Full Text of HB4572 94th General Assembly
HB4572ham001 94TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/1/2006
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09400HB4572ham001 |
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LRB094 15951 JAM 56691 a |
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| AMENDMENT TO HOUSE BILL 4572
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| AMENDMENT NO. ______. Amend House Bill 4572 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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)
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| Sec. 20-90. Confidentiality.
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| (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
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| 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.
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| (b) Subject to the provisions of Section 20-50(c), | 24 |
| commissioners, employees,
and agents of the Executive Ethics |
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| Commission,
the Executive Inspectors General, and employees | 2 |
| and agents of each Office of
an
Executive Inspector General | 3 |
| shall keep confidential and shall not disclose
information | 4 |
| exempted from disclosure under the Freedom of
Information Act | 5 |
| or by this Act.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 7 |
| (5 ILCS 430/20-95)
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| Sec. 20-95. Exemptions.
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| (a) Documents generated by an ethics
officer under this | 10 |
| Act, except Section 5-50, are exempt from the provisions of
the | 11 |
| Freedom
of Information Act.
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| (b) Any allegations
and related documents
submitted to an | 13 |
| Executive Inspector General and any pleadings and
related | 14 |
| documents brought before the Executive Ethics
Commission are | 15 |
| exempt from the provisions of the Freedom of
Information Act so | 16 |
| long as the Executive Ethics Commission
does not make a finding | 17 |
| of a violation of this Act.
If the Executive
Ethics Commission | 18 |
| finds that a violation has occurred, the
entire record of | 19 |
| proceedings before the Commission, the decision and
| 20 |
| recommendation, and the mandatory report from the agency head | 21 |
| or
ultimate jurisdictional authority to the Executive Ethics
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| Commission are not exempt from the provisions of the Freedom of
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| Information Act but information contained therein that is | 24 |
| otherwise exempt from
the
Freedom of Information Act must be | 25 |
| redacted before disclosure as provided in
Section 8 of the | 26 |
| Freedom of Information Act.
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| (c) Meetings of the Commission under
Sections 20-5
and | 28 |
| 20-15 of this Act are exempt from the provisions of the Open
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| Meetings Act.
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| (d) Unless otherwise provided in this Act, all | 31 |
| investigatory files and
reports of the Office of an Executive | 32 |
| Inspector General, other than quarterly
reports, are | 33 |
| confidential, are exempt from disclosure
under the Freedom of |
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| Information Act, and shall not be divulged to
any person or | 2 |
| agency, except as necessary (i) to the appropriate law
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| enforcement
authority if the matter is referred pursuant to | 4 |
| this Act, (ii) to the ultimate
jurisdictional authority, (iii) | 5 |
| to the
Executive Ethics Commission ,
; or (iv) to another | 6 |
| Inspector General appointed
pursuant to this Act , or (v) by a | 7 |
| person or entity described in item (i), (ii), (iii), or (iv) to | 8 |
| that person's or entity's employees for the proper performance | 9 |
| of their employment functions .
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| At the written request of a person whose alleged misconduct | 11 |
| or violation is a subject of an otherwise confidential report | 12 |
| of an Executive Inspector General, that person's ultimate | 13 |
| jurisdictional authority may, in the ultimate jurisdictional | 14 |
| authority's discretion, provide a redacted copy of that report | 15 |
| to that person if the Inspector General approves the redaction. | 16 |
| All personally identifying and confidential information | 17 |
| concerning any other person must be redacted from the copy of | 18 |
| the report. The person receiving the redacted copy of the | 19 |
| report shall not further disclose information in the redacted | 20 |
| copy of the report, other than to the person's personal | 21 |
| attorney or union representative as applicable, without the | 22 |
| prior approval of the ultimate jurisdictional authority.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 24 |
| (5 ILCS 430/25-90)
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| Sec. 25-90. Confidentiality.
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| (a) The identity of any individual providing information or | 27 |
| reporting any
possible or alleged
misconduct to the Legislative | 28 |
| Inspector General or the Legislative Ethics
Commission
shall be | 29 |
| kept confidential and may not be disclosed
without the consent | 30 |
| of that individual, unless the individual consents to
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| disclosure of his or her name or disclosure of the individual's | 32 |
| identity is
otherwise required by law. The confidentiality | 33 |
| granted by this subsection does not preclude the disclosure of |
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| the person's identity to employees of the Legislative Inspector | 2 |
| General or Legislative Ethics Commission who need the | 3 |
| information for the proper performance of their employment | 4 |
| functions. The confidentiality granted by this subsection does
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| not preclude the disclosure of the identity of a person in any | 6 |
| capacity other
than as the source of an allegation.
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| (b) Subject to the provisions of Section 25-50(c), | 8 |
| commissioners, employees,
and agents of the Legislative Ethics
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| Commission, the Legislative Inspector General, and employees | 10 |
| and agents of the
Office of the Legislative Inspector General | 11 |
| shall keep confidential and shall
not disclose information | 12 |
| exempted from disclosure under the
Freedom of Information Act | 13 |
| or by this Act.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 15 |
| (5 ILCS 430/25-95)
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| Sec. 25-95. Exemptions.
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| (a) Documents generated by an ethics
officer under this | 18 |
| Act, except Section 5-50, are exempt from the provisions of
the | 19 |
| Freedom
of Information Act.
