Full Text of HB4222 101st General Assembly
HB4222 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4222 Introduced 1/27/2020, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7 | from Ch. 116, par. 207 | 230 ILCS 10/5.3 | |
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Amends the Illinois Gambling Act. Instead of prohibiting an employee of the corporate authority of a host community from having financial interests in a riverboat or casino, receive certain things of value from a riverboat or casino, or accept employment from a casino or riverboat, requires the employee to make a public disclosure to the Illinois Gaming Board. Makes conforming changes in the Freedom of Information Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7 as follows: | 6 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 7 | | Sec. 7. Exemptions.
| 8 | | (1) When a request is made to inspect or copy a public | 9 | | record that contains information that is exempt from disclosure | 10 | | under this Section, but also contains information that is not | 11 | | exempt from disclosure, the public body may elect to redact the | 12 | | information that is exempt. The public body shall make the | 13 | | remaining information available for inspection and copying. | 14 | | Subject to this requirement, the following shall be exempt from | 15 | | inspection and copying:
| 16 | | (a) Information specifically prohibited from | 17 | | disclosure by federal or
State law or rules and regulations | 18 | | implementing federal or State law.
| 19 | | (b) Private information, unless disclosure is required | 20 | | by another provision of this Act, a State or federal law or | 21 | | a court order. | 22 | | (b-5) Files, documents, and other data or databases | 23 | | maintained by one or more law enforcement agencies and |
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| 1 | | specifically designed to provide information to one or more | 2 | | law enforcement agencies regarding the physical or mental | 3 | | status of one or more individual subjects. | 4 | | (c) Personal information contained within public | 5 | | records, the disclosure of which would constitute a clearly
| 6 | | unwarranted invasion of personal privacy, unless the | 7 | | disclosure is
consented to in writing by the individual | 8 | | subjects of the information. "Unwarranted invasion of | 9 | | personal privacy" means the disclosure of information that | 10 | | is highly personal or objectionable to a reasonable person | 11 | | and in which the subject's right to privacy outweighs any | 12 | | legitimate public interest in obtaining the information. | 13 | | The
disclosure of information that bears on the public | 14 | | duties of public
employees and officials shall not be | 15 | | considered an invasion of personal
privacy.
| 16 | | (d) Records in the possession of any public body | 17 | | created in the course of administrative enforcement
| 18 | | proceedings, and any law enforcement or correctional | 19 | | agency for
law enforcement purposes,
but only to the extent | 20 | | that disclosure would:
| 21 | | (i) interfere with pending or actually and | 22 | | reasonably contemplated
law enforcement proceedings | 23 | | conducted by any law enforcement or correctional
| 24 | | agency that is the recipient of the request;
| 25 | | (ii) interfere with active administrative | 26 | | enforcement proceedings
conducted by the public body |
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| 1 | | that is the recipient of the request;
| 2 | | (iii) create a substantial likelihood that a | 3 | | person will be deprived of a fair trial or an impartial | 4 | | hearing;
| 5 | | (iv) unavoidably disclose the identity of a | 6 | | confidential source, confidential information | 7 | | furnished only by the confidential source, or persons | 8 | | who file complaints with or provide information to | 9 | | administrative, investigative, law enforcement, or | 10 | | penal agencies; except that the identities of | 11 | | witnesses to traffic accidents, traffic accident | 12 | | reports, and rescue reports shall be provided by | 13 | | agencies of local government, except when disclosure | 14 | | would interfere with an active criminal investigation | 15 | | conducted by the agency that is the recipient of the | 16 | | request;
| 17 | | (v) disclose unique or specialized investigative | 18 | | techniques other than
those generally used and known or | 19 | | disclose internal documents of
correctional agencies | 20 | | related to detection, observation or investigation of
| 21 | | incidents of crime or misconduct, and disclosure would | 22 | | result in demonstrable harm to the agency or public | 23 | | body that is the recipient of the request;
| 24 | | (vi) endanger the life or physical safety of law | 25 | | enforcement personnel
or any other person; or
| 26 | | (vii) obstruct an ongoing criminal investigation |
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| 1 | | by the agency that is the recipient of the request.
