Full Text of HB4166 96th General Assembly
HB4166 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4166
Introduced 2/27/2009, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/25-5 |
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5 ILCS 430/25-15 |
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5 ILCS 430/25-50 |
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5 ILCS 430/25-90 |
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5 ILCS 430/25-95 |
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Amends the State Officials and Employees Ethics Act. Expands the jurisdiction of the Legislative Ethics Commission to include matters arising under the Illinois Governmental Ethics Act and violations of other related laws and rules. Requires the Legislative Inspector General's summary investigation reports to be delivered to the Legislative Ethics Commission. With respect to the confidentiality of the Legislative Inspector General's reports, (i) removes the condition of necessity for the disclosure of reports to law enforcement authorities, ultimate jurisdictional authorities, and the Legislative Ethics Commission and (ii) authorizes the Legislative Ethics Commission to disclose or publish summary investigation reports, based on criteria established by the Commission by rule. Makes other changes. Effective immediately.
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A BILL FOR
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HB4166 |
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LRB096 11644 JAM 22209 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 25-5, 25-15, 25-50, 25-90, and | 6 |
| 25-95 as follows: | 7 |
| (5 ILCS 430/25-5)
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| Sec. 25-5. Legislative Ethics Commission.
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| (a) The Legislative Ethics Commission is created.
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| (b) The Legislative Ethics Commission shall consist of 8
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| commissioners appointed 2 each by the
President and Minority | 12 |
| Leader of the Senate and the Speaker and Minority Leader
of the | 13 |
| House of Representatives.
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| The terms of the initial commissioners shall commence upon | 15 |
| qualification.
Each appointing authority shall designate one | 16 |
| appointee who
shall serve for a 2-year term running through
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| June 30, 2005.
Each appointing authority shall designate one | 18 |
| appointee who
shall serve for a
4-year term running through | 19 |
| June 30, 2007.
The initial appointments shall be made within 60 | 20 |
| days
after the effective date of this Act.
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| After the initial terms, commissioners shall serve for | 22 |
| 4-year terms
commencing on July 1 of the year of appointment | 23 |
| and running
through June 30 of the fourth following year. |
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| Commissioners may be
reappointed to one or more subsequent | 2 |
| terms.
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| Vacancies occurring other than at the end of a term shall | 4 |
| be filled
by the appointing authority only for the balance of | 5 |
| the
term of the commissioner whose office is vacant.
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| Terms shall run regardless of whether the position is | 7 |
| filled.
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| (c) The appointing authorities shall appoint commissioners | 9 |
| who
have experience holding governmental office or employment | 10 |
| and may
appoint commissioners who are members of the General | 11 |
| Assembly as well as
commissioners from the general public.
A | 12 |
| commissioner who is a member of the General Assembly must | 13 |
| recuse himself or
herself from participating in any matter | 14 |
| relating to any investigation or
proceeding in which he or she | 15 |
| is the subject.
A person is not eligible to
serve as a | 16 |
| commissioner if that person (i) has been convicted of a
felony | 17 |
| or a crime of dishonesty or moral turpitude, (ii) is, or was
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| within the preceding 12 months, engaged in activities that
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| require registration under the Lobbyist Registration Act, | 20 |
| (iii) is a
relative of the appointing authority, or (iv) is a | 21 |
| State officer or employee
other than a member of the General | 22 |
| Assembly.
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| (d) The Legislative Ethics Commission shall have
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| jurisdiction over members of the General Assembly and
all State
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| employees whose ultimate jurisdictional authority is
(i) a | 26 |
| legislative leader, (ii) the Senate Operations Commission, or |
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| (iii) the
Joint Committee on Legislative Support Services.
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| jurisdiction of the
Commission is limited to matters arising | 3 |
| under this Act or the Illinois Governmental Ethics Act and | 4 |
| violations of other related laws and rules .
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| (e) The Legislative Ethics Commission must meet, either
in | 6 |
| person or by other technological means, monthly or as
often as | 7 |
| necessary. At the first meeting of the Legislative
Ethics | 8 |
| Commission, the commissioners shall choose from their
number a | 9 |
| chairperson and other officers that they deem appropriate.
The | 10 |
| terms of officers shall be for 2 years commencing July 1 and
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| running through June 30 of the second following year. Meetings | 12 |
| shall be held at
the call
of the chairperson or any 3 | 13 |
| commissioners. Official action by the
Commission shall require | 14 |
| the affirmative vote of 5 commissioners, and
a quorum shall | 15 |
| consist of 5 commissioners. Commissioners shall receive
no | 16 |
| compensation but
may be
reimbursed for their reasonable | 17 |
| expenses actually incurred in the
performance of their duties.
