Sen. Melinda Bush

Filed: 4/5/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3296

2    AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 50-5 as follows:
 
6    (5 ILCS 430/50-5)
7    Sec. 50-5. Penalties.
8    (a) A person is guilty of a Class A misdemeanor if that
9person intentionally violates any provision of Section 5-15,
105-30, 5-40, or 5-45 or Article 15.
11    (a-1) An ethics commission may levy an administrative fine
12for a violation of Section 5-45 of this Act of up to 3 times the
13total annual compensation that would have been obtained in
14violation of Section 5-45.
15    (b) A person who intentionally violates any provision of
16Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business

 

 

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1offense subject to a fine of at least $1,001 and up to $5,000.
2    (c) A person who intentionally violates any provision of
3Article 10 is guilty of a business offense and subject to a
4fine of at least $1,001 and up to $5,000.
5    (d) Any person who intentionally makes a false report
6alleging a violation of any provision of this Act to an ethics
7commission, an inspector general, the State Police, a State's
8Attorney, the Attorney General, or any other law enforcement
9official is guilty of a Class A misdemeanor.
10    (e) An ethics commission may levy an administrative fine of
11up to $5,000 against any person who violates this Act, who
12intentionally obstructs or interferes with an investigation
13conducted under this Act by an inspector general, or who
14intentionally makes a false, frivolous, or bad faith
15allegation.
16    (f) In addition to any other penalty that may apply,
17whether criminal or civil, a State employee who intentionally
18violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
195-45, or 5-50, Article 10, Article 15, or Section 20-90 or
2025-90 is subject to discipline or discharge by the appropriate
21ultimate jurisdictional authority.
22    (g) Any person who violates Section 5-65 is subject to a
23fine of up to $5,000 per offense, and is subject to discipline
24or discharge by the appropriate ultimate jurisdictional
25authority. Each violation of Section 5-65 is a separate
26offense. Any penalty imposed by an ethics commission shall be

 

 

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1separate and distinct from any fines or penalties imposed by a
2court of law or a State or federal agency.
3    (h) Any natural person or lobbying entity who intentionally
4violates Section 4.7, or paragraph (d) of Section 5, or
5subsection (a-5) of Section 11 of the Lobbyist Registration Act
6is guilty of a business offense and shall be subject to a fine
7of up to $5,000. The Executive Ethics Commission, after the
8adjudication of a violation of Section 4.7 of the Lobbyist
9Registration Act for which an investigation was initiated by
10the Inspector General appointed by the Secretary of State under
11Section 14 of the Secretary of State Act, is authorized to
12strike or suspend the registration under the Lobbyist
13Registration Act of any person or lobbying entity for which
14that person is employed for a period of 3 years. In addition to
15any other fine or penalty which may be imposed, the Executive
16Ethics Commission may also levy an administrative fine of up to
17$5,000 for a violation specified under this subsection (h). Any
18penalty imposed by an ethics commission shall be separate and
19distinct from any fines or penalties imposed by a court of law
20or by the Secretary of State under the Lobbyist Registration
21Act.
22(Source: P.A. 100-554, eff. 11-16-17.)
 
23    Section 10. The Secretary of State Act is amended by
24changing Section 14 as follows:
 

 

 

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1    (15 ILCS 305/14)
2    Sec. 14. Inspector General.
3    (a) The Secretary of State must, with the advice and
4consent of the Senate, appoint an Inspector General for the
5purpose of detection, deterrence, and prevention of fraud,
6corruption, mismanagement, gross or aggravated misconduct, or
7misconduct that may be criminal in nature in the Office of the
8Secretary of State. The Inspector General shall serve a 5-year
9term. If no successor is appointed and qualified upon the
10expiration of the Inspector General's term, the Office of
11Inspector General is deemed vacant and the powers and duties
12under this Section may be exercised only by an appointed and
13qualified interim Inspector General until a successor
14Inspector General is appointed and qualified. If the General
15Assembly is not in session when a vacancy in the Office of
16Inspector General occurs, the Secretary of State may appoint an
17interim Inspector General whose term shall expire 2 weeks after
18the next regularly scheduled session day of the Senate.
19    (b) The Inspector General shall have the following
20qualifications:
21        (1) has not been convicted of any felony under the laws
22    of this State, another State, or the United States;
23        (2) has earned a baccalaureate degree from an
24    institution of higher education; and
25        (3) has either (A) 5 or more years of service with a
26    federal, State, or local law enforcement agency, at least 2

