Full Text of SB0221 98th General Assembly
SB0221enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended 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 | 9 | | General is created.
The Office shall be under the direction and | 10 | | supervision of the
Legislative Inspector General and shall be a | 11 | | fully independent office with its
own appropriation.
| 12 | | (b) The Legislative Inspector General shall be appointed | 13 | | without regard to
political
affiliation and solely on the basis | 14 | | of integrity and
demonstrated ability.
The Legislative Ethics
| 15 | | Commission shall diligently search out qualified candidates | 16 | | for Legislative
Inspector General
and shall make | 17 | | recommendations to the General Assembly.
| 18 | | The Legislative Inspector General shall be appointed by a | 19 | | joint resolution of
the
Senate and the House of | 20 | | Representatives, which may specify the date on
which the | 21 | | appointment takes effect.
A joint resolution, or other document | 22 | | as may be specified by the
Joint Rules of the General Assembly, | 23 | | appointing the Legislative Inspector
General must be certified |
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| 1 | | by
the Speaker
of the House of Representatives and the | 2 | | President of the Senate as having been
adopted by the
| 3 | | affirmative vote of three-fifths of the members elected to each | 4 | | house,
respectively,
and be filed with the Secretary of State.
| 5 | | The appointment of the Legislative Inspector General takes | 6 | | effect on the day
the
appointment is completed by the General | 7 | | Assembly, unless the appointment
specifies a later date on | 8 | | which it is to become effective.
| 9 | | The Legislative Inspector General shall have the following | 10 | | qualifications:
| 11 | | (1) has not been convicted of any felony under the laws | 12 | | of this State,
another state, or the United States;
| 13 | | (2) has earned a baccalaureate degree from an | 14 | | institution of higher
education; and
| 15 | | (3) has 5 or more years of cumulative service (A) with | 16 | | a federal,
State, or
local law enforcement agency, at least | 17 | | 2 years of which have been in a
progressive investigatory | 18 | | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 19 | | as a
senior manager or executive of a federal, State, or | 20 | | local
agency; (D) as a member, an officer,
or a State
or | 21 | | federal judge; or (E) representing any combination of (A) | 22 | | through (D).
| 23 | | The Legislative Inspector General may not be a relative of | 24 | | a commissioner.
| 25 | | The term of the initial Legislative Inspector General shall
| 26 | | commence upon qualification and shall run through June 30, |
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| 1 | | 2008.
| 2 | | After the initial term, the Legislative Inspector General | 3 | | shall serve
for 5-year terms commencing on July 1 of the year | 4 | | of appointment
and running through June 30 of the fifth | 5 | | following year. The
Legislative Inspector General may be | 6 | | reappointed to one or more
subsequent terms.
| 7 | | A vacancy occurring other than at the end of a term shall | 8 | | be filled in the
same manner as an appointment only for the | 9 | | balance of the term of the
Legislative
Inspector General whose | 10 | | office is vacant. If the Office is vacant, or if a Legislative | 11 | | Inspector General resigns, the Commission shall designate an | 12 | | Acting Legislative Inspector General who shall serve until the | 13 | | vacancy is filled. The Commission shall file the designation in | 14 | | writing with the Secretary of State.
| 15 | | Terms shall run regardless of whether the position is | 16 | | filled.
| 17 | | (c) The Legislative Inspector General
shall have | 18 | | jurisdiction over the members of the General Assembly and
all | 19 | | State employees whose ultimate jurisdictional authority is
(i) | 20 | | a legislative leader, (ii) the Senate Operations Commission, or | 21 | | (iii) the
Joint Committee on Legislative Support Services.
| 22 | | The jurisdiction of each Legislative Inspector General is | 23 | | to investigate
allegations of fraud, waste, abuse, | 24 | | mismanagement, misconduct, nonfeasance,
misfeasance,
| 25 | | malfeasance, or violations of this Act or violations of other | 26 | | related
laws and rules.
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| 1 | | (d) The compensation of the Legislative Inspector General | 2 | | shall
be the greater of an amount (i) determined by the | 3 | | Commission or (ii) by joint
resolution of the General Assembly | 4 | | passed by a majority of members elected in
each chamber.
| 5 | | Subject to Section 25-45 of this Act, the Legislative Inspector | 6 | | General has
full
authority to organize the Office of the | 7 | | Legislative Inspector General,
including the employment and | 8 | | determination of the compensation of
staff, such as deputies, | 9 | | assistants, and other employees, as
appropriations permit. | 10 | | Employment of staff is subject to the approval of at least 3 of | 11 | | the 4 legislative leaders.
| 12 | | (e) No Legislative Inspector General or employee of the | 13 | | Office of
the Legislative Inspector General may, during his or | 14 | | her term of appointment or
employment:
| 15 | | (1) become a candidate for any elective office;
| 16 | | (2) hold any other elected or appointed public office
| 17 | | except for appointments on governmental advisory boards
or | 18 | | study commissions or as otherwise expressly authorized by | 19 | | law;
| 20 | | (3) be actively involved in the affairs of any | 21 | | political party or
political organization; or
| 22 | | (4) actively participate in any campaign for any
| 23 | | elective office.
| 24 | | In this subsection an appointed public office means a | 25 | | position authorized by
law that is filled by an appointing | 26 | | authority as provided by law and does not
include employment by |
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| 1 | | hiring in the ordinary course of business.
| 2 | | (e-1) No Legislative Inspector General or employee of the | 3 | | Office of the
Legislative Inspector General may, for one year | 4 | | after the termination of his or
her appointment or employment:
| 5 | | (1) become a candidate for any elective office;
| 6 | | (2) hold any elected public office; or
| 7 | | (3) hold any appointed State, county, or local judicial | 8 | | office.
| 9 | | (e-2) The requirements of item (3) of subsection (e-1) may | 10 | | be waived by the
Legislative Ethics Commission.
| 11 | | (f) The Commission may remove the Legislative Inspector | 12 | | General only for
cause. At the time of the removal, the | 13 | | Commission must report to the General
Assembly the | 14 | | justification for the removal.
| 15 | | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law. |
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