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                                     LRB093 03131 BDD 17228 a

 1                    AMENDMENT TO SENATE BILL 706

 2        AMENDMENT NO.     .  Amend Senate Bill 706  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Secretary  of State Act is amended by
 5    adding Section 14 as follows:

 6        (15 ILCS 305/14 new)
 7        Sec. 14.  Inspector General.
 8        (a)  The Secretary of State must,  with  the  advice  and
 9    consent  of  the Senate, appoint an Inspector General for the
10    purpose of detection, deterrence, and  prevention  of  fraud,
11    corruption, mismanagement, gross or aggravated misconduct, or
12    misconduct  that  may  be criminal in nature in the Office of
13    the Secretary of State. The Inspector General shall  serve  a
14    5-year term.  If no successor is appointed and qualified upon
15    the expiration of the Inspector General's term, the Office of
16    Inspector  General is deemed vacant and the powers and duties
17    under this Section may be exercised only by an appointed  and
18    qualified   interim   Inspector  General  until  a  successor
19    Inspector General is appointed and qualified.  If the General
20    Assembly is not in session when a vacancy in  the  Office  of
21    Inspector  General occurs, the Secretary of State may appoint
22    an interim Inspector General whose term shall expire 2  weeks
 
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 1    after the next regularly scheduled session day of the Senate.
 2        (b)  The  Inspector  General  shall  have  the  following
 3    qualifications:
 4             (1)  has not been convicted  of any felony under the
 5        laws of this State, another State, or the United States;
 6             (2)  has  earned  a  baccalaureate  degree  from  an
 7        institution of higher education; and
 8             (3)  has  either (A) 5 or more years of service with
 9        a federal, State, or local  law  enforcement  agency,  at
10        least  2  years  of  which  have  been  in  a progressive
11        investigatory capacity; (B) 5 or more years of service as
12        a federal, State, or local prosecutor; or (C) 5  or  more
13        years  of  service  as a senior manager or executive of a
14        federal, State, or local agency.
15        (c)  The Inspector General may  review,  coordinate,  and
16    recommend methods and procedures to increase the integrity of
17    the  Office  of  the  Secretary  of State.  The duties of the
18    Inspector General  shall  supplement  and  not  supplant  the
19    duties  of  the  Chief  Auditor  for the Secretary of State's
20    Office or any other Inspector General that may be  authorized
21    by  law.    The Inspector General must report directly to the
22    Secretary of State.
23        (d)  In addition to the authority otherwise  provided  by
24    this  Section,  but only when investigating the Office of the
25    Secretary of State,  its  employees,  or  their  actions  for
26    fraud,   corruption,   mismanagement,   gross  or  aggravated
27    misconduct, or misconduct that may be criminal in nature, the
28    Inspector General is authorized:
29             (1)  To have access to all records, reports, audits,
30        reviews, documents,  papers,  recommendations,  or  other
31        materials   available   that   relate   to  programs  and
32        operations with respect to which  the  Inspector  General
33        has responsibilities under this Section.
34             (2)  To make any investigations and reports relating
 
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 1        to  the  administration of the programs and operations of
 2        the Office of the Secretary of State  that  are,  in  the
 3        judgement   of   the   Inspector  General,  necessary  or
 4        desirable.
 5             (3)  To request any information or  assistance  that
 6        may   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             (4)  To  require  by  subpoena  the  appearance   of
10        witnesses   and   the   production  of  all  information,
11        documents, reports, answers, records,  accounts,  papers,
12        and  other data and documentary evidence necessary in the
13        performance of the functions assigned  by  this  Section,
14        with  the  exception  of  subsection  (c)  and  with  the
15        exception  of  records of a labor organization authorized
16        and recognized under the Illinois Public Labor  Relations
17        Act  to  be  the  exclusive  bargaining representative of
18        employees of the Secretary of State, including,  but  not
19        limited  to,  records  of representation of employees and
20        the negotiation of collective  bargaining  agreements.  A
21        subpoena  may be  issued under this paragraph (4) only by
22        the Inspector General and not by members of the Inspector
23        General's staff. A person duly subpoenaed for  testimony,
24        documents,  or  other  items  who  neglects or refuses to
25        testify or produce documents or  other  items  under  the
26        requirements   of   the  subpoena  shall  be  subject  to
27        punishment as may be determined by a court  of  competent
28        jurisdiction,  unless  (i)  the  testimony, documents, or
29        other items are covered by the attorney-client  privilege
30        or any other privilege or right recognized by law or (ii)
31        the  testimony,  documents,  or  other  items concern the
32        representation  of  employees  and  the  negotiation   of
33        collective  bargaining agreements by a labor organization
34        authorized and recognized under the Illinois Public Labor
 
