Bill Text: IL SB0054 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the State Officials and Employees Ethics Act. With respect to an executive branch State employee who is the subject of an Executive Inspector General's investigation and whose agency head or ultimate jurisdictional authority agrees with the Inspector General as to disciplinary action against the employee, establishes procedures for providing a redacted version of the Inspector General's summary investigation report to the Executive Ethics Commission, to the employee, and to the public, under certain circumstances.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0555 [SB0054 Detail]
Download: Illinois-2009-SB0054-Enrolled.html
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1 | AN ACT concerning ethics.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||
5 | by changing Section 4A-101 as follows:
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6 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||||||
7 | Sec. 4A-101. Persons required to file. The following | ||||||
8 | persons shall file
verified written statements of economic | ||||||
9 | interests, as provided in this Article:
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10 | (a) Members of the General Assembly and candidates for | ||||||
11 | nomination or
election to the General Assembly.
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12 | (b) Persons holding an elected office in the Executive | ||||||
13 | Branch of this
State, and candidates for nomination or | ||||||
14 | election to these offices.
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15 | (c) Members of a Commission or Board created by the | ||||||
16 | Illinois Constitution,
and candidates for nomination or | ||||||
17 | election to such Commission or Board.
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18 | (d) Persons whose appointment to office is subject to | ||||||
19 | confirmation by
the Senate.
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20 | (e) Holders of, and candidates for nomination or | ||||||
21 | election to, the office
of judge or associate judge of the | ||||||
22 | Circuit Court and the office of judge of
the Appellate or | ||||||
23 | Supreme Court.
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1 | (f) Persons who are employed by any branch, agency, | ||||||
2 | authority or board
of the government of this State, | ||||||
3 | including but not limited to, the Illinois
State Toll | ||||||
4 | Highway Authority, the Illinois Housing Development | ||||||
5 | Authority,
the Illinois Community College Board, and | ||||||
6 | institutions under the
jurisdiction of the Board of | ||||||
7 | Trustees
of the University of Illinois, Board of Trustees | ||||||
8 | of Southern Illinois
University, Board of Trustees of | ||||||
9 | Chicago State University,
Board of Trustees of Eastern | ||||||
10 | Illinois University, Board of Trustees of
Governor's State | ||||||
11 | University, Board of Trustees of Illinois State | ||||||
12 | University,
Board of Trustees of Northeastern Illinois | ||||||
13 | University, Board of Trustees of
Northern Illinois | ||||||
14 | University, Board of Trustees of Western Illinois
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15 | University, or Board of Trustees of the Illinois | ||||||
16 | Mathematics and Science
Academy, and are compensated for | ||||||
17 | services as employees and not as
independent contractors | ||||||
18 | and who:
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19 | (1) are, or function as, the head of a department, | ||||||
20 | commission, board,
division, bureau, authority or | ||||||
21 | other administrative unit within the
government of | ||||||
22 | this State, or who exercise similar authority within | ||||||
23 | the
government of this State;
| ||||||
24 | (2) have direct supervisory authority over, or | ||||||
25 | direct responsibility for
the formulation, | ||||||
26 | negotiation, issuance or execution of contracts |
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1 | entered into
by the State in the amount of $5,000 or | ||||||
2 | more;
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3 | (3) have authority for the issuance or | ||||||
4 | promulgation of rules and
regulations within areas | ||||||
5 | under the authority of the State;
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6 | (4) have authority for the approval of | ||||||
7 | professional licenses;
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8 | (5) have responsibility with respect to the | ||||||
9 | financial inspection
of regulated nongovernmental | ||||||
10 | entities;
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11 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
12 | or administrative
proceeding, or review the | ||||||
13 | adjudication, arbitration or decision of any judicial
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14 | or administrative proceeding within the authority of | ||||||
15 | the State;
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16 | (7) have supervisory responsibility for 20 or more | ||||||
17 | employees of the
State; or
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18 | (8) negotiate, assign, authorize, or grant naming | ||||||
19 | rights or sponsorship rights regarding any property or | ||||||
20 | asset of the State, whether real, personal, tangible, | ||||||
21 | or intangible ; or .
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22 | (9) have responsibility with respect to the | ||||||
23 | procurement of goods or services. | ||||||
24 | (g) Persons who are elected to office in a unit of | ||||||
25 | local government,
and candidates for nomination or | ||||||
26 | election to that office, including regional
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1 | superintendents of school districts.
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2 | (h) Persons appointed to the governing board of a unit | ||||||
3 | of local
government, or of a special district, and persons | ||||||
4 | appointed to a zoning
board, or zoning board of appeals, or | ||||||
5 | to a regional, county, or municipal
plan commission, or to | ||||||
6 | a board of review of any county, and persons
appointed to | ||||||
7 | the Board of the Metropolitan Pier and Exposition Authority
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8 | and any Trustee appointed under Section 22 of the | ||||||
9 | Metropolitan Pier and
Exposition Authority Act, and | ||||||
10 | persons appointed to a board or commission of
a unit of | ||||||
11 | local government who have authority to authorize the | ||||||
12 | expenditure of
public funds. This subsection does not apply | ||||||
13 | to members of boards or
commissions who function in an | ||||||
14 | advisory capacity.
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15 | (i) Persons who are employed by a unit of local | ||||||
16 | government and are
compensated for services as employees | ||||||
17 | and not as independent contractors and
who:
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18 | (1) are, or function as, the head of a department, | ||||||
19 | division, bureau,
authority or other administrative | ||||||
20 | unit within the unit of local
government, or who | ||||||
21 | exercise similar authority within the unit of local
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22 | government;
| ||||||
23 | (2) have direct supervisory authority over, or | ||||||
24 | direct responsibility for
the formulation, | ||||||
25 | negotiation, issuance or execution of contracts | ||||||
26 | entered into
by the unit of local government in the |
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1 | amount of $1,000 or greater;
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2 | (3) have authority to approve licenses
and permits | ||||||
3 | by the unit of local government; this item does not | ||||||
4 | include
employees who function in a ministerial | ||||||
5 | capacity;
| ||||||
6 | (4) adjudicate, arbitrate, or decide any judicial | ||||||
7 | or administrative
proceeding, or review the | ||||||
8 | adjudication, arbitration or decision of any judicial
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9 | or administrative proceeding within the authority of | ||||||
10 | the unit of local
government;
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11 | (5) have authority to issue or promulgate rules and | ||||||
12 | regulations within
areas under the authority of the | ||||||
13 | unit of local government; or
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14 | (6) have supervisory responsibility for 20 or more | ||||||
15 | employees of the
unit of local government.
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16 | (j) Persons on the Board of Trustees of the Illinois | ||||||
17 | Mathematics and
Science Academy.
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18 | (k) Persons employed by a school district in positions | ||||||
19 | that
require that
person to hold an administrative or a | ||||||
20 | chief school business official
endorsement.
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21 | (l) Special government agents. A "special government | ||||||
22 | agent" is a
person who is directed, retained, designated, | ||||||
23 | appointed, or
employed, with or without compensation, by or | ||||||
24 | on behalf of a
statewide executive branch constitutional | ||||||
25 | officer to make an ex
parte communication under Section | ||||||
26 | 5-50 of the State Officials and
Employees Ethics Act or |
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1 | Section 5-165 of the Illinois
Administrative Procedure | ||||||
2 | Act.
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3 | (m) Members of the board of commissioners of any flood | ||||||
4 | prevention district. | ||||||
5 | (n) Members of the board of any retirement system or | ||||||
6 | investment board established under the Illinois Pension | ||||||
7 | Code, if not required to file under any other provision of | ||||||
8 | this Section. | ||||||
9 | (o) Members of the board of any pension fund | ||||||
10 | established under the Illinois Pension Code, if not | ||||||
11 | required to file under any other provision of this Section. | ||||||
12 | This Section shall not be construed to prevent any unit of | ||||||
13 | local government
from enacting financial disclosure | ||||||
14 | requirements that mandate
more information
than required by | ||||||
15 | this Act.
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16 | (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
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17 | Section 10. The State Officials and Employees Ethics Act is | ||||||
18 | amended by changing Sections 1-5, 5-10, 5-30, 5-40, 5-45, 15-5, | ||||||
19 | 15-25, 20-5, 20-10, 20-20, 20-21, 20-45, 20-50, 20-55, 20-60, | ||||||
20 | 20-65, 20-70, 20-80, 20-85, 20-90, 20-95, 25-5, 25-20, 25-50, | ||||||
21 | 25-65, 25-95, 35-5, and 50-5 and by adding Sections 20-20a, | ||||||
22 | 20-51, 20-52, 25-20a, 25-51, 25-52, and 50-10 as follows:
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23 | (5 ILCS 430/1-5)
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24 | Sec. 1-5. Definitions. As used in this Act:
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1 | "Appointee" means a person appointed to a position in or | ||||||
2 | with a State
agency, regardless of whether the position is | ||||||
3 | compensated.
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4 | "Campaign for elective office" means any activity in | ||||||
5 | furtherance of an
effort to influence the selection, | ||||||
6 | nomination, election, or appointment of any
individual to any | ||||||
7 | federal, State, or local public office or office in a
political | ||||||
8 | organization, or the selection, nomination, or election
of | ||||||
9 | Presidential or Vice-Presidential electors,
but does not | ||||||
10 | include
activities (i) relating to the support or opposition of | ||||||
11 | any executive,
legislative, or administrative action (as those | ||||||
12 | terms are defined in Section 2
of the Lobbyist Registration | ||||||
13 | Act), (ii) relating to collective bargaining, or
(iii) that are | ||||||
14 | otherwise in furtherance of the person's official State duties.
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15 | "Candidate" means a person who has
filed nominating papers | ||||||
16 | or petitions for nomination or election to an elected
State | ||||||
17 | office, or who has been appointed to fill a vacancy in | ||||||
18 | nomination, and
who remains eligible for placement on the | ||||||
19 | ballot at either a
general primary election or general | ||||||
20 | election.
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21 | "Collective bargaining" has the same meaning as that term | ||||||
22 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
23 | Act.
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24 | "Commission" means an ethics commission created by this | ||||||
25 | Act.
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26 | "Compensated time" means any time worked by or credited to |
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1 | a State employee
that counts
toward any minimum work time | ||||||
2 | requirement imposed as a condition of employment
with a State | ||||||
3 | agency, but does not include any designated State holidays or | ||||||
4 | any
period when the employee is on a
leave of absence.
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5 | "Compensatory time off" means authorized time off earned by | ||||||
6 | or awarded to a
State employee to compensate in whole or in | ||||||
7 | part for time worked in excess of
the minimum work time | ||||||
8 | required
of that employee as a condition of employment with a | ||||||
9 | State agency.
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10 | "Contribution" has the same meaning as that term is defined | ||||||
11 | in Section 9-1.4
of the Election Code.
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12 | "Employee" means (i) any person employed full-time, | ||||||
13 | part-time, or
pursuant to a contract and whose employment | ||||||
14 | duties are subject to the direction
and
control of an employer | ||||||
15 | with regard to the material details of how the work is
to be | ||||||
16 | performed or (ii) any appointed or elected commissioner, | ||||||
17 | trustee, director, or board member of a board of a State | ||||||
18 | agency, including any retirement system or investment board | ||||||
19 | subject to the Illinois Pension Code or (iii) any other | ||||||
20 | appointee.
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21 | "Employment benefits" include but are not limited to the | ||||||
22 | following: modified compensation or benefit terms; compensated | ||||||
23 | time off; or change of title, job duties, or location of office | ||||||
24 | or employment. An employment benefit may also include favorable | ||||||
25 | treatment in determining whether to bring any disciplinary or | ||||||
26 | similar action or favorable treatment during the course of any |
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1 | disciplinary or similar action or other performance review. | ||||||
2 | "Executive branch constitutional officer" means the | ||||||
3 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
4 | State, Comptroller, and Treasurer.
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5 | "Gift" means any gratuity, discount, entertainment, | ||||||
6 | hospitality, loan,
forbearance, or other tangible or | ||||||
7 | intangible item having monetary value
including, but not
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8 | limited to, cash, food and drink, and honoraria for speaking | ||||||
9 | engagements
related to or attributable to government | ||||||
10 | employment or the official position of
an
employee, member, or | ||||||
11 | officer.
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12 | "Governmental entity" means a unit of local government | ||||||
13 | (including a community college district) or a school
district | ||||||
14 | but not a State
agency.
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15 | "Leave of absence" means any period during which a State | ||||||
16 | employee does not
receive (i) compensation for State | ||||||
17 | employment, (ii) service credit towards
State pension | ||||||
18 | benefits, and (iii) health insurance benefits paid for by the
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19 | State.
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20 | "Legislative branch constitutional officer" means a member | ||||||
21 | of the General
Assembly and the Auditor General.
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22 | "Legislative leader" means the President and Minority | ||||||
23 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
24 | House of Representatives.
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25 | "Member" means a member of the General Assembly.
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26 | "Officer" means an executive branch constitutional officer
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1 | or a
legislative branch constitutional officer.
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2 | "Political" means any activity in support
of or in | ||||||
3 | connection with any campaign for elective office or any | ||||||
4 | political
organization, but does not include activities (i) | ||||||
5 | relating to the support or
opposition of any executive, | ||||||
6 | legislative, or administrative action (as those
terms are | ||||||
7 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
8 | relating
to collective bargaining, or (iii) that are
otherwise
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9 | in furtherance of the person's official
State duties or | ||||||
10 | governmental and public service functions.
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11 | "Political organization" means a party, committee, | ||||||
12 | association, fund, or
other organization (whether or not | ||||||
13 | incorporated) that is required to file a
statement of | ||||||
14 | organization with the State Board of Elections or a county | ||||||
15 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
16 | regard to those
activities that require filing with the State | ||||||
17 | Board of Elections or a county
clerk.
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18 | "Prohibited political activity" means:
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19 | (1) Preparing for, organizing, or participating in any
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20 | political meeting, political rally, political | ||||||
21 | demonstration, or other political
event.
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22 | (2) Soliciting contributions, including but not | ||||||
23 | limited to the purchase
of, selling, distributing, or | ||||||
24 | receiving
payment for tickets for any political | ||||||
25 | fundraiser,
political meeting, or other political event.
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26 | (3) Soliciting, planning the solicitation of, or |
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1 | preparing any document or
report regarding any thing of | ||||||
2 | value intended as a campaign contribution.
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3 | (4) Planning, conducting, or participating in a public | ||||||
4 | opinion
poll in connection with a campaign for elective | ||||||
5 | office or on behalf of a
political organization for | ||||||
6 | political purposes or for or against any referendum
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7 | question.
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8 | (5) Surveying or gathering information from potential | ||||||
9 | or actual
voters in an election to determine probable vote | ||||||
10 | outcome in connection with a
campaign for elective office | ||||||
11 | or on behalf of a political organization for
political | ||||||
12 | purposes or for or against any referendum question.
| ||||||
13 | (6) Assisting at the polls on election day on behalf of | ||||||
14 | any
political organization or candidate for elective | ||||||
15 | office or for or against any
referendum
question.
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16 | (7) Soliciting votes on behalf of a candidate for | ||||||
17 | elective office or a
political organization or for or | ||||||
18 | against any referendum question or helping in
an effort to | ||||||
19 | get voters
to the polls.
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20 | (8) Initiating for circulation, preparing, | ||||||
21 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
22 | a candidate for elective office or for or against any | ||||||
23 | referendum
question.
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24 | (9) Making contributions on behalf
of any candidate for | ||||||
25 | elective office in that capacity or in connection with a
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26 | campaign for elective office.
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1 | (10) Preparing or reviewing responses to candidate | ||||||
2 | questionnaires in
connection with a campaign for elective | ||||||
3 | office or on behalf of a political
organization for | ||||||
4 | political purposes.
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5 | (11) Distributing, preparing for distribution, or | ||||||
6 | mailing campaign
literature, campaign signs, or other | ||||||
7 | campaign material on behalf of any
candidate for elective | ||||||
8 | office or for or against any referendum question.
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9 | (12) Campaigning for any elective
office or for or | ||||||
10 | against any referendum question.
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11 | (13) Managing or working on a campaign for elective
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12 | office or for or against any referendum question.
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13 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
14 | political
party convention.
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15 | (15) Participating in any recount or challenge to the | ||||||
16 | outcome of
any election, except to the extent that under | ||||||
17 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
18 | Constitution each house of the General
Assembly shall judge | ||||||
19 | the elections, returns, and qualifications of its members.
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20 | "Prohibited source" means any person or entity who:
| ||||||
21 | (1) is seeking official action (i) by the
member or | ||||||
22 | officer or (ii) in the case of an employee, by
the employee
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23 | or by the
member, officer, State agency, or other employee | ||||||
24 | directing the
employee;
| ||||||
25 | (2) does business or seeks to do business (i) with the
| ||||||
26 | member or officer or (ii) in the case of an employee,
with |
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1 | the
employee or with the member, officer, State agency, or | ||||||
2 | other
employee directing the
employee;
| ||||||
3 | (3) conducts activities regulated (i) by the
member or | ||||||
4 | officer or (ii) in the case of an employee, by
the employee | ||||||
5 | or by the member, officer, State agency, or
other employee | ||||||
6 | directing the employee;
| ||||||
7 | (4) has interests that may be substantially affected by | ||||||
8 | the performance or
non-performance of the official duties | ||||||
9 | of the member, officer, or
employee; or
| ||||||
10 | (5) is registered or required to be registered with the | ||||||
11 | Secretary of State
under the Lobbyist Registration Act, | ||||||
12 | except that an entity not otherwise a
prohibited source | ||||||
13 | does not become a prohibited source merely because a
| ||||||
14 | registered lobbyist is one of its members or serves on its | ||||||
15 | board of
directors ; or | ||||||
16 | (6) is an agent of, a spouse of, or an immediate family | ||||||
17 | member who is living with a "prohibited source" .
| ||||||
18 | "State agency" includes all officers, boards, commissions | ||||||
19 | and agencies
created by the Constitution, whether in the | ||||||
20 | executive or legislative
branch; all officers,
departments, | ||||||
21 | boards, commissions, agencies, institutions, authorities,
| ||||||
22 | public institutions of higher learning as defined in Section 2 | ||||||
23 | of the Higher
Education
Cooperation Act (except community | ||||||
24 | colleges), and bodies politic and corporate of the State; and
| ||||||
25 | administrative
units or corporate outgrowths of the State | ||||||
26 | government which are created by
or pursuant to statute, other |
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1 | than units of local government (including community college | ||||||
2 | districts) and their
officers, school districts, and boards of | ||||||
3 | election commissioners; and all
administrative units and | ||||||
4 | corporate outgrowths of the above and as may be
created by | ||||||
5 | executive order of the Governor. "State agency" includes the | ||||||
6 | General
Assembly, the Senate, the House of Representatives, the | ||||||
7 | President and Minority
Leader of the Senate, the Speaker and | ||||||
8 | Minority Leader of the House of
Representatives, the Senate | ||||||
9 | Operations Commission, and the legislative support
services | ||||||
10 | agencies. "State agency" includes the Office
of the Auditor | ||||||
11 | General. "State agency" does not include the judicial branch.
| ||||||
12 | "State employee" means any employee of a State agency.
| ||||||
13 | "Ultimate jurisdictional
authority" means the following:
| ||||||
14 | (1) For members, legislative partisan staff, and | ||||||
15 | legislative secretaries,
the appropriate
legislative | ||||||
16 | leader: President of the
Senate, Minority Leader of the | ||||||
17 | Senate, Speaker of the House of Representatives,
or | ||||||
18 | Minority Leader of the House of Representatives.
| ||||||
19 | (2) For State employees who are professional staff or | ||||||
20 | employees of the
Senate and not covered under item (1), the | ||||||
21 | Senate Operations Commission.
| ||||||
22 | (3) For State employees who are professional staff or | ||||||
23 | employees of the
House of Representatives and not covered | ||||||
24 | under item (1), the Speaker of the
House of | ||||||
25 | Representatives.
| ||||||
26 | (4) For State employees who are employees of the |
| |||||||
| |||||||
1 | legislative support
services agencies, the Joint Committee | ||||||
2 | on Legislative Support Services.
| ||||||
3 | (5) For State employees of the Auditor General, the | ||||||
4 | Auditor General.
| ||||||
5 | (6) For State employees of public institutions of | ||||||
6 | higher learning as
defined in Section 2 of the Higher | ||||||
7 | Education Cooperation Act (except community colleges), the | ||||||
8 | board of
trustees of the appropriate public institution of | ||||||
9 | higher learning.
| ||||||
10 | (7) For State employees of an executive branch | ||||||
11 | constitutional officer
other than those described in | ||||||
12 | paragraph (6), the
appropriate executive branch | ||||||
13 | constitutional officer.
| ||||||
14 | (8) For State employees not under the jurisdiction of | ||||||
15 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
16 | Governor.
| ||||||
17 | (Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09.)
| ||||||
18 | (5 ILCS 430/5-10)
| ||||||
19 | Sec. 5-10. Ethics training. | ||||||
20 | (a) Each officer, member, and employee
must complete, at | ||||||
21 | least
annually beginning in 2004, an ethics training program | ||||||
22 | conducted by the
appropriate
State agency. Each ultimate | ||||||
23 | jurisdictional authority
must implement an ethics training | ||||||
24 | program for its officers, members, and
employees.
These ethics | ||||||
25 | training programs shall be overseen by the appropriate Ethics
|
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| |||||||
1 | Commission and Inspector
General appointed pursuant to this Act | ||||||
2 | in consultation with the Office of the
Attorney
General.
| ||||||
3 | (b) Each ultimate jurisdictional authority subject to the | ||||||
4 | Executive Ethics Commission shall submit to the Executive | ||||||
5 | Ethics Commission, at least annually, or more frequently as | ||||||
6 | required by that Commission, an annual report that summarizes | ||||||
7 | ethics training that was completed during the previous year, | ||||||
8 | and lays out the plan for the ethics training programs in the | ||||||
9 | coming year. | ||||||
10 | (c) Each Inspector General
shall set standards and
| ||||||
11 | determine the hours and frequency of training necessary for | ||||||
12 | each
position or category of positions. A person who fills a | ||||||
13 | vacancy in an
elective or appointed position that requires | ||||||
14 | training and a person
employed in a position that requires | ||||||
15 | training must complete his or her
initial ethics training | ||||||
16 | within 30 days 6 months after commencement of his or
her office | ||||||
17 | or employment.
| ||||||
18 | (d) Upon completion of the ethics training program, each | ||||||
19 | officer, member, and employee must certify in writing that the | ||||||
20 | person has completed the training program. Each officer, | ||||||
21 | member, and employee must provide to his or her ethics officer | ||||||
22 | a signed copy of the certification by the deadline for | ||||||
23 | completion of the ethics training program. | ||||||
24 | (e) The ethics training provided under this Act by the | ||||||
25 | Secretary of State may be expanded to satisfy the requirement | ||||||
26 | of Section 4.5 of the Lobbyist Registration Act. |
| |||||||
| |||||||
1 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
2 | (5 ILCS 430/5-30)
| ||||||
3 | Sec. 5-30. Prohibited offer or promise. | ||||||
4 | (a)
An officer or employee of the executive or legislative | ||||||
5 | branch or a
candidate for an executive or legislative branch | ||||||
6 | office may not promise
anything of value related to State | ||||||
7 | government, including but not limited to
positions in State | ||||||
8 | government, promotions, or salary increases, other employment | ||||||
9 | benefits, board or commission appointments, favorable | ||||||
10 | treatment in any official or regulatory matter, the awarding of | ||||||
11 | any public contract, or action or inaction on any legislative | ||||||
12 | or regulatory matter, in
consideration for a contribution to a | ||||||
13 | political committee, political party, or
other entity that has | ||||||
14 | as one of its purposes the financial support of a
candidate for | ||||||
15 | elective office.
| ||||||
16 | (b) Any State employee who is requested or directed by an | ||||||
17 | officer, member, or employee of the executive or legislative | ||||||
18 | branch or a candidate for an executive or legislative branch | ||||||
19 | office to engage in activity prohibited by Section 5-30 shall | ||||||
20 | report such request or directive to the appropriate ethics | ||||||
21 | officer or Inspector General. | ||||||
22 | (c) Nothing in this Section prevents the making or | ||||||
23 | accepting of voluntary
contributions otherwise in accordance | ||||||
24 | with law.
| ||||||
25 | (Source: P.A. 93-615, eff. 11-19-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/5-40)
| ||||||
2 | Sec. 5-40. Fundraising in Sangamon County. Except as | ||||||
3 | provided in this
Section, any executive branch constitutional | ||||||
4 | officer, any candidate for an
executive branch constitutional | ||||||
5 | office, any member of the General Assembly,
any candidate for | ||||||
6 | the General Assembly, any political caucus of the General
| ||||||
7 | Assembly, or any political committee on behalf of any of the | ||||||
8 | foregoing may not
hold a political fundraising function in | ||||||
9 | Sangamon County on any day the legislature is
in session (i) | ||||||
10 | during the period beginning February 1 and ending on the later
| ||||||
11 | of the actual adjournment dates
of either house of the spring | ||||||
12 | session and (ii) during fall veto session.
For purposes of this | ||||||
13 | Section, the legislature is not considered to be in
session on | ||||||
14 | a day that is solely a perfunctory session day or on a day when | ||||||
15 | only
a committee is meeting.
| ||||||
16 | During the period beginning June 1 and ending on the first | ||||||
17 | day of fall veto
session each year, this Section does not apply | ||||||
18 | to (i) a member of the General
Assembly whose legislative or | ||||||
19 | representative district is entirely within
Sangamon County or | ||||||
20 | (ii) a candidate for the General Assembly from that
legislative | ||||||
21 | or representative district.
| ||||||
22 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
23 | (5 ILCS 430/5-45)
| ||||||
24 | Sec. 5-45. Procurement; revolving door prohibition.
|
| |||||||
| |||||||
1 | (a) No former officer, member, or State employee, or spouse | ||||||
2 | or
immediate family member living with such person, shall, | ||||||
3 | within a period of one
year immediately after termination of | ||||||
4 | State employment, knowingly accept
employment or receive | ||||||
5 | compensation or fees for services from a person or entity
if | ||||||
6 | the officer, member, or State employee, during the year | ||||||
7 | immediately
preceding termination of State employment, | ||||||
8 | participated personally and
substantially in the decision to | ||||||
9 | award of State contracts , or the issuance of State contract | ||||||
10 | change orders, with a cumulative value
of over $25,000
or more | ||||||
11 | to the person or entity, or its parent or subsidiary.
| ||||||
12 | (b) No former officer of the executive branch or State | ||||||
13 | employee of the
executive branch with regulatory or
licensing | ||||||
14 | authority, or spouse or immediate family member living with | ||||||
15 | such
person, shall, within a period of one year immediately | ||||||
16 | after termination of
State employment, knowingly accept | ||||||
17 | employment or receive compensation or of fees
for services from | ||||||
18 | a person or entity if the officer
or State
employee, during the | ||||||
19 | year immediately preceding
termination of State employment, | ||||||
20 | participated personally and substantially in making made a | ||||||
21 | regulatory or licensing decision that
directly applied to the | ||||||
22 | person or entity, or its parent or subsidiary.
| ||||||
23 | (c) The requirements of this Section may be waived
(i) for | ||||||
24 | the executive
branch, in writing by
the Executive Ethics | ||||||
25 | Commission, (ii) for the
legislative branch, in writing by
the | ||||||
26 | Legislative Ethics Commission, and (iii) for the
Auditor |
| |||||||
| |||||||
1 | General, in writing by the Auditor General.
During the time | ||||||
2 | period from the effective date of this amendatory Act of the
| ||||||
3 | 93rd General Assembly until the Executive Ethics Commission | ||||||
4 | first meets, the
requirements of this Section may be waived in | ||||||
5 | writing by the appropriate
ultimate jurisdictional authority. | ||||||
6 | During the time period from the
effective date of this | ||||||
7 | amendatory Act of the 93rd General Assembly until the
| ||||||
8 | Legislative Ethics Commission first meets, the requirements of | ||||||
9 | this Section may
be waived in writing by the appropriate | ||||||
10 | ultimate jurisdictional authority.
