Bill Text: IL SB0131 | 2011-2012 | 97th General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Authorizes the Governor to appoint an Executive Inspector General for Higher Education to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of the Act by public institutions of higher education, their officers, and their employees. Provides that the term of the initial Executive Inspector General for Higher Education shall commence upon qualification and shall run through June 30, 2013. Requires the initial appointment of the Executive Inspector General for Higher Education to be made within 60 days after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0131 Detail]

Download: Illinois-2011-SB0131-Introduced.html


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0131

Introduced 1/27/2011, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-10

Amends the State Officials and Employees Ethics Act. Authorizes the Governor to appoint an Executive Inspector General for Higher Education to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of the Act by public institutions of higher education, their officers, and their employees. Provides that the term of the initial Executive Inspector General for Higher Education shall commence upon qualification and shall run through June 30, 2013. Requires the initial appointment of the Executive Inspector General for Higher Education to be made within 60 days after the effective date of the amendatory Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 20-10 as follows:
6 (5 ILCS 430/20-10)
7 Sec. 20-10. Offices of Executive Inspectors General.
8 (a) Six Five independent Offices of the Executive Inspector
9General are created, one each for the Governor, the Attorney
10General, the Secretary of State, the Comptroller, and the
11Treasurer and one for higher education. Each Office shall be
12under the direction and supervision of an Executive Inspector
13General and shall be a fully independent office with separate
14appropriations.
15 (b) The Governor, Attorney General, Secretary of State,
16Comptroller, and Treasurer shall each appoint an Executive
17Inspector General, and the Governor shall appoint an Executive
18Inspector General for Higher Education. Each appointment must
19be made without regard to political affiliation and solely on
20the basis of integrity and demonstrated ability. Appointments
21shall be made by and with the advice and consent of the Senate
22by three-fifths of the elected members concurring by record
23vote. Any nomination not acted upon by the Senