HB4572 Engrossed LRB094 15951 JAM 51179 b

1     AN ACT concerning ethics.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Officials and Employees Ethics Act is
5 amended by changing Sections 20-90, 20-95, 25-90, 25-95, and
6 50-5 as follows:
 
7     (5 ILCS 430/20-90)
8     Sec. 20-90. Confidentiality.
9     (a) The identity of any individual providing information or
10 reporting any possible or alleged misconduct to an Executive
11 Inspector General or the Executive Ethics Commission shall be
12 kept confidential and may not be disclosed without the consent
13 of that individual, unless the individual consents to
14 disclosure of his or her name or disclosure of the individual's
15 identity is otherwise required by law. The confidentiality
16 granted by this subsection does not preclude the disclosure of
17 the person's identity to employees of the Executive Inspector
18 General or Executive Ethics Commission who need the information
19 for the proper performance of their employment functions. The
20 confidentiality granted by this subsection does not preclude
21 the disclosure of the identity of a person in any capacity
22 other than as the source of an allegation.
23     (b) Subject to the provisions of Section 20-50(c),
24 commissioners, employees, and agents of the Executive Ethics
25 Commission, the Executive Inspectors General, and employees
26 and agents of each Office of an Executive Inspector General
27 shall keep confidential and shall not disclose information
28 exempted from disclosure under the Freedom of Information Act
29 or by this Act.
30 (Source: P.A. 93-617, eff. 12-9-03.)
 
31     (5 ILCS 430/20-95)

 

 

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1     Sec. 20-95. Exemptions.
2     (a) Documents generated by an ethics officer under this
3 Act, except Section 5-50, are exempt from the provisions of the
4 Freedom of Information Act.
5     (b) Any allegations and related documents submitted to an
6 Executive Inspector General and any pleadings and related
7 documents brought before the Executive Ethics Commission are
8 exempt from the provisions of the Freedom of Information Act so
9 long as the Executive Ethics Commission does not make a finding
10 of a violation of this Act. If the Executive Ethics Commission
11 finds that a violation has occurred, the entire record of
12 proceedings before the Commission, the decision and
13 recommendation, and the mandatory report from the agency head
14 or ultimate jurisdictional authority to the Executive Ethics
15 Commission are not exempt from the provisions of the Freedom of
16 Information Act but information contained therein that is
17 otherwise exempt from the Freedom of Information Act must be
18 redacted before disclosure as provided in Section 8 of the
19 Freedom of Information Act.
20     (c) Meetings of the Commission under Sections 20-5 and
21 20-15 of this Act are exempt from the provisions of the Open
22 Meetings Act.
23     (d) Unless otherwise provided in this Act, all
24 investigatory files and reports of the Office of an Executive
25 Inspector General, other than quarterly reports, are
26 confidential, are exempt from disclosure under the Freedom of
27 Information Act, and shall not be divulged to any person or
28 agency, except as necessary (i) to the appropriate law
29 enforcement authority if the matter is referred pursuant to
30 this Act, (ii) to the ultimate jurisdictional authority, (iii)
31 to the Executive Ethics Commission, ; or (iv) to another
32 Inspector General appointed pursuant to this Act, or (v) by a
33 person or entity described in item (i), (ii), (iii), or (iv) to
34 that person's or entity's employees for the proper performance
35 of their employment functions.
36     At the written request of a person whose alleged misconduct

 

 

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1 or violation is a subject of an otherwise confidential report
2 of an Executive Inspector General, that person's ultimate
3 jurisdictional authority may, in the ultimate jurisdictional
4 authority's discretion, provide a redacted copy of that report
5 to that person if the Inspector General approves the redaction.
6 All personally identifying and confidential information
7 concerning any other person must be redacted from the copy of
8 the report. The person receiving the redacted copy of the
9 report shall not further disclose information in the redacted
10 copy of the report, other than to the person's personal
11 attorney or union representative as applicable, without the
12 prior approval of the ultimate jurisdictional authority.
13 (Source: P.A. 93-617, eff. 12-9-03.)
 
14     (5 ILCS 430/25-90)
15     Sec. 25-90. Confidentiality.
16     (a) The identity of any individual providing information or
17 reporting any possible or alleged misconduct to the Legislative
18 Inspector General or the Legislative Ethics Commission shall be
19 kept confidential and may not be disclosed without the consent
20 of that individual, unless the individual consents to
21 disclosure of his or her name or disclosure of the individual's
22 identity is otherwise required by law. The confidentiality
23 granted by this subsection does not preclude the disclosure of
24 the person's identity to employees of the Legislative Inspector
25 General or Legislative Ethics Commission who need the
26 information for the proper performance of their employment
27 functions. The confidentiality granted by this subsection does
28 not preclude the disclosure of the identity of a person in any
29 capacity other than as the source of an allegation.
30     (b) Subject to the provisions of Section 25-50(c),
31 commissioners, employees, and agents of the Legislative Ethics
32 Commission, the Legislative Inspector General, and employees
33 and agents of the Office of the Legislative Inspector General
34 shall keep confidential and shall not disclose information
35 exempted from disclosure under the Freedom of Information Act

 

 

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1 or by this Act.
2 (Source: P.A. 93-617, eff. 12-9-03.)
 