The waiver shall be granted
| ||||||
11 | upon a showing that the
prospective
employment or relationship | ||||||
12 | did not affect the decisions referred to in sections
(a) and | ||||||
13 | (b).
| ||||||
14 | (c) Within 6 months after the effective date of this | ||||||
15 | amendatory Act of the 96th General Assembly, each executive | ||||||
16 | branch constitutional officer and legislative leader, the | ||||||
17 | Auditor General, and the Joint Committee on Legislative Support | ||||||
18 | Services shall adopt a policy delineating which State positions | ||||||
19 | under his or her jurisdiction and control, by the nature of | ||||||
20 | their duties, may have the authority to participate personally | ||||||
21 | and substantially in the award of State contracts or in | ||||||
22 | regulatory or licensing decisions. The Governor shall adopt | ||||||
23 | such a policy for all State employees of the executive branch | ||||||
24 | not under the jurisdiction and control of any other executive | ||||||
25 | branch constitutional officer. (d) This Section applies only to | ||||||
26 | persons who terminate an affected position
on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 93rd General
| ||||||
2 | Assembly.
| ||||||
3 | The policies required under subsection (c) of this Section | ||||||
4 | shall be filed with the appropriate ethics commission | ||||||
5 | established under this Act or, for the Auditor General, with | ||||||
6 | the Office of the Auditor General. | ||||||
7 | (d) Each Inspector General shall have the authority to | ||||||
8 | determine that additional State positions under his or her | ||||||
9 | jurisdiction, not otherwise subject to the policies required by | ||||||
10 | subsection (c) of this Section, are nonetheless subject to the | ||||||
11 | notification requirement of subsection (f) below due to their | ||||||
12 | involvement in the award of State contracts or in regulatory or | ||||||
13 | licensing decisions. | ||||||
14 | (e) The Joint Committee on Legislative Support Services, | ||||||
15 | the Auditor General, and each of the executive branch | ||||||
16 | constitutional officers and legislative leaders subject to | ||||||
17 | subsection (c) of this Section shall provide written | ||||||
18 | notification to all employees in positions subject to the | ||||||
19 | policies required by subsection (c) or a determination made | ||||||
20 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
21 | into the relevant position; and (2) at the time the employee's | ||||||
22 | duties are changed in such a way as to qualify that employee. | ||||||
23 | An employee receiving notification must certify in writing that | ||||||
24 | the person was advised of the prohibition and the requirement | ||||||
25 | to notify the appropriate Inspector General in subsection (f). | ||||||
26 | (f) Any State employee in a position subject to the |
| |||||||
| |||||||
1 | policies required by subsection (c) or to a determination under | ||||||
2 | subsection (d), but who does not fall within the prohibition of | ||||||
3 | subsection (h) below, who is offered non-State employment | ||||||
4 | during State employment or within a period of one year | ||||||
5 | immediately after termination of State employment shall, prior | ||||||
6 | to accepting such non-State employment, notify the appropriate | ||||||
7 | Inspector General. Within 10 calendar days after receiving | ||||||
8 | notification from an employee in a position subject to the | ||||||
9 | policies required by subsection (c), such Inspector General | ||||||
10 | shall make a determination as to whether the State employee is | ||||||
11 | restricted from accepting such employment by subsection (a) or | ||||||
12 | (b). In making a determination, in addition to any other | ||||||
13 | relevant information, an Inspector General shall assess the | ||||||
14 | effect of the prospective employment or relationship upon | ||||||
15 | decisions referred to in subsections (a) and (b), based on the | ||||||
16 | totality of the participation by the former officer, member, or | ||||||
17 | State employee in those decisions. A determination by an | ||||||
18 | Inspector General must be in writing, signed and dated by the | ||||||
19 | Inspector General, and delivered to the subject of the | ||||||
20 | determination within 10 calendar days or the person is deemed | ||||||
21 | eligible for the employment opportunity. For purposes of this | ||||||
22 | subsection, "appropriate Inspector General" means (i) for | ||||||
23 | members and employees of the legislative branch, the | ||||||
24 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
25 | employees of the Office of the Auditor General, the Inspector | ||||||
26 | General provided for in Section 30-5 of this Act; and (iii) for |
| |||||||
| |||||||
1 | executive branch officers and employees, the Inspector General | ||||||
2 | having jurisdiction over the officer or employee. Notice of any | ||||||
3 | determination of an Inspector General and of any such appeal | ||||||
4 | shall be given to the ultimate jurisdictional authority, the | ||||||
5 | Attorney General, and the Executive Ethics Commission. | ||||||
6 | (g) An Inspector General's determination regarding | ||||||
7 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
8 | appropriate Ethics Commission by the person subject to the | ||||||
9 | decision or the Attorney General no later than the 10th | ||||||
10 | calendar day after the date of the determination. | ||||||
11 | On appeal, the Ethics Commission or Auditor General shall | ||||||
12 | seek, accept, and consider written public comments regarding a | ||||||
13 | determination. In deciding whether to uphold an Inspector | ||||||
14 | General's determination, the appropriate Ethics Commission or | ||||||
15 | Auditor General shall assess, in addition to any other relevant | ||||||
16 | information, the effect of the prospective employment or | ||||||
17 | relationship upon the decisions referred to in subsections (a) | ||||||
18 | and (b), based on the totality of the participation by the | ||||||
19 | former officer, member, or State employee in those decisions. | ||||||
20 | The Ethics Commission shall decide whether to uphold an | ||||||
21 | Inspector General's determination within 10 calendar days or | ||||||
22 | the person is deemed eligible for the employment opportunity. | ||||||
23 | (h) The following officers, members, or State employees | ||||||
24 | shall not, within a period of one year immediately after | ||||||
25 | termination of office or State employment, knowingly accept | ||||||
26 | employment or receive compensation or fees for services from a |
| |||||||
| |||||||
1 | person or entity if the person or entity or its parent or | ||||||
2 | subsidiary, during the year immediately preceding termination | ||||||
3 | of State employment, was a party to a State contract or | ||||||
4 | contracts with a cumulative value of $25,000 or more involving | ||||||
5 | the officer, member, or State employee's State agency, or was | ||||||
6 | the subject of a regulatory or licensing decision involving the | ||||||
7 | officer, member, or State employee's State agency, regardless | ||||||
8 | of whether he or she participated personally and substantially | ||||||
9 | in the award of the State contract or contracts or the making | ||||||
10 | of the regulatory or licensing decision in question: | ||||||
11 | (1) members or officers; | ||||||
12 | (2) members of a commission or board created by the | ||||||
13 | Illinois Constitution; | ||||||
14 | (3) persons whose appointment to office is subject to | ||||||
15 | the advice and consent of the Senate; | ||||||
16 | (4) the head of a department, commission, board, | ||||||
17 | division, bureau, authority, or other administrative unit | ||||||
18 | within the government of this State; | ||||||
19 | (5) chief procurement officers, State purchasing | ||||||
20 | officers, and their designees whose duties are directly | ||||||
21 | related to State procurement; and | ||||||
22 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
23 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
24 | governors. | ||||||
25 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/15-5)
| ||||||
2 | Sec. 15-5. Definitions. In this Article:
| ||||||
3 | "Public body" means (1) any officer, member, or State | ||||||
4 | agency; (2) the federal
government; (3) any local law | ||||||
5 | enforcement agency or prosecutorial office; (4)
any
federal or | ||||||
6 | State judiciary, grand or petit jury, law enforcement agency, | ||||||
7 | or
prosecutorial office; and (5) any officer, employee, | ||||||
8 | department, agency, or
other division of any of the foregoing.
| ||||||
9 | "Supervisor" means an officer, a member, or a State | ||||||
10 | employee who has
the authority to direct and control the work | ||||||
11 | performance of a State
employee or who has authority to take | ||||||
12 | corrective action regarding any violation
of a law, rule, or | ||||||
13 | regulation of which the State employee complains.
| ||||||
14 | "Retaliatory action" means the reprimand, discharge, | ||||||
15 | suspension, demotion, or
denial of promotion or transfer , or | ||||||
16 | change of
any State employee in the terms or and conditions
of
| ||||||
17 | employment of any State employee ,
and that is taken in
| ||||||
18 | retaliation for a State employee's involvement in protected | ||||||
19 | activity, as
set forth in Section 15-10.
| ||||||
20 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
21 | (5 ILCS 430/15-25)
| ||||||
22 | Sec. 15-25. Remedies. The State employee may be awarded | ||||||
23 | all remedies
necessary to make
the State employee whole and to | ||||||
24 | prevent future violations of this Article.
The circuit courts | ||||||
25 | of this State shall have jurisdiction to hear cases brought |
| |||||||
| |||||||
1 | under this Article. Remedies imposed by the court may include, | ||||||
2 | but are not limited to, all of the
following:
| ||||||
3 | (1) reinstatement of the employee to either the same | ||||||
4 | position held before
the retaliatory action or to an | ||||||
5 | equivalent position;
| ||||||
6 | (2) 2 times the amount of back pay;
| ||||||
7 | (3) interest on the back pay;
| ||||||
8 | (4) the reinstatement of full fringe benefits and | ||||||
9 | seniority rights;
and
| ||||||
10 | (5) the payment of reasonable costs and attorneys' | ||||||
11 | fees.
| ||||||
12 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 430/20-5)
| ||||||
14 | Sec. 20-5. Executive Ethics Commission.
| ||||||
15 | (a) The Executive Ethics Commission is created.
| ||||||
16 | (b) The Executive Ethics Commission shall consist of 9
| ||||||
17 | commissioners.
The Governor shall appoint 5 commissioners, and | ||||||
18 | the Attorney General, Secretary
of State, Comptroller, and | ||||||
19 | Treasurer shall each appoint one commissioner.
Appointments | ||||||
20 | shall be made by and with the advice and consent of the
Senate | ||||||
21 | by three-fifths of the elected members concurring by record | ||||||
22 | vote.
Any nomination not acted upon by the Senate within 60 | ||||||
23 | session days of the
receipt thereof shall be deemed to have | ||||||
24 | received the advice and consent of
the Senate. If, during a | ||||||
25 | recess of the Senate, there is a vacancy in an office
of |
| |||||||
| |||||||
1 | commissioner, the appointing authority shall make a temporary
| ||||||
2 | appointment until the next meeting of the Senate when the | ||||||
3 | appointing
authority shall make a nomination to fill that | ||||||
4 | office. No person rejected for
an office of commissioner shall, | ||||||
5 | except by the Senate's request, be
nominated again for that | ||||||
6 | office at the same session of the Senate or be
appointed to | ||||||
7 | that office during a recess of that Senate.
No more than 5
| ||||||
8 | commissioners may be of the same
political party.
| ||||||
9 | The terms of the initial commissioners shall commence upon | ||||||
10 | qualification.
Four initial appointees of the Governor, as | ||||||
11 | designated by the Governor, shall
serve terms running through | ||||||
12 | June 30, 2007. One initial appointee of the
Governor, as | ||||||
13 | designated by the Governor, and the initial appointees of the
| ||||||
14 | Attorney General, Secretary of State, Comptroller, and | ||||||
15 | Treasurer shall serve
terms running through June 30, 2008.
The | ||||||
16 | initial appointments shall be made within 60 days
after the | ||||||
17 | effective date of this Act.
| ||||||
18 | After the initial terms, commissioners shall serve for | ||||||
19 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
20 | and running
through June 30 of the fourth following year. | ||||||
21 | Commissioners may be
reappointed to one or more subsequent | ||||||
22 | terms.
| ||||||
23 | Vacancies occurring other than at the end of a term shall | ||||||
24 | be filled
by the appointing authority only for the balance of | ||||||
25 | the
term of the commissioner whose office is vacant.
| ||||||
26 | Terms shall run regardless of whether the position is |
| |||||||
| |||||||
1 | filled.
| ||||||
2 | (c) The appointing authorities shall appoint commissioners | ||||||
3 | who
have experience holding governmental office or employment | ||||||
4 | and shall
appoint commissioners from the general public.
A | ||||||
5 | person is not eligible to
serve as a commissioner if that | ||||||
6 | person (i) has been convicted of a
felony or a crime of | ||||||
7 | dishonesty or moral turpitude, (ii) is, or was
within the | ||||||
8 | preceding 12 months, engaged in activities that
require | ||||||
9 | registration under the Lobbyist Registration Act, (iii) is | ||||||
10 | related
to the appointing authority, or (iv) is a State officer | ||||||
11 | or employee.
| ||||||
12 | (d) The Executive Ethics Commission shall have
| ||||||
13 | jurisdiction over all officers and employees of State agencies | ||||||
14 | other
than the General Assembly, the Senate, the House of | ||||||
15 | Representatives,
the President and Minority Leader of the | ||||||
16 | Senate, the Speaker and
Minority Leader of the House of | ||||||
17 | Representatives, the Senate
Operations Commission, the | ||||||
18 | legislative support services agencies, and
the Office of the | ||||||
19 | Auditor General.
The jurisdiction of the
Commission is limited | ||||||
20 | to matters arising under this Act.
| ||||||
21 | A member or legislative branch State employee serving on an | ||||||
22 | executive branch board or commission remains subject to the | ||||||
23 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
24 | subject to the jurisdiction of the Executive Ethics Commission. | ||||||
25 | (d-5) The Executive Ethics Commission shall have | ||||||
26 | jurisdiction over all chief procurement officers and |
| |||||||
| |||||||
1 | procurement compliance monitors and their respective staffs. | ||||||
2 | The Executive Ethics Commission shall have jurisdiction over | ||||||
3 | any matters arising under the Illinois Procurement Code if the | ||||||
4 | Commission is given explicit authority in that Code. | ||||||
5 | (e) The Executive Ethics Commission must meet, either
in | ||||||
6 | person or by other technological means, at least monthly and as
| ||||||
7 | often as necessary. At the first meeting of the Executive
| ||||||
8 | Ethics Commission, the commissioners shall choose from their
| ||||||
9 | number a chairperson and other officers that they deem | ||||||
10 | appropriate.
The terms of officers shall be for 2 years | ||||||
11 | commencing July 1 and
running through June 30 of the second | ||||||
12 | following year. Meetings shall be held at
the call
of the | ||||||
13 | chairperson or any 3 commissioners. Official action by the
| ||||||
14 | Commission shall require the affirmative vote of 5 | ||||||
15 | commissioners, and
a quorum shall consist of 5 commissioners. | ||||||
16 | Commissioners shall receive
compensation in an amount equal to | ||||||
17 | the compensation of members of the State
Board of Elections and | ||||||
18 | may be
reimbursed for their reasonable expenses actually | ||||||
19 | incurred in the
performance of their duties.
| ||||||
20 | (f) No commissioner or employee of the Executive
Ethics | ||||||
21 | Commission may during his or her term of appointment or | ||||||
22 | employment:
| ||||||
23 | (1) become a candidate for any elective office;
| ||||||
24 | (2) hold any other elected or appointed public office | ||||||
25 | except for
appointments on governmental advisory boards or | ||||||
26 | study commissions or as
otherwise expressly authorized by |
| |||||||
| |||||||
1 | law;
| ||||||
2 | (3) be actively involved in the affairs of any | ||||||
3 | political party or
political
organization; or
| ||||||
4 | (4) advocate for the appointment of another person to | ||||||
5 | an appointed or elected office or position or actively | ||||||
6 | participate in any campaign for any elective office.
| ||||||
7 | (g) An appointing authority may remove a commissioner only | ||||||
8 | for cause.
| ||||||
9 | (h) The Executive Ethics Commission shall appoint an | ||||||
10 | Executive Director. The
compensation of the Executive Director | ||||||
11 | shall be as determined by the Commission
or by the Compensation | ||||||
12 | Review Board, whichever amount is higher . The Executive
| ||||||
13 | Director of the Executive Ethics Commission may employ and | ||||||
14 | determine the
compensation of staff, as appropriations permit.
| ||||||
15 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
16 | majority of the members appointed to the Commission, chief | ||||||
17 | procurement officers and procurement compliance monitors in | ||||||
18 | accordance with the provisions of the Illinois Procurement | ||||||
19 | Code. The compensation of a chief procurement officer and | ||||||
20 | procurement compliance monitor shall be determined by the | ||||||
21 | Commission. | ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
23 | (5 ILCS 430/20-10)
| ||||||
24 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
25 | (a) Five independent Offices of the Executive Inspector |
| |||||||
| |||||||
1 | General are
created,
one each for the Governor, the Attorney | ||||||
2 | General, the Secretary of State, the
Comptroller, and the | ||||||
3 | Treasurer. Each Office shall be under the direction and
| ||||||
4 | supervision
of an Executive Inspector General and shall be a | ||||||
5 | fully independent office with
separate
appropriations.
| ||||||
6 | (b) The Governor, Attorney General, Secretary of State, | ||||||
7 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
8 | Inspector General, without regard to
political affiliation and | ||||||
9 | solely on the basis of integrity and
demonstrated ability.
| ||||||
10 | Appointments shall be made by and with the advice and consent | ||||||
11 | of the
Senate by three-fifths of the elected members concurring | ||||||
12 | by record vote.
Any nomination not acted upon by the Senate | ||||||
13 | within 60 session days of the
receipt thereof shall be deemed | ||||||
14 | to have received the advice and consent of
the Senate. If, | ||||||
15 | during a recess of the Senate, there is a vacancy in an office
| ||||||
16 | of Executive Inspector General, the appointing authority shall | ||||||
17 | make a
temporary appointment until the next meeting of the | ||||||
18 | Senate when the
appointing authority shall make a nomination to | ||||||
19 | fill that office. No person
rejected for an office of Executive | ||||||
20 | Inspector General shall, except by the
Senate's request, be | ||||||
21 | nominated again for that office at the same session of
the | ||||||
22 | Senate or be appointed to that office during a recess of that | ||||||
23 | Senate.
| ||||||
24 | Nothing in this Article precludes the appointment by the | ||||||
25 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
26 | or Treasurer of any other inspector general
required or
|
| |||||||
| |||||||
1 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
2 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
3 | inspector general as the Executive Inspector
General
required | ||||||
4 | by this
Article, provided that such an inspector general is not | ||||||
5 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
6 | interest from serving as the Executive
Inspector General
| ||||||
7 | required by
this Article.
An appointing authority may not | ||||||
8 | appoint a relative as an Executive Inspector
General.
| ||||||
9 | Each Executive 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 term of each initial Executive Inspector General shall
| ||||||
24 | commence upon qualification and shall run through June 30, | ||||||
25 | 2008. The
initial appointments shall be made within 60 days | ||||||
26 | after the effective
date of this Act.
|
| |||||||
| |||||||
1 | After the initial term, each Executive Inspector General | ||||||
2 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
3 | of appointment
and running through June 30 of the fifth | ||||||
4 | following year. An
Executive Inspector General may be | ||||||
5 | reappointed to one or more
subsequent terms.
| ||||||
6 | A vacancy occurring other than at the end of a term shall | ||||||
7 | be filled
by the appointing authority only for the balance of | ||||||
8 | the term of the Executive
Inspector General whose office is | ||||||
9 | vacant.
| ||||||
10 | Terms shall run regardless of whether the position is | ||||||
11 | filled.
| ||||||
12 | (c) The Executive Inspector General appointed by the | ||||||
13 | Attorney General shall
have jurisdiction over the Attorney | ||||||
14 | General and all officers and employees of,
and vendors and | ||||||
15 | others doing business with,
State agencies within the | ||||||
16 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
17 | General appointed by the Secretary of State shall have | ||||||
18 | jurisdiction
over the Secretary of State and all officers and | ||||||
19 | employees of, and vendors and
others doing business with, State | ||||||
20 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
21 | Executive Inspector General
appointed by the Comptroller shall | ||||||
22 | have jurisdiction over the Comptroller and
all officers and | ||||||
23 | employees of, and vendors and others doing business with,
State | ||||||
24 | agencies within the jurisdiction of the Comptroller. The
| ||||||
25 | Executive Inspector General appointed by the Treasurer shall | ||||||
26 | have jurisdiction
over the Treasurer and all officers and |
| |||||||
| |||||||
1 | employees of, and vendors and others
doing business with, State | ||||||
2 | agencies within the jurisdiction
of the Treasurer. The | ||||||
3 | Executive Inspector General appointed by the Governor
shall | ||||||
4 | have jurisdiction over the Governor, the Lieutenant Governor, | ||||||
5 | and all
officers and employees of, and vendors and others doing | ||||||
6 | business with,
executive branch State agencies under the | ||||||
7 | jurisdiction of the
Executive Ethics Commission and not within | ||||||
8 | the jurisdiction of the
Attorney
General, the Secretary of | ||||||
9 | State, the Comptroller, or the Treasurer.
| ||||||
10 | The jurisdiction of each Executive Inspector General is to | ||||||
11 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
12 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
13 | violations of this Act or violations of other related
laws and | ||||||
14 | rules.
| ||||||
15 | (d) The minimum compensation for each Executive Inspector | ||||||
16 | General shall be
determined by the Executive Ethics Commission | ||||||
17 | and shall be made from appropriations made to the Comptroller | ||||||
18 | for this purpose . The actual compensation for each
Executive | ||||||
19 | Inspector General shall be determined by the appointing | ||||||
20 | executive
branch
constitutional officer and must be at or above | ||||||
21 | the minimum compensation level
set by
the Executive Ethics | ||||||
22 | Commission. Subject to Section 20-45 of this Act, each
| ||||||
23 | Executive Inspector General has full
authority
to organize his | ||||||
24 | or her Office of the Executive Inspector General, including the
| ||||||
25 | employment and determination of the compensation of staff, such | ||||||
26 | as deputies,
assistants, and other employees, as |
| |||||||
| |||||||
1 | appropriations permit. A separate
appropriation
shall be made | ||||||
2 | for each Office of Executive Inspector General.
| ||||||
3 | (e) No Executive Inspector General or employee of the | ||||||
4 | Office of
the Executive Inspector General may, during his or | ||||||
5 | her term of appointment or
employment:
| ||||||
6 | (1) become a candidate for any elective office;
| ||||||
7 | (2) hold any other elected or appointed public office
| ||||||
8 | except for appointments on governmental advisory boards
or | ||||||
9 | study commissions or as otherwise expressly authorized by | ||||||
10 | law;
| ||||||
11 | (3) be actively involved in the affairs of any | ||||||
12 | political party or
political organization; or
| ||||||
13 | (4) advocate for the appointment of another person to | ||||||
14 | an appointed or elected office or position or actively | ||||||
15 | participate in any campaign for any
elective office.
| ||||||
16 | In this subsection an appointed public office means a | ||||||
17 | position authorized by
law that is filled by an appointing | ||||||
18 | authority as provided by law and does not
include employment by | ||||||
19 | hiring in the ordinary course of business.
| ||||||
20 | (e-1) No Executive Inspector General or employee of the | ||||||
21 | Office of the
Executive Inspector General may, for one year | ||||||
22 | after the termination of his or
her appointment or employment:
| ||||||
23 | (1) become a candidate for any elective office;
| ||||||
24 | (2) hold any elected public office; or
| ||||||
25 | (3) hold any appointed State, county, or local judicial | ||||||
26 | office.
|
| |||||||
| |||||||
1 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
2 | be waived by the
Executive Ethics Commission.
| ||||||
3 | (f) An Executive Inspector General may be removed only for | ||||||
4 | cause and may
be removed only by the appointing constitutional | ||||||
5 | officer. At the time of the
removal,
the appointing | ||||||
6 | constitutional officer must report to the Executive Ethics
| ||||||
7 | Commission the
justification for the
removal.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
9 | (5 ILCS 430/20-20)
| ||||||
10 | Sec. 20-20. Duties of the Executive Inspectors
General. In | ||||||
11 | addition to duties otherwise assigned by law,
each Executive | ||||||
12 | Inspector General shall have the following duties:
| ||||||
13 | (1) To receive and investigate allegations of | ||||||
14 | violations of this
Act. The
Executive Inspector General may | ||||||
15 | receive information through the
Office of any Executive | ||||||
16 | Inspector General or
through an ethics commission.
An | ||||||
17 | investigation may be conducted only in response
to | ||||||
18 | information reported to the Executive Inspector General
as | ||||||
19 | provided in this Section and not upon his or her own | ||||||
20 | prerogative.
Allegations may not be made anonymously. An | ||||||
21 | investigation may not be initiated
more than one year after | ||||||
22 | the most recent act of the alleged violation or of a
series | ||||||
23 | of alleged violations except where there is reasonable | ||||||
24 | cause to believe
that fraudulent concealment has occurred. | ||||||
25 | To constitute fraudulent concealment
sufficient to toll |
| |||||||
| |||||||
1 | this limitations period, there must be an affirmative act | ||||||
2 | or
representation calculated to prevent discovery of the | ||||||
3 | fact that a violation has
occurred. The
Executive Inspector | ||||||
4 | General shall have the discretion to determine the
| ||||||
5 | appropriate means of investigation as permitted by law.
| ||||||
6 | (2) To request information relating to an | ||||||
7 | investigation from any
person when the Executive Inspector | ||||||
8 | General deems that information necessary in
conducting an | ||||||
9 | investigation.
| ||||||
10 | (3) To issue subpoenas
to compel the attendance of | ||||||
11 | witnesses for the
purposes of testimony and production of | ||||||
12 | documents and other items for
inspection and copying and to | ||||||
13 | make service of those subpoenas and subpoenas
issued under | ||||||
14 | item (7) of Section 20-15.
| ||||||
15 | (4) To submit reports as required by this Act.
| ||||||
16 | (5) To file
pleadings in the name of
the Executive | ||||||
17 | Inspector General with the Executive Ethics
Commission, | ||||||
18 | through the Attorney General, as provided in this Article | ||||||
19 | if the
Attorney General finds that reasonable cause exists | ||||||
20 | to believe that a violation
has
occurred.
| ||||||
21 | (6) To assist and coordinate the ethics officers
for | ||||||
22 | State agencies under the jurisdiction of the
Executive | ||||||
23 | Inspector General and to work with those ethics officers.
| ||||||
24 | (7) To participate in or conduct, when appropriate, | ||||||
25 | multi-jurisdictional
investigations.
| ||||||
26 | (8) To request, as the Executive Inspector General |
| |||||||
| |||||||
1 | deems appropriate, from
ethics officers
of State agencies | ||||||
2 | under his or her jurisdiction, reports or information
on | ||||||
3 | (i) the content of a State agency's ethics
training program | ||||||
4 | and (ii) the percentage of new officers and
employees who | ||||||
5 | have completed ethics training.
| ||||||
6 | (9) To review hiring and employment files of each State | ||||||
7 | agency within the Executive Inspector General's | ||||||
8 | jurisdiction to ensure compliance with Rutan v. Republican | ||||||
9 | Party of Illinois, 497 U.S. 62 (1990), and with all | ||||||
10 | applicable employment laws. | ||||||
11 | (10) To establish a policy that ensures the appropriate | ||||||
12 | handling and correct recording of all investigations | ||||||
13 | conducted by the Office, and to ensure that the policy is | ||||||
14 | accessible via the Internet in order that those seeking to | ||||||
15 | report those allegations are familiar with the process and | ||||||
16 | that the subjects of those allegations are treated fairly. | ||||||
17 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
18 | (5 ILCS 430/20-20a new)
| ||||||
19 | Sec. 20-20a. Attorney General investigatory authority. In | ||||||
20 | addition to investigatory authority otherwise granted by law, | ||||||
21 | the Attorney General shall have the authority to investigate | ||||||
22 | violations of this Act pursuant to Section 20-50 or Section | ||||||
23 | 20-51 of this Act after receipt of notice from the Executive | ||||||
24 | Ethics Commission or pursuant to Section 5-45. The Attorney | ||||||
25 | General shall have the discretion to determine the appropriate |
| |||||||
| |||||||
1 | means of investigation as permitted by law, including (i) the | ||||||
2 | request of information relating to an investigation from any | ||||||
3 | person when the Attorney General deems that information | ||||||
4 | necessary in conducting an investigation; and (ii) the issuance | ||||||
5 | of subpoenas to compel the attendance of witnesses for the | ||||||
6 | purposes of sworn testimony and production of documents and | ||||||
7 | other items for inspection and copying and the service of those | ||||||
8 | subpoenas. | ||||||
9 | Nothing in this Section shall be construed as granting the | ||||||
10 | Attorney General the authority to investigate alleged | ||||||
11 | misconduct pursuant to notice received under Section 20-50 or | ||||||
12 | Section 20-51 of this Act, if the information contained in the | ||||||
13 | notice indicates that the alleged misconduct was minor in | ||||||
14 | nature. As used in this Section, misconduct that is "minor in | ||||||
15 | nature" means misconduct that was a violation of office, | ||||||
16 | agency, or department policy and not of this Act or any other | ||||||
17 | civil or criminal law.
| ||||||
18 | (5 ILCS 430/20-21)
| ||||||
19 | Sec. 20-21. Special Executive Inspectors General.
| ||||||
20 | (a) The Executive Ethics Commission, on its own initiative | ||||||
21 | and by majority
vote,
may appoint special Executive Inspectors | ||||||
22 | General (i) to investigate alleged
violations of this Act if
an | ||||||
23 | investigation by the Inspector General was not concluded within | ||||||
24 | 6 months
after its
initiation, where the Commission finds that | ||||||
25 | the Inspector General's reasons
under Section 20-65 for failing |
| |||||||
| |||||||
1 | to complete the investigation are insufficient ,
and (ii) to | ||||||
2 | accept referrals from the Commission of allegations made | ||||||
3 | pursuant
to this Act concerning an Executive Inspector General | ||||||
4 | or employee of an Office
of an Executive Inspector General and | ||||||
5 | to investigate those allegations , (iii) to investigate matters | ||||||
6 | within the jurisdiction of an Executive Inspector General if an | ||||||
7 | Executive Inspector General (including his or her employees) | ||||||
8 | could be reasonably deemed to be a wrongdoer or suspect, or if | ||||||
9 | in the determination of the Commission, an investigation | ||||||
10 | presents real or apparent conflicts of interest for the Office | ||||||
11 | of the Executive Inspector General, and (iv) to investigate | ||||||
12 | alleged violations of this Act pursuant to Section 20-50 and | ||||||
13 | Section 20-51 .
| ||||||
14 | (b) A special Executive Inspector General must have the | ||||||
15 | same qualifications
as an Executive Inspector General | ||||||
16 | appointed under Section 20-10.
| ||||||
17 | (c) The Commission's appointment of a special Executive | ||||||
18 | Inspector General
must be in writing and must specify the | ||||||
19 | duration and purpose of the
appointment.
| ||||||
20 | (d) A special Executive Inspector General shall have the | ||||||
21 | same powers and
duties
with respect to the purpose of his or | ||||||
22 | her appointment as an Executive
Inspector General appointed | ||||||
23 | under Section 20-10.
| ||||||
24 | (e) A special Executive
Inspector
General shall report the | ||||||
25 | findings of his or her investigation to the
Commission.
| ||||||
26 | (f) The Commission may report the findings of a special |
| |||||||
| |||||||
1 | Executive Inspector
General and its recommendations, if any, to | ||||||
2 | the appointing authority of the
appropriate Executive | ||||||
3 | Inspector General.
| ||||||
4 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
5 | (5 ILCS 430/20-45)
| ||||||
6 | Sec. 20-45. Standing; representation.
| ||||||
7 | (a) With the exception of a person appealing an Inspector | ||||||
8 | General's determination under Section 5-45 of this Act or under | ||||||
9 | applicable provisions of the Illinois Procurement Code, only | ||||||
10 | Only an Executive Inspector General or the Attorney General may | ||||||
11 | bring actions before the
Executive Ethics Commission.