 

 

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1    years of which have been in a progressive investigatory
2    capacity; (B) 5 or more years of service as a federal,
3    State, or local prosecutor; or (C) 5 or more years of
4    service as a senior manager or executive of a federal,
5    State, or local agency.
6    (c) The Inspector General may review, coordinate, and
7recommend methods and procedures to increase the integrity of
8the Office of the Secretary of State. The duties of the
9Inspector General shall supplement and not supplant the duties
10of the Chief Auditor for the Secretary of State's Office or any
11other Inspector General that may be authorized by law. The
12Inspector General must report directly to the Secretary of
13State.
14    (d) In addition to the authority otherwise provided by this
15Section, but only when investigating the Office of the
16Secretary of State, its employees, or their actions for fraud,
17corruption, mismanagement, gross or aggravated misconduct, or
18misconduct that may be criminal in nature, the Inspector
19General is authorized:
20        (1) To have access to all records, reports, audits,
21    reviews, documents, papers, recommendations, or other
22    materials available that relate to programs and operations
23    with respect to which the Inspector General has
24    responsibilities under this Section.
25        (2) To make any investigations and reports relating to
26    the administration of the programs and operations of the

 

 

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1    Office of the Secretary of State that are, in the judgment
2    of the Inspector General, necessary or desirable.
3        (3) To request any information or assistance that may
4    be necessary for carrying out the duties and
5    responsibilities provided by this Section from any local,
6    State, or federal governmental agency or unit thereof.
7        (4) To require by subpoena the appearance of witnesses
8    and the production of all information, documents, reports,
9    answers, records, accounts, papers, and other data and
10    documentary evidence necessary in the performance of the
11    functions assigned by this Section, with the exception of
12    subsection (c) and with the exception of records of a labor
13    organization authorized and recognized under the Illinois
14    Public Labor Relations Act to be the exclusive bargaining
15    representative of employees of the Secretary of State,
16    including, but not limited to, records of representation of
17    employees and the negotiation of collective bargaining
18    agreements. A subpoena may be issued under this paragraph
19    (4) only by the Inspector General and not by members of the
20    Inspector General's staff. A person duly subpoenaed for
21    testimony, documents, or other items who neglects or
22    refuses to testify or produce documents or other items
23    under the requirements of the subpoena shall be subject to
24    punishment as may be determined by a court of competent
25    jurisdiction, unless (i) the testimony, documents, or
26    other items are covered by the attorney-client privilege or

 

 

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1    any other privilege or right recognized by law or (ii) the
2    testimony, documents, or other items concern the
3    representation of employees and the negotiation of
4    collective bargaining agreements by a labor organization
5    authorized and recognized under the Illinois Public Labor
6    Relations Act to be the exclusive bargaining
7    representative of employees of the Secretary of State.
8    Nothing in this Section limits a person's right to
9    protection against self-incrimination under the Fifth
10    Amendment of the United States Constitution or Article I,
11    Section 10, of the Constitution of the State of Illinois.
12        (5) To have direct and prompt access to the Secretary
13    of State for any purpose pertaining to the performance of
14    functions and responsibilities under this Section.
15    (d-5) In addition to the authority otherwise provided by
16this Section, the Secretary of State Inspector General shall
17have jurisdiction to investigate complaints and allegations of
18wrongdoing by any person or entity related to the Lobbyist
19Registration Act. When investigating those complaints and
20allegations, the Inspector General is authorized:
21        (1) To have access to all records, reports, audits,
22    reviews, documents, papers, recommendations, or other
23    materials available that relate to programs and operations
24    with respect to which the Inspector General has
25    responsibilities under this Section.
26        (2) To request any information or assistance that may

