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