The | ||||||
12 | Attorney General may bring actions before the Executive Ethics | ||||||
13 | Commission upon receipt of notice pursuant to Section 5-50 or | ||||||
14 | Section 5-51 or pursuant to Section 5-45.
| ||||||
15 | (b) With the exception of Section 5-45, the The Attorney | ||||||
16 | General shall represent an Executive Inspector General in
all | ||||||
17 | proceedings before the
Commission.
Whenever the Attorney | ||||||
18 | General is sick or
absent, or unable to attend, or is | ||||||
19 | interested in any matter or
proceeding under this Act, upon the | ||||||
20 | filing of a petition under seal by any
person with standing,
| ||||||
21 | the Supreme Court (or any other court of competent jurisdiction | ||||||
22 | as designated
and determined by rule of the Supreme Court) may | ||||||
23 | appoint
some competent attorney to prosecute or defend that | ||||||
24 | matter or proceeding, and
the attorney so appointed shall have | ||||||
25 | the same
power and authority in relation to
that matter or |
| |||||||
| |||||||
1 | proceeding as the
Attorney General would have had if present | ||||||
2 | and
attending to the same.
| ||||||
3 | (c) Attorneys representing an Inspector General in
| ||||||
4 | proceedings before the Executive Ethics Commission, except an | ||||||
5 | attorney
appointed under subsection (b),
shall be appointed or | ||||||
6 | retained by the Attorney General, shall
be under the | ||||||
7 | supervision, direction, and control of the Attorney General, | ||||||
8 | and
shall serve at the pleasure of the Attorney General. The | ||||||
9 | compensation of any
attorneys appointed or retained in | ||||||
10 | accordance
with this subsection or subsection (b) shall be paid | ||||||
11 | by the appropriate Office
of the Executive
Inspector General.
| ||||||
12 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 430/20-50)
| ||||||
14 | Sec. 20-50. Investigation reports ; complaint procedure .
| ||||||
15 | (a) If an Executive Inspector General, upon the conclusion | ||||||
16 | of an
investigation, determines that reasonable cause exists to | ||||||
17 | believe that a
violation
has occurred, then
the Executive | ||||||
18 | Inspector General shall issue a summary report of the
| ||||||
19 | investigation. The report shall be delivered to the
appropriate | ||||||
20 | ultimate jurisdictional
authority and to the head of each State
| ||||||
21 | agency
affected by or involved in the investigation, if | ||||||
22 | appropriate. The appropriate ultimate jurisdictional authority | ||||||
23 | or agency head shall respond to the summary report within 20 | ||||||
24 | days, in writing, to the Executive Inspector General. The | ||||||
25 | response shall include a description of any corrective or |
| |||||||
| |||||||
1 | disciplinary action to be imposed.
| ||||||
2 | (b) The summary report of the investigation shall include | ||||||
3 | the following:
| ||||||
4 | (1) A description of any allegations or other | ||||||
5 | information
received by the Executive Inspector General | ||||||
6 | pertinent to the
investigation.
| ||||||
7 | (2) A description of any alleged misconduct discovered | ||||||
8 | in the
course of the investigation.
| ||||||
9 | (3) Recommendations for any corrective or disciplinary
| ||||||
10 | action to be taken in response to any alleged misconduct | ||||||
11 | described in the
report, including but not limited to | ||||||
12 | discharge.
| ||||||
13 | (4) Other information the Executive Inspector General
| ||||||
14 | deems relevant to the investigation or resulting | ||||||
15 | recommendations.
| ||||||
16 | (c) Within 30 days after receiving a response from the | ||||||
17 | appropriate ultimate jurisdictional authority or agency head | ||||||
18 | Not less than 30 days after delivery of the summary report of
| ||||||
19 | an
investigation under subsection (a),
the Executive Inspector | ||||||
20 | General shall notify the Commission and the Attorney General if | ||||||
21 | the Executive Inspector General believes that a complaint | ||||||
22 | should be filed with the Commission. If if the Executive | ||||||
23 | Inspector General desires to file a petition for leave to file
| ||||||
24 | a
complaint with the Commission , the Executive Inspector | ||||||
25 | General shall submit the summary report and supporting | ||||||
26 | documents to notify the Commission and the
Attorney General. If |
| |||||||
| |||||||
1 | the Attorney General concludes that there is insufficient | ||||||
2 | evidence that a violation has occurred, the Attorney General | ||||||
3 | shall notify the Executive Inspector General and the Executive | ||||||
4 | Inspector General shall deliver to the Executive Ethics | ||||||
5 | Commission a copy of the summary report and response from the | ||||||
6 | ultimate jurisdictional authority or agency head.
If the | ||||||
7 | Attorney General determines
that reasonable cause exists to | ||||||
8 | believe that a violation has occurred, then the
Executive | ||||||
9 | Inspector
General, represented by the Attorney
General, may | ||||||
10 | file with the Executive Ethics Commission a petition for
leave | ||||||
11 | to file a complaint.
The complaint petition shall set
forth the | ||||||
12 | alleged violation and the
grounds that exist to support the | ||||||
13 | complaint petition . The petition for leave to
file a complaint | ||||||
14 | must be filed with the Commission within 18 months
after the | ||||||
15 | most recent act of the
alleged violation or of a series of | ||||||
16 | alleged violations
except where there is reasonable cause to | ||||||
17 | believe
that fraudulent concealment has occurred. To | ||||||
18 | constitute fraudulent concealment
sufficient to toll this | ||||||
19 | limitations period, there must be an affirmative act or
| ||||||
20 | representation calculated to prevent discovery of the fact that | ||||||
21 | a violation has
occurred.
If a petition for leave to file a | ||||||
22 | complaint is not filed with the Commission
within 6 months | ||||||
23 | after notice by the Inspector General to the Commission and the
| ||||||
24 | Attorney General, then the Commission may set a meeting of the | ||||||
25 | Commission at
which the Attorney General shall appear and | ||||||
26 | provide a status
report to the Commission.
|
| |||||||
| |||||||
1 | (c-5) Within 30 days after receiving a response from the | ||||||
2 | appropriate ultimate jurisdictional authority or agency head | ||||||
3 | under subsection (a), if the Executive Inspector General does | ||||||
4 | not believe that a complaint should be filed, the Executive | ||||||
5 | Inspector General shall deliver to the Executive Ethics | ||||||
6 | Commission a statement setting forth the basis for the decision | ||||||
7 | not to file a complaint and a copy of the summary report and | ||||||
8 | response from the ultimate jurisdictional authority or agency | ||||||
9 | head. An Inspector General may also submit a redacted version | ||||||
10 | of the summary report and response from the ultimate | ||||||
11 | jurisdictional authority if the Inspector General believes | ||||||
12 | either contains information that, in the opinion of the | ||||||
13 | Inspector General, should be redacted prior to releasing the | ||||||
14 | report, may interfere with an ongoing investigation, or | ||||||
15 | identifies an informant or complainant. | ||||||
16 | (c-10) If, after reviewing the documents, the Commission | ||||||
17 | believes that further investigation is warranted, the | ||||||
18 | Commission may request that the Executive Inspector General | ||||||
19 | provide additional information or conduct further | ||||||
20 | investigation. The Commission may also appoint a Special | ||||||
21 | Executive Inspector General to investigate or refer the summary | ||||||
22 | report and response from the ultimate jurisdictional authority | ||||||
23 | to the Attorney General for further investigation or review. If | ||||||
24 | the Commission requests the Attorney General to investigate or | ||||||
25 | review, the Commission must notify the Attorney General and the | ||||||
26 | Inspector General. The Attorney General may not begin an |
| |||||||
| |||||||
1 | investigation or review until receipt of notice from the | ||||||
2 | Commission.
If, after review, the Attorney General determines | ||||||
3 | that reasonable cause exists to believe that a violation has | ||||||
4 | occurred, then the Attorney General may file a complaint with | ||||||
5 | the Executive Ethics Commission. If the Attorney General | ||||||
6 | concludes that there is insufficient evidence that a violation | ||||||
7 | has occurred, the Attorney General shall notify the Executive | ||||||
8 | Ethics Commission and the appropriate Executive Inspector | ||||||
9 | General. | ||||||
10 | (d) A copy of the complaint filed with the Executive Ethics | ||||||
11 | Commission petition must be served on all respondents named in | ||||||
12 | the
complaint and on each respondent's ultimate jurisdictional | ||||||
13 | authority in
the same manner as process is served under the | ||||||
14 | Code of Civil
Procedure.
| ||||||
15 | (e) A respondent may file objections to the petition for | ||||||
16 | leave to
file a complaint within 30 days after notice of the | ||||||
17 | petition has been
served on the respondent.
| ||||||
18 | (f) The Commission shall meet, either in person or by | ||||||
19 | telephone, at least 30 days after the complaint is served on | ||||||
20 | all respondents
in a closed session to review the sufficiency | ||||||
21 | of the complaint.
If the Commission finds that complaint is | ||||||
22 | sufficient, the Commission shall
grant the petition for leave | ||||||
23 | to file the
complaint.
The Commission shall
issue notice by | ||||||
24 | certified mail, return receipt requested, to the Executive | ||||||
25 | Inspector General , Attorney General, and all respondents of
the | ||||||
26 | Commission's ruling on the sufficiency of the complaint. If the |
| |||||||
| |||||||
1 | complaint
is deemed to
sufficiently allege a violation of this | ||||||
2 | Act, then the Commission shall notify
the parties and shall
| ||||||
3 | include a hearing date scheduled within 4 weeks after the date | ||||||
4 | of the notice,
unless all of the parties consent to a later | ||||||
5 | date.
If the complaint is deemed not to sufficiently allege a
| ||||||
6 | violation, then
the Commission shall send by certified mail, | ||||||
7 | return receipt requested,
a notice to the Executive Inspector | ||||||
8 | General, Attorney General, and all respondents the parties of | ||||||
9 | the decision to dismiss the complaint.
| ||||||
10 | (g) On the scheduled date
the Commission shall conduct a | ||||||
11 | closed meeting,
either in person or, if the parties consent, by | ||||||
12 | telephone, on the complaint and
allow all
parties the | ||||||
13 | opportunity to present testimony and evidence.
All such | ||||||
14 | proceedings shall be transcribed.
| ||||||
15 | (h) Within an appropriate time limit set by rules of the | ||||||
16 | Executive
Ethics Commission, the Commission shall (i) dismiss | ||||||
17 | the
complaint , or (ii) issue a recommendation of discipline to | ||||||
18 | the
respondent and the respondent's ultimate jurisdictional | ||||||
19 | authority , (iii) or
impose an administrative fine upon the | ||||||
20 | respondent, (iv) issue injunctive relief as described in | ||||||
21 | Section 50-10, or (v) impose a combination of (ii) through (iv) | ||||||
22 | or both .
| ||||||
23 | (i) The proceedings on any complaint filed with the | ||||||
24 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
25 | the Commission.
| ||||||
26 | (j) The Commission may designate hearing officers
to |
| |||||||
| |||||||
1 | conduct proceedings as determined by rule of the Commission.
| ||||||
2 | (k) In all proceedings before the Commission, the standard | ||||||
3 | of
proof is by a preponderance of the evidence.
| ||||||
4 | (l) Within 30 days after the issuance of a final | ||||||
5 | administrative decision that concludes that a violation | ||||||
6 | occurred, the Executive Ethics Commission shall make public the | ||||||
7 | entire record of proceedings before the Commission, the | ||||||
8 | decision, any recommendation, any discipline imposed, and the | ||||||
9 | response from the agency head or ultimate jurisdictional | ||||||
10 | authority to the Executive Ethics Commission. When the | ||||||
11 | Inspector General concludes that there is insufficient
| ||||||
12 | evidence that a violation has occurred, the Inspector General | ||||||
13 | shall close the
investigation. At the request of the subject of | ||||||
14 | the investigation, the
Inspector
General shall provide a | ||||||
15 | written statement to the subject of the investigation
and to | ||||||
16 | the Commission of
the Inspector General's decision to close the | ||||||
17 | investigation. Closure by the
Inspector General does not bar | ||||||
18 | the Inspector General from resuming the
investigation if | ||||||
19 | circumstances warrant.
| ||||||
20 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
21 | (5 ILCS 430/20-51 new) | ||||||
22 | Sec. 20-51. Closed investigations. When the Inspector | ||||||
23 | General concludes that there is insufficient evidence that a | ||||||
24 | violation has occurred, the Inspector General shall close the | ||||||
25 | investigation. The Inspector General shall provide the |
| |||||||
| |||||||
1 | Commission with a written statement of the Inspector General's | ||||||
2 | decision to close the investigation. At the request of the | ||||||
3 | subject of the investigation, the Inspector General shall | ||||||
4 | provide a written statement to the subject of the investigation | ||||||
5 | of the Inspector General's decision to close the investigation. | ||||||
6 | Closure by the Inspector General does not bar the Inspector | ||||||
7 | General from resuming the investigation if circumstances | ||||||
8 | warrant. The Commission also has the discretion to request that | ||||||
9 | the Executive Inspector General conduct further investigation | ||||||
10 | of any matter closed pursuant to this Section, to appoint a | ||||||
11 | Special Executive Inspector General to investigate,
or to refer | ||||||
12 | the allegations to the Attorney General for further | ||||||
13 | investigation or review. If the Commission requests the | ||||||
14 | Attorney General to investigate or review, the Commission must | ||||||
15 | notify the Attorney General and the Inspector General. The | ||||||
16 | Attorney General may not begin an investigation or review until | ||||||
17 | receipt of notice from the Commission.
| ||||||
18 | (5 ILCS 430/20-52 new) | ||||||
19 | Sec. 20-52. Release of summary reports. | ||||||
20 | (a) Within 60 days after receipt of a summary report and | ||||||
21 | response from the ultimate jurisdictional authority or agency | ||||||
22 | head that resulted in a suspension of at least 3 days or | ||||||
23 | termination of employment, the Executive Ethics Commission | ||||||
24 | shall make available to the public the report and response or a | ||||||
25 | redacted version of the report and response. The Executive |
| |||||||
| |||||||
1 | Ethics Commission may make available to the public any other | ||||||
2 | summary report and response of the ultimate jurisdictional | ||||||
3 | authority or agency head or a redacted version of the report | ||||||
4 | and response. | ||||||
5 | (b) The Commission shall redact information in the summary | ||||||
6 | report that may reveal the identity of witnesses, complainants, | ||||||
7 | or informants or if the Commission determines it is appropriate | ||||||
8 | to protect the identity of a person before the report is made | ||||||
9 | public. The Commission may also redact any information it | ||||||
10 | believes should not be made public. Prior to publication, the | ||||||
11 | Commission shall permit the respondents, Inspector General, | ||||||
12 | and Attorney General to review documents to be made public and | ||||||
13 | offer suggestions for redaction or provide a response that | ||||||
14 | shall be made public with the summary report. | ||||||
15 | (c) The Commission may withhold publication of the report | ||||||
16 | or response if the Executive Inspector General or Attorney | ||||||
17 | General certifies that releasing the report to the public will | ||||||
18 | interfere with an ongoing investigation.
| ||||||
19 | (5 ILCS 430/20-55)
| ||||||
20 | Sec. 20-55. Decisions; recommendations.
| ||||||
21 | (a) All decisions of the Executive Ethics Commission
must | ||||||
22 | include a description of the alleged misconduct, the decision | ||||||
23 | of
the Commission, including any fines levied and any | ||||||
24 | recommendation
of discipline, and the reasoning for that | ||||||
25 | decision. All decisions of the
Commission shall be delivered to |
| |||||||
| |||||||
1 | the head of the appropriate State
agency, the appropriate | ||||||
2 | ultimate jurisdictional authority, and the
appropriate | ||||||
3 | Executive Inspector General. The Executive Ethics
Commission | ||||||
4 | shall promulgate rules for the decision and
recommendation | ||||||
5 | process.
| ||||||
6 | (b) If the Executive Ethics Commission issues a
| ||||||
7 | recommendation of discipline to an agency head or ultimate
| ||||||
8 | jurisdictional authority, that agency head or ultimate | ||||||
9 | jurisdictional
authority must respond to that recommendation | ||||||
10 | in 30 days with a
written response to the Executive Ethics | ||||||
11 | Commission. This
response must include any disciplinary action | ||||||
12 | the agency head or
ultimate jurisdictional authority has taken | ||||||
13 | with respect to the officer or
employee in question. If the | ||||||
14 | agency head or ultimate jurisdictional
authority did not take | ||||||
15 | any disciplinary action, or took a different
disciplinary | ||||||
16 | action than that recommended by the Executive
Ethics | ||||||
17 | Commission, the agency head or ultimate jurisdictional
| ||||||
18 | authority must describe the different action and explain the | ||||||
19 | reasons for the
different action in the
written response. This | ||||||
20 | response must be served upon the Executive
Ethics Commission | ||||||
21 | and
the appropriate Executive Inspector General within the | ||||||
22 | 30-day period and is not
exempt from the provisions of the | ||||||
23 | Freedom of Information Act.
| ||||||
24 | (c) Disciplinary action under this Act against a person | ||||||
25 | subject to the Personnel Code, the Secretary of State Merit | ||||||
26 | Employment Code, the Comptroller Merit Employment Code, or the |
| |||||||
| |||||||
1 | State Treasurer Employment Code is within the jurisdiction of | ||||||
2 | the Executive Ethics Commission and is not within the | ||||||
3 | jurisdiction of those Acts. | ||||||
4 | (d) Any hearing to contest disciplinary action for a | ||||||
5 | violation of this Act against a person subject to the Personnel | ||||||
6 | Code, the Secretary of State Merit Employment Code, the | ||||||
7 | Comptroller Merit Employment Code, or the State Treasurer | ||||||
8 | Employment Code pursuant to an agreement between an Executive | ||||||
9 | Inspector General and an ultimate jurisdictional authority | ||||||
10 | shall be conducted by the Executive Ethics Commission and not | ||||||
11 | under any of those Acts. | ||||||
12 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 430/20-60)
| ||||||
14 | Sec. 20-60. Appeals. A decision of the Executive
Ethics | ||||||
15 | Commission to impose a fine or injunctive relief is subject to | ||||||
16 | judicial review
under the Administrative Review Law. All other | ||||||
17 | decisions by the
Executive Ethics Commission are final and not | ||||||
18 | subject to
review either administratively or judicially.
| ||||||
19 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
20 | (5 ILCS 430/20-65)
| ||||||
21 | Sec. 20-65. Reporting of investigations Investigations not | ||||||
22 | concluded within 6 months . | ||||||
23 | (a) Each Executive Inspector General shall file a quarterly | ||||||
24 | activity report with the Executive Ethics Commission that |
| |||||||
| |||||||
1 | reflects investigative activity during the previous quarter. | ||||||
2 | The Executive Ethics Commission shall establish the reporting | ||||||
3 | dates. The activity report shall include at least the | ||||||
4 | following: | ||||||
5 | (1) The number of investigations opened during the | ||||||
6 | preceding quarter, the affected offices or agencies, and | ||||||
7 | the unique tracking numbers for new investigations. | ||||||
8 | (2) The number of investigations closed during the | ||||||
9 | preceding quarter, the affected offices or agencies, and | ||||||
10 | the unique tracking numbers for closed investigations. | ||||||
11 | (3) The status of each on-going investigation that | ||||||
12 | remained open at the end of the quarter, the affected | ||||||
13 | office, agency or agencies, the investigation's unique | ||||||
14 | tracking number, and a brief statement of the general | ||||||
15 | nature of the investigation. | ||||||
16 | (b) If
any investigation is not concluded within 6 months | ||||||
17 | after its initiation,
the appropriate Executive Inspector | ||||||
18 | General shall file a 6-month report with notify the Executive
| ||||||
19 | Ethics Commission by the fifteenth day of the month following | ||||||
20 | it being open for 6 months. The 6-month report shall disclose: | ||||||
21 | and appropriate ultimate jurisdictional authority
of the | ||||||
22 | general | ||||||
23 | (1) The general nature of the allegation or information | ||||||
24 | giving rise to the
investigation , the title or job duties | ||||||
25 | of the subjects of the investigation, and the | ||||||
26 | investigation's unique tracking number. |
| |||||||
| |||||||
1 | (2) The date of the last alleged violation of this Act | ||||||
2 | or other State law giving rise to the investigation. | ||||||
3 | (3) Whether the Executive Inspector General has found | ||||||
4 | credible the allegations of criminal conduct. | ||||||
5 | (4) Whether the allegation has been referred to an | ||||||
6 | appropriate law enforcement agency and the identity of the | ||||||
7 | law enforcement agency to which those allegations were | ||||||
8 | referred. | ||||||
9 | (5) If an allegation has not been referred to an | ||||||
10 | appropriate law enforcement agency, and the reasons for the | ||||||
11 | failure to complete the investigation
within 6 months , a | ||||||
12 | summary of the investigative steps taken, additional | ||||||
13 | investigative steps contemplated at the time of the report, | ||||||
14 | and an estimate of additional time necessary to complete | ||||||
15 | the investigation .
| ||||||
16 | (6) Any other information deemed necessary by the | ||||||
17 | Executive Ethics Commission in determining whether to | ||||||
18 | appoint a Special Inspector General. | ||||||
19 | (c) If an Executive Inspector General has referred an | ||||||
20 | allegation to an appropriate law enforcement agency and | ||||||
21 | continues to investigate the matter, the future reporting | ||||||
22 | requirements of this Section are suspended. | ||||||
23 | (d) Reports filed under this Section are exempt from the | ||||||
24 | Freedom of Information Act. | ||||||
25 | (Source: P.A. 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/20-70)
| ||||||
2 | Sec. 20-70. Cooperation in investigations. It is the duty | ||||||
3 | of
every officer and employee under the jurisdiction of an | ||||||
4 | Executive
Inspector General, including any inspector general | ||||||
5 | serving in any
State agency under the jurisdiction of that | ||||||
6 | Executive Inspector
General, to cooperate with the Executive | ||||||
7 | Inspector General and the Attorney General in any
investigation | ||||||
8 | undertaken pursuant to this Act. Failure to cooperate includes, | ||||||
9 | but is not limited to, intentional omissions and knowing false | ||||||
10 | statements. Failure to cooperate
with an investigation of the | ||||||
11 | Executive Inspector General or the Attorney General is grounds
| ||||||
12 | for disciplinary action, including dismissal. Nothing in this | ||||||
13 | Section limits or
alters a person's existing rights or | ||||||
14 | protections under State or federal law.
| ||||||
15 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
16 | (5 ILCS 430/20-80)
| ||||||
17 | Sec. 20-80. Referrals of investigations. If an Executive
| ||||||
18 | Inspector General determines that any alleged misconduct | ||||||
19 | involves
any person not subject to the jurisdiction of the | ||||||
20 | Executive
Ethics Commission, that Executive Inspector General | ||||||
21 | shall refer the
reported allegations to the appropriate | ||||||
22 | Inspector General, appropriate ethics
commission, or other
| ||||||
23 | appropriate body. If an Executive Inspector General determines | ||||||
24 | that
any alleged misconduct may give rise to criminal | ||||||
25 | penalties, the
Executive Inspector General may refer the |
| |||||||
| |||||||
1 | allegations regarding that
misconduct to the appropriate law | ||||||
2 | enforcement authority. If an Executive Inspector General | ||||||
3 | determines that any alleged misconduct resulted in the loss of | ||||||
4 | public funds in an amount of $5,000 or greater, the Executive | ||||||
5 | Inspector General shall refer the allegations regarding that | ||||||
6 | misconduct to the Attorney General and any other appropriate | ||||||
7 | law enforcement authority.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
9 | (5 ILCS 430/20-85)
| ||||||
10 | Sec. 20-85. Monthly Quarterly reports by Executive | ||||||
11 | Inspector General.
Each Executive Inspector General shall | ||||||
12 | submit monthly quarterly
reports to the appropriate executive | ||||||
13 | branch constitutional officer and the
Executive Ethics | ||||||
14 | Commission , on dates determined by the executive branch | ||||||
15 | constitutional officer
Executive Ethics Commission , | ||||||
16 | indicating:
| ||||||
17 | (1) the number of allegations received since the date | ||||||
18 | of the last report;
| ||||||
19 | (2) the number of investigations initiated since the | ||||||
20 | date of
the last report;
| ||||||
21 | (3) the number of investigations concluded since the | ||||||
22 | date of
the last report;
| ||||||
23 | (4) the number of investigations pending as of the | ||||||
24 | reporting
date;
| ||||||
25 | (5) the number of complaints forwarded to the Attorney |
| |||||||
| |||||||
1 | General since the
date of the last report; and
| ||||||
2 | (6) the number of actions filed with the Executive | ||||||
3 | Ethics Commission since
the date of the last report and the | ||||||
4 | number of
actions pending before the Executive Ethics | ||||||
5 | Commission as of the reporting
date ; and | ||||||
6 | (7) the number of allegations referred to any law | ||||||
7 | enforcement agency .
| ||||||
8 | The monthly report shall be available on the websites of | ||||||
9 | the Executive Inspector General and the constitutional | ||||||
10 | officer. | ||||||
11 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
12 | (5 ILCS 430/20-90)
| ||||||
13 | Sec. 20-90. Confidentiality.
| ||||||
14 | (a) The identity of any individual providing information or | ||||||
15 | reporting any
possible or alleged
misconduct to an Executive | ||||||
16 | Inspector General or the Executive Ethics
Commission
shall be | ||||||
17 | kept confidential and may not be disclosed
without the consent | ||||||
18 | of that individual, unless the individual consents to
| ||||||
19 | disclosure of his or her name or disclosure of the individual's | ||||||
20 | identity is
otherwise required by law. The confidentiality | ||||||
21 | granted by this subsection does
not preclude the disclosure of | ||||||
22 | the identity of a person in any capacity other
than as the | ||||||
23 | source of an allegation.
| ||||||
24 | (b) Subject to the provisions of Section 20-52 Section | ||||||
25 | 20-50(c) , commissioners, employees,
and agents of the |
| |||||||
| |||||||
1 | Executive Ethics Commission,
the Executive Inspectors General, | ||||||
2 | and employees and agents of each Office of
an
Executive | ||||||
3 | Inspector General , the Attorney General, and the employees and | ||||||
4 | agents of the office of the Attorney General shall keep | ||||||
5 | confidential and shall not disclose
information exempted from | ||||||
6 | disclosure under the Freedom of
Information Act or by this Act.
| ||||||
7 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
8 | (5 ILCS 430/20-95)
| ||||||
9 | Sec. 20-95. Exemptions.
| ||||||
10 | (a) Documents generated by an ethics
officer under this | ||||||
11 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
12 | Freedom
of Information Act.
| ||||||
13 | (b) Any allegations
and related documents
submitted to an | ||||||
14 | Executive Inspector General and any pleadings and
related | ||||||
15 | documents brought before the Executive Ethics
Commission are | ||||||
16 | exempt from the provisions of the Freedom of
Information Act so | ||||||
17 | long as the Executive Ethics Commission
does not make a finding | ||||||
18 | of a violation of this Act.