| 2 | | (d-5) A law enforcement record created for law | 3 | | enforcement purposes and contained in a shared electronic | 4 | | record management system if the law enforcement agency that | 5 | | is the recipient of the request did not create the record, | 6 | | did not participate in or have a role in any of the events | 7 | | which are the subject of the record, and only has access to | 8 | | the record through the shared electronic record management | 9 | | system. | 10 | | (e) Records that relate to or affect the security of | 11 | | correctional
institutions and detention facilities.
| 12 | | (e-5) Records requested by persons committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail if those | 15 | | materials are available in the library of the correctional | 16 | | institution or facility or jail where the inmate is | 17 | | confined. | 18 | | (e-6) Records requested by persons committed to the | 19 | | Department of Corrections, Department of Human Services | 20 | | Division of Mental Health, or a county jail if those | 21 | | materials include records from staff members' personnel | 22 | | files, staff rosters, or other staffing assignment | 23 | | information. | 24 | | (e-7) Records requested by persons committed to the | 25 | | Department of Corrections or Department of Human Services | 26 | | Division of Mental Health if those materials are available |
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| 1 | | through an administrative request to the Department of | 2 | | Corrections or Department of Human Services Division of | 3 | | Mental Health. | 4 | | (e-8) Records requested by a person committed to the | 5 | | Department of Corrections, Department of Human Services | 6 | | Division of Mental Health, or a county jail, the disclosure | 7 | | of which would result in the risk of harm to any person or | 8 | | the risk of an escape from a jail or correctional | 9 | | institution or facility. | 10 | | (e-9) Records requested by a person in a county jail or | 11 | | committed to the Department of Corrections or Department of | 12 | | Human Services Division of Mental Health, containing | 13 | | personal information pertaining to the person's victim or | 14 | | the victim's family, including, but not limited to, a | 15 | | victim's home address, home telephone number, work or | 16 | | school address, work telephone number, social security | 17 | | number, or any other identifying information, except as may | 18 | | be relevant to a requester's current or potential case or | 19 | | claim. | 20 | | (e-10) Law enforcement records of other persons | 21 | | requested by a person committed to the Department of | 22 | | Corrections, Department of Human Services Division of | 23 | | Mental Health, or a county jail, including, but not limited | 24 | | to, arrest and booking records, mug shots, and crime scene | 25 | | photographs, except as these records may be relevant to the | 26 | | requester's current or potential case or claim. |
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| 1 | | (f) Preliminary drafts, notes, recommendations, | 2 | | memoranda and other
records in which opinions are | 3 | | expressed, or policies or actions are
formulated, except | 4 | | that a specific record or relevant portion of a
record | 5 | | shall not be exempt when the record is publicly cited
and | 6 | | identified by the head of the public body. The exemption | 7 | | provided in
this paragraph (f) extends to all those records | 8 | | of officers and agencies
of the General Assembly that | 9 | | pertain to the preparation of legislative
documents.
| 10 | | (g) Trade secrets and commercial or financial | 11 | | information obtained from
a person or business where the | 12 | | trade secrets or commercial or financial information are | 13 | | furnished under a claim that they are
proprietary, | 14 | | privileged , or confidential, and that disclosure of the | 15 | | trade
secrets or commercial or financial information would | 16 | | cause competitive harm to the person or business, and only | 17 | | insofar as the claim directly applies to the records | 18 | | requested. | 19 | | The information included under this exemption includes | 20 | | all trade secrets and commercial or financial information | 21 | | obtained by a public body, including a public pension fund, | 22 | | from a private equity fund or a privately held company | 23 | | within the investment portfolio of a private equity fund as | 24 | | a result of either investing or evaluating a potential | 25 | | investment of public funds in a private equity fund. The | 26 | | exemption contained in this item does not apply to the |
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| 1 | | aggregate financial performance information of a private | 2 | | equity fund, nor to the identity of the fund's managers or | 3 | | general partners. The exemption contained in this item does | 4 | | not apply to the identity of a privately held company | 5 | | within the investment portfolio of a private equity fund, | 6 | | unless the disclosure of the identity of a privately held | 7 | | company may cause competitive harm. | 8 | | Nothing contained in this
paragraph (g) shall be | 9 | | construed to prevent a person or business from
consenting | 10 | | to disclosure.