3     (5 ILCS 430/25-95)
4     Sec. 25-95. Exemptions.
5     (a) Documents generated by an ethics officer under this
6 Act, except Section 5-50, are exempt from the provisions of the
7 Freedom of Information Act.
8     (a-5) Requests from ethics officers, members, and State
9 employees to the Office of the Legislative Inspector General, a
10 Special Legislative Inspector General, the Legislative Ethics
11 Commission, an ethics officer, or a person designated by a
12 legislative leader for guidance on matters involving the
13 interpretation or application of this Act or rules promulgated
14 under this Act are exempt from the provisions of the Freedom of
15 Information Act. Guidance provided to an ethics officer,
16 member, or State employee at the request of an ethics officer,
17 member, or State employee by the Office of the Legislative
18 Inspector General, a Special Legislative Inspector General,
19 the Legislative Ethics Commission, an ethics officer, or a
20 person designated by a legislative leader on matters involving
21 the interpretation or application of this Act or rules
22 promulgated under this Act is exempt from the provisions of the
23 Freedom of Information Act.
24     (b) Any allegations and related documents submitted to the
25 Legislative Inspector General and any pleadings and related
26 documents brought before the Legislative Ethics Commission are
27 exempt from the provisions of the Freedom of Information Act so
28 long as the Legislative Ethics Commission does not make a
29 finding of a violation of this Act. If the Legislative Ethics
30 Commission finds that a violation has occurred, the entire
31 record of proceedings before the Commission, the decision and
32 recommendation, and the mandatory report from the agency head
33 or ultimate jurisdictional authority to the Legislative Ethics
34 Commission are not exempt from the provisions of the Freedom of
35 Information Act but information contained therein that is

 

 

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1 exempt from the Freedom of Information Act must be redacted
2 before disclosure as provided in Section 8 of the Freedom of
3 Information Act.
4     (c) Meetings of the Commission under Sections 25-5 and
5 25-15 of this Act are exempt from the provisions of the Open
6 Meetings Act.
7     (d) Unless otherwise provided in this Act, all
8 investigatory files and reports of the Office of the
9 Legislative Inspector General, other than quarterly reports,
10 are confidential, are exempt from disclosure under the Freedom
11 of Information Act, and shall not be divulged to any person or
12 agency, except as necessary (i) to the appropriate law
13 enforcement authority if the matter is referred pursuant to
14 this Act, (ii) to the ultimate jurisdictional authority, or
15 (iii) to the Legislative Ethics Commission, or (iv) by a person
16 or entity described in item (i), (ii), or (iii) to that
17 person's or entity's employees for the proper performance of
18 their employment functions.
19     At the written request of a person whose alleged misconduct
20 or violation is a subject of an otherwise confidential report
21 of the Legislative Inspector General, that person's ultimate
22 jurisdictional authority may, in the ultimate jurisdictional
23 authority's discretion, provide a redacted copy of that report
24 to that person if the Inspector General approves the redaction.
25 All personally identifying and confidential information
26 concerning any other person must be redacted from the copy of
27 the report. The person receiving the redacted copy of the
28 report shall not further disclose the information in the
29 redacted copy of the report without the prior approval of the
30 ultimate jurisdictional authority.
31 (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
 
32     (5 ILCS 430/50-5)
33     Sec. 50-5. Penalties.
34     (a) A person is guilty of a Class A misdemeanor if that
35 person intentionally violates any provision of Section 5-15,

 

 

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1 5-30, 5-40, or 5-45 or Article 15.
2     (b) A person who intentionally violates any provision of
3 Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
4 offense subject to a fine of at least $1,001 and up to $5,000.
5     (c) A person who intentionally violates any provision of
6 Article 10 is guilty of a business offense and subject to a
7 fine of at least $1,001 and up to $5,000.
8     (d) Any person who intentionally makes a false report
9 alleging a violation of any provision of this Act to an ethics
10 commission, an inspector general, the State Police, a State's
11 Attorney, the Attorney General, or any other law enforcement
12 official is guilty of a Class A misdemeanor.
13     (e) An ethics commission may levy an administrative fine of
14 up to $5,000 against any person who violates this Act, who
15 intentionally obstructs or interferes with an investigation
16 conducted under this Act by an inspector general, or who
17 intentionally makes a false, frivolous, or bad faith
18 allegation.
19     (e-5) A person who intentionally violates subsection (a) of
20 Section 20-90, subsection (d) of Section 20-95, subsection (a)
21 of Section 25-90, or subsection (d) of Section 25-95 is guilty
22 of a Class A misdemeanor.
23     (f) In addition to any other penalty that may apply,
24 whether criminal or civil, a State employee who intentionally
25 violates any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40,
26 or 5-50, Article 10, Article 15, or Section 20-90 or 25-90 is
27 subject to discipline or discharge by the appropriate ultimate
28 jurisdictional authority.
29 (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.