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[ Senate Amendment 003 ] |
92_HB0201sam001 LRB9201055MWdvam02 1 AMENDMENT TO HOUSE BILL 201 2 AMENDMENT NO. . Amend House Bill 201 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Public Labor Relations Act is 5 amended by changing Section 15 as follows: 6 (5 ILCS 315/15) (from Ch. 48, par. 1615) 7 Sec. 15. Act Takes Precedence. 8 (a) In case of any conflict between the provisions of 9 this Act and any other law, executive order or administrative 10 regulation relating to wages, hours and conditions of 11 employment and employment relations, the provisions of this 12 Act or any collective bargaining agreement negotiated 13 thereunder shall prevail and control. Nothing in this Act 14 shall be construed to replace or diminish the rights of 15 employees established by Sections 28 and 28a of the 16 Metropolitan Transit Authority Act or,Sections 2.15 through 17 2.19 of the Regional Transportation Authority Act. Nothing in 18 this Act shall affect the provisions of Section 14 of the 19 Secretary of State Act. 20 (b) Except as provided in subsection (a) above, any 21 collective bargaining contract between a public employer and 22 a labor organization executed pursuant to this Act shall -2- LRB9201055MWdvam02 1 supersede any contrary statutes, charters, ordinances, rules 2 or regulations relating to wages, hours and conditions of 3 employment and employment relations adopted by the public 4 employer or its agents. Any collective bargaining agreement 5 entered into prior to the effective date of this Act shall 6 remain in full force during its duration. 7 (c) It is the public policy of this State, pursuant to 8 paragraphs (h) and (i) of Section 6 of Article VII of the 9 Illinois Constitution, that the provisions of this Act are 10 the exclusive exercise by the State of powers and functions 11 which might otherwise be exercised by home rule units. Such 12 powers and functions may not be exercised concurrently, 13 either directly or indirectly, by any unit of local 14 government, including any home rule unit, except as otherwise 15 authorized by this Act. 16 (Source: P.A. 83-1012.) 17 Section 10. The Secretary of State Act is amended by 18 adding Section 14 as follows: 19 (15 ILCS 305/14 new) 20 Sec. 14. Inspector General. 21 (a) The Secretary of State must, with the advice and 22 consent of the Senate, appoint an Inspector General for the 23 purpose of detection, deterrence, and prevention of fraud, 24 waste, mismanagement, misconduct, and other abuses in the 25 Office of the Secretary of State. The Inspector General 26 shall serve a 2-year term. If no successor is appointed and 27 qualified upon the expiration of the Inspector General's 28 term, the office of Inspector General is deemed vacant and 29 the powers and duties under this Section may be exercised 30 only by an appointed and qualified interim Inspector General 31 until a successor Inspector General is appointed and 32 qualified. If the General Assembly is not in session when a -3- LRB9201055MWdvam02 1 vacancy in the office of Inspector General occurs, the 2 Secretary of State may appoint an interim Inspector General 3 whose term shall expire 2 weeks after the next 4 regularly-scheduled session day of the Senate. 5 (b) The Inspector General shall have the following 6 qualifications: 7 (1) has not been convicted of any felony under the 8 laws of this State, another State, or the United States; 9 (2) has earned a baccalaureate degree from an 10 institution of higher education; and 11 (3) has either (A) 5 or more years of service with 12 a federal, State, or local law enforcement agency, at 13 least 2 years of which have been in a progressive 14 investigatory capacity; (B) 5 or more years of service as 15 a federal, State, or local prosecutor; or (C) 5 or more 16 years of service as a senior manager or executive of a 17 federal, State, or local law enforcement agency. 18 (c) The Inspector General must review, coordinate, and 19 institute methods and procedures to increase the integrity, 20 productivity, and efficiency of the Office of the Secretary 21 of State. The duties of the Inspector General shall 22 supplement and not supplant the duties of the Chief Auditor 23 for the Secretary of State's Office. The Inspector General 24 must report directly to the Secretary of State. 25 (d) The Secretary of State may designate the Inspector 26 General and inspectors who are members of the Inspector 27 General's office as peace officers; however, the Inspector 28 General and his or her inspectors may not be members of the 29 Secretary of State's police force. These inspectors shall 30 have all the powers possessed by police officers in 31 municipalities and by sheriffs of counties, and the 32 inspectors may exercise those powers anywhere in the State 33 but only in the investigation of allegations of criminal 34 behavior by the Secretary of State or employees of the Office -4- LRB9201055MWdvam02 1 of the Secretary of State. 