| 11 | | (h) Proposals and bids for any contract, grant, or | 12 | | agreement, including
information which if it were | 13 | | disclosed would frustrate procurement or give
an advantage | 14 | | to any person proposing to enter into a contractor | 15 | | agreement
with the body, until an award or final selection | 16 | | is made. Information
prepared by or for the body in | 17 | | preparation of a bid solicitation shall be
exempt until an | 18 | | award or final selection is made.
| 19 | | (i) Valuable formulae,
computer geographic systems,
| 20 | | designs, drawings and research data obtained or
produced by | 21 | | any public body when disclosure could reasonably be | 22 | | expected to
produce private gain or public loss.
The | 23 | | exemption for "computer geographic systems" provided in | 24 | | this paragraph
(i) does not extend to requests made by news | 25 | | media as defined in Section 2 of
this Act when the | 26 | | requested information is not otherwise exempt and the only
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| 1 | | purpose of the request is to access and disseminate | 2 | | information regarding the
health, safety, welfare, or | 3 | | legal rights of the general public.
| 4 | | (j) The following information pertaining to | 5 | | educational matters: | 6 | | (i) test questions, scoring keys and other | 7 | | examination data used to
administer an academic | 8 | | examination;
| 9 | | (ii) information received by a primary or | 10 | | secondary school, college, or university under its | 11 | | procedures for the evaluation of faculty members by | 12 | | their academic peers; | 13 | | (iii) information concerning a school or | 14 | | university's adjudication of student disciplinary | 15 | | cases, but only to the extent that disclosure would | 16 | | unavoidably reveal the identity of the student; and | 17 | | (iv) course materials or research materials used | 18 | | by faculty members. | 19 | | (k) Architects' plans, engineers' technical | 20 | | submissions, and
other
construction related technical | 21 | | documents for
projects not constructed or developed in | 22 | | whole or in part with public funds
and the same for | 23 | | projects constructed or developed with public funds, | 24 | | including , but not limited to , power generating and | 25 | | distribution stations and other transmission and | 26 | | distribution facilities, water treatment facilities, |
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| 1 | | airport facilities, sport stadiums, convention centers, | 2 | | and all government owned, operated, or occupied buildings, | 3 | | but
only to the extent
that disclosure would compromise | 4 | | security.
| 5 | | (l) Minutes of meetings of public bodies closed to the
| 6 | | public as provided in the Open Meetings Act until the | 7 | | public body
makes the minutes available to the public under | 8 | | Section 2.06 of the Open
Meetings Act.
| 9 | | (m) Communications between a public body and an | 10 | | attorney or auditor
representing the public body that would | 11 | | not be subject to discovery in
litigation, and materials | 12 | | prepared or compiled by or for a public body in
| 13 | | anticipation of a criminal, civil , or administrative | 14 | | proceeding upon the
request of an attorney advising the | 15 | | public body, and materials prepared or
compiled with | 16 | | respect to internal audits of public bodies.
| 17 | | (n) Records relating to a public body's adjudication of | 18 | | employee grievances or disciplinary cases; however, this | 19 | | exemption shall not extend to the final outcome of cases in | 20 | | which discipline is imposed.
| 21 | | (o) Administrative or technical information associated | 22 | | with automated
data processing operations, including , but | 23 | | not limited to , software,
operating protocols, computer | 24 | | program abstracts, file layouts, source
listings, object | 25 | | modules, load modules, user guides, documentation
| 26 | | pertaining to all logical and physical design of |
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| 1 | | computerized systems,
employee manuals, and any other | 2 | | information that, if disclosed, would
jeopardize the | 3 | | security of the system or its data or the security of
| 4 | | materials exempt under this Section.
