92nd General Assembly
Summary of HB0201
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
House Sponsors:
DAVIS,STEVE-HOFFMAN-SCULLY-HOLBROOK-CURRY,JULIE, 
   MATHIAS, DAVIS,MONIQUE, MCKEON, JONES,JOHN, MCAULIFFE, 
   SOMMER, SAVIANO, HOEFT AND ZICKUS.

Senate Sponsors:
DEMUZIO-MADIGAN,L-PETKA

Short description: 
SOS-INSPECTOR GENERAL                                                      

Synopsis of Bill as introduced:
        Amends the Secretary of State Act.   Requires  the  Secretary  of      
   State  to  appoint,  with  the  advice  and  consent of the Senate, an      
   Inspector General. Provides that the Secretary of State may  designate      
   the Inspector General and members of the Inspector General's office as      
   peace  officers  after  those  persons  have  completed  basic  police      
   training.   Allows the Inspector General to conduct investigations and      
   make reports concerning misconduct in the Office of the  Secretary  of      
   State;  subpoena  witnesses  and  evidence  necessary to carry out the      
   duties of the  Inspector  General;  and  have  direct  access  to  the      
   Secretary  of  State.  Provides that a person who fails to comply with      
   the Inspector General's requests or who gives false  testimony  during      
   an  investigation  is  guilty  of  a  Class  A  misdemeanor. Prohibits      
   reprisals against  employees  of  the  Secretary  of  State  who  make      
   complaints  to  or  disclose  information  to  the  Inspector General.      
   Requires  the  Secretary  of  State  to   adopt   rules   establishing      
   requirements for investigations.                                            
          FISCAL NOTE (Office of the Secretary of State)                       
          There will be no fiscal impact on the Secretary of State             
          Office.                                                              
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          5 ILCS 315/15                   from Ch. 48, par. 1615               
        Deletes everything.  Amends the Secretary of State Act.  Requires      
   the Secretary of State, with the advice and consent of the Senate,  to      
   appoint  an  Inspector  General.   Provides that the Inspector General      
   shall serve a 2-year term.  Sets the qualifications for the office  of      
   Inspector  General.   Sets  the  powers  and  duties  of the Inspector      
   General.  Provides that the Inspector General and inspectors  who  are      
   members  of the Inspector General's office may exercise police powers.      
   Provides that the Inspector General and inspectors who are members  of      
   the  Inspector General's office may not be members of the Secretary of      
   State's police force.  Requires inspectors exercising police powers to      
   undergo training.  Allows the Inspector  General  to  issue  subpoenas      
   when  investigating  criminal  behavior.   Provides that the Inspector      
   General's staff may not issue a  subpoena.   Provides  that  a  person      
   subpoenaed  by  the  Inspector General has the same rights as a person      
   subpoenaed by a grand jury.  Provides that a person who (i)  fails  to      
   appear  in  response to a subpoena, (ii) fails to answer any question,      
   (iii)  fails  to  produce  any  books  or  papers  pertinent   to   an      
   investigation,  or  (iv) gives false testimony during an investigation      
   is guilty of a Class A misdemeanor.  Allows the Inspector  General  to      
   receive  and  investigate  complaints  concerning  a violation of law,      
   rules,  or  regulations;  mismanagement;  abuse   of   authority;   or      
   substantial  and  specific  danger  to  the  public health and safety.      
   Provides that  a  Secretary  of  State  employee  who  files  a  false      
   complaint  or  files a complaint with reckless disregard for the truth      
   or falsity of the underlying  facts  may  be  subject  to  discipline.      
   Prohibits  the  Inspector  General  from  disclosing  the  name  of an      
   employee filing a complaint  without  the  consent  of  the  employee.      
   Prohibits  reprisals  against  employees filing a complaint.  Requires      
   the Inspector General to adopt rules in accordance with the provisions      
   of the Illinois Administrative  Procedure  Act.    Provides  that  the      
   provisions  concerning  the powers and duties of the Inspector General      
   and the Inspector  General's  staff  supercede  collective  bargaining      
   agreements.   Requires the Inspector General to report annually to the      
   4  legislative  leaders  on  the  types  of  investigations  and   the      
   activities   undertaken  by  the  office  of  the  Inspector  General.      
   Provides that the provisions  concerning  the  Inspector  General  are      
   repealed  on  December  31,  2003.   Amends  the Illinois Public Labor      
   Relations Act to make a conforming change.                                  
        SENATE AMENDMENT NO. 2.                                                
        Further amends the Secretary of State Act. Provides that the           
   Secretary of State may (instead of must) review, coordinate, and            
   institute methods and procedures to increase the integrity, produc-         
   tivity, and efficiency of the Office of the Secretary of State.             
   Provides that the Inspector General has the power to issue subpoenas        
   in all investigations (now, the Inspector General may exercise that         
   power only when investigating criminal behavior).                           
        SENATE AMENDMENT NO. 3.                                                
        Further amends the Secretary of State Act. Deletes provisions          
   that any employee of the Secretary of State who (i) fails to answer         
   any question of the Inspector General or (ii) gives false testimony         
   during an investigation is guilty of a Class A misdemeanor (now, any        
   person who fails to answer any question or gives false testimony is         
   guilty of a Class A misdemeanor).                                           
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   3


   END OF INQUIRY 
                                                                               



 Full Text  Bill Status