103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4886

 

Introduced 2/7/2024, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-95

    Amends the State Officials and Employees Ethics Act. Provides that an Executive Inspector General may issue a public statement when the Executive Inspector General concludes its investigation and (i) recommends systemic or procedural action based on the investigation or (ii) finds reasonable cause to believe that a violation has occurred and the Executive Inspector General believes that a complaint concerning the investigation should not be filed by the Attorney General with the Executive Ethics Commission. Limits the scope of a public statement that may be issued. Provides that, before issuing a public statement, the Executive Inspector General shall share the public statement with the agency head and ultimate jurisdictional authority affected by the investigation and allow the agency head and ultimate jurisdictional authority affected by the investigation a period of 10 business days to provide the Executive Inspector General with a response to the proposed public statement, which must be included with the public statement. Effective immediately.


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A BILL FOR

 

HB4886LRB103 37205 MXP 67324 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 Section 20-95 as follows:
 
6    (5 ILCS 430/20-95)
7    Sec. 20-95. Exemptions.
8    (a) Documents generated by an ethics officer under this
9Act, except Section 5-50, are exempt from the provisions of
10the Freedom of Information Act.
11    (b) Any allegations and related documents submitted to an
12Executive Inspector General and any pleadings and related
13documents brought before the Executive Ethics Commission are
14exempt from the provisions of the Freedom of Information Act
15so long as the Executive Ethics Commission does not make a
16finding of a violation of this Act. If the Executive Ethics
17Commission finds that a violation has occurred, the entire
18record of proceedings before the Commission, the decision and
19recommendation, and the response from the agency head or
20ultimate jurisdictional authority to the Executive Ethics
21Commission are not exempt from the provisions of the Freedom
22of Information Act but information contained therein that is
23otherwise exempt from the Freedom of Information Act must be

 

 

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1redacted before disclosure as provided in the Freedom of
2Information Act. A summary report released by the Executive
3Ethics Commission under Section 20-52 is a public record, but
4information redacted by the Executive Ethics Commission shall
5not be part of the public record.
6    (c) Meetings of the Commission are exempt from the
7provisions of the Open Meetings Act.
8    (d) Unless otherwise provided in this Act, all
9investigatory files and reports of the Office of an Executive
10Inspector General, other than monthly reports required under
11Section 20-85, are confidential and privileged, are exempt
12from disclosure under the Freedom of Information Act, and
13shall not be divulged to any person or agency, except as
14necessary (i) to a law enforcement authority, (ii) to the
15ultimate jurisdictional authority, (iii) to the Executive
16Ethics Commission, (iv) to another Inspector General appointed
17pursuant to this Act, or (v) to an Inspector General appointed
18or employed by a Regional Transit Board in accordance with
19Section 75-10.
20    (e) An Executive Inspector General may issue a public
21statement when the Executive Inspector General concludes its
22investigation and (i) recommends systemic or procedural action
23based on the investigation or (ii) finds reasonable cause to
24believe that a violation has occurred and the Executive
25Inspector General believes that a complaint concerning the
26investigation should not be filed by the Attorney General with

 

 

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1the Executive Ethics Commission.
2    Public statements may summarize, without disclosing the
3name of any individual who was the subject of such
4investigation: (i) the nature of the allegation or complaint;
5(ii) any specific violations found, or the basis for any
6conclusion that systemic or procedural issues exist; and (iii)
7the Executive Inspector General's recommendations for
8discipline or other corrective measures.
9    Before issuing a public statement, the Executive Inspector
10General shall share the public statement with the agency head
11and ultimate jurisdictional authority affected by the
12investigation and allow the agency head and ultimate
13jurisdictional authority affected by the investigation a
14period of 10 business days to provide the Executive Inspector
15General with a response to the proposed public statement,
16which must be included with the public statement.
17(Source: P.A. 102-664, eff. 1-1-22.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.