Full Text of SB3296 100th General Assembly
SB3296sam001 100TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 3/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 3296
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended 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 | 9 | | person intentionally
violates any provision of Section 5-15, | 10 | | 5-30, 5-40, or 5-45 or Article 15.
| 11 | | (a-1) An ethics commission may levy an administrative fine | 12 | | for a violation of Section 5-45 of this Act of up to 3 times the | 13 | | total annual compensation that would have been obtained in | 14 | | violation of Section 5-45. | 15 | | (b) A person who intentionally violates any provision
of | 16 | | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business |
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| 1 | | offense
subject to a fine of at least $1,001 and up to $5,000.
| 2 | | (c) A person who intentionally violates any provision of | 3 | | Article 10 is
guilty of a business
offense and subject to a | 4 | | fine of at least $1,001 and up to $5,000.
| 5 | | (d) Any person who intentionally makes a
false report | 6 | | alleging a violation of any provision of this Act to an ethics
| 7 | | commission,
an inspector general,
the State Police, a State's | 8 | | Attorney, the Attorney General, or any other law
enforcement | 9 | | official is guilty of a Class A misdemeanor.
| 10 | | (e) An ethics commission may levy an administrative fine of | 11 | | up to $5,000
against any person
who violates this Act, who | 12 | | intentionally obstructs or interferes with an
investigation
| 13 | | conducted under this Act by an inspector general, or who
| 14 | | intentionally makes a false, frivolous, or bad faith | 15 | | allegation.
| 16 | | (f) In addition to any other penalty that may apply, | 17 | | whether criminal or
civil, a State employee who intentionally | 18 | | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | 19 | | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | 20 | | 25-90 is subject to discipline or discharge by
the
appropriate | 21 | | ultimate
jurisdictional authority.
| 22 | | (g) Any person who violates Section 5-65 is subject to a | 23 | | fine of up to $5,000 per offense, and is subject to discipline | 24 | | or discharge by the appropriate ultimate jurisdictional | 25 | | authority. Each violation of Section 5-65 is a separate | 26 | | offense. Any penalty imposed by an ethics commission shall be |
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| 1 | | separate and distinct from any fines or penalties imposed by a | 2 | | court of law or a State or federal agency.
| 3 | | (h) Any person who violates Section 4.7 or paragraph (d) of | 4 | | Section 5 of the Lobbyist Registration Act is guilty of a | 5 | | business offense and shall be subject to a fine of up to | 6 | | $5,000. The Executive Ethics Commission, after the | 7 | | adjudication of a violation of Section 4.7 of the Lobbyist | 8 | | Registration Act for which an investigation was initiated by | 9 | | the Inspector General appointed by the Secretary of State under | 10 | | Section 14 of the Secretary of State Act, is authorized to | 11 | | temporarily suspend or terminate any person, or lobbying entity | 12 | | for which that person is employed, registered under the | 13 | | Lobbyist Registration Act. Any penalty imposed by an ethics | 14 | | commission shall be separate and distinct from any fines or | 15 | | penalties imposed by a court of law or by the Secretary of | 16 | | State under the Lobbyist Registration Act. | 17 | | (Source: P.A. 100-554, eff. 11-16-17.) | 18 | | Section 10. The Secretary of State Act is amended by | 19 | | changing Section 14 as follows: | 20 | | (15 ILCS 305/14) | 21 | | Sec. 14. Inspector General. | 22 | | (a) The Secretary of State must, with the advice and | 23 | | consent of the Senate,
appoint an Inspector General for the | 24 | | purpose of detection, deterrence, and
prevention of fraud,
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| 1 | | corruption, mismanagement, gross or aggravated misconduct, or | 2 | | misconduct
that may be criminal in nature in the Office of the | 3 | | Secretary of State. The
Inspector General shall serve a 5-year | 4 | | term.
If no successor is appointed and qualified upon the
| 5 | | expiration of the Inspector General's term, the Office of | 6 | | Inspector General is
deemed vacant and the powers and duties | 7 | | under this Section may be exercised
only by an appointed and | 8 | | qualified interim Inspector General until a successor
| 9 | | Inspector General is appointed and qualified.
