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09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| election to such Commission or Board.
|
2 |
| (d) Persons whose appointment to office is subject to |
3 |
| confirmation by
the Senate.
|
4 |
| (e) Holders of, and candidates for nomination or |
5 |
| election to, the office
of judge or associate judge of the |
6 |
| Circuit Court and the office of judge of
the Appellate or |
7 |
| Supreme Court.
|
8 |
| (f) Persons who are employed by any branch, agency, |
9 |
| authority or board
of the government of this State, |
10 |
| including but not limited to, the Illinois
State Toll |
11 |
| Highway Authority, the Illinois Housing Development |
12 |
| Authority,
the Illinois Community College Board, and |
13 |
| institutions under the
jurisdiction of the Board of |
14 |
| Trustees
of the University of Illinois, Board of Trustees |
15 |
| of Southern Illinois
University, Board of Trustees of |
16 |
| Chicago State University,
Board of Trustees of Eastern |
17 |
| Illinois University, Board of Trustees of
Governor's State |
18 |
| University, Board of Trustees of Illinois State |
19 |
| University,
Board of Trustees of Northeastern Illinois |
20 |
| University, Board of Trustees of
Northern Illinois |
21 |
| University, Board of Trustees of Western Illinois
|
22 |
| University, or Board of Trustees of the Illinois |
23 |
| Mathematics and Science
Academy, and are compensated for |
24 |
| services as employees and not as
independent contractors |
25 |
| and who:
|
26 |
| (1) are, or function as, the head of a department, |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| commission, board,
division, bureau, authority or |
2 |
| other administrative unit within the
government of |
3 |
| this State, or who exercise similar authority within |
4 |
| the
government of this State;
|
5 |
| (2) have direct supervisory authority over, or |
6 |
| direct responsibility for
the formulation, |
7 |
| negotiation, issuance or execution of contracts |
8 |
| entered into
by the State in the amount of $5,000 or |
9 |
| more;
|
10 |
| (3) have authority for the issuance or |
11 |
| promulgation of rules and
regulations within areas |
12 |
| under the authority of the State;
|
13 |
| (4) have authority for the approval of |
14 |
| professional licenses;
|
15 |
| (5) have responsibility with respect to the |
16 |
| financial inspection
of regulated nongovernmental |
17 |
| entities;
|
18 |
| (6) adjudicate, arbitrate, or decide any judicial |
19 |
| or administrative
proceeding, or review the |
20 |
| adjudication, arbitration or decision of any judicial
|
21 |
| or administrative proceeding within the authority of |
22 |
| the State;
|
23 |
| (7) have supervisory responsibility for 20 or more |
24 |
| employees of the
State; or
|
25 |
| (8) negotiate, assign, authorize, or grant naming |
26 |
| rights or sponsorship rights regarding any property or |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| asset of the State, whether real, personal, tangible, |
2 |
| or intangible ; or .
|
3 |
| (9) have responsibility with respect to the |
4 |
| procurement of goods or services. |
5 |
| (g) Persons who are elected to office in a unit of |
6 |
| local government,
and candidates for nomination or |
7 |
| election to that office, including regional
|
8 |
| superintendents of school districts.
|
9 |
| (h) Persons appointed to the governing board of a unit |
10 |
| of local
government, or of a special district, and persons |
11 |
| appointed to a zoning
board, or zoning board of appeals, or |
12 |
| to a regional, county, or municipal
plan commission, or to |
13 |
| a board of review of any county, and persons
appointed to |
14 |
| the Board of the Metropolitan Pier and Exposition Authority
|
15 |
| and any Trustee appointed under Section 22 of the |
16 |
| Metropolitan Pier and
Exposition Authority Act, and |
17 |
| persons appointed to a board or commission of
a unit of |
18 |
| local government who have authority to authorize the |
19 |
| expenditure of
public funds. This subsection does not apply |
20 |
| to members of boards or
commissions who function in an |
21 |
| advisory capacity.
|
22 |
| (i) Persons who are employed by a unit of local |
23 |
| government and are
compensated for services as employees |
24 |
| and not as independent contractors and
who:
|
25 |
| (1) are, or function as, the head of a department, |
26 |
| division, bureau,
authority or other administrative |
|
|
|
09600SB0054ham001 |
- 5 - |
LRB096 04477 JAM 27218 a |
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|
1 |
| unit within the unit of local
government, or who |
2 |
| exercise similar authority within the unit of local
|
3 |
| government;
|
4 |
| (2) have direct supervisory authority over, or |
5 |
| direct responsibility for
the formulation, |
6 |
| negotiation, issuance or execution of contracts |
7 |
| entered into
by the unit of local government in the |
8 |
| amount of $1,000 or greater;
|
9 |
| (3) have authority to approve licenses
and permits |
10 |
| by the unit of local government; this item does not |
11 |
| include
employees who function in a ministerial |
12 |
| capacity;
|
13 |
| (4) adjudicate, arbitrate, or decide any judicial |
14 |
| or administrative
proceeding, or review the |
15 |
| adjudication, arbitration or decision of any judicial
|
16 |
| or administrative proceeding within the authority of |
17 |
| the unit of local
government;
|
18 |
| (5) have authority to issue or promulgate rules and |
19 |
| regulations within
areas under the authority of the |
20 |
| unit of local government; or
|
21 |
| (6) have supervisory responsibility for 20 or more |
22 |
| employees of the
unit of local government.
|
23 |
| (j) Persons on the Board of Trustees of the Illinois |
24 |
| Mathematics and
Science Academy.
|
25 |
| (k) Persons employed by a school district in positions |
26 |
| that
require that
person to hold an administrative or a |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| chief school business official
endorsement.
|
2 |
| (l) Special government agents. A "special government |
3 |
| agent" is a
person who is directed, retained, designated, |
4 |
| appointed, or
employed, with or without compensation, by or |
5 |
| on behalf of a
statewide executive branch constitutional |
6 |
| officer to make an ex
parte communication under Section |
7 |
| 5-50 of the State Officials and
Employees Ethics Act or |
8 |
| Section 5-165 of the Illinois
Administrative Procedure |
9 |
| Act.
|
10 |
| (m) Members of the board of commissioners of any flood |
11 |
| prevention district. |
12 |
| (n) Members of the board of any retirement system or |
13 |
| investment board established under the Illinois Pension |
14 |
| Code, if not required to file under any other provision of |
15 |
| this Section. |
16 |
| (o) Members of the board of any pension fund |
17 |
| established under the Illinois Pension Code, if not |
18 |
| required to file under any other provision of this Section. |
19 |
| This Section shall not be construed to prevent any unit of |
20 |
| local government
from enacting financial disclosure |
21 |
| requirements that mandate
more information
than required by |
22 |
| this Act.
|
23 |
| (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
|
24 |
| Section 10. The State Officials and Employees Ethics Act is |
25 |
| amended by changing Sections 1-5, 5-10, 5-30, 5-40, 5-45, 15-5, |
|
|
|
09600SB0054ham001 |
- 7 - |
LRB096 04477 JAM 27218 a |
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1 |
| 15-25, 20-5, 20-10, 20-20, 20-21, 20-45, 20-50, 20-55, 20-60, |
2 |
| 20-65, 20-70, 20-80, 20-85, 20-90, 20-95, 25-5, 25-20, 25-50, |
3 |
| 25-65, 25-95, 35-5, and 50-5 and by adding Sections 20-20a, |
4 |
| 20-51, 20-52, 25-20a, 25-51, 25-52, and 50-10 as follows: |
5 |
| (5 ILCS 430/1-5)
|
6 |
| Sec. 1-5. Definitions. As used in this Act:
|
7 |
| "Appointee" means a person appointed to a position in or |
8 |
| with a State
agency, regardless of whether the position is |
9 |
| compensated.
|
10 |
| "Campaign for elective office" means any activity in |
11 |
| furtherance of an
effort to influence the selection, |
12 |
| nomination, election, or appointment of any
individual to any |
13 |
| federal, State, or local public office or office in a
political |
14 |
| organization, or the selection, nomination, or election
of |
15 |
| Presidential or Vice-Presidential electors,
but does not |
16 |
| include
activities (i) relating to the support or opposition of |
17 |
| any executive,
legislative, or administrative action (as those |
18 |
| terms are defined in Section 2
of the Lobbyist Registration |
19 |
| Act), (ii) relating to collective bargaining, or
(iii) that are |
20 |
| otherwise in furtherance of the person's official State duties.
|
21 |
| "Candidate" means a person who has
filed nominating papers |
22 |
| or petitions for nomination or election to an elected
State |
23 |
| office, or who has been appointed to fill a vacancy in |
24 |
| nomination, and
who remains eligible for placement on the |
25 |
| ballot at either a
general primary election or general |
|
|
|
09600SB0054ham001 |
- 8 - |
LRB096 04477 JAM 27218 a |
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|
1 |
| election.
|
2 |
| "Collective bargaining" has the same meaning as that term |
3 |
| is defined in
Section 3 of the Illinois Public Labor Relations |
4 |
| Act.
|
5 |
| "Commission" means an ethics commission created by this |
6 |
| Act.
|
7 |
| "Compensated time" means any time worked by or credited to |
8 |
| a State employee
that counts
toward any minimum work time |
9 |
| requirement imposed as a condition of employment
with a State |
10 |
| agency, but does not include any designated State holidays or |
11 |
| any
period when the employee is on a
leave of absence.
|
12 |
| "Compensatory time off" means authorized time off earned by |
13 |
| or awarded to a
State employee to compensate in whole or in |
14 |
| part for time worked in excess of
the minimum work time |
15 |
| required
of that employee as a condition of employment with a |
16 |
| State agency.
|
17 |
| "Contribution" has the same meaning as that term is defined |
18 |
| in Section 9-1.4
of the Election Code.
|
19 |
| "Employee" means (i) any person employed full-time, |
20 |
| part-time, or
pursuant to a contract and whose employment |
21 |
| duties are subject to the direction
and
control of an employer |
22 |
| with regard to the material details of how the work is
to be |
23 |
| performed or (ii) any appointed or elected commissioner, |
24 |
| trustee, director, or board member of a board of a State |
25 |
| agency, including any retirement system or investment board |
26 |
| subject to the Illinois Pension Code or (iii) any other |
|
|
|
09600SB0054ham001 |
- 9 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| appointee.
|
2 |
| "Employment benefits" include but are not limited to the |
3 |
| following: modified compensation or benefit terms; compensated |
4 |
| time off; or change of title, job duties, or location of office |
5 |
| or employment. An employment benefit may also include favorable |
6 |
| treatment in determining whether to bring any disciplinary or |
7 |
| similar action or favorable treatment during the course of any |
8 |
| disciplinary or similar action or other performance review. |
9 |
| "Executive branch constitutional officer" means the |
10 |
| Governor, Lieutenant
Governor, Attorney General, Secretary of |
11 |
| State, Comptroller, and Treasurer.
|
12 |
| "Gift" means any gratuity, discount, entertainment, |
13 |
| hospitality, loan,
forbearance, or other tangible or |
14 |
| intangible item having monetary value
including, but not
|
15 |
| limited to, cash, food and drink, and honoraria for speaking |
16 |
| engagements
related to or attributable to government |
17 |
| employment or the official position of
an
employee, member, or |
18 |
| officer.
|
19 |
| "Governmental entity" means a unit of local government |
20 |
| (including a community college district) or a school
district |
21 |
| but not a State
agency.
|
22 |
| "Leave of absence" means any period during which a State |
23 |
| employee does not
receive (i) compensation for State |
24 |
| employment, (ii) service credit towards
State pension |
25 |
| benefits, and (iii) health insurance benefits paid for by the
|
26 |
| State.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| "Legislative branch constitutional officer" means a member |
2 |
| of the General
Assembly and the Auditor General.
|
3 |
| "Legislative leader" means the President and Minority |
4 |
| Leader of the Senate
and the Speaker and Minority Leader of the |
5 |
| House of Representatives.
|
6 |
| "Member" means a member of the General Assembly.
|
7 |
| "Officer" means an executive branch constitutional officer
|
8 |
| or a
legislative branch constitutional officer.
|
9 |
| "Political" means any activity in support
of or in |
10 |
| connection with any campaign for elective office or any |
11 |
| political
organization, but does not include activities (i) |
12 |
| relating to the support or
opposition of any executive, |
13 |
| legislative, or administrative action (as those
terms are |
14 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) |
15 |
| relating
to collective bargaining, or (iii) that are
otherwise
|
16 |
| in furtherance of the person's official
State duties or |
17 |
| governmental and public service functions.
|
18 |
| "Political organization" means a party, committee, |
19 |
| association, fund, or
other organization (whether or not |
20 |
| incorporated) that is required to file a
statement of |
21 |
| organization with the State Board of Elections or a county |
22 |
| clerk
under Section 9-3 of the Election Code, but only with |
23 |
| regard to those
activities that require filing with the State |
24 |
| Board of Elections or a county
clerk.
|
25 |
| "Prohibited political activity" means:
|
26 |
| (1) Preparing for, organizing, or participating in any
|
|
|
|
09600SB0054ham001 |
- 11 - |
LRB096 04477 JAM 27218 a |
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|
1 |
| political meeting, political rally, political |
2 |
| demonstration, or other political
event.
|
3 |
| (2) Soliciting contributions, including but not |
4 |
| limited to the purchase
of, selling, distributing, or |
5 |
| receiving
payment for tickets for any political |
6 |
| fundraiser,
political meeting, or other political event.
|
7 |
| (3) Soliciting, planning the solicitation of, or |
8 |
| preparing any document or
report regarding any thing of |
9 |
| value intended as a campaign contribution.
|
10 |
| (4) Planning, conducting, or participating in a public |
11 |
| opinion
poll in connection with a campaign for elective |
12 |
| office or on behalf of a
political organization for |
13 |
| political purposes or for or against any referendum
|
14 |
| question.
|
15 |
| (5) Surveying or gathering information from potential |
16 |
| or actual
voters in an election to determine probable vote |
17 |
| outcome in connection with a
campaign for elective office |
18 |
| or on behalf of a political organization for
political |
19 |
| purposes or for or against any referendum question.
|
20 |
| (6) Assisting at the polls on election day on behalf of |
21 |
| any
political organization or candidate for elective |
22 |
| office or for or against any
referendum
question.
|
23 |
| (7) Soliciting votes on behalf of a candidate for |
24 |
| elective office or a
political organization or for or |
25 |
| against any referendum question or helping in
an effort to |
26 |
| get voters
to the polls.
|
|
|
|
09600SB0054ham001 |
- 12 - |
LRB096 04477 JAM 27218 a |
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|
1 |
| (8) Initiating for circulation, preparing, |
2 |
| circulating, reviewing, or
filing any petition on
behalf of |
3 |
| a candidate for elective office or for or against any |
4 |
| referendum
question.
|
5 |
| (9) Making contributions on behalf
of any candidate for |
6 |
| elective office in that capacity or in connection with a
|
7 |
| campaign for elective office.
|
8 |
| (10) Preparing or reviewing responses to candidate |
9 |
| questionnaires in
connection with a campaign for elective |
10 |
| office or on behalf of a political
organization for |
11 |
| political purposes.
|
12 |
| (11) Distributing, preparing for distribution, or |
13 |
| mailing campaign
literature, campaign signs, or other |
14 |
| campaign material on behalf of any
candidate for elective |
15 |
| office or for or against any referendum question.
|
16 |
| (12) Campaigning for any elective
office or for or |
17 |
| against any referendum question.
|
18 |
| (13) Managing or working on a campaign for elective
|
19 |
| office or for or against any referendum question.
|
20 |
| (14) Serving as a delegate, alternate, or proxy to a |
21 |
| political
party convention.
|
22 |
| (15) Participating in any recount or challenge to the |
23 |
| outcome of
any election, except to the extent that under |
24 |
| subsection (d) of
Section 6 of Article IV of the Illinois |
25 |
| Constitution each house of the General
Assembly shall judge |
26 |
| the elections, returns, and qualifications of its members.
|
|
|
|
09600SB0054ham001 |
- 13 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| "Prohibited source" means any person or entity who:
|
2 |
| (1) is seeking official action (i) by the
member or |
3 |
| officer or (ii) in the case of an employee, by
the employee
|
4 |
| or by the
member, officer, State agency, or other employee |
5 |
| directing the
employee;
|
6 |
| (2) does business or seeks to do business (i) with the
|
7 |
| member or officer or (ii) in the case of an employee,
with |
8 |
| the
employee or with the member, officer, State agency, or |
9 |
| other
employee directing the
employee;
|
10 |
| (3) conducts activities regulated (i) by the
member or |
11 |
| officer or (ii) in the case of an employee, by
the employee |
12 |
| or by the member, officer, State agency, or
other employee |
13 |
| directing the employee;
|
14 |
| (4) has interests that may be substantially affected by |
15 |
| the performance or
non-performance of the official duties |
16 |
| of the member, officer, or
employee; or
|
17 |
| (5) is registered or required to be registered with the |
18 |
| Secretary of State
under the Lobbyist Registration Act, |
19 |
| except that an entity not otherwise a
prohibited source |
20 |
| does not become a prohibited source merely because a
|
21 |
| registered lobbyist is one of its members or serves on its |
22 |
| board of
directors |
23 |
| (6) is an agent of, a spouse of, or an immediate family |
24 |
| member who is living with a "prohibited source" .
|
25 |
| "State agency" includes all officers, boards, commissions |
26 |
| and agencies
created by the Constitution, whether in the |
|
|
|
09600SB0054ham001 |
- 14 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| executive or legislative
branch; all officers,
departments, |
2 |
| boards, commissions, agencies, institutions, authorities,
|
3 |
| public institutions of higher learning as defined in Section 2 |
4 |
| of the Higher
Education
Cooperation Act (except community |
5 |
| colleges), and bodies politic and corporate of the State; and
|
6 |
| administrative
units or corporate outgrowths of the State |
7 |
| government which are created by
or pursuant to statute, other |
8 |
| than units of local government (including community college |
9 |
| districts) and their
officers, school districts, and boards of |
10 |
| election commissioners; and all
administrative units and |
11 |
| corporate outgrowths of the above and as may be
created by |
12 |
| executive order of the Governor. "State agency" includes the |
13 |
| General
Assembly, the Senate, the House of Representatives, the |
14 |
| President and Minority
Leader of the Senate, the Speaker and |
15 |
| Minority Leader of the House of
Representatives, the Senate |
16 |
| Operations Commission, and the legislative support
services |
17 |
| agencies. "State agency" includes the Office
of the Auditor |
18 |
| General. "State agency" does not include the judicial branch.
|
19 |
| "State employee" means any employee of a State agency.
|
20 |
| "Ultimate jurisdictional
authority" means the following:
|
21 |
| (1) For members, legislative partisan staff, and |
22 |
| legislative secretaries,
the appropriate
legislative |
23 |
| leader: President of the
Senate, Minority Leader of the |
24 |
| Senate, Speaker of the House of Representatives,
or |
25 |
| Minority Leader of the House of Representatives.
|
26 |
| (2) For State employees who are professional staff or |
|
|
|
09600SB0054ham001 |
- 15 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| employees of the
Senate and not covered under item (1), the |
2 |
| Senate Operations Commission.
|
3 |
| (3) For State employees who are professional staff or |
4 |
| employees of the
House of Representatives and not covered |
5 |
| under item (1), the Speaker of the
House of |
6 |
| Representatives.
|
7 |
| (4) For State employees who are employees of the |
8 |
| legislative support
services agencies, the Joint Committee |
9 |
| on Legislative Support Services.
|
10 |
| (5) For State employees of the Auditor General, the |
11 |
| Auditor General.
|
12 |
| (6) For State employees of public institutions of |
13 |
| higher learning as
defined in Section 2 of the Higher |
14 |
| Education Cooperation Act (except community colleges), the |
15 |
| board of
trustees of the appropriate public institution of |
16 |
| higher learning.
|
17 |
| (7) For State employees of an executive branch |
18 |
| constitutional officer
other than those described in |
19 |
| paragraph (6), the
appropriate executive branch |
20 |
| constitutional officer.
|
21 |
| (8) For State employees not under the jurisdiction of |
22 |
| paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
23 |
| Governor.
|
24 |
| (Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09.) |
25 |
| (5 ILCS 430/5-10)
|
|
|
|
09600SB0054ham001 |
- 16 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| Sec. 5-10. Ethics training. |
2 |
| (a) Each officer, member, and employee
must complete, at |
3 |
| least
annually beginning in 2004, an ethics training program |
4 |
| conducted by the
appropriate
State agency. Each ultimate |
5 |
| jurisdictional authority
must implement an ethics training |
6 |
| program for its officers, members, and
employees.
These ethics |
7 |
| training programs shall be overseen by the appropriate Ethics
|
8 |
| Commission and Inspector
General appointed pursuant to this Act |
9 |
| in consultation with the Office of the
Attorney
General.
|
10 |
| (b) Each ultimate jurisdictional authority subject to the |
11 |
| Executive Ethics Commission shall submit to the Executive |
12 |
| Ethics Commission, at least annually, or more frequently as |
13 |
| required by that Commission, an annual report that summarizes |
14 |
| ethics training that was completed during the previous year, |
15 |
| and lays out the plan for the ethics training programs in the |
16 |
| coming year. |
17 |
| (c) Each Inspector General
shall set standards and
|
18 |
| determine the hours and frequency of training necessary for |
19 |
| each
position or category of positions. A person who fills a |
20 |
| vacancy in an
elective or appointed position that requires |
21 |
| training and a person
employed in a position that requires |
22 |
| training must complete his or her
initial ethics training |
23 |
| within 30 days 6 months after commencement of his or
her office |
24 |
| or employment.
|
25 |
| (d) Upon completion of the ethics training program, each |
26 |
| officer, member, and employee must certify in writing that the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| person has completed the training program. Each officer, |
2 |
| member, and employee must provide to his or her ethics officer |
3 |
| a signed copy of the certification by the deadline for |
4 |
| completion of the ethics training program. |
5 |
| (e) The ethics training provided under this Act by the |
6 |
| Secretary of State may be expanded to satisfy the requirement |
7 |
| of Section 4.5 of the Lobbyist Registration Act. |
8 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) |
9 |
| (5 ILCS 430/5-30)
|
10 |
| Sec. 5-30. Prohibited offer or promise. |
11 |
| (a)
An officer or employee of the executive or legislative |
12 |
| branch or a
candidate for an executive or legislative branch |
13 |
| office may not promise
anything of value related to State |
14 |
| government, including but not limited to
positions in State |
15 |
| government, promotions, or salary increases, other employment |
16 |
| benefits, board or commission appointments, favorable |
17 |
| treatment in any official or regulatory matter, the awarding of |
18 |
| any public contract, or action or inaction on any legislative |
19 |
| or regulatory matter, in
consideration for a contribution to a |
20 |
| political committee, political party, or
other entity that has |
21 |
| as one of its purposes the financial support of a
candidate for |
22 |
| elective office.
|
23 |
| (b) Any State employee who is requested or directed by an |
24 |
| officer, member, or employee of the executive or legislative |
25 |
| branch or a candidate for an executive or legislative branch |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| office to engage in activity prohibited by Section 5-30 shall |
2 |
| report such request or directive to the appropriate ethics |
3 |
| officer or Inspector General. |
4 |
| (c) Nothing in this Section prevents the making or |
5 |
| accepting of voluntary
contributions otherwise in accordance |
6 |
| with law.
|
7 |
| (Source: P.A. 93-615, eff. 11-19-03.) |
8 |
| (5 ILCS 430/5-40)
|
9 |
| Sec. 5-40. Fundraising in Sangamon County. Except as |
10 |
| provided in this
Section, any executive branch constitutional |
11 |
| officer, any candidate for an
executive branch constitutional |
12 |
| office, any member of the General Assembly,
any candidate for |
13 |
| the General Assembly, any political caucus of the General
|
14 |
| Assembly, or any political committee on behalf of any of the |
15 |
| foregoing may not
hold a political fundraising function in |
16 |
| Sangamon County on any day the legislature is
in session (i) |
17 |
| during the period beginning February 1 and ending on the later
|
18 |
| of the actual adjournment dates
of either house of the spring |
19 |
| session and (ii) during fall veto session.
For purposes of this |
20 |
| Section, the legislature is not considered to be in
session on |
21 |
| a day that is solely a perfunctory session day or on a day when |
22 |
| only
a committee is meeting.
|
23 |
| During the period beginning June 1 and ending on the first |
24 |
| day of fall veto
session each year, this Section does not apply |
25 |
| to (i) a member of the General
Assembly whose legislative or |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| representative district is entirely within
Sangamon County or |
2 |
| (ii) a candidate for the General Assembly from that
legislative |
3 |
| or representative district.
|
4 |
| (Source: P.A. 93-615, eff. 11-19-03.) |
5 |
| (5 ILCS 430/5-45)
|
6 |
| Sec. 5-45. Procurement; revolving door prohibition.
|
7 |
| (a) No former officer, member, or State employee, or spouse |
8 |
| or
immediate family member living with such person, shall, |
9 |
| within a period of one
year immediately after termination of |
10 |
| State employment, knowingly accept
employment or receive |
11 |
| compensation or fees for services from a person or entity
if |
12 |
| the officer, member, or State employee, during the year |
13 |
| immediately
preceding termination of State employment, |
14 |
| participated personally and
substantially in the decision to |
15 |
| award of State contracts , or the issuance of State contract |
16 |
| change orders, with a cumulative value
of over $25,000
or more |
17 |
| to the person or entity, or its parent or subsidiary.
|
18 |
| (b) No former officer of the executive branch or State |
19 |
| employee of the
executive branch with regulatory or
licensing |
20 |
| authority, or spouse or immediate family member living with |
21 |
| such
person, shall, within a period of one year immediately |
22 |
| after termination of
State employment, knowingly accept |
23 |
| employment or receive compensation or of fees
for services from |
24 |
| a person or entity if the officer
or State
employee, during the |
25 |
| year immediately preceding
termination of State employment, |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| participated personally and substantially in making made a |
2 |
| regulatory or licensing decision that
directly applied to the |
3 |
| person or entity, or its parent or subsidiary.
|
4 |
| (c) The requirements of this Section may be waived
(i) for |
5 |
| the executive
branch, in writing by
the Executive Ethics |
6 |
| Commission, (ii) for the
legislative branch, in writing by
the |
7 |
| Legislative Ethics Commission, and (iii) for the
Auditor |
8 |
| General, in writing by the Auditor General.
During the time |
9 |
| period from the effective date of this amendatory Act of the
|
10 |
| 93rd General Assembly until the Executive Ethics Commission |
11 |
| first meets, the
requirements of this Section may be waived in |
12 |
| writing by the appropriate
ultimate jurisdictional authority. |
13 |
| During the time period from the
effective date of this |
14 |
| amendatory Act of the 93rd General Assembly until the
|
15 |
| Legislative Ethics Commission first meets, the requirements of |
16 |
| this Section may
be waived in writing by the appropriate |
17 |
| ultimate jurisdictional authority.
