99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2414

 

Introduced 2/3/2016, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
205 ILCS 5/48.3  from Ch. 17, par. 360.2
205 ILCS 205/9012  from Ch. 17, par. 7309-12
205 ILCS 305/9.1

    Amends the Illinois Banking Act and the Savings Bank Act. Replaces "Commissioner" with "Secretary" in provisions related to the disclosure of information in order to update references to the Secretary of Financial and Professional Regulation. Allows the Secretary to provide confidential supervisory information to the Federal Home Loan Bank of Chicago under certain circumstances. Amends the Illinois Credit Union Act. Includes the Federal Home Loan Bank of the Federal Home Loan Bank System district in which the credit union is located as an entity that confidential supervisory information may be disclosed to by the Secretary if it has a legitimate regulatory interest. Effective immediately.


LRB099 16307 SMS 40638 b

 

 

A BILL FOR

 

SB2414LRB099 16307 SMS 40638 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Banking Act is amended by changing
5Section 48.3 as follows:
 
6    (205 ILCS 5/48.3)  (from Ch. 17, par. 360.2)
7    Sec. 48.3. Disclosure of reports of examinations and
8confidential supervisory information; limitations.
9    (a) Any report of examination, visitation, or
10investigation prepared by the Secretary Commissioner under
11this Act, the Electronic Fund Transfer Act, the Corporate
12Fiduciary Act, the Illinois Bank Holding Company Act of 1957,
13and the Foreign Banking Office Act, any report of examination,
14visitation, or investigation prepared by the state regulatory
15authority of another state that examines a branch of an
16Illinois State bank in that state, any document or record
17prepared or obtained in connection with or relating to any
18examination, visitation, or investigation, and any record
19prepared or obtained by the Secretary Commissioner to the
20extent that the record summarizes or contains information
21derived from any report, document, or record described in this
22subsection shall be deemed "confidential supervisory
23information". Confidential supervisory information shall not

 

 

SB2414- 2 -LRB099 16307 SMS 40638 b

1include any information or record routinely prepared by a bank
2or other financial institution and maintained in the ordinary
3course of business or any information or record that is
4required to be made publicly available pursuant to State or
5federal law or rule. Confidential supervisory information
6shall be the property of the Secretary Commissioner and shall
7only be disclosed under the circumstances and for the purposes
8set forth in this Section.
9     The Secretary Commissioner may disclose confidential
10supervisory information only under the following
11circumstances:
12        (1) The Secretary Commissioner may furnish
13    confidential supervisory information to the Board of
14    Governors of the Federal Reserve System, the federal
15    reserve bank of the federal reserve district in which the
16    State bank is located or in which the parent or other
17    affiliate of the State bank is located, any official or
18    examiner thereof duly accredited for the purpose, or any
19    other state regulator, federal regulator, or in the case of
20    a foreign bank possessing a certificate of authority
21    pursuant to the Foreign Banking Office Act or a license
22    pursuant to the Foreign Bank Representative Office Act, the
23    bank regulator in the country where the foreign bank is
24    chartered, that the Secretary Commissioner determines to
25    have an appropriate regulatory interest. Nothing contained
26    in this Act shall be construed to limit the obligation of

 

 

SB2414- 3 -LRB099 16307 SMS 40638 b

1    any member State bank to comply with the requirements
2    relative to examinations and reports of the Federal Reserve
3    Act and of the Board of Governors of the Federal Reserve
4    System or the federal reserve bank of the federal reserve
5    district in which the bank is located, nor to limit in any
6    way the powers of the Secretary Commissioner with reference
7    to examinations and reports.
8        (2) The Secretary Commissioner may furnish
9    confidential supervisory information to the United States,
10    any agency thereof that has insured a bank's deposits in
11    whole or in part, or any official or examiner thereof duly
12    accredited for the purpose. Nothing contained in this Act
13    shall be construed to limit the obligation relative to
14    examinations and reports of any State bank, deposits in
15    which are to any extent insured by the United States, any
16    agency thereof, nor to limit in any way the powers of the
17    Secretary Commissioner with reference to examination and
18    reports of such bank.
19        (2.5) The Secretary may furnish confidential
20    supervisory information to the Federal Home Loan Bank of
21    Chicago in connection with any application by the bank
22    before the Federal Home Loan Bank of Chicago or in
23    connection with any bank that is a member of the Federal
24    Loan Bank of Chicago if the Secretary determines the
25    Federal Home Loan Bank of Chicago has a legitimate interest
26    in the confidential supervisory information. The