                            -4-      LRB093 03131 BDD 17228 a
 1        Relations   Act   to   be   the   exclusive    bargaining
 2        representative  of  employees  of the Secretary of State.
 3        Nothing in  this  Section  limits  a  person's  right  to
 4        protection  against  self-incrimination  under  the Fifth
 5        Amendment of the United States Constitution or Article I,
 6        Section 10, of the Constitution of the State of Illinois.
 7             (5)  To  have  direct  and  prompt  access  to   the
 8        Secretary  of  State  for  any  purpose pertaining to the
 9        performance of functions and responsibilities under  this
10        Section.
11        (e)  The  Inspector  General  may receive and investigate
12    complaints or information from an employee of  the  Secretary
13    of  State  concerning  the  possible existence of an activity
14    constituting a  violation  of  law,  rules,  or  regulations;
15    mismanagement;   abuse   of  authority;  or  substantial  and
16    specific  danger  to  the  public  health  and  safety.   Any
17    employee who knowingly files a false  complaint  or  files  a
18    complaint  with  reckless  disregard  for  the  truth  or the
19    falsity of the facts underlying the complaint may be  subject
20    to  discipline as set forth in the rules of the Department of
21    Personnel of the Secretary of State.
22        The  Inspector  General  may  not,  after  receipt  of  a
23    complaint or  information  from  an  employee,  disclose  the
24    identity of the employee without the consent of the employee,
25    unless  the  Inspector  General determines that disclosure of
26    the identity is reasonable and necessary for the  furtherance
27    of the investigation.
28        Any  employee  who  has  the  authority  to  recommend or
29    approve any personnel action or to direct others to recommend
30    or approve any personnel action may not, with respect to that
31    authority, take or threaten to take any  action  against  any
32    employee  as  a reprisal for making a complaint or disclosing
33    information to the Inspector General,  unless  the  complaint
34    was made or the information disclosed with the knowledge that
 
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 1    it  was  false  or  with  willful  disregard for its truth or
 2    falsity.
 3        (f)  The  Inspector  General   must   adopt   rules,   in
 4    accordance with the provisions of the Illinois Administrative
 5    Procedure   Act,   establishing   minimum   requirements  for
 6    initiating, conducting, and completing  investigations.   The
 7    rules must establish criteria for determining, based upon the
 8    nature   of   the   allegation,  the  appropriate  method  of
 9    investigation, which may include, but is not limited to, site
10    visits, telephone contacts, personal interviews, or  requests
11    for  written  responses.  The rules must also clarify how the
12    Office of the Inspector General  shall  interact  with  other
13    local, State, and federal law enforcement investigations.
14        Any  employee  of  the  Secretary  of  State  subject  to
15    investigation  or  inquiry  by  the  Inspector General or any
16    agent or representative of the Inspector  General  concerning
17    misconduct that is criminal in nature shall have the right to
18    be  notified  of  the  right  to  remain  silent  during  the
19    investigation  or  inquiry and the right to be represented in
20    the  investigation  or  inquiry   by   an   attorney   or   a
21    representative  of a labor organization that is the exclusive
22    collective bargaining  representative  of  employees  of  the
23    Secretary  of  State.  Any  investigation  or  inquiry by the
24    Inspector General or  any  agent  or  representative  of  the
25    Inspector  General must be conducted with an awareness of the
26    provisions of a collective bargaining agreement that  applies
27    to  the  employees  of  the  Secretary  of  State and with an
28    awareness of the rights of the  employees  as  set  forth  in
29    State  and federal law and applicable judicial decisions. Any
30    recommendations for discipline or any  action  taken  against
31    any  employee  by the Inspector General or any representative
32    or agent of  the  Inspector  General  must  comply  with  the
33    provisions   of  the  collective  bargaining  agreement  that
34    applies to the employee.
 
