99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3676

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-95

    Amends the State Officials and Employees Ethics Act. Provides that investigatory files and reports of the Office of an Executive Inspector General may be divulged to the head of the State agency affected by or involved in the investigation when an Executive Inspector General determines that it involves a risk to public safety or is in the best interest of the State. Effective January 1, 2016.


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A BILL FOR

 

HB3676LRB099 05688 JLK 25731 b

1    AN ACT concerning State 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 20-95 as follows:
 
6    (5 ILCS 430/20-95)
7    Sec. 20-95. Exemptions.
8    (a) Documents generated by an ethics officer under this
9Act, except Section 5-50, are exempt from the provisions of the
10Freedom of Information Act.
11    (b) Any allegations and related documents submitted to an
12Executive Inspector General and any pleadings and related
13documents brought before the Executive Ethics Commission are
14exempt from the provisions of the Freedom of Information Act so
15long as the Executive Ethics Commission does not make a finding
16of a violation of this Act. If the Executive Ethics Commission
17finds that a violation has occurred, the entire record of
18proceedings before the Commission, the decision and
19recommendation, and the response from the agency head or
20ultimate jurisdictional authority to the Executive Ethics
21Commission are not exempt from the provisions of the Freedom of
22Information Act but information contained therein that is
23otherwise exempt from the Freedom of Information Act must be

 

 

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1redacted before disclosure as provided in the Freedom of
2Information Act. A summary report released by the Executive
3Ethics Commission under Section 20-52 is a public record, but
4information redacted by the Executive Ethics Commission shall
5not be part of the public record.
6    (c) Meetings of the Commission are exempt from the
7provisions of the Open Meetings Act.
8    (d) Unless otherwise provided in this Act, all
9investigatory files and reports of the Office of an Executive
10Inspector General, other than monthly reports required under
11Section 20-85, are confidential, are exempt from disclosure
12under the Freedom of Information Act, and shall not be divulged
13to any person or agency, except as necessary (i) to a law
14enforcement authority, (ii) to the ultimate jurisdictional
15authority, (iii) to the Executive Ethics Commission, (iv) to
16another Inspector General appointed pursuant to this Act, or
17(v) to an Inspector General appointed or employed by a Regional
18Transit Board in accordance with Section 75-10, or (vi) to the
19head of the State agency affected by or involved in the
20investigation when an Executive Inspector General determines
21that it involves a risk to public safety or is in the best
22interest of the State.
23(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
24    Section 99. Effective date. This Act takes effect January
251, 2016.