 

 

SB2414- 4 -LRB099 16307 SMS 40638 b

1    confidential supervisory information shall remain the
2    property of the Secretary and may not be further disclosed
3    without the Secretary's permission.
4        (3) The Secretary Commissioner may furnish
5    confidential supervisory information to the appropriate
6    law enforcement authorities when the Secretary
7    Commissioner reasonably believes a bank, which the
8    Secretary Commissioner has caused to be examined, has been
9    a victim of a crime.
10        (4) The Secretary Commissioner may furnish
11    confidential supervisory information relating to a bank or
12    other financial institution, which the Secretary
13    Commissioner has caused to be examined, to be sent to the
14    administrator of the Uniform Disposition of Unclaimed
15    Property Act.
16        (5) The Secretary Commissioner may furnish
17    confidential supervisory information relating to a bank or
18    other financial institution, which the Secretary
19    Commissioner has caused to be examined, relating to its
20    performance of obligations under the Illinois Income Tax
21    Act and the Illinois Estate and Generation-Skipping
22    Transfer Tax Act to the Illinois Department of Revenue.
23        (6) The Secretary Commissioner may furnish
24    confidential supervisory information relating to a bank or
25    other financial institution, which the Secretary
26    Commissioner has caused to be examined, under the federal

 

 

SB2414- 5 -LRB099 16307 SMS 40638 b

1    Currency and Foreign Transactions Reporting Act, Title 31,
2    United States Code, Section 1051 et seq.
3        (6.5) The Secretary Commissioner may furnish
4    confidential supervisory information to any other agency
5    or entity that the Secretary Commissioner determines to
6    have a legitimate regulatory interest.
7        (7) The Secretary Commissioner may furnish
8    confidential supervisory information under any other
9    statute that by its terms or by regulations promulgated
10    thereunder requires the disclosure of financial records
11    other than by subpoena, summons, warrant, or court order.
12        (8) At the request of the affected bank or other
13    financial institution, the Secretary Commissioner may
14    furnish confidential supervisory information relating to a
15    bank or other financial institution, which the Secretary
16    Commissioner has caused to be examined, in connection with
17    the obtaining of insurance coverage or the pursuit of an
18    insurance claim for or on behalf of the bank or other
19    financial institution; provided that, when possible, the
20    Secretary Commissioner shall disclose only relevant
21    information while maintaining the confidentiality of
22    financial records not relevant to such insurance coverage
23    or claim and, when appropriate, may delete identifying data
24    relating to any person or individual.
25        (9) The Secretary Commissioner may furnish a copy of a
26    report of any examination performed by the Secretary

 

 

SB2414- 6 -LRB099 16307 SMS 40638 b

1    Commissioner of the condition and affairs of any electronic
2    data processing entity to the banks serviced by the
3    electronic data processing entity.
4        (10) In addition to the foregoing circumstances, the
5    Secretary Commissioner may, but is not required to, furnish
6    confidential supervisory information under the same
7    circumstances authorized for the bank or financial
8    institution pursuant to subsection (b) of this Section,
9    except that the Secretary Commissioner shall provide
10    confidential supervisory information under circumstances
11    described in paragraph (3) of subsection (b) of this
12    Section only upon the request of the bank or other
13    financial institution.
14    (b) A bank or other financial institution or its officers,
15agents, and employees may disclose confidential supervisory
16information only under the following circumstances:
17        (1) to the board of directors of the bank or other
18    financial institution, as well as the president,
19    vice-president, cashier, and other officers of the bank or
20    other financial institution to whom the board of directors
21    may delegate duties with respect to compliance with
22    recommendations for action, and to the board of directors
23    of a bank holding company that owns at least 80% of the
24    outstanding stock of the bank or other financial
25    institution;
26        (2) to attorneys for the bank or other financial

 

 

