 | elective office in that capacity or in connection with a
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24 | campaign for elective office.
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25 | (10) Preparing or reviewing responses to candidate | ||||||
26 | questionnaires in
connection with a campaign for elective |
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1 | office or on behalf of a political
organization for | ||||||
2 | political purposes.
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3 | (11) Distributing, preparing for distribution, or | ||||||
4 | mailing campaign
literature, campaign signs, or other | ||||||
5 | campaign material on behalf of any
candidate for elective | ||||||
6 | office or for or against any referendum question.
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7 | (12) Campaigning for any elective
office or for or | ||||||
8 | against any referendum question.
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9 | (13) Managing or working on a campaign for elective
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10 | office or for or against any referendum question.
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11 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
12 | political
party convention.
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13 | (15) Participating in any recount or challenge to the | ||||||
14 | outcome of
any election, except to the extent that under | ||||||
15 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
16 | Constitution each house of the General
Assembly shall judge | ||||||
17 | the elections, returns, and qualifications of its members.
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18 | "Prohibited source" means any person or entity who:
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19 | (1) is seeking official action (i) by the
member or | ||||||
20 | officer or (ii) in the case of an employee, by
the employee
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21 | or by the
member, officer, State agency, or other employee | ||||||
22 | directing the
employee;
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23 | (2) does business or seeks to do business (i) with the
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24 | member or officer or (ii) in the case of an employee,
with | ||||||
25 | the
employee or with the member, officer, State agency, or | ||||||
26 | other
employee directing the
employee;
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1 | (3) conducts activities regulated (i) by the
member or | ||||||
2 | officer or (ii) in the case of an employee, by
the employee | ||||||
3 | or by the member, officer, State agency, or
other employee | ||||||
4 | directing the employee;
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5 | (4) has interests that may be substantially affected by | ||||||
6 | the performance or
non-performance of the official duties | ||||||
7 | of the member, officer, or
employee;
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8 | (5) is registered or required to be registered with the | ||||||
9 | Secretary of State
under the Lobbyist Registration Act, | ||||||
10 | except that an entity not otherwise a
prohibited source | ||||||
11 | does not become a prohibited source merely because a
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12 | registered lobbyist is one of its members or serves on its | ||||||
13 | board of
directors; or | ||||||
14 | (6) is an agent of, a spouse of, or an immediate family | ||||||
15 | member who is living with a "prohibited source".
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16 | "Regional Transit Boards" means (i) the Regional | ||||||
17 | Transportation Authority created by the Regional | ||||||
18 | Transportation Authority Act, (ii) the Suburban Bus Division | ||||||
19 | created by the Regional Transportation Authority Act, (iii) the | ||||||
20 | Commuter Rail Division created by the Regional Transportation | ||||||
21 | Authority Act, and (iv) the Chicago Transit Authority created | ||||||
22 | by the Metropolitan Transit Authority Act. | ||||||
23 | "State agency" includes all officers, boards, commissions | ||||||
24 | and agencies
created by the Constitution, whether in the | ||||||
25 | executive or legislative
branch; all officers,
departments, | ||||||
26 | boards, commissions, agencies, institutions, authorities,
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1 | public institutions of higher learning as defined in Section 2 | ||||||
2 | of the Higher
Education
Cooperation Act (except community | ||||||
3 | colleges), and bodies politic and corporate of the State; and
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4 | administrative
units or corporate outgrowths of the State | ||||||
5 | government which are created by
or pursuant to statute, other | ||||||
6 | than units of local government (including community college | ||||||
7 | districts) and their
officers, school districts, and boards of | ||||||
8 | election commissioners; and all
administrative units and | ||||||
9 | corporate outgrowths of the above and as may be
created by | ||||||
10 | executive order of the Governor. "State agency" includes the | ||||||
11 | General
Assembly, the Senate, the House of Representatives, the | ||||||
12 | President and Minority
Leader of the Senate, the Speaker and | ||||||
13 | Minority Leader of the House of
Representatives, the Senate | ||||||
14 | Operations Commission, and the legislative support
services | ||||||
15 | agencies. "State agency" includes the Office
of the Auditor | ||||||
16 | General. "State agency" does not include the judicial branch.
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17 | "State employee" means any employee of a State agency.
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18 | "Ultimate jurisdictional
authority" means the following:
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19 | (1) For members, legislative partisan staff, and | ||||||
20 | legislative secretaries,
the appropriate
legislative | ||||||
21 | leader: President of the
Senate, Minority Leader of the | ||||||
22 | Senate, Speaker of the House of Representatives,
or | ||||||
23 | Minority Leader of the House of Representatives.