2 No inspector may have peace officer status or exercise 3 police powers unless he or she successfully completes the 4 basic police training mandated and approved by the Illinois 5 Law Enforcement Training Standards Board or the Board waives 6 the training requirement by reason of the inspector's prior 7 law enforcement experience or training, or both. 8 The Board may not waive the training requirement unless 9 the inspector has had a minimum of 5 years of experience as a 10 sworn officer of a local, State, or federal law enforcement 11 agency, 2 of which must have been in an investigatory 12 capacity. 13 (e) In addition to the authority otherwise provided by 14 this Section, but only when investigating the Office of the 15 Secretary of State, its employees, or their actions, the 16 Inspector General is authorized: 17 (1) To have access to all records, reports, audits, 18 reviews, documents, papers, recommendations, or other 19 material available that relates to programs and 20 operations with respect to which the Inspector General 21 has responsibilities under this Section. 22 (2) To make any investigations and reports relating 23 to the administration of the programs and operations of 24 the Office of the Secretary of State that are, in the 25 judgement of the Inspector General, necessary or 26 desirable. 27 (3) To request any information or assistance that 28 may be necessary for carrying out the duties and 29 responsibilities provided by this Section from any local, 30 State, or federal governmental agency or unit thereof. 31 (4) When investigating criminal behavior, to 32 require by subpoena the appearance of witnesses and the 33 production of all information, documents, reports, 34 answers, records, accounts, papers, and other data and -5- LRB9201055MWdvam02 1 documentary evidence necessary in the performance of the 2 functions assigned by this Section. A subpoena may be 3 issued under this paragraph (4) only by the Inspector 4 General and not by members of the Inspector General's 5 staff. Any person subpoenaed by the Inspector General 6 has the same rights as a person subpoenaed by a grand 7 jury. Any person who knowingly (A) fails to appear in 8 response to a subpoena; (B) fails to answer any question; 9 (C) fails to produce any books or papers pertinent to an 10 investigation under this Section; or (D) gives false 11 testimony during an investigation under this Section is 12 guilty of a Class A misdemeanor. 13 (5) To have direct and prompt access to the 14 Secretary of State for any purpose pertaining to the 15 performance of functions and responsibilities under this 16 Section. 17 (f) The Inspector General may receive and investigate 18 complaints or information from an employee of the Secretary 19 of State concerning the possible existence of an activity 20 constituting a violation of law, rules, or regulations; 21 mismanagement; abuse of authority; or substantial and 22 specific danger to the public health and safety. Any 23 employee who knowing files a false complaint or files a 24 complaint with reckless disregard for the truth or the 25 falsity of the facts underlying the complaint may be subject 26 to discipline as set forth in the rules of the Department of 27 Personnel of the Secretary of State. 28 The Inspector General may not, after receipt of a 29 complaint or information from an employee, disclose the 30 identity of the employee without the consent of the employee. 31 Any employee who has the authority to take, direct others 32 to take, recommend, or approve any personnel action may not, 33 with respect to that authority, take or threaten to take any 34 action against any employee as a reprisal for making a -6- LRB9201055MWdvam02 1 complaint or disclosing information to the Inspector General, 2 unless the complaint was made or the information disclosed 3 with the knowledge that it was false or with willful 4 disregard for its truth or falsity. 5 (g) The Inspector General must adopt rules, in 6 accordance with the provisions of the Illinois Administrative 7 Procedure Act, establishing minimum requirements for 8 initiating, conducting, and completing investigations. The 9 rules must establish criteria for determining, based upon the 10 nature of the allegation, the appropriate method of 11 investigation, which may include, but is not limited to, site 12 visits, telephone contacts, personal interviews, or requests 13 for written responses. The rules must also clarify how the 14 Office of the Inspector General shall interact with other 15 local, State, and federal law enforcement investigations. 16 (h) Notwithstanding any other provision of law, this 17 amendatory Act of the 92nd General Assembly and the powers 18 and duties exercised by the Inspector General and members of 19 the Inspector General's office pursuant to this Section 20 supersede the provisions of any collective bargaining 21 agreement entered into by the Office of the Secretary of 22 State and a labor organization on, before, or after the 23 effective date of this amendatory Act of the 92nd General 24 Assembly. 25 (i) On or before January 1 of each year, the Inspector 26 General shall report to the President of the Senate, the 27 Minority Leader of the Senate, the Speaker of the House of 28 Representatives, and the Minority Leader of the House of 29 Representatives on the types of investigations and the 30 activities undertaken by the Office of the Inspector General 31 during the previous calendar year. 32 (j) This Section is repealed on December 31, 2003.".