SB2414- 7 -LRB099 16307 SMS 40638 b

1    institution and to a certified public accountant engaged by
2    the State bank or financial institution to perform an
3    independent audit provided that the attorney or certified
4    public accountant shall not permit the confidential
5    supervisory information to be further disseminated;
6        (3) to any person who seeks to acquire a controlling
7    interest in, or who seeks to merge with, the bank or
8    financial institution, provided that all attorneys,
9    certified public accountants, officers, agents, or
10    employees of that person shall agree to be bound to respect
11    the confidentiality of the confidential supervisory
12    information and to not further disseminate the information
13    therein contained;
14        (4) (blank); or
15        (5) to the bank's insurance company in relation to an
16    insurance claim or the effort by the bank to procure
17    insurance coverage, provided that, when possible, the bank
18    shall disclose only information that is relevant to the
19    insurance claim or that is necessary to procure the
20    insurance coverage, while maintaining the confidentiality
21    of financial information pertaining to customers. When
22    appropriate, the bank may delete identifying data relating
23    to any person.
24    The disclosure of confidential supervisory information by
25a bank or other financial institution pursuant to this
26subsection (b) and the disclosure of information to the

 

 

SB2414- 8 -LRB099 16307 SMS 40638 b

1Secretary Commissioner or other regulatory agency in
2connection with any examination, visitation, or investigation
3shall not constitute a waiver of any legal privilege otherwise
4available to the bank or other financial institution with
5respect to the information.
6    (c) (1) Notwithstanding any other provision of this Act or
7any other law, confidential supervisory information shall be
8the property of the Secretary Commissioner and shall be
9privileged from disclosure to any person except as provided in
10this Section. No person in possession of confidential
11supervisory information may disclose that information for any
12reason or under any circumstances not specified in this Section
13without the prior authorization of the Secretary Commissioner.
14Any person upon whom a demand for production of confidential
15supervisory information is made, whether by subpoena, order, or
16other judicial or administrative process, must withhold
17production of the confidential supervisory information and
18must notify the Secretary Commissioner of the demand, at which
19time the Secretary Commissioner is authorized to intervene for
20the purpose of enforcing the limitations of this Section or
21seeking the withdrawal or termination of the attempt to compel
22production of the confidential supervisory information.
23    (2) Any request for discovery or disclosure of confidential
24supervisory information, whether by subpoena, order, or other
25judicial or administrative process, shall be made to the
26Secretary Commissioner, and the Secretary Commissioner shall

 

 

SB2414- 9 -LRB099 16307 SMS 40638 b

1determine within 15 days whether to disclose the information
2pursuant to procedures and standards that the Secretary
3Commissioner shall establish by rule. If the Secretary
4Commissioner determines that such information will not be
5disclosed, the Secretary's Commissioner's decision shall be
6subject to judicial review under the provisions of the
7Administrative Review Law, and venue shall be in either
8Sangamon County or Cook County.
9    (3) Any court order that compels disclosure of confidential
10supervisory information may be immediately appealed by the
11Secretary Commissioner, and the order shall be automatically
12stayed pending the outcome of the appeal.
13    (d) If any officer, agent, attorney, or employee of a bank
14or financial institution knowingly and willfully furnishes
15confidential supervisory information in violation of this
16Section, the Secretary Commissioner may impose a civil monetary
17penalty up to $1,000 for the violation against the officer,
18agent, attorney, or employee.
19(Source: P.A. 90-301, eff. 8-1-97; 91-201, eff. 1-1-00.)
 
20    Section 10. The Savings Bank Act is amended by changing
21Section 9012 as follows:
 
22    (205 ILCS 205/9012)  (from Ch. 17, par. 7309-12)
23    Sec. 9012. Disclosure of reports of examinations and
24confidential supervisory information; limitations.

 

 

SB2414- 10 -LRB099 16307 SMS 40638 b

1    (a) Any report of examination, visitation, or
2investigation prepared by the Secretary Commissioner under
3this Act, any report of examination, visitation, or
4investigation prepared by the state regulatory authority of
5another state that examines a branch of an Illinois State
6savings bank in that state, any document or record prepared or
7obtained in connection with or relating to any examination,
8visitation, or investigation, and any record prepared or
9obtained by the Secretary Commissioner to the extent that the
10record summarizes or contains information derived from any
11report, document, or record described in this subsection shall
12be deemed confidential supervisory information. "Confidential
13supervisory information" shall not include any information or
14record routinely prepared by a savings bank and maintained in
15the ordinary course of business or any information or record
16that is required to be made publicly available pursuant to
17State or federal law or rule. Confidential supervisory
18information shall be the property of the Secretary Commissioner
19and shall only be disclosed under the circumstances and for the
20purposes set forth in this Section.
21    The Secretary Commissioner may disclose confidential
22supervisory information only under the following
23circumstances:
24        (1) The Secretary Commissioner may furnish
25    confidential supervisory information to federal and state
26    depository institution regulators, or any official or