| 5 | | (p) Records relating to collective negotiating matters
| 6 | | between public bodies and their employees or | 7 | | representatives, except that
any final contract or | 8 | | agreement shall be subject to inspection and copying.
| 9 | | (q) Test questions, scoring keys, and other | 10 | | examination data used to determine the qualifications of an | 11 | | applicant for a license or employment.
| 12 | | (r) The records, documents, and information relating | 13 | | to real estate
purchase negotiations until those | 14 | | negotiations have been completed or
otherwise terminated. | 15 | | With regard to a parcel involved in a pending or
actually | 16 | | and reasonably contemplated eminent domain proceeding | 17 | | under the Eminent Domain Act, records, documents , and
| 18 | | information relating to that parcel shall be exempt except | 19 | | as may be
allowed under discovery rules adopted by the | 20 | | Illinois Supreme Court. The
records, documents , and | 21 | | information relating to a real estate sale shall be
exempt | 22 | | until a sale is consummated.
| 23 | | (s) Any and all proprietary information and records | 24 | | related to the
operation of an intergovernmental risk | 25 | | management association or
self-insurance pool or jointly | 26 | | self-administered health and accident
cooperative or pool.
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| 1 | | Insurance or self insurance (including any | 2 | | intergovernmental risk management association or self | 3 | | insurance pool) claims, loss or risk management | 4 | | information, records, data, advice or communications.
| 5 | | (t) Information contained in or related to | 6 | | examination, operating, or
condition reports prepared by, | 7 | | on behalf of, or for the use of a public
body responsible | 8 | | for the regulation or supervision of financial
| 9 | | institutions, insurance companies, or pharmacy benefit | 10 | | managers, unless disclosure is otherwise
required by State | 11 | | law.
| 12 | | (u) Information that would disclose
or might lead to | 13 | | the disclosure of
secret or confidential information, | 14 | | codes, algorithms, programs, or private
keys intended to be | 15 | | used to create electronic or digital signatures under the
| 16 | | Electronic Commerce Security Act.
| 17 | | (v) Vulnerability assessments, security measures, and | 18 | | response policies
or plans that are designed to identify, | 19 | | prevent, or respond to potential
attacks upon a community's | 20 | | population or systems, facilities, or installations,
the | 21 | | destruction or contamination of which would constitute a | 22 | | clear and present
danger to the health or safety of the | 23 | | community, but only to the extent that
disclosure could | 24 | | reasonably be expected to jeopardize the effectiveness of | 25 | | the
measures or the safety of the personnel who implement | 26 | | them or the public.
Information exempt under this item may |
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| 1 | | include such things as details
pertaining to the | 2 | | mobilization or deployment of personnel or equipment, to | 3 | | the
operation of communication systems or protocols, or to | 4 | | tactical operations.
| 5 | | (w) (Blank). | 6 | | (x) Maps and other records regarding the location or | 7 | | security of generation, transmission, distribution, | 8 | | storage, gathering,
treatment, or switching facilities | 9 | | owned by a utility, by a power generator, or by the | 10 | | Illinois Power Agency.
| 11 | | (y) Information contained in or related to proposals, | 12 | | bids, or negotiations related to electric power | 13 | | procurement under Section 1-75 of the Illinois Power Agency | 14 | | Act and Section 16-111.5 of the Public Utilities Act that | 15 | | is determined to be confidential and proprietary by the | 16 | | Illinois Power Agency or by the Illinois Commerce | 17 | | Commission.
| 18 | | (z) Information about students exempted from | 19 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 20 | | School Code, and information about undergraduate students | 21 | | enrolled at an institution of higher education exempted | 22 | | from disclosure under Section 25 of the Illinois Credit | 23 | | Card Marketing Act of 2009. | 24 | | (aa) Information the disclosure of which is
exempted | 25 | | under the Viatical Settlements Act of 2009.