If the Executive
Ethics Commission | ||||||
19 | finds that a violation has occurred, the
entire record of | ||||||
20 | proceedings before the Commission, the decision and
| ||||||
21 | recommendation, and the response mandatory report from the | ||||||
22 | agency head or
ultimate jurisdictional authority to the | ||||||
23 | Executive Ethics
Commission are not exempt from the provisions | ||||||
24 | of the Freedom of
Information Act but information contained | ||||||
25 | therein that is otherwise exempt from
the
Freedom of |
| |||||||
| |||||||
1 | Information Act must be redacted before disclosure as provided | ||||||
2 | in
Section 8 of the Freedom of Information Act. A summary | ||||||
3 | report released by the Executive Ethics Commission under | ||||||
4 | Section 20-52 is a public record, but information redacted by | ||||||
5 | the Executive Ethics Commission shall not be part of the public | ||||||
6 | record.
| ||||||
7 | (c) Meetings of the Commission under
Sections 20-5
and | ||||||
8 | 20-15 of this Act are exempt from the provisions of the Open
| ||||||
9 | Meetings Act.
| ||||||
10 | (d) Unless otherwise provided in this Act, all | ||||||
11 | investigatory files and
reports of the Office of an Executive | ||||||
12 | Inspector General, other than monthly quarterly
reports | ||||||
13 | required under Section 20-85 , are confidential, are exempt from | ||||||
14 | disclosure
under the Freedom of Information Act, and shall not | ||||||
15 | be divulged to
any person or agency, except as necessary (i) to | ||||||
16 | a the appropriate law
enforcement
authority if the matter is | ||||||
17 | referred pursuant to this Act , (ii) to the ultimate
| ||||||
18 | jurisdictional authority, (iii) to the
Executive Ethics | ||||||
19 | Commission; or (iv) to another Inspector General appointed
| ||||||
20 | pursuant to this Act.
| ||||||
21 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
22 | (5 ILCS 430/25-5)
| ||||||
23 | Sec. 25-5. Legislative Ethics Commission.
| ||||||
24 | (a) The Legislative Ethics Commission is created.
| ||||||
25 | (b) The Legislative Ethics Commission shall consist of 8
|
| |||||||
| |||||||
1 | commissioners appointed 2 each by the
President and Minority | ||||||
2 | Leader of the Senate and the Speaker and Minority Leader
of the | ||||||
3 | House of Representatives.
| ||||||
4 | The terms of the initial commissioners shall commence upon | ||||||
5 | qualification.
Each appointing authority shall designate one | ||||||
6 | appointee who
shall serve for a 2-year term running through
| ||||||
7 | June 30, 2005.
Each appointing authority shall designate one | ||||||
8 | appointee who
shall serve for a
4-year term running through | ||||||
9 | June 30, 2007.
The initial appointments shall be made within 60 | ||||||
10 | days
after the effective date of this Act.
| ||||||
11 | After the initial terms, commissioners shall serve for | ||||||
12 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
13 | and running
through June 30 of the fourth following year. | ||||||
14 | Commissioners may be
reappointed to one or more subsequent | ||||||
15 | terms.
| ||||||
16 | Vacancies occurring other than at the end of a term shall | ||||||
17 | be filled
by the appointing authority only for the balance of | ||||||
18 | the
term of the commissioner whose office is vacant.
| ||||||
19 | Terms shall run regardless of whether the position is | ||||||
20 | filled.
| ||||||
21 | (c) The appointing authorities shall appoint commissioners | ||||||
22 | who
have experience holding governmental office or employment | ||||||
23 | and may
appoint commissioners who are members of the General | ||||||
24 | Assembly as well as
commissioners from the general public.
A | ||||||
25 | commissioner who is a member of the General Assembly must | ||||||
26 | recuse himself or
herself from participating in any matter |
| |||||||
| |||||||
1 | relating to any investigation or
proceeding in which he or she | ||||||
2 | is the subject.
A person is not eligible to
serve as a | ||||||
3 | commissioner if that person (i) has been convicted of a
felony | ||||||
4 | or a crime of dishonesty or moral turpitude, (ii) is, or was
| ||||||
5 | within the preceding 12 months, engaged in activities that
| ||||||
6 | require registration under the Lobbyist Registration Act, | ||||||
7 | (iii) is a
relative of the appointing authority, or (iv) is a | ||||||
8 | State officer or employee
other than a member of the General | ||||||
9 | Assembly.
| ||||||
10 | (d) The Legislative Ethics Commission shall have
| ||||||
11 | jurisdiction over members of the General Assembly and
all State
| ||||||
12 | employees whose ultimate jurisdictional authority is
(i) a | ||||||
13 | legislative leader, (ii) the Senate Operations Commission, or | ||||||
14 | (iii) the
Joint Committee on Legislative Support Services.
The | ||||||
15 | jurisdiction of the
Commission is limited to matters arising | ||||||
16 | under this Act.
| ||||||
17 | An officer or executive branch State employee serving on a | ||||||
18 | legislative branch board or commission remains subject to the | ||||||
19 | jurisdiction of the Executive Ethics Commission and is not | ||||||
20 | subject to the jurisdiction of the Legislative Ethics | ||||||
21 | Commission. | ||||||
22 | (e) The Legislative Ethics Commission must meet, either
in | ||||||
23 | person or by other technological means, monthly or as
often as | ||||||
24 | necessary. At the first meeting of the Legislative
Ethics | ||||||
25 | Commission, the commissioners shall choose from their
number a | ||||||
26 | chairperson and other officers that they deem appropriate.
The |
| |||||||
| |||||||
1 | terms of officers shall be for 2 years commencing July 1 and
| ||||||
2 | running through June 30 of the second following year. Meetings | ||||||
3 | shall be held at
the call
of the chairperson or any 3 | ||||||
4 | commissioners. Official action by the
Commission shall require | ||||||
5 | the affirmative vote of 5 commissioners, and
a quorum shall | ||||||
6 | consist of 5 commissioners. Commissioners shall receive
no | ||||||
7 | compensation but
may be
reimbursed for their reasonable | ||||||
8 | expenses actually incurred in the
performance of their duties.
| ||||||
9 | (f) No commissioner, other than a commissioner who is a | ||||||
10 | member of the
General
Assembly, or employee of the Legislative
| ||||||
11 | Ethics Commission may during his or her term of appointment or | ||||||
12 | employment:
| ||||||
13 | (1) become a candidate for any elective office;
| ||||||
14 | (2) hold any other elected or appointed public office
| ||||||
15 | except for appointments on governmental advisory boards
or | ||||||
16 | study commissions or as otherwise expressly authorized by | ||||||
17 | law;
| ||||||
18 | (3) be actively involved in the affairs of any | ||||||
19 | political party or political
organization; or
| ||||||
20 | (4) advocate for the appointment of another person to | ||||||
21 | an appointed or elected office or position or actively | ||||||
22 | participate in any campaign for any
elective office.
| ||||||
23 | (g) An appointing authority may remove a
commissioner only | ||||||
24 | for cause.
| ||||||
25 | (h) The Legislative Ethics Commission shall appoint an
| ||||||
26 | Executive Director subject to the approval of at least 3 of the |
| |||||||
| |||||||
1 | 4 legislative leaders. The compensation of the Executive | ||||||
2 | Director shall
be as determined by the Commission or by the | ||||||
3 | Compensation Review
Board, whichever amount is higher . The | ||||||
4 | Executive Director of the Legislative
Ethics Commission may | ||||||
5 | employ, subject to the approval of at least 3 of the 4 | ||||||
6 | legislative leaders, and determine the
compensation of staff, | ||||||
7 | as appropriations permit.
| ||||||
8 | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| ||||||
9 | (5 ILCS 430/25-20)
| ||||||
10 | Sec. 25-20. Duties of the Legislative Inspector
General. In | ||||||
11 | addition to duties otherwise assigned by law,
the Legislative | ||||||
12 | Inspector General shall have the following duties:
| ||||||
13 | (1) To receive and investigate allegations of | ||||||
14 | violations of this
Act. The
Legislative Inspector General | ||||||
15 | may receive information through the
Office of the | ||||||
16 | Legislative Inspector General or
through an ethics | ||||||
17 | commission.
An investigation may be conducted only in | ||||||
18 | response
to information reported to the Legislative | ||||||
19 | Inspector General
as provided in this Section and not upon | ||||||
20 | his or her own prerogative.
Allegations may not be made | ||||||
21 | anonymously. An investigation may not be initiated
more | ||||||
22 | than one year after the most recent act of the alleged | ||||||
23 | violation or of a
series of alleged violations except where | ||||||
24 | there is reasonable cause to believe
that fraudulent | ||||||
25 | concealment has occurred. To constitute fraudulent |
| |||||||
| |||||||
1 | concealment
sufficient to toll this limitations period, | ||||||
2 | there must be an affirmative act or
representation | ||||||
3 | calculated to prevent discovery of the fact that a | ||||||
4 | violation
has occurred. The
Legislative Inspector General | ||||||
5 | shall have the discretion to determine the
appropriate | ||||||
6 | means of investigation as permitted by law.
| ||||||
7 | (2) To request information relating to an | ||||||
8 | investigation from any
person when the Legislative | ||||||
9 | Inspector General deems that information necessary
in
| ||||||
10 | conducting an investigation.
| ||||||
11 | (3) To issue subpoenas, with the advance approval of | ||||||
12 | the Commission,
to compel the attendance of witnesses for | ||||||
13 | the
purposes of testimony and production of documents and | ||||||
14 | other items for
inspection and copying and to make service | ||||||
15 | of those subpoenas and subpoenas
issued under item (7) of | ||||||
16 | Section 25-15.
| ||||||
17 | (4) To submit reports as required by this Act.
| ||||||
18 | (5) To file
pleadings in the name of
the Legislative | ||||||
19 | Inspector General with the Legislative Ethics
Commission, | ||||||
20 | through the Attorney General, as provided in this Article | ||||||
21 | if the
Attorney General finds that reasonable cause exists | ||||||
22 | to believe that a violation
has
occurred.
| ||||||
23 | (6) To assist and coordinate the ethics officers
for | ||||||
24 | State agencies under the jurisdiction of the
Legislative | ||||||
25 | Inspector General and to work with those ethics officers.
| ||||||
26 | (7) To participate in or conduct, when appropriate, |
| |||||||
| |||||||
1 | multi-jurisdictional
investigations.
| ||||||
2 | (8) To request, as the Legislative Inspector General | ||||||
3 | deems appropriate,
from ethics officers
of State agencies | ||||||
4 | under his or her jurisdiction, reports or information
on | ||||||
5 | (i) the content of a State agency's ethics
training program | ||||||
6 | and (ii) the percentage of new officers and
employees who | ||||||
7 | have completed ethics training.
| ||||||
8 | (9) To establish a policy that ensures the appropriate | ||||||
9 | handling and correct recording of all investigations of | ||||||
10 | allegations and to ensure that the policy is accessible via | ||||||
11 | the Internet in order that those seeking to report those | ||||||
12 | allegations are familiar with the process and that the | ||||||
13 | subjects of those allegations are treated fairly. | ||||||
14 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
15 | (5 ILCS 430/25-20a new)
| ||||||
16 | Sec. 25-20a. Attorney General investigatory authority. In | ||||||
17 | addition to investigatory authority otherwise granted by law, | ||||||
18 | the Attorney General shall have the authority to investigate | ||||||
19 | violations of this Act pursuant to Section 25-50 or Section | ||||||
20 | 25-51 of this Act after receipt of notice from the Legislative | ||||||
21 | Ethics Commission or pursuant to Section 5-45. The Attorney | ||||||
22 | General shall have the discretion to determine the appropriate | ||||||
23 | means of investigation as permitted by law, including (i) the | ||||||
24 | request of information relating to an investigation from any | ||||||
25 | person when the Attorney General deems that information |
| |||||||
| |||||||
1 | necessary in conducting an investigation; and (ii) the issuance | ||||||
2 | of subpoenas to compel the attendance of witnesses for the | ||||||
3 | purposes of sworn testimony and production of documents and | ||||||
4 | other items for inspection and copying and the service of those | ||||||
5 | subpoenas. | ||||||
6 | Nothing in this Section shall be construed as granting the | ||||||
7 | Attorney General the authority to investigate alleged | ||||||
8 | misconduct pursuant to notice received under Section 5-45, | ||||||
9 | Section 25-50, or Section 25-51 of this Act, if the information | ||||||
10 | contained in the notice indicates that the alleged misconduct | ||||||
11 | was minor in nature. As used in this Section, misconduct that | ||||||
12 | is "minor in nature" means misconduct that was a violation of | ||||||
13 | office, agency, or department policy and not of this Act or any | ||||||
14 | other civil or criminal law.
| ||||||
15 | (5 ILCS 430/25-50)
| ||||||
16 | Sec. 25-50. Investigation reports ; complaint procedure .
| ||||||
17 | (a) If the Legislative Inspector General, upon the | ||||||
18 | conclusion of an
investigation, determines that reasonable | ||||||
19 | cause exists to believe that a
violation
has occurred, then
the | ||||||
20 | Legislative Inspector General shall issue a summary report of | ||||||
21 | the
investigation. The report shall be delivered to the
| ||||||
22 | appropriate ultimate jurisdictional
authority and to the head | ||||||
23 | of each State
agency
affected by or involved in the | ||||||
24 | investigation, if appropriate. The appropriate ultimate | ||||||
25 | jurisdictional authority or agency head shall respond to the |
| |||||||
| |||||||
1 | summary report within 20 days, in writing, to the Legislative | ||||||
2 | Inspector General. The response shall include a description of | ||||||
3 | any corrective or disciplinary action to be imposed.
| ||||||
4 | (b) The summary report of the investigation shall include | ||||||
5 | the following:
| ||||||
6 | (1) A description of any allegations or other | ||||||
7 | information
received by the Legislative Inspector General | ||||||
8 | pertinent to the
investigation.
| ||||||
9 | (2) A description of any alleged misconduct discovered | ||||||
10 | in the
course of the investigation.
| ||||||
11 | (3) Recommendations for any corrective or disciplinary
| ||||||
12 | action to be taken in response to any alleged misconduct | ||||||
13 | described in the
report, including but not limited to | ||||||
14 | discharge.
| ||||||
15 | (4) Other information the Legislative Inspector | ||||||
16 | General
deems relevant to the investigation or resulting | ||||||
17 | recommendations.
| ||||||
18 | (c) Within 30 days after receiving a response from the | ||||||
19 | appropriate ultimate jurisdictional authority or agency head | ||||||
20 | Not less than 30 days after delivery of the summary report of
| ||||||
21 | an
investigation under subsection (a), the Legislative | ||||||
22 | Inspector General shall notify the Commission and the Attorney | ||||||
23 | General if the Legislative Inspector General believes that a | ||||||
24 | complaint should be filed with the Commission. If
if the | ||||||
25 | Legislative Inspector General desires to file a petition for | ||||||
26 | leave to
file a
complaint with the Commission , the Legislative |
| |||||||
| |||||||
1 | Inspector General shall submit the summary report and | ||||||
2 | supporting documents to notify the Commission and
the
Attorney | ||||||
3 | General. If the Attorney General concludes that there is | ||||||
4 | insufficient evidence that a violation has occurred, the | ||||||
5 | Attorney General shall notify the Legislative Inspector | ||||||
6 | General and the Legislative Inspector General shall deliver to | ||||||
7 | the Legislative Ethics Commission a copy of the summary report | ||||||
8 | and response from the ultimate jurisdictional authority or | ||||||
9 | agency head.
If the Attorney General determines
that reasonable | ||||||
10 | cause exists to believe that a violation has occurred, then the
| ||||||
11 | Legislative Inspector
General, represented by the Attorney
| ||||||
12 | General, may file with the Legislative Ethics Commission a | ||||||
13 | petition for
leave to file a complaint.
The complaint petition | ||||||
14 | shall set
forth the alleged violation and the
grounds that | ||||||
15 | exist to support the complaint petition . The petition for leave | ||||||
16 | to
file a complaint must be filed with the Commission within 18 | ||||||
17 | months
after the most recent act of the alleged violation or of | ||||||
18 | a series of alleged
violations
except where there is reasonable | ||||||
19 | cause to believe
that fraudulent concealment has occurred. To | ||||||
20 | constitute fraudulent concealment
sufficient to toll this | ||||||
21 | limitations period, there must be an affirmative act or
| ||||||
22 | representation calculated to prevent discovery of the fact that | ||||||
23 | a violation has
occurred.
If a petition for leave to file a | ||||||
24 | complaint is not filed with the Commission
within 6 months | ||||||
25 | after notice by the Inspector General to the Commission and the
| ||||||
26 | Attorney General, then the Commission may set a meeting of the |
| |||||||
| |||||||
1 | Commission at
which the Attorney General shall appear and | ||||||
2 | provide a status
report to the Commission.
| ||||||
3 | (c-5) Within 30 days after receiving a response from the | ||||||
4 | appropriate ultimate jurisdictional authority or agency head | ||||||
5 | under subsection (a), if the Legislative Inspector General does | ||||||
6 | not believe that a complaint should be filed, the Legislative | ||||||
7 | Inspector General shall deliver to the Legislative Ethics | ||||||
8 | Commission a statement setting forth the basis for the decision | ||||||
9 | not to file a complaint and a copy of the summary report and | ||||||
10 | response from the ultimate jurisdictional authority or agency | ||||||
11 | head. The Inspector General may also submit a redacted version | ||||||
12 | of the summary report and response from the ultimate | ||||||
13 | jurisdictional authority if the Inspector General believes | ||||||
14 | either contains information that, in the opinion of the | ||||||
15 | Inspector General, should be redacted prior to releasing the | ||||||
16 | report, may interfere with an ongoing investigation, or | ||||||
17 | identifies an informant or complainant. | ||||||
18 | (c-10) If, after reviewing the documents, the Commission | ||||||
19 | believes that further investigation is warranted, the | ||||||
20 | Commission may request that the Legislative Inspector General | ||||||
21 | provide additional information or conduct further | ||||||
22 | investigation. The Commission may also refer the summary report | ||||||
23 | and response from the ultimate jurisdictional authority to the | ||||||
24 | Attorney General for further investigation or review. If the | ||||||
25 | Commission requests the Attorney General to investigate or | ||||||
26 | review, the Commission must notify the Attorney General and the |
| |||||||
| |||||||
1 | Legislative Inspector General. The Attorney General may not | ||||||
2 | begin an investigation or review until receipt of notice from | ||||||
3 | the Commission. If, after review, the Attorney General | ||||||
4 | determines that reasonable cause exists to believe that a | ||||||
5 | violation has occurred, then the Attorney General may file a | ||||||
6 | complaint with the Legislative Ethics Commission. If the | ||||||
7 | Attorney General concludes that there is insufficient evidence | ||||||
8 | that a violation has occurred, the Attorney General shall | ||||||
9 | notify the Legislative Ethics Commission and the appropriate | ||||||
10 | Legislative Inspector General. | ||||||
11 | (d) A copy of the complaint filed with the Legislative | ||||||
12 | Ethics Commission petition must be served on all respondents | ||||||
13 | named in the
complaint and on each respondent's ultimate | ||||||
14 | jurisdictional authority in
the same manner as process is | ||||||
15 | served under the Code of Civil
Procedure.
| ||||||
16 | (e) A respondent may file objections to the petition for | ||||||
17 | leave to
file a complaint within 30 days after notice of the | ||||||
18 | petition has been
served on the respondent.
| ||||||
19 | (f) The Commission shall meet, at least 30 days after the | ||||||
20 | complaint is served on all respondents either in person or by | ||||||
21 | telephone,
in a closed session to review the sufficiency of the | ||||||
22 | complaint.
If the Commission finds that complaint is | ||||||
23 | sufficient, the Commission shall
grant the petition for leave | ||||||
24 | to file the
complaint.
The Commission shall
issue notice by | ||||||
25 | certified mail, return receipt requested, to the Legislative | ||||||
26 | Inspector General , the Attorney General, and all respondents of
|
| |||||||
| |||||||
1 | the Commission's ruling on the sufficiency of the complaint. If | ||||||
2 | the complaint
is deemed to
sufficiently allege a violation of | ||||||
3 | this Act, then the Commission shall notify
the parties and | ||||||
4 | shall
include a hearing date scheduled within 4 weeks after the | ||||||
5 | date of the notice,
unless all of the parties consent to a | ||||||
6 | later date.
If the complaint is deemed not to sufficiently | ||||||
7 | allege a
violation, then
the Commission shall send by certified | ||||||
8 | mail, return receipt requested,
a notice to the Legislative | ||||||
9 | Inspector General, the Attorney General, and all respondents | ||||||
10 | the parties of the decision to dismiss the complaint.
| ||||||
11 | (g) On the scheduled date
the Commission shall conduct a | ||||||
12 | closed meeting,
either in person or, if the parties consent, by | ||||||
13 | telephone, on the complaint and
allow all
parties the | ||||||
14 | opportunity to present testimony and evidence.
All such | ||||||
15 | proceedings shall be transcribed.
| ||||||
16 | (h) Within an appropriate time limit set by rules of the | ||||||
17 | Legislative
Ethics Commission, the Commission shall (i) | ||||||
18 | dismiss the
complaint , or (ii) issue a recommendation of | ||||||
19 | discipline to the
respondent and the respondent's ultimate | ||||||
20 | jurisdictional authority , (iii) or
impose an administrative | ||||||
21 | fine upon the respondent, (iv) issue injunctive relief as | ||||||
22 | described in Section 50-10, or (v) impose a combination of (ii) | ||||||
23 | through (iv) or both .
| ||||||
24 | (i) The proceedings on any complaint filed with the | ||||||
25 | Commission
shall be conducted pursuant to rules promulgated by | ||||||
26 | the Commission.
|
| |||||||
| |||||||
1 | (j) The Commission may designate hearing officers
to | ||||||
2 | conduct proceedings as determined by rule of the Commission.
| ||||||
3 | (k) In all proceedings before the Commission, the standard | ||||||
4 | of
proof is by a preponderance of the evidence.
| ||||||
5 | (l) Within 30 days after the issuance of a final | ||||||
6 | administrative decision that concludes that a violation | ||||||
7 | occurred, the Legislative Ethics Commission shall make public | ||||||
8 | the entire record of proceedings before the Commission, the | ||||||
9 | decision, any recommendation, any discipline imposed, and the | ||||||
10 | response from the agency head or ultimate jurisdictional | ||||||
11 | authority to the Legislative Ethics Commission. When the | ||||||
12 | Inspector General concludes that there is insufficient
| ||||||
13 | evidence that a violation has occurred, the Inspector General | ||||||
14 | shall close the
investigation. At the request of the subject of | ||||||
15 | the investigation, the
Inspector
General shall provide a | ||||||
16 | written statement to the subject of the investigation
and to | ||||||
17 | the Commission of
the Inspector General's decision to close the | ||||||
18 | investigation. Closure by the
Inspector General does not bar | ||||||
19 | the Inspector General from resuming the
investigation if | ||||||
20 | circumstances warrant.
| ||||||
21 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
22 | (5 ILCS 430/25-51 new) | ||||||
23 | Sec. 25-51. Closed investigations. When the Legislative | ||||||
24 | Inspector General concludes that there is insufficient | ||||||
25 | evidence that a violation has occurred, the Inspector General |
| |||||||
| |||||||
1 | shall close the investigation. The Legislative Inspector | ||||||
2 | General shall provide the Commission with a written statement | ||||||
3 | of the decision to close the investigation. At the request of | ||||||
4 | the subject of the investigation, the Legislative Inspector | ||||||
5 | General shall provide a written statement to the subject of the | ||||||
6 | investigation of the Inspector General's decision to close the | ||||||
7 | investigation. Closure by the Legislative Inspector General | ||||||
8 | does not bar the Inspector General from resuming the | ||||||
9 | investigation if circumstances warrant. The Commission also | ||||||
10 | has the discretion to request that the Legislative Inspector | ||||||
11 | General conduct further investigation of any matter closed | ||||||
12 | pursuant to this Section, or to refer the allegations to the | ||||||
13 | Attorney General for further review or investigation. If the | ||||||
14 | Commission requests the Attorney General to investigate or | ||||||
15 | review, the Commission must notify the Attorney General and the | ||||||
16 | Inspector General. The Attorney General may not begin an | ||||||
17 | investigation or review until receipt of notice from the | ||||||
18 | Commission.
| ||||||
19 | (5 ILCS 430/25-52 new) | ||||||
20 | Sec. 25-52. Release of summary reports. | ||||||
21 | (a) Within 60 days after receipt of a summary report and | ||||||
22 | response from the ultimate jurisdictional authority or agency | ||||||
23 | head that resulted in a suspension of at least 3 days or | ||||||
24 | termination of employment, the Legislative Ethics Commission | ||||||
25 | shall make available to the public the report and response or a |
| |||||||
| |||||||
1 | redacted version of the report and response. The Legislative | ||||||
2 | Ethics Commission may make available to the public any other | ||||||
3 | summary report and response of the ultimate jurisdictional | ||||||
4 | authority or agency head or a redacted version of the report | ||||||
5 | and response. | ||||||
6 | (b) The Legislative Ethics Commission shall redact | ||||||
7 | information in the summary report that may reveal the identity | ||||||
8 | of witnesses, complainants, or informants or if the Commission | ||||||
9 | determines it is appropriate to protect the identity of a | ||||||
10 | person before publication. The Commission may also redact any | ||||||
11 | information it believes should not be made public.
Prior to | ||||||
12 | publication, the Commission shall permit the respondents, | ||||||
13 | Legislative Inspector General, and Attorney General to review | ||||||
14 | documents to be made public and offer suggestions for redaction | ||||||
15 | or provide a response that shall be made public with the | ||||||
16 | summary report. | ||||||
17 | (c) The Legislative Ethics Commission may withhold | ||||||
18 | publication of the report or response if the Legislative | ||||||
19 | Inspector General or Attorney General certifies that | ||||||
20 | publication will interfere with an ongoing investigation.
| ||||||
21 | (5 ILCS 430/25-65)
| ||||||
22 | Sec. 25-65. Reporting of investigations Investigations not | ||||||
23 | concluded within 6 months . | ||||||
24 | (a) The Legislative Inspector General shall file a | ||||||
25 | quarterly activity report with the Legislative Ethics |
| |||||||
| |||||||
1 | Commission that reflects investigative activity during the | ||||||
2 | previous quarter. The Legislative Ethics Commission shall | ||||||
3 | establish the reporting dates. The activity report shall | ||||||
4 | include at least the following: | ||||||
5 | (1) A summary of any investigation opened during the | ||||||
6 | preceding quarter, the affected office, agency or | ||||||
7 | agencies, the investigation's unique tracking number, and | ||||||
8 | a brief statement of the general nature of the allegation | ||||||
9 | or allegations. | ||||||
10 | (2) A summary of any investigation closed during the | ||||||
11 | preceding quarter, the affected office, agency or | ||||||
12 | agencies, the investigation's unique tracking number, and | ||||||
13 | a brief statement of the general nature of the allegation | ||||||
14 | or allegations. | ||||||
15 | (3) The status of an ongoing investigation that | ||||||
16 | remained open at the end of the quarter, the affected | ||||||
17 | office, agency or agencies, the investigation's unique | ||||||
18 | tracking number, and a brief statement of the general | ||||||
19 | nature of the investigation. | ||||||
20 | (b) If
any investigation is not concluded within 6 months | ||||||
21 | after its initiation,
the Legislative Inspector General shall | ||||||
22 | file a 6-month report with notify the Legislative
Ethics | ||||||
23 | Commission no later than 10 days after the 6th month. The | ||||||
24 | 6-month report shall disclose: and appropriate ultimate | ||||||
25 | jurisdictional authority
of the | ||||||
26 | (1) The general nature of the allegation or information |
| |||||||
| |||||||
1 | giving rise to the
investigation , the title or job duties | ||||||
2 | of the subjects of the investigation, and the | ||||||
3 | investigation's unique tracking number. | ||||||
4 | (2) The date of the last alleged violation of this Act | ||||||
5 | or other State law giving rise to the investigation. | ||||||
6 | (3) Whether the Legislative Inspector General has | ||||||
7 | found credible the allegations of criminal conduct. | ||||||
8 | (4) Whether the allegation has been referred to an | ||||||
9 | appropriate law enforcement agency and the identity of the | ||||||
10 | law enforcement agency to which those allegations were | ||||||
11 | referred. | ||||||
12 | (5) If an allegation has not been referred to an | ||||||
13 | appropriate law enforcement agency, and the reasons for the | ||||||
14 | failure to complete the investigation
within 6 months , a | ||||||
15 | summary of the investigative steps taken, additional | ||||||
16 | investigative steps contemplated at the time of the report, | ||||||
17 | and an estimate of additional time necessary to complete | ||||||
18 | the investigation. | ||||||
19 | (6) Any other information deemed necessary by the | ||||||
20 | Legislative Ethics Commission in determining whether to | ||||||
21 | appoint a Special Inspector General. | ||||||
22 | (c) If the Legislative Inspector General has referred an | ||||||
23 | allegation to an appropriate law enforcement agency and | ||||||
24 | continues to investigate the matter, the future reporting | ||||||
25 | requirements of this Section are suspended .
| ||||||
26 | (Source: P.A. 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/25-95)
| ||||||
2 | Sec. 25-95. Exemptions.
| ||||||
3 | (a) Documents generated by an ethics
officer under this | ||||||
4 | Act, except Section 5-50, are exempt from the provisions of
the | ||||||
5 | Freedom
of Information Act.
| ||||||
6 | (a-5) Requests from ethics officers, members, and State | ||||||
7 | employees to the Office of the Legislative Inspector General, a | ||||||
8 | Special Legislative Inspector General, the Legislative Ethics | ||||||
9 | Commission, an ethics officer, or a person designated by a | ||||||
10 | legislative leader for guidance on matters involving the | ||||||
11 | interpretation or application of this Act or rules promulgated | ||||||
12 | under this Act are exempt from the provisions of the Freedom of | ||||||
13 | Information Act. Guidance provided to an ethics officer, | ||||||
14 | member, or State employee at the request of an ethics officer, | ||||||
15 | member, or State employee by the Office of the Legislative | ||||||
16 | Inspector General, a Special Legislative Inspector General, | ||||||
17 | the Legislative Ethics Commission, an ethics officer, or a | ||||||
18 | person designated by a legislative leader on matters involving | ||||||
19 | the interpretation or application of this Act or rules | ||||||
20 | promulgated under this Act is exempt from the provisions of the | ||||||
21 | Freedom of Information Act.
| ||||||
22 | (b) Summary investigation reports released by the | ||||||
23 | Legislative Ethics Commission as provided in Section 25-52 are | ||||||
24 | public records. Otherwise, any Any allegations
and related | ||||||
25 | documents
submitted to the Legislative Inspector General and |
| |||||||
| |||||||
1 | any pleadings and
related documents brought before the | ||||||
2 | Legislative Ethics
Commission are exempt from the provisions of | ||||||
3 | the Freedom of
Information Act so long as the Legislative | ||||||
4 | Ethics Commission
does not make a finding of a violation of | ||||||
5 | this Act.
