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| Public Act 098-0631 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Officials and Employees Ethics Act is | ||||
amended by changing Section 25-10 as follows: | ||||
(5 ILCS 430/25-10)
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Sec. 25-10. Office of Legislative Inspector General.
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(a) The independent Office of the Legislative Inspector | ||||
General is created.
The Office shall be under the direction and | ||||
supervision of the
Legislative Inspector General and shall be a | ||||
fully independent office with its
own appropriation.
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(b) The Legislative Inspector General shall be appointed | ||||
without regard to
political
affiliation and solely on the basis | ||||
of integrity and
demonstrated ability.
The Legislative Ethics
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Commission shall diligently search out qualified candidates | ||||
for Legislative
Inspector General
and shall make | ||||
recommendations to the General Assembly.
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The Legislative Inspector General shall be appointed by a | ||||
joint resolution of
the
Senate and the House of | ||||
Representatives, which may specify the date on
which the | ||||
appointment takes effect.
A joint resolution, or other document | ||||
as may be specified by the
Joint Rules of the General Assembly, | ||||
appointing the Legislative Inspector
General must be certified | ||||
by
the Speaker
of the House of Representatives and the | ||
President of the Senate as having been
adopted by the
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affirmative vote of three-fifths of the members elected to each | ||
house,
respectively,
and be filed with the Secretary of State.
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The appointment of the Legislative Inspector General takes | ||
effect on the day
the
appointment is completed by the General | ||
Assembly, unless the appointment
specifies a later date on | ||
which it is to become effective.
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The Legislative Inspector General shall have the following | ||
qualifications:
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(1) has not been convicted of any felony under the laws | ||
of this State,
another state, or the United States;
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(2) has earned a baccalaureate degree from an | ||
institution of higher
education; and
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(3) has 5 or more years of cumulative service (A) with | ||
a federal,
State, or
local law enforcement agency, at least | ||
2 years of which have been in a
progressive investigatory | ||
capacity; (B)
as a
federal, State, or local prosecutor; (C)
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as a
senior manager or executive of a federal, State, or | ||
local
agency; (D) as a member, an officer,
or a State
or | ||
federal judge; or (E) representing any combination of (A) | ||
through (D).
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The Legislative Inspector General may not be a relative of | ||
a commissioner.
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The term of the initial Legislative Inspector General shall
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commence upon qualification and shall run through June 30, | ||
2008.
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After the initial term, the Legislative Inspector General | ||
shall serve
for 5-year terms commencing on July 1 of the year | ||
of appointment
and running through June 30 of the fifth | ||
following year. The
Legislative Inspector General may be | ||
reappointed to one or more
subsequent terms.
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A vacancy occurring other than at the end of a term shall | ||
be filled in the
same manner as an appointment only for the | ||
balance of the term of the
Legislative
Inspector General whose | ||
office is vacant. If the Office is vacant, or if a Legislative | ||
Inspector General resigns, the Commission shall designate an | ||
Acting Legislative Inspector General who shall serve until the | ||
vacancy is filled. The Commission shall file the designation in | ||
writing with the Secretary of State.
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Terms shall run regardless of whether the position is | ||
filled.
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(c) The Legislative Inspector General
shall have | ||
jurisdiction over the members of the General Assembly and
all | ||
State employees whose ultimate jurisdictional authority is
(i) | ||
a legislative leader, (ii) the Senate Operations Commission, or | ||
(iii) the
Joint Committee on Legislative Support Services.
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The jurisdiction of each Legislative Inspector General is | ||
to investigate
allegations of fraud, waste, abuse, | ||
mismanagement, misconduct, nonfeasance,
misfeasance,
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malfeasance, or violations of this Act or violations of other | ||
related
laws and rules.
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(d) The compensation of the Legislative Inspector General | ||
shall
be the greater of an amount (i) determined by the | ||
Commission or (ii) by joint
resolution of the General Assembly | ||
passed by a majority of members elected in
each chamber.
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Subject to Section 25-45 of this Act, the Legislative Inspector | ||
General has
full
authority to organize the Office of the | ||
Legislative Inspector General,
including the employment and | ||
determination of the compensation of
staff, such as deputies, | ||
assistants, and other employees, as
appropriations permit. | ||
Employment of staff is subject to the approval of at least 3 of | ||
the 4 legislative leaders.
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(e) No Legislative Inspector General or employee of the | ||
Office of
the Legislative Inspector General may, during his or | ||
her term of appointment or
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 | ||
study commissions or as otherwise expressly authorized by | ||
law;
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(3) be actively involved in the affairs of any | ||
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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In this subsection an appointed public office means a | ||
position authorized by
law that is filled by an appointing | ||
authority as provided by law and does not
include employment by | ||
hiring in the ordinary course of business.
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(e-1) No Legislative Inspector General or employee of the | ||
Office of the
Legislative Inspector General may, for one year | ||
after the termination of his or
her appointment or employment:
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(1) become a candidate for any elective office;
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(2) hold any elected public office; or
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(3) hold any appointed State, county, or local judicial | ||
office.
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(e-2) The requirements of item (3) of subsection (e-1) may | ||
be waived by the
Legislative Ethics Commission.
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(f) The Commission may remove the Legislative Inspector | ||
General only for
cause. At the time of the removal, the | ||
Commission must report to the General
Assembly the | ||
justification for the removal.
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(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 | ||
becoming law. | ||