Rep. Lou Lang

Filed: 5/22/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 221

2    AMENDMENT NO. ______. Amend Senate Bill 221 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 25-10 as follows:
 
6    (5 ILCS 430/25-10)
7    Sec. 25-10. Office of Legislative Inspector General.
8    (a) The independent Office of the Legislative Inspector
9General is created. The Office shall be under the direction and
10supervision of the Legislative Inspector General and shall be a
11fully independent office with its own appropriation.
12    (b) The Legislative Inspector General shall be appointed
13without regard to political affiliation and solely on the basis
14of integrity and demonstrated ability. The Legislative Ethics
15Commission shall diligently search out qualified candidates
16for Legislative Inspector General and shall make

 

 

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1recommendations to the General Assembly.
2    The Legislative Inspector General shall be appointed by a
3joint resolution of the Senate and the House of
4Representatives, which may specify the date on which the
5appointment takes effect. A joint resolution, or other document
6as may be specified by the Joint Rules of the General Assembly,
7appointing the Legislative Inspector General must be certified
8by the Speaker of the House of Representatives and the
9President of the Senate as having been adopted by the
10affirmative vote of three-fifths of the members elected to each
11house, respectively, and be filed with the Secretary of State.
12The appointment of the Legislative Inspector General takes
13effect on the day the appointment is completed by the General
14Assembly, unless the appointment specifies a later date on
15which it is to become effective.
16    The Legislative Inspector General shall have the following
17qualifications:
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

 

 

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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 Legislative Inspector General may not be a relative of
5a commissioner.
6    The term of the initial Legislative Inspector General shall
7commence upon qualification and shall run through June 30,
82008.
9    After the initial term, the Legislative Inspector General
10shall serve for 5-year terms commencing on July 1 of the year
11of appointment and running through June 30 of the fifth
12following year. The Legislative Inspector General may be
13reappointed to one or more subsequent terms.
14    A vacancy occurring other than at the end of a term shall
15be filled in the same manner as an appointment only for the
16balance of the term of the Legislative Inspector General whose
17office is vacant. If the Office is vacant, or if a Legislative
18Inspector General resigns, the Commission shall designate an
19Acting Legislative Inspector General who shall serve until the
20vacancy is filled. The Commission shall file the designation in
21writing with the Secretary of State.
22    Terms shall run regardless of whether the position is
23filled.
24    (c) The Legislative Inspector General shall have
25jurisdiction over the members of the General Assembly and all
26State employees whose ultimate jurisdictional authority is (i)

 

 

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1a legislative leader, (ii) the Senate Operations Commission, or
2(iii) the Joint Committee on Legislative Support Services.
3    The jurisdiction of each Legislative Inspector General is
4to investigate allegations of fraud, waste, abuse,
5mismanagement, misconduct, nonfeasance, misfeasance,
6malfeasance, or violations of this Act or violations of other
7related laws and rules.
8    (d) The compensation of the Legislative Inspector General
9shall be the greater of an amount (i) determined by the
10Commission or (ii) by joint resolution of the General Assembly
11passed by a majority of members elected in each chamber.
12Subject to Section 25-45 of this Act, the Legislative Inspector
13General has full authority to organize the Office of the
14Legislative Inspector General, including the employment and
15determination of the compensation of staff, such as deputies,
16assistants, and other employees, as appropriations permit.
17Employment of staff is subject to the approval of at least 3 of
18the 4 legislative leaders.
19    (e) No Legislative Inspector General or employee of the
20Office of the Legislative Inspector General may, during his or
21her term of appointment or employment:
22        (1) become a candidate for any elective office;
23        (2) hold any other elected or appointed public office
24    except for appointments on governmental advisory boards or
25    study commissions or as otherwise expressly authorized by
26    law;

 

 

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1        (3) be actively involved in the affairs of any
2    political party or political organization; or
3        (4) actively participate in any campaign for any
4    elective office.
5    In this subsection an appointed public office means a
6position authorized by law that is filled by an appointing
7authority as provided by law and does not include employment by
8hiring in the ordinary course of business.
9    (e-1) No Legislative Inspector General or employee of the
10Office of the Legislative Inspector General may, for one year
11after the termination of his or her appointment or employment:
12        (1) become a candidate for any elective office;
13        (2) hold any elected public office; or
14        (3) hold any appointed State, county, or local judicial
15    office.
16    (e-2) The requirements of item (3) of subsection (e-1) may
17be waived by the Legislative Ethics Commission.
18    (f) The Commission may remove the Legislative Inspector
19General only for cause. At the time of the removal, the
20Commission must report to the General Assembly the
21justification for the removal.
22(Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".