If the Legislative
Ethics Commission finds that a | ||||||
6 | violation has occurred, the
entire record of proceedings before | ||||||
7 | the Commission, the decision and
recommendation, and the | ||||||
8 | mandatory report from the agency head or
ultimate | ||||||
9 | jurisdictional authority to the Legislative Ethics
Commission | ||||||
10 | are not exempt from the provisions of the Freedom of
| ||||||
11 | Information Act but information contained therein that is | ||||||
12 | exempt from the
Freedom of Information Act must be redacted | ||||||
13 | before disclosure as provided in
Section 8 of the Freedom of | ||||||
14 | Information Act.
| ||||||
15 | (c) Meetings of the Commission under
Sections 25-5
and | ||||||
16 | 25-15 of this Act are exempt from the provisions of the Open
| ||||||
17 | Meetings Act.
| ||||||
18 | (d) Unless otherwise provided in this Act, all | ||||||
19 | investigatory files and
reports of the Office of the | ||||||
20 | Legislative Inspector General, other than
monthly quarterly
| ||||||
21 | reports, are confidential, are exempt from disclosure
under the | ||||||
22 | Freedom of Information Act, and shall not be divulged to
any | ||||||
23 | person or agency, except as necessary (i) to the appropriate | ||||||
24 | law
enforcement
authority if the matter is referred pursuant to | ||||||
25 | this Act, (ii) to the ultimate
jurisdictional authority, or | ||||||
26 | (iii) to the
Legislative Ethics Commission.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
| ||||||
2 | (5 ILCS 430/35-5)
| ||||||
3 | Sec. 35-5. Appointment of Inspectors General. Nothing in | ||||||
4 | this Act
precludes
the appointment by the Governor, the | ||||||
5 | Lieutenant Governor, the Attorney General,
the
Secretary of | ||||||
6 | State, the Comptroller, or the Treasurer of any inspector | ||||||
7 | general
required
or permitted by law. Nothing in this Act | ||||||
8 | precludes the Governor, the Attorney
General,
the Secretary of | ||||||
9 | State, the Comptroller, or the Treasurer from appointing an
| ||||||
10 | existing
inspector general under his or her jurisdiction to | ||||||
11 | serve simultaneously as an
Executive
Inspector General. This | ||||||
12 | Act shall be read consistently with all existing State
statutes
| ||||||
13 | that create inspectors general under the jurisdiction of an | ||||||
14 | executive branch
constitutional officer.
| ||||||
15 | This Act prohibits the appointment or employment by an | ||||||
16 | officer, member, State employee, or State agency of any person | ||||||
17 | to serve or act with respect to one or more State agencies as | ||||||
18 | an Inspector General under this Act except as authorized and | ||||||
19 | required by Articles 20, 25, and 30 of this Act or Section 14 | ||||||
20 | of the Secretary of State Act. No officer, member, State | ||||||
21 | employee, or State agency may appoint or employ an inspector | ||||||
22 | general for any purpose except as authorized or required by | ||||||
23 | law. | ||||||
24 | (Source: P.A. 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (5 ILCS 430/50-5)
| ||||||
2 | Sec. 50-5. Penalties.
| ||||||
3 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
4 | person intentionally
violates any provision of Section 5-15, | ||||||
5 | 5-30, 5-40, or 5-45 or Article 15.
| ||||||
6 | (a-1) An ethics commission may levy an administrative fine | ||||||
7 | for a violation of Section 5-45 of this Act of up to 3 times the | ||||||
8 | total annual compensation that would have been obtained in | ||||||
9 | violation of Section 5-45. | ||||||
10 | (b) A person who intentionally violates any provision
of | ||||||
11 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
12 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
13 | (c) A person who intentionally violates any provision of | ||||||
14 | Article 10 is
guilty of a business
offense and subject to a | ||||||
15 | fine of at least $1,001 and up to $5,000.
| ||||||
16 | (d) Any person who intentionally makes a
false report | ||||||
17 | alleging a violation of any provision of this Act to an ethics
| ||||||
18 | commission,
an inspector general,
the State Police, a State's | ||||||
19 | Attorney, the Attorney General, or any other law
enforcement | ||||||
20 | official is guilty of a Class A misdemeanor.
| ||||||
21 | (e) An ethics commission may levy an administrative fine of | ||||||
22 | up to $5,000
against any person
who violates this Act, who | ||||||
23 | intentionally obstructs or interferes with an
investigation
| ||||||
24 | conducted under this Act by an inspector general, or who
| ||||||
25 | intentionally makes a false, frivolous, or bad faith | ||||||
26 | allegation.
|
| |||||||
| |||||||
1 | (f) In addition to any other penalty that may apply, | ||||||
2 | whether criminal or
civil, a State employee who intentionally | ||||||
3 | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | ||||||
4 | 5-45 5-40 , or 5-50, Article 10,
Article 15, or Section 20-90 or | ||||||
5 | 25-90 is subject to discipline or discharge by
the
appropriate | ||||||
6 | ultimate
jurisdictional authority.
| ||||||
7 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
8 | (5 ILCS 430/50-10 new)
| ||||||
9 | Sec. 50-10. Injunctive relief. | ||||||
10 | (a) For a violation of any Section of this Act, an ethics | ||||||
11 | commission may issue appropriate injunctive relief up to and | ||||||
12 | including discharge of a State employee. | ||||||
13 | (b) Any injunctive relief issued pursuant to this Section | ||||||
14 | must comport with the requirements of Section 20-40.
| ||||||
15 | (5 ILCS 430/20-40 rep.)
| ||||||
16 | Section 15. The State Officials and Employees Ethics Act is | ||||||
17 | amended by repealing Section 20-40.
| ||||||
18 | Section 20. 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 |
| |||||||
| |||||||
1 | consent of the Senate,
appoint an Inspector General for the | ||||||
2 | purpose of detection, deterrence, and
prevention of fraud,
| ||||||
3 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
4 | misconduct
that may be criminal in nature in the Office of the | ||||||
5 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
6 | term.
If no successor is appointed and qualified upon the
| ||||||
7 | expiration of the Inspector General's term, the Office of | ||||||
8 | Inspector General is
deemed vacant and the powers and duties | ||||||
9 | under this Section may be exercised
only by an appointed and | ||||||
10 | qualified interim Inspector General until a successor
| ||||||
11 | Inspector General is appointed and qualified.
If the General | ||||||
12 | Assembly is not in session when a vacancy in the Office of
| ||||||
13 | Inspector General occurs, the Secretary of State may appoint an | ||||||
14 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
15 | the next
regularly scheduled session day of the Senate.
| ||||||
16 | (b) The Inspector General shall have the following | ||||||
17 | qualifications:
| ||||||
18 | (1) has not been convicted of any felony under the laws | ||||||
19 | of this State,
another State, or the United States;
| ||||||
20 | (2) has earned a baccalaureate degree from an | ||||||
21 | institution of higher
education; and
| ||||||
22 | (3) has either (A) 5 or more years of service with a | ||||||
23 | federal, State, or
local law enforcement agency, at least 2 | ||||||
24 | years of which have been in a
progressive investigatory | ||||||
25 | capacity; (B) 5 or more years of service as a
federal, | ||||||
26 | State, or local prosecutor; or (C) 5 or more years of |
| |||||||
| |||||||
1 | service as a
senior manager or executive of a federal, | ||||||
2 | State, or local
agency.
| ||||||
3 | (c) The Inspector General may review, coordinate, and | ||||||
4 | recommend methods and
procedures to increase the integrity of | ||||||
5 | the Office of the Secretary of State.
The duties of the | ||||||
6 | Inspector General shall
supplement and not supplant the duties | ||||||
7 | of the Chief Auditor for the Secretary
of State's Office or any | ||||||
8 | other Inspector General that may be authorized by law.
The | ||||||
9 | Inspector General must report directly to the Secretary
of | ||||||
10 | State.
| ||||||
11 | (d) In addition to the authority otherwise provided by this | ||||||
12 | Section, but
only when investigating the Office of the | ||||||
13 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
14 | corruption, mismanagement, gross or aggravated misconduct, or
| ||||||
15 | misconduct that may be criminal in nature, the Inspector | ||||||
16 | General is
authorized:
| ||||||
17 | (1) To have access to all records, reports, audits, | ||||||
18 | reviews, documents,
papers, recommendations, or other | ||||||
19 | materials available that relate to programs
and operations | ||||||
20 | with respect to which the Inspector General has | ||||||
21 | responsibilities
under this Section.
| ||||||
22 | (2) To make any investigations and reports relating to | ||||||
23 | the administration
of the programs and operations of the | ||||||
24 | Office of the Secretary of State that
are, in the judgment | ||||||
25 | judgement of the Inspector General, necessary or | ||||||
26 | desirable.
|
| |||||||
| |||||||
1 | (3) To request any information or assistance that may | ||||||
2 | be necessary for
carrying out the duties and | ||||||
3 | responsibilities provided by this Section from any
local, | ||||||
4 | State, or federal governmental agency or unit thereof.
| ||||||
5 | (4) To require by subpoena the
appearance of witnesses | ||||||
6 | and the production of all information, documents,
reports, | ||||||
7 | answers, records, accounts, papers, and other data and | ||||||
8 | documentary
evidence necessary in the performance of the | ||||||
9 | functions assigned by this
Section, with the exception of | ||||||
10 | subsection (c) and with the exception of records
of a labor
| ||||||
11 | organization authorized and recognized under the Illinois | ||||||
12 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
13 | representative of employees of the Secretary
of State, | ||||||
14 | including, but not limited to, records of representation of | ||||||
15 | employees
and
the negotiation of collective bargaining | ||||||
16 | agreements. A subpoena may be issued
under
this paragraph | ||||||
17 | (4) only by the
Inspector General and not by members of the | ||||||
18 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
19 | testimony, documents, or other items who neglects or | ||||||
20 | refuses to
testify or produce documents or other items | ||||||
21 | under the requirements of the
subpoena shall be subject to | ||||||
22 | punishment as
may be determined by a court of competent | ||||||
23 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
24 | other items are covered by the attorney-client
privilege or
| ||||||
25 | any other privilege or right recognized by law or (ii) the | ||||||
26 | testimony,
documents, or other items concern the |
| |||||||
| |||||||
1 | representation of employees and the
negotiation of | ||||||
2 | collective bargaining agreements by a labor
organization | ||||||
3 | authorized and recognized under the Illinois Public
Labor | ||||||
4 | Relations Act to be the exclusive bargaining | ||||||
5 | representative of
employees of the Secretary of State. | ||||||
6 | Nothing in this Section limits a
person's right to | ||||||
7 | protection against self-incrimination under the Fifth
| ||||||
8 | Amendment of the United States Constitution or Article I, | ||||||
9 | Section 10,
of the Constitution of the State of Illinois.
| ||||||
10 | (5) To have direct and prompt access to the Secretary | ||||||
11 | of State for any
purpose pertaining to the performance of | ||||||
12 | functions and responsibilities under
this Section.
| ||||||
13 | (d-5) In addition to the authority otherwise provided by | ||||||
14 | this Section, the Secretary of State Inspector General shall | ||||||
15 | have jurisdiction to investigate complaints and allegations of | ||||||
16 | wrongdoing by any person or entity related to the Lobbyist | ||||||
17 | Registration Act. When investigating those complaints and | ||||||
18 | allegations, the Inspector General is authorized: | ||||||
19 | (1) To have access to all records, reports, audits, | ||||||
20 | reviews, documents, papers, recommendations, or other | ||||||
21 | materials available that relate to programs and operations | ||||||
22 | with respect to which the Inspector General has | ||||||
23 | responsibilities under this Section. | ||||||
24 | (2) 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, |
| |||||||
| |||||||
1 | State, or federal governmental agency or unit thereof. | ||||||
2 | (3) 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. A subpoena may be | ||||||
7 | issued under this paragraph (3) only by the Inspector | ||||||
8 | General and not by members of the Inspector General's | ||||||
9 | staff. A person duly subpoenaed for testimony, documents, | ||||||
10 | or other items who neglects or refuses to testify or | ||||||
11 | produce documents or other items under the requirements of | ||||||
12 | the subpoena shall be subject to punishment as may be | ||||||
13 | determined by a court of competent jurisdiction, unless the | ||||||
14 | testimony, documents, or other items are covered by the | ||||||
15 | attorney-client privilege or any other privilege or right | ||||||
16 | recognized by law. Nothing in this Section limits a | ||||||
17 | person's right to protection against self-incrimination | ||||||
18 | under the Fifth Amendment of the United States Constitution | ||||||
19 | or Section 10 of Article I of the Constitution of the State | ||||||
20 | of Illinois. | ||||||
21 | (4) To have direct and prompt access to the Secretary | ||||||
22 | of State for any purpose pertaining to the performance of | ||||||
23 | functions and responsibilities under this Section.
| ||||||
24 | (e) The Inspector General may receive and investigate | ||||||
25 | complaints or
information from an employee of the Secretary of | ||||||
26 | State concerning the possible
existence of an activity |
| |||||||
| |||||||
1 | constituting a violation of law, rules, or
regulations; | ||||||
2 | mismanagement; abuse of authority; or substantial and specific
| ||||||
3 | danger to the public health and safety. Any person
employee who | ||||||
4 | knowingly files a
false
complaint or files a complaint with | ||||||
5 | reckless disregard for the truth or the
falsity
of the facts | ||||||
6 | underlying the complaint may be subject to discipline as set | ||||||
7 | forth
in the rules of the Department of Personnel of the | ||||||
8 | Secretary of State.
| ||||||
9 | The Inspector General may not, after receipt of a complaint | ||||||
10 | or information
from an employee , disclose the
identity of the | ||||||
11 | source
employee without the consent of the source
employee , | ||||||
12 | unless the
Inspector General determines that
disclosure of the | ||||||
13 | identity is reasonable and necessary for the furtherance of
the
| ||||||
14 | investigation.
| ||||||
15 | Any employee who has the authority to recommend or
approve | ||||||
16 | any personnel action or to direct others to recommend or | ||||||
17 | approve any
personnel action may not, with respect to that | ||||||
18 | authority, take or threaten to
take any action against any | ||||||
19 | employee as a reprisal for making a
complaint or disclosing | ||||||
20 | information to the Inspector General, unless the
complaint was | ||||||
21 | made or the information disclosed with the knowledge that it | ||||||
22 | was
false or with willful disregard for its truth or falsity.
| ||||||
23 | (f) The Inspector General must adopt rules, in accordance | ||||||
24 | with the
provisions of the Illinois Administrative Procedure | ||||||
25 | Act, establishing minimum
requirements for initiating, | ||||||
26 | conducting, and completing investigations. The
rules must |
| |||||||
| |||||||
1 | establish criteria for determining, based upon the nature of | ||||||
2 | the
allegation, the appropriate method of investigation, which | ||||||
3 | may include, but is
not limited to, site visits, telephone | ||||||
4 | contacts, personal interviews, or
requests for written | ||||||
5 | responses. The rules must also clarify how the Office of
the | ||||||
6 | Inspector General shall interact with other local, State, and | ||||||
7 | federal law
enforcement investigations.
| ||||||
8 | Any employee of the Secretary of State subject to | ||||||
9 | investigation or inquiry
by the Inspector General or any agent | ||||||
10 | or representative of the Inspector
General concerning | ||||||
11 | misconduct that is criminal in nature shall have the right
to | ||||||
12 | be notified of the right to remain silent
during the | ||||||
13 | investigation or inquiry and the right to be represented in the
| ||||||
14 | investigation or inquiry by an attorney or a representative of | ||||||
15 | a labor
organization that is
the exclusive collective | ||||||
16 | bargaining representative of employees of the
Secretary of | ||||||
17 | State.
Any investigation or inquiry by the Inspector General or | ||||||
18 | any agent or
representative of the Inspector General must be | ||||||
19 | conducted with an awareness of
the provisions of a collective | ||||||
20 | bargaining agreement that applies to the
employees
of the | ||||||
21 | Secretary of State and with an awareness of the rights of the | ||||||
22 | employees
as set forth in State and federal law and applicable | ||||||
23 | judicial decisions. Any
recommendations for discipline or any | ||||||
24 | action taken
against any employee by the
Inspector General or | ||||||
25 | any representative or agent of the Inspector General must
| ||||||
26 | comply with the provisions of the collective bargaining |
| |||||||
| |||||||
1 | agreement that applies
to the employee.
| ||||||
2 | (g) On or before January 1 of each year, the Inspector | ||||||
3 | General shall report
to the President of the Senate, the | ||||||
4 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
5 | Representatives, and the Minority Leader of the House of
| ||||||
6 | Representatives on the types of investigations and the | ||||||
7 | activities undertaken by
the Office of the Inspector General | ||||||
8 | during the previous calendar year.
| ||||||
9 | (Source: P.A. 93-559, eff. 8-20-03.)
| ||||||
10 | Section 25. The Secretary of State Merit Employment Code is | ||||||
11 | amended by adding Section 17.5 as follows:
| ||||||
12 | (15 ILCS 310/17.5 new) | ||||||
13 | Sec. 17.5. State Officials and Employees Ethics Act. | ||||||
14 | (a) Disciplinary action under the State Officials and | ||||||
15 | Employees Ethics Act against a person subject to this Act is | ||||||
16 | within the jurisdiction of the Executive Ethics Commission and | ||||||
17 | is not within the jurisdiction of this Act. | ||||||
18 | (b) Any hearing to contest disciplinary action against a | ||||||
19 | person subject to this Act pursuant to an agreement between an | ||||||
20 | Executive Inspector General and an ultimate jurisdictional | ||||||
21 | authority, as defined in the State Officials and Employees | ||||||
22 | Ethics Act, shall be conducted by the Executive Ethics | ||||||
23 | Commission and not under this Act, at the request of that | ||||||
24 | person.
|
| |||||||
| |||||||
1 | Section 30. The Comptroller Merit Employment Code is | ||||||
2 | amended by adding Section 17.5 as follows:
| ||||||
3 | (15 ILCS 410/17.5 new) | ||||||
4 | Sec. 17.5. State Officials and Employees Ethics Act. | ||||||
5 | (a) Disciplinary action under the State Officials and | ||||||
6 | Employees Ethics Act against a person subject to this Act is | ||||||
7 | within the jurisdiction of the Executive Ethics Commission and | ||||||
8 | is not within the jurisdiction of this Act. | ||||||
9 | (b) Any hearing to contest disciplinary action against a | ||||||
10 | person subject to this Act pursuant to an agreement between an | ||||||
11 | Executive Inspector General and an ultimate jurisdictional | ||||||
12 | authority, as defined in the State Officials and Employees | ||||||
13 | Ethics Act, shall be conducted by the Executive Ethics | ||||||
14 | Commission and not under this Act, at the request of that | ||||||
15 | person.
| ||||||
16 | Section 35. The State Treasurer Employment Code is amended | ||||||
17 | by adding Section 14.5 as follows:
| ||||||
18 | (15 ILCS 510/14.5 new) | ||||||
19 | Sec. 14.5. State Officials and Employees Ethics Act. | ||||||
20 | (a) Disciplinary action under the State Officials and | ||||||
21 | Employees Ethics Act against a person subject to this Act is | ||||||
22 | within the jurisdiction of the Executive Ethics Commission and |
| |||||||
| |||||||
1 | is not within the jurisdiction of this Act. | ||||||
2 | (b) Any hearing to contest disciplinary action against a | ||||||
3 | person subject to this Act pursuant to an agreement between an | ||||||
4 | Executive Inspector General and an ultimate jurisdictional | ||||||
5 | authority, as defined in the State Officials and Employees | ||||||
6 | Ethics Act, shall be conducted by the Executive Ethics | ||||||
7 | Commission and not under this Act, at the request of that | ||||||
8 | person.
| ||||||
9 | Section 40. The Personnel Code is amended by adding Section | ||||||
10 | 20 as follows:
| ||||||
11 | (20 ILCS 415/20 new) | ||||||
12 | Sec. 20. State Officials and Employees Ethics Act. | ||||||
13 | (a) Disciplinary action under the State Officials and | ||||||
14 | Employees Ethics Act against a person subject to this Act is | ||||||
15 | within the jurisdiction of the Executive Ethics Commission and | ||||||
16 | is not within the jurisdiction of this Act. | ||||||
17 | (b) Any hearing to contest disciplinary action against a | ||||||
18 | person subject to this Act pursuant to an agreement between an | ||||||
19 | Executive Inspector General and an ultimate jurisdictional | ||||||
20 | authority, as defined in the State Officials and Employees | ||||||
21 | Ethics Act, shall be conducted by the Executive Ethics | ||||||
22 | Commission and not under this Act.
| ||||||
23 | Section 45. The Children and Family Services Act is amended |
| |||||||
| |||||||
1 | by changing Section 35.5 as follows:
| ||||||
2 | (20 ILCS 505/35.5)
| ||||||
3 | Sec. 35.5. Inspector General.
| ||||||
4 | (a) The Governor shall appoint, and the Senate shall | ||||||
5 | confirm, an Inspector
General who shall
have the authority to | ||||||
6 | conduct investigations into allegations of or incidents
of | ||||||
7 | possible misconduct, misfeasance, malfeasance, or violations | ||||||
8 | of rules,
procedures, or laws by any employee, foster parent, | ||||||
9 | service provider, or
contractor of the Department of Children | ||||||
10 | and Family Services , except for allegations of violations of | ||||||
11 | the State Officials and Employees Ethics Act which shall be | ||||||
12 | referred to the Office of the Governor's Executive Inspector | ||||||
13 | General for investigation . The Inspector
General shall make | ||||||
14 | recommendations
to the Director of Children and Family Services | ||||||
15 | concerning sanctions or
disciplinary actions against | ||||||
16 | Department
employees or providers of service under contract to | ||||||
17 | the Department. The Director of Children and Family Services | ||||||
18 | shall provide the Inspector General with an implementation | ||||||
19 | report on the status of any corrective actions taken on | ||||||
20 | recommendations under review and shall continue sending | ||||||
21 | updated reports until the corrective action is completed. The | ||||||
22 | Director shall provide a written response to the Inspector | ||||||
23 | General indicating the status of any sanctions or disciplinary | ||||||
24 | actions against employees or providers of service involving any | ||||||
25 | investigation subject to review. In any case, information |
| |||||||
| |||||||
1 | included in the reports to the Inspector General and Department | ||||||
2 | responses shall be subject to the public disclosure | ||||||
3 | requirements of the Abused and Neglected Child Reporting Act.
| ||||||
4 | Any
investigation
conducted by the Inspector General shall be | ||||||
5 | independent and separate from the
investigation mandated by the | ||||||
6 | Abused and Neglected Child Reporting Act. The
Inspector General | ||||||
7 | shall be appointed for a term of 4 years. The Inspector
General | ||||||
8 | shall function independently within the Department of Children | ||||||
9 | and Family Services with respect to the operations of the | ||||||
10 | Office of Inspector General, including the performance of | ||||||
11 | investigations and issuance of findings and recommendations, | ||||||
12 | and shall
report to the Director of Children and Family | ||||||
13 | Services and the Governor and
perform other
duties the Director | ||||||
14 | may designate. The Inspector General shall adopt rules
as | ||||||
15 | necessary to carry out the
functions, purposes, and duties of | ||||||
16 | the office of Inspector General in the
Department of Children | ||||||
17 | and Family Services, in accordance with the Illinois
| ||||||
18 | Administrative Procedure Act and any other applicable law.
| ||||||
19 | (b) The Inspector
General shall have access to all | ||||||
20 | information and personnel necessary to perform
the duties of | ||||||
21 | the office. To minimize duplication of efforts, and to assure
| ||||||
22 | consistency and conformance with the requirements and | ||||||
23 | procedures established in
the B.H. v. Suter consent decree and | ||||||
24 | to share resources
when appropriate, the Inspector General | ||||||
25 | shall coordinate his or her
activities with the Bureau of | ||||||
26 | Quality Assurance within the Department.
|
| |||||||
| |||||||
1 | (c) The Inspector General shall be the primary liaison | ||||||
2 | between the
Department and the Department of State Police with | ||||||
3 | regard to investigations
conducted under the Inspector | ||||||
4 | General's auspices.
If the Inspector General determines that a | ||||||
5 | possible criminal act
has been committed,
or that special | ||||||
6 | expertise is required in the investigation, he or she shall
| ||||||
7 | immediately notify the Department of State Police.