 

 

SB2414- 11 -LRB099 16307 SMS 40638 b

1    examiner thereof duly accredited for the purpose. Nothing
2    contained in this Act shall be construed to limit the
3    obligation of any savings bank to comply with the
4    requirements relative to examinations and reports nor to
5    limit in any way the powers of the Secretary Commissioner
6    relative to examinations and reports.
7        (2) The Secretary Commissioner may furnish
8    confidential supervisory information to the United States
9    or any agency thereof that to any extent has insured a
10    savings bank's deposits, or any official or examiner
11    thereof duly accredited for the purpose. Nothing contained
12    in this Act shall be construed to limit the obligation
13    relative to examinations and reports of any savings bank in
14    which deposits are to any extent insured by the United
15    States or any agency thereof nor to limit in any way the
16    powers of the Secretary Commissioner with reference to
17    examination and reports of the savings bank.
18        (2.5) The Secretary may furnish confidential
19    supervisory information to the Federal Home Loan Bank of
20    Chicago in connection with any application by the savings
21    bank before the Federal Home Loan Bank of Chicago or in
22    connection with any savings bank that is a member of the
23    Federal Loan Bank of Chicago if the Secretary determines
24    the Federal Home Loan Bank of Chicago has a legitimate
25    interest in the confidential supervisory information. The
26    confidential supervisory information shall remain the

 

 

SB2414- 12 -LRB099 16307 SMS 40638 b

1    property of the Secretary and may not be further disclosed
2    without the Secretary's permission.
3        (3) The Secretary Commissioner may furnish
4    confidential supervisory information to the appropriate
5    law enforcement authorities when the Secretary
6    Commissioner reasonably believes a savings bank, which the
7    Secretary Commissioner has caused to be examined, has been
8    a victim of a crime.
9        (4) The Secretary Commissioner may furnish
10    confidential supervisory information related to a savings
11    bank, which the Secretary Commissioner has caused to be
12    examined, to the administrator of the Uniform Disposition
13    of Unclaimed Property Act.
14        (5) The Secretary Commissioner may furnish
15    confidential supervisory information relating to a savings
16    bank, which the Secretary Commissioner has caused to be
17    examined, relating to its performance of obligations under
18    the Illinois Income Tax Act and the Illinois Estate and
19    Generation-Skipping Transfer Tax Act to the Illinois
20    Department of Revenue.
21        (6) The Secretary Commissioner may furnish
22    confidential supervisory information relating to a savings
23    bank, which the Secretary Commissioner has caused to be
24    examined, under the federal Currency and Foreign
25    Transactions Reporting Act, 31 United States Code, Section
26    1051 et seq.

 

 

SB2414- 13 -LRB099 16307 SMS 40638 b

1        (7) The Secretary Commissioner may furnish
2    confidential supervisory information to any other agency
3    or entity that the Secretary Commissioner determines to
4    have a legitimate regulatory interest.
5        (8) The Secretary Commissioner may furnish
6    confidential supervisory information as otherwise
7    permitted or required by this Act and may furnish
8    confidential supervisory information under any other
9    statute that by its terms or by regulations promulgated
10    thereunder requires the disclosure of financial records
11    other than by subpoena, summons, warrant, or court order.
12        (9) At the request of the affected savings bank, the
13    Secretary Commissioner may furnish confidential
14    supervisory information relating to the savings bank,
15    which the Secretary Commissioner has caused to be examined,
16    in connection with the obtaining of insurance coverage or
17    the pursuit of an insurance claim for or on behalf of the
18    savings bank; provided that, when possible, the Secretary
19    Commissioner shall disclose only relevant information
20    while maintaining the confidentiality of financial records
21    not relevant to such insurance coverage or claim and, when
22    appropriate, may delete identifying data relating to any
23    person.
24        (10) The Secretary Commissioner may furnish a copy of a
25    report of any examination performed by the Secretary
26    Commissioner of the condition and affairs of any electronic

 

 