The waiver shall be granted
|
18 |
| upon a showing that the
prospective
employment or relationship |
19 |
| did not affect the decisions referred to in sections
(a) and |
20 |
| (b).
|
21 |
| (c) Within 6 months after the effective date of this |
22 |
| amendatory Act of the 96th General Assembly, each executive |
23 |
| branch constitutional officer and legislative leader, the |
24 |
| Auditor General, and the Joint Committee on Legislative Support |
25 |
| Services shall adopt a policy delineating which State positions |
26 |
| under his or her jurisdiction and control, by the nature of |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| their duties, may have the authority to participate personally |
2 |
| and substantially in the award of State contracts or in |
3 |
| regulatory or licensing decisions. The Governor shall adopt |
4 |
| such a policy for all State employees of the executive branch |
5 |
| not under the jurisdiction and control of any other executive |
6 |
| branch constitutional officer. (d) This Section applies only to |
7 |
| persons who terminate an affected position
on or after the |
8 |
| effective date of this amendatory Act of the 93rd General
|
9 |
| Assembly.
|
10 |
| The policies required under subsection (c) of this Section |
11 |
| shall be filed with the appropriate ethics commission |
12 |
| established under this Act or, for the Auditor General, with |
13 |
| the Office of the Auditor General. |
14 |
| (d) Each Inspector General shall have the authority to |
15 |
| determine that additional State positions under his or her |
16 |
| jurisdiction, not otherwise subject to the policies required by |
17 |
| subsection (c) of this Section, are nonetheless subject to the |
18 |
| notification requirement of subsection (f) below due to their |
19 |
| involvement in the award of State contracts or in regulatory or |
20 |
| licensing decisions. |
21 |
| (e) The Joint Committee on Legislative Support Services, |
22 |
| the Auditor General, and each of the executive branch |
23 |
| constitutional officers and legislative leaders subject to |
24 |
| subsection (c) of this Section shall provide written |
25 |
| notification to all employees in positions subject to the |
26 |
| policies required by subsection (c) or a determination made |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| under subsection (d): (1) upon hiring, promotion, or transfer |
2 |
| into the relevant position; and (2) at the time the employee's |
3 |
| duties are changed in such a way as to qualify that employee. |
4 |
| An employee receiving notification must certify in writing that |
5 |
| the person was advised of the prohibition and the requirement |
6 |
| to notify the appropriate Inspector General in subsection (f). |
7 |
| (f) Any State employee in a position subject to the |
8 |
| policies required by subsection (c) or to a determination under |
9 |
| subsection (d), but who does not fall within the prohibition of |
10 |
| subsection (h) below, who is offered non-State employment |
11 |
| during State employment or within a period of one year |
12 |
| immediately after termination of State employment shall, prior |
13 |
| to accepting such non-State employment, notify the appropriate |
14 |
| Inspector General. Within 10 calendar days after receiving |
15 |
| notification from an employee in a position subject to the |
16 |
| policies required by subsection (c), such Inspector General |
17 |
| shall make a determination as to whether the State employee is |
18 |
| restricted from accepting such employment by subsection (a) or |
19 |
| (b). In making a determination, in addition to any other |
20 |
| relevant information, an Inspector General shall assess the |
21 |
| effect of the prospective employment or relationship upon |
22 |
| decisions referred to in subsections (a) and (b), based on the |
23 |
| totality of the participation by the former officer, member, or |
24 |
| State employee in those decisions. A determination by an |
25 |
| Inspector General must be in writing, signed and dated by the |
26 |
| Inspector General, and delivered to the subject of the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| determination within 10 calendar days or the person is deemed |
2 |
| eligible for the employment opportunity. For purposes of this |
3 |
| subsection, "appropriate Inspector General" means (i) for |
4 |
| members and employees of the legislative branch, the |
5 |
| Legislative Inspector General; (ii) for the Auditor General and |
6 |
| employees of the Office of the Auditor General, the Inspector |
7 |
| General provided for in Section 30-5 of this Act; and (iii) for |
8 |
| executive branch officers and employees, the Inspector General |
9 |
| having jurisdiction over the officer or employee. Notice of any |
10 |
| determination of an Inspector General and of any such appeal |
11 |
| shall be given to the ultimate jurisdictional authority, the |
12 |
| Attorney General, and the Executive Ethics Commission. |
13 |
| (g) An Inspector General's determination regarding |
14 |
| restrictions under subsection (a) or (b) may be appealed to the |
15 |
| appropriate Ethics Commission by the person subject to the |
16 |
| decision or the Attorney General no later than the 10th |
17 |
| calendar day after the date of the determination. |
18 |
| On appeal, the Ethics Commission or Auditor General shall |
19 |
| seek, accept, and consider written public comments regarding a |
20 |
| determination. In deciding whether to uphold an Inspector |
21 |
| General's determination, the appropriate Ethics Commission or |
22 |
| Auditor General shall assess, in addition to any other relevant |
23 |
| information, the effect of the prospective employment or |
24 |
| relationship upon the decisions referred to in subsections (a) |
25 |
| and (b), based on the totality of the participation by the |
26 |
| former officer, member, or State employee in those decisions. |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| The Ethics Commission shall decide whether to uphold an |
2 |
| Inspector General's determination within 10 calendar days or |
3 |
| the person is deemed eligible for the employment opportunity. |
4 |
| (h) The following officers, members, or State employees |
5 |
| shall not, within a period of one year immediately after |
6 |
| termination of office or State employment, knowingly accept |
7 |
| employment or receive compensation or fees for services from a |
8 |
| person or entity if the person or entity or its parent or |
9 |
| subsidiary, during the year immediately preceding termination |
10 |
| of State employment, was a party to a State contract or |
11 |
| contracts with a cumulative value of $25,000 or more involving |
12 |
| the officer, member, or State employee's State agency, or was |
13 |
| the subject of a regulatory or licensing decision involving the |
14 |
| officer, member, or State employee's State agency, regardless |
15 |
| of whether he or she participated personally and substantially |
16 |
| in the award of the State contract or contracts or the making |
17 |
| of the regulatory or licensing decision in question: |
18 |
| (1) members or officers; |
19 |
| (2) members of a commission or board created by the |
20 |
| Illinois Constitution; |
21 |
| (3) persons whose appointment to office is subject to |
22 |
| the advice and consent of the Senate; |
23 |
| (4) the head of a department, commission, board, |
24 |
| division, bureau, authority, or other administrative unit |
25 |
| within the government of this State; |
26 |
| (5) chief procurement officers, State purchasing |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| officers, and their designees whose duties are directly |
2 |
| related to State procurement; and |
3 |
| (6) chiefs of staff, deputy chiefs of staff, associate |
4 |
| chiefs of staff, assistant chiefs of staff, and deputy |
5 |
| governors. |
6 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) |
7 |
| (5 ILCS 430/15-5)
|
8 |
| Sec. 15-5. Definitions. In this Article:
|
9 |
| "Public body" means (1) any officer, member, or State |
10 |
| agency; (2) the federal
government; (3) any local law |
11 |
| enforcement agency or prosecutorial office; (4)
any
federal or |
12 |
| State judiciary, grand or petit jury, law enforcement agency, |
13 |
| or
prosecutorial office; and (5) any officer, employee, |
14 |
| department, agency, or
other division of any of the foregoing.
|
15 |
| "Supervisor" means an officer, a member, or a State |
16 |
| employee who has
the authority to direct and control the work |
17 |
| performance of a State
employee or who has authority to take |
18 |
| corrective action regarding any violation
of a law, rule, or |
19 |
| regulation of which the State employee complains.
|
20 |
| "Retaliatory action" means the reprimand, discharge, |
21 |
| suspension, demotion, or
denial of promotion or transfer , or |
22 |
| change of
any State employee in the terms or and conditions
of
|
23 |
| employment of any State employee ,
and that is taken in
|
24 |
| retaliation for a State employee's involvement in protected |
25 |
| activity, as
set forth in Section 15-10.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (Source: P.A. 93-615, eff. 11-19-03.)
|
2 |
| (5 ILCS 430/15-25)
|
3 |
| Sec. 15-25. Remedies. The State employee may be awarded |
4 |
| all remedies
necessary to make
the State employee whole and to |
5 |
| prevent future violations of this Article.
The circuit courts |
6 |
| of this State shall have jurisdiction to hear cases brought |
7 |
| under this Article. Remedies imposed by the court may include, |
8 |
| but are not limited to, all of the
following:
|
9 |
| (1) reinstatement of the employee to either the same |
10 |
| position held before
the retaliatory action or to an |
11 |
| equivalent position;
|
12 |
| (2) 2 times the amount of back pay;
|
13 |
| (3) interest on the back pay;
|
14 |
| (4) the reinstatement of full fringe benefits and |
15 |
| seniority rights;
and
|
16 |
| (5) the payment of reasonable costs and attorneys' |
17 |
| fees.
|
18 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) |
19 |
| (5 ILCS 430/20-5)
|
20 |
| Sec. 20-5. Executive Ethics Commission.
|
21 |
| (a) The Executive Ethics Commission is created.
|
22 |
| (b) The Executive Ethics Commission shall consist of 9
|
23 |
| commissioners.
The Governor shall appoint 5 commissioners, and |
24 |
| the Attorney General, Secretary
of State, Comptroller, and |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| Treasurer shall each appoint one commissioner.
Appointments |
2 |
| shall be made by and with the advice and consent of the
Senate |
3 |
| by three-fifths of the elected members concurring by record |
4 |
| vote.
Any nomination not acted upon by the Senate within 60 |
5 |
| session days of the
receipt thereof shall be deemed to have |
6 |
| received the advice and consent of
the Senate. If, during a |
7 |
| recess of the Senate, there is a vacancy in an office
of |
8 |
| commissioner, the appointing authority shall make a temporary
|
9 |
| appointment until the next meeting of the Senate when the |
10 |
| appointing
authority shall make a nomination to fill that |
11 |
| office. No person rejected for
an office of commissioner shall, |
12 |
| except by the Senate's request, be
nominated again for that |
13 |
| office at the same session of the Senate or be
appointed to |
14 |
| that office during a recess of that Senate.
No more than 5
|
15 |
| commissioners may be of the same
political party.
|
16 |
| The terms of the initial commissioners shall commence upon |
17 |
| qualification.
Four initial appointees of the Governor, as |
18 |
| designated by the Governor, shall
serve terms running through |
19 |
| June 30, 2007. One initial appointee of the
Governor, as |
20 |
| designated by the Governor, and the initial appointees of the
|
21 |
| Attorney General, Secretary of State, Comptroller, and |
22 |
| Treasurer shall serve
terms running through June 30, 2008.
The |
23 |
| initial appointments shall be made within 60 days
after the |
24 |
| effective date of this Act.
|
25 |
| After the initial terms, commissioners shall serve for |
26 |
| 4-year terms
commencing on July 1 of the year of appointment |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| and running
through June 30 of the fourth following year. |
2 |
| Commissioners may be
reappointed to one or more subsequent |
3 |
| terms.
|
4 |
| Vacancies occurring other than at the end of a term shall |
5 |
| be filled
by the appointing authority only for the balance of |
6 |
| the
term of the commissioner whose office is vacant.
|
7 |
| Terms shall run regardless of whether the position is |
8 |
| filled.
|
9 |
| (c) The appointing authorities shall appoint commissioners |
10 |
| who
have experience holding governmental office or employment |
11 |
| and shall
appoint commissioners from the general public.
A |
12 |
| person is not eligible to
serve as a commissioner if that |
13 |
| person (i) has been convicted of a
felony or a crime of |
14 |
| dishonesty or moral turpitude, (ii) is, or was
within the |
15 |
| preceding 12 months, engaged in activities that
require |
16 |
| registration under the Lobbyist Registration Act, (iii) is |
17 |
| related
to the appointing authority, or (iv) is a State officer |
18 |
| or employee.
|
19 |
| (d) The Executive Ethics Commission shall have
|
20 |
| jurisdiction over all officers and employees of State agencies |
21 |
| other
than the General Assembly, the Senate, the House of |
22 |
| Representatives,
the President and Minority Leader of the |
23 |
| Senate, the Speaker and
Minority Leader of the House of |
24 |
| Representatives, the Senate
Operations Commission, the |
25 |
| legislative support services agencies, and
the Office of the |
26 |
| Auditor General.
The jurisdiction of the
Commission is limited |
|
|
|
09600SB0054ham001 |
- 29 - |
LRB096 04477 JAM 27218 a |
|
|
1 |
| to matters arising under this Act.
|
2 |
| A member or legislative branch State employee serving on an |
3 |
| executive branch board or commission remains subject to the |
4 |
| jurisdiction of the Legislative Ethics Commission and is not |
5 |
| subject to the jurisdiction of the Executive Ethics Commission. |
6 |
| (d-5) The Executive Ethics Commission shall have |
7 |
| jurisdiction over all chief procurement officers and |
8 |
| procurement compliance monitors and their respective staffs. |
9 |
| The Executive Ethics Commission shall have jurisdiction over |
10 |
| any matters arising under the Illinois Procurement Code if the |
11 |
| Commission is given explicit authority in that Code. |
12 |
| (e) The Executive Ethics Commission must meet, either
in |
13 |
| person or by other technological means, at least monthly and as
|
14 |
| often as necessary. At the first meeting of the Executive
|
15 |
| Ethics Commission, the commissioners shall choose from their
|
16 |
| number a chairperson and other officers that they deem |
17 |
| appropriate.
The terms of officers shall be for 2 years |
18 |
| commencing July 1 and
running through June 30 of the second |
19 |
| following year. Meetings shall be held at
the call
of the |
20 |
| chairperson or any 3 commissioners. Official action by the
|
21 |
| Commission shall require the affirmative vote of 5 |
22 |
| commissioners, and
a quorum shall consist of 5 commissioners. |
23 |
| Commissioners shall receive
compensation in an amount equal to |
24 |
| the compensation of members of the State
Board of Elections and |
25 |
| may be
reimbursed for their reasonable expenses actually |
26 |
| incurred in the
performance of their duties.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (f) No commissioner or employee of the Executive
Ethics |
2 |
| Commission may during his or her term of appointment or |
3 |
| employment:
|
4 |
| (1) become a candidate for any elective office;
|
5 |
| (2) hold any other elected or appointed public office |
6 |
| except for
appointments on governmental advisory boards or |
7 |
| study commissions or as
otherwise expressly authorized by |
8 |
| law;
|
9 |
| (3) be actively involved in the affairs of any |
10 |
| political party or
political
organization; or
|
11 |
| (4) advocate for the appointment of another person to |
12 |
| an appointed or elected office or position or actively |
13 |
| participate in any campaign for any elective office.
|
14 |
| (g) An appointing authority may remove a commissioner only |
15 |
| for cause.
|
16 |
| (h) The Executive Ethics Commission shall appoint an |
17 |
| Executive Director. The
compensation of the Executive Director |
18 |
| shall be as determined by the Commission
or by the Compensation |
19 |
| Review Board, whichever amount is higher . The Executive
|
20 |
| Director of the Executive Ethics Commission may employ and |
21 |
| determine the
compensation of staff, as appropriations permit.
|
22 |
| (i) The Executive Ethics Commission shall appoint, by a |
23 |
| majority of the members appointed to the Commission, chief |
24 |
| procurement officers and procurement compliance monitors in |
25 |
| accordance with the provisions of the Illinois Procurement |
26 |
| Code. The compensation of a chief procurement officer and |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| procurement compliance monitor shall be determined by the |
2 |
| Commission. |
3 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
4 |
| (5 ILCS 430/20-10)
|
5 |
| Sec. 20-10. Offices of Executive Inspectors General.
|
6 |
| (a) Five independent Offices of the Executive Inspector |
7 |
| General are
created,
one each for the Governor, the Attorney |
8 |
| General, the Secretary of State, the
Comptroller, and the |
9 |
| Treasurer. Each Office shall be under the direction and
|
10 |
| supervision
of an Executive Inspector General and shall be a |
11 |
| fully independent office with
separate
appropriations.
|
12 |
| (b) The Governor, Attorney General, Secretary of State, |
13 |
| Comptroller, and
Treasurer shall each appoint an Executive |
14 |
| Inspector General, without regard to
political affiliation and |
15 |
| solely on the basis of integrity and
demonstrated ability.
|
16 |
| Appointments shall be made by and with the advice and consent |
17 |
| of the
Senate by three-fifths of the elected members concurring |
18 |
| by record vote.
Any nomination not acted upon by the Senate |
19 |
| within 60 session days of the
receipt thereof shall be deemed |
20 |
| to have received the advice and consent of
the Senate. If, |
21 |
| during a recess of the Senate, there is a vacancy in an office
|
22 |
| of Executive Inspector General, the appointing authority shall |
23 |
| make a
temporary appointment until the next meeting of the |
24 |
| Senate when the
appointing authority shall make a nomination to |
25 |
| fill that office. No person
rejected for an office of Executive |
|
|
|
09600SB0054ham001 |
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|
1 |
| Inspector General shall, except by the
Senate's request, be |
2 |
| nominated again for that office at the same session of
the |
3 |
| Senate or be appointed to that office during a recess of that |
4 |
| Senate.
|
5 |
| Nothing in this Article precludes the appointment by the |
6 |
| Governor, Attorney
General,
Secretary of State, Comptroller, |
7 |
| or Treasurer of any other inspector general
required or
|
8 |
| permitted by law. The Governor, Attorney General, Secretary of |
9 |
| State,
Comptroller, and
Treasurer
each may appoint an existing |
10 |
| inspector general as the Executive Inspector
General
required |
11 |
| by this
Article, provided that such an inspector general is not |
12 |
| prohibited by law,
rule,
jurisdiction, qualification, or |
13 |
| interest from serving as the Executive
Inspector General
|
14 |
| required by
this Article.
An appointing authority may not |
15 |
| appoint a relative as an Executive Inspector
General.
|
16 |
| Each Executive Inspector General shall have the following |
17 |
| qualifications:
|
18 |
| (1) has not been convicted of any felony under the laws |
19 |
| of this State,
another State, or the United States;
|
20 |
| (2) has earned a baccalaureate degree from an |
21 |
| institution of higher
education; and
|
22 |
| (3) has 5 or more years of cumulative service (A) with |
23 |
| a federal,
State, or
local law enforcement agency, at least |
24 |
| 2 years of which have been in a
progressive investigatory |
25 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
|
26 |
| as a
senior manager or executive of a federal, State, or |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| local
agency; (D) as a member, an officer,
or a State
or |
2 |
| federal judge; or (E) representing any combination of (A) |
3 |
| through (D).
|
4 |
| The term of each initial Executive Inspector General shall
|
5 |
| commence upon qualification and shall run through June 30, |
6 |
| 2008. The
initial appointments shall be made within 60 days |
7 |
| after the effective
date of this Act.
|
8 |
| After the initial term, each Executive Inspector General |
9 |
| shall serve
for 5-year terms commencing on July 1 of the year |
10 |
| of appointment
and running through June 30 of the fifth |
11 |
| following year. An
Executive Inspector General may be |
12 |
| reappointed to one or more
subsequent terms.
|
13 |
| A vacancy occurring other than at the end of a term shall |
14 |
| be filled
by the appointing authority only for the balance of |
15 |
| the term of the Executive
Inspector General whose office is |
16 |
| vacant.
|
17 |
| Terms shall run regardless of whether the position is |
18 |
| filled.
|
19 |
| (c) The Executive Inspector General appointed by the |
20 |
| Attorney General shall
have jurisdiction over the Attorney |
21 |
| General and all officers and employees of,
and vendors and |
22 |
| others doing business with,
State agencies within the |
23 |
| jurisdiction of the Attorney General. The Executive
Inspector |
24 |
| General appointed by the Secretary of State shall have |
25 |
| jurisdiction
over the Secretary of State and all officers and |
26 |
| employees of, and vendors and
others doing business with, State |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| agencies within the
jurisdiction of the Secretary of State. The |
2 |
| Executive Inspector General
appointed by the Comptroller shall |
3 |
| have jurisdiction over the Comptroller and
all officers and |
4 |
| employees of, and vendors and others doing business with,
State |
5 |
| agencies within the jurisdiction of the Comptroller. The
|
6 |
| Executive Inspector General appointed by the Treasurer shall |
7 |
| have jurisdiction
over the Treasurer and all officers and |
8 |
| employees of, and vendors and others
doing business with, State |
9 |
| agencies within the jurisdiction
of the Treasurer. The |
10 |
| Executive Inspector General appointed by the Governor
shall |
11 |
| have jurisdiction over the Governor, the Lieutenant Governor, |
12 |
| and all
officers and employees of, and vendors and others doing |
13 |
| business with,
executive branch State agencies under the |
14 |
| jurisdiction of the
Executive Ethics Commission and not within |
15 |
| the jurisdiction of the
Attorney
General, the Secretary of |
16 |
| State, the Comptroller, or the Treasurer.
|
17 |
| The jurisdiction of each Executive Inspector General is to |
18 |
| investigate
allegations of fraud, waste, abuse, mismanagement, |
19 |
| misconduct, nonfeasance,
misfeasance,
malfeasance, or |
20 |
| violations of this Act or violations of other related
laws and |
21 |
| rules.
|
22 |
| (d) The minimum compensation for each Executive Inspector |
23 |
| General shall be
determined by the Executive Ethics Commission |
24 |
| and shall be made from appropriations made to the Comptroller |
25 |
| for this purpose . The actual compensation for each
Executive |
26 |
| Inspector General shall be determined by the appointing |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| executive
branch
constitutional officer and must be at or above |
2 |
| the minimum compensation level
set by
the Executive Ethics |
3 |
| Commission. Subject to Section 20-45 of this Act, each
|
4 |
| Executive Inspector General has full
authority
to organize his |
5 |
| or her Office of the Executive Inspector General, including the
|
6 |
| employment and determination of the compensation of staff, such |
7 |
| as deputies,
assistants, and other employees, as |
8 |
| appropriations permit. A separate
appropriation
shall be made |
9 |
| for each Office of Executive Inspector General.
|
10 |
| (e) No Executive Inspector General or employee of the |
11 |
| Office of
the Executive Inspector General may, during his or |
12 |
| her term of appointment or
employment:
|
13 |
| (1) become a candidate for any elective office;
|
14 |
| (2) hold any other elected or appointed public office
|
15 |
| except for appointments on governmental advisory boards
or |
16 |
| study commissions or as otherwise expressly authorized by |
17 |
| law;
|
18 |
| (3) be actively involved in the affairs of any |
19 |
| political party or
political organization; or
|
20 |
| (4) advocate for the appointment of another person to |
21 |
| an appointed or elected office or position or actively |
22 |
| participate in any campaign for any
elective office.
|
23 |
| In this subsection an appointed public office means a |
24 |
| position authorized by
law that is filled by an appointing |
25 |
| authority as provided by law and does not
include employment by |
26 |
| hiring in the ordinary course of business.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (e-1) No Executive Inspector General or employee of the |
2 |
| Office of the
Executive Inspector General may, for one year |
3 |
| after the termination of his or
her appointment or employment:
|
4 |
| (1) become a candidate for any elective office;
|
5 |
| (2) hold any elected public office; or
|
6 |
| (3) hold any appointed State, county, or local judicial |
7 |
| office.
|
8 |
| (e-2) The requirements of item (3) of subsection (e-1) may |
9 |
| be waived by the
Executive Ethics Commission.
|
10 |
| (f) An Executive Inspector General may be removed only for |
11 |
| cause and may
be removed only by the appointing constitutional |
12 |
| officer. At the time of the
removal,
the appointing |
13 |
| constitutional officer must report to the Executive Ethics
|
14 |
| Commission the
justification for the
removal.
|
15 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
16 |
| (5 ILCS 430/20-20)
|
17 |
| Sec. 20-20. Duties of the Executive Inspectors
General. In |
18 |
| addition to duties otherwise assigned by law,
each Executive |
19 |
| Inspector General shall have the following duties:
|
20 |
| (1) To receive and investigate allegations of |
21 |
| violations of this
Act. The
Executive Inspector General may |
22 |
| receive information through the
Office of any Executive |
23 |
| Inspector General or
through an ethics commission .
An |
24 |
| investigation may be conducted only in response
to |
25 |
| information reported to the Executive Inspector General
as |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| provided in this Section and not upon his or her own |
2 |
| prerogative.
Allegations may not be made anonymously. An |
3 |
| investigation may not be initiated
more than one year after |
4 |
| the most recent act of the alleged violation or of a
series |
5 |
| of alleged violations except where there is reasonable |
6 |
| cause to believe
that fraudulent concealment has occurred. |
7 |
| To constitute fraudulent concealment
sufficient to toll |
8 |
| this limitations period, there must be an affirmative act |
9 |
| or
representation calculated to prevent discovery of the |
10 |
| fact that a violation has
occurred. The
Executive Inspector |
11 |
| General shall have the discretion to determine the
|
12 |
| appropriate means of investigation as permitted by law.
|
13 |
| (2) To request information relating to an |
14 |
| investigation from any
person when the Executive Inspector |
15 |
| General deems that information necessary in
conducting an |
16 |
| investigation.
|
17 |
| (3) To issue subpoenas
to compel the attendance of |
18 |
| witnesses for the
purposes of testimony and production of |
19 |
| documents and other items for
inspection and copying and to |
20 |
| make service of those subpoenas and subpoenas
issued under |
21 |
| item (7) of Section 20-15.
|
22 |
| (4) To submit reports as required by this Act.
|
23 |
| (5) To file
pleadings in the name of
the Executive |
24 |
| Inspector General with the Executive Ethics
Commission, |
25 |
| through the Attorney General, as provided in this Article |
26 |
| if the
Attorney General finds that reasonable cause exists |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| to believe that a violation
has
occurred.
|
2 |
| (6) To assist and coordinate the ethics officers
for |
3 |
| State agencies under the jurisdiction of the
Executive |
4 |
| Inspector General and to work with those ethics officers.
|
5 |
| (7) To participate in or conduct, when appropriate, |
6 |
| multi-jurisdictional
investigations.
|
7 |
| (8) To request, as the Executive Inspector General |
8 |
| deems appropriate, from
ethics officers
of State agencies |
9 |
| under his or her jurisdiction, reports or information
on |
10 |
| (i) the content of a State agency's ethics
training program |
11 |
| and (ii) the percentage of new officers and
employees who |
12 |
| have completed ethics training.
|
13 |
| (9) To review hiring and employment files of each State |
14 |
| agency within the Executive Inspector General's |
15 |
| jurisdiction to ensure compliance with Rutan v. Republican |
16 |
| Party of Illinois, 497 U.S. 62 (1990), and with all |
17 |
| applicable employment laws. |
18 |
| (10) To establish a policy that ensures the appropriate |
19 |
| handling and correct recording of all investigations |
20 |
| conducted by the Office, and to ensure that the policy is |
21 |
| accessible via the Internet in order that those seeking to |
22 |
| report those allegations are familiar with the process and |
23 |
| that the subjects of those allegations are treated fairly. |
24 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
25 |
| (5 ILCS 430/20-20a new)
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| Sec. 20-20a. Attorney General investigatory authority. In |
2 |
| addition to investigatory authority otherwise granted by law, |
3 |
| the Attorney General shall have the authority to investigate |
4 |
| violations of this Act pursuant to Section 20-50 or Section |
5 |
| 20-51 of this Act after receipt of notice from the Executive |
6 |
| Ethics Commission or pursuant to Section 5-45. The Attorney |
7 |
| General shall have the discretion to determine the appropriate |
8 |
| means of investigation as permitted by law, including (i) the |
9 |
| request of information relating to an investigation from any |
10 |
| person when the Attorney General deems that information |
11 |
| necessary in conducting an investigation; and (ii) the issuance |
12 |
| of subpoenas to compel the attendance of witnesses for the |
13 |
| purposes of sworn testimony and production of documents and |
14 |
| other items for inspection and copying and the service of those |
15 |
| subpoenas. |
16 |
| Nothing in this Section shall be construed as granting the |
17 |
| Attorney General the authority to investigate alleged |
18 |
| misconduct pursuant to notice received under Section 20-50 or |
19 |
| Section 20-51 of this Act, if the information contained in the |
20 |
| notice indicates that the alleged misconduct was minor in |
21 |
| nature. As used in this Section, misconduct that is "minor in |
22 |
| nature" means misconduct that was a violation of office, |
23 |
| agency, or department policy and not of this Act or any other |
24 |
| civil or criminal law. |
25 |
| (5 ILCS 430/20-21)
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Sec. 20-21. Special Executive Inspectors General.
|
2 |
| (a) The Executive Ethics Commission, on its own initiative |
3 |
| and by majority
vote,
may appoint special Executive Inspectors |
4 |
| General (i) to investigate alleged
violations of this Act if
an |
5 |
| investigation by the Inspector General was not concluded within |
6 |
| 6 months
after its
initiation, where the Commission finds that |
7 |
| the Inspector General's reasons
under Section 20-65 for failing |
8 |
| to complete the investigation are insufficient ,
and (ii) to |
9 |
| accept referrals from the Commission of allegations made |
10 |
| pursuant
to this Act concerning an Executive Inspector General |
11 |
| or employee of an Office
of an Executive Inspector General and |
12 |
| to investigate those allegations , (iii) to investigate matters |
13 |
| within the jurisdiction of an Executive Inspector General if an |
14 |
| Executive Inspector General (including his or her employees) |
15 |
| could be reasonably deemed to be a wrongdoer or suspect, or if |
16 |
| in the determination of the Commission, an investigation |
17 |
| presents real or apparent conflicts of interest for the Office |
18 |
| of the Executive Inspector General, and (iv) to investigate |
19 |
| alleged violations of this Act pursuant to Section 20-50 and |
20 |
| Section 20-51 .
|
21 |
| (b) A special Executive Inspector General must have the |
22 |
| same qualifications
as an Executive Inspector General |
23 |
| appointed under Section 20-10.
|
24 |
| (c) The Commission's appointment of a special Executive |
25 |
| Inspector General
must be in writing and must specify the |
26 |
| duration and purpose of the
appointment.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (d) A special Executive Inspector General shall have the |
2 |
| same powers and
duties
with respect to the purpose of his or |
3 |
| her appointment as an Executive
Inspector General appointed |
4 |
| under Section 20-10.
|
5 |
| (e) A special Executive
Inspector
General shall report the |
6 |
| findings of his or her investigation to the
Commission.
|
7 |
| (f) The Commission may report the findings of a special |
8 |
| Executive Inspector
General and its recommendations, if any, to |
9 |
| the appointing authority of the
appropriate Executive |
10 |
| Inspector General.
|
11 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
12 |
| (5 ILCS 430/20-45)
|
13 |
| Sec. 20-45. Standing; representation.
|
14 |
| (a) With the exception of a person appealing an Inspector |
15 |
| General's determination under Section 5-45 of this Act or under |
16 |
| applicable provisions of the Illinois Procurement Code, only |
17 |
| Only an Executive Inspector General or the Attorney General may |
18 |
| bring actions before the
Executive Ethics Commission.