All | ||||||
8 | investigations conducted by the Inspector General shall be
| ||||||
9 | conducted in a manner designed to ensure the preservation of | ||||||
10 | evidence for
possible use in a criminal prosecution.
| ||||||
11 | (d) The Inspector General may recommend to the Department | ||||||
12 | of Children and
Family Services, the Department of Public | ||||||
13 | Health, or any other appropriate
agency, sanctions to be | ||||||
14 | imposed against service providers under the
jurisdiction of or | ||||||
15 | under contract with the Department for the protection of
| ||||||
16 | children in the custody or under the guardianship of the | ||||||
17 | Department who
received services from those providers. The | ||||||
18 | Inspector General may seek the
assistance of the Attorney | ||||||
19 | General or any of the several State's Attorneys in
imposing | ||||||
20 | sanctions.
| ||||||
21 | (e) The Inspector General shall at all times be granted | ||||||
22 | access to any foster
home, facility, or program operated for or | ||||||
23 | licensed or funded by the
Department.
| ||||||
24 | (f) Nothing in this Section shall limit investigations by | ||||||
25 | the Department of
Children and Family Services that may | ||||||
26 | otherwise be required by law or that may
be necessary in that |
| |||||||
| |||||||
1 | Department's capacity as the central administrative
authority | ||||||
2 | for child welfare.
| ||||||
3 | (g) The Inspector General shall have the power to subpoena | ||||||
4 | witnesses and
compel the production of books and papers | ||||||
5 | pertinent to an investigation
authorized by this Act. The power | ||||||
6 | to subpoena or to compel the
production of books and papers, | ||||||
7 | however, shall not extend to the person or
documents of a
labor | ||||||
8 | organization or its representatives insofar as the person or | ||||||
9 | documents of
a labor organization relate to the function of | ||||||
10 | representing an employee subject
to investigation under this | ||||||
11 | Act. Any person who fails to appear in response to
a subpoena | ||||||
12 | or to answer any question or produce any books or papers | ||||||
13 | pertinent
to an investigation under this Act, except as | ||||||
14 | otherwise provided in this
Section, or who knowingly gives | ||||||
15 | false testimony in relation to an investigation
under this Act | ||||||
16 | is guilty of a Class A misdemeanor.
| ||||||
17 | (h) The Inspector General shall provide to the General | ||||||
18 | Assembly and the
Governor, no later than January 1 of each | ||||||
19 | year, a summary of reports and
investigations made under this | ||||||
20 | Section for the prior fiscal year. The
summaries shall detail | ||||||
21 | the imposition of sanctions and the final disposition
of those | ||||||
22 | recommendations. The summaries shall not contain any | ||||||
23 | confidential or
identifying information concerning the | ||||||
24 | subjects of the reports and
investigations. The summaries also | ||||||
25 | shall include detailed recommended
administrative actions and | ||||||
26 | matters for consideration by the General Assembly.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-527, eff. 6-1-08 .)
| ||||||
2 | Section 50. The Department of Human Services Act is amended | ||||||
3 | by changing Section 1-17 as follows:
| ||||||
4 | (20 ILCS 1305/1-17) | ||||||
5 | Sec. 1-17. Inspector General. | ||||||
6 | (a) Appointment; powers and duties. The Governor shall | ||||||
7 | appoint, and the Senate shall confirm, an Inspector General. | ||||||
8 | The Inspector General shall be appointed for a term of 4 years | ||||||
9 | and shall function within the Department of Human Services and | ||||||
10 | report to the Secretary of Human Services and the Governor. The | ||||||
11 | Inspector General shall function independently within the | ||||||
12 | Department of Human Services with respect to the operations of | ||||||
13 | the office, including the performance of investigations and | ||||||
14 | issuance of findings and recommendations. The appropriation | ||||||
15 | for the Office of Inspector General shall be separate from the | ||||||
16 | overall appropriation for the Department of Human Services. The | ||||||
17 | Inspector General shall investigate reports of suspected abuse | ||||||
18 | or neglect (as those terms are defined by the Department of | ||||||
19 | Human Services) of patients or residents in any mental health | ||||||
20 | or developmental disabilities facility operated by the | ||||||
21 | Department of Human Services and shall have authority to | ||||||
22 | investigate and take immediate action on reports of abuse or | ||||||
23 | neglect of recipients, whether patients or residents, in any | ||||||
24 | mental health or developmental disabilities facility or |
| |||||||
| |||||||
1 | program that is licensed or certified by the Department of | ||||||
2 | Human Services (as successor to the Department of Mental Health | ||||||
3 | and Developmental Disabilities) or that is funded by the | ||||||
4 | Department of Human Services (as successor to the Department of | ||||||
5 | Mental Health and Developmental Disabilities) and is not | ||||||
6 | licensed or certified by any agency of the State. The Inspector | ||||||
7 | General shall also have the authority to investigate alleged or | ||||||
8 | suspected cases of abuse, neglect, and exploitation of adults | ||||||
9 | with disabilities living in domestic settings in the community | ||||||
10 | pursuant to the Abuse of Adults with Disabilities Intervention | ||||||
11 | Act (20 ILCS 2435/). At the specific, written request of an | ||||||
12 | agency of the State other than the Department of Human Services | ||||||
13 | (as successor to the Department of Mental Health and | ||||||
14 | Developmental Disabilities), the Inspector General may | ||||||
15 | cooperate in investigating reports of abuse and neglect of | ||||||
16 | persons with mental illness or persons with developmental | ||||||
17 | disabilities. The Inspector General shall have no supervision | ||||||
18 | over or involvement in routine, programmatic, licensure, or | ||||||
19 | certification operations of the Department of Human Services or | ||||||
20 | any of its funded agencies. The Inspector General shall have no | ||||||
21 | authority to investigate alleged violations of the State | ||||||
22 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
23 | under the State Officials and Employees Ethics Act shall be | ||||||
24 | referred to the Office of the Governor's Executive Inspector | ||||||
25 | General for investigation. | ||||||
26 | The Inspector General shall promulgate rules establishing |
| |||||||
| |||||||
1 | minimum requirements for reporting allegations of abuse and | ||||||
2 | neglect and initiating, conducting, and completing | ||||||
3 | investigations. The promulgated rules shall clearly set forth | ||||||
4 | that in instances where 2 or more State agencies could | ||||||
5 | investigate an allegation of abuse or neglect, the Inspector | ||||||
6 | General shall not conduct an investigation that is redundant to | ||||||
7 | an investigation conducted by another State agency. The rules | ||||||
8 | shall establish criteria for determining, based upon the nature | ||||||
9 | of the allegation, the appropriate method of investigation, | ||||||
10 | which may include, but need not be limited to, site visits, | ||||||
11 | telephone contacts, or requests for written responses from | ||||||
12 | agencies. The rules shall also clarify how the Office of the | ||||||
13 | Inspector General shall interact with the licensing unit of the | ||||||
14 | Department of Human Services in investigations of allegations | ||||||
15 | of abuse or neglect. Any allegations or investigations of | ||||||
16 | reports made pursuant to this Act shall remain confidential | ||||||
17 | until a final report is completed. The resident or patient who | ||||||
18 | allegedly was abused or neglected and his or her legal guardian | ||||||
19 | shall be informed by the facility or agency of the report of | ||||||
20 | alleged abuse or neglect. Final reports regarding | ||||||
21 | unsubstantiated or unfounded allegations shall remain | ||||||
22 | confidential, except that final reports may be disclosed | ||||||
23 | pursuant to Section 6 of the Abused and Neglected Long Term | ||||||
24 | Care Facility Residents Reporting Act. | ||||||
25 | For purposes of this Section, "required reporter" means a | ||||||
26 | person who suspects, witnesses, or is informed of an allegation |
| |||||||
| |||||||
1 | of abuse and neglect at a State-operated facility or a | ||||||
2 | community agency and who is either: (i) a person employed at a | ||||||
3 | State-operated facility or a community agency on or off site | ||||||
4 | who is providing or monitoring services to an individual or | ||||||
5 | individuals or is providing services to the State-operated | ||||||
6 | facility or the community agency; or (ii) any person or | ||||||
7 | contractual agent of the Department of Human Services involved | ||||||
8 | in providing, monitoring, or administering mental health or | ||||||
9 | developmental services, including, but not limited to, payroll | ||||||
10 | personnel, contractors, subcontractors, and volunteers. A | ||||||
11 | required reporter shall report the allegation of abuse or | ||||||
12 | neglect, or cause a report to be made, to the Office of the | ||||||
13 | Inspector General (OIG) Hotline no later than 4 hours after the | ||||||
14 | initial discovery of the incident of alleged abuse or neglect. | ||||||
15 | A required reporter as defined in this paragraph who willfully | ||||||
16 | fails to comply with the reporting requirement is guilty of a | ||||||
17 | Class A misdemeanor. | ||||||
18 | For purposes of this Section, "State-operated facility" | ||||||
19 | means a mental health facility or a developmental disability | ||||||
20 | facility as defined in Sections 1-114 and 1-107 of the Mental | ||||||
21 | Health and Developmental Disabilities Code. | ||||||
22 | For purposes of this Section, "community agency" or | ||||||
23 | "agency" means any community entity or program providing mental | ||||||
24 | health or developmental disabilities services that is | ||||||
25 | licensed, certified, or funded by the Department of Human | ||||||
26 | Services and is not licensed or certified by an other human |
| |||||||
| |||||||
1 | services agency of the State (for example, the Department of | ||||||
2 | Public Health, the Department of Children and Family Services, | ||||||
3 | or the Department of Healthcare and Family Services). | ||||||
4 | When the Office of the Inspector General has substantiated | ||||||
5 | a case of abuse or neglect, the Inspector General shall include | ||||||
6 | in the final report any mitigating or aggravating circumstances | ||||||
7 | that were identified during the investigation. Upon | ||||||
8 | determination that a report of neglect is substantiated, the | ||||||
9 | Inspector General shall then determine whether such neglect | ||||||
10 | rises to the level of egregious neglect. | ||||||
11 | (b) Department of State Police. The Inspector General | ||||||
12 | shall, within 24 hours after determining that a reported | ||||||
13 | allegation of suspected abuse or neglect indicates that any | ||||||
14 | possible criminal act has been committed or that special | ||||||
15 | expertise is required in the investigation, immediately notify | ||||||
16 | the Department of State Police or the appropriate law | ||||||
17 | enforcement entity. The Department of State Police shall | ||||||
18 | investigate any report from a State-operated facility | ||||||
19 | indicating a possible murder, rape, or other felony. All | ||||||
20 | investigations conducted by the Inspector General shall be | ||||||
21 | conducted in a manner designed to ensure the preservation of | ||||||
22 | evidence for possible use in a criminal prosecution. | ||||||
23 | (b-5) Preliminary report of investigation; facility or | ||||||
24 | agency response. The Inspector General shall make a | ||||||
25 | determination to accept or reject a preliminary report of the | ||||||
26 | investigation of alleged abuse or neglect based on established |
| |||||||
| |||||||
1 | investigative procedures. Notice of the Inspector General's | ||||||
2 | determination must be given to the person who claims to be the | ||||||
3 | victim of the abuse or neglect, to the person or persons | ||||||
4 | alleged to have been responsible for abuse or neglect, and to | ||||||
5 | the facility or agency. The facility or agency or the person or | ||||||
6 | persons alleged to have been responsible for the abuse or | ||||||
7 | neglect and the person who claims to be the victim of the abuse | ||||||
8 | or neglect may request clarification or reconsideration based | ||||||
9 | on additional information. For cases where the allegation of | ||||||
10 | abuse or neglect is substantiated, the Inspector General shall | ||||||
11 | require the facility or agency to submit a written response. | ||||||
12 | The written response from a facility or agency shall address in | ||||||
13 | a concise and reasoned manner the actions that the agency or | ||||||
14 | facility will take or has taken to protect the resident or | ||||||
15 | patient from abuse or neglect, prevent reoccurrences, and | ||||||
16 | eliminate problems identified and shall include implementation | ||||||
17 | and completion dates for all such action. | ||||||
18 | (c) Inspector General's report; facility's or agency's | ||||||
19 | implementation reports. The Inspector General shall, within 10 | ||||||
20 | calendar days after the transmittal date of a completed | ||||||
21 | investigation where abuse or neglect is substantiated or | ||||||
22 | administrative action is recommended, provide a complete | ||||||
23 | report on the case to the Secretary of Human Services and to | ||||||
24 | the agency in which the abuse or neglect is alleged to have | ||||||
25 | happened. The complete report shall include a written response | ||||||
26 | from the agency or facility operated by the State to the |
| |||||||
| |||||||
1 | Inspector General that addresses in a concise and reasoned | ||||||
2 | manner the actions that the agency or facility will take or has | ||||||
3 | taken to protect the resident or patient from abuse or neglect, | ||||||
4 | prevent reoccurrences, and eliminate problems identified and | ||||||
5 | shall include implementation and completion dates for all such | ||||||
6 | action. The Secretary of Human Services shall accept or reject | ||||||
7 | the response and establish how the Department will determine | ||||||
8 | whether the facility or program followed the approved response. | ||||||
9 | The Secretary may require Department personnel to visit the | ||||||
10 | facility or agency for training, technical assistance, | ||||||
11 | programmatic, licensure, or certification purposes. | ||||||
12 | Administrative action, including sanctions, may be applied | ||||||
13 | should the Secretary reject the response or should the facility | ||||||
14 | or agency fail to follow the approved response. Within 30 days | ||||||
15 | after the Secretary has approved a response, the facility or | ||||||
16 | agency making the response shall provide an implementation | ||||||
17 | report to the Inspector General on the status of the corrective | ||||||
18 | action implemented. Within 60 days after the Secretary has | ||||||
19 | approved the response, the facility or agency shall send notice | ||||||
20 | of the completion of the corrective action or shall send an | ||||||
21 | updated implementation report. The facility or agency shall | ||||||
22 | continue sending updated implementation reports every 60 days | ||||||
23 | until the facility or agency sends a notice of the completion | ||||||
24 | of the corrective action. The Inspector General shall review | ||||||
25 | any implementation plan that takes more than 120 days. The | ||||||
26 | Inspector General shall monitor compliance through a random |
| |||||||
| |||||||
1 | review of completed corrective actions. This monitoring may | ||||||
2 | include, but need not be limited to, site visits, telephone | ||||||
3 | contacts, or requests for written documentation from the | ||||||
4 | facility or agency to determine whether the facility or agency | ||||||
5 | is in compliance with the approved response. The facility or | ||||||
6 | agency shall inform the resident or patient and the legal | ||||||
7 | guardian whether the reported allegation was substantiated, | ||||||
8 | unsubstantiated, or unfounded. There shall be an appeals | ||||||
9 | process for any person or agency that is subject to any action | ||||||
10 | based on a recommendation or recommendations. | ||||||
11 | (d) Sanctions. The Inspector General may recommend to the | ||||||
12 | Departments of Public Health and Human Services sanctions to be | ||||||
13 | imposed against mental health and developmental disabilities | ||||||
14 | facilities under the jurisdiction of the Department of Human | ||||||
15 | Services for the protection of residents, including | ||||||
16 | appointment of on-site monitors or receivers, transfer or | ||||||
17 | relocation of residents, and closure of units. The Inspector | ||||||
18 | General may seek the assistance of the Attorney General or any | ||||||
19 | of the several State's Attorneys in imposing such sanctions. | ||||||
20 | Whenever the Inspector General issues any recommendations to | ||||||
21 | the Secretary of Human Services, the Secretary shall provide a | ||||||
22 | written response. | ||||||
23 | (e) Training programs. The Inspector General shall | ||||||
24 | establish and conduct periodic training programs for | ||||||
25 | Department of Human Services employees and community agency | ||||||
26 | employees concerning the prevention and reporting of neglect |
| |||||||
| |||||||
1 | and abuse. | ||||||
2 | (f) Access to facilities. The Inspector General shall at | ||||||
3 | all times be granted access to any mental health or | ||||||
4 | developmental disabilities facility operated by the Department | ||||||
5 | of Human Services, shall establish and conduct unannounced site | ||||||
6 | visits to those facilities at least once annually, and shall be | ||||||
7 | granted access, for the purpose of investigating a report of | ||||||
8 | abuse or neglect, to the records of the Department of Human | ||||||
9 | Services and to any facility or program funded by the | ||||||
10 | Department of Human Services that is subject under the | ||||||
11 | provisions of this Section to investigation by the Inspector | ||||||
12 | General for a report of abuse or neglect. | ||||||
13 | (g) Other investigations. Nothing in this Section shall | ||||||
14 | limit investigations by the Department of Human Services that | ||||||
15 | may otherwise be required by law or that may be necessary in | ||||||
16 | that Department's capacity as the central administrative | ||||||
17 | authority responsible for the operation of State mental health | ||||||
18 | and developmental disability facilities. | ||||||
19 | (g-5) Health care worker registry. After notice and an | ||||||
20 | opportunity for a hearing that is separate and distinct from | ||||||
21 | the Office of the Inspector General's appeals process as | ||||||
22 | implemented under subsection (c) of this Section, the Inspector | ||||||
23 | General shall report to the Department of Public Health's | ||||||
24 | health care worker registry under Section 3-206.01 of the | ||||||
25 | Nursing Home Care Act the identity of individuals against whom | ||||||
26 | there has been a substantiated finding of physical or sexual |
| |||||||
| |||||||
1 | abuse or egregious neglect of a service recipient. | ||||||
2 | Nothing in this subsection shall diminish or impair the | ||||||
3 | rights of a person who is a member of a collective bargaining | ||||||
4 | unit pursuant to the Illinois Public Labor Relations Act or | ||||||
5 | pursuant to any federal labor statute. An individual who is a | ||||||
6 | member of a collective bargaining unit as described above shall | ||||||
7 | not be reported to the Department of Public Health's health | ||||||
8 | care worker registry until the exhaustion of that individual's | ||||||
9 | grievance and arbitration rights, or until 3 months after the | ||||||
10 | initiation of the grievance process, whichever occurs first, | ||||||
11 | provided that the Department of Human Services' hearing under | ||||||
12 | this subsection regarding the reporting of an individual to the | ||||||
13 | Department of Public Health's health care worker registry has | ||||||
14 | concluded. Notwithstanding anything hereinafter or previously | ||||||
15 | provided, if an action taken by an employer against an | ||||||
16 | individual as a result of the circumstances that led to a | ||||||
17 | finding of physical or sexual abuse or egregious neglect is | ||||||
18 | later overturned under a grievance or arbitration procedure | ||||||
19 | provided for in Section 8 of the Illinois Public Labor | ||||||
20 | Relations Act or under a collective bargaining agreement, the | ||||||
21 | report must be removed from the registry. | ||||||
22 | The Department of Human Services shall promulgate or amend | ||||||
23 | rules as necessary or appropriate to establish procedures for | ||||||
24 | reporting to the registry, including the definition of | ||||||
25 | egregious neglect, procedures for notice to the individual and | ||||||
26 | victim, appeal and hearing procedures, and petition for removal |
| |||||||
| |||||||
1 | of the report from the registry. The portion of the rules | ||||||
2 | pertaining to hearings shall provide that, at the hearing, both | ||||||
3 | parties may present written and oral evidence. The Department | ||||||
4 | shall be required to establish by a preponderance of the | ||||||
5 | evidence that the Office of the Inspector General's finding of | ||||||
6 | physical or sexual abuse or egregious neglect warrants | ||||||
7 | reporting to the Department of Public Health's health care | ||||||
8 | worker registry under Section 3-206.01 of the Nursing Home Care | ||||||
9 | Act. | ||||||
10 | Notice to the individual shall include a clear and concise | ||||||
11 | statement of the grounds on which the report to the registry is | ||||||
12 | based and notice of the opportunity for a hearing to contest | ||||||
13 | the report. The Department of Human Services shall provide the | ||||||
14 | notice by certified mail to the last known address of the | ||||||
15 | individual. The notice shall give the individual an opportunity | ||||||
16 | to contest the report in a hearing before the Department of | ||||||
17 | Human Services or to submit a written response to the findings | ||||||
18 | instead of requesting a hearing. If the individual does not | ||||||
19 | request a hearing or if after notice and a hearing the | ||||||
20 | Department of Human Services finds that the report is valid, | ||||||
21 | the finding shall be included as part of the registry, as well | ||||||
22 | as a brief statement from the reported individual if he or she | ||||||
23 | chooses to make a statement. The Department of Public Health | ||||||
24 | shall make available to the public information reported to the | ||||||
25 | registry. In a case of inquiries concerning an individual | ||||||
26 | listed in the registry, any information disclosed concerning a |
| |||||||
| |||||||
1 | finding of abuse or neglect shall also include disclosure of | ||||||
2 | the individual's brief statement in the registry relating to | ||||||
3 | the reported finding or include a clear and accurate summary of | ||||||
4 | the statement. | ||||||
5 | At any time after the report of the registry, an individual | ||||||
6 | may petition the Department of Human Services for removal from | ||||||
7 | the registry of the finding against him or her. Upon receipt of | ||||||
8 | such a petition, the Department of Human Services shall conduct | ||||||
9 | an investigation and hearing on the petition. Upon completion | ||||||
10 | of the investigation and hearing, the Department of Human | ||||||
11 | Services shall report the removal of the finding to the | ||||||
12 | registry unless the Department of Human Services determines | ||||||
13 | that removal is not in the public interest. | ||||||
14 | (h) Quality Care Board. There is created, within the Office | ||||||
15 | of the Inspector General, a Quality Care Board to be composed | ||||||
16 | of 7 members appointed by the Governor with the advice and | ||||||
17 | consent of the Senate. One of the members shall be designated | ||||||
18 | as chairman by the Governor. Of the initial appointments made | ||||||
19 | by the Governor, 4 Board members shall each be appointed for a | ||||||
20 | term of 4 years and 3 members shall each be appointed for a | ||||||
21 | term of 2 years. Upon the expiration of each member's term, a | ||||||
22 | successor shall be appointed for a term of 4 years. In the case | ||||||
23 | of a vacancy in the office of any member, the Governor shall | ||||||
24 | appoint a successor for the remainder of the unexpired term. | ||||||
25 | Members appointed by the Governor shall be qualified by | ||||||
26 | professional knowledge or experience in the area of law, |
| |||||||
| |||||||
1 | investigatory techniques, or in the area of care of the | ||||||
2 | mentally ill or developmentally disabled. Two members | ||||||
3 | appointed by the Governor shall be persons with a disability or | ||||||
4 | a parent of a person with a disability. Members shall serve | ||||||
5 | without compensation, but shall be reimbursed for expenses | ||||||
6 | incurred in connection with the performance of their duties as | ||||||
7 | members. | ||||||
8 | The Board shall meet quarterly, and may hold other meetings | ||||||
9 | on the call of the chairman. Four members shall constitute a | ||||||
10 | quorum. The Board may adopt rules and regulations it deems | ||||||
11 | necessary to govern its own procedures. | ||||||
12 | (i) Scope and function of the Quality Care Board. The Board | ||||||
13 | shall monitor and oversee the operations, policies, and | ||||||
14 | procedures of the Inspector General to assure the prompt and | ||||||
15 | thorough investigation of allegations of neglect and abuse. In | ||||||
16 | fulfilling these responsibilities, the Board may do the | ||||||
17 | following: | ||||||
18 | (1) Provide independent, expert consultation to the | ||||||
19 | Inspector General on policies and protocols for | ||||||
20 | investigations of alleged neglect and abuse. | ||||||
21 | (2) Review existing regulations relating to the | ||||||
22 | operation of facilities under the control of the Department | ||||||
23 | of Human Services. | ||||||
24 | (3) Advise the Inspector General as to the content of | ||||||
25 | training activities authorized under this Section. | ||||||
26 | (4) Recommend policies concerning methods for |
| |||||||
| |||||||
1 | improving the intergovernmental relationships between the | ||||||
2 | Office of the Inspector General and other State or federal | ||||||
3 | agencies. | ||||||
4 | (j) Investigators. The Inspector General shall establish a | ||||||
5 | comprehensive program to ensure that every person employed or | ||||||
6 | newly hired to conduct investigations shall receive training on | ||||||
7 | an on-going basis concerning investigative techniques, | ||||||
8 | communication skills, and the appropriate means of contact with | ||||||
9 | persons admitted or committed to the mental health or | ||||||
10 | developmental disabilities facilities under the jurisdiction | ||||||
11 | of the Department of Human Services. | ||||||
12 | (k) Subpoenas; testimony; penalty. The Inspector General | ||||||
13 | shall have the power to subpoena witnesses and compel the | ||||||
14 | production of books and papers pertinent to an investigation | ||||||
15 | authorized by this Act, provided that the power to subpoena or | ||||||
16 | to compel the production of books and papers shall not extend | ||||||
17 | to the person or documents of a labor organization or its | ||||||
18 | representatives insofar as the person or documents of a labor | ||||||
19 | organization relate to the function of representing an employee | ||||||
20 | subject to investigation under this Act. Mental health records | ||||||
21 | of patients shall be confidential as provided under the Mental | ||||||
22 | Health and Developmental Disabilities Confidentiality Act. Any | ||||||
23 | person who fails to appear in response to a subpoena or to | ||||||
24 | answer any question or produce any books or papers pertinent to | ||||||
25 | an investigation under this Act, except as otherwise provided | ||||||
26 | in this Section, or who knowingly gives false testimony in |
| |||||||
| |||||||
1 | relation to an investigation under this Act is guilty of a | ||||||
2 | Class A misdemeanor. | ||||||
3 | (l) Annual report. The Inspector General shall provide to | ||||||
4 | the General Assembly and the Governor, no later than January 1 | ||||||
5 | of each year, a summary of reports and investigations made | ||||||
6 | under this Act for the prior fiscal year with respect to | ||||||
7 | residents of institutions under the jurisdiction of the | ||||||
8 | Department of Human Services. The report shall detail the | ||||||
9 | imposition of sanctions and the final disposition of those | ||||||
10 | recommendations. The summaries shall not contain any | ||||||
11 | confidential or identifying information concerning the | ||||||
12 | subjects of the reports and investigations. The report shall | ||||||
13 | also include a trend analysis of the number of reported | ||||||
14 | allegations and their disposition, for each facility and | ||||||
15 | Department-wide, for the most recent 3-year time period and a | ||||||
16 | statement, for each facility, of the staffing-to-patient | ||||||
17 | ratios. The ratios shall include only the number of direct care | ||||||
18 | staff. The report shall also include detailed recommended | ||||||
19 | administrative actions and matters for consideration by the | ||||||
20 | General Assembly. | ||||||
21 | (m) Program audit. The Auditor General shall conduct a | ||||||
22 | biennial program audit of the Office of the Inspector General | ||||||
23 | in relation to the Inspector General's compliance with this | ||||||
24 | Act. The audit shall specifically include the Inspector | ||||||
25 | General's effectiveness in investigating reports of alleged | ||||||
26 | neglect or abuse of residents in any facility operated by the |
| |||||||
| |||||||
1 | Department of Human Services and in making recommendations for | ||||||
2 | sanctions to the Departments of Human Services and Public | ||||||
3 | Health. The Auditor General shall conduct the program audit | ||||||
4 | according to the provisions of the Illinois State Auditing Act | ||||||
5 | and shall report its findings to the General Assembly no later | ||||||
6 | than January 1 of each odd-numbered year.
| ||||||
7 | (Source: P.A. 95-545, eff. 8-28-07.)
| ||||||
8 | Section 55. The Governor's Office of Management and Budget | ||||||
9 | Act is amended by changing Section 1 and by adding Sections 7.1 | ||||||
10 | and 7.2 as follows:
| ||||||
11 | (20 ILCS 3005/1) (from Ch. 127, par. 411)
| ||||||
12 | Sec. 1. Definitions.
| ||||||
13 | "Capital expenditure" means money spent for replacing, | ||||||
14 | remodeling, expanding,
or acquiring facilities, buildings or | ||||||
15 | land owned directly by the State through
any State department, | ||||||
16 | authority, public corporation of the State, State
college or | ||||||
17 | university, or any other public agency created by the State,
| ||||||
18 | but not units of local government or school districts.
| ||||||
19 | "Director" means the Director of the Governor's Office of | ||||||
20 | Management and
Budget.
| ||||||
21 | "Office" means the Governor's Office of Management and | ||||||
22 | Budget.
| ||||||
23 | "State Agency," whether used in the singular or plural, | ||||||
24 | means all
Departments, Officers, Commissions, Boards, |
| |||||||
| |||||||
1 | Institutions and bodies,
politic and corporate of the State, | ||||||
2 | including the Offices of Clerk of
the Supreme Court and Clerks | ||||||
3 | of the Appellate Courts; except it shall
not mean the several | ||||||
4 | Courts of the State, nor the Legislature, its
Committees or | ||||||
5 | Commissions, nor the Constitutionally elected State
Officers , | ||||||
6 | nor the Executive Ethics Commission, nor the Offices of | ||||||
7 | Executive Inspectors General .
| ||||||
8 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
9 | (20 ILCS 3005/7.1 new) | ||||||
10 | Sec. 7.1. Transparency in finance. Upon request by the | ||||||
11 | President of the Senate, the Speaker of the House of | ||||||
12 | Representatives, or the Minority Leaders of the Senate and | ||||||
13 | House of Representatives, the Office shall provide a summary of | ||||||
14 | all formal presentations submitted by the Office to credit | ||||||
15 | rating agencies or potential investors in State bonds. Within | ||||||
16 | 10 business days after the submission of State financial | ||||||
17 | information to credit rating agencies or potential investors in | ||||||
18 | State bonds, a summary of the submitted information shall be | ||||||
19 | provided to the legislative leaders and posted on the Office's | ||||||
20 | website. Notwithstanding any provision to the contrary, the | ||||||
21 | Office shall not release any information that is not subject to | ||||||
22 | disclosure under the Freedom of Information Act.
| ||||||
23 | (20 ILCS 3005/7.2 new) | ||||||
24 | Sec. 7.2. Quarterly financial reports. The Office shall |
| |||||||
| |||||||
1 | prepare and publish a quarterly financial report to update the | ||||||
2 | public and the General Assembly on the status of the State's | ||||||
3 | finances. At a minimum, each report shall include the following | ||||||
4 | information: | ||||||
5 | (1) A review of the State's economic outlook. | ||||||
6 | (2) A review of general funds revenue performance, both | ||||||
7 | quarterly and year to date, and an evaluation of that | ||||||
8 | performance. | ||||||
9 | (3) The outlook for future general funds revenue | ||||||
10 | performance, including projections of future general funds | ||||||
11 | revenues. | ||||||
12 | (4) An assessment of the State's financial position, | ||||||
13 | including a summary of general fund receipts, transfers, | ||||||
14 | expenditures, and liabilities. | ||||||
15 | (5) A review of Statewide employment statistics. | ||||||
16 | (6) Other information necessary to present the status | ||||||
17 | of the State's finances. | ||||||
18 | In addition, the fourth quarter report for each fiscal year | ||||||
19 | shall include a summary of fiscal and balanced budget notes | ||||||
20 | issued by the Office to the General Assembly during the prior | ||||||
21 | legislative session. Each report shall be posted on the | ||||||
22 | Office's website within 45 days.
| ||||||
23 | Section 60. The General Assembly Compensation Act is | ||||||
24 | amended by changing Section 4 as follows:
|
| |||||||
| |||||||
1 | (25 ILCS 115/4) (from Ch. 63, par. 15.1)
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2 | Sec. 4. Office allowance. Beginning July 1, 2001, each | ||||||
3 | member
of the House
of Representatives is authorized to approve | ||||||
4 | the expenditure of not more than
$61,000 per year and each | ||||||
5 | member of the
Senate is authorized to approve the
expenditure | ||||||
6 | of not more than $73,000 per
year to pay for "personal | ||||||
7 | services",
"contractual services", "commodities", "printing", | ||||||
8 | "travel",
"operation of automotive equipment", | ||||||
9 | "telecommunications services", as
defined in the State Finance | ||||||
10 | Act, and the compensation of one or more
legislative assistants | ||||||
11 | authorized pursuant to this Section, in connection
with his or | ||||||
12 | her legislative duties and not in connection with any political
| ||||||
13 | campaign.