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| (f) No commissioner, other than a commissioner who is a | 19 |
| member of the
General
Assembly, or employee of the Legislative
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| Ethics Commission may during his or her term of appointment or | 21 |
| employment:
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| (1) become a candidate for any elective office;
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| (2) hold any other elected or appointed public office
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| except for appointments on governmental advisory boards
or | 25 |
| study commissions or as otherwise expressly authorized by | 26 |
| law;
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| (3) be actively involved in the affairs of any | 2 |
| political party or political
organization; or
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| (4) actively participate in any campaign for any
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| elective office.
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| (g) An appointing authority may remove a
commissioner only | 6 |
| for cause.
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| (h) The Legislative Ethics Commission shall appoint an
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| Executive Director subject to the approval of at least 3 of the | 9 |
| 4 legislative leaders. The compensation of the Executive | 10 |
| Director shall
be as determined by the Commission or by the | 11 |
| Compensation Review
Board, whichever amount is higher. The | 12 |
| Executive Director of the Legislative
Ethics Commission may | 13 |
| employ, subject to the approval of at least 3 of the 4 | 14 |
| legislative leaders, and determine the
compensation of staff, | 15 |
| as appropriations permit.
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| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) | 17 |
| (5 ILCS 430/25-15)
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| Sec. 25-15. Duties of the Legislative Ethics Commission. In | 19 |
| addition to
duties otherwise assigned by law, the Legislative | 20 |
| Ethics Commission shall have
the following duties:
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| (1) To promulgate rules governing the performance of | 22 |
| its duties and the
exercise of its powers and governing the | 23 |
| investigations of the Legislative
Inspector General.
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| (2) To conduct administrative hearings and rule on | 25 |
| matters
brought before the Commission only upon the receipt |
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| of pleadings
filed by the Legislative Inspector General and | 2 |
| not upon its own
prerogative, but may appoint special | 3 |
| Legislative Inspectors General as provided
in Section | 4 |
| 25-21. Any other allegations of misconduct received by the
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| Commission from a person other than the Legislative | 6 |
| Inspector General
shall be referred to the Office of the | 7 |
| Legislative Inspector General.
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| (3) To prepare and publish manuals and guides and, | 9 |
| working with
the Office of the Attorney General, oversee
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| training of employees under its jurisdiction that explains | 11 |
| their duties.
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| (4) To prepare public information materials to | 13 |
| facilitate
compliance, implementation, and enforcement of | 14 |
| this Act.
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| (5) To submit reports as required by this Act.
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| (6) To the extent authorized by this Act, to make | 17 |
| rulings, issue
recommendations, and impose administrative | 18 |
| fines,
if appropriate,
in
connection with the | 19 |
| implementation and interpretation of this Act.
The powers | 20 |
| and duties of the
Commission are limited to matters clearly | 21 |
| within the purview of this
Act.
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| (7) To issue subpoenas with respect to matters pending | 23 |
| before the Commission,
subject to the provisions of this | 24 |
| Article and in the
discretion of the Commission,
to compel | 25 |
| the attendance of witnesses for purposes of testimony and
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| the production of documents and other items for inspection |
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| and
copying.
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| (8) To appoint special Legislative Inspectors General | 3 |
| as provided in Section
25-21.
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| (9) To determine whether and under what circumstances | 5 |
| to disclose or publish reports pursuant to subsection (e) | 6 |
| of Section 25-95. | 7 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 8 |
| (5 ILCS 430/25-50)
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| Sec. 25-50. Investigation reports; complaint procedure.
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| (a) If the Legislative Inspector General, upon the | 11 |
| conclusion of an
investigation, determines that reasonable | 12 |
| cause exists to believe that a
violation
has occurred, then
the | 13 |
| Legislative Inspector General shall issue a summary report of | 14 |
| the
investigation. The report shall be delivered to the
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| appropriate ultimate jurisdictional
authority , and to the head | 16 |
| of each State
agency
affected by or involved in the | 17 |
| investigation, if appropriate , and to the Legislative Ethics | 18 |
| Commission .
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| (b) The summary report of the investigation shall include | 20 |
| the following:
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| (1) A description of any allegations or other | 22 |
| information
received by the Legislative Inspector General | 23 |
| pertinent to the
investigation.