If the General | 10 | | Assembly is not in session when a vacancy in the Office of
| 11 | | Inspector General occurs, the Secretary of State may appoint an | 12 | | interim
Inspector General whose term shall expire 2 weeks after | 13 | | the next
regularly scheduled session day of the Senate. | 14 | | (b) The Inspector General shall have the following | 15 | | qualifications: | 16 | | (1) has not been convicted of any felony under the laws | 17 | | of this State,
another State, or the United States; | 18 | | (2) has earned a baccalaureate degree from an | 19 | | institution of higher
education; and | 20 | | (3) has either (A) 5 or more years of service with a | 21 | | federal, State, or
local law enforcement agency, at least 2 | 22 | | years of which have been in a
progressive investigatory | 23 | | capacity; (B) 5 or more years of service as a
federal, | 24 | | State, or local prosecutor; or (C) 5 or more years of | 25 | | service as a
senior manager or executive of a federal, | 26 | | State, or local
agency. |
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| 1 | | (c) The Inspector General may review, coordinate, and | 2 | | recommend methods and
procedures to increase the integrity of | 3 | | the Office of the Secretary of State.
The duties of the | 4 | | Inspector General shall
supplement and not supplant the duties | 5 | | of the Chief Auditor for the Secretary
of State's Office or any | 6 | | other Inspector General that may be authorized by law.
The | 7 | | Inspector General must report directly to the Secretary
of | 8 | | State. | 9 | | (d) In addition to the authority otherwise provided by this | 10 | | Section, but
only when investigating the Office of the | 11 | | Secretary of State, its employees, or
their actions for
fraud, | 12 | | corruption, mismanagement, gross or aggravated misconduct, or
| 13 | | misconduct that may be criminal in nature, the Inspector | 14 | | General is
authorized: | 15 | | (1) To have access to all records, reports, audits, | 16 | | reviews, documents,
papers, recommendations, or other | 17 | | materials available that relate to programs
and operations | 18 | | with respect to which the Inspector General has | 19 | | responsibilities
under this Section. | 20 | | (2) To make any investigations and reports relating to | 21 | | the administration
of the programs and operations of the | 22 | | Office of the Secretary of State that
are, in the judgment | 23 | | of the Inspector General, necessary or desirable. | 24 | | (3) To request any information or assistance that may | 25 | | be necessary for
carrying out the duties and | 26 | | responsibilities provided by this Section from any
local, |
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| 1 | | State, or federal governmental agency or unit thereof. | 2 | | (4) To require by subpoena the
appearance of witnesses | 3 | | and the production of all information, documents,
reports, | 4 | | answers, records, accounts, papers, and other data and | 5 | | documentary
evidence necessary in the performance of the | 6 | | functions assigned by this
Section, with the exception of | 7 | | subsection (c) and with the exception of records
of a labor
| 8 | | organization authorized and recognized under the Illinois | 9 | | Public Labor
Relations
Act to be the exclusive bargaining | 10 | | representative of employees of the Secretary
of State, | 11 | | including, but not limited to, records of representation of | 12 | | employees
and
the negotiation of collective bargaining | 13 | | agreements. A subpoena may be issued
under
this paragraph | 14 | | (4) only by the
Inspector General and not by members of the | 15 | | Inspector General's staff.
A person duly
subpoenaed for | 16 | | testimony, documents, or other items who neglects or | 17 | | refuses to
testify or produce documents or other items | 18 | | under the requirements of the
subpoena shall be subject to | 19 | | punishment as
may be determined by a court of competent | 20 | | jurisdiction, unless (i) the
testimony, documents, or | 21 | | other items are covered by the attorney-client
privilege or
| 22 | | any other privilege or right recognized by law or (ii) the | 23 | | testimony,
documents, or other items concern the | 24 | | representation of employees and the
negotiation of | 25 | | collective bargaining agreements by a labor
organization | 26 | | authorized and recognized under the Illinois Public
Labor |
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| 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 Secretary | 8 | | of State for any
purpose pertaining to the performance of | 9 | | functions and responsibilities under
this Section. | 10 | | (d-5) In addition to the authority otherwise provided by | 11 | | this Section, the Secretary of State Inspector General shall | 12 | | have jurisdiction to investigate complaints and allegations of | 13 | | wrongdoing by any person or entity related to the Lobbyist | 14 | | Registration Act. When investigating those complaints and | 15 | | allegations, the Inspector General is authorized: | 16 | | (1) To have access to all records, reports, audits, | 17 | | reviews, documents, papers, recommendations, or other | 18 | | materials available that relate to programs and operations | 19 | | with respect to which the Inspector General has | 20 | | responsibilities under this Section. | 21 | | (2) To request any information or assistance that may | 22 | | be necessary for carrying out the duties and | 23 | | responsibilities provided by this Section from any local, | 24 | | State, or federal governmental agency or unit thereof. | 25 | | (3) To require by subpoena the appearance of witnesses | 26 | | and the production of all information, documents, reports, |