| 26 | | (bb) Records and information provided to a mortality |
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| 1 | | review team and records maintained by a mortality review | 2 | | team appointed under the Department of Juvenile Justice | 3 | | Mortality Review Team Act. | 4 | | (cc) Information regarding interments, entombments, or | 5 | | inurnments of human remains that are submitted to the | 6 | | Cemetery Oversight Database under the Cemetery Care Act or | 7 | | the Cemetery Oversight Act, whichever is applicable. | 8 | | (dd) Correspondence and records (i) that may not be | 9 | | disclosed under Section 11-9 of the Illinois Public Aid | 10 | | Code or (ii) that pertain to appeals under Section 11-8 of | 11 | | the Illinois Public Aid Code. | 12 | | (ee) The names, addresses, or other personal | 13 | | information of persons who are minors and are also | 14 | | participants and registrants in programs of park | 15 | | districts, forest preserve districts, conservation | 16 | | districts, recreation agencies, and special recreation | 17 | | associations. | 18 | | (ff) The names, addresses, or other personal | 19 | | information of participants and registrants in programs of | 20 | | park districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations where such programs are targeted primarily to | 23 | | minors. | 24 | | (gg) Confidential information described in Section | 25 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 26 | | (hh) The report submitted to the State Board of |
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| 1 | | Education by the School Security and Standards Task Force | 2 | | under item (8) of subsection (d) of Section 2-3.160 of the | 3 | | School Code and any information contained in that report. | 4 | | (ii) Records requested by persons committed to or | 5 | | detained by the Department of Human Services under the | 6 | | Sexually Violent Persons Commitment Act or committed to the | 7 | | Department of Corrections under the Sexually Dangerous | 8 | | Persons Act if those materials: (i) are available in the | 9 | | library of the facility where the individual is confined; | 10 | | (ii) include records from staff members' personnel files, | 11 | | staff rosters, or other staffing assignment information; | 12 | | or (iii) are available through an administrative request to | 13 | | the Department of Human Services or the Department of | 14 | | Corrections. | 15 | | (jj) Confidential information described in Section | 16 | | 5-535 of the Civil Administrative Code of Illinois. | 17 | | (kk) The public body's credit card numbers, debit card | 18 | | numbers, bank account numbers, Federal Employer | 19 | | Identification Number, security code numbers, passwords, | 20 | | and similar account information, the disclosure of which | 21 | | could result in identity theft or impression or defrauding | 22 | | of a governmental entity or a person. | 23 | | (ll) (kk) Records concerning the work of the threat | 24 | | assessment team of a school district. | 25 | | (mm) The public disclosures to the Illinois Gaming | 26 | | Board required under subsection (j-1) of Section 5.3 of the |
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| 1 | | Illinois Gambling Act. | 2 | | (1.5) Any information exempt from disclosure under the | 3 | | Judicial Privacy Act shall be redacted from public records | 4 | | prior to disclosure under this Act. | 5 | | (2) A public record that is not in the possession of a | 6 | | public body but is in the possession of a party with whom the | 7 | | agency has contracted to perform a governmental function on | 8 | | behalf of the public body, and that directly relates to the | 9 | | governmental function and is not otherwise exempt under this | 10 | | Act, shall be considered a public record of the public body, | 11 | | for purposes of this Act. | 12 | | (3) This Section does not authorize withholding of | 13 | | information or limit the
availability of records to the public, | 14 | | except as stated in this Section or
otherwise provided in this | 15 | | Act.
