Bill Text: IL SB0643 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the head and employees of a State agency affected by or involved in an investigation shall keep confidential and shall not disclose information exempted from disclosure under the Act or the Freedom of Information Act. Permits disclosure of investigatory files, reports, and requests for information of or by the Office of an Executive Inspector General to the head of a State agency affected by or involved in an investigation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-05-25 - Placed on Calendar Order of 3rd Reading May 26, 2017 [SB0643 Detail]

Download: Illinois-2017-SB0643-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0643

Introduced 1/25/2017, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-90
5 ILCS 430/20-95

Amends the State Officials and Employees Ethics Act. Provides that the head and employees of a State agency affected by or involved in an investigation shall keep confidential and shall not disclose information exempted from disclosure under the Act or the Freedom of Information Act. Permits disclosure of investigatory files, reports, and requests for information of or by the Office of an Executive Inspector General to the head of a State agency affected by or involved in an investigation.
LRB100 08016 RJF 18099 b

A BILL FOR

SB0643LRB100 08016 RJF 18099 b
1 AN ACT concerning 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 Sections 20-90 and 20-95 as follows:
6 (5 ILCS 430/20-90)
7 Sec. 20-90. Confidentiality.
8 (a) The identity of any individual providing information or
9reporting any possible or alleged misconduct to an Executive
10Inspector General or the Executive Ethics Commission shall be
11kept confidential and may not be disclosed without the consent
12of that individual, unless the individual consents to
13disclosure of his or her name or disclosure of the individual's
14identity is otherwise required by law. The confidentiality
15granted by this subsection does not preclude the disclosure of
16the identity of a person in any capacity other than as the
17source of an allegation.
18 (b) Subject to the provisions of Section 20-52,
19commissioners, employees, and agents of the Executive Ethics
20Commission, the Executive Inspectors General, and employees
21and agents of each Office of an Executive Inspector General,
22the Attorney General, and the employees and agents of the
23office of the Attorney General, and the head and employees of a

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1State agency affected by or involved in an investigation shall
2keep confidential and shall not disclose information exempted
3from disclosure under the Freedom of Information Act or by this
4Act, provided the identity of any individual providing
5information or reporting any possible or alleged misconduct to
6the Executive Inspector General for the Governor may be
7disclosed to an Inspector General appointed or employed by a
8Regional Transit Board in accordance with Section 75-10.
9(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
10 (5 ILCS 430/20-95)
11 Sec. 20-95. Exemptions.
12 (a) Documents generated by an ethics officer under this
13Act, except Section 5-50, are exempt from the provisions of the
14Freedom of Information Act.
15 (b) Any allegations and related documents submitted to an
16Executive Inspector General and any pleadings and related
17documents brought before the Executive Ethics Commission are
18exempt from the provisions of the Freedom of Information Act so
19long as the Executive Ethics Commission does not make a finding
20of a violation of this Act. If the Executive Ethics Commission
21finds that a violation has occurred, the entire record of
22proceedings before the Commission, the decision and
23recommendation, and the response from the agency head or
24ultimate jurisdictional authority to the Executive Ethics
25Commission are not exempt from the provisions of the Freedom of

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