 

 

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1    be necessary for carrying out the duties and
2    responsibilities provided by this Section from any local,
3    State, or federal governmental agency or unit thereof.
4        (3) To require by subpoena the appearance of witnesses
5    and the production of all information, documents, reports,
6    answers, records, accounts, papers, and other data and
7    documentary evidence necessary in the performance of the
8    functions assigned by this Section. A subpoena may be
9    issued under this paragraph (3) only by the Inspector
10    General and not by members of the Inspector General's
11    staff. A person duly subpoenaed for testimony, documents,
12    or other items who neglects or refuses to testify or
13    produce documents or other items under the requirements of
14    the subpoena shall be subject to punishment as may be
15    determined by a court of competent jurisdiction, unless the
16    testimony, documents, or other items are covered by the
17    attorney-client privilege or any other privilege or right
18    recognized by law. Nothing in this Section limits a
19    person's right to protection against self-incrimination
20    under the Fifth Amendment of the United States Constitution
21    or Section 10 of Article I of the Constitution of the State
22    of Illinois.
23        (4) To have direct and prompt access to the Secretary
24    of State for any purpose pertaining to the performance of
25    functions and responsibilities under this Section.
26        (5) As provided in subsection (d) of Section 5 of the

 

 

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1    Lobbyist Registration Act, to review allegations that an
2    individual required to be registered under the Lobbyist
3    Registration Act has engaged in one or more acts of sexual
4    harassment. Upon completion of that review, the Inspector
5    General shall submit a summary of the review to the
6    Executive Ethics Commission. The Inspector General is
7    authorized to file pleadings with the Executive Ethics
8    Commission, through the Attorney General, if the Attorney
9    General finds that reasonable cause exists to believe that
10    a violation regarding acts of sexual harassment has
11    occurred. The Secretary shall adopt rules setting forth the
12    procedures for the review of such allegations.
13    (e) The Inspector General may receive and investigate
14complaints or information concerning the possible existence of
15an activity constituting a violation of law, rules, or
16regulations; mismanagement; abuse of authority; or substantial
17and specific danger to the public health and safety. Any person
18who knowingly files a false complaint or files a complaint with
19reckless disregard for the truth or the falsity of the facts
20underlying the complaint may be subject to discipline as set
21forth in the rules of the Department of Personnel of the
22Secretary of State or the Inspector General may refer the
23matter to a State's Attorney or the Attorney General.
24    The Inspector General may not, after receipt of a complaint
25or information, disclose the identity of the source without the
26consent of the source, unless the Inspector General determines

 

 

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1that disclosure of the identity is reasonable and necessary for
2the furtherance of the investigation.
3    Any employee who has the authority to recommend or approve
4any personnel action or to direct others to recommend or
5approve any personnel action may not, with respect to that
6authority, take or threaten to take any action against any
7employee as a reprisal for making a complaint or disclosing
8information to the Inspector General, unless the complaint was
9made or the information disclosed with the knowledge that it
10was false or with willful disregard for its truth or falsity.
11    (f) The Inspector General must adopt rules, in accordance
12with the provisions of the Illinois Administrative Procedure
13Act, establishing minimum requirements for initiating,
14conducting, and completing investigations. The rules must
15establish criteria for determining, based upon the nature of
16the allegation, the appropriate method of investigation, which
17may include, but is not limited to, site visits, telephone
18contacts, personal interviews, or requests for written
19responses. The rules must also clarify how the Office of the
20Inspector General shall interact with other local, State, and
21federal law enforcement investigations.
22    Any employee of the Secretary of State subject to
23investigation or inquiry by the Inspector General or any agent
24or representative of the Inspector General concerning
25misconduct that is criminal in nature shall have the right to
26be notified of the right to remain silent during the