The |
19 |
| Attorney General may bring actions before the Executive Ethics |
20 |
| Commission upon receipt of notice pursuant to Section 5-50 or |
21 |
| Section 5-51 or pursuant to Section 5-45.
|
22 |
| (b) With the exception of Section 5-45, the The Attorney |
23 |
| General shall represent an Executive Inspector General in
all |
24 |
| proceedings before the
Commission.
Whenever the Attorney |
25 |
| General is sick or
absent, or unable to attend, or is |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| interested in any matter or
proceeding under this Act, upon the |
2 |
| filing of a petition under seal by any
person with standing,
|
3 |
| the Supreme Court (or any other court of competent jurisdiction |
4 |
| as designated
and determined by rule of the Supreme Court) may |
5 |
| appoint
some competent attorney to prosecute or defend that |
6 |
| matter or proceeding, and
the attorney so appointed shall have |
7 |
| the same
power and authority in relation to
that matter or |
8 |
| proceeding as the
Attorney General would have had if present |
9 |
| and
attending to the same.
|
10 |
| (c) Attorneys representing an Inspector General in
|
11 |
| proceedings before the Executive Ethics Commission, except an |
12 |
| attorney
appointed under subsection (b),
shall be appointed or |
13 |
| retained by the Attorney General, shall
be under the |
14 |
| supervision, direction, and control of the Attorney General, |
15 |
| and
shall serve at the pleasure of the Attorney General. The |
16 |
| compensation of any
attorneys appointed or retained in |
17 |
| accordance
with this subsection or subsection (b) shall be paid |
18 |
| by the appropriate Office
of the Executive
Inspector General.
|
19 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
20 |
| (5 ILCS 430/20-50)
|
21 |
| Sec. 20-50. Investigation reports ; complaint procedure .
|
22 |
| (a) If an Executive Inspector General, upon the conclusion |
23 |
| of an
investigation, determines that reasonable cause exists to |
24 |
| believe that a
violation
has occurred, then
the Executive |
25 |
| Inspector General shall issue a summary report of the
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| investigation. The report shall be delivered to the
appropriate |
2 |
| ultimate jurisdictional
authority and to the head of each State
|
3 |
| agency
affected by or involved in the investigation, if |
4 |
| appropriate. The appropriate ultimate jurisdictional authority |
5 |
| or agency head shall respond to the summary report within 20 |
6 |
| days, in writing, to the Executive Inspector General. The |
7 |
| response shall include a description of any corrective or |
8 |
| disciplinary action to be imposed.
|
9 |
| (b) The summary report of the investigation shall include |
10 |
| the following:
|
11 |
| (1) A description of any allegations or other |
12 |
| information
received by the Executive Inspector General |
13 |
| pertinent to the
investigation.
|
14 |
| (2) A description of any alleged misconduct discovered |
15 |
| in the
course of the investigation.
|
16 |
| (3) Recommendations for any corrective or disciplinary
|
17 |
| action to be taken in response to any alleged misconduct |
18 |
| described in the
report, including but not limited to |
19 |
| discharge.
|
20 |
| (4) Other information the Executive Inspector General
|
21 |
| deems relevant to the investigation or resulting |
22 |
| recommendations.
|
23 |
| (c) Within 30 days after receiving a response from the |
24 |
| appropriate ultimate jurisdictional authority or agency head |
25 |
| Not less than 30 days after delivery of the summary report of
|
26 |
| an
investigation under subsection (a),
the Executive Inspector |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| General shall notify the Commission and the Attorney General if |
2 |
| the Executive Inspector General believes that a complaint |
3 |
| should be filed with the Commission. If if the Executive |
4 |
| Inspector General desires to file a petition for leave to file
|
5 |
| a
complaint with the Commission , the Executive Inspector |
6 |
| General shall submit the summary report and supporting |
7 |
| documents to notify the Commission and the
Attorney General. If |
8 |
| the Attorney General concludes that there is insufficient |
9 |
| evidence that a violation has occurred, the Attorney General |
10 |
| shall notify the Executive Inspector General and the Executive |
11 |
| Inspector General shall deliver to the Executive Ethics |
12 |
| Commission a copy of the summary report and response from the |
13 |
| ultimate jurisdictional authority or agency head.
If the |
14 |
| Attorney General determines
that reasonable cause exists to |
15 |
| believe that a violation has occurred, then the
Executive |
16 |
| Inspector
General, represented by the Attorney
General, may |
17 |
| file with the Executive Ethics Commission a petition for
leave |
18 |
| to file a complaint.
The complaint petition shall set
forth the |
19 |
| alleged violation and the
grounds that exist to support the |
20 |
| complaint petition . The petition for leave to
file a complaint |
21 |
| must be filed with the Commission within 18 months
after the |
22 |
| most recent act of the
alleged violation or of a series of |
23 |
| alleged violations
except where there is reasonable cause to |
24 |
| believe
that fraudulent concealment has occurred. To |
25 |
| constitute fraudulent concealment
sufficient to toll this |
26 |
| limitations period, there must be an affirmative act or
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| representation calculated to prevent discovery of the fact that |
2 |
| a violation has
occurred.
If a petition for leave to file a |
3 |
| complaint is not filed with the Commission
within 6 months |
4 |
| after notice by the Inspector General to the Commission and the
|
5 |
| Attorney General, then the Commission may set a meeting of the |
6 |
| Commission at
which the Attorney General shall appear and |
7 |
| provide a status
report to the Commission.
|
8 |
| (c-5) Within 30 days after receiving a response from the |
9 |
| appropriate ultimate jurisdictional authority or agency head |
10 |
| under subsection (a), if the Executive Inspector General does |
11 |
| not believe that a complaint should be filed, the Executive |
12 |
| Inspector General shall deliver to the Executive Ethics |
13 |
| Commission a statement setting forth the basis for the decision |
14 |
| not to file a complaint and a copy of the summary report and |
15 |
| response from the ultimate jurisdictional authority or agency |
16 |
| head. An Inspector General may also submit a redacted version |
17 |
| of the summary report and response from the ultimate |
18 |
| jurisdictional authority if the Inspector General believes |
19 |
| either contains information that, in the opinion of the |
20 |
| Inspector General, should be redacted prior to releasing the |
21 |
| report, may interfere with an ongoing investigation, or |
22 |
| identifies an informant or complainant. |
23 |
| (c-10) If, after reviewing the documents, the Commission |
24 |
| believes that further investigation is warranted, the |
25 |
| Commission may request that the Executive Inspector General |
26 |
| provide additional information or conduct further |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| investigation. The Commission may also appoint a Special |
2 |
| Executive Inspector General to investigate or refer the summary |
3 |
| report and response from the ultimate jurisdictional authority |
4 |
| to the Attorney General for further investigation or review. If |
5 |
| the Commission requests the Attorney General to investigate or |
6 |
| review, the Commission must notify the Attorney General and the |
7 |
| Inspector General. The Attorney General may not begin an |
8 |
| investigation or review until receipt of notice from the |
9 |
| Commission.
If, after review, the Attorney General determines |
10 |
| that reasonable cause exists to believe that a violation has |
11 |
| occurred, then the Attorney General may file a complaint with |
12 |
| the Executive Ethics Commission. If the Attorney General |
13 |
| concludes that there is insufficient evidence that a violation |
14 |
| has occurred, the Attorney General shall notify the Executive |
15 |
| Ethics Commission and the appropriate Executive Inspector |
16 |
| General. |
17 |
| (d) A copy of the complaint filed with the Executive Ethics |
18 |
| Commission petition must be served on all respondents named in |
19 |
| the
complaint and on each respondent's ultimate jurisdictional |
20 |
| authority in
the same manner as process is served under the |
21 |
| Code of Civil
Procedure.
|
22 |
| (e) A respondent may file objections to the petition for |
23 |
| leave to
file a complaint within 30 days after notice of the |
24 |
| petition has been
served on the respondent.
|
25 |
| (f) The Commission shall meet, either in person or by |
26 |
| telephone, at least 30 days after the complaint is served on |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| all respondents
in a closed session to review the sufficiency |
2 |
| of the complaint.
If the Commission finds that complaint is |
3 |
| sufficient, the Commission shall
grant the petition for leave |
4 |
| to file the
complaint.
The Commission shall
issue notice by |
5 |
| certified mail, return receipt requested, to the Executive |
6 |
| Inspector General , Attorney General, and all respondents of
the |
7 |
| Commission's ruling on the sufficiency of the complaint. If the |
8 |
| complaint
is deemed to
sufficiently allege a violation of this |
9 |
| Act, then the Commission shall notify
the parties and shall
|
10 |
| include a hearing date scheduled within 4 weeks after the date |
11 |
| of the notice,
unless all of the parties consent to a later |
12 |
| date.
If the complaint is deemed not to sufficiently allege a
|
13 |
| violation, then
the Commission shall send by certified mail, |
14 |
| return receipt requested,
a notice to the Executive Inspector |
15 |
| General, Attorney General, and all respondents the parties of |
16 |
| the decision to dismiss the complaint.
|
17 |
| (g) On the scheduled date
the Commission shall conduct a |
18 |
| closed meeting,
either in person or, if the parties consent, by |
19 |
| telephone, on the complaint and
allow all
parties the |
20 |
| opportunity to present testimony and evidence.
All such |
21 |
| proceedings shall be transcribed.
|
22 |
| (h) Within an appropriate time limit set by rules of the |
23 |
| Executive
Ethics Commission, the Commission shall (i) dismiss |
24 |
| the
complaint , or (ii) issue a recommendation of discipline to |
25 |
| the
respondent and the respondent's ultimate jurisdictional |
26 |
| authority , (iii) or
impose an administrative fine upon the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| respondent, (iv) issue injunctive relief as described in |
2 |
| Section 50-10, or (v) impose a combination of (ii) through (iv) |
3 |
| or both .
|
4 |
| (i) The proceedings on any complaint filed with the |
5 |
| Commission
shall be conducted pursuant to rules promulgated by |
6 |
| the Commission.
|
7 |
| (j) The Commission may designate hearing officers
to |
8 |
| conduct proceedings as determined by rule of the Commission.
|
9 |
| (k) In all proceedings before the Commission, the standard |
10 |
| of
proof is by a preponderance of the evidence.
|
11 |
| (l) Within 30 days after the issuance of a final |
12 |
| administrative decision that concludes that a violation |
13 |
| occurred, the Executive Ethics Commission shall make public the |
14 |
| entire record of proceedings before the Commission, the |
15 |
| decision, any recommendation, any discipline imposed, and the |
16 |
| response from the agency head or ultimate jurisdictional |
17 |
| authority to the Executive Ethics Commission. When the |
18 |
| Inspector General concludes that there is insufficient
|
19 |
| evidence that a violation has occurred, the Inspector General |
20 |
| shall close the
investigation. At the request of the subject of |
21 |
| the investigation, the
Inspector
General shall provide a |
22 |
| written statement to the subject of the investigation
and to |
23 |
| the Commission of
the Inspector General's decision to close the |
24 |
| investigation. Closure by the
Inspector General does not bar |
25 |
| the Inspector General from resuming the
investigation if |
26 |
| circumstances warrant.
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
2 |
| (5 ILCS 430/20-51 new) |
3 |
| Sec. 20-51. Closed investigations. When the Inspector |
4 |
| General concludes that there is insufficient evidence that a |
5 |
| violation has occurred, the Inspector General shall close the |
6 |
| investigation. The Inspector General shall provide the |
7 |
| Commission with a written statement of the Inspector General's |
8 |
| decision to close the investigation. At the request of the |
9 |
| subject of the investigation, the Inspector General shall |
10 |
| provide a written statement to the subject of the investigation |
11 |
| of the Inspector General's decision to close the investigation. |
12 |
| Closure by the Inspector General does not bar the Inspector |
13 |
| General from resuming the investigation if circumstances |
14 |
| warrant. The Commission also has the discretion to request that |
15 |
| the Executive Inspector General conduct further investigation |
16 |
| of any matter closed pursuant to this Section, to appoint a |
17 |
| Special Executive Inspector General to investigate,
or to refer |
18 |
| the allegations to the Attorney General for further |
19 |
| investigation or review. If the Commission requests the |
20 |
| Attorney General to investigate or review, the Commission must |
21 |
| notify the Attorney General and the Inspector General. The |
22 |
| Attorney General may not begin an investigation or review until |
23 |
| receipt of notice from the Commission. |
24 |
| (5 ILCS 430/20-52 new) |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Sec. 20-52. Release of summary reports. |
2 |
| (a) Within 60 days after receipt of a summary report and |
3 |
| response from the ultimate jurisdictional authority or agency |
4 |
| head that resulted in a suspension of at least 3 days or |
5 |
| termination of employment, the Executive Ethics Commission |
6 |
| shall make available to the public the report and response or a |
7 |
| redacted version of the report and response. The Executive |
8 |
| Ethics Commission may make available to the public any other |
9 |
| summary report and response of the ultimate jurisdictional |
10 |
| authority or agency head or a redacted version of the report |
11 |
| and response. |
12 |
| (b) The Commission shall redact information in the summary |
13 |
| report that may reveal the identity of witnesses, complainants, |
14 |
| or informants or if the Commission determines it is appropriate |
15 |
| to protect the identity of a person before the report is made |
16 |
| public. The Commission may also redact any information it |
17 |
| believes should not be made public. Prior to publication, the |
18 |
| Commission shall permit the respondents, Inspector General, |
19 |
| and Attorney General to review documents to be made public and |
20 |
| offer suggestions for redaction or provide a response that |
21 |
| shall be made public with the summary report. |
22 |
| (c) The Commission may withhold publication of the report |
23 |
| or response if the Executive Inspector General or Attorney |
24 |
| General certifies that releasing the report to the public will |
25 |
| interfere with an ongoing investigation. |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (5 ILCS 430/20-55)
|
2 |
| Sec. 20-55. Decisions; recommendations.
|
3 |
| (a) All decisions of the Executive Ethics Commission
must |
4 |
| include a description of the alleged misconduct, the decision |
5 |
| of
the Commission, including any fines levied and any |
6 |
| recommendation
of discipline, and the reasoning for that |
7 |
| decision. All decisions of the
Commission shall be delivered to |
8 |
| the head of the appropriate State
agency, the appropriate |
9 |
| ultimate jurisdictional authority, and the
appropriate |
10 |
| Executive Inspector General. The Executive Ethics
Commission |
11 |
| shall promulgate rules for the decision and
recommendation |
12 |
| process.
|
13 |
| (b) If the Executive Ethics Commission issues a
|
14 |
| recommendation of discipline to an agency head or ultimate
|
15 |
| jurisdictional authority, that agency head or ultimate |
16 |
| jurisdictional
authority must respond to that recommendation |
17 |
| in 30 days with a
written response to the Executive Ethics |
18 |
| Commission. This
response must include any disciplinary action |
19 |
| the agency head or
ultimate jurisdictional authority has taken |
20 |
| with respect to the officer or
employee in question. If the |
21 |
| agency head or ultimate jurisdictional
authority did not take |
22 |
| any disciplinary action, or took a different
disciplinary |
23 |
| action than that recommended by the Executive
Ethics |
24 |
| Commission, the agency head or ultimate jurisdictional
|
25 |
| authority must describe the different action and explain the |
26 |
| reasons for the
different action in the
written response. This |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| response must be served upon the Executive
Ethics Commission |
2 |
| and
the appropriate Executive Inspector General within the |
3 |
| 30-day period and is not
exempt from the provisions of the |
4 |
| Freedom of Information Act.
|
5 |
| (c) Disciplinary action under this Act against a person |
6 |
| subject to the Personnel Code, the Secretary of State Merit |
7 |
| Employment Code, the Comptroller Merit Employment Code, or the |
8 |
| State Treasurer Employment Code is within the jurisdiction of |
9 |
| the Executive Ethics Commission and is not within the |
10 |
| jurisdiction of those Acts. |
11 |
| (d) Any hearing to contest disciplinary action for a |
12 |
| violation of this Act against a person subject to the Personnel |
13 |
| Code, the Secretary of State Merit Employment Code, the |
14 |
| Comptroller Merit Employment Code, or the State Treasurer |
15 |
| Employment Code pursuant to an agreement between an Executive |
16 |
| Inspector General and an ultimate jurisdictional authority |
17 |
| shall be conducted by the Executive Ethics Commission and not |
18 |
| under any of those Acts. |
19 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
20 |
| (5 ILCS 430/20-60)
|
21 |
| Sec. 20-60. Appeals. A decision of the Executive
Ethics |
22 |
| Commission to impose a fine or injunctive relief is subject to |
23 |
| judicial review
under the Administrative Review Law. All other |
24 |
| decisions by the
Executive Ethics Commission are final and not |
25 |
| subject to
review either administratively or judicially.
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
2 |
| (5 ILCS 430/20-65)
|
3 |
| Sec. 20-65. Reporting of investigations Investigations not |
4 |
| concluded within 6 months . |
5 |
| (a) Each Executive Inspector General shall file a quarterly |
6 |
| activity report with the Executive Ethics Commission that |
7 |
| reflects investigative activity during the previous quarter. |
8 |
| The Executive Ethics Commission shall establish the reporting |
9 |
| dates. The activity report shall include at least the |
10 |
| following: |
11 |
| (1) The number of investigations opened during the |
12 |
| preceding quarter, the affected offices or agencies, and |
13 |
| the unique tracking numbers for new investigations. |
14 |
| (2) The number of investigations closed during the |
15 |
| preceding quarter, the affected offices or agencies, and |
16 |
| the unique tracking numbers for closed investigations. |
17 |
| (3) The status of each on-going investigation that |
18 |
| remained open at the end of the quarter, the affected |
19 |
| office, agency or agencies, the investigation's unique |
20 |
| tracking number, and a brief statement of the general |
21 |
| nature of the investigation. |
22 |
| (b) If
any investigation is not concluded within 6 months |
23 |
| after its initiation,
the appropriate Executive Inspector |
24 |
| General shall file a 6-month report with notify the Executive
|
25 |
| Ethics Commission by the fifteenth day of the month following |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| it being open for 6 months. The 6-month report shall disclose: |
2 |
| and appropriate ultimate jurisdictional authority
of the |
3 |
| general |
4 |
| (1) The general nature of the allegation or information |
5 |
| giving rise to the
investigation , the title or job duties |
6 |
| of the subjects of the investigation, and the |
7 |
| investigation's unique tracking number. |
8 |
| (2) The date of the last alleged violation of this Act |
9 |
| or other State law giving rise to the investigation. |
10 |
| (3) Whether the Executive Inspector General has found |
11 |
| credible the allegations of criminal conduct. |
12 |
| (4) Whether the allegation has been referred to an |
13 |
| appropriate law enforcement agency and the identity of the |
14 |
| law enforcement agency to which those allegations were |
15 |
| referred. |
16 |
| (5) If an allegation has not been referred to an |
17 |
| appropriate law enforcement agency, and the reasons for the |
18 |
| failure to complete the investigation
within 6 months , a |
19 |
| summary of the investigative steps taken, additional |
20 |
| investigative steps contemplated at the time of the report, |
21 |
| and an estimate of additional time necessary to complete |
22 |
| the investigation .
|
23 |
| (6) Any other information deemed necessary by the |
24 |
| Executive Ethics Commission in determining whether to |
25 |
| appoint a Special Inspector General. |
26 |
| (c) If an Executive Inspector General has referred an |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
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|
1 |
| allegation to an appropriate law enforcement agency and |
2 |
| continues to investigate the matter, the future reporting |
3 |
| requirements of this Section are suspended. |
4 |
| (d) Reports filed under this Section are exempt from the |
5 |
| Freedom of Information Act. |
6 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
7 |
| (5 ILCS 430/20-70)
|
8 |
| Sec. 20-70. Cooperation in investigations. It is the duty |
9 |
| of
every officer and employee under the jurisdiction of an |
10 |
| Executive
Inspector General, including any inspector general |
11 |
| serving in any
State agency under the jurisdiction of that |
12 |
| Executive Inspector
General, to cooperate with the Executive |
13 |
| Inspector General and the Attorney General in any
investigation |
14 |
| undertaken pursuant to this Act. Failure to cooperate includes, |
15 |
| but is not limited to, intentional omissions and knowing false |
16 |
| statements. Failure to cooperate
with an investigation of the |
17 |
| Executive Inspector General or the Attorney General is grounds
|
18 |
| for disciplinary action, including dismissal. Nothing in this |
19 |
| Section limits or
alters a person's existing rights or |
20 |
| protections under State or federal law.
|
21 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
22 |
| (5 ILCS 430/20-80)
|
23 |
| Sec. 20-80. Referrals of investigations. If an Executive
|
24 |
| Inspector General determines that any alleged misconduct |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| involves
any person not subject to the jurisdiction of the |
2 |
| Executive
Ethics Commission, that Executive Inspector General |
3 |
| shall refer the
reported allegations to the appropriate |
4 |
| Inspector General, appropriate ethics
commission, or other
|
5 |
| appropriate body. If an Executive Inspector General determines |
6 |
| that
any alleged misconduct may give rise to criminal |
7 |
| penalties, the
Executive Inspector General may refer the |
8 |
| allegations regarding that
misconduct to the appropriate law |
9 |
| enforcement authority. If an Executive Inspector General |
10 |
| determines that any alleged misconduct resulted in the loss of |
11 |
| public funds in an amount of $5,000 or greater, the Executive |
12 |
| Inspector General shall refer the allegations regarding that |
13 |
| misconduct to the Attorney General and any other appropriate |
14 |
| law enforcement authority.
|
15 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
16 |
| (5 ILCS 430/20-85)
|
17 |
| Sec. 20-85. Monthly Quarterly reports by Executive |
18 |
| Inspector General.
Each Executive Inspector General shall |
19 |
| submit monthly quarterly
reports to the appropriate executive |
20 |
| branch constitutional officer and the
Executive Ethics |
21 |
| Commission , on dates determined by the executive branch |
22 |
| constitutional officer
Executive Ethics Commission , |
23 |
| indicating:
|
24 |
| (1) the number of allegations received since the date |
25 |
| of the last report;
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (2) the number of investigations initiated since the |
2 |
| date of
the last report;
|
3 |
| (3) the number of investigations concluded since the |
4 |
| date of
the last report;
|
5 |
| (4) the number of investigations pending as of the |
6 |
| reporting
date;
|
7 |
| (5) the number of complaints forwarded to the Attorney |
8 |
| General since the
date of the last report; and
|
9 |
| (6) the number of actions filed with the Executive |
10 |
| Ethics Commission since
the date of the last report and the |
11 |
| number of
actions pending before the Executive Ethics |
12 |
| Commission as of the reporting
date ; and |
13 |
| (7) the number of allegations referred to any law |
14 |
| enforcement agency .
|
15 |
| The monthly report shall be available on the websites of |
16 |
| the Executive Inspector General and the constitutional |
17 |
| officer. |
18 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
19 |
| (5 ILCS 430/20-90)
|
20 |
| Sec. 20-90. Confidentiality.
|
21 |
| (a) The identity of any individual providing information or |
22 |
| reporting any
possible or alleged
misconduct to an Executive |
23 |
| Inspector General or the Executive Ethics
Commission
shall be |
24 |
| kept confidential and may not be disclosed
without the consent |
25 |
| of that individual, unless the individual consents to
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| disclosure of his or her name or disclosure of the individual's |
2 |
| identity is
otherwise required by law. The confidentiality |
3 |
| granted by this subsection does
not preclude the disclosure of |
4 |
| the identity of a person in any capacity other
than as the |
5 |
| source of an allegation.
|
6 |
| (b) Subject to the provisions of Section 20-52 Section |
7 |
| 20-50(c) , commissioners, employees,
and agents of the |
8 |
| Executive Ethics Commission,
the Executive Inspectors General, |
9 |
| and employees and agents of each Office of
an
Executive |
10 |
| Inspector General , the Attorney General, and the employees and |
11 |
| agents of the office of the Attorney General shall keep |
12 |
| confidential and shall not disclose
information exempted from |
13 |
| disclosure under the Freedom of
Information Act or by this Act.
|
14 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
15 |
| (5 ILCS 430/20-95)
|
16 |
| Sec. 20-95. Exemptions.
|
17 |
| (a) Documents generated by an ethics
officer under this |
18 |
| Act, except Section 5-50, are exempt from the provisions of
the |
19 |
| Freedom
of Information Act.
|
20 |
| (b) Any allegations
and related documents
submitted to an |
21 |
| Executive Inspector General and any pleadings and
related |
22 |
| documents brought before the Executive Ethics
Commission are |
23 |
| exempt from the provisions of the Freedom of
Information Act so |
24 |
| long as the Executive Ethics Commission
does not make a finding |
25 |
| of a violation of this Act.