| 16 | | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | 17 | | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | 18 | | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.) | 19 | | Section 10. The Illinois Gambling Act is amended by | 20 | | changing Section 5.3 as follows: | 21 | | (230 ILCS 10/5.3) | 22 | | Sec. 5.3. Ethical conduct. | 23 | | (a) Officials and employees of the corporate authority of a | 24 | | host community must carry out their duties and responsibilities |
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| 1 | | in such a manner as to promote and preserve public trust and | 2 | | confidence in the integrity and conduct of gaming. | 3 | | (b) Officials and employees of the corporate authority of a | 4 | | host community shall not use or attempt to use his or her | 5 | | official position to secure or attempt to secure any privilege, | 6 | | advantage, favor, or influence for himself or herself or | 7 | | others. | 8 | | (c) Officials and employees of the corporate authority of a | 9 | | host community may not have a financial interest, directly or | 10 | | indirectly, in his or her own name or in the name of any other | 11 | | person, partnership, association, trust, corporation, or other | 12 | | entity in any contract or subcontract for the performance of | 13 | | any work for a riverboat or casino that is located in the host | 14 | | community. This prohibition shall extend to the holding or | 15 | | acquisition of an interest in any entity identified by Board | 16 | | action that, in the Board's judgment, could represent the | 17 | | potential for or the appearance of a financial interest. The | 18 | | holding or acquisition of an interest in such entities through | 19 | | an indirect means, such as through a mutual fund, shall not be | 20 | | prohibited, except that the Board may identify specific | 21 | | investments or funds that, in its judgment, are so influenced | 22 | | by gaming holdings as to represent the potential for or the | 23 | | appearance of a conflict of interest. | 24 | | (d) Officials and employees of the corporate authority of a | 25 | | host community may not accept any gift, gratuity, service, | 26 | | compensation, travel, lodging, or thing of value, with the |
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| 1 | | exception of unsolicited items of an incidental nature, from | 2 | | any person, corporation, or entity doing business with the | 3 | | riverboat or casino that is located in the host community. | 4 | | (e) Officials and employees of the corporate authority of a | 5 | | host community shall not, during the period that the person is | 6 | | an official or employee of the corporate authority or for a | 7 | | period of 2 years immediately after leaving such office, | 8 | | knowingly accept employment or receive compensation or fees for | 9 | | services from a person or entity, or its parent or affiliate, | 10 | | that has engaged in business with the riverboat or casino that | 11 | | is located in the host community that resulted in contracts | 12 | | with an aggregate value of at least $25,000 or if that official | 13 | | or employee has made a decision that directly applied to the | 14 | | person or entity, or its parent or affiliate. | 15 | | (f) A spouse, child, or parent of an official or employee | 16 | | of the corporate authority of a host community may not have a | 17 | | financial interest, directly or indirectly, in his or her own | 18 | | name or in the name of any other person, partnership, | 19 | | association, trust, corporation, or other entity in any | 20 | | contract or subcontract for the performance of any work for a | 21 | | riverboat or casino in the host community. This prohibition | 22 | | shall extend to the holding or acquisition of an interest in | 23 | | any entity identified by Board action that, in the judgment of | 24 | | the Board, could represent the potential for or the appearance | 25 | | of a conflict of interest. The holding or acquisition of an | 26 | | interest in such entities through an indirect means, such as |
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| 1 | | through a mutual fund, shall not be prohibited, expect that the | 2 | | Board may identify specific investments or funds that, in its | 3 | | judgment, are so influenced by gaming holdings as to represent | 4 | | the potential for or the appearance of a conflict of interest. | 5 | | (g) A spouse, child, or parent of an official or employee | 6 | | of the corporate authority of a host community may not accept | 7 | | any gift, gratuity, service, compensation, travel, lodging, or | 8 | | thing of value, with the exception of unsolicited items of an | 9 | | incidental nature, from any person, corporation, or entity | 10 | | doing business with the riverboat or casino that is located in | 11 | | the host community. | 12 | | (h) A spouse, child, or parent of an official or employee | 13 | | of the corporate authority of a host community may not, during | 14 | | the period that the person is an official of the corporate | 15 | | authority or for a period of 2 years immediately after leaving | 16 | | such office or employment, knowingly accept employment or | 17 | | receive compensation or fees for services from a person or | 18 | | entity, or its parent or affiliate, that has engaged in | 19 | | business with the riverboat or casino that is located in the | 20 | | host community that resulted in contracts with an aggregate | 21 | | value of at least $25,000 or if that official or employee has | 22 | | made a decision that directly applied to the person or entity, | 23 | | or its parent or affiliate. | 24 | | (i) Officials and employees of the corporate authority of a | 25 | | host community shall not attempt, in any way, to influence any | 26 | | person or entity doing business with the riverboat or casino |