 

 

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1investigation or inquiry and the right to be represented in the
2investigation or inquiry by an attorney or a representative of
3a labor organization that is the exclusive collective
4bargaining representative of employees of the Secretary of
5State. Any investigation or inquiry by the Inspector General or
6any agent or representative of the Inspector General must be
7conducted with an awareness of the provisions of a collective
8bargaining agreement that applies to the employees of the
9Secretary of State and with an awareness of the rights of the
10employees as set forth in State and federal law and applicable
11judicial decisions. Any recommendations for discipline or any
12action taken against any employee by the Inspector General or
13any representative or agent of the Inspector General must
14comply with the provisions of the collective bargaining
15agreement that applies to the employee.
16    (g) On or before January 1 of each year, the Inspector
17General shall report to the President of the Senate, the
18Minority Leader of the Senate, the Speaker of the House of
19Representatives, and the Minority Leader of the House of
20Representatives on the types of investigations and the
21activities undertaken by the Office of the Inspector General
22during the previous calendar year.
23(Source: P.A. 100-554, eff. 11-16-17.)
 
24    Section 15. The Lobbyist Registration Act is amended by
25changing Section 11 as follows:
 

 

 

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1    (25 ILCS 170/11)  (from Ch. 63, par. 181)
2    Sec. 11. Enforcement.
3    (a) The Secretary of State Inspector General appointed
4under Section 14 of the Secretary of State Act shall initiate
5investigations of violations of this Act upon receipt of
6credible evidence of a violation. If, upon conclusion of an
7investigation, the Inspector General reasonably believes a
8violation of this Act has occurred, the Inspector General shall
9provide the alleged violator with written notification of the
10alleged violation. Within 30 calendar days after receipt of the
11notification, the alleged violator shall submit a written
12response to the Inspector General. The response shall indicate
13whether the alleged violator (i) disputes the alleged
14violation, including any facts that reasonably prove the
15alleged violation did not violate the Act, or (ii) agrees to
16take action to correct the alleged violation within 30 calendar
17days, including a description of the action the alleged
18violator has taken or will take to correct the alleged
19violation. If the alleged violator disputes the alleged
20violation or fails to respond to the notification of the
21alleged violation, the Inspector General shall transmit the
22evidence to the appropriate State's Attorney or Attorney
23General. If the alleged violator agrees to take action to
24correct the alleged violation, the Inspector General shall make
25available to the public the notification from the Inspector

 

 

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1General and the response from the alleged violator and shall
2not transmit the evidence to the appropriate State's Attorney
3or Attorney General. Nothing in this Act requires the Inspector
4General to notify an alleged violator of an ongoing
5investigation or to notify the alleged violator of a referral
6of any evidence to a law enforcement agency, a State's
7Attorney, or the Attorney General pursuant to subsection (c).
8    (a-5) Failure to cooperate in an investigation initiated by
9the Secretary of State Inspector General appointed under
10Section 14 of the Secretary of State Act is a separate and
11punishable offense for which the Secretary of State Inspector
12General, through the Attorney General, shall file pleadings
13with the Executive Ethics Commission, which has the discretion
14to strike or suspend the registration of any person, or
15lobbying entity for which that person is employed, registered
16under this Act.
17    (b) Any violation of this Act may be prosecuted in the
18county where the offense is committed or in Sangamon County. In
19addition to the State's Attorney of the appropriate county, the
20Attorney General of Illinois also is authorized to prosecute
21any violation of this Act.
22    (c) Notwithstanding any other provision of this Act, the
23Inspector General may at any time refer evidence of a violation
24of State or federal law, in addition to a violation of this
25Act, to the appropriate law enforcement agency, State's
26Attorney, or Attorney General.

 

 

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1(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".