SB2414- 14 -LRB099 16307 SMS 40638 b

1    data processing entity to the savings banks serviced by the
2    electronic data processing entity.
3        (11) In addition to the foregoing circumstances, the
4    Secretary Commissioner may, but is not required to, furnish
5    confidential supervisory information under the same
6    circumstances authorized for the savings bank pursuant to
7    subsection (b) of this Section, except that the Secretary
8    Commissioner shall provide confidential supervisory
9    information under circumstances described in paragraph (3)
10    of subsection (b) of this Section only upon the request of
11    the savings bank.
12    (b) A savings bank or its officers, agents, and employees
13may disclose confidential supervisory information only under
14the following circumstances:
15        (1) to the board of directors of the savings bank, as
16    well as the president, vice-president, cashier, and other
17    officers of the savings bank to whom the board of directors
18    may delegate duties with respect to compliance with
19    recommendations for action, and to the board of directors
20    of a savings bank holding company that owns at least 80% of
21    the outstanding stock of the savings bank or other
22    financial institution.
23        (2) to attorneys for the savings bank and to a
24    certified public accountant engaged by the savings bank to
25    perform an independent audit; provided that the attorney or
26    certified public accountant shall not permit the

 

 

SB2414- 15 -LRB099 16307 SMS 40638 b

1    confidential supervisory information to be further
2    disseminated.
3        (3) to any person who seeks to acquire a controlling
4    interest in, or who seeks to merge with, the savings bank;
5    provided that the person shall agree to be bound to respect
6    the confidentiality of the confidential supervisory
7    information and to not further disseminate the information
8    other than to attorneys, certified public accountants,
9    officers, agents, or employees of that person who likewise
10    shall agree to be bound to respect the confidentiality of
11    the confidential supervisory information and to not
12    further disseminate the information.
13        (4) to the savings bank's insurance company, if the
14    supervisory information contains information that is
15    otherwise unavailable and is strictly necessary to
16    obtaining insurance coverage or pursuing an insurance
17    claim for or on behalf of the savings bank; provided that,
18    when possible, the savings bank shall disclose only
19    information that is relevant to obtaining insurance
20    coverage or pursuing an insurance claim, while maintaining
21    the confidentiality of financial information pertaining to
22    customers; and provided further that, when appropriate,
23    the savings bank may delete identifying data relating to
24    any person.
25    The disclosure of confidential supervisory information by
26a savings bank pursuant to this subsection (b) and the

 

 

SB2414- 16 -LRB099 16307 SMS 40638 b

1disclosure of information to the Secretary Commissioner or
2other regulatory agency in connection with any examination,
3visitation, or investigation shall not constitute a waiver of
4any legal privilege otherwise available to the savings bank
5with respect to the information.
6    (c) (1) Notwithstanding any other provision of this Act or
7any other law, confidential supervisory information shall be
8the property of the Secretary Commissioner and shall be
9privileged from disclosure to any person except as provided in
10this Section. No person in possession of confidential
11supervisory information may disclose that information for any
12reason or under any circumstances not specified in this Section
13without the prior authorization of the Secretary Commissioner.
14Any person upon whom a demand for production of confidential
15supervisory information is made, whether by subpoena, order, or
16other judicial or administrative process, must withhold
17production of the confidential supervisory information and
18must notify the Secretary Commissioner of the demand, at which
19time the Secretary Commissioner is authorized to intervene for
20the purpose of enforcing the limitations of this Section or
21seeking the withdrawal or termination of the attempt to compel
22production of the confidential supervisory information.
23    (2) Any request for discovery or disclosure of confidential
24supervisory information, whether by subpoena, order, or other
25judicial or administrative process, shall be made to the
26Secretary Commissioner, and the Secretary Commissioner shall

 

 

SB2414- 17 -LRB099 16307 SMS 40638 b

1determine within 15 days whether to disclose the information
2pursuant to procedures and standards that the Secretary
3Commissioner shall establish by rule. If the Secretary
4Commissioner determines that such information will not be
5disclosed, the Secretary's Commissioner's decision shall be
6subject to judicial review under the provisions of the
7Administrative Review Law, and venue shall be in either
8Sangamon County or Cook County.
9    (3) Any court order that compels disclosure of confidential
10supervisory information may be immediately appealed by the
11Secretary Commissioner, and the order shall be automatically
12stayed pending the outcome of the appeal.
13    (d) If any officer, agent, attorney, or employee of a
14savings bank knowingly and willfully furnishes confidential
15supervisory information in violation of this Section, the
16Secretary Commissioner may impose a civil monetary penalty up
17to $1,000 for the violation against the officer, agent,
18attorney, or employee.
19    (e)   Subject to the limits of this Section, the Secretary
20Commissioner also may promulgate regulations to set procedures
21and standards for disclosure of the following items:
22        (1) All fixed orders and opinions made in cases of
23    appeals of the Secretary's Commissioner's actions.
24        (2) Statements of policy and interpretations adopted
25    by the Secretary's Commissioner's office, but not
26    otherwise made public.