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| 1 | | that is located in the host community or any officer, agent, or | 2 | | employee thereof to hire or contract with any person or entity | 3 | | for any compensated work. | 4 | | (j) Any communication between an official of the corporate | 5 | | authority of a host community and any applicant for an owners | 6 | | license in the host community, or an officer, director, or | 7 | | employee of a riverboat or casino in the host community, | 8 | | concerning any matter relating in any way to gaming shall be | 9 | | disclosed to the Board. Such disclosure shall be in writing by | 10 | | the official within 30 days after the communication and shall | 11 | | be filed with the Board. Disclosure must consist of the date of | 12 | | the communication, the identity and job title of the person | 13 | | with whom the communication was made, a brief summary of the | 14 | | communication, the action requested or recommended, all | 15 | | responses made, the identity and job title of the person making | 16 | | the response, and any other pertinent information. Public | 17 | | disclosure of the written summary provided to the Board and the | 18 | | Gaming Board shall be subject to the exemptions provided under | 19 | | the Freedom of Information Act. | 20 | | This subsection (j) shall not apply to communications | 21 | | regarding traffic, law enforcement, security, environmental | 22 | | issues, city services, transportation, or other routine | 23 | | matters concerning the ordinary operations of the riverboat or | 24 | | casino. For purposes of this subsection (j), "ordinary | 25 | | operations" means operations relating to the casino or | 26 | | riverboat facility other than the conduct of gambling |
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| 1 | | activities, and "routine matters" includes the application | 2 | | for, issuance of, renewal of, and other processes associated | 3 | | with municipal permits and licenses. | 4 | | (j-1) Any employee of the corporate authority of a host | 5 | | community who has, within the previous calendar year, committed | 6 | | conduct of the types enumerated in subsections (c) and (d) must | 7 | | by January 31 of the following calendar year file a description | 8 | | of this conduct with the Board. Public disclosure of the | 9 | | description provided to the Board shall be subject to the | 10 | | exemptions provided under the Freedom of Information Act. | 11 | | Any former employee of the corporate authority of a host | 12 | | community who has, within the previous calendar year, committed | 13 | | conduct of the types enumerated in subsection (e) must by | 14 | | January 31 of the following calendar year file a description of | 15 | | this conduct with the Board. Public disclosure of the | 16 | | description provided to the Board shall be subject to the | 17 | | exemptions provided under the Freedom of Information Act. | 18 | | Any spouse, child, or parent of an employee of the | 19 | | corporate authority of a host community who has, within the | 20 | | previous calendar year, committed conduct of the types | 21 | | enumerated in subsections (f), (g), and (h) must by January 31 | 22 | | of the following calendar year file a description of this | 23 | | conduct with the Board. Public disclosure of the description | 24 | | provided to the Board shall be subject to the exemptions | 25 | | provided under the Freedom of Information Act. | 26 | | (k) Any official or employee who violates any provision of |
| | | HB4222 | - 21 - | LRB101 14817 SMS 63784 b |
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| 1 | | this Section is guilty of a Class 4 felony. | 2 | | (l) For purposes of this Section : , "host community" | 3 | | "Employee of the corporate authority of a host community" | 4 | | means an employee of the corporate authority of a host | 5 | | community who is not an official of the corporate authority of | 6 | | a host community. | 7 | | "Host community" or "host municipality" means a unit of | 8 | | local government that contains a riverboat or casino within its | 9 | | borders. | 10 | | "Official of the corporate authority of a host community" | 11 | | means a person who is: (1) an elected official of the corporate | 12 | | authority of a host community or (2) a department head or | 13 | | executive official of a host community.
| 14 | | (Source: P.A. 101-31, eff. 6-28-19.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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