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24 | (2) For State employees who are professional staff or | ||||||
25 | employees of the
Senate and not covered under item (1), the | ||||||
26 | Senate Operations Commission.
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1 | (3) For State employees who are professional staff or | ||||||
2 | employees of the
House of Representatives and not covered | ||||||
3 | under item (1), the Speaker of the
House of | ||||||
4 | Representatives.
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5 | (4) For State employees who are employees of the | ||||||
6 | legislative support
services agencies, the Joint Committee | ||||||
7 | on Legislative Support Services.
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8 | (5) For State employees of the Auditor General, the | ||||||
9 | Auditor General.
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10 | (6) For State employees of public institutions of | ||||||
11 | higher learning as
defined in Section 2 of the Higher | ||||||
12 | Education Cooperation Act (except community colleges), the | ||||||
13 | board of
trustees of the appropriate public institution of | ||||||
14 | higher learning.
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15 | (7) For State employees of an executive branch | ||||||
16 | constitutional officer
other than those described in | ||||||
17 | paragraph (6), the
appropriate executive branch | ||||||
18 | constitutional officer.
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19 | (8) For State employees not under the jurisdiction of | ||||||
20 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
21 | Governor.
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22 | (9) For employees of Regional Transit Boards, the | ||||||
23 | appropriate Regional Transit Board.
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24 | (10) For board members of Regional Transit Boards, the | ||||||
25 | Governor. | ||||||
26 | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528, |
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1 | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
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2 | (5 ILCS 430/5-70 new) | ||||||
3 | Sec. 5-70. Rights of complainants. Each complainant under | ||||||
4 | this Act has a right to the following: | ||||||
5 | (1) to be notified of the complainant's rights and | ||||||
6 | receive an explanation of the process, rules, and | ||||||
7 | procedures related to the complainant's rights, including, | ||||||
8 | but not limited to, the duties of the Inspector General and | ||||||
9 | the appropriate Ethics Commission within 48 hours of filing | ||||||
10 | a complaint with the Inspector General; | ||||||
11 | (2) to be notified of the receipt of his or her | ||||||
12 | complaint by the Inspector General, notice must be provided | ||||||
13 | within 48 hours for sexual harassment complaints, and no | ||||||
14 | later than 30 days for all other complaints; | ||||||
15 | (3) to be informed of the decision made and actions | ||||||
16 | taken by the Inspector General as to whether the complaint | ||||||
17 | warrants an investigation or referral, information must be | ||||||
18 | provided within 48 hours for sexual harassment complaints, | ||||||
19 | and no later than 30 days for all other complaints; | ||||||
20 | (4) to have an attorney or support person of the | ||||||
21 | complainant's choice, and at the complainant's expense, | ||||||
22 | present at any and all interviews or meetings, whether in | ||||||
23 | person or by any other form of communication, that is | ||||||
24 | arranged either by the complainant or the Inspector | ||||||
25 | General; |
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1 | (5) to receive the Inspector General's summary of the | ||||||
2 | information provided to the Inspector General, including | ||||||
3 | any and all statements and evidence provided to the | ||||||
4 | Inspector General by the complainant, for the | ||||||
5 | complainant's review and for the complainant to make any | ||||||
6 | necessary corrections to the summary or provide additional | ||||||
7 | content for inclusion in the Inspector General's summary of | ||||||
8 | the complainant's statements and evidence; | ||||||
9 | (6) to submit a victim impact statement that shall be | ||||||
10 | included in the Inspector General's summary report to the | ||||||
11 | appropriate Ethics Commission for its consideration in | ||||||
12 | determining an appropriate outcome; | ||||||
13 | (7) to testify and be heard at a hearing on the | ||||||
14 | complaint; | ||||||
15 | (8) to attend a hearing on the complaint with an | ||||||
16 | attorney or other support person of the complainant's | ||||||
17 | choice, and at the complainant's expense; | ||||||
18 | (9) to receive a report of the Inspector General's | ||||||
19 | findings and recommendations of the Inspector General's | ||||||
20 | investigation of the complaint within 7 days after the | ||||||
21 | appropriate Ethics Commission's receipt of the Inspector | ||||||
22 | General's findings and recommendations. | ||||||
23 | (10) a report of the appropriate Ethics Commission's | ||||||
24 | decision to determine the outcome of the complaint within 7 | ||||||
25 | days of the final decision; and | ||||||
26 | (11) to file a complaint with the Inspector General for |
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1 | any violation of the complainant's rights under this | ||||||
2 | Section that is subject to the fines and penalties | ||||||
3 | established under this Act.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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