On July 1, 2002 and on July 1 of each year | ||||||
14 | thereafter, the amount authorized
per year under this Section | ||||||
15 | for each member of the Senate and each member of
the House of | ||||||
16 | Representatives shall be increased by a percentage increase
| ||||||
17 | equivalent to the lesser of (i) the increase in the designated | ||||||
18 | cost of living
index or (ii) 5%. The designated cost of living | ||||||
19 | index is the index known as
the "Employment Cost Index, Wages | ||||||
20 | and Salaries, By
Occupation and Industry Groups: State and | ||||||
21 | Local Government Workers: Public
Administration" as published | ||||||
22 | by the Bureau of Labor Statistics of the U.S.
Department of | ||||||
23 | Labor for the calendar year immediately preceding the year of | ||||||
24 | the
respective July 1st increase date. The increase shall be | ||||||
25 | added to the then
current amount, and the adjusted amount so | ||||||
26 | determined shall be the annual
amount beginning July 1 of the |
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| |||||||
1 | increase year until July 1 of the next year. No
increase under | ||||||
2 | this provision shall be less than zero.
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3 | A member may purchase office equipment if the member | ||||||
4 | certifies
to the Secretary of the Senate or the Clerk of the | ||||||
5 | House, as applicable,
that the purchase price, whether paid in | ||||||
6 | lump sum or installments, amounts
to less than would be charged | ||||||
7 | for renting or leasing the equipment over
its anticipated | ||||||
8 | useful life. All such equipment must be purchased through
the | ||||||
9 | Secretary of the Senate or the Clerk of the House, as | ||||||
10 | applicable, for
proper identification and verification of | ||||||
11 | purchase.
| ||||||
12 | Each member of the General Assembly is authorized to employ | ||||||
13 | one or more
legislative assistants, who shall be solely under | ||||||
14 | the direction and control
of that member, for the purpose of | ||||||
15 | assisting the member in the performance
of his or her official | ||||||
16 | duties. A legislative assistant may be employed
pursuant to | ||||||
17 | this Section as a full-time employee, part-time employee, or
| ||||||
18 | contractual employee, at
the discretion of the member. If | ||||||
19 | employed as a State employee, a
legislative assistant shall | ||||||
20 | receive employment benefits on the same terms
and conditions | ||||||
21 | that apply to other employees of the General Assembly.
Each | ||||||
22 | member shall adopt and implement personnel policies
for | ||||||
23 | legislative assistants under his or her direction and
control | ||||||
24 | relating to work time requirements, documentation for | ||||||
25 | reimbursement for
travel on official State business, | ||||||
26 | compensation, and the earning and accrual of
State benefits for |
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| |||||||
1 | those legislative assistants who may be eligible to receive
| ||||||
2 | those benefits.
The policies shall also require legislative | ||||||
3 | assistants to
periodically submit time sheets documenting, in | ||||||
4 | quarter-hour increments, the
time
spent each day on official | ||||||
5 | State business.
The
policies shall require the time sheets to | ||||||
6 | be submitted on paper,
electronically, or both and to be | ||||||
7 | maintained in either paper or electronic
format by the | ||||||
8 | applicable fiscal office
for a period of at least 2 years.
| ||||||
9 | Contractual employees may satisfy
the time sheets requirement | ||||||
10 | by complying with the terms of their contract,
which shall | ||||||
11 | provide for a means of compliance with this requirement.
A | ||||||
12 | member may
satisfy the requirements of this paragraph by | ||||||
13 | adopting and implementing the
personnel policies promulgated | ||||||
14 | by that
member's legislative leader under the State Officials | ||||||
15 | and Employees Ethics
Act
with respect to that member's | ||||||
16 | legislative
assistants.
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17 | As used in this Section the term "personal services" shall | ||||||
18 | include
contributions of the State under the Federal Insurance | ||||||
19 | Contribution Act and
under Article 14 of the Illinois Pension | ||||||
20 | Code. As used in this Section the
term "contractual services" | ||||||
21 | shall not include improvements to real property
unless those | ||||||
22 | improvements are the obligation of the lessee under the lease
| ||||||
23 | agreement. Beginning July 1, 1989, as used in the Section, the | ||||||
24 | term "travel"
shall be limited to travel in connection with a | ||||||
25 | member's legislative duties and
not in connection with any | ||||||
26 | political campaign. Beginning on the effective
date of this |
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| |||||||
1 | amendatory Act of the 93rd General Assembly, as
used
in this | ||||||
2 | Section, the term "printing" includes, but is not limited to,
| ||||||
3 | newsletters,
brochures, certificates,
congratulatory
mailings,
| ||||||
4 | greeting or welcome messages, anniversary or
birthday cards, | ||||||
5 | and congratulations for prominent achievement cards. As used
in | ||||||
6 | this Section, the term "printing" includes fees for | ||||||
7 | non-substantive
resolutions charged by the Clerk of the House | ||||||
8 | of Representatives under
subsection (c-5) of Section 1 of the | ||||||
9 | Legislative Materials Act.
No newsletter or brochure that is | ||||||
10 | paid for, in whole or in part, with
funds
provided under this | ||||||
11 | Section may be printed or mailed during a period
beginning | ||||||
12 | December 15 of the year preceding a general primary
election | ||||||
13 | and ending the day after the general primary election and | ||||||
14 | during a
period beginning September 1 of the year of a general | ||||||
15 | election and ending the
day after the general election, except | ||||||
16 | that such a newsletter or brochure may
be mailed during
those | ||||||
17 | times if it is mailed to a constituent in response to that | ||||||
18 | constituent's
inquiry concerning the needs of that constituent | ||||||
19 | or questions raised by that
constituent.
Nothing in
this | ||||||
20 | Section shall be construed to authorize expenditures for | ||||||
21 | lodging and meals
while a member is in attendance at sessions | ||||||
22 | of the General Assembly.
| ||||||
23 | Any utility bill for service provided to a member's | ||||||
24 | district office for
a period including portions of 2 | ||||||
25 | consecutive fiscal years may be paid from
funds appropriated | ||||||
26 | for such expenditure in either fiscal year.
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1 | If a vacancy occurs in the office of Senator or | ||||||
2 | Representative in the General
Assembly, any office equipment in | ||||||
3 | the possession of the vacating member
shall transfer to the | ||||||
4 | member's successor; if the successor does not want
such | ||||||
5 | equipment, it shall be transferred to the Secretary of the | ||||||
6 | Senate or
Clerk of the House of Representatives, as the case | ||||||
7 | may be, and if not
wanted by other members of the General | ||||||
8 | Assembly then to the Department of
Central Management Services | ||||||
9 | for treatment as surplus property under the
State Property | ||||||
10 | Control Act. Each member, on or before June 30th of each
year, | ||||||
11 | shall conduct an inventory of all equipment purchased pursuant | ||||||
12 | to
this Act. Such inventory shall be filed with the Secretary | ||||||
13 | of the Senate
or the Clerk of the House, as the case may be. | ||||||
14 | Whenever a vacancy occurs,
the Secretary of the Senate or the | ||||||
15 | Clerk of the House, as the case may be,
shall conduct an | ||||||
16 | inventory of equipment purchased.
| ||||||
17 | In the event that a member leaves office during his or her | ||||||
18 | term, any
unexpended or unobligated portion of the allowance | ||||||
19 | granted under this Section
shall lapse. The vacating member's | ||||||
20 | successor shall be granted an allowance
in an amount, rounded | ||||||
21 | to the nearest dollar, computed by dividing the annual
| ||||||
22 | allowance by 365 and multiplying the quotient by the number of | ||||||
23 | days remaining
in the fiscal year.
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24 | From any appropriation for the purposes of this Section for | ||||||
25 | a
fiscal year which overlaps 2 General Assemblies, no more than | ||||||
26 | 1/2 of the
annual allowance per member may be spent or |
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1 | encumbered by any member of
either the outgoing or incoming | ||||||
2 | General Assembly, except that any member
of the incoming | ||||||
3 | General Assembly who was a member of the outgoing General
| ||||||
4 | Assembly may encumber or spend any portion of his annual | ||||||
5 | allowance within
the fiscal year.
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6 | The appropriation for the annual allowances permitted by | ||||||
7 | this Section
shall be included in an appropriation to the | ||||||
8 | President of the Senate and to
the Speaker of the House of | ||||||
9 | Representatives for their respective members.
The President of | ||||||
10 | the Senate and the Speaker of the House shall voucher for
| ||||||
11 | payment individual members' expenditures from their annual | ||||||
12 | office
allowances to the State Comptroller, subject to the | ||||||
13 | authority of the
Comptroller under Section 9 of the State | ||||||
14 | Comptroller Act.
| ||||||
15 | Nothing in this Section prohibits the expenditure of | ||||||
16 | personal funds or the funds of a political committee controlled | ||||||
17 | by an officeholder to defray the customary and reasonable | ||||||
18 | expenses of an officeholder in connection with the performance | ||||||
19 | of governmental and public service functions. | ||||||
20 | (Source: P.A. 95-6, eff. 6-20-07.)
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21 | Section 65. The Lobbyist Registration Act is amended by | ||||||
22 | changing Sections 2, 3, 3.1, 5, 6, 7, 10, and 11 and by adding | ||||||
23 | Sections 4.5 and 11.3 as follows:
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24 | (25 ILCS 170/2) (from Ch. 63, par. 172)
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1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
2 | context otherwise
requires:
| ||||||
3 | (a) "Person" means any individual, firm, partnership, | ||||||
4 | committee,
association, corporation, or any other organization | ||||||
5 | or group of persons.
| ||||||
6 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
7 | advance, deposit,
or gift of money or anything of value, and | ||||||
8 | includes a contract, promise, or
agreement, whether or not | ||||||
9 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
10 | purpose of influencing executive, legislative, or | ||||||
11 | administrative
action, other than compensation as defined in | ||||||
12 | subsection (d).
| ||||||
13 | (c) "Official" means:
| ||||||
14 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
15 | State, Attorney
General, State Treasurer, and State | ||||||
16 | Comptroller;
| ||||||
17 | (2) Chiefs of Staff for officials described in item | ||||||
18 | (1);
| ||||||
19 | (3) Cabinet members of any elected constitutional | ||||||
20 | officer, including
Directors, Assistant Directors and | ||||||
21 | Chief Legal Counsel or General Counsel;
| ||||||
22 | (4) Members of the General Assembly.
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23 | (d) "Compensation" means any money, thing of value or | ||||||
24 | financial benefits
received or to be received in return for | ||||||
25 | services rendered or to be
rendered, for lobbying as defined in | ||||||
26 | subsection (e).
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1 | Monies paid to members of the General Assembly by the State | ||||||
2 | as
remuneration for performance of their Constitutional and | ||||||
3 | statutory duties
as members of the General Assembly shall not | ||||||
4 | constitute compensation as
defined by this Act.
| ||||||
5 | (e) "Lobby" and "lobbying"
"Lobbying" means any | ||||||
6 | communication with an official of the
executive or legislative | ||||||
7 | branch of State government as defined in subsection
(c) for the | ||||||
8 | ultimate purpose of influencing any executive, legislative, or
| ||||||
9 | administrative action.
| ||||||
10 | (f) "Influencing" means any communication, action, | ||||||
11 | reportable
expenditure as prescribed in Section 6 or other | ||||||
12 | means used to promote,
support, affect, modify, oppose or delay | ||||||
13 | any executive, legislative or
administrative action or to | ||||||
14 | promote goodwill with officials as defined in
subsection (c).
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15 | (g) "Executive action" means the proposal, drafting, | ||||||
16 | development,
consideration, amendment, adoption, approval, | ||||||
17 | promulgation, issuance,
modification, rejection or | ||||||
18 | postponement by a State entity of a rule,
regulation, order, | ||||||
19 | decision, determination, contractual arrangement, purchasing
| ||||||
20 | agreement or other quasi-legislative or quasi-judicial action | ||||||
21 | or proceeding.
| ||||||
22 | (h) "Legislative action" means the development, drafting, | ||||||
23 | introduction,
consideration, modification, adoption, | ||||||
24 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
25 | amendment, resolution, report, nomination,
administrative rule | ||||||
26 | or other matter by either house of the General Assembly or
a |
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| |||||||
1 | committee thereof, or by a legislator. Legislative action also | ||||||
2 | means the
action of the Governor in approving or vetoing any | ||||||
3 | bill or portion thereof, and
the action of the Governor or any | ||||||
4 | agency in the development of a proposal for
introduction in the | ||||||
5 | legislature.
| ||||||
6 | (i) "Administrative action" means the execution or | ||||||
7 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
8 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
9 | other delegated legislative or quasi-legislative action
to be | ||||||
10 | taken or withheld by any executive agency, department, board or
| ||||||
11 | commission of the State.
| ||||||
12 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
13 | lobby State government
as provided in subsection (e).
| ||||||
14 | (k) "Lobbying entity" means any entity that hires, retains, | ||||||
15 | employs, or compensates a natural person to lobby State | ||||||
16 | government as provided in subsection (e).
| ||||||
17 | (Source: P.A. 88-187.)
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18 | (25 ILCS 170/3) (from Ch. 63, par. 173)
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19 | Sec. 3. Persons required to register.
| ||||||
20 | (a) Except as provided in Section
Sections 4 and 9, any | ||||||
21 | natural
the following persons shall
register with the Secretary | ||||||
22 | of State as provided herein: (1) Any person who, for | ||||||
23 | compensation or otherwise,
undertakes to lobby, or any
either | ||||||
24 | individually or as an employee or contractual employee of | ||||||
25 | another
person, undertakes to influence executive, legislative |
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| |||||||
1 | or administrative
action. (2) Any person or entity who employs | ||||||
2 | another person for the purposes
of lobbying, shall register | ||||||
3 | with the Secretary of State as provided in this Act, unless | ||||||
4 | that person or entity qualifies for one or more of the | ||||||
5 | following exemptions
influencing executive, legislative or | ||||||
6 | administrative action .
| ||||||
7 | (1) Persons or entities who, for the purpose of | ||||||
8 | influencing executive, legislative, or administrative | ||||||
9 | action and who do not make expenditures that are reportable | ||||||
10 | pursuant to Section 6, appear without compensation or | ||||||
11 | promise thereof only as witnesses before committees of the | ||||||
12 | House and Senate for the purpose of explaining or arguing | ||||||
13 | for or against the passage of or action upon any | ||||||
14 | legislation then pending before those committees, or who | ||||||
15 | seek without compensation or promise thereof the approval | ||||||
16 | or veto of any legislation by the Governor. | ||||||
17 | (1.4) A unit of local government or a school district. | ||||||
18 | (1.5) An elected or appointed official or an employee | ||||||
19 | of a unit of local government or school district who, in | ||||||
20 | the scope of his or her public office or employment, seeks | ||||||
21 | to influence executive, legislative, or administrative | ||||||
22 | action exclusively on behalf of that unit of local | ||||||
23 | government or school district. | ||||||
24 | (2) Persons or entities who own, publish, or are | ||||||
25 | employed by a newspaper or other regularly published | ||||||
26 | periodical, or who own or are employed by a radio station, |
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1 | television station, or other bona fide news medium that in | ||||||
2 | the ordinary course of business disseminates news, | ||||||
3 | editorial or other comment, or paid advertisements that | ||||||
4 | directly urge the passage or defeat of legislation. This | ||||||
5 | exemption is not applicable to such an individual insofar | ||||||
6 | as he or she receives additional compensation or expenses | ||||||
7 | from some source other than the bona fide news medium for | ||||||
8 | the purpose of influencing executive, legislative, or | ||||||
9 | administrative action. This exemption does not apply to | ||||||
10 | newspapers and periodicals owned by or published by trade | ||||||
11 | associations and not-for-profit corporations engaged | ||||||
12 | primarily in endeavors other than dissemination of news. | ||||||
13 | (3) Persons or entities performing professional | ||||||
14 | services in drafting bills or in advising and rendering | ||||||
15 | opinions to clients as to the construction and effect of | ||||||
16 | proposed or pending legislation when those professional | ||||||
17 | services are not otherwise, directly or indirectly, | ||||||
18 | connected with executive, legislative, or administrative | ||||||
19 | action. | ||||||
20 | (4) Persons or entities who are employees of | ||||||
21 | departments, divisions, or agencies of State government | ||||||
22 | and who appear before committees of the House and Senate | ||||||
23 | for the purpose of explaining how the passage of or action | ||||||
24 | upon any legislation then pending before those committees | ||||||
25 | will affect those departments, divisions, or agencies of | ||||||
26 | State government. |
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| |||||||
1 | (5) Employees of the General Assembly, legislators, | ||||||
2 | legislative agencies, and legislative commissions who, in | ||||||
3 | the course of their official duties only, engage in | ||||||
4 | activities that otherwise qualify as lobbying. | ||||||
5 | (6) Persons or entities in possession of technical | ||||||
6 | skills and knowledge relevant to certain areas of | ||||||
7 | executive, legislative, or administrative actions, whose | ||||||
8 | skills and knowledge would be helpful to officials when | ||||||
9 | considering those actions, whose activities are limited to | ||||||
10 | making occasional appearances for or communicating on | ||||||
11 | behalf of a registrant, and who do not make expenditures | ||||||
12 | that are reportable pursuant to Section 6 even though | ||||||
13 | receiving expense reimbursement for those occasional | ||||||
14 | appearances. | ||||||
15 | (7) Any full-time employee of a bona fide church or | ||||||
16 | religious organization who represents that organization | ||||||
17 | solely for the purpose of protecting the right of the | ||||||
18 | members thereof to practice the religious doctrines of that | ||||||
19 | church or religious organization, or any such bona fide | ||||||
20 | church or religious organization. | ||||||
21 | (8) Persons who receive no compensation other than | ||||||
22 | reimbursement for expenses of up to $500 per year while | ||||||
23 | engaged in lobbying State government, unless those persons | ||||||
24 | make expenditures that are reportable under Section 6. | ||||||
25 | (9) Any attorney or group or firm of attorneys in the | ||||||
26 | course of representing a client in any administrative or |
| |||||||
| |||||||
1 | judicial proceeding, or any witness providing testimony in | ||||||
2 | any administrative or judicial proceeding, in which ex | ||||||
3 | parte communications are not allowed and who does not make | ||||||
4 | expenditures that are reportable pursuant to Section 6. | ||||||
5 | (10) Persons or entities who, in the scope of their | ||||||
6 | employment as a vendor, offer or solicit an official for | ||||||
7 | the purchase of any goods or services when (1) the | ||||||
8 | solicitation is limited to either an oral inquiry or | ||||||
9 | written advertisements and informative literature; or (2) | ||||||
10 | the goods and services are subject to competitive bidding | ||||||
11 | requirements of the Illinois Procurement Code; or (3) the | ||||||
12 | goods and services are for sale at a cost not to exceed | ||||||
13 | $5,000; and (4) the persons or entities do not make | ||||||
14 | expenditures that are reportable under Section 6.
| ||||||
15 | (b) It is a violation of this Act to engage in lobbying or | ||||||
16 | to employ any
person for the purpose of lobbying who is not | ||||||
17 | registered with the Office of the
Secretary of State, except | ||||||
18 | upon condition that the person register and the
person does in | ||||||
19 | fact register within 2 business days after being employed or | ||||||
20 | retained for lobbying services.
| ||||||
21 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
22 | (25 ILCS 170/3.1)
| ||||||
23 | Sec. 3.1. Prohibition on serving on boards and commissions.
| ||||||
24 | Notwithstanding any other law of this State, on and after | ||||||
25 | February 1, 2004,
but not before that date, a person required |
| |||||||
| |||||||
1 | to be registered
under this Act, his or her spouse, and his or | ||||||
2 | her immediate family members
living with that person may not
| ||||||
3 | serve on a board, commission, authority, or task force | ||||||
4 | authorized or created
by State law or by executive order of the | ||||||
5 | Governor if the lobbyist is engaged in the same subject area as | ||||||
6 | defined in Section 5(c-6) as the board or commission ; except | ||||||
7 | that this
restriction does not apply to any of the
following:
| ||||||
8 | (1) a registered lobbyist, his or her spouse, or any | ||||||
9 | immediate family
member living with the registered | ||||||
10 | lobbyist, who is serving in an elective
public office, | ||||||
11 | whether
elected or appointed to fill a vacancy; and
| ||||||
12 | (2) a registered lobbyist, his or her spouse, or any | ||||||
13 | immediate family
member living with the registered | ||||||
14 | lobbyist, who is serving on a State
advisory body
that | ||||||
15 | makes nonbinding recommendations to an agency of State | ||||||
16 | government
but does not make binding recommendations or | ||||||
17 | determinations or take any
other substantive action.
| ||||||
18 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
19 | (25 ILCS 170/4.5 new) | ||||||
20 | Sec. 4.5. Ethics training. Each person required to register | ||||||
21 | under this Act must complete a program of ethics training | ||||||
22 | provided by the Secretary of State. A person registered under | ||||||
23 | this Act must complete the training program during each | ||||||
24 | calendar year the person remains registered. If the Secretary | ||||||
25 | of State uses the ethics training developed in accordance with |
| |||||||
| |||||||
1 | Section 5-10 of the State Officials and Employees Ethics Act, | ||||||
2 | that training must be expanded to include appropriate | ||||||
3 | information about the requirements, responsibilities, and | ||||||
4 | opportunities imposed by or arising under this Act, including | ||||||
5 | reporting requirements. | ||||||
6 | The Secretary of State shall adopt rules for the | ||||||
7 | implementation of this Section.
| ||||||
8 | (25 ILCS 170/5)
| ||||||
9 | Sec. 5. Lobbyist registration and disclosure. Every person | ||||||
10 | required to
register under Section 3 shall
before any service
| ||||||
11 | is performed which requires the person to register, but in any | ||||||
12 | event not
later than 2 business days after being employed or | ||||||
13 | retained, and on or before
each
January 31 and July 31 | ||||||
14 | thereafter, file in the Office of the
Secretary of State a | ||||||
15 | written statement in a format prescribed by the Secretary of | ||||||
16 | State containing the
following
information
with respect to each | ||||||
17 | person or entity
employing or retaining the person required to | ||||||
18 | register:
| ||||||
19 | (a) The registrant's name, permanent address, e-mail
| ||||||
20 | address, if any,
fax
number, if any, business telephone | ||||||
21 | number, and temporary address, if the
registrant has a | ||||||
22 | temporary address while lobbying.
| ||||||
23 | (a-5) If the registrant is an organization or business | ||||||
24 | entity, the
information required under subsection (a) for | ||||||
25 | each person associated with the
registrant who will be |
| |||||||
| |||||||
1 | lobbying,
regardless of whether lobbying is a significant | ||||||
2 | part of his or her duties.
| ||||||
3 | (b) The name and address of the person or persons | ||||||
4 | employing or retaining
registrant to perform such services | ||||||
5 | or on whose behalf the registrant appears.
| ||||||
6 | (c) A brief description of the executive, legislative, | ||||||
7 | or administrative
action in reference to which such service | ||||||
8 | is to be rendered.
| ||||||
9 | (c-5) Each executive and legislative branch agency the | ||||||
10 | registrant
expects
to lobby during the registration | ||||||
11 | period.
| ||||||
12 | (c-6) The nature of the client's business, by | ||||||
13 | indicating all
of the following categories that apply: (1) | ||||||
14 | banking and financial services, (2)
manufacturing, (3) | ||||||
15 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
16 | (7) community interests, (8) labor, (9) public relations or
| ||||||
17 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
18 | (12) engineering,
(13) information or technology products | ||||||
19 | or services, (14) social services,
(15) public utilities, | ||||||
20 | (16) racing or wagering, (17) real estate or
construction, | ||||||
21 | (18) telecommunications, (19) trade or professional
| ||||||
22 | association, (20) travel or tourism, (21) transportation, | ||||||
23 | and (22) other
(setting forth the nature of that other | ||||||
24 | business).
| ||||||
25 | The registrant must file an amendment to the statement | ||||||
26 | within 14 calendar
days
to report any substantial change or |
| |||||||
| |||||||
1 | addition to the information previously
filed, except that a | ||||||
2 | registrant must file an amendment to the statement to
disclose | ||||||
3 | a new agreement to retain the registrant for lobbying services
| ||||||
4 | before any service is performed which requires the person to | ||||||
5 | register, but in
any event not later than 2 business days after | ||||||
6 | entering into the retainer
agreement.
| ||||||
7 | Not later than 12 months after the effective date of this | ||||||
8 | amendatory
Act of the 93rd General Assembly, or as soon | ||||||
9 | thereafter as the Secretary of
State has provided adequate | ||||||
10 | software to the persons required to file, all
statements and | ||||||
11 | amendments to statements required to be filed shall be filed
| ||||||
12 | electronically. The Secretary of State shall promptly make all | ||||||
13 | filed
statements and amendments to statements publicly | ||||||
14 | available by means of a
searchable database that is accessible | ||||||
15 | through the World Wide Web. The
Secretary of State shall | ||||||
16 | provide all software necessary to comply with this
provision to | ||||||
17 | all persons required to file. The Secretary of State shall
| ||||||
18 | implement a plan to provide computer access and assistance to | ||||||
19 | persons
required to file electronically.
| ||||||
20 | All Persons required to register under this Act prior to | ||||||
21 | July 1, 2003,
shall
remit a single, annual and nonrefundable | ||||||
22 | $50 registration fee.
All fees collected for registrations | ||||||
23 | prior to July 1, 2003, shall be deposited
into the Lobbyist | ||||||
24 | Registration Administration Fund for administration and
| ||||||
25 | enforcement of this Act. Beginning July 1, 2003, all persons | ||||||
26 | other than
entities qualified under Section 501(c)(3) of the |
| |||||||
| |||||||
1 | Internal Revenue Code
required to register under this Act shall | ||||||
2 | remit a single, annual, and
nonrefundable $1,000 $350 | ||||||
3 | registration fee. Entities required to register under this
Act
| ||||||
4 | which are qualified under Section 501(c)(3) of the Internal | ||||||
5 | Revenue Code shall
remit a single, annual,
and nonrefundable | ||||||
6 | $150 registration fee. Each individual required to register
| ||||||
7 | under this Act shall submit, on an annual basis, a picture of | ||||||
8 | the registrant. A registrant may, in lieu of submitting a
| ||||||
9 | picture on an annual basis, authorize the Secretary of State to | ||||||
10 | use any photo
identification available in any database | ||||||
11 | maintained by the Secretary of State
for other purposes. Of | ||||||
12 | each registration fee collected for registrations on
or after | ||||||
13 | July 1, 2003, $50 shall be deposited into the Lobbyist
| ||||||
14 | Registration Administration Fund for administration and | ||||||
15 | enforcement
of this
Act and is intended to be used to implement | ||||||
16 | and maintain
electronic
filing of
reports under this Act, the | ||||||
17 | next
$100 shall be deposited into the Lobbyist
Registration | ||||||
18 | Administration Fund for administration and enforcement of this
| ||||||
19 | Act, and any balance shall be deposited into the General | ||||||
20 | Revenue Fund , except that amounts resulting from the fee | ||||||
21 | increase of this amendatory Act of the 96th General Assembly | ||||||
22 | shall be deposited into the Lobbyist Registration | ||||||
23 | Administration Fund to be used for the costs of reviewing and | ||||||
24 | investigating violations of this Act .
| ||||||
25 | (Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; | ||||||
26 | 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (25 ILCS 170/6) (from Ch. 63, par. 176)
| ||||||
2 | Sec. 6. Reports.
| ||||||
3 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
4 | Section, every lobbyist registered under this Act who is solely | ||||||
5 | employed by a lobbying entity
person required to
register as | ||||||
6 | prescribed in Section 3 shall file an affirmation
report , | ||||||
7 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
8 | Civil Procedure, with
to the
Secretary of
State attesting to | ||||||
9 | the accuracy of any reports filed pursuant to subsection (b) as | ||||||
10 | those reports pertain to work performed by the lobbyist. Any | ||||||
11 | lobbyist registered under this Act who is not solely employed | ||||||
12 | by a lobbying entity shall personally file reports required of | ||||||
13 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
14 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
15 | employed or retained, file lobbying entity reports pursuant to | ||||||
16 | subsection (b) provided that the lobbying entity may delegate | ||||||
17 | the filing of the lobbying entity report to only one lobbyist | ||||||
18 | in any reporting period
all expenditures for lobbying made or | ||||||
19 | incurred by the lobbyist on his
behalf or the behalf of his | ||||||
20 | employer. In the case where an individual is
solely employed by | ||||||
21 | another person to perform job related functions any part of
| ||||||
22 | which includes lobbying, the employer shall be responsible for | ||||||
23 | reporting all
lobbying expenditures incurred on the employer's | ||||||
24 | behalf as shall be identified
by the lobbyist to the employer | ||||||
25 | preceding such report. Persons who contract
with another person |
| |||||||
| |||||||
1 | to perform lobbying activities shall be responsible for
| ||||||
2 | reporting all lobbying expenditures incurred on the employer's | ||||||
3 | behalf. Any
additional lobbying expenses incurred by the | ||||||
4 | employer which are separate and
apart from those incurred by | ||||||
5 | the contractual employee shall be reported by the
employer .
| ||||||
6 | (b) Lobbying entity reports. Except as otherwise provided | ||||||
7 | in this Section, every lobbying entity registered under this | ||||||
8 | Act shall report expenditures related to lobbying. The report | ||||||
9 | shall itemize each individual expenditure or transaction
over
| ||||||
10 | $100 and shall include the name of the official on whose behalf | ||||||
11 | the
expenditure
was made, the name of the client on whose | ||||||
12 | behalf the expenditure was made , if applicable , the
total | ||||||
13 | amount of the expenditure, a description of the expenditure, | ||||||
14 | the address and location of the expenditure if the expenditure | ||||||
15 | was for an intangible item such as lodging, the date on which | ||||||
16 | the expenditure occurred and
the subject matter of the lobbying | ||||||
17 | activity, if any.
| ||||||
18 | The report shall include the names and addresses of all | ||||||
19 | clients who retained the lobbying entity together with an | ||||||
20 | itemized description for each client of the following: (1) | ||||||
21 | lobbying regarding executive action, including the name of any | ||||||
22 | executive agency lobbied and the subject matter; (2) lobbying | ||||||
23 | regarding legislative action, including the General Assembly | ||||||
24 | and any other agencies lobbied and the subject matter; and (3) | ||||||
25 | lobbying regarding administrative action, including the agency | ||||||
26 | lobbied and the subject matter. Registrants who made no |
| |||||||
| |||||||
1 | reportable expenditures during a reporting period shall file a | ||||||
2 | report stating that no expenditures were incurred.
| ||||||
3 | Expenditures attributable to lobbying officials shall be | ||||||
4 | listed and reported
according to the following categories:
| ||||||
5 | (1) travel and lodging on behalf of others.
| ||||||
6 | (2) meals, beverages and other entertainment.
| ||||||
7 | (3) gifts (indicating which, if any, are on the basis | ||||||
8 | of personal friendship) .
| ||||||
9 | (4) honoraria.
| ||||||
10 | (5) any other thing or service of value not listed | ||||||
11 | under categories (1) through (4), setting forth a | ||||||
12 | description of the expenditure.