If the Executive
Ethics Commission |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| finds that a violation has occurred, the
entire record of |
2 |
| proceedings before the Commission, the decision and
|
3 |
| recommendation, and the response mandatory report from the |
4 |
| agency head or
ultimate jurisdictional authority to the |
5 |
| Executive Ethics
Commission are not exempt from the provisions |
6 |
| of the Freedom of
Information Act but information contained |
7 |
| therein that is otherwise exempt from
the
Freedom of |
8 |
| Information Act must be redacted before disclosure as provided |
9 |
| in
Section 8 of the Freedom of Information Act. A summary |
10 |
| report released by the Executive Ethics Commission under |
11 |
| Section 20-52 is a public record, but information redacted by |
12 |
| the Executive Ethics Commission shall not be part of the public |
13 |
| record.
|
14 |
| (c) Meetings of the Commission under
Sections 20-5
and |
15 |
| 20-15 of this Act are exempt from the provisions of the Open
|
16 |
| Meetings Act.
|
17 |
| (d) Unless otherwise provided in this Act, all |
18 |
| investigatory files and
reports of the Office of an Executive |
19 |
| Inspector General, other than monthly quarterly
reports |
20 |
| required under Section 20-85 , are confidential, are exempt from |
21 |
| disclosure
under the Freedom of Information Act, and shall not |
22 |
| be divulged to
any person or agency, except as necessary (i) to |
23 |
| a the appropriate law
enforcement
authority if the matter is |
24 |
| referred pursuant to this Act , (ii) to the ultimate
|
25 |
| jurisdictional authority, (iii) to the
Executive Ethics |
26 |
| Commission; or (iv) to another Inspector General appointed
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| pursuant to this Act.
|
2 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
3 |
| (5 ILCS 430/25-5)
|
4 |
| Sec. 25-5. Legislative Ethics Commission.
|
5 |
| (a) The Legislative Ethics Commission is created.
|
6 |
| (b) The Legislative Ethics Commission shall consist of 8
|
7 |
| commissioners appointed 2 each by the
President and Minority |
8 |
| Leader of the Senate and the Speaker and Minority Leader
of the |
9 |
| House of Representatives.
|
10 |
| The terms of the initial commissioners shall commence upon |
11 |
| qualification.
Each appointing authority shall designate one |
12 |
| appointee who
shall serve for a 2-year term running through
|
13 |
| June 30, 2005.
Each appointing authority shall designate one |
14 |
| appointee who
shall serve for a
4-year term running through |
15 |
| June 30, 2007.
The initial appointments shall be made within 60 |
16 |
| days
after the effective date of this Act.
|
17 |
| After the initial terms, commissioners shall serve for |
18 |
| 4-year terms
commencing on July 1 of the year of appointment |
19 |
| and running
through June 30 of the fourth following year. |
20 |
| Commissioners may be
reappointed to one or more subsequent |
21 |
| terms.
|
22 |
| Vacancies occurring other than at the end of a term shall |
23 |
| be filled
by the appointing authority only for the balance of |
24 |
| the
term of the commissioner whose office is vacant.
|
25 |
| Terms shall run regardless of whether the position is |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| filled.
|
2 |
| (c) The appointing authorities shall appoint commissioners |
3 |
| who
have experience holding governmental office or employment |
4 |
| and may
appoint commissioners who are members of the General |
5 |
| Assembly as well as
commissioners from the general public.
A |
6 |
| commissioner who is a member of the General Assembly must |
7 |
| recuse himself or
herself from participating in any matter |
8 |
| relating to any investigation or
proceeding in which he or she |
9 |
| is the subject.
A person is not eligible to
serve as a |
10 |
| commissioner if that person (i) has been convicted of a
felony |
11 |
| or a crime of dishonesty or moral turpitude, (ii) is, or was
|
12 |
| within the preceding 12 months, engaged in activities that
|
13 |
| require registration under the Lobbyist Registration Act, |
14 |
| (iii) is a
relative of the appointing authority, or (iv) is a |
15 |
| State officer or employee
other than a member of the General |
16 |
| Assembly.
|
17 |
| (d) The Legislative Ethics Commission shall have
|
18 |
| jurisdiction over members of the General Assembly and
all State
|
19 |
| employees whose ultimate jurisdictional authority is
(i) a |
20 |
| legislative leader, (ii) the Senate Operations Commission, or |
21 |
| (iii) the
Joint Committee on Legislative Support Services.
The |
22 |
| jurisdiction of the
Commission is limited to matters arising |
23 |
| under this Act.
|
24 |
| An officer or executive branch State employee serving on a |
25 |
| legislative branch board or commission remains subject to the |
26 |
| jurisdiction of the Executive Ethics Commission and is not |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| subject to the jurisdiction of the Legislative Ethics |
2 |
| Commission. |
3 |
| (e) The Legislative Ethics Commission must meet, either
in |
4 |
| person or by other technological means, monthly or as
often as |
5 |
| necessary. At the first meeting of the Legislative
Ethics |
6 |
| Commission, the commissioners shall choose from their
number a |
7 |
| chairperson and other officers that they deem appropriate.
The |
8 |
| terms of officers shall be for 2 years commencing July 1 and
|
9 |
| running through June 30 of the second following year. Meetings |
10 |
| shall be held at
the call
of the chairperson or any 3 |
11 |
| commissioners. Official action by the
Commission shall require |
12 |
| the affirmative vote of 5 commissioners, and
a quorum shall |
13 |
| consist of 5 commissioners. Commissioners shall receive
no |
14 |
| compensation but
may be
reimbursed for their reasonable |
15 |
| expenses actually incurred in the
performance of their duties.
|
16 |
| (f) No commissioner, other than a commissioner who is a |
17 |
| member of the
General
Assembly, or employee of the Legislative
|
18 |
| Ethics Commission may during his or her term of appointment or |
19 |
| employment:
|
20 |
| (1) become a candidate for any elective office;
|
21 |
| (2) hold any other elected or appointed public office
|
22 |
| except for appointments on governmental advisory boards
or |
23 |
| study commissions or as otherwise expressly authorized by |
24 |
| law;
|
25 |
| (3) be actively involved in the affairs of any |
26 |
| political party or political
organization; or
|
|
|
|
09600SB0054ham001 |
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|
1 |
| (4) advocate for the appointment of another person to |
2 |
| an appointed or elected office or position or actively |
3 |
| participate in any campaign for any
elective office.
|
4 |
| (g) An appointing authority may remove a
commissioner only |
5 |
| for cause.
|
6 |
| (h) The Legislative Ethics Commission shall appoint an
|
7 |
| Executive Director subject to the approval of at least 3 of the |
8 |
| 4 legislative leaders. The compensation of the Executive |
9 |
| Director shall
be as determined by the Commission or by the |
10 |
| Compensation Review
Board, whichever amount is higher . The |
11 |
| Executive Director of the Legislative
Ethics Commission may |
12 |
| employ, subject to the approval of at least 3 of the 4 |
13 |
| legislative leaders, and determine the
compensation of staff, |
14 |
| as appropriations permit.
|
15 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) |
16 |
| (5 ILCS 430/25-20)
|
17 |
| Sec. 25-20. Duties of the Legislative Inspector
General. In |
18 |
| addition to duties otherwise assigned by law,
the Legislative |
19 |
| Inspector General shall have the following duties:
|
20 |
| (1) To receive and investigate allegations of |
21 |
| violations of this
Act. The
Legislative Inspector General |
22 |
| may receive information through the
Office of the |
23 |
| Legislative Inspector General or
through an ethics |
24 |
| commission.
An investigation may be conducted only in |
25 |
| response
to information reported to the Legislative |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Inspector General
as provided in this Section and not upon |
2 |
| his or her own prerogative.
Allegations may not be made |
3 |
| anonymously. An investigation may not be initiated
more |
4 |
| than one year after the most recent act of the alleged |
5 |
| violation or of a
series of alleged violations except where |
6 |
| there is reasonable cause to believe
that fraudulent |
7 |
| concealment has occurred. To constitute fraudulent |
8 |
| concealment
sufficient to toll this limitations period, |
9 |
| there must be an affirmative act or
representation |
10 |
| calculated to prevent discovery of the fact that a |
11 |
| violation
has occurred. The
Legislative Inspector General |
12 |
| shall have the discretion to determine the
appropriate |
13 |
| means of investigation as permitted by law.
|
14 |
| (2) To request information relating to an |
15 |
| investigation from any
person when the Legislative |
16 |
| Inspector General deems that information necessary
in
|
17 |
| conducting an investigation.
|
18 |
| (3) To issue subpoenas, with the advance approval of |
19 |
| the Commission,
to compel the attendance of witnesses for |
20 |
| the
purposes of testimony and production of documents and |
21 |
| other items for
inspection and copying and to make service |
22 |
| of those subpoenas and subpoenas
issued under item (7) of |
23 |
| Section 25-15.
|
24 |
| (4) To submit reports as required by this Act.
|
25 |
| (5) To file
pleadings in the name of
the Legislative |
26 |
| Inspector General with the Legislative Ethics
Commission, |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| through the Attorney General, as provided in this Article |
2 |
| if the
Attorney General finds that reasonable cause exists |
3 |
| to believe that a violation
has
occurred.
|
4 |
| (6) To assist and coordinate the ethics officers
for |
5 |
| State agencies under the jurisdiction of the
Legislative |
6 |
| Inspector General and to work with those ethics officers.
|
7 |
| (7) To participate in or conduct, when appropriate, |
8 |
| multi-jurisdictional
investigations.
|
9 |
| (8) To request, as the Legislative Inspector General |
10 |
| deems appropriate,
from ethics officers
of State agencies |
11 |
| under his or her jurisdiction, reports or information
on |
12 |
| (i) the content of a State agency's ethics
training program |
13 |
| and (ii) the percentage of new officers and
employees who |
14 |
| have completed ethics training.
|
15 |
| (9) To establish a policy that ensures the appropriate |
16 |
| handling and correct recording of all investigations of |
17 |
| allegations and to ensure that the policy is accessible via |
18 |
| the Internet in order that those seeking to report those |
19 |
| allegations are familiar with the process and that the |
20 |
| subjects of those allegations are treated fairly. |
21 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
22 |
| (5 ILCS 430/25-20a new)
|
23 |
| Sec. 25-20a. Attorney General investigatory authority. In |
24 |
| addition to investigatory authority otherwise granted by law, |
25 |
| the Attorney General shall have the authority to investigate |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| violations of this Act pursuant to Section 25-50 or Section |
2 |
| 25-51 of this Act after receipt of notice from the Legislative |
3 |
| Ethics Commission or pursuant to Section 5-45. The Attorney |
4 |
| General shall have the discretion to determine the appropriate |
5 |
| means of investigation as permitted by law, including (i) the |
6 |
| request of information relating to an investigation from any |
7 |
| person when the Attorney General deems that information |
8 |
| necessary in conducting an investigation; and (ii) the issuance |
9 |
| of subpoenas to compel the attendance of witnesses for the |
10 |
| purposes of sworn testimony and production of documents and |
11 |
| other items for inspection and copying and the service of those |
12 |
| subpoenas. |
13 |
| Nothing in this Section shall be construed as granting the |
14 |
| Attorney General the authority to investigate alleged |
15 |
| misconduct pursuant to notice received under Section 5-45, |
16 |
| Section 25-50, or Section 25-51 of this Act, if the information |
17 |
| contained in the notice indicates that the alleged misconduct |
18 |
| was minor in nature. As used in this Section, misconduct that |
19 |
| is "minor in nature" means misconduct that was a violation of |
20 |
| office, agency, or department policy and not of this Act or any |
21 |
| other civil or criminal law. |
22 |
| (5 ILCS 430/25-50)
|
23 |
| Sec. 25-50. Investigation reports ; complaint procedure .
|
24 |
| (a) If the Legislative Inspector General, upon the |
25 |
| conclusion of an
investigation, determines that reasonable |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| cause exists to believe that a
violation
has occurred, then
the |
2 |
| Legislative Inspector General shall issue a summary report of |
3 |
| the
investigation. The report shall be delivered to the
|
4 |
| appropriate ultimate jurisdictional
authority and to the head |
5 |
| of each State
agency
affected by or involved in the |
6 |
| investigation, if appropriate. The appropriate ultimate |
7 |
| jurisdictional authority or agency head shall respond to the |
8 |
| summary report within 20 days, in writing, to the Legislative |
9 |
| Inspector General. The response shall include a description of |
10 |
| any corrective or disciplinary action to be imposed.
|
11 |
| (b) The summary report of the investigation shall include |
12 |
| the following:
|
13 |
| (1) A description of any allegations or other |
14 |
| information
received by the Legislative Inspector General |
15 |
| pertinent to the
investigation.
|
16 |
| (2) A description of any alleged misconduct discovered |
17 |
| in the
course of the investigation.
|
18 |
| (3) Recommendations for any corrective or disciplinary
|
19 |
| action to be taken in response to any alleged misconduct |
20 |
| described in the
report, including but not limited to |
21 |
| discharge.
|
22 |
| (4) Other information the Legislative Inspector |
23 |
| General
deems relevant to the investigation or resulting |
24 |
| recommendations.
|
25 |
| (c) Within 30 days after receiving a response from the |
26 |
| appropriate ultimate jurisdictional authority or agency head |
|
|
|
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|
1 |
| Not less than 30 days after delivery of the summary report of
|
2 |
| an
investigation under subsection (a), the Legislative |
3 |
| Inspector General shall notify the Commission and the Attorney |
4 |
| General if the Legislative Inspector General believes that a |
5 |
| complaint should be filed with the Commission. If
if the |
6 |
| Legislative Inspector General desires to file a petition for |
7 |
| leave to
file a
complaint with the Commission , the Legislative |
8 |
| Inspector General shall submit the summary report and |
9 |
| supporting documents to notify the Commission and
the
Attorney |
10 |
| General. If the Attorney General concludes that there is |
11 |
| insufficient evidence that a violation has occurred, the |
12 |
| Attorney General shall notify the Legislative Inspector |
13 |
| General and the Legislative Inspector General shall deliver to |
14 |
| the Legislative Ethics Commission a copy of the summary report |
15 |
| and response from the ultimate jurisdictional authority or |
16 |
| agency head.
If the Attorney General determines
that reasonable |
17 |
| cause exists to believe that a violation has occurred, then the
|
18 |
| Legislative Inspector
General, represented by the Attorney
|
19 |
| General, may file with the Legislative Ethics Commission a |
20 |
| petition for
leave to file a complaint.
The complaint petition |
21 |
| shall set
forth the alleged violation and the
grounds that |
22 |
| exist to support the complaint petition . The petition for leave |
23 |
| to
file a complaint must be filed with the Commission within 18 |
24 |
| months
after the most recent act of the alleged violation or of |
25 |
| a series of alleged
violations
except where there is reasonable |
26 |
| cause to believe
that fraudulent concealment has occurred. To |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| constitute fraudulent concealment
sufficient to toll this |
2 |
| limitations period, there must be an affirmative act or
|
3 |
| representation calculated to prevent discovery of the fact that |
4 |
| a violation has
occurred.
If a petition for leave to file a |
5 |
| complaint is not filed with the Commission
within 6 months |
6 |
| after notice by the Inspector General to the Commission and the
|
7 |
| Attorney General, then the Commission may set a meeting of the |
8 |
| Commission at
which the Attorney General shall appear and |
9 |
| provide a status
report to the Commission.
|
10 |
| (c-5) Within 30 days after receiving a response from the |
11 |
| appropriate ultimate jurisdictional authority or agency head |
12 |
| under subsection (a), if the Legislative Inspector General does |
13 |
| not believe that a complaint should be filed, the Legislative |
14 |
| Inspector General shall deliver to the Legislative Ethics |
15 |
| Commission a statement setting forth the basis for the decision |
16 |
| not to file a complaint and a copy of the summary report and |
17 |
| response from the ultimate jurisdictional authority or agency |
18 |
| head. The Inspector General may also submit a redacted version |
19 |
| of the summary report and response from the ultimate |
20 |
| jurisdictional authority if the Inspector General believes |
21 |
| either contains information that, in the opinion of the |
22 |
| Inspector General, should be redacted prior to releasing the |
23 |
| report, may interfere with an ongoing investigation, or |
24 |
| identifies an informant or complainant. |
25 |
| (c-10) If, after reviewing the documents, the Commission |
26 |
| believes that further investigation is warranted, the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| Commission may request that the Legislative Inspector General |
2 |
| provide additional information or conduct further |
3 |
| investigation. The Commission may also refer the summary report |
4 |
| and response from the ultimate jurisdictional authority to the |
5 |
| Attorney General for further investigation or review. If the |
6 |
| Commission requests the Attorney General to investigate or |
7 |
| review, the Commission must notify the Attorney General and the |
8 |
| Legislative Inspector General. The Attorney General may not |
9 |
| begin an investigation or review until receipt of notice from |
10 |
| the Commission. If, after review, the Attorney General |
11 |
| determines that reasonable cause exists to believe that a |
12 |
| violation has occurred, then the Attorney General may file a |
13 |
| complaint with the Legislative Ethics Commission. If the |
14 |
| Attorney General concludes that there is insufficient evidence |
15 |
| that a violation has occurred, the Attorney General shall |
16 |
| notify the Legislative Ethics Commission and the appropriate |
17 |
| Legislative Inspector General. |
18 |
| (d) A copy of the complaint filed with the Legislative |
19 |
| Ethics Commission petition must be served on all respondents |
20 |
| named in the
complaint and on each respondent's ultimate |
21 |
| jurisdictional authority in
the same manner as process is |
22 |
| served under the Code of Civil
Procedure.
|
23 |
| (e) A respondent may file objections to the petition for |
24 |
| leave to
file a complaint within 30 days after notice of the |
25 |
| petition has been
served on the respondent.
|
26 |
| (f) The Commission shall meet, at least 30 days after the |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| complaint is served on all respondents either in person or by |
2 |
| telephone,
in a closed session to review the sufficiency of the |
3 |
| complaint.
If the Commission finds that complaint is |
4 |
| sufficient, the Commission shall
grant the petition for leave |
5 |
| to file the
complaint.
The Commission shall
issue notice by |
6 |
| certified mail, return receipt requested, to the Legislative |
7 |
| Inspector General , the Attorney General, and all respondents of
|
8 |
| the Commission's ruling on the sufficiency of the complaint. If |
9 |
| the complaint
is deemed to
sufficiently allege a violation of |
10 |
| this Act, then the Commission shall notify
the parties and |
11 |
| shall
include a hearing date scheduled within 4 weeks after the |
12 |
| date of the notice,
unless all of the parties consent to a |
13 |
| later date.
If the complaint is deemed not to sufficiently |
14 |
| allege a
violation, then
the Commission shall send by certified |
15 |
| mail, return receipt requested,
a notice to the Legislative |
16 |
| Inspector General, the Attorney General, and all respondents |
17 |
| the parties of the decision to dismiss the complaint.
|
18 |
| (g) On the scheduled date
the Commission shall conduct a |
19 |
| closed meeting,
either in person or, if the parties consent, by |
20 |
| telephone, on the complaint and
allow all
parties the |
21 |
| opportunity to present testimony and evidence.
All such |
22 |
| proceedings shall be transcribed.
|
23 |
| (h) Within an appropriate time limit set by rules of the |
24 |
| Legislative
Ethics Commission, the Commission shall (i) |
25 |
| dismiss the
complaint , or (ii) issue a recommendation of |
26 |
| discipline to the
respondent and the respondent's ultimate |
|
|
|
09600SB0054ham001 |
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|
1 |
| jurisdictional authority , (iii) or
impose an administrative |
2 |
| fine upon the respondent, (iv) issue injunctive relief as |
3 |
| described in Section 50-10, or (v) impose a combination of (ii) |
4 |
| through (iv) or both .
|
5 |
| (i) The proceedings on any complaint filed with the |
6 |
| Commission
shall be conducted pursuant to rules promulgated by |
7 |
| the Commission.
|
8 |
| (j) The Commission may designate hearing officers
to |
9 |
| conduct proceedings as determined by rule of the Commission.
|
10 |
| (k) In all proceedings before the Commission, the standard |
11 |
| of
proof is by a preponderance of the evidence.
|
12 |
| (l) Within 30 days after the issuance of a final |
13 |
| administrative decision that concludes that a violation |
14 |
| occurred, the Legislative Ethics Commission shall make public |
15 |
| the entire record of proceedings before the Commission, the |
16 |
| decision, any recommendation, any discipline imposed, and the |
17 |
| response from the agency head or ultimate jurisdictional |
18 |
| authority to the Legislative Ethics Commission. When the |
19 |
| Inspector General concludes that there is insufficient
|
20 |
| evidence that a violation has occurred, the Inspector General |
21 |
| shall close the
investigation. At the request of the subject of |
22 |
| the investigation, the
Inspector
General shall provide a |
23 |
| written statement to the subject of the investigation
and to |
24 |
| the Commission of
the Inspector General's decision to close the |
25 |
| investigation. Closure by the
Inspector General does not bar |
26 |
| the Inspector General from resuming the
investigation if |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| circumstances warrant.
|
2 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
3 |
| (5 ILCS 430/25-51 new) |
4 |
| Sec. 25-51. Closed investigations. When the Legislative |
5 |
| Inspector General concludes that there is insufficient |
6 |
| evidence that a violation has occurred, the Inspector General |
7 |
| shall close the investigation. The Legislative Inspector |
8 |
| General shall provide the Commission with a written statement |
9 |
| of the decision to close the investigation. At the request of |
10 |
| the subject of the investigation, the Legislative Inspector |
11 |
| General shall provide a written statement to the subject of the |
12 |
| investigation of the Inspector General's decision to close the |
13 |
| investigation. Closure by the Legislative Inspector General |
14 |
| does not bar the Inspector General from resuming the |
15 |
| investigation if circumstances warrant. The Commission also |
16 |
| has the discretion to request that the Legislative Inspector |
17 |
| General conduct further investigation of any matter closed |
18 |
| pursuant to this Section, or to refer the allegations to the |
19 |
| Attorney General for further review or investigation. If the |
20 |
| Commission requests the Attorney General to investigate or |
21 |
| review, the Commission must notify the Attorney General and the |
22 |
| Inspector General. The Attorney General may not begin an |
23 |
| investigation or review until receipt of notice from the |
24 |
| Commission. |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| (5 ILCS 430/25-52 new) |
2 |
| Sec. 25-52. Release of summary reports. |
3 |
| (a) Within 60 days after receipt of a summary report and |
4 |
| response from the ultimate jurisdictional authority or agency |
5 |
| head that resulted in a suspension of at least 3 days or |
6 |
| termination of employment, the Legislative Ethics Commission |
7 |
| shall make available to the public the report and response or a |
8 |
| redacted version of the report and response. The Legislative |
9 |
| Ethics Commission may make available to the public any other |
10 |
| summary report and response of the ultimate jurisdictional |
11 |
| authority or agency head or a redacted version of the report |
12 |
| and response. |
13 |
| (b) The Legislative Ethics Commission shall redact |
14 |
| information in the summary report that may reveal the identity |
15 |
| of witnesses, complainants, or informants or if the Commission |
16 |
| determines it is appropriate to protect the identity of a |
17 |
| person before publication. The Commission may also redact any |
18 |
| information it believes should not be made public.
Prior to |
19 |
| publication, the Commission shall permit the respondents, |
20 |
| Legislative Inspector General, and Attorney General to review |
21 |
| documents to be made public and offer suggestions for redaction |
22 |
| or provide a response that shall be made public with the |
23 |
| summary report. |
24 |
| (c) The Legislative Ethics Commission may withhold |
25 |
| publication of the report or response if the Legislative |
26 |
| Inspector General or Attorney General certifies that |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| publication will interfere with an ongoing investigation. |
2 |
| (5 ILCS 430/25-65)
|
3 |
| Sec. 25-65. Reporting of investigations Investigations not |
4 |
| concluded within 6 months . |
5 |
| (a) The Legislative Inspector General shall file a |
6 |
| quarterly activity report with the Legislative Ethics |
7 |
| Commission that reflects investigative activity during the |
8 |
| previous quarter. The Legislative Ethics Commission shall |
9 |
| establish the reporting dates. The activity report shall |
10 |
| include at least the following: |
11 |
| (1) A summary of any investigation opened during the |
12 |
| preceding quarter, the affected office, agency or |
13 |
| agencies, the investigation's unique tracking number, and |
14 |
| a brief statement of the general nature of the allegation |
15 |
| or allegations. |
16 |
| (2) A summary of any investigation closed during the |
17 |
| preceding quarter, the affected office, agency or |
18 |
| agencies, the investigation's unique tracking number, and |
19 |
| a brief statement of the general nature of the allegations |
20 |
| or allegations. |
21 |
| (3) The status of an ongoing investigation that |
22 |
| remained open at the end of the quarter, the affected |
23 |
| office, agency or agencies, the investigation's unique |
24 |
| tracking number, and a brief statement of the general |
25 |
| nature of the investigation. |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (b) If
any investigation is not concluded within 6 months |
2 |
| after its initiation,
the Legislative Inspector General shall |
3 |
| file a 6-month report with notify the Legislative
Ethics |
4 |
| Commission no later than 10 days after the 6th month. The |
5 |
| 6-month report shall disclose: and appropriate ultimate |
6 |
| jurisdictional authority
of the |
7 |
| (1) The general nature of the allegation or information |
8 |
| giving rise to the
investigation , the title or job duties |
9 |
| of the subjects of the investigation, and the |
10 |
| investigation's unique tracking number. |
11 |
| (2) The date of the last alleged violation of this Act |
12 |
| or other State law giving rise to the investigation. |
13 |
| (3) Whether the Legislative Inspector General has |
14 |
| found credible the allegations of criminal conduct. |
15 |
| (4) Whether the allegation has been referred to an |
16 |
| appropriate law enforcement agency and the identity of the |
17 |
| law enforcement agency to which those allegations were |
18 |
| referred. |
19 |
| (5) If an allegation has not been referred to an |
20 |
| appropriate law enforcement agency, and the reasons for the |
21 |
| failure to complete the investigation
within 6 months , a |
22 |
| summary of the investigative steps taken, additional |
23 |
| investigative steps contemplated at the time of the report, |
24 |
| and an estimate of additional time necessary to complete |
25 |
| the investigation. |
26 |
| (6) Any other information deemed necessary by the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| Legislative Ethics Commission in determining whether to |
2 |
| appoint a Special Inspector General. |
3 |
| (c) If the Legislative Inspector General has referred an |
4 |
| allegation to an appropriate law enforcement agency and |
5 |
| continues to investigate the matter, the future reporting |
6 |
| requirements of this Section are suspended .
|
7 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
8 |
| (5 ILCS 430/25-95)
|
9 |
| Sec. 25-95. Exemptions.
|
10 |
| (a) Documents generated by an ethics
officer under this |
11 |
| Act, except Section 5-50, are exempt from the provisions of
the |
12 |
| Freedom
of Information Act.
|
13 |
| (a-5) Requests from ethics officers, members, and State |
14 |
| employees to the Office of the Legislative Inspector General, a |
15 |
| Special Legislative Inspector General, the Legislative Ethics |
16 |
| Commission, an ethics officer, or a person designated by a |
17 |
| legislative leader for guidance on matters involving the |
18 |
| interpretation or application of this Act or rules promulgated |
19 |
| under this Act are exempt from the provisions of the Freedom of |
20 |
| Information Act. Guidance provided to an ethics officer, |
21 |
| member, or State employee at the request of an ethics officer, |
22 |
| member, or State employee by the Office of the Legislative |
23 |
| Inspector General, a Special Legislative Inspector General, |
24 |
| the Legislative Ethics Commission, an ethics officer, or a |
25 |
| person designated by a legislative leader on matters involving |
|
|
|
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|
1 |
| the interpretation or application of this Act or rules |
2 |
| promulgated under this Act is exempt from the provisions of the |
3 |
| Freedom of Information Act.
|
4 |
| (b) Summary investigation reports released by the |
5 |
| Legislative Ethics Commission as provided in Section 25-52 are |
6 |
| public records. Otherwise, any Any allegations
and related |
7 |
| documents
submitted to the Legislative Inspector General and |
8 |
| any pleadings and
related documents brought before the |
9 |
| Legislative Ethics
Commission are exempt from the provisions of |
10 |
| the Freedom of
Information Act so long as the Legislative |
11 |
| Ethics Commission
does not make a finding of a violation of |
12 |
| this Act.