                            -6-      LRB093 03131 BDD 17228 a
 1        (g)  On or before January 1 of each year,  the  Inspector
 2    General  shall  report  to  the  President of the Senate, the
 3    Minority Leader of the Senate, the Speaker of  the  House  of
 4    Representatives,  and  the  Minority  Leader  of the House of
 5    Representatives  on  the  types  of  investigations  and  the
 6    activities undertaken by the Office of the Inspector  General
 7    during the previous calendar year.

 8        Section 10.  The Secretary of State Merit Employment Code
 9    is amended by changing Section 16 as follows:

10        (15 ILCS 310/16) (from Ch. 124, par. 116)
11        Sec.  16. Status of present employees.  Employees holding
12    positions in the Office of  the  Secretary  of  State  herein
13    shall continue under the following conditions:
14        (1)  Employees  who  have been appointed as the result of
15    having passed examinations in accordance with the  provisions
16    of  the  "Personnel Code", and who have satisfactorily passed
17    the  probationary  period  or  who  have  been  promoted   in
18    accordance  with  the  rules  thereunder,  shall be continued
19    without further examination, but shall be  otherwise  subject
20    to provisions of this Act and the rules made pursuant to it.
21        (2)  Employees  who  have been appointed as the result of
22    having passed examinations pursuant to the provisions of  the
23    "Personnel  Code"  but  have not completed their probationary
24    period on the effective date of this Act shall  be  continued
25    without further examination but shall be otherwise subject to
26    provisions  of  this  Act  and the rules made pursuant to it.
27    Time served on probation prior to the effective date of  this
28    Act  shall  count  as  time served on the probationary period
29    provided by this Act.
30        (2.5)  Persons who, immediately before the effective date
31    of this amendatory Act of the  93rd  General  Assembly,  were
32    employees  with  investigatory  functions  of  the  Inspector
 
                            -7-      LRB093 03131 BDD 17228 a
 1    General  within  the Office of the Secretary of State and who
 2    are subject to the Secretary of State Merit  Employment  Code
 3    shall be appointed to the position of inspector, as described
 4    in  Section  14  of  the Secretary of State Act, if they: (i)
 5    meet  the  requirements  described  in  Section  14  of   the
 6    Secretary of State Act; (ii) pass a qualifying examination as
 7    prescribed by the Director of Personnel within 6 months after
 8    the effective date of this amendatory Act of the 93rd General
 9    Assembly;  and (iii) satisfactorily complete their respective
10    probationary  periods.   The   qualifying   examination   for
11    inspectors  shall  be  similar to those required for entrance
12    examinations for comparable positions in the  Office  of  the
13    Secretary  of  State.  Inspectors  shall be appointed without
14    regard  to  eligible  lists.  Nothing  in   this   subsection
15    precludes   the   Office  of  the  Secretary  of  State  from
16    reclassifying or reallocating employees who  would  otherwise
17    qualify as inspectors.
18        (3)  All  other  such employees subject to the provisions
19    of this Act shall be continued in their respective  positions
20    if  they  pass  a  qualifying  examination  prescribed by the
21    Director within 9 months from the effective date of this Act,
22    and satisfactorily  complete  their  respective  probationary
23    periods.    Such  qualifying examinations shall be similar to
24    those  required  for  entrance  examinations  for  comparable
25    positions  in  the  Office  of  the   Secretary   of   State.
26    Appointments  of  such  employees  shall be without regard to
27    eligible    lists.     Nothing    herein    precludes     the
28    reclassification  or  reallocation as provided by this Act of
29    any position held by such incumbent.
30        (4)  Nothing in this Act shall be construed to prejudice,
31    reduce,  extinguish  or  affect  the  rights  or   privileges
32    determined through judicial process to have been conferred on
33    any  present  or  past  employee under the Illinois Personnel
34    Code.  In the event that any court of competent  jurisdiction
 
                            -8-      LRB093 03131 BDD 17228 a
 1    shall  determine  that  present  or  past  employees  of  the
 2    Secretary  of State have any rights arising from the Illinois
 3    Personnel Code, those rights shall be recognized  under  this
 4    Act.
 5        (5)  Any  person  who,  as  a  result of any court order,
 6    court approved stipulation or settlement, has any  employment
 7    or  re-employment  rights prior to the effective date of this
 8    Act shall continue to have such rights  after  the  effective
 9    date of this Act.
10    (Source: P.A. 80-13.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.".