The category travel and | ||||||
13 | lodging includes, but is not limited to, all travel and | ||||||
14 | living accommodations made for or on behalf of State | ||||||
15 | officials in the State capital during sessions of the | ||||||
16 | General Assembly.
| ||||||
17 | Individual expenditures required to be reported as | ||||||
18 | described herein which
are
equal to or less than $100 in value | ||||||
19 | need not be itemized but are required to be
categorized and | ||||||
20 | reported by officials in an aggregate total in a manner
| ||||||
21 | prescribed by rule of the Secretary of State.
| ||||||
22 | (b-3) Expenditures incurred for hosting receptions, | ||||||
23 | benefits and other large
gatherings held for purposes of | ||||||
24 | goodwill or otherwise to influence executive,
legislative or | ||||||
25 | administrative action to which there are 25 or more State
| ||||||
26 | officials invited shall be reported listing only the total |
| |||||||
| |||||||
1 | amount of
the
expenditure, the date of the event, and the | ||||||
2 | estimated number of officials in
attendance.
| ||||||
3 | (b-5) Each individual expenditure required to be reported | ||||||
4 | shall include all
expenses made for or on behalf of State | ||||||
5 | officials and their immediate family members of the immediate
| ||||||
6 | family of those persons .
| ||||||
7 | The category travel and lodging includes, but is not | ||||||
8 | limited to, all travel
and living accommodations made for or on | ||||||
9 | behalf of State officials in the
capital during sessions of the | ||||||
10 | General Assembly.
| ||||||
11 | (b-7) Matters excluded from reports. Reasonable and bona | ||||||
12 | fide expenditures made by the registrant
who is a member of a | ||||||
13 | legislative or State study commission or committee while
| ||||||
14 | attending and participating in meetings and hearings of such | ||||||
15 | commission or
committee need not be reported.
| ||||||
16 | Reasonable and bona fide expenditures made by the | ||||||
17 | registrant for personal
sustenance, lodging, travel, office | ||||||
18 | expenses and clerical or support staff
need not be reported.
| ||||||
19 | Salaries, fees, and other compensation paid to
the | ||||||
20 | registrant
for the
purposes of lobbying
need not be
reported.
| ||||||
21 | Any contributions required to be reported under Article 9 | ||||||
22 | of the Election
Code need not be reported.
| ||||||
23 | The report shall include: (1) the name of each State | ||||||
24 | government
entity lobbied; (2) whether the lobbying involved | ||||||
25 | executive, legislative, or
administrative action, or a | ||||||
26 | combination; (3) the names of the persons who
performed the |
| |||||||
| |||||||
1 | lobbyist services; and (4) a brief description of the
| ||||||
2 | legislative, executive, or administrative action involved.
| ||||||
3 | Except as otherwise provided in this subsection, gifts and | ||||||
4 | honoraria
returned or reimbursed to the registrant within 30 | ||||||
5 | days of the date of
receipt shall not be reported.
| ||||||
6 | A gift or honorarium returned or reimbursed to the | ||||||
7 | registrant within 10
days after the official receives a copy of | ||||||
8 | a report pursuant to Section 6.5
shall not be included in the | ||||||
9 | final report unless the registrant informed the
official, | ||||||
10 | contemporaneously with the receipt of the gift or honorarium, | ||||||
11 | that
the gift or honorarium is a reportable expenditure | ||||||
12 | pursuant to this Act.
| ||||||
13 | (c) Reports under this Section shall be filed by July 31, | ||||||
14 | for expenditures
from the previous January 1 through the later | ||||||
15 | of June 30 or the final day of
the regular General Assembly | ||||||
16 | session, and by January 31, for expenditures from
the entire | ||||||
17 | previous calendar year.
| ||||||
18 | Registrants who made no reportable expenditures during a | ||||||
19 | reporting period
shall file a report stating that no | ||||||
20 | expenditures were incurred. Such reports
shall be filed in | ||||||
21 | accordance with the deadlines as prescribed in this
subsection.
| ||||||
22 | A registrant who terminates employment or duties which | ||||||
23 | required him to
register under this Act shall give the | ||||||
24 | Secretary of State, within 30 days after
the date of such | ||||||
25 | termination, written notice of such termination and shall
| ||||||
26 | include therewith a report of the expenditures described |
| |||||||
| |||||||
1 | herein, covering the
period of time since the filing of his | ||||||
2 | last report to the date of termination
of employment. Such | ||||||
3 | notice and report shall be final and relieve such
registrant of | ||||||
4 | further reporting under this Act, unless and until he later | ||||||
5 | takes
employment or assumes duties requiring him to again | ||||||
6 | register under this Act.
| ||||||
7 | (d) Failure to file any such report within the time | ||||||
8 | designated or the
reporting of incomplete information shall | ||||||
9 | constitute a violation of this Act.
| ||||||
10 | A registrant shall preserve for a period of 2 years all | ||||||
11 | receipts and records
used in preparing reports under this Act.
| ||||||
12 | (e) Within 30 days after a filing deadline or as provided | ||||||
13 | by rule , the lobbyist shall notify each
official on whose | ||||||
14 | behalf an expenditure has been reported. Notification shall
| ||||||
15 | include the name of the registrant, the total amount of the | ||||||
16 | expenditure, a description of the expenditure, the
date on | ||||||
17 | which the expenditure occurred, and the subject matter of the | ||||||
18 | lobbying
activity.
| ||||||
19 | (f) Lobbyist and lobbying entity reports shall be filed | ||||||
20 | weekly when the General Assembly is in session and monthly | ||||||
21 | otherwise, in accordance with rules the Secretary of State | ||||||
22 | shall adopt for the implementation of this subsection. A report | ||||||
23 | filed under this Act is due in the Office of the Secretary of | ||||||
24 | State no later than the close of business on the date on which | ||||||
25 | it is required to be filed. | ||||||
26 | (g) All reports filed under this Act shall be filed in a |
| |||||||
| |||||||
1 | format or on forms prescribed by the Secretary of State.
| ||||||
2 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
3 | (25 ILCS 170/7) (from Ch. 63, par. 177)
| ||||||
4 | Sec. 7. Duties of the Secretary of State.
| ||||||
5 | (a) It shall be the duty of the Secretary of State to | ||||||
6 | provide appropriate
forms for the registration and reporting of | ||||||
7 | information required by this
Act and to keep such registrations | ||||||
8 | and reports on file in his office for 3
years from the date of | ||||||
9 | filing. He shall also provide and maintain a
register with | ||||||
10 | appropriate blanks and indexes so that the information
required | ||||||
11 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
12 | Such
records shall be considered public information and open to | ||||||
13 | public
inspection.
| ||||||
14 | A report filed under this Act is due in the Office of the | ||||||
15 | Secretary of
State no later than the close of business on the | ||||||
16 | date on which it is required
to be filed.
| ||||||
17 | (b) Within 10 days after a filing deadline, the Secretary | ||||||
18 | of State shall notify
persons he determines are required to | ||||||
19 | file but have failed to do so.
| ||||||
20 | (c) The Secretary of State shall provide adequate software | ||||||
21 | to the persons required to file under this Act, and all | ||||||
22 | registrations, reports, statements, and amendments required to | ||||||
23 | be filed shall be filed electronically.
Not later than 12 | ||||||
24 | months after the effective date of this amendatory
Act of the | ||||||
25 | 93rd General Assembly, or as soon thereafter as the Secretary |
| |||||||
| |||||||
1 | of
State has provided adequate software to the persons required | ||||||
2 | to file, all
reports required under this Act shall be filed | ||||||
3 | electronically. The Secretary of
State shall promptly make all | ||||||
4 | filed reports publicly available by means of a
searchable | ||||||
5 | database that is accessible through the World Wide Web. The
| ||||||
6 | Secretary of State shall provide all software necessary to | ||||||
7 | comply with this
provision to all persons required to file. The | ||||||
8 | Secretary of State shall
implement a plan to provide computer | ||||||
9 | access and assistance to persons
required to file | ||||||
10 | electronically.
| ||||||
11 | (d) Not later than 12 months after the effective date of | ||||||
12 | this amendatory Act of
the 93rd General Assembly, the Secretary | ||||||
13 | of State shall include registrants'
pictures when publishing
or | ||||||
14 | posting on his or her website the information required in | ||||||
15 | Section 5.
| ||||||
16 | (e) The Secretary of State shall receive and investigate | ||||||
17 | allegations of violations of this Act. Any employee of the | ||||||
18 | Secretary of State who receives an allegation shall immediately | ||||||
19 | transmit it to the Secretary of State Inspector General.
| ||||||
20 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
21 | (25 ILCS 170/10) (from Ch. 63, par. 180)
| ||||||
22 | Sec. 10. Penalties.
| ||||||
23 | (a) Any person who violates any of the provisions of this | ||||||
24 | Act shall be
guilty of a business offense and shall be fined | ||||||
25 | not more than $10,000 for each violation. Every day that a |
| |||||||
| |||||||
1 | report or registration is late shall constitute a separate | ||||||
2 | violation. In determining the appropriate fine for each | ||||||
3 | violation, the trier of fact shall consider the scope of the | ||||||
4 | entire lobbying project, the nature of activities conducted | ||||||
5 | during the time the person was in violation of this Act, and | ||||||
6 | whether or not the violation was intentional or unreasonable .
| ||||||
7 | (b) In addition to the penalties provided for in subsection | ||||||
8 | (a)
of this Section, any person convicted of any violation of | ||||||
9 | any provision of
this Act is prohibited for a period of three | ||||||
10 | years from the date of such
conviction from lobbying.
| ||||||
11 | (c) There is created in the State treasury a special fund | ||||||
12 | to be known as
the Lobbyist Registration Administration Fund. | ||||||
13 | All fines collected in the
enforcement of this Section shall be | ||||||
14 | deposited into the Fund. These funds
shall, subject to | ||||||
15 | appropriation, be used by the Office of the Secretary of
State | ||||||
16 | for implementation and administration of this Act.
| ||||||
17 | (Source: P.A. 88-187 .)
| ||||||
18 | (25 ILCS 170/11) (from Ch. 63, par. 181)
| ||||||
19 | Sec. 11. Enforcement
Venue .
| ||||||
20 | (a) The Secretary of State Inspector General appointed | ||||||
21 | under Section 14 of the Secretary of State Act shall initiate | ||||||
22 | investigations of violations of this Act upon receipt of an | ||||||
23 | allegation. If the Inspector General finds credible evidence of | ||||||
24 | a violation, he or she shall make the information available to | ||||||
25 | the public and transmit copies of the evidence to the alleged |
| |||||||
| |||||||
1 | violator. If the violator does not correct the violation within | ||||||
2 | 30 days, the Inspector General shall transmit the full record | ||||||
3 | of the investigation to any appropriate State's Attorney or to | ||||||
4 | the Attorney General.
| ||||||
5 | (b) Any violation of this Act may be prosecuted in the | ||||||
6 | county where the
offense is committed or in Sangamon County. In | ||||||
7 | addition to the State's
Attorney of the appropriate county, the | ||||||
8 | Attorney General of Illinois also
is authorized to prosecute | ||||||
9 | any violation of this Act.
| ||||||
10 | (Source: P.A. 76-1848.)
| ||||||
11 | (25 ILCS 170/11.3 new) | ||||||
12 | Sec. 11.3. Compensation from a State agency. It is a | ||||||
13 | violation of this Act for a person registered or required to be | ||||||
14 | registered under this Act to accept or agree to accept | ||||||
15 | compensation from a State agency for the purpose of lobbying | ||||||
16 | legislative action. | ||||||
17 | This Section does not apply to compensation (i) that is a | ||||||
18 | portion of the salary of a full-time employee of a State agency | ||||||
19 | whose responsibility or authority includes, but is not limited | ||||||
20 | to, lobbying executive, legislative, or administrative action | ||||||
21 | or (ii) to an individual who is contractually retained by a | ||||||
22 | State agency that is not listed in Section 5-15 of the Civil | ||||||
23 | Administrative Code of Illinois. | ||||||
24 | For the purpose of this Section, "State agency" is defined | ||||||
25 | as in the Illinois State Auditing Act.
|
| |||||||
| |||||||
1 | (25 ILCS 170/4 rep.)
| ||||||
2 | Section 70. The Lobbyist Registration Act is amended by | ||||||
3 | repealing Section 4.
| ||||||
4 | Section 75. The State Prompt Payment Act is amended by | ||||||
5 | changing Section 3-2 as follows:
| ||||||
6 | (30 ILCS 540/3-2) (from Ch. 127, par. 132.403-2)
| ||||||
7 | Sec. 3-2. Beginning July 1, 1993, in any instance where a | ||||||
8 | State official or
agency is late in payment of a vendor's bill | ||||||
9 | or invoice for goods or services
furnished to the State, as | ||||||
10 | defined in Section 1, properly approved in
accordance with | ||||||
11 | rules promulgated under Section 3-3, the State official or
| ||||||
12 | agency shall pay interest to the vendor in accordance with the | ||||||
13 | following:
| ||||||
14 | (1) Any bill approved for payment under this Section | ||||||
15 | must be paid
or the payment issued to the payee within 60 | ||||||
16 | days of receipt
of a proper bill or invoice.
If payment is | ||||||
17 | not issued to the payee within this 60 day
period, an
| ||||||
18 | interest penalty of 1.0% of any amount approved and unpaid | ||||||
19 | shall be added
for each month or fraction thereof after the | ||||||
20 | end of this 60 day period,
until final payment is made.
| ||||||
21 | (1.1) A State agency shall review in a timely manner | ||||||
22 | each bill or
invoice after its receipt. If the
State agency | ||||||
23 | determines that the bill or invoice contains a defect |
| |||||||
| |||||||
1 | making it
unable to process the payment request, the agency
| ||||||
2 | shall notify the vendor requesting payment as soon as | ||||||
3 | possible after
discovering the
defect pursuant to rules | ||||||
4 | promulgated under Section 3-3; provided, however, that the | ||||||
5 | notice for construction related bills or invoices must be | ||||||
6 | given not later than 30 days after the bill or invoice was | ||||||
7 | first submitted. The notice shall
identify the defect and | ||||||
8 | any additional information
necessary to correct the | ||||||
9 | defect. If one or more items on a construction related bill | ||||||
10 | or invoice are disapproved, but not the entire bill or | ||||||
11 | invoice, then the portion that is not disapproved shall be | ||||||
12 | paid.
| ||||||
13 | (2) Where a State official or agency is late in payment | ||||||
14 | of a
vendor's bill or invoice properly approved in | ||||||
15 | accordance with this Act, and
different late payment terms | ||||||
16 | are not reduced to writing as a contractual
agreement, the | ||||||
17 | State official or agency shall automatically pay interest
| ||||||
18 | penalties required by this Section amounting to $50 or more | ||||||
19 | to the appropriate
vendor. Each agency shall be responsible | ||||||
20 | for determining whether an interest
penalty
is
owed and
for | ||||||
21 | paying the interest to the vendor.
For interest of at least | ||||||
22 | $5 but less than $50, the vendor must
initiate a written | ||||||
23 | request for the interest penalty when such interest is due
| ||||||
24 | and payable. The Department of Central Management Services | ||||||
25 | and the State
Comptroller shall jointly promulgate rules | ||||||
26 | establishing the conditions under
which interest of less |
| |||||||
| |||||||
1 | than $5 may be claimed and paid. In the event an
individual | ||||||
2 | has paid a vendor for services in advance, the provisions | ||||||
3 | of this
Section shall apply until payment is made to that | ||||||
4 | individual.
| ||||||
5 | (Source: P.A. 94-972, eff. 7-1-07 .)
| ||||||
6 | Section 80. The Illinois Public Aid Code is amended by | ||||||
7 | changing Section 12-13.1 as follows:
| ||||||
8 | (305 ILCS 5/12-13.1)
| ||||||
9 | Sec. 12-13.1. Inspector General.
| ||||||
10 | (a) The Governor shall appoint, and the Senate shall | ||||||
11 | confirm, an Inspector
General who shall function within the | ||||||
12 | Illinois Department of Public Aid (now Healthcare and Family | ||||||
13 | Services) and
report to the Governor. The term of the Inspector | ||||||
14 | General shall expire on the
third Monday of January, 1997 and | ||||||
15 | every 4 years thereafter.
| ||||||
16 | (b) In order to prevent, detect, and eliminate fraud, | ||||||
17 | waste, abuse,
mismanagement, and misconduct, the Inspector | ||||||
18 | General shall oversee the
Department of Healthcare and Family | ||||||
19 | Services' integrity
functions, which include, but are not | ||||||
20 | limited to, the following:
| ||||||
21 | (1) Investigation of misconduct by employees, vendors, | ||||||
22 | contractors and
medical providers , except for allegations | ||||||
23 | of violations of the State Officials and Employees Ethics | ||||||
24 | Act which shall be referred to the Office of the Governor's |
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1 | Executive Inspector General for investigation .
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2 | (2) Audits of medical providers related to ensuring | ||||||
3 | that appropriate
payments are made for services rendered | ||||||
4 | and to the recovery of overpayments.
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5 | (3) Monitoring of quality assurance programs generally | ||||||
6 | related to the
medical assistance program and specifically | ||||||
7 | related to any managed care
program.
| ||||||
8 | (4) Quality control measurements of the programs | ||||||
9 | administered by the
Department of Healthcare and Family | ||||||
10 | Services.
| ||||||
11 | (5) Investigations of fraud or intentional program | ||||||
12 | violations committed by
clients of the Department of | ||||||
13 | Healthcare and Family Services.
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14 | (6) Actions initiated against contractors or medical | ||||||
15 | providers for any of
the following reasons:
| ||||||
16 | (A) Violations of the medical assistance program.
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17 | (B) Sanctions against providers brought in | ||||||
18 | conjunction with the
Department of Public Health or the | ||||||
19 | Department of Human Services (as successor
to the | ||||||
20 | Department of Mental Health and Developmental | ||||||
21 | Disabilities).
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22 | (C) Recoveries of assessments against hospitals | ||||||
23 | and long-term care
facilities.
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24 | (D) Sanctions mandated by the United States | ||||||
25 | Department of Health and
Human Services against | ||||||
26 | medical providers.
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1 | (E) Violations of contracts related to any managed | ||||||
2 | care programs.
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3 | (7) Representation of the Department of Healthcare and | ||||||
4 | Family Services at
hearings with the Illinois Department of | ||||||
5 | Professional Regulation in actions
taken against | ||||||
6 | professional licenses held by persons who are in violation | ||||||
7 | of
orders for child support payments.
| ||||||
8 | (b-5) At the request of the Secretary of Human Services, | ||||||
9 | the Inspector
General shall, in relation to any function | ||||||
10 | performed by the Department of Human
Services as successor to | ||||||
11 | the Department of Public Aid, exercise one or more
of the | ||||||
12 | powers provided under this Section as if those powers related | ||||||
13 | to the
Department of Human Services; in such matters, the | ||||||
14 | Inspector General shall
report his or her findings to the | ||||||
15 | Secretary of Human Services.
| ||||||
16 | (c) The Inspector General shall have access to all | ||||||
17 | information, personnel
and facilities of the
Department of | ||||||
18 | Healthcare and Family Services and the Department of
Human | ||||||
19 | Services (as successor to the Department of Public Aid), their | ||||||
20 | employees, vendors, contractors and medical providers and any | ||||||
21 | federal,
State or local governmental agency that are necessary | ||||||
22 | to perform the duties of
the Office as directly related to | ||||||
23 | public assistance programs administered by
those departments. | ||||||
24 | No medical provider shall
be compelled, however, to provide | ||||||
25 | individual medical records of patients who
are not clients of | ||||||
26 | the Medical Assistance Program. State and local
governmental |
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1 | agencies are authorized and directed to provide the requested
| ||||||
2 | information, assistance or cooperation.
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3 | (d) The Inspector General shall serve as the
Department of | ||||||
4 | Healthcare and Family Services'
primary liaison with law | ||||||
5 | enforcement,
investigatory and prosecutorial agencies, | ||||||
6 | including but not limited to the
following:
| ||||||
7 | (1) The Department of State Police.
| ||||||
8 | (2) The Federal Bureau of Investigation and other | ||||||
9 | federal law enforcement
agencies.
| ||||||
10 | (3) The various Inspectors General of federal agencies | ||||||
11 | overseeing the
programs administered by the
Department of | ||||||
12 | Healthcare and Family Services.
| ||||||
13 | (4) The various Inspectors General of any other State | ||||||
14 | agencies with
responsibilities for portions of programs | ||||||
15 | primarily administered by the
Department of Healthcare and | ||||||
16 | Family Services.
| ||||||
17 | (5) The Offices of the several United States Attorneys | ||||||
18 | in Illinois.
| ||||||
19 | (6) The several State's Attorneys.
| ||||||
20 | The Inspector General shall meet on a regular basis with | ||||||
21 | these entities to
share information regarding possible | ||||||
22 | misconduct by any persons or entities
involved with the public | ||||||
23 | aid programs administered by the Department
of Healthcare and | ||||||
24 | Family Services.
| ||||||
25 | (e) All investigations conducted by the Inspector General | ||||||
26 | shall be conducted
in a manner that ensures the preservation of |
| |||||||
| |||||||
1 | evidence for use in criminal
prosecutions. If the Inspector | ||||||
2 | General determines that a possible criminal act
relating to | ||||||
3 | fraud in the provision or administration of the medical | ||||||
4 | assistance
program has been committed, the Inspector General | ||||||
5 | shall immediately notify the
Medicaid Fraud Control Unit. If | ||||||
6 | the Inspector General determines that a
possible criminal act | ||||||
7 | has been committed within the jurisdiction of the Office,
the | ||||||
8 | Inspector General may request the special expertise of the | ||||||
9 | Department of
State Police. The Inspector General may present | ||||||
10 | for prosecution the findings
of any criminal investigation to | ||||||
11 | the Office of the Attorney General, the
Offices of the several | ||||||
12 | United States Attorneys in Illinois or the several
State's | ||||||
13 | Attorneys.
| ||||||
14 | (f) To carry out his or her duties as described in this | ||||||
15 | Section, the
Inspector General and his or her designees shall | ||||||
16 | have the power to compel
by subpoena the attendance and | ||||||
17 | testimony of witnesses and the production
of books, electronic | ||||||
18 | records and papers as directly related to public
assistance | ||||||
19 | programs administered by the Department of Healthcare and | ||||||
20 | Family Services or
the Department of Human Services (as | ||||||
21 | successor to the Department of Public
Aid). No medical provider | ||||||
22 | shall be compelled, however, to provide individual
medical | ||||||
23 | records of patients who are not clients of the Medical | ||||||
24 | Assistance
Program.
| ||||||
25 | (g) The Inspector General shall report all convictions, | ||||||
26 | terminations, and
suspensions taken against vendors, |
| |||||||
| |||||||
1 | contractors and medical providers to the
Department of | ||||||
2 | Healthcare and Family Services and to any agency responsible | ||||||
3 | for
licensing or regulating those persons or entities.
| ||||||
4 | (h) The Inspector General shall make annual
reports, | ||||||
5 | findings, and recommendations regarding the Office's | ||||||
6 | investigations
into reports of fraud, waste, abuse, | ||||||
7 | mismanagement, or misconduct relating to
any public aid | ||||||
8 | programs administered by the Department
of Healthcare and | ||||||
9 | Family Services or the Department of Human Services (as | ||||||
10 | successor to the
Department of Public Aid) to the General | ||||||
11 | Assembly and the Governor. These
reports shall include, but not | ||||||
12 | be limited to, the following information:
| ||||||
13 | (1) Aggregate provider billing and payment | ||||||
14 | information, including the
number of providers at various | ||||||
15 | Medicaid earning levels.
| ||||||
16 | (2) The number of audits of the medical assistance
| ||||||
17 | program and the dollar savings resulting from those audits.
| ||||||
18 | (3) The number of prescriptions rejected annually | ||||||
19 | under the
Department of Healthcare and Family Services' | ||||||
20 | Refill Too Soon program and the
dollar savings resulting | ||||||
21 | from that program.
| ||||||
22 | (4) Provider sanctions, in the aggregate, including | ||||||
23 | terminations and
suspensions.
| ||||||
24 | (5) A detailed summary of the investigations | ||||||
25 | undertaken in the previous
fiscal year. These summaries | ||||||
26 | shall comply with all laws and rules regarding
maintaining |
| |||||||
| |||||||
1 | confidentiality in the public aid programs.
| ||||||
2 | (i) Nothing in this Section shall limit investigations by | ||||||
3 | the
Department of Healthcare and Family Services or the | ||||||
4 | Department of Human Services that may
otherwise be required by | ||||||
5 | law or that may be necessary in their capacity as the
central | ||||||
6 | administrative authorities responsible for administration of | ||||||
7 | public aid
programs in this
State.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
9 | Section 85. The Whistleblower Act is amended by changing | ||||||
10 | Section 20 and by adding Sections 20.1 and 20.2 as follows:
| ||||||
11 | (740 ILCS 174/20)
| ||||||
12 | Sec. 20. Retaliation for certain refusals prohibited. An | ||||||
13 | employer
may not retaliate against an employee for refusing to | ||||||
14 | participate in an
activity that would result in a violation of | ||||||
15 | a State or federal law,
rule, or
regulation , including, but not | ||||||
16 | limited to, violations of the Freedom of Information Act .
| ||||||
17 | (Source: P.A. 93-544, eff. 1-1-04.)
| ||||||
18 | (740 ILCS 174/20.1 new) | ||||||
19 | Sec. 20.1. Other retaliation. Any other act or omission not | ||||||
20 | otherwise specifically set forth in this Act, whether within or | ||||||
21 | without the workplace, also constitutes retaliation by an | ||||||
22 | employer under this Act if the act or omission would be | ||||||
23 | materially adverse to a reasonable employee and is because of |
| |||||||
| |||||||
1 | the employee disclosing or attempting to disclose public | ||||||
2 | corruption or wrongdoing.
| ||||||
3 | (740 ILCS 174/20.2 new) | ||||||
4 | Sec. 20.2. Threatening retaliation. An employer may not | ||||||
5 | threaten any employee with any act or omission if that act or | ||||||
6 | omission would constitute retaliation against the employee | ||||||
7 | under this Act.
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law, except that Section 20 and Section 65 take effect | ||||||
10 | January 1, 2010.
|