If the Legislative
Ethics Commission finds that a |
13 |
| violation has occurred, the
entire record of proceedings before |
14 |
| the Commission, the decision and
recommendation, and the |
15 |
| mandatory report from the agency head or
ultimate |
16 |
| jurisdictional authority to the Legislative Ethics
Commission |
17 |
| are not exempt from the provisions of the Freedom of
|
18 |
| Information Act but information contained therein that is |
19 |
| exempt from the
Freedom of Information Act must be redacted |
20 |
| before disclosure as provided in
Section 8 of the Freedom of |
21 |
| Information Act.
|
22 |
| (c) Meetings of the Commission under
Sections 25-5
and |
23 |
| 25-15 of this Act are exempt from the provisions of the Open
|
24 |
| Meetings Act.
|
25 |
| (d) Unless otherwise provided in this Act, all |
26 |
| investigatory files and
reports of the Office of the |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Legislative Inspector General, other than
monthly quarterly
|
2 |
| reports, are confidential, are exempt from disclosure
under the |
3 |
| Freedom of Information Act, and shall not be divulged to
any |
4 |
| person or agency, except as necessary (i) to the appropriate |
5 |
| law
enforcement
authority if the matter is referred pursuant to |
6 |
| this Act, (ii) to the ultimate
jurisdictional authority, or |
7 |
| (iii) to the
Legislative Ethics Commission.
|
8 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) |
9 |
| (5 ILCS 430/35-5)
|
10 |
| Sec. 35-5. Appointment of Inspectors General. Nothing in |
11 |
| this Act
precludes
the appointment by the Governor, the |
12 |
| Lieutenant Governor, the Attorney General,
the
Secretary of |
13 |
| State, the Comptroller, or the Treasurer of any inspector |
14 |
| general
required
or permitted by law. Nothing in this Act |
15 |
| precludes the Governor, the Attorney
General,
the Secretary of |
16 |
| State, the Comptroller, or the Treasurer from appointing an
|
17 |
| existing
inspector general under his or her jurisdiction to |
18 |
| serve simultaneously as an
Executive
Inspector General. This |
19 |
| Act shall be read consistently with all existing State
statutes
|
20 |
| that create inspectors general under the jurisdiction of an |
21 |
| executive branch
constitutional officer.
|
22 |
| This Act prohibits the appointment or employment by an |
23 |
| officer, member, State employee, or State agency of any person |
24 |
| to serve or act with respect to one or more State agencies as |
25 |
| an Inspector General under this Act except as authorized and |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| required by Articles 20, 25, and 30 of this Act or Section 14 |
2 |
| of the Secretary of State Act. No officer, member, State |
3 |
| employee, or State agency may appoint or employ an inspector |
4 |
| general for any purpose except as authorized or required by |
5 |
| law. |
6 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
7 |
| (5 ILCS 430/50-5)
|
8 |
| Sec. 50-5. Penalties.
|
9 |
| (a) A person is guilty of a Class A misdemeanor if that |
10 |
| person intentionally
violates any provision of Section 5-15, |
11 |
| 5-30, 5-40, or 5-45 or Article 15.
|
12 |
| (a-1) An ethics commission may levy an administrative fine |
13 |
| for a violation of Section 5-45 of this Act of up to 3 times the |
14 |
| total annual compensation that would have been obtained in |
15 |
| violation of Section 5-45. |
16 |
| (b) A person who intentionally violates any provision
of |
17 |
| Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business |
18 |
| offense
subject to a fine of at least $1,001 and up to $5,000.
|
19 |
| (c) A person who intentionally violates any provision of |
20 |
| Article 10 is
guilty of a business
offense and subject to a |
21 |
| fine of at least $1,001 and up to $5,000.
|
22 |
| (d) Any person who intentionally makes a
false report |
23 |
| alleging a violation of any provision of this Act to an ethics
|
24 |
| commission,
an inspector general,
the State Police, a State's |
25 |
| Attorney, the Attorney General, or any other law
enforcement |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| official is guilty of a Class A misdemeanor.
|
2 |
| (e) An ethics commission may levy an administrative fine of |
3 |
| up to $5,000
against any person
who violates this Act, who |
4 |
| intentionally obstructs or interferes with an
investigation
|
5 |
| conducted under this Act by an inspector general, or who
|
6 |
| intentionally makes a false, frivolous, or bad faith |
7 |
| allegation.
|
8 |
| (f) In addition to any other penalty that may apply, |
9 |
| whether criminal or
civil, a State employee who intentionally |
10 |
| violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, |
11 |
| 5-45 5-40 , or 5-50, Article 10,
Article 15, or Section 20-90 or |
12 |
| 25-90 is subject to discipline or discharge by
the
appropriate |
13 |
| ultimate
jurisdictional authority.
|
14 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) |
15 |
| (5 ILCS 430/50-10 new)
|
16 |
| Sec. 50-10. Injunctive relief. |
17 |
| (a) For a violation of any Section of this Act, an ethics |
18 |
| commission may issue appropriate injunctive relief up to and |
19 |
| including discharge of a State employee. |
20 |
| (b) Any injunctive relief issued pursuant to this Section |
21 |
| must comport with the requirements of Section 20-40.
|
22 |
| (5 ILCS 430/20-40 rep.)
|
23 |
| Section 15. The State Officials and Employees Ethics Act is |
24 |
| amended by repealing Section 20-40. |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Section 20. The Secretary of State Act is amended by |
2 |
| changing Section 14 as follows:
|
3 |
| (15 ILCS 305/14)
|
4 |
| Sec. 14. Inspector General.
|
5 |
| (a) The Secretary of State must, with the advice and |
6 |
| consent of the Senate,
appoint an Inspector General for the |
7 |
| purpose of detection, deterrence, and
prevention of fraud,
|
8 |
| corruption, mismanagement, gross or aggravated misconduct, or |
9 |
| misconduct
that may be criminal in nature in the Office of the |
10 |
| Secretary of State. The
Inspector General shall serve a 5-year |
11 |
| term.
If no successor is appointed and qualified upon the
|
12 |
| expiration of the Inspector General's term, the Office of |
13 |
| Inspector General is
deemed vacant and the powers and duties |
14 |
| under this Section may be exercised
only by an appointed and |
15 |
| qualified interim Inspector General until a successor
|
16 |
| Inspector General is appointed and qualified.
If the General |
17 |
| Assembly is not in session when a vacancy in the Office of
|
18 |
| Inspector General occurs, the Secretary of State may appoint an |
19 |
| interim
Inspector General whose term shall expire 2 weeks after |
20 |
| the next
regularly scheduled session day of the Senate.
|
21 |
| (b) The Inspector General shall have the following |
22 |
| qualifications:
|
23 |
| (1) has not been convicted of any felony under the laws |
24 |
| of this State,
another State, or the United States;
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| (2) has earned a baccalaureate degree from an |
2 |
| institution of higher
education; and
|
3 |
| (3) has either (A) 5 or more years of service with a |
4 |
| federal, State, or
local law enforcement agency, at least 2 |
5 |
| years of which have been in a
progressive investigatory |
6 |
| capacity; (B) 5 or more years of service as a
federal, |
7 |
| State, or local prosecutor; or (C) 5 or more years of |
8 |
| service as a
senior manager or executive of a federal, |
9 |
| State, or local
agency.
|
10 |
| (c) The Inspector General may review, coordinate, and |
11 |
| recommend methods and
procedures to increase the integrity of |
12 |
| the Office of the Secretary of State.
The duties of the |
13 |
| Inspector General shall
supplement and not supplant the duties |
14 |
| of the Chief Auditor for the Secretary
of State's Office or any |
15 |
| other Inspector General that may be authorized by law.
The |
16 |
| Inspector General must report directly to the Secretary
of |
17 |
| State.
|
18 |
| (d) In addition to the authority otherwise provided by this |
19 |
| Section, but
only when investigating the Office of the |
20 |
| Secretary of State, its employees, or
their actions for
fraud, |
21 |
| corruption, mismanagement, gross or aggravated misconduct, or
|
22 |
| misconduct that may be criminal in nature, the Inspector |
23 |
| General is
authorized:
|
24 |
| (1) To have access to all records, reports, audits, |
25 |
| reviews, documents,
papers, recommendations, or other |
26 |
| materials available that relate to programs
and operations |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| with respect to which the Inspector General has |
2 |
| responsibilities
under this Section.
|
3 |
| (2) To make any investigations and reports relating to |
4 |
| the administration
of the programs and operations of the |
5 |
| Office of the Secretary of State that
are, in the judgment |
6 |
| judgement of the Inspector General, necessary or |
7 |
| desirable.
|
8 |
| (3) To request any information or assistance that may |
9 |
| be necessary for
carrying out the duties and |
10 |
| responsibilities provided by this Section from any
local, |
11 |
| State, or federal governmental agency or unit thereof.
|
12 |
| (4) To require by subpoena the
appearance of witnesses |
13 |
| and the production of all information, documents,
reports, |
14 |
| answers, records, accounts, papers, and other data and |
15 |
| documentary
evidence necessary in the performance of the |
16 |
| functions assigned by this
Section, with the exception of |
17 |
| subsection (c) and with the exception of records
of a labor
|
18 |
| organization authorized and recognized under the Illinois |
19 |
| Public Labor
Relations
Act to be the exclusive bargaining |
20 |
| representative of employees of the Secretary
of State, |
21 |
| including, but not limited to, records of representation of |
22 |
| employees
and
the negotiation of collective bargaining |
23 |
| agreements. A subpoena may be issued
under
this paragraph |
24 |
| (4) only by the
Inspector General and not by members of the |
25 |
| Inspector General's staff.
A person duly
subpoenaed for |
26 |
| testimony, documents, or other items who neglects or |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| refuses to
testify or produce documents or other items |
2 |
| under the requirements of the
subpoena shall be subject to |
3 |
| punishment as
may be determined by a court of competent |
4 |
| jurisdiction, unless (i) the
testimony, documents, or |
5 |
| other items are covered by the attorney-client
privilege or
|
6 |
| any other privilege or right recognized by law or (ii) the |
7 |
| testimony,
documents, or other items concern the |
8 |
| representation of employees and the
negotiation of |
9 |
| collective bargaining agreements by a labor
organization |
10 |
| authorized and recognized under the Illinois Public
Labor |
11 |
| Relations Act to be the exclusive bargaining |
12 |
| representative of
employees of the Secretary of State. |
13 |
| Nothing in this Section limits a
person's right to |
14 |
| protection against self-incrimination under the Fifth
|
15 |
| Amendment of the United States Constitution or Article I, |
16 |
| Section 10,
of the Constitution of the State of Illinois.
|
17 |
| (5) To have direct and prompt access to the Secretary |
18 |
| of State for any
purpose pertaining to the performance of |
19 |
| functions and responsibilities under
this Section.
|
20 |
| (d-5) In addition to the authority otherwise provided by |
21 |
| this Section, the Secretary of State Inspector General shall |
22 |
| have jurisdiction to investigate complaints and allegations of |
23 |
| wrongdoing by any person or entity related to the Lobbyist |
24 |
| Registration Act. When investigating those complaints and |
25 |
| allegations, the Inspector General is authorized: |
26 |
| (1) To have access to all records, reports, audits, |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| reviews, documents, papers, recommendations, or other |
2 |
| materials available that relate to programs and operations |
3 |
| with respect to which the Inspector General has |
4 |
| responsibilities under this Section. |
5 |
| (2) To request any information or assistance that may |
6 |
| be necessary for carrying out the duties and |
7 |
| responsibilities provided by this Section from any local, |
8 |
| State, or federal governmental agency or unit thereof. |
9 |
| (3) To require by subpoena the appearance of witnesses |
10 |
| and the production of all information, documents, reports, |
11 |
| answers, records, accounts, papers, and other data and |
12 |
| documentary evidence necessary in the performance of the |
13 |
| functions assigned by this Section. A subpoena may be |
14 |
| issued under this paragraph (3) only by the Inspector |
15 |
| General and not by members of the Inspector General's |
16 |
| staff. A person duly subpoenaed for testimony, documents, |
17 |
| or other items who neglects or refuses to testify or |
18 |
| produce documents or other items under the requirements of |
19 |
| the subpoena shall be subject to punishment as may be |
20 |
| determined by a court of competent jurisdiction, unless the |
21 |
| testimony, documents, or other items are covered by the |
22 |
| attorney-client privilege or any other privilege or right |
23 |
| recognized by law. Nothing in this Section limits a |
24 |
| person's right to protection against self-incrimination |
25 |
| under the Fifth Amendment of the United States Constitution |
26 |
| or Section 10 of Article I of the Constitution of the State |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| of Illinois. |
2 |
| (4) To have direct and prompt access to the Secretary |
3 |
| of State for any purpose pertaining to the performance of |
4 |
| functions and responsibilities under this Section.
|
5 |
| (e) The Inspector General may receive and investigate |
6 |
| complaints or
information from an employee of the Secretary of |
7 |
| State concerning the possible
existence of an activity |
8 |
| constituting a violation of law, rules, or
regulations; |
9 |
| mismanagement; abuse of authority; or substantial and specific
|
10 |
| danger to the public health and safety. Any person
employee who |
11 |
| knowingly files a
false
complaint or files a complaint with |
12 |
| reckless disregard for the truth or the
falsity
of the facts |
13 |
| underlying the complaint may be subject to discipline as set |
14 |
| forth
in the rules of the Department of Personnel of the |
15 |
| Secretary of State.
|
16 |
| The Inspector General may not, after receipt of a complaint |
17 |
| or information
from an employee , disclose the
identity of the |
18 |
| source
employee without the consent of the source
employee , |
19 |
| unless the
Inspector General determines that
disclosure of the |
20 |
| identity is reasonable and necessary for the furtherance of
the
|
21 |
| investigation.
|
22 |
| Any employee who has the authority to recommend or
approve |
23 |
| any personnel action or to direct others to recommend or |
24 |
| approve any
personnel action may not, with respect to that |
25 |
| authority, take or threaten to
take any action against any |
26 |
| employee as a reprisal for making a
complaint or disclosing |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| information to the Inspector General, unless the
complaint was |
2 |
| made or the information disclosed with the knowledge that it |
3 |
| was
false or with willful disregard for its truth or falsity.
|
4 |
| (f) The Inspector General must adopt rules, in accordance |
5 |
| with the
provisions of the Illinois Administrative Procedure |
6 |
| Act, establishing minimum
requirements for initiating, |
7 |
| conducting, and completing investigations. The
rules must |
8 |
| establish criteria for determining, based upon the nature of |
9 |
| the
allegation, the appropriate method of investigation, which |
10 |
| may include, but is
not limited to, site visits, telephone |
11 |
| contacts, personal interviews, or
requests for written |
12 |
| responses. The rules must also clarify how the Office of
the |
13 |
| Inspector General shall interact with other local, State, and |
14 |
| federal law
enforcement investigations.
|
15 |
| Any employee of the Secretary of State subject to |
16 |
| investigation or inquiry
by the Inspector General or any agent |
17 |
| or representative of the Inspector
General concerning |
18 |
| misconduct that is criminal in nature shall have the right
to |
19 |
| be notified of the right to remain silent
during the |
20 |
| investigation or inquiry and the right to be represented in the
|
21 |
| investigation or inquiry by an attorney or a representative of |
22 |
| a labor
organization that is
the exclusive collective |
23 |
| bargaining representative of employees of the
Secretary of |
24 |
| State.
Any investigation or inquiry by the Inspector General or |
25 |
| any agent or
representative of the Inspector General must be |
26 |
| conducted with an awareness of
the provisions of a collective |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| bargaining agreement that applies to the
employees
of the |
2 |
| Secretary of State and with an awareness of the rights of the |
3 |
| employees
as set forth in State and federal law and applicable |
4 |
| judicial decisions. Any
recommendations for discipline or any |
5 |
| action taken
against any employee by the
Inspector General or |
6 |
| any representative or agent of the Inspector General must
|
7 |
| comply with the provisions of the collective bargaining |
8 |
| agreement that applies
to the employee.
|
9 |
| (g) On or before January 1 of each year, the Inspector |
10 |
| General shall report
to the President of the Senate, the |
11 |
| Minority Leader of the Senate, the Speaker
of the House of |
12 |
| Representatives, and the Minority Leader of the House of
|
13 |
| Representatives on the types of investigations and the |
14 |
| activities undertaken by
the Office of the Inspector General |
15 |
| during the previous calendar year.
|
16 |
| (Source: P.A. 93-559, eff. 8-20-03.)
|
17 |
| Section 25. The Secretary of State Merit Employment Code is |
18 |
| amended by adding Section 17.5 as follows: |
19 |
| (15 ILCS 310/17.5 new) |
20 |
| Sec. 17.5. State Officials and Employees Ethics Act.
|
21 |
| (a) Disciplinary action under the State Officials and |
22 |
| Employees Ethics Act against a person subject to this Act is |
23 |
| within the jurisdiction of the Executive Ethics Commission and |
24 |
| is not within the jurisdiction of this Act. |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| (b) Any hearing to contest disciplinary action against a |
2 |
| person subject to this Act pursuant to an agreement between an |
3 |
| Executive Inspector General and an ultimate jurisdictional |
4 |
| authority, as defined in the State Officials and Employees |
5 |
| Ethics Act, shall be conducted by the Executive Ethics |
6 |
| Commission and not under this Act, at the request of that |
7 |
| person. |
8 |
| Section 30. The Comptroller Merit Employment Code is |
9 |
| amended by adding Section 17.5 as follows: |
10 |
| (15 ILCS 410/17.5 new) |
11 |
| Sec. 17.5. State Officials and Employees Ethics Act.
|
12 |
| (a) Disciplinary action under the State Officials and |
13 |
| Employees Ethics Act against a person subject to this Act is |
14 |
| within the jurisdiction of the Executive Ethics Commission and |
15 |
| is not within the jurisdiction of this Act. |
16 |
| (b) Any hearing to contest disciplinary action against a |
17 |
| person subject to this Act pursuant to an agreement between an |
18 |
| Executive Inspector General and an ultimate jurisdictional |
19 |
| authority, as defined in the State Officials and Employees |
20 |
| Ethics Act, shall be conducted by the Executive Ethics |
21 |
| Commission and not under this Act, at the request of that |
22 |
| person. |
23 |
| Section 35. The State Treasurer Employment Code is amended |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| by adding Section 14.5 as follows: |
2 |
| (15 ILCS 510/14.5 new) |
3 |
| Sec. 14.5. State Officials and Employees Ethics Act.
|
4 |
| (a) Disciplinary action under the State Officials and |
5 |
| Employees Ethics Act against a person subject to this Act is |
6 |
| within the jurisdiction of the Executive Ethics Commission and |
7 |
| is not within the jurisdiction of this Act. |
8 |
| (b) Any hearing to contest disciplinary action against a |
9 |
| person subject to this Act pursuant to an agreement between an |
10 |
| Executive Inspector General and an ultimate jurisdictional |
11 |
| authority, as defined in the State Officials and Employees |
12 |
| Ethics Act, shall be conducted by the Executive Ethics |
13 |
| Commission and not under this Act, at the request of that |
14 |
| person. |
15 |
| Section 40. The Personnel Code is amended by adding Section |
16 |
| 20 as follows: |
17 |
| (20 ILCS 415/20 new) |
18 |
| Sec. 20. State Officials and Employees Ethics Act. |
19 |
| (a) Disciplinary action under the State Officials and |
20 |
| Employees Ethics Act against a person subject to this Act is |
21 |
| within the jurisdiction of the Executive Ethics Commission and |
22 |
| is not within the jurisdiction of this Act. |
23 |
| (b) Any hearing to contest disciplinary action against a |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| person subject to this Act pursuant to an agreement between an |
2 |
| Executive Inspector General and an ultimate jurisdictional |
3 |
| authority, as defined in the State Officials and Employees |
4 |
| Ethics Act, shall be conducted by the Executive Ethics |
5 |
| Commission and not under this Act.
|
6 |
| Section 45. The Children and Family Services Act is amended |
7 |
| by changing Section 35.5 as follows:
|
8 |
| (20 ILCS 505/35.5)
|
9 |
| Sec. 35.5. Inspector General.
|
10 |
| (a) The Governor shall appoint, and the Senate shall |
11 |
| confirm, an Inspector
General who shall
have the authority to |
12 |
| conduct investigations into allegations of or incidents
of |
13 |
| possible misconduct, misfeasance, malfeasance, or violations |
14 |
| of rules,
procedures, or laws by any employee, foster parent, |
15 |
| service provider, or
contractor of the Department of Children |
16 |
| and Family Services , except for allegations of violations of |
17 |
| the State Officials and Employees Ethics Act which shall be |
18 |
| referred to the Office of the Governor's Executive Inspector |
19 |
| General for investigation . The Inspector
General shall make |
20 |
| recommendations
to the Director of Children and Family Services |
21 |
| concerning sanctions or
disciplinary actions against |
22 |
| Department
employees or providers of service under contract to |
23 |
| the Department. The Director of Children and Family Services |
24 |
| shall provide the Inspector General with an implementation |
|
|
|
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1 |
| report on the status of any corrective actions taken on |
2 |
| recommendations under review and shall continue sending |
3 |
| updated reports until the corrective action is completed. The |
4 |
| Director shall provide a written response to the Inspector |
5 |
| General indicating the status of any sanctions or disciplinary |
6 |
| actions against employees or providers of service involving any |
7 |
| investigation subject to review. In any case, information |
8 |
| included in the reports to the Inspector General and Department |
9 |
| responses shall be subject to the public disclosure |
10 |
| requirements of the Abused and Neglected Child Reporting Act.
|
11 |
| Any
investigation
conducted by the Inspector General shall be |
12 |
| independent and separate from the
investigation mandated by the |
13 |
| Abused and Neglected Child Reporting Act. The
Inspector General |
14 |
| shall be appointed for a term of 4 years. The Inspector
General |
15 |
| shall function independently within the Department of Children |
16 |
| and Family Services with respect to the operations of the |
17 |
| Office of Inspector General, including the performance of |
18 |
| investigations and issuance of findings and recommendations, |
19 |
| and shall
report to the Director of Children and Family |
20 |
| Services and the Governor and
perform other
duties the Director |
21 |
| may designate. The Inspector General shall adopt rules
as |
22 |
| necessary to carry out the
functions, purposes, and duties of |
23 |
| the office of Inspector General in the
Department of Children |
24 |
| and Family Services, in accordance with the Illinois
|
25 |
| Administrative Procedure Act and any other applicable law.
|
26 |
| (b) The Inspector
General shall have access to all |
|
|
|
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| information and personnel necessary to perform
the duties of |
2 |
| the office. To minimize duplication of efforts, and to assure
|
3 |
| consistency and conformance with the requirements and |
4 |
| procedures established in
the B.H. v. Suter consent decree and |
5 |
| to share resources
when appropriate, the Inspector General |
6 |
| shall coordinate his or her
activities with the Bureau of |
7 |
| Quality Assurance within the Department.
|
8 |
| (c) The Inspector General shall be the primary liaison |
9 |
| between the
Department and the Department of State Police with |
10 |
| regard to investigations
conducted under the Inspector |
11 |
| General's auspices.
If the Inspector General determines that a |
12 |
| possible criminal act
has been committed,
or that special |
13 |
| expertise is required in the investigation, he or she shall
|
14 |
| immediately notify the Department of State Police.
