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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3676 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
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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 |
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| | HB3676 | | LRB099 05688 JLK 25731 b |
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| 1 | | AN ACT concerning State 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 20-95 as follows:
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| 6 | | (5 ILCS 430/20-95)
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| 7 | | Sec. 20-95. Exemptions.
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| 8 | | (a) Documents generated by an ethics
officer under this |
| 9 | | Act, except Section 5-50, are exempt from the provisions of
the |
| 10 | | Freedom
of Information Act.
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| 11 | | (b) Any allegations
and related documents
submitted to an |
| 12 | | Executive Inspector General and any pleadings and
related |
| 13 | | documents brought before the Executive Ethics
Commission are |
| 14 | | exempt from the provisions of the Freedom of
Information Act so |
| 15 | | long as the Executive Ethics Commission
does not make a finding |
| 16 | | of a violation of this Act.
If the Executive
Ethics Commission |
| 17 | | finds that a violation has occurred, the
entire record of |
| 18 | | proceedings before the Commission, the decision and
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| 19 | | recommendation, and the response from the agency head or
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| 20 | | ultimate jurisdictional authority to the Executive Ethics
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| 21 | | Commission are not exempt from the provisions of the Freedom of
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| 22 | | Information Act but information contained therein that is |
| 23 | | otherwise exempt from
the
Freedom of Information Act must be |
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| | HB3676 | - 2 - | LRB099 05688 JLK 25731 b |
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| 1 | | redacted before disclosure as provided in
the Freedom of |
| 2 | | Information Act. A summary report released by the Executive |
| 3 | | Ethics Commission under Section 20-52 is a public record, but |
| 4 | | information redacted by the Executive Ethics Commission shall |
| 5 | | not be part of the public record.
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| 6 | | (c) Meetings of the Commission are exempt from the |
| 7 | | provisions of the Open
Meetings Act.
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| 8 | | (d) Unless otherwise provided in this Act, all |
| 9 | | investigatory files and
reports of the Office of an Executive |
| 10 | | Inspector General, other than monthly
reports required under |
| 11 | | Section 20-85, are confidential, are exempt from disclosure
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| 12 | | under the Freedom of Information Act, and shall not be divulged |
| 13 | | to
any person or agency, except as necessary (i) to a law
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| 14 | | enforcement
authority, (ii) to the ultimate
jurisdictional |
| 15 | | authority, (iii) to the
Executive Ethics Commission, (iv) to |
| 16 | | another Inspector General appointed
pursuant to this Act, or |
| 17 | | (v) to an Inspector General appointed or employed by a Regional |
| 18 | | Transit Board in accordance with Section 75-10, or (vi) to the |
| 19 | | head of the State agency affected by or involved in the |
| 20 | | investigation when an Executive Inspector General determines |
| 21 | | that it involves a risk to public safety or is in the best |
| 22 | | interest of the State.
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| 23 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
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| 24 | | Section 99. Effective date. This Act takes effect January |
| 25 | | 1, 2016.
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