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| (a-5) Requests from ethics officers, members, and State | 21 |
| employees to the Office of the Legislative Inspector General, a | 22 |
| Special Legislative Inspector General, the Legislative Ethics | 23 |
| Commission, an ethics officer, or a person designated by a | 24 |
| legislative leader for guidance on matters involving the | 25 |
| interpretation or application of this Act or rules promulgated | 26 |
| under this Act are exempt from the provisions of the Freedom of | 27 |
| Information Act. Guidance provided to an ethics officer, | 28 |
| member, or State employee at the request of an ethics officer, | 29 |
| member, or State employee by the Office of the Legislative | 30 |
| Inspector General, a Special Legislative Inspector General, | 31 |
| the Legislative Ethics Commission, an ethics officer, or a | 32 |
| person designated by a legislative leader on matters involving | 33 |
| the interpretation or application of this Act or rules |
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| promulgated under this Act is exempt from the provisions of the | 2 |
| Freedom of Information Act.
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| (b) Any allegations
and related documents
submitted to the | 4 |
| Legislative Inspector General and any pleadings and
related | 5 |
| documents brought before the Legislative Ethics
Commission are | 6 |
| exempt from the provisions of the Freedom of
Information Act so | 7 |
| long as the Legislative Ethics Commission
does not make a | 8 |
| finding of a violation of this Act.
If the Legislative
Ethics | 9 |
| Commission finds that a violation has occurred, the
entire | 10 |
| record of proceedings before the Commission, the decision and
| 11 |
| recommendation, and the mandatory report from the agency head | 12 |
| or
ultimate jurisdictional authority to the Legislative Ethics
| 13 |
| Commission are not exempt from the provisions of the Freedom of
| 14 |
| Information Act but information contained therein that is | 15 |
| exempt from the
Freedom of Information Act must be redacted | 16 |
| before disclosure as provided in
Section 8 of the Freedom of | 17 |
| Information Act.
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| (c) Meetings of the Commission under
Sections 25-5
and | 19 |
| 25-15 of this Act are exempt from the provisions of the Open
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| Meetings Act.
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| (d) Unless otherwise provided in this Act, all | 22 |
| investigatory files and
reports of the Office of the | 23 |
| Legislative Inspector General, other than
quarterly
reports, | 24 |
| are confidential, are exempt from disclosure
under the Freedom | 25 |
| of Information Act, and shall not be divulged to
any person or | 26 |
| agency, except as necessary (i) to the appropriate law
| 27 |
| enforcement
authority if the matter is referred pursuant to | 28 |
| this Act, (ii) to the ultimate
jurisdictional authority, or
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| (iii) to the
Legislative Ethics Commission , or (iv) by a person | 30 |
| or entity described in item (i), (ii), or (iii) to that | 31 |
| person's or entity's employees for the proper performance of | 32 |
| their employment functions .
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| At the written request of a person whose alleged misconduct | 34 |
| or violation is a subject of an otherwise confidential report |
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| of the Legislative Inspector General, that person's ultimate | 2 |
| jurisdictional authority may, in the ultimate jurisdictional | 3 |
| authority's discretion, provide a redacted copy of that report | 4 |
| to that person if the Inspector General approves the redaction. | 5 |
| All personally identifying and confidential information | 6 |
| concerning any other person must be redacted from the copy of | 7 |
| the report. The person receiving the redacted copy of the | 8 |
| report shall not further disclose the information in the | 9 |
| redacted copy of the report without the prior approval of the | 10 |
| ultimate jurisdictional authority.
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| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
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| (5 ILCS 430/50-5)
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| Sec. 50-5. Penalties.
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| (a) A person is guilty of a Class A misdemeanor if that | 15 |
| person intentionally
violates any provision of Section 5-15, | 16 |
| 5-30, 5-40, or 5-45 or Article 15.
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| (b) A person who intentionally violates any provision
of | 18 |
| Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | 19 |
| offense
subject to a fine of at least $1,001 and up to $5,000.
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| (c) A person who intentionally violates any provision of | 21 |
| Article 10 is
guilty of a business
offense and subject to a | 22 |
| fine of at least $1,001 and up to $5,000.
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| (d) Any person who intentionally makes a
false report | 24 |
| alleging a violation of any provision of this Act to an ethics
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| commission,
an inspector general,
the State Police, a State's | 26 |
| Attorney, the Attorney General, or any other law
enforcement | 27 |
| official is guilty of a Class A misdemeanor.
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| (e) An ethics commission may levy an administrative fine of | 29 |
| up to $5,000
against any person
who violates this Act, who | 30 |
| intentionally obstructs or interferes with an
investigation
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| conducted under this Act by an inspector general, or who
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| intentionally makes a false, frivolous, or bad faith | 33 |
| allegation.
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| (e-5) A person who intentionally violates subsection (a) of | 2 |
| Section 20-90, subsection (d) of Section 20-95, subsection (a) | 3 |
| of Section 25-90, or subsection (d) of Section 25-95 is guilty | 4 |
| of a Class A misdemeanor.
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| (f) In addition to any other penalty that may apply, | 6 |
| whether criminal or
civil, a State employee who intentionally | 7 |
| violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | 8 |
| or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | 9 |
| subject to discipline or discharge by
the
appropriate ultimate
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| jurisdictional authority.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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