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| 1 | | answers, records, accounts, papers, and other data and | 2 | | documentary evidence necessary in the performance of the | 3 | | functions assigned by this Section. A subpoena may be | 4 | | issued under this paragraph (3) only by the Inspector | 5 | | General and not by members of the Inspector General's | 6 | | staff. A person duly subpoenaed for testimony, documents, | 7 | | or other items who neglects or refuses to testify or | 8 | | produce documents or other items under the requirements of | 9 | | the subpoena shall be subject to punishment as may be | 10 | | determined by a court of competent jurisdiction, unless the | 11 | | testimony, documents, or other items are covered by the | 12 | | attorney-client privilege or any other privilege or right | 13 | | recognized by law. Nothing in this Section limits a | 14 | | person's right to protection against self-incrimination | 15 | | under the Fifth Amendment of the United States Constitution | 16 | | or Section 10 of Article I of the Constitution of the State | 17 | | of Illinois. | 18 | | (4) To have direct and prompt access to the Secretary | 19 | | of State for any purpose pertaining to the performance of | 20 | | functions and responsibilities under this Section.
| 21 | | (5) As provided in subsection (d) of Section 5 of the | 22 | | Lobbyist Registration Act, to review allegations that an | 23 | | individual required to be registered under the Lobbyist | 24 | | Registration Act has engaged in one or more acts of sexual | 25 | | harassment. Upon completion of that review, the Inspector | 26 | | General shall submit a summary of the review to the |
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| 1 | | Executive Ethics Commission. The Inspector General is | 2 | | authorized to file pleadings with the Executive Ethics | 3 | | Commission, through the Attorney General, if the Attorney | 4 | | General finds that reasonable cause exists to believe that | 5 | | a violation regarding acts of sexual harassment has | 6 | | occurred. The Secretary shall adopt rules setting forth the | 7 | | procedures for the review of such allegations. | 8 | | (e) The Inspector General may receive and investigate | 9 | | complaints or
information concerning the possible
existence of | 10 | | an activity constituting a violation of law, rules, or
| 11 | | regulations; mismanagement; abuse of authority; or substantial | 12 | | and specific
danger to the public health and safety. Any person
| 13 | | who knowingly files a
false
complaint or files a complaint with | 14 | | reckless disregard for the truth or the
falsity
of the facts | 15 | | underlying the complaint may be subject to discipline as set | 16 | | forth
in the rules of the Department of Personnel of the | 17 | | Secretary of State or the Inspector General may refer the | 18 | | matter to a State's Attorney or the Attorney General. | 19 | | The Inspector General may not, after receipt of a complaint | 20 | | or information, disclose the
identity of the source
without the | 21 | | consent of the source, unless the
Inspector General determines | 22 | | that
disclosure of the identity is reasonable and necessary for | 23 | | the furtherance of
the
investigation. | 24 | | Any employee who has the authority to recommend or
approve | 25 | | any personnel action or to direct others to recommend or | 26 | | approve any
personnel action may not, with respect to that |
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| 1 | | authority, take or threaten to
take any action against any | 2 | | employee as a reprisal for making a
complaint or disclosing | 3 | | information to the Inspector General, unless the
complaint was | 4 | | made or the information disclosed with the knowledge that it | 5 | | was
false or with willful disregard for its truth or falsity. | 6 | | (f) The Inspector General must adopt rules, in accordance | 7 | | with the
provisions of the Illinois Administrative Procedure | 8 | | Act, establishing minimum
requirements for initiating, | 9 | | conducting, and completing investigations. The
rules must | 10 | | establish criteria for determining, based upon the nature of | 11 | | the
allegation, the appropriate method of investigation, which | 12 | | may include, but is
not limited to, site visits, telephone | 13 | | contacts, personal interviews, or
requests for written | 14 | | responses. The rules must also clarify how the Office of
the | 15 | | Inspector General shall interact with other local, State, and | 16 | | federal law
enforcement investigations. | 17 | | Any employee of the Secretary of State subject to | 18 | | investigation or inquiry
by the Inspector General or any agent | 19 | | or representative of the Inspector
General concerning | 20 | | misconduct that is criminal in nature shall have the right
to | 21 | | be notified of the right to remain silent
during the | 22 | | investigation or inquiry and the right to be represented in the
| 23 | | investigation or inquiry by an attorney or a representative of | 24 | | a labor
organization that is
the exclusive collective | 25 | | bargaining representative of employees of the
Secretary of | 26 | | State.