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| (2) A description of any alleged misconduct discovered | 25 |
| in the
course of the investigation.
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| (3) Recommendations for any corrective or disciplinary
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| action to be taken in response to any alleged misconduct | 3 |
| described in the
report, including but not limited to | 4 |
| discharge.
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| (4) Other information the Legislative Inspector | 6 |
| General
deems relevant to the investigation or resulting | 7 |
| recommendations.
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| (c) Not less than 30 days after delivery of the summary | 9 |
| report of
an
investigation under subsection (a),
if the | 10 |
| Legislative Inspector General desires to file a petition for | 11 |
| leave to
file a
complaint, the Legislative Inspector General | 12 |
| shall notify the Commission and
the
Attorney General.
If the | 13 |
| Attorney General determines
that reasonable cause exists to | 14 |
| believe that a violation has occurred, then the
Legislative | 15 |
| Inspector
General, represented by the Attorney
General, may | 16 |
| file with the Legislative Ethics Commission a petition for
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| leave to file a complaint.
The petition shall set
forth the | 18 |
| alleged violation and the
grounds that exist to support the | 19 |
| petition. The petition for leave to
file a complaint must be | 20 |
| filed with the Commission within 18 months
after the most | 21 |
| recent act of the alleged violation or of a series of alleged
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| violations
except where there is reasonable cause to believe
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| that fraudulent concealment has occurred. To constitute | 24 |
| fraudulent concealment
sufficient to toll this limitations | 25 |
| period, there must be an affirmative act or
representation | 26 |
| calculated to prevent discovery of the fact that a violation |
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| has
occurred.
If a petition for leave to file a complaint is | 2 |
| not filed with the Commission
within 6 months after notice by | 3 |
| the Inspector General to the Commission and the
Attorney | 4 |
| General, then the Commission may set a meeting of the | 5 |
| Commission at
which the Attorney General shall appear and | 6 |
| provide a status
report to the Commission.
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| (d) A copy of the petition must be served on all | 8 |
| respondents named in the
complaint and on each respondent's | 9 |
| ultimate jurisdictional authority in
the same manner as process | 10 |
| is served under the Code of Civil
Procedure.
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| (e) A respondent may file objections to the petition for | 12 |
| leave to
file a complaint within 30 days after notice of the | 13 |
| petition has been
served on the respondent.
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| (f) The Commission shall meet, either in person or by | 15 |
| telephone,
in a closed session to review the sufficiency of the | 16 |
| complaint.
If the Commission finds that complaint is | 17 |
| sufficient, the Commission shall
grant the petition for leave | 18 |
| to file the
complaint.
The Commission shall
issue notice to the | 19 |
| Legislative Inspector General and all respondents of
the | 20 |
| Commission's ruling on the sufficiency of the complaint. If the | 21 |
| complaint
is deemed to
sufficiently allege a violation of this | 22 |
| Act, then the Commission shall notify
the parties and shall
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| include a hearing date scheduled within 4 weeks after the date | 24 |
| of the notice,
unless all of the parties consent to a later | 25 |
| date.
If the complaint is deemed not to sufficiently allege a
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| violation, then
the Commission shall send by certified mail, |
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| return receipt requested,
a notice to the parties of the | 2 |
| decision to dismiss the complaint.
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| (g) On the scheduled date
the Commission shall conduct a | 4 |
| closed meeting,
either in person or, if the parties consent, by | 5 |
| telephone, on the complaint and
allow all
parties the | 6 |
| opportunity to present testimony and evidence.
All such | 7 |
| proceedings shall be transcribed.
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| (h) Within an appropriate time limit set by rules of the | 9 |
| Legislative
Ethics Commission, the Commission shall (i) | 10 |
| dismiss the
complaint or (ii) issue a recommendation of | 11 |
| discipline to the
respondent and the respondent's ultimate | 12 |
| jurisdictional authority or
impose an administrative fine upon | 13 |
| the respondent, or both.
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| (i) The proceedings on any complaint filed with the | 15 |
| Commission
shall be conducted pursuant to rules promulgated by | 16 |
| the Commission.
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| (j) The Commission may designate hearing officers
to | 18 |
| conduct proceedings as determined by rule of the Commission.
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| (k) In all proceedings before the Commission, the standard | 20 |
| of
proof is by a preponderance of the evidence.