All |
15 |
| investigations conducted by the Inspector General shall be
|
16 |
| conducted in a manner designed to ensure the preservation of |
17 |
| evidence for
possible use in a criminal prosecution.
|
18 |
| (d) The Inspector General may recommend to the Department |
19 |
| of Children and
Family Services, the Department of Public |
20 |
| Health, or any other appropriate
agency, sanctions to be |
21 |
| imposed against service providers under the
jurisdiction of or |
22 |
| under contract with the Department for the protection of
|
23 |
| children in the custody or under the guardianship of the |
24 |
| Department who
received services from those providers. The |
25 |
| Inspector General may seek the
assistance of the Attorney |
26 |
| General or any of the several State's Attorneys in
imposing |
|
|
|
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| sanctions.
|
2 |
| (e) The Inspector General shall at all times be granted |
3 |
| access to any foster
home, facility, or program operated for or |
4 |
| licensed or funded by the
Department.
|
5 |
| (f) Nothing in this Section shall limit investigations by |
6 |
| the Department of
Children and Family Services that may |
7 |
| otherwise be required by law or that may
be necessary in that |
8 |
| Department's capacity as the central administrative
authority |
9 |
| for child welfare.
|
10 |
| (g) The Inspector General shall have the power to subpoena |
11 |
| witnesses and
compel the production of books and papers |
12 |
| pertinent to an investigation
authorized by this Act. The power |
13 |
| to subpoena or to compel the
production of books and papers, |
14 |
| however, shall not extend to the person or
documents of a
labor |
15 |
| organization or its representatives insofar as the person or |
16 |
| documents of
a labor organization relate to the function of |
17 |
| representing an employee subject
to investigation under this |
18 |
| Act. Any person who fails to appear in response to
a subpoena |
19 |
| or to answer any question or produce any books or papers |
20 |
| pertinent
to an investigation under this Act, except as |
21 |
| otherwise provided in this
Section, or who knowingly gives |
22 |
| false testimony in relation to an investigation
under this Act |
23 |
| is guilty of a Class A misdemeanor.
|
24 |
| (h) The Inspector General shall provide to the General |
25 |
| Assembly and the
Governor, no later than January 1 of each |
26 |
| year, a summary of reports and
investigations made under this |
|
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| Section for the prior fiscal year. The
summaries shall detail |
2 |
| the imposition of sanctions and the final disposition
of those |
3 |
| recommendations. The summaries shall not contain any |
4 |
| confidential or
identifying information concerning the |
5 |
| subjects of the reports and
investigations. The summaries also |
6 |
| shall include detailed recommended
administrative actions and |
7 |
| matters for consideration by the General Assembly.
|
8 |
| (Source: P.A. 95-527, eff. 6-1-08 .)
|
9 |
| Section 50. The Department of Human Services Act is amended |
10 |
| by changing Section 1-17 as follows: |
11 |
| (20 ILCS 1305/1-17) |
12 |
| Sec. 1-17. Inspector General. |
13 |
| (a) Appointment; powers and duties. The Governor shall |
14 |
| appoint, and the Senate shall confirm, an Inspector General. |
15 |
| The Inspector General shall be appointed for a term of 4 years |
16 |
| and shall function within the Department of Human Services and |
17 |
| report to the Secretary of Human Services and the Governor. The |
18 |
| Inspector General shall function independently within the |
19 |
| Department of Human Services with respect to the operations of |
20 |
| the office, including the performance of investigations and |
21 |
| issuance of findings and recommendations. The appropriation |
22 |
| for the Office of Inspector General shall be separate from the |
23 |
| overall appropriation for the Department of Human Services. The |
24 |
| Inspector General shall investigate reports of suspected abuse |
|
|
|
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| or neglect (as those terms are defined by the Department of |
2 |
| Human Services) of patients or residents in any mental health |
3 |
| or developmental disabilities facility operated by the |
4 |
| Department of Human Services and shall have authority to |
5 |
| investigate and take immediate action on reports of abuse or |
6 |
| neglect of recipients, whether patients or residents, in any |
7 |
| mental health or developmental disabilities facility or |
8 |
| program that is licensed or certified by the Department of |
9 |
| Human Services (as successor to the Department of Mental Health |
10 |
| and Developmental Disabilities) or that is funded by the |
11 |
| Department of Human Services (as successor to the Department of |
12 |
| Mental Health and Developmental Disabilities) and is not |
13 |
| licensed or certified by any agency of the State. The Inspector |
14 |
| General shall also have the authority to investigate alleged or |
15 |
| suspected cases of abuse, neglect, and exploitation of adults |
16 |
| with disabilities living in domestic settings in the community |
17 |
| pursuant to the Abuse of Adults with Disabilities Intervention |
18 |
| Act (20 ILCS 2435/). At the specific, written request of an |
19 |
| agency of the State other than the Department of Human Services |
20 |
| (as successor to the Department of Mental Health and |
21 |
| Developmental Disabilities), the Inspector General may |
22 |
| cooperate in investigating reports of abuse and neglect of |
23 |
| persons with mental illness or persons with developmental |
24 |
| disabilities. The Inspector General shall have no supervision |
25 |
| over or involvement in routine, programmatic, licensure, or |
26 |
| certification operations of the Department of Human Services or |
|
|
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| any of its funded agencies. The Inspector General shall have no |
2 |
| authority to investigate alleged violations of the State |
3 |
| Officials and Employees Ethics Act. Allegations of misconduct |
4 |
| under the State Officials and Employees Ethics Act shall be |
5 |
| referred to the Office of the Governor's Executive Inspector |
6 |
| General for investigation. |
7 |
| The Inspector General shall promulgate rules establishing |
8 |
| minimum requirements for reporting allegations of abuse and |
9 |
| neglect and initiating, conducting, and completing |
10 |
| investigations. The promulgated rules shall clearly set forth |
11 |
| that in instances where 2 or more State agencies could |
12 |
| investigate an allegation of abuse or neglect, the Inspector |
13 |
| General shall not conduct an investigation that is redundant to |
14 |
| an investigation conducted by another State agency. The rules |
15 |
| shall establish criteria for determining, based upon the nature |
16 |
| of the allegation, the appropriate method of investigation, |
17 |
| which may include, but need not be limited to, site visits, |
18 |
| telephone contacts, or requests for written responses from |
19 |
| agencies. The rules shall also clarify how the Office of the |
20 |
| Inspector General shall interact with the licensing unit of the |
21 |
| Department of Human Services in investigations of allegations |
22 |
| of abuse or neglect. Any allegations or investigations of |
23 |
| reports made pursuant to this Act shall remain confidential |
24 |
| until a final report is completed. The resident or patient who |
25 |
| allegedly was abused or neglected and his or her legal guardian |
26 |
| shall be informed by the facility or agency of the report of |
|
|
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| alleged abuse or neglect. Final reports regarding |
2 |
| unsubstantiated or unfounded allegations shall remain |
3 |
| confidential, except that final reports may be disclosed |
4 |
| pursuant to Section 6 of the Abused and Neglected Long Term |
5 |
| Care Facility Residents Reporting Act. |
6 |
| For purposes of this Section, "required reporter" means a |
7 |
| person who suspects, witnesses, or is informed of an allegation |
8 |
| of abuse and neglect at a State-operated facility or a |
9 |
| community agency and who is either: (i) a person employed at a |
10 |
| State-operated facility or a community agency on or off site |
11 |
| who is providing or monitoring services to an individual or |
12 |
| individuals or is providing services to the State-operated |
13 |
| facility or the community agency; or (ii) any person or |
14 |
| contractual agent of the Department of Human Services involved |
15 |
| in providing, monitoring, or administering mental health or |
16 |
| developmental services, including, but not limited to, payroll |
17 |
| personnel, contractors, subcontractors, and volunteers. A |
18 |
| required reporter shall report the allegation of abuse or |
19 |
| neglect, or cause a report to be made, to the Office of the |
20 |
| Inspector General (OIG) Hotline no later than 4 hours after the |
21 |
| initial discovery of the incident of alleged abuse or neglect. |
22 |
| A required reporter as defined in this paragraph who willfully |
23 |
| fails to comply with the reporting requirement is guilty of a |
24 |
| Class A misdemeanor. |
25 |
| For purposes of this Section, "State-operated facility" |
26 |
| means a mental health facility or a developmental disability |
|
|
|
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| facility as defined in Sections 1-114 and 1-107 of the Mental |
2 |
| Health and Developmental Disabilities Code. |
3 |
| For purposes of this Section, "community agency" or |
4 |
| "agency" means any community entity or program providing mental |
5 |
| health or developmental disabilities services that is |
6 |
| licensed, certified, or funded by the Department of Human |
7 |
| Services and is not licensed or certified by an other human |
8 |
| services agency of the State (for example, the Department of |
9 |
| Public Health, the Department of Children and Family Services, |
10 |
| or the Department of Healthcare and Family Services). |
11 |
| When the Office of the Inspector General has substantiated |
12 |
| a case of abuse or neglect, the Inspector General shall include |
13 |
| in the final report any mitigating or aggravating circumstances |
14 |
| that were identified during the investigation. Upon |
15 |
| determination that a report of neglect is substantiated, the |
16 |
| Inspector General shall then determine whether such neglect |
17 |
| rises to the level of egregious neglect. |
18 |
| (b) Department of State Police. The Inspector General |
19 |
| shall, within 24 hours after determining that a reported |
20 |
| allegation of suspected abuse or neglect indicates that any |
21 |
| possible criminal act has been committed or that special |
22 |
| expertise is required in the investigation, immediately notify |
23 |
| the Department of State Police or the appropriate law |
24 |
| enforcement entity. The Department of State Police shall |
25 |
| investigate any report from a State-operated facility |
26 |
| indicating a possible murder, rape, or other felony. All |
|
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| investigations conducted by the Inspector General shall be |
2 |
| conducted in a manner designed to ensure the preservation of |
3 |
| evidence for possible use in a criminal prosecution. |
4 |
| (b-5) Preliminary report of investigation; facility or |
5 |
| agency response. The Inspector General shall make a |
6 |
| determination to accept or reject a preliminary report of the |
7 |
| investigation of alleged abuse or neglect based on established |
8 |
| investigative procedures. Notice of the Inspector General's |
9 |
| determination must be given to the person who claims to be the |
10 |
| victim of the abuse or neglect, to the person or persons |
11 |
| alleged to have been responsible for abuse or neglect, and to |
12 |
| the facility or agency. The facility or agency or the person or |
13 |
| persons alleged to have been responsible for the abuse or |
14 |
| neglect and the person who claims to be the victim of the abuse |
15 |
| or neglect may request clarification or reconsideration based |
16 |
| on additional information. For cases where the allegation of |
17 |
| abuse or neglect is substantiated, the Inspector General shall |
18 |
| require the facility or agency to submit a written response. |
19 |
| The written response from a facility or agency shall address in |
20 |
| a concise and reasoned manner the actions that the agency or |
21 |
| facility will take or has taken to protect the resident or |
22 |
| patient from abuse or neglect, prevent reoccurrences, and |
23 |
| eliminate problems identified and shall include implementation |
24 |
| and completion dates for all such action. |
25 |
| (c) Inspector General's report; facility's or agency's |
26 |
| implementation reports. The Inspector General shall, within 10 |
|
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| calendar days after the transmittal date of a completed |
2 |
| investigation where abuse or neglect is substantiated or |
3 |
| administrative action is recommended, provide a complete |
4 |
| report on the case to the Secretary of Human Services and to |
5 |
| the agency in which the abuse or neglect is alleged to have |
6 |
| happened. The complete report shall include a written response |
7 |
| from the agency or facility operated by the State to the |
8 |
| Inspector General that addresses in a concise and reasoned |
9 |
| manner the actions that the agency or facility will take or has |
10 |
| taken to protect the resident or patient from abuse or neglect, |
11 |
| prevent reoccurrences, and eliminate problems identified and |
12 |
| shall include implementation and completion dates for all such |
13 |
| action. The Secretary of Human Services shall accept or reject |
14 |
| the response and establish how the Department will determine |
15 |
| whether the facility or program followed the approved response. |
16 |
| The Secretary may require Department personnel to visit the |
17 |
| facility or agency for training, technical assistance, |
18 |
| programmatic, licensure, or certification purposes. |
19 |
| Administrative action, including sanctions, may be applied |
20 |
| should the Secretary reject the response or should the facility |
21 |
| or agency fail to follow the approved response. Within 30 days |
22 |
| after the Secretary has approved a response, the facility or |
23 |
| agency making the response shall provide an implementation |
24 |
| report to the Inspector General on the status of the corrective |
25 |
| action implemented. Within 60 days after the Secretary has |
26 |
| approved the response, the facility or agency shall send notice |
|
|
|
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| of the completion of the corrective action or shall send an |
2 |
| updated implementation report. The facility or agency shall |
3 |
| continue sending updated implementation reports every 60 days |
4 |
| until the facility or agency sends a notice of the completion |
5 |
| of the corrective action. The Inspector General shall review |
6 |
| any implementation plan that takes more than 120 days. The |
7 |
| Inspector General shall monitor compliance through a random |
8 |
| review of completed corrective actions. This monitoring may |
9 |
| include, but need not be limited to, site visits, telephone |
10 |
| contacts, or requests for written documentation from the |
11 |
| facility or agency to determine whether the facility or agency |
12 |
| is in compliance with the approved response. The facility or |
13 |
| agency shall inform the resident or patient and the legal |
14 |
| guardian whether the reported allegation was substantiated, |
15 |
| unsubstantiated, or unfounded. There shall be an appeals |
16 |
| process for any person or agency that is subject to any action |
17 |
| based on a recommendation or recommendations. |
18 |
| (d) Sanctions. The Inspector General may recommend to the |
19 |
| Departments of Public Health and Human Services sanctions to be |
20 |
| imposed against mental health and developmental disabilities |
21 |
| facilities under the jurisdiction of the Department of Human |
22 |
| Services for the protection of residents, including |
23 |
| appointment of on-site monitors or receivers, transfer or |
24 |
| relocation of residents, and closure of units. The Inspector |
25 |
| General may seek the assistance of the Attorney General or any |
26 |
| of the several State's Attorneys in imposing such sanctions. |
|
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| Whenever the Inspector General issues any recommendations to |
2 |
| the Secretary of Human Services, the Secretary shall provide a |
3 |
| written response. |
4 |
| (e) Training programs. The Inspector General shall |
5 |
| establish and conduct periodic training programs for |
6 |
| Department of Human Services employees and community agency |
7 |
| employees concerning the prevention and reporting of neglect |
8 |
| and abuse. |
9 |
| (f) Access to facilities. The Inspector General shall at |
10 |
| all times be granted access to any mental health or |
11 |
| developmental disabilities facility operated by the Department |
12 |
| of Human Services, shall establish and conduct unannounced site |
13 |
| visits to those facilities at least once annually, and shall be |
14 |
| granted access, for the purpose of investigating a report of |
15 |
| abuse or neglect, to the records of the Department of Human |
16 |
| Services and to any facility or program funded by the |
17 |
| Department of Human Services that is subject under the |
18 |
| provisions of this Section to investigation by the Inspector |
19 |
| General for a report of abuse or neglect. |
20 |
| (g) Other investigations. Nothing in this Section shall |
21 |
| limit investigations by the Department of Human Services that |
22 |
| may otherwise be required by law or that may be necessary in |
23 |
| that Department's capacity as the central administrative |
24 |
| authority responsible for the operation of State mental health |
25 |
| and developmental disability facilities. |
26 |
| (g-5) Health care worker registry. After notice and an |
|
|
|
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| opportunity for a hearing that is separate and distinct from |
2 |
| the Office of the Inspector General's appeals process as |
3 |
| implemented under subsection (c) of this Section, the Inspector |
4 |
| General shall report to the Department of Public Health's |
5 |
| health care worker registry under Section 3-206.01 of the |
6 |
| Nursing Home Care Act the identity of individuals against whom |
7 |
| there has been a substantiated finding of physical or sexual |
8 |
| abuse or egregious neglect of a service recipient. |
9 |
| Nothing in this subsection shall diminish or impair the |
10 |
| rights of a person who is a member of a collective bargaining |
11 |
| unit pursuant to the Illinois Public Labor Relations Act or |
12 |
| pursuant to any federal labor statute. An individual who is a |
13 |
| member of a collective bargaining unit as described above shall |
14 |
| not be reported to the Department of Public Health's health |
15 |
| care worker registry until the exhaustion of that individual's |
16 |
| grievance and arbitration rights, or until 3 months after the |
17 |
| initiation of the grievance process, whichever occurs first, |
18 |
| provided that the Department of Human Services' hearing under |
19 |
| this subsection regarding the reporting of an individual to the |
20 |
| Department of Public Health's health care worker registry has |
21 |
| concluded. Notwithstanding anything hereinafter or previously |
22 |
| provided, if an action taken by an employer against an |
23 |
| individual as a result of the circumstances that led to a |
24 |
| finding of physical or sexual abuse or egregious neglect is |
25 |
| later overturned under a grievance or arbitration procedure |
26 |
| provided for in Section 8 of the Illinois Public Labor |
|
|
|
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| Relations Act or under a collective bargaining agreement, the |
2 |
| report must be removed from the registry. |
3 |
| The Department of Human Services shall promulgate or amend |
4 |
| rules as necessary or appropriate to establish procedures for |
5 |
| reporting to the registry, including the definition of |
6 |
| egregious neglect, procedures for notice to the individual and |
7 |
| victim, appeal and hearing procedures, and petition for removal |
8 |
| of the report from the registry. The portion of the rules |
9 |
| pertaining to hearings shall provide that, at the hearing, both |
10 |
| parties may present written and oral evidence. The Department |
11 |
| shall be required to establish by a preponderance of the |
12 |
| evidence that the Office of the Inspector General's finding of |
13 |
| physical or sexual abuse or egregious neglect warrants |
14 |
| reporting to the Department of Public Health's health care |
15 |
| worker registry under Section 3-206.01 of the Nursing Home Care |
16 |
| Act. |
17 |
| Notice to the individual shall include a clear and concise |
18 |
| statement of the grounds on which the report to the registry is |
19 |
| based and notice of the opportunity for a hearing to contest |
20 |
| the report. The Department of Human Services shall provide the |
21 |
| notice by certified mail to the last known address of the |
22 |
| individual. The notice shall give the individual an opportunity |
23 |
| to contest the report in a hearing before the Department of |
24 |
| Human Services or to submit a written response to the findings |
25 |
| instead of requesting a hearing. If the individual does not |
26 |
| request a hearing or if after notice and a hearing the |
|
|
|
09600SB0054ham001 |
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| Department of Human Services finds that the report is valid, |
2 |
| the finding shall be included as part of the registry, as well |
3 |
| as a brief statement from the reported individual if he or she |
4 |
| chooses to make a statement. The Department of Public Health |
5 |
| shall make available to the public information reported to the |
6 |
| registry. In a case of inquiries concerning an individual |
7 |
| listed in the registry, any information disclosed concerning a |
8 |
| finding of abuse or neglect shall also include disclosure of |
9 |
| the individual's brief statement in the registry relating to |
10 |
| the reported finding or include a clear and accurate summary of |
11 |
| the statement. |
12 |
| At any time after the report of the registry, an individual |
13 |
| may petition the Department of Human Services for removal from |
14 |
| the registry of the finding against him or her. Upon receipt of |
15 |
| such a petition, the Department of Human Services shall conduct |
16 |
| an investigation and hearing on the petition. Upon completion |
17 |
| of the investigation and hearing, the Department of Human |
18 |
| Services shall report the removal of the finding to the |
19 |
| registry unless the Department of Human Services determines |
20 |
| that removal is not in the public interest. |
21 |
| (h) Quality Care Board. There is created, within the Office |
22 |
| of the Inspector General, a Quality Care Board to be composed |
23 |
| of 7 members appointed by the Governor with the advice and |
24 |
| consent of the Senate. One of the members shall be designated |
25 |
| as chairman by the Governor. Of the initial appointments made |
26 |
| by the Governor, 4 Board members shall each be appointed for a |
|
|
|
09600SB0054ham001 |
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1 |
| term of 4 years and 3 members shall each be appointed for a |
2 |
| term of 2 years. Upon the expiration of each member's term, a |
3 |
| successor shall be appointed for a term of 4 years. In the case |
4 |
| of a vacancy in the office of any member, the Governor shall |
5 |
| appoint a successor for the remainder of the unexpired term. |
6 |
| Members appointed by the Governor shall be qualified by |
7 |
| professional knowledge or experience in the area of law, |
8 |
| investigatory techniques, or in the area of care of the |
9 |
| mentally ill or developmentally disabled. Two members |
10 |
| appointed by the Governor shall be persons with a disability or |
11 |
| a parent of a person with a disability. Members shall serve |
12 |
| without compensation, but shall be reimbursed for expenses |
13 |
| incurred in connection with the performance of their duties as |
14 |
| members. |
15 |
| The Board shall meet quarterly, and may hold other meetings |
16 |
| on the call of the chairman. Four members shall constitute a |
17 |
| quorum. The Board may adopt rules and regulations it deems |
18 |
| necessary to govern its own procedures. |
19 |
| (i) Scope and function of the Quality Care Board. The Board |
20 |
| shall monitor and oversee the operations, policies, and |
21 |
| procedures of the Inspector General to assure the prompt and |
22 |
| thorough investigation of allegations of neglect and abuse. In |
23 |
| fulfilling these responsibilities, the Board may do the |
24 |
| following: |
25 |
| (1) Provide independent, expert consultation to the |
26 |
| Inspector General on policies and protocols for |
|
|
|
09600SB0054ham001 |
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1 |
| investigations of alleged neglect and abuse. |
2 |
| (2) Review existing regulations relating to the |
3 |
| operation of facilities under the control of the Department |
4 |
| of Human Services. |
5 |
| (3) Advise the Inspector General as to the content of |
6 |
| training activities authorized under this Section. |
7 |
| (4) Recommend policies concerning methods for |
8 |
| improving the intergovernmental relationships between the |
9 |
| Office of the Inspector General and other State or federal |
10 |
| agencies. |
11 |
| (j) Investigators. The Inspector General shall establish a |
12 |
| comprehensive program to ensure that every person employed or |
13 |
| newly hired to conduct investigations shall receive training on |
14 |
| an on-going basis concerning investigative techniques, |
15 |
| communication skills, and the appropriate means of contact with |
16 |
| persons admitted or committed to the mental health or |
17 |
| developmental disabilities facilities under the jurisdiction |
18 |
| of the Department of Human Services. |
19 |
| (k) Subpoenas; testimony; penalty. The Inspector General |
20 |
| shall have the power to subpoena witnesses and compel the |
21 |
| production of books and papers pertinent to an investigation |
22 |
| authorized by this Act, provided that the power to subpoena or |
23 |
| to compel the production of books and papers shall not extend |
24 |
| to the person or documents of a labor organization or its |
25 |
| representatives insofar as the person or documents of a labor |
26 |
| organization relate to the function of representing an employee |
|
|
|
09600SB0054ham001 |
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|
1 |
| subject to investigation under this Act. Mental health records |
2 |
| of patients shall be confidential as provided under the Mental |
3 |
| Health and Developmental Disabilities Confidentiality Act. Any |
4 |
| person who fails to appear in response to a subpoena or to |
5 |
| answer any question or produce any books or papers pertinent to |
6 |
| an investigation under this Act, except as otherwise provided |
7 |
| in this Section, or who knowingly gives false testimony in |
8 |
| relation to an investigation under this Act is guilty of a |
9 |
| Class A misdemeanor. |
10 |
| (l) Annual report. The Inspector General shall provide to |
11 |
| the General Assembly and the Governor, no later than January 1 |
12 |
| of each year, a summary of reports and investigations made |
13 |
| under this Act for the prior fiscal year with respect to |
14 |
| residents of institutions under the jurisdiction of the |
15 |
| Department of Human Services. The report shall detail the |
16 |
| imposition of sanctions and the final disposition of those |
17 |
| recommendations. The summaries shall not contain any |
18 |
| confidential or identifying information concerning the |
19 |
| subjects of the reports and investigations. The report shall |
20 |
| also include a trend analysis of the number of reported |
21 |
| allegations and their disposition, for each facility and |
22 |
| Department-wide, for the most recent 3-year time period and a |
23 |
| statement, for each facility, of the staffing-to-patient |
24 |
| ratios. The ratios shall include only the number of direct care |
25 |
| staff. The report shall also include detailed recommended |
26 |
| administrative actions and matters for consideration by the |
|
|
|
09600SB0054ham001 |
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|
1 |
| General Assembly. |
2 |
| (m) Program audit. The Auditor General shall conduct a |
3 |
| biennial program audit of the Office of the Inspector General |
4 |
| in relation to the Inspector General's compliance with this |
5 |
| Act. The audit shall specifically include the Inspector |
6 |
| General's effectiveness in investigating reports of alleged |
7 |
| neglect or abuse of residents in any facility operated by the |
8 |
| Department of Human Services and in making recommendations for |
9 |
| sanctions to the Departments of Human Services and Public |
10 |
| Health. The Auditor General shall conduct the program audit |
11 |
| according to the provisions of the Illinois State Auditing Act |
12 |
| and shall report its findings to the General Assembly no later |
13 |
| than January 1 of each odd-numbered year.
|
14 |
| (Source: P.A. 95-545, eff. 8-28-07.) |
15 |
| Section 55. The Governor's Office of Management and Budget |
16 |
| Act is amended by changing Section 1 and by adding Sections 7.1 |
17 |
| and 7.2 as follows:
|
18 |
| (20 ILCS 3005/1) (from Ch. 127, par. 411)
|
19 |
| Sec. 1. Definitions.
|
20 |
| "Capital expenditure" means money spent for replacing, |
21 |
| remodeling, expanding,
or acquiring facilities, buildings or |
22 |
| land owned directly by the State through
any State department, |
23 |
| authority, public corporation of the State, State
college or |
24 |
| university, or any other public agency created by the State,
|
|
|
|
09600SB0054ham001 |
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|
1 |
| but not units of local government or school districts.
|
2 |
| "Director" means the Director of the Governor's Office of |
3 |
| Management and
Budget.
|
4 |
| "Office" means the Governor's Office of Management and |
5 |
| Budget.
|
6 |
| "State Agency," whether used in the singular or plural, |
7 |
| means all
Departments, Officers, Commissions, Boards, |
8 |
| Institutions and bodies,
politic and corporate of the State, |
9 |
| including the Offices of Clerk of
the Supreme Court and Clerks |
10 |
| of the Appellate Courts; except it shall
not mean the several |
11 |
| Courts of the State, nor the Legislature, its
Committees or |
12 |
| Commissions, nor the Constitutionally elected State
Officers , |
13 |
| nor the Executive Ethics Commission, nor the Offices of |
14 |
| Executive Inspectors General .
|
15 |
| (Source: P.A. 93-25, eff. 6-20-03.)
|
16 |
| (20 ILCS 3005/7.1 new) |
17 |
| Sec. 7.1. Transparency in finance. Upon request by the |
18 |
| President of the Senate, the Speaker of the House of |
19 |
| Representatives, or the Minority Leaders of the Senate and |
20 |
| House of Representatives, the Office shall provide a summary of |
21 |
| all formal presentations submitted by the Office to credit |
22 |
| rating agencies or potential investors in State bonds. Within |
23 |
| 10 business days after the submission of State financial |
24 |
| information to credit rating agencies or potential investors in |
25 |
| State bonds, a summary of the submitted information shall be |
|
|
|
09600SB0054ham001 |
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|
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| provided to the legislative leaders and posted on the Office's |
2 |
| website. Notwithstanding any provision to the contrary, the |
3 |
| Office shall not release any information that is not subject to |
4 |
| disclosure under the Freedom of Information Act. |
5 |
| (20 ILCS 3005/7.2 new) |
6 |
| Sec. 7.2. Quarterly financial reports. The Office shall |
7 |
| prepare and publish a quarterly financial report to update the |
8 |
| public and the General Assembly on the status of the State's |
9 |
| finances. At a minimum, each report shall include the following |
10 |
| information: |
11 |
| (1) A review of the State's economic outlook. |
12 |
| (2) A review of general funds revenue performance, both |
13 |
| quarterly and year to date, and an evaluation of that |
14 |
| performance. |
15 |
| (3) The outlook for future general funds revenue |
16 |
| performance, including projections of future general funds |
17 |
| revenues. |
18 |
| (4) An assessment of the State's financial position, |
19 |
| including a summary of general fund receipts, transfers, |
20 |
| expenditures, and liabilities. |
21 |
| (5) A review of Statewide employment statistics. |
22 |
| (6) Other information necessary to present the status |
23 |
| of the State's finances. |
24 |
| In addition, the fourth quarter report for each fiscal year |
25 |
| shall include a summary of fiscal and balanced budget notes |
|
|
|
09600SB0054ham001 |
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|
1 |
| issued by the Office to the General Assembly during the prior |
2 |
| legislative session. Each report shall be posted on the |
3 |
| Office's website within 45 days. |
4 |
| Section 60. The General Assembly Compensation Act is |
5 |
| amended by changing Section 4 as follows: |
6 |
| (25 ILCS 115/4) (from Ch. 63, par. 15.1)
|
7 |
| Sec. 4. Office allowance. Beginning July 1, 2001, each |
8 |
| member
of the House
of Representatives is authorized to approve |
9 |
| the expenditure of not more than
$61,000 per year and each |
10 |
| member of the
Senate is authorized to approve the
expenditure |
11 |
| of not more than $73,000 per
year to pay for "personal |
12 |
| services",
"contractual services", "commodities", "printing", |
13 |
| "travel",
"operation of automotive equipment", |
14 |
| "telecommunications services", as
defined in the State Finance |
15 |
| Act, and the compensation of one or more
legislative assistants |
16 |
| authorized pursuant to this Section, in connection
with his or |
17 |
| her legislative duties and not in connection with any political
|
18 |
| campaign.