Any investigation or inquiry by the Inspector General or |
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| 1 | | any agent or
representative of the Inspector General must be | 2 | | conducted with an awareness of
the provisions of a collective | 3 | | bargaining agreement that applies to the
employees
of the | 4 | | Secretary of State and with an awareness of the rights of the | 5 | | employees
as set forth in State and federal law and applicable | 6 | | judicial decisions. Any
recommendations for discipline or any | 7 | | action taken
against any employee by the
Inspector General or | 8 | | any representative or agent of the Inspector General must
| 9 | | comply with the provisions of the collective bargaining | 10 | | agreement that applies
to the employee. | 11 | | (g) On or before January 1 of each year, the Inspector | 12 | | General shall report
to the President of the Senate, the | 13 | | Minority Leader of the Senate, the Speaker
of the House of | 14 | | Representatives, and the Minority Leader of the House of
| 15 | | Representatives on the types of investigations and the | 16 | | activities undertaken by
the Office of the Inspector General | 17 | | during the previous calendar year. | 18 | | (Source: P.A. 100-554, eff. 11-16-17.) | 19 | | Section 15. The Lobbyist Registration Act is amended by | 20 | | changing Section 11 as follows:
| 21 | | (25 ILCS 170/11) (from Ch. 63, par. 181)
| 22 | | Sec. 11. Enforcement.
| 23 | | (a) The Secretary of State Inspector General appointed | 24 | | under Section 14 of the Secretary of State Act shall initiate |
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| 1 | | investigations of violations of this Act upon receipt of | 2 | | credible evidence of a violation. If, upon conclusion of an | 3 | | investigation, the Inspector General reasonably believes a | 4 | | violation of this Act has occurred, the Inspector General shall | 5 | | provide the alleged violator with written notification of the | 6 | | alleged violation. Within 30 calendar days after receipt of the | 7 | | notification, the alleged violator shall submit a written | 8 | | response to the Inspector General. The response shall indicate | 9 | | whether the alleged violator (i) disputes the alleged | 10 | | violation, including any facts that reasonably prove the | 11 | | alleged violation did not violate the Act, or (ii) agrees to | 12 | | take action to correct the alleged violation within 30 calendar | 13 | | days, including a description of the action the alleged | 14 | | violator has taken or will take to correct the alleged | 15 | | violation. If the alleged violator disputes the alleged | 16 | | violation or fails to respond to the notification of the | 17 | | alleged violation, the Inspector General shall transmit the | 18 | | evidence to the appropriate State's Attorney or Attorney | 19 | | General. If the alleged violator agrees to take action to | 20 | | correct the alleged violation, the Inspector General shall make | 21 | | available to the public the notification from the Inspector | 22 | | General and the response from the alleged violator and shall | 23 | | not transmit the evidence to the appropriate State's Attorney | 24 | | or Attorney General. Nothing in this Act requires the Inspector | 25 | | General to notify an alleged violator of an ongoing | 26 | | investigation or to notify the alleged violator of a referral |
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| 1 | | of any evidence to a law enforcement agency, a State's | 2 | | Attorney, or the Attorney General pursuant to subsection (c). | 3 | | (a-5) Failure to cooperate in an investigation initiated by | 4 | | the Secretary of State Inspector General appointed under | 5 | | Section 14 of the Secretary of State Act is a separate and | 6 | | punishable offense for which the Secretary of State Inspector | 7 | | General, through the Attorney General, shall file pleadings | 8 | | with the Executive Ethics Commission, which has the discretion | 9 | | to temporarily suspend or terminate any person, or lobbying | 10 | | entity for which that person is employed, registered under this | 11 | | Act. | 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 | | (c) Notwithstanding any other provision of this Act, the | 18 | | Inspector General may at any time refer evidence of a violation | 19 | | of State or federal law, in addition to a violation of this | 20 | | Act, to the appropriate law enforcement agency, State's | 21 | | Attorney, or Attorney General.
| 22 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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