 

 

SB2414- 18 -LRB099 16307 SMS 40638 b

1        (3) Nonconfidential portions of application files,
2    including applications for new charters. The Secretary
3    Commissioner shall specify by rule as to what part of the
4    files are confidential.
5        (4) Quarterly reports of income, deposits, and
6    financial condition.
7(Source: P.A. 93-271, eff. 7-22-03.)
 
8    Section 15. The Illinois Credit Union Act is amended by
9changing Section 9.1 as follows:
 
10    (205 ILCS 305/9.1)
11    Sec. 9.1. Disclosures of reports of examinations and
12confidential supervisory information; limitations.
13    (1) Any report of examination, visitation, or
14investigation prepared by the Secretary under this Act or by
15the state regulatory authority charged with enforcing the
16Electronic Fund Transfer Act or the Corporate Fiduciary Act or
17by the state regulatory authority of another state that
18examines an office of an Illinois credit union in that state,
19any document or record prepared or obtained in connection with
20or relating to any examination, visitation, or investigation,
21and any record prepared or obtained by the Secretary to the
22extent that the record summarizes or contains information
23derived from any report, document, or record described in this
24subsection shall be deemed "confidential supervisory

 

 

SB2414- 19 -LRB099 16307 SMS 40638 b

1information". Confidential supervisory information shall not
2include any information or record routinely prepared by a
3credit union and maintained in the ordinary course of business
4or any information or record that is required to be made
5publicly available pursuant to State or federal law or rule.
6    (2) Confidential supervisory information is privileged
7from discovery and shall only be disclosed under the
8circumstances and for the purposes set forth in this Section.
9    (3) Relevant confidential supervisory information may be
10disclosed under a statute that by its terms or by rules
11promulgated thereunder requires the disclosure of confidential
12supervisory information other than by subpoena, summons,
13warrant, or court order; to the appropriate law enforcement
14authorities when the Secretary or the credit union reasonably
15believes the credit union, which the Secretary has caused to be
16examined, has been a victim of a crime; to other agencies or
17entities having a legitimate regulatory interest, including,
18but not limited to, the Federal Home Loan Bank of the Federal
19Home Loan Bank System district in which the credit union is
20located; to the credit union's board, officers, retained
21professionals, and insurers; to persons seeking to merge with
22or purchase all or part of the assets of the credit union; and
23where disclosure is otherwise required for the benefit of the
24credit union. Disclosure of confidential supervisory
25information to these persons does not constitute a waiver of
26the legal privilege otherwise available with respect to the

 

 

SB2414- 20 -LRB099 16307 SMS 40638 b

1information.
2    (4) A person to whom confidential supervisory information
3is disclosed shall not further disseminate confidential
4supervisory information.
5    (5) (a) Any person upon whom a demand for production of
6confidential supervisory information is made, whether by
7subpoena, order, or other judicial or administrative process,
8must withhold production of the confidential supervisory
9information and must notify the Secretary of the demand, at
10which time the Secretary is authorized to intervene for the
11purpose of enforcing the limitations of this Section or seeking
12the withdrawal or termination of the attempt to compel
13production of the confidential supervisory information.
14    (b) Any request for discovery or disclosure of confidential
15supervisory information, whether by subpoena, order, or other
16judicial or administrative process, shall be made to the
17Secretary, and the Secretary shall determine within 15 days
18whether to disclose the information pursuant to procedures and
19standards that the Secretary shall establish by rule. If the
20Secretary determines that such information will not be
21disclosed, the Secretary's decision shall be subject to
22judicial review under the provisions of the Administrative
23Review Law, and venue shall be in either Sangamon County or
24Cook County.
25    (c) Any court order that compels disclosure of confidential
26supervisory information may be immediately appealed by the

 

 

SB2414- 21 -LRB099 16307 SMS 40638 b

1Secretary and the order shall be automatically stayed pending
2the outcome of the appeal.
3(Source: P.A. 97-133, eff. 1-1-12.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.