On July 1, 2002 and on July 1 of each year |
19 |
| thereafter, the amount authorized
per year under this Section |
20 |
| for each member of the Senate and each member of
the House of |
21 |
| Representatives shall be increased by a percentage increase
|
22 |
| equivalent to the lesser of (i) the increase in the designated |
23 |
| cost of living
index or (ii) 5%. The designated cost of living |
24 |
| index is the index known as
the "Employment Cost Index, Wages |
|
|
|
09600SB0054ham001 |
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|
1 |
| and Salaries, By
Occupation and Industry Groups: State and |
2 |
| Local Government Workers: Public
Administration" as published |
3 |
| by the Bureau of Labor Statistics of the U.S.
Department of |
4 |
| Labor for the calendar year immediately preceding the year of |
5 |
| the
respective July 1st increase date. The increase shall be |
6 |
| added to the then
current amount, and the adjusted amount so |
7 |
| determined shall be the annual
amount beginning July 1 of the |
8 |
| increase year until July 1 of the next year. No
increase under |
9 |
| this provision shall be less than zero.
|
10 |
| A member may purchase office equipment if the member |
11 |
| certifies
to the Secretary of the Senate or the Clerk of the |
12 |
| House, as applicable,
that the purchase price, whether paid in |
13 |
| lump sum or installments, amounts
to less than would be charged |
14 |
| for renting or leasing the equipment over
its anticipated |
15 |
| useful life. All such equipment must be purchased through
the |
16 |
| Secretary of the Senate or the Clerk of the House, as |
17 |
| applicable, for
proper identification and verification of |
18 |
| purchase.
|
19 |
| Each member of the General Assembly is authorized to employ |
20 |
| one or more
legislative assistants, who shall be solely under |
21 |
| the direction and control
of that member, for the purpose of |
22 |
| assisting the member in the performance
of his or her official |
23 |
| duties. A legislative assistant may be employed
pursuant to |
24 |
| this Section as a full-time employee, part-time employee, or
|
25 |
| contractual employee, at
the discretion of the member. If |
26 |
| employed as a State employee, a
legislative assistant shall |
|
|
|
09600SB0054ham001 |
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|
1 |
| receive employment benefits on the same terms
and conditions |
2 |
| that apply to other employees of the General Assembly.
Each |
3 |
| member shall adopt and implement personnel policies
for |
4 |
| legislative assistants under his or her direction and
control |
5 |
| relating to work time requirements, documentation for |
6 |
| reimbursement for
travel on official State business, |
7 |
| compensation, and the earning and accrual of
State benefits for |
8 |
| those legislative assistants who may be eligible to receive
|
9 |
| those benefits.
The policies shall also require legislative |
10 |
| assistants to
periodically submit time sheets documenting, in |
11 |
| quarter-hour increments, the
time
spent each day on official |
12 |
| State business.
The
policies shall require the time sheets to |
13 |
| be submitted on paper,
electronically, or both and to be |
14 |
| maintained in either paper or electronic
format by the |
15 |
| applicable fiscal office
for a period of at least 2 years.
|
16 |
| Contractual employees may satisfy
the time sheets requirement |
17 |
| by complying with the terms of their contract,
which shall |
18 |
| provide for a means of compliance with this requirement.
A |
19 |
| member may
satisfy the requirements of this paragraph by |
20 |
| adopting and implementing the
personnel policies promulgated |
21 |
| by that
member's legislative leader under the State Officials |
22 |
| and Employees Ethics
Act
with respect to that member's |
23 |
| legislative
assistants.
|
24 |
| As used in this Section the term "personal services" shall |
25 |
| include
contributions of the State under the Federal Insurance |
26 |
| Contribution Act and
under Article 14 of the Illinois Pension |
|
|
|
09600SB0054ham001 |
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|
1 |
| Code. As used in this Section the
term "contractual services" |
2 |
| shall not include improvements to real property
unless those |
3 |
| improvements are the obligation of the lessee under the lease
|
4 |
| agreement. Beginning July 1, 1989, as used in the Section, the |
5 |
| term "travel"
shall be limited to travel in connection with a |
6 |
| member's legislative duties and
not in connection with any |
7 |
| political campaign. Beginning on the effective
date of this |
8 |
| amendatory Act of the 93rd General Assembly, as
used
in this |
9 |
| Section, the term "printing" includes, but is not limited to,
|
10 |
| newsletters,
brochures, certificates,
congratulatory
mailings,
|
11 |
| greeting or welcome messages, anniversary or
birthday cards, |
12 |
| and congratulations for prominent achievement cards. As used
in |
13 |
| this Section, the term "printing" includes fees for |
14 |
| non-substantive
resolutions charged by the Clerk of the House |
15 |
| of Representatives under
subsection (c-5) of Section 1 of the |
16 |
| Legislative Materials Act.
No newsletter or brochure that is |
17 |
| paid for, in whole or in part, with
funds
provided under this |
18 |
| Section may be printed or mailed during a period
beginning |
19 |
| December 15 of the year preceding a general primary
election |
20 |
| and ending the day after the general primary election and |
21 |
| during a
period beginning September 1 of the year of a general |
22 |
| election and ending the
day after the general election, except |
23 |
| that such a newsletter or brochure may
be mailed during
those |
24 |
| times if it is mailed to a constituent in response to that |
25 |
| constituent's
inquiry concerning the needs of that constituent |
26 |
| or questions raised by that
constituent.
Nothing in
this |
|
|
|
09600SB0054ham001 |
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|
1 |
| Section shall be construed to authorize expenditures for |
2 |
| lodging and meals
while a member is in attendance at sessions |
3 |
| of the General Assembly.
|
4 |
| Any utility bill for service provided to a member's |
5 |
| district office for
a period including portions of 2 |
6 |
| consecutive fiscal years may be paid from
funds appropriated |
7 |
| for such expenditure in either fiscal year.
|
8 |
| If a vacancy occurs in the office of Senator or |
9 |
| Representative in the General
Assembly, any office equipment in |
10 |
| the possession of the vacating member
shall transfer to the |
11 |
| member's successor; if the successor does not want
such |
12 |
| equipment, it shall be transferred to the Secretary of the |
13 |
| Senate or
Clerk of the House of Representatives, as the case |
14 |
| may be, and if not
wanted by other members of the General |
15 |
| Assembly then to the Department of
Central Management Services |
16 |
| for treatment as surplus property under the
State Property |
17 |
| Control Act. Each member, on or before June 30th of each
year, |
18 |
| shall conduct an inventory of all equipment purchased pursuant |
19 |
| to
this Act. Such inventory shall be filed with the Secretary |
20 |
| of the Senate
or the Clerk of the House, as the case may be. |
21 |
| Whenever a vacancy occurs,
the Secretary of the Senate or the |
22 |
| Clerk of the House, as the case may be,
shall conduct an |
23 |
| inventory of equipment purchased.
|
24 |
| In the event that a member leaves office during his or her |
25 |
| term, any
unexpended or unobligated portion of the allowance |
26 |
| granted under this Section
shall lapse. The vacating member's |
|
|
|
09600SB0054ham001 |
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|
1 |
| successor shall be granted an allowance
in an amount, rounded |
2 |
| to the nearest dollar, computed by dividing the annual
|
3 |
| allowance by 365 and multiplying the quotient by the number of |
4 |
| days remaining
in the fiscal year.
|
5 |
| From any appropriation for the purposes of this Section for |
6 |
| a
fiscal year which overlaps 2 General Assemblies, no more than |
7 |
| 1/2 of the
annual allowance per member may be spent or |
8 |
| encumbered by any member of
either the outgoing or incoming |
9 |
| General Assembly, except that any member
of the incoming |
10 |
| General Assembly who was a member of the outgoing General
|
11 |
| Assembly may encumber or spend any portion of his annual |
12 |
| allowance within
the fiscal year.
|
13 |
| The appropriation for the annual allowances permitted by |
14 |
| this Section
shall be included in an appropriation to the |
15 |
| President of the Senate and to
the Speaker of the House of |
16 |
| Representatives for their respective members.
The President of |
17 |
| the Senate and the Speaker of the House shall voucher for
|
18 |
| payment individual members' expenditures from their annual |
19 |
| office
allowances to the State Comptroller, subject to the |
20 |
| authority of the
Comptroller under Section 9 of the State |
21 |
| Comptroller Act.
|
22 |
| Nothing in this Section prohibits the expenditure of |
23 |
| personal funds or the funds of a political committee controlled |
24 |
| by an officeholder to defray the customary and reasonable |
25 |
| expenses of an officeholder in connection with the performance |
26 |
| of governmental and public service functions. |
|
|
|
09600SB0054ham001 |
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|
1 |
| (Source: P.A. 95-6, eff. 6-20-07.)
|
2 |
| Section 65. The Lobbyist Registration Act is amended by |
3 |
| changing Sections 2, 3, 3.1, 5, 6, 7, 10, and 11 and by adding |
4 |
| Sections 4.5 and 11.3 as follows:
|
5 |
| (25 ILCS 170/2) (from Ch. 63, par. 172)
|
6 |
| Sec. 2. Definitions. As used in this Act, unless the |
7 |
| context otherwise
requires:
|
8 |
| (a) "Person" means any individual, firm, partnership, |
9 |
| committee,
association, corporation, or any other organization |
10 |
| or group of persons.
|
11 |
| (b) "Expenditure" means a payment, distribution, loan, |
12 |
| advance, deposit,
or gift of money or anything of value, and |
13 |
| includes a contract, promise, or
agreement, whether or not |
14 |
| legally enforceable, to make an expenditure, for
the ultimate |
15 |
| purpose of influencing executive, legislative, or |
16 |
| administrative
action, other than compensation as defined in |
17 |
| subsection (d).
|
18 |
| (c) "Official" means:
|
19 |
| (1) the Governor, Lieutenant Governor, Secretary of |
20 |
| State, Attorney
General, State Treasurer, and State |
21 |
| Comptroller;
|
22 |
| (2) Chiefs of Staff for officials described in item |
23 |
| (1);
|
24 |
| (3) Cabinet members of any elected constitutional |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| officer, including
Directors, Assistant Directors and |
2 |
| Chief Legal Counsel or General Counsel;
|
3 |
| (4) Members of the General Assembly.
|
4 |
| (d) "Compensation" means any money, thing of value or |
5 |
| financial benefits
received or to be received in return for |
6 |
| services rendered or to be
rendered, for lobbying as defined in |
7 |
| subsection (e).
|
8 |
| Monies paid to members of the General Assembly by the State |
9 |
| as
remuneration for performance of their Constitutional and |
10 |
| statutory duties
as members of the General Assembly shall not |
11 |
| constitute compensation as
defined by this Act.
|
12 |
| (e) "Lobby" and "lobbying"
"Lobbying" means any |
13 |
| communication with an official of the
executive or legislative |
14 |
| branch of State government as defined in subsection
(c) for the |
15 |
| ultimate purpose of influencing any executive, legislative, or
|
16 |
| administrative action.
|
17 |
| (f) "Influencing" means any communication, action, |
18 |
| reportable
expenditure as prescribed in Section 6 or other |
19 |
| means used to promote,
support, affect, modify, oppose or delay |
20 |
| any executive, legislative or
administrative action or to |
21 |
| promote goodwill with officials as defined in
subsection (c).
|
22 |
| (g) "Executive action" means the proposal, drafting, |
23 |
| development,
consideration, amendment, adoption, approval, |
24 |
| promulgation, issuance,
modification, rejection or |
25 |
| postponement by a State entity of a rule,
regulation, order, |
26 |
| decision, determination, contractual arrangement, purchasing
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| agreement or other quasi-legislative or quasi-judicial action |
2 |
| or proceeding.
|
3 |
| (h) "Legislative action" means the development, drafting, |
4 |
| introduction,
consideration, modification, adoption, |
5 |
| rejection, review, enactment, or passage
or defeat of any bill, |
6 |
| amendment, resolution, report, nomination,
administrative rule |
7 |
| or other matter by either house of the General Assembly or
a |
8 |
| committee thereof, or by a legislator. Legislative action also |
9 |
| means the
action of the Governor in approving or vetoing any |
10 |
| bill or portion thereof, and
the action of the Governor or any |
11 |
| agency in the development of a proposal for
introduction in the |
12 |
| legislature.
|
13 |
| (i) "Administrative action" means the execution or |
14 |
| rejection of any rule,
regulation, legislative rule, standard, |
15 |
| fee, rate, contractual arrangement,
purchasing agreement or |
16 |
| other delegated legislative or quasi-legislative action
to be |
17 |
| taken or withheld by any executive agency, department, board or
|
18 |
| commission of the State.
|
19 |
| (j) "Lobbyist" means any natural person who undertakes to |
20 |
| lobby State government
as provided in subsection (e).
|
21 |
| (k) "Lobbying entity" means any entity that hires, retains, |
22 |
| employs, or compensates a natural person to lobby State |
23 |
| government as provided in subsection (e).
|
24 |
| (Source: P.A. 88-187.)
|
25 |
| (25 ILCS 170/3) (from Ch. 63, par. 173)
|
|
|
|
09600SB0054ham001 |
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|
1 |
| Sec. 3. Persons required to register.
|
2 |
| (a) Except as provided in Section
Sections 4 and 9, any |
3 |
| natural
the following persons shall
register with the Secretary |
4 |
| of State as provided herein: (1) Any person who, for |
5 |
| compensation or otherwise,
undertakes to lobby, or any
either |
6 |
| individually or as an employee or contractual employee of |
7 |
| another
person, undertakes to influence executive, legislative |
8 |
| or administrative
action. (2) Any person or entity who employs |
9 |
| another person for the purposes
of lobbying, shall register |
10 |
| with the Secretary of State as provided in this Act, unless |
11 |
| that person or entity qualifies for one or more of the |
12 |
| following exemptions
influencing executive, legislative or |
13 |
| administrative action .
|
14 |
| (1) Persons or entities who, for the purpose of |
15 |
| influencing executive, legislative, or administrative |
16 |
| action and who do not make expenditures that are reportable |
17 |
| pursuant to Section 6, appear without compensation or |
18 |
| promise thereof only as witnesses before committees of the |
19 |
| House and Senate for the purpose of explaining or arguing |
20 |
| for or against the passage of or action upon any |
21 |
| legislation then pending before those committees, or who |
22 |
| seek without compensation or promise thereof the approval |
23 |
| or veto of any legislation by the Governor. |
24 |
| (1.4) A unit of local government or a school district. |
25 |
| (1.5) An elected or appointed official or an employee |
26 |
| of a unit of local government or school district who, in |
|
|
|
09600SB0054ham001 |
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|
1 |
| the scope of his or her public office or employment, seeks |
2 |
| to influence executive, legislative, or administrative |
3 |
| action exclusively on behalf of that unit of local |
4 |
| government or school district. |
5 |
| (2) Persons or entities who own, publish, or are |
6 |
| employed by a newspaper or other regularly published |
7 |
| periodical, or who own or are employed by a radio station, |
8 |
| television station, or other bona fide news medium that in |
9 |
| the ordinary course of business disseminates news, |
10 |
| editorial or other comment, or paid advertisements that |
11 |
| directly urge the passage or defeat of legislation. This |
12 |
| exemption is not applicable to such an individual insofar |
13 |
| as he or she receives additional compensation or expenses |
14 |
| from some source other than the bona fide news medium for |
15 |
| the purpose of influencing executive, legislative, or |
16 |
| administrative action. This exemption does not apply to |
17 |
| newspapers and periodicals owned by or published by trade |
18 |
| associations and not-for-profit corporations engaged |
19 |
| primarily in endeavors other than dissemination of news. |
20 |
| (3) Persons or entities performing professional |
21 |
| services in drafting bills or in advising and rendering |
22 |
| opinions to clients as to the construction and effect of |
23 |
| proposed or pending legislation when those professional |
24 |
| services are not otherwise, directly or indirectly, |
25 |
| connected with executive, legislative, or administrative |
26 |
| action. |
|
|
|
09600SB0054ham001 |
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|
1 |
| (4) Persons or entities who are employees of |
2 |
| departments, divisions, or agencies of State government |
3 |
| and who appear before committees of the House and Senate |
4 |
| for the purpose of explaining how the passage of or action |
5 |
| upon any legislation then pending before those committees |
6 |
| will affect those departments, divisions, or agencies of |
7 |
| State government. |
8 |
| (5) Employees of the General Assembly, legislators, |
9 |
| legislative agencies, and legislative commissions who, in |
10 |
| the course of their official duties only, engage in |
11 |
| activities that otherwise qualify as lobbying. |
12 |
| (6) Persons or entities in possession of technical |
13 |
| skills and knowledge relevant to certain areas of |
14 |
| executive, legislative, or administrative actions, whose |
15 |
| skills and knowledge would be helpful to officials when |
16 |
| considering those actions, whose activities are limited to |
17 |
| making occasional appearances for or communicating on |
18 |
| behalf of a registrant, and who do not make expenditures |
19 |
| that are reportable pursuant to Section 6 even though |
20 |
| receiving expense reimbursement for those occasional |
21 |
| appearances. |
22 |
| (7) Any full-time employee of a bona fide church or |
23 |
| religious organization who represents that organization |
24 |
| solely for the purpose of protecting the right of the |
25 |
| members thereof to practice the religious doctrines of that |
26 |
| church or religious organization, or any such bona fide |
|
|
|
09600SB0054ham001 |
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|
1 |
| church or religious organization. |
2 |
| (8) Persons who receive no compensation other than |
3 |
| reimbursement for expenses of up to $500 per year while |
4 |
| engaged in lobbying State government, unless those persons |
5 |
| make expenditures that are reportable under Section 6. |
6 |
| (9) Any attorney or group or firm of attorneys in the |
7 |
| course of representing a client in any administrative or |
8 |
| judicial proceeding, or any witness providing testimony in |
9 |
| any administrative or judicial proceeding, in which ex |
10 |
| parte communications are not allowed and who does not make |
11 |
| expenditures that are reportable pursuant to Section 6. |
12 |
| (10) Persons or entities who, in the scope of their |
13 |
| employment as a vendor, offer or solicit an official for |
14 |
| the purchase of any goods or services when (1) the |
15 |
| solicitation is limited to either an oral inquiry or |
16 |
| written advertisements and informative literature; or (2) |
17 |
| the goods and services are subject to competitive bidding |
18 |
| requirements of the Illinois Procurement Code; or (3) the |
19 |
| goods and services are for sale at a cost not to exceed |
20 |
| $5,000; and (4) the persons or entities do not make |
21 |
| expenditures that are reportable under Section 6.
|
22 |
| (b) It is a violation of this Act to engage in lobbying or |
23 |
| to employ any
person for the purpose of lobbying who is not |
24 |
| registered with the Office of the
Secretary of State, except |
25 |
| upon condition that the person register and the
person does in |
26 |
| fact register within 2 business days after being employed or |
|
|
|
09600SB0054ham001 |
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|
1 |
| retained for lobbying services.
|
2 |
| (Source: P.A. 93-615, eff. 11-19-03.)
|
3 |
| (25 ILCS 170/3.1)
|
4 |
| Sec. 3.1. Prohibition on serving on boards and commissions.
|
5 |
| Notwithstanding any other law of this State, on and after |
6 |
| February 1, 2004,
but not before that date, a person required |
7 |
| to be registered
under this Act, his or her spouse, and his or |
8 |
| her immediate family members
living with that person may not
|
9 |
| serve on a board, commission, authority, or task force |
10 |
| authorized or created
by State law or by executive order of the |
11 |
| Governor if the lobbyist is engaged in the same subject area as |
12 |
| defined in Section 5(c-6) as the board or commission ; except |
13 |
| that this
restriction does not apply to any of the
following:
|
14 |
| (1) a registered lobbyist, his or her spouse, or any |
15 |
| immediate family
member living with the registered |
16 |
| lobbyist, who is serving in an elective
public office, |
17 |
| whether
elected or appointed to fill a vacancy; and
|
18 |
| (2) a registered lobbyist, his or her spouse, or any |
19 |
| immediate family
member living with the registered |
20 |
| lobbyist, who is serving on a State
advisory body
that |
21 |
| makes nonbinding recommendations to an agency of State |
22 |
| government
but does not make binding recommendations or |
23 |
| determinations or take any
other substantive action.
|
24 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (25 ILCS 170/4.5 new) |
2 |
| Sec. 4.5. Ethics training. Each person required to register |
3 |
| under this Act must complete a program of ethics training |
4 |
| provided by the Secretary of State. A person registered under |
5 |
| this Act must complete the training program during each |
6 |
| calendar year the person remains registered. If the Secretary |
7 |
| of State uses the ethics training developed in accordance with |
8 |
| Section 5-10 of the State Officials and Employees Ethics Act, |
9 |
| that training must be expanded to include appropriate |
10 |
| information about the requirements, responsibilities, and |
11 |
| opportunities imposed by or arising under this Act, including |
12 |
| reporting requirements. |
13 |
| The Secretary of State shall adopt rules for the |
14 |
| implementation of this Section. |
15 |
| (25 ILCS 170/5)
|
16 |
| Sec. 5. Lobbyist registration and disclosure. Every person |
17 |
| required to
register under Section 3 shall
before any service
|
18 |
| is performed which requires the person to register, but in any |
19 |
| event not
later than 2 business days after being employed or |
20 |
| retained, and on or before
each
January 31 and July 31 |
21 |
| thereafter, file in the Office of the
Secretary of State a |
22 |
| written statement in a format prescribed by the Secretary of |
23 |
| State containing the
following
information
with respect to each |
24 |
| person or entity
employing or retaining the person required to |
25 |
| register:
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| (a) The registrant's name, permanent address, e-mail
|
2 |
| address, if any,
fax
number, if any, business telephone |
3 |
| number, and temporary address, if the
registrant has a |
4 |
| temporary address while lobbying.
|
5 |
| (a-5) If the registrant is an organization or business |
6 |
| entity, the
information required under subsection (a) for |
7 |
| each person associated with the
registrant who will be |
8 |
| lobbying,
regardless of whether lobbying is a significant |
9 |
| part of his or her duties.
|
10 |
| (b) The name and address of the person or persons |
11 |
| employing or retaining
registrant to perform such services |
12 |
| or on whose behalf the registrant appears.
|
13 |
| (c) A brief description of the executive, legislative, |
14 |
| or administrative
action in reference to which such service |
15 |
| is to be rendered.
|
16 |
| (c-5) Each executive and legislative branch agency the |
17 |
| registrant
expects
to lobby during the registration |
18 |
| period.
|
19 |
| (c-6) The nature of the client's business, by |
20 |
| indicating all
of the following categories that apply: (1) |
21 |
| banking and financial services, (2)
manufacturing, (3) |
22 |
| education, (4) environment, (5) healthcare, (6)
insurance, |
23 |
| (7) community interests, (8) labor, (9) public relations or
|
24 |
| advertising, (10) marketing or sales, (11) hospitality, |
25 |
| (12) engineering,
(13) information or technology products |
26 |
| or services, (14) social services,
(15) public utilities, |
|
|
|
09600SB0054ham001 |
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|
1 |
| (16) racing or wagering, (17) real estate or
construction, |
2 |
| (18) telecommunications, (19) trade or professional
|
3 |
| association, (20) travel or tourism, (21) transportation, |
4 |
| and (22) other
(setting forth the nature of that other |
5 |
| business).
|
6 |
| The registrant must file an amendment to the statement |
7 |
| within 14 calendar
days
to report any substantial change or |
8 |
| addition to the information previously
filed, except that a |
9 |
| registrant must file an amendment to the statement to
disclose |
10 |
| a new agreement to retain the registrant for lobbying services
|
11 |
| before any service is performed which requires the person to |
12 |
| register, but in
any event not later than 2 business days after |
13 |
| entering into the retainer
agreement.
|
14 |
| Not later than 12 months after the effective date of this |
15 |
| amendatory
Act of the 93rd General Assembly, or as soon |
16 |
| thereafter as the Secretary of
State has provided adequate |
17 |
| software to the persons required to file, all
statements and |
18 |
| amendments to statements required to be filed shall be filed
|
19 |
| electronically. The Secretary of State shall promptly make all |
20 |
| filed
statements and amendments to statements publicly |
21 |
| available by means of a
searchable database that is accessible |
22 |
| through the World Wide Web. The
Secretary of State shall |
23 |
| provide all software necessary to comply with this
provision to |
24 |
| all persons required to file. The Secretary of State shall
|
25 |
| implement a plan to provide computer access and assistance to |
26 |
| persons
required to file electronically.
|
|
|
|
09600SB0054ham001 |
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|
1 |
| All Persons required to register under this Act prior to |
2 |
| July 1, 2003,
shall
remit a single, annual and nonrefundable |
3 |
| $50 registration fee.
All fees collected for registrations |
4 |
| prior to July 1, 2003, shall be deposited
into the Lobbyist |
5 |
| Registration Administration Fund for administration and
|
6 |
| enforcement of this Act. Beginning July 1, 2003, all persons |
7 |
| other than
entities qualified under Section 501(c)(3) of the |
8 |
| Internal Revenue Code
required to register under this Act shall |
9 |
| remit a single, annual, and
nonrefundable $1,000 $350 |
10 |
| registration fee. Entities required to register under this
Act
|
11 |
| which are qualified under Section 501(c)(3) of the Internal |
12 |
| Revenue Code shall
remit a single, annual,
and nonrefundable |
13 |
| $150 registration fee. Each individual required to register
|
14 |
| under this Act shall submit, on an annual basis, a picture of |
15 |
| the registrant. A registrant may, in lieu of submitting a
|
16 |
| picture on an annual basis, authorize the Secretary of State to |
17 |
| use any photo
identification available in any database |
18 |
| maintained by the Secretary of State
for other purposes. Of |
19 |
| each registration fee collected for registrations on
or after |
20 |
| July 1, 2003, $50 shall be deposited into the Lobbyist
|
21 |
| Registration Administration Fund for administration and |
22 |
| enforcement
of this
Act and is intended to be used to implement |
23 |
| and maintain
electronic
filing of
reports under this Act, the |
24 |
| next
$100 shall be deposited into the Lobbyist
Registration |
25 |
| Administration Fund for administration and enforcement of this
|
26 |
| Act, and any balance shall be deposited into the General |
|
|
|
09600SB0054ham001 |
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|
1 |
| Revenue Fund , except that amounts resulting from the fee |
2 |
| increase of this amendatory Act of the 96th General Assembly |
3 |
| shall be deposited into the Lobbyist Registration |
4 |
| Administration Fund to be used for the costs of reviewing and |
5 |
| investigating violations of this Act. .
|
6 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; |
7 |
| 93-617, eff. 12-9-03.)
|
8 |
| (25 ILCS 170/6) (from Ch. 63, par. 176)
|
9 |
| Sec. 6. Reports.
|
10 |
| (a) Lobbyist reports. Except as otherwise provided in this |
11 |
| Section, every lobbyist registered under this Act who is solely |
12 |
| employed by a lobbying entity
person required to
register as |
13 |
| prescribed in Section 3 shall file an affirmation
report , |
14 |
| verified under
oath pursuant to Section 1-109 of the Code of |
15 |
| Civil Procedure, with
to the
Secretary of
State attesting to |
16 |
| the accuracy of any reports filed pursuant to subsection (b) as |
17 |
| those reports pertain to work performed by the lobbyist. Any |
18 |
| lobbyist registered under this Act who is not solely employed |
19 |
| by a lobbying entity shall personally file reports required of |
20 |
| lobbying entities pursuant to subsection (b). A lobbyist may, |
21 |
| if authorized so to do by a lobbying entity by whom he or she is |
22 |
| employed or retained, file lobbying entity reports pursuant to |
23 |
| section (b) provided that the lobbying entity may delegate the |
24 |
| filing of the lobbying entity report to only one lobbyist in |
25 |
| any reporting period
all expenditures for lobbying made or |
|
|
|
09600SB0054ham001 |
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|
1 |
| incurred by the lobbyist on his
behalf or the behalf of his |
2 |
| employer. In the case where an individual is
solely employed by |
3 |
| another person to perform job related functions any part of
|
4 |
| which includes lobbying, the employer shall be responsible for |
5 |
| reporting all
lobbying expenditures incurred on the employer's |
6 |
| behalf as shall be identified
by the lobbyist to the employer |
7 |
| preceding such report. Persons who contract
with another person |
8 |
| to perform lobbying activities shall be responsible for
|
9 |
| reporting all lobbying expenditures incurred on the employer's |
10 |
| behalf. Any
additional lobbying expenses incurred by the |
11 |
| employer which are separate and
apart from those incurred by |
12 |
| the contractual employee shall be reported by the
employer .
|
13 |
| (b) Lobbying entity reports. Except as otherwise provided |
14 |
| in this Section, every lobbying entity registered under this |
15 |
| Act shall report expenditures related to lobbying. The report |
16 |
| shall itemize each individual expenditure or transaction
over
|
17 |
| $100 and shall include the name of the official on whose behalf |
18 |
| the
expenditure
was made, the name of the client on whose |
19 |
| behalf the expenditure was made , if applicable , the
total |
20 |
| amount of the expenditure, a description of the expenditure, |
21 |
| the address and location of the expenditure if the expenditure |
22 |
| was for an intangible item such as lodging, the date on which |
23 |
| the expenditure occurred and
the subject matter of the lobbying |
24 |
| activity, if any.
|
25 |
| The report shall include the names and addresses of all |
26 |
| clients who retained the lobbying entity together with an |
|
|
|
09600SB0054ham001 |
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|
1 |
| itemized description for each client of the following: (1) |
2 |
| lobbying regarding executive action, including the name of any |
3 |
| executive agency lobbied and the subject matter; (2) lobbying |
4 |
| regarding legislative action, including the General Assembly |
5 |
| and any other agencies lobbied and the subject matter; and (3) |
6 |
| lobbying regarding administrative action, including the agency |
7 |
| lobbied and the subject matter. Registrants who made no |
8 |
| reportable expenditures during a reporting period shall file a |
9 |
| report stating that no expenditures were incurred.
|
10 |
| Expenditures attributable to lobbying officials shall be |
11 |
| listed and reported
according to the following categories:
|
12 |
| (1) travel and lodging on behalf of others.
|
13 |
| (2) meals, beverages and other entertainment.
|
14 |
| (3) gifts (indicating which, if any, are on the basis |
15 |
| of personal friendship) .
|
16 |
| (4) honoraria.
|
17 |
| (5) any other thing or service of value not listed |
18 |
| under categories (1) through (4), setting forth a |
19 |
| description of the expenditure.