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| (l) When the Inspector General concludes that there is | 22 |
| insufficient
evidence that a violation has occurred, the | 23 |
| Inspector General shall close the
investigation. At the request | 24 |
| of the subject of the investigation, the
Inspector
General | 25 |
| shall provide a written statement to the subject of the | 26 |
| investigation
and to the Commission of
the Inspector General's |
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| decision to close the investigation. Closure by the
Inspector | 2 |
| General does not bar the Inspector General from resuming the
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| investigation if circumstances warrant.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 5 |
| (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 | 8 |
| reporting any
possible or alleged
misconduct to the Legislative | 9 |
| Inspector General or the Legislative Ethics
Commission
shall be | 10 |
| kept confidential and may not be disclosed
without the consent | 11 |
| of that individual, unless the individual consents to
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| disclosure of his or her name or disclosure of the individual's | 13 |
| identity is
otherwise required by law. The confidentiality | 14 |
| granted by this subsection does
not preclude the disclosure of | 15 |
| the identity of a person in any capacity other
than as the | 16 |
| source of an allegation.
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| (b) Subject to the provisions of Section 25-50(c), | 18 |
| commissioners, employees,
and agents of the Legislative Ethics
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| Commission, the Legislative Inspector General, and employees | 20 |
| and agents of the
Office of the Legislative Inspector General | 21 |
| shall keep confidential and shall
not disclose information | 22 |
| exempted from disclosure under the
Freedom of Information Act | 23 |
| or by this Act , except as necessary to inform a complainant of | 24 |
| the status of an investigation .
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| (Source: P.A. 93-617, eff. 12-9-03.) |
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| (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 | 4 |
| Act, except Section 5-50, are exempt from the provisions of
the | 5 |
| Freedom
of Information Act.
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| (a-5) Requests from ethics officers, members, and State | 7 |
| employees to the Office of the Legislative Inspector General, a | 8 |
| Special Legislative Inspector General, the Legislative Ethics | 9 |
| Commission, an ethics officer, or a person designated by a | 10 |
| legislative leader for guidance on matters involving the | 11 |
| interpretation or application of this Act or rules promulgated | 12 |
| under this Act are exempt from the provisions of the Freedom of | 13 |
| Information Act. Guidance provided to an ethics officer, | 14 |
| member, or State employee at the request of an ethics officer, | 15 |
| member, or State employee by the Office of the Legislative | 16 |
| Inspector General, a Special Legislative Inspector General, | 17 |
| the Legislative Ethics Commission, an ethics officer, or a | 18 |
| person designated by a legislative leader on matters involving | 19 |
| the interpretation or application of this Act or rules | 20 |
| promulgated under this Act is exempt from the provisions of the | 21 |
| Freedom of Information Act.
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| (b) Any allegations
and related documents
submitted to the | 23 |
| Legislative Inspector General and any pleadings and
related | 24 |
| documents brought before the Legislative Ethics
Commission are | 25 |
| exempt from the provisions of the Freedom of
Information Act so |
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| long as the Legislative Ethics Commission
does not make a | 2 |
| finding of a violation of this Act.
If the Legislative
Ethics | 3 |
| Commission finds that a violation has occurred, the
entire | 4 |
| record of proceedings before the Commission, the decision and
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| recommendation, and the mandatory report from the agency head | 6 |
| or
ultimate jurisdictional authority to the Legislative 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 | 9 |
| exempt from the
Freedom of Information Act must be redacted | 10 |
| before disclosure as provided in
Section 8 of the Freedom of | 11 |
| Information Act.
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| (c) Meetings of the Commission under
Sections 25-5
and | 13 |
| 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 | 16 |
| investigatory files and
reports of the Office of the | 17 |
| Legislative Inspector General, other than
quarterly
reports, | 18 |
| are confidential, are exempt from disclosure
under the Freedom | 19 |
| of Information Act, and shall not be divulged to
any person or | 20 |
| agency, except as necessary (i) to the appropriate law
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| enforcement
authority if the matter is referred pursuant to | 22 |
| this Act, (ii) to the ultimate
jurisdictional authority, or | 23 |
| (iii) to the
Legislative Ethics Commission.
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| (e) The Legislative Ethics Commission may disclose or | 25 |
| publish a summary report issued by the Legislative Inspector | 26 |
| General pursuant to Section 25-50. The Commission's |
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| determination whether to disclose or publish shall be based on | 2 |
| criteria, established by the Commission by rule, that balance | 3 |
| the privacy interest of individual subjects of a report and the | 4 |
| informational needs of the public. | 5 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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