The category travel and |
20 |
| lodging includes, but is not limited to, all travel and |
21 |
| living accommodations made for or on behalf of State |
22 |
| officials in the State capital during sessions of the |
23 |
| General Assembly.
|
24 |
| Individual expenditures required to be reported as |
25 |
| described herein which
are
equal to or less than $100 in value |
26 |
| need not be itemized but are required to be
categorized and |
|
|
|
09600SB0054ham001 |
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|
1 |
| reported by officials in an aggregate total in a manner
|
2 |
| prescribed by rule of the Secretary of State.
|
3 |
| (b-3) Expenditures incurred for hosting receptions, |
4 |
| benefits and other large
gatherings held for purposes of |
5 |
| goodwill or otherwise to influence executive,
legislative or |
6 |
| administrative action to which there are 25 or more State
|
7 |
| officials invited shall be reported listing only the total |
8 |
| amount of
the
expenditure, the date of the event, and the |
9 |
| estimated number of officials in
attendance.
|
10 |
| (b-5) Each individual expenditure required to be reported |
11 |
| shall include all
expenses made for or on behalf of State |
12 |
| officials and their immediate family members of the immediate
|
13 |
| family of those persons .
|
14 |
| The category travel and lodging includes, but is not |
15 |
| limited to, all travel
and living accommodations made for or on |
16 |
| behalf of State officials in the
capital during sessions of the |
17 |
| General Assembly.
|
18 |
| (b-7) Matters excluded from reports. Reasonable and bona |
19 |
| fide expenditures made by the registrant
who is a member of a |
20 |
| legislative or State study commission or committee while
|
21 |
| attending and participating in meetings and hearings of such |
22 |
| commission or
committee need not be reported.
|
23 |
| Reasonable and bona fide expenditures made by the |
24 |
| registrant for personal
sustenance, lodging, travel, office |
25 |
| expenses and clerical or support staff
need not be reported.
|
26 |
| Salaries, fees, and other compensation paid to
the |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| registrant
for the
purposes of lobbying
need not be
reported.
|
2 |
| Any contributions required to be reported under Article 9 |
3 |
| of the Election
Code need not be reported.
|
4 |
| The report shall include: (1) the name of each State |
5 |
| government
entity lobbied; (2) whether the lobbying involved |
6 |
| executive, legislative, or
administrative action, or a |
7 |
| combination; (3) the names of the persons who
performed the |
8 |
| lobbyist services; and (4) a brief description of the
|
9 |
| legislative, executive, or administrative action involved.
|
10 |
| Except as otherwise provided in this subsection, gifts and |
11 |
| honoraria
returned or reimbursed to the registrant within 30 |
12 |
| days of the date of
receipt shall not be reported.
|
13 |
| A gift or honorarium returned or reimbursed to the |
14 |
| registrant within 10
days after the official receives a copy of |
15 |
| a report pursuant to Section 6.5
shall not be included in the |
16 |
| final report unless the registrant informed the
official, |
17 |
| contemporaneously with the receipt of the gift or honorarium, |
18 |
| that
the gift or honorarium is a reportable expenditure |
19 |
| pursuant to this Act.
|
20 |
| (c) Reports under this Section shall be filed by July 31, |
21 |
| for expenditures
from the previous January 1 through the later |
22 |
| of June 30 or the final day of
the regular General Assembly |
23 |
| session, and by January 31, for expenditures from
the entire |
24 |
| previous calendar year.
|
25 |
| Registrants who made no reportable expenditures during a |
26 |
| reporting period
shall file a report stating that no |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| expenditures were incurred. Such reports
shall be filed in |
2 |
| accordance with the deadlines as prescribed in this
subsection.
|
3 |
| A registrant who terminates employment or duties which |
4 |
| required him to
register under this Act shall give the |
5 |
| Secretary of State, within 30 days after
the date of such |
6 |
| termination, written notice of such termination and shall
|
7 |
| include therewith a report of the expenditures described |
8 |
| herein, covering the
period of time since the filing of his |
9 |
| last report to the date of termination
of employment. Such |
10 |
| notice and report shall be final and relieve such
registrant of |
11 |
| further reporting under this Act, unless and until he later |
12 |
| takes
employment or assumes duties requiring him to again |
13 |
| register under this Act.
|
14 |
| (d) Failure to file any such report within the time |
15 |
| designated or the
reporting of incomplete information shall |
16 |
| constitute a violation of this Act.
|
17 |
| A registrant shall preserve for a period of 2 years all |
18 |
| receipts and records
used in preparing reports under this Act.
|
19 |
| (e) Within 30 days after a filing deadline or as provided |
20 |
| by rule , the lobbyist shall notify each
official on whose |
21 |
| behalf an expenditure has been reported. Notification shall
|
22 |
| include the name of the registrant, the total amount of the |
23 |
| expenditure, a description of the expenditure, the
date on |
24 |
| which the expenditure occurred, and the subject matter of the |
25 |
| lobbying
activity.
|
26 |
| (f) Lobbyist and lobbying entity reports shall be filed |
|
|
|
09600SB0054ham001 |
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|
1 |
| weekly when the General Assembly is in session and monthly |
2 |
| otherwise, in accordance with rules the Secretary of State |
3 |
| shall adopt for the implementation of this subsection. A report |
4 |
| filed under this Act is due in the Office of the Secretary of |
5 |
| State no later than the close of business on the date on which |
6 |
| it is required to be filed. |
7 |
| (g) All reports filed under this Act shall be filed in a |
8 |
| format or on forms prescribed by the Secretary of State.
|
9 |
| (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
|
10 |
| (25 ILCS 170/7) (from Ch. 63, par. 177)
|
11 |
| Sec. 7. Duties of the Secretary of State.
|
12 |
| (a) It shall be the duty of the Secretary of State to |
13 |
| provide appropriate
forms for the registration and reporting of |
14 |
| information required by this
Act and to keep such registrations |
15 |
| and reports on file in his office for 3
years from the date of |
16 |
| filing. He shall also provide and maintain a
register with |
17 |
| appropriate blanks and indexes so that the information
required |
18 |
| in Sections 5 and 6 of this Act may be accordingly entered. |
19 |
| Such
records shall be considered public information and open to |
20 |
| public
inspection.
|
21 |
| A report filed under this Act is due in the Office of the |
22 |
| Secretary of
State no later than the close of business on the |
23 |
| date on which it is required
to be filed.
|
24 |
| (b) Within 10 days after a filing deadline, the Secretary |
25 |
| of State shall notify
persons he determines are required to |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| file but have failed to do so.
|
2 |
| (c) The Secretary of State shall provide adequate software |
3 |
| to the persons required to file under this Act, and all |
4 |
| registrations, reports, statements, and amendments required to |
5 |
| be filed shall be filed electronically.
Not later than 12 |
6 |
| months after the effective date of this amendatory
Act of the |
7 |
| 93rd General Assembly, or as soon thereafter as the Secretary |
8 |
| of
State has provided adequate software to the persons required |
9 |
| to file, all
reports required under this Act shall be filed |
10 |
| electronically. The Secretary of
State shall promptly make all |
11 |
| filed reports publicly available by means of a
searchable |
12 |
| database that is accessible through the World Wide Web. The
|
13 |
| Secretary of State shall provide all software necessary to |
14 |
| comply with this
provision to all persons required to file. The |
15 |
| Secretary of State shall
implement a plan to provide computer |
16 |
| access and assistance to persons
required to file |
17 |
| electronically.
|
18 |
| (d) Not later than 12 months after the effective date of |
19 |
| this amendatory Act of
the 93rd General Assembly, the Secretary |
20 |
| of State shall include registrants'
pictures when publishing
or |
21 |
| posting on his or her website the information required in |
22 |
| Section 5.
|
23 |
| (e) The Secretary of State shall receive and investigate |
24 |
| allegations of violations of this Act. Any employee of the |
25 |
| Secretary of State who receives an allegation shall immediately |
26 |
| transmit it to the Secretary of State Inspector General.
|
|
|
|
09600SB0054ham001 |
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|
1 |
| (Source: P.A. 93-615, eff. 11-19-03.)
|
2 |
| (25 ILCS 170/10) (from Ch. 63, par. 180)
|
3 |
| Sec. 10. Penalties.
|
4 |
| (a) Any person who violates any of the provisions of this |
5 |
| Act shall be
guilty of a business offense and shall be fined |
6 |
| not more than $10,000 for each violation. Every day that a |
7 |
| report or registration is late shall constitute a separate |
8 |
| violation. In determining the appropriate fine for each |
9 |
| violation, the trier of fact shall consider the scope of the |
10 |
| entire lobbying project, the nature of activities conducted |
11 |
| during the time the person was in violation of this Act, and |
12 |
| whether or not the violation was intentional or unreasonable .
|
13 |
| (b) In addition to the penalties provided for in subsection |
14 |
| (a)
of this Section, any person convicted of any violation of |
15 |
| any provision of
this Act is prohibited for a period of three |
16 |
| years from the date of such
conviction from lobbying.
|
17 |
| (c) There is created in the State treasury a special fund |
18 |
| to be known as
the Lobbyist Registration Administration Fund. |
19 |
| All fines collected in the
enforcement of this Section shall be |
20 |
| deposited into the Fund. These funds
shall, subject to |
21 |
| appropriation, be used by the Office of the Secretary of
State |
22 |
| for implementation and administration of this Act.
|
23 |
| (Source: P.A. 88-187 .)
|
24 |
| (25 ILCS 170/11) (from Ch. 63, par. 181)
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Sec. 11. Enforcement
Venue .
|
2 |
| (a) The Secretary of State Inspector General appointed |
3 |
| under Section 14 of the Secretary of State Act shall initiate |
4 |
| investigations of violations of this Act upon receipt of an |
5 |
| allegation. If the Inspector General finds credible evidence of |
6 |
| a violation, he or she shall make the information available to |
7 |
| the public and transmit copies of the evidence to the alleged |
8 |
| violator. If the violator does not correct the violation within |
9 |
| 30 days, the Inspector General shall transmit the full record |
10 |
| of the investigation to any appropriate State's Attorney or to |
11 |
| the Attorney General.
|
12 |
| (b) Any violation of this Act may be prosecuted in the |
13 |
| county where the
offense is committed or in Sangamon County. In |
14 |
| addition to the State's
Attorney of the appropriate county, the |
15 |
| Attorney General of Illinois also
is authorized to prosecute |
16 |
| any violation of this Act.
|
17 |
| (Source: P.A. 76-1848.)
|
18 |
| (25 ILCS 170/11.3 new) |
19 |
| Sec. 11.3. Compensation from a State agency. It is a |
20 |
| violation of this Act for a person registered or required to be |
21 |
| registered under this Act to accept or agree to accept |
22 |
| compensation from a State agency for the purpose of lobbying |
23 |
| legislative action. |
24 |
| This Section does not apply to compensation (i) that is a |
25 |
| portion of the salary of a full-time employee of a State agency |
|
|
|
09600SB0054ham001 |
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|
1 |
| whose responsibility or authority includes, but is not limited |
2 |
| to, lobbying executive, legislative, or administrative action |
3 |
| or (ii) to an individual who is contractually retained by a |
4 |
| State agency that is not listed in Section 5-15 of the Civil |
5 |
| Administrative Code of Illinois. |
6 |
| For the purpose of this Section, "State agency" is defined |
7 |
| as in the Illinois State Auditing Act.
|
8 |
| (25 ILCS 170/4 rep.)
|
9 |
| Section 70. The Lobbyist Registration Act is amended by |
10 |
| repealing Section 4.
|
11 |
| Section 75. The State Prompt Payment Act is amended by |
12 |
| changing Section 3-2 as follows:
|
13 |
| (30 ILCS 540/3-2) (from Ch. 127, par. 132.403-2)
|
14 |
| Sec. 3-2. Beginning July 1, 1993, in any instance where a |
15 |
| State official or
agency is late in payment of a vendor's bill |
16 |
| or invoice for goods or services
furnished to the State, as |
17 |
| defined in Section 1, properly approved in
accordance with |
18 |
| rules promulgated under Section 3-3, the State official or
|
19 |
| agency shall pay interest to the vendor in accordance with the |
20 |
| following:
|
21 |
| (1) Any bill approved for payment under this Section |
22 |
| must be paid
or the payment issued to the payee within 60 |
23 |
| days of receipt
of a proper bill or invoice.
If payment is |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| not issued to the payee within this 60 day
period, an
|
2 |
| interest penalty of 1.0% of any amount approved and unpaid |
3 |
| shall be added
for each month or fraction thereof after the |
4 |
| end of this 60 day period,
until final payment is made.
|
5 |
| (1.1) A State agency shall review in a timely manner |
6 |
| each bill or
invoice after its receipt. If the
State agency |
7 |
| determines that the bill or invoice contains a defect |
8 |
| making it
unable to process the payment request, the agency
|
9 |
| shall notify the vendor requesting payment as soon as |
10 |
| possible after
discovering the
defect pursuant to rules |
11 |
| promulgated under Section 3-3; provided, however, that the |
12 |
| notice for construction related bills or invoices must be |
13 |
| given not later than 30 days after the bill or invoice was |
14 |
| first submitted. The notice shall
identify the defect and |
15 |
| any additional information
necessary to correct the |
16 |
| defect. If one or more items on a construction related bill |
17 |
| or invoice are disapproved, but not the entire bill or |
18 |
| invoice, then the portion that is not disapproved shall be |
19 |
| paid.
|
20 |
| (2) Where a State official or agency is late in payment |
21 |
| of a
vendor's bill or invoice properly approved in |
22 |
| accordance with this Act, and
different late payment terms |
23 |
| are not reduced to writing as a contractual
agreement, the |
24 |
| State official or agency shall automatically pay interest
|
25 |
| penalties required by this Section amounting to $50 or more |
26 |
| to the appropriate
vendor. Each agency shall be responsible |
|
|
|
09600SB0054ham001 |
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|
1 |
| for determining whether an interest
penalty
is
owed and
for |
2 |
| paying the interest to the vendor.
For interest of at least |
3 |
| $5 but less than $50, the vendor must
initiate a written |
4 |
| request for the interest penalty when such interest is due
|
5 |
| and payable. The Department of Central Management Services |
6 |
| and the State
Comptroller shall jointly promulgate rules |
7 |
| establishing the conditions under
which interest of less |
8 |
| than $5 may be claimed and paid. In the event an
individual |
9 |
| has paid a vendor for services in advance, the provisions |
10 |
| of this
Section shall apply until payment is made to that |
11 |
| individual.
|
12 |
| (Source: P.A. 94-972, eff. 7-1-07 .)
|
13 |
| Section 80. The Illinois Public Aid Code is amended by |
14 |
| changing Section 12-13.1 as follows:
|
15 |
| (305 ILCS 5/12-13.1)
|
16 |
| Sec. 12-13.1. Inspector General.
|
17 |
| (a) The Governor shall appoint, and the Senate shall |
18 |
| confirm, an Inspector
General who shall function within the |
19 |
| Illinois Department of Public Aid (now Healthcare and Family |
20 |
| Services) and
report to the Governor. The term of the Inspector |
21 |
| General shall expire on the
third Monday of January, 1997 and |
22 |
| every 4 years thereafter.
|
23 |
| (b) In order to prevent, detect, and eliminate fraud, |
24 |
| waste, abuse,
mismanagement, and misconduct, the Inspector |
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| General shall oversee the
Department of Healthcare and Family |
2 |
| Services' integrity
functions, which include, but are not |
3 |
| limited to, the following:
|
4 |
| (1) Investigation of misconduct by employees, vendors, |
5 |
| contractors and
medical providers , except for allegations |
6 |
| of violations of the State Officials and Employees Ethics |
7 |
| Act which shall be referred to the Office of the Governor's |
8 |
| Executive Inspector General for investigation .
|
9 |
| (2) Audits of medical providers related to ensuring |
10 |
| that appropriate
payments are made for services rendered |
11 |
| and to the recovery of overpayments.
|
12 |
| (3) Monitoring of quality assurance programs generally |
13 |
| related to the
medical assistance program and specifically |
14 |
| related to any managed care
program.
|
15 |
| (4) Quality control measurements of the programs |
16 |
| administered by the
Department of Healthcare and Family |
17 |
| Services.
|
18 |
| (5) Investigations of fraud or intentional program |
19 |
| violations committed by
clients of the Department of |
20 |
| Healthcare and Family Services.
|
21 |
| (6) Actions initiated against contractors or medical |
22 |
| providers for any of
the following reasons:
|
23 |
| (A) Violations of the medical assistance program.
|
24 |
| (B) Sanctions against providers brought in |
25 |
| conjunction with the
Department of Public Health or the |
26 |
| Department of Human Services (as successor
to the |
|
|
|
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|
1 |
| Department of Mental Health and Developmental |
2 |
| Disabilities).
|
3 |
| (C) Recoveries of assessments against hospitals |
4 |
| and long-term care
facilities.
|
5 |
| (D) Sanctions mandated by the United States |
6 |
| Department of Health and
Human Services against |
7 |
| medical providers.
|
8 |
| (E) Violations of contracts related to any managed |
9 |
| care programs.
|
10 |
| (7) Representation of the Department of Healthcare and |
11 |
| Family Services at
hearings with the Illinois Department of |
12 |
| Professional Regulation in actions
taken against |
13 |
| professional licenses held by persons who are in violation |
14 |
| of
orders for child support payments.
|
15 |
| (b-5) At the request of the Secretary of Human Services, |
16 |
| the Inspector
General shall, in relation to any function |
17 |
| performed by the Department of Human
Services as successor to |
18 |
| the Department of Public Aid, exercise one or more
of the |
19 |
| powers provided under this Section as if those powers related |
20 |
| to the
Department of Human Services; in such matters, the |
21 |
| Inspector General shall
report his or her findings to the |
22 |
| Secretary of Human Services.
|
23 |
| (c) The Inspector General shall have access to all |
24 |
| information, personnel
and facilities of the
Department of |
25 |
| Healthcare and Family Services and the Department of
Human |
26 |
| Services (as successor to the Department of Public Aid), their |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| employees, vendors, contractors and medical providers and any |
2 |
| federal,
State or local governmental agency that are necessary |
3 |
| to perform the duties of
the Office as directly related to |
4 |
| public assistance programs administered by
those departments. |
5 |
| No medical provider shall
be compelled, however, to provide |
6 |
| individual medical records of patients who
are not clients of |
7 |
| the Medical Assistance Program. State and local
governmental |
8 |
| agencies are authorized and directed to provide the requested
|
9 |
| information, assistance or cooperation.
|
10 |
| (d) The Inspector General shall serve as the
Department of |
11 |
| Healthcare and Family Services'
primary liaison with law |
12 |
| enforcement,
investigatory and prosecutorial agencies, |
13 |
| including but not limited to the
following:
|
14 |
| (1) The Department of State Police.
|
15 |
| (2) The Federal Bureau of Investigation and other |
16 |
| federal law enforcement
agencies.
|
17 |
| (3) The various Inspectors General of federal agencies |
18 |
| overseeing the
programs administered by the
Department of |
19 |
| Healthcare and Family Services.
|
20 |
| (4) The various Inspectors General of any other State |
21 |
| agencies with
responsibilities for portions of programs |
22 |
| primarily administered by the
Department of Healthcare and |
23 |
| Family Services.
|
24 |
| (5) The Offices of the several United States Attorneys |
25 |
| in Illinois.
|
26 |
| (6) The several State's Attorneys.
|
|
|
|
09600SB0054ham001 |
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|
|
1 |
| The Inspector General shall meet on a regular basis with |
2 |
| these entities to
share information regarding possible |
3 |
| misconduct by any persons or entities
involved with the public |
4 |
| aid programs administered by the Department
of Healthcare and |
5 |
| Family Services.
|
6 |
| (e) All investigations conducted by the Inspector General |
7 |
| shall be conducted
in a manner that ensures the preservation of |
8 |
| evidence for use in criminal
prosecutions. If the Inspector |
9 |
| General determines that a possible criminal act
relating to |
10 |
| fraud in the provision or administration of the medical |
11 |
| assistance
program has been committed, the Inspector General |
12 |
| shall immediately notify the
Medicaid Fraud Control Unit. If |
13 |
| the Inspector General determines that a
possible criminal act |
14 |
| has been committed within the jurisdiction of the Office,
the |
15 |
| Inspector General may request the special expertise of the |
16 |
| Department of
State Police. The Inspector General may present |
17 |
| for prosecution the findings
of any criminal investigation to |
18 |
| the Office of the Attorney General, the
Offices of the several |
19 |
| United States Attorneys in Illinois or the several
State's |
20 |
| Attorneys.
|
21 |
| (f) To carry out his or her duties as described in this |
22 |
| Section, the
Inspector General and his or her designees shall |
23 |
| have the power to compel
by subpoena the attendance and |
24 |
| testimony of witnesses and the production
of books, electronic |
25 |
| records and papers as directly related to public
assistance |
26 |
| programs administered by the Department of Healthcare and |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Family Services or
the Department of Human Services (as |
2 |
| successor to the Department of Public
Aid). No medical provider |
3 |
| shall be compelled, however, to provide individual
medical |
4 |
| records of patients who are not clients of the Medical |
5 |
| Assistance
Program.
|
6 |
| (g) The Inspector General shall report all convictions, |
7 |
| terminations, and
suspensions taken against vendors, |
8 |
| contractors and medical providers to the
Department of |
9 |
| Healthcare and Family Services and to any agency responsible |
10 |
| for
licensing or regulating those persons or entities.
|
11 |
| (h) The Inspector General shall make annual
reports, |
12 |
| findings, and recommendations regarding the Office's |
13 |
| investigations
into reports of fraud, waste, abuse, |
14 |
| mismanagement, or misconduct relating to
any public aid |
15 |
| programs administered by the Department
of Healthcare and |
16 |
| Family Services or the Department of Human Services (as |
17 |
| successor to the
Department of Public Aid) to the General |
18 |
| Assembly and the Governor. These
reports shall include, but not |
19 |
| be limited to, the following information:
|
20 |
| (1) Aggregate provider billing and payment |
21 |
| information, including the
number of providers at various |
22 |
| Medicaid earning levels.
|
23 |
| (2) The number of audits of the medical assistance
|
24 |
| program and the dollar savings resulting from those audits.
|
25 |
| (3) The number of prescriptions rejected annually |
26 |
| under the
Department of Healthcare and Family Services' |
|
|
|
09600SB0054ham001 |
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|
|
1 |
| Refill Too Soon program and the
dollar savings resulting |
2 |
| from that program.
|
3 |
| (4) Provider sanctions, in the aggregate, including |
4 |
| terminations and
suspensions.
|
5 |
| (5) A detailed summary of the investigations |
6 |
| undertaken in the previous
fiscal year. These summaries |
7 |
| shall comply with all laws and rules regarding
maintaining |
8 |
| confidentiality in the public aid programs.
|
9 |
| (i) Nothing in this Section shall limit investigations by |
10 |
| the
Department of Healthcare and Family Services or the |
11 |
| Department of Human Services that may
otherwise be required by |
12 |
| law or that may be necessary in their capacity as the
central |
13 |
| administrative authorities responsible for administration of |
14 |
| public aid
programs in this
State.
|
15 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
16 |
| Section 85. The Whistleblower Act is amended by changing |
17 |
| Section 20 and by adding Sections 20.1 and 20.2 as follows:
|
18 |
| (740 ILCS 174/20)
|
19 |
| Sec. 20. Retaliation for certain refusals prohibited. An |
20 |
| employer
may not retaliate against an employee for refusing to |
21 |
| participate in an
activity that would result in a violation of |
22 |
| a State or federal law,
rule, or
regulation , including, but not |
23 |
| limited to, violations of the Freedom of Information Act .
|
24 |
| (Source: P.A. 93-544, eff. 1-1-04.)
|
|
|
|
09600SB0054ham001 |
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LRB096 04477 JAM 27218 a |
|
|
1 |
| (740 ILCS 174/20.1 new) |
2 |
| Sec. 20.1. Other retaliation. Any other act or omission not |
3 |
| otherwise specifically set forth in this Act, whether within or |
4 |
| without the workplace, also constitutes retaliation by an |
5 |
| employer under this Act if the act or omission would be |
6 |
| materially adverse to a reasonable employee and is because of |
7 |
| the employee disclosing or attempting to disclose public |
8 |
| corruption or wrongdoing. |
9 |
| (740 ILCS 174/20.2 new) |
10 |
| Sec. 20.2. Threatening retaliation. An employer may not |
11 |
| threaten any employee with any act or omission if that act or |
12 |
| omission would constitute retaliation against the employee |
13 |
| under this Act.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law, except that Section 20 and Section 65 take effect |
16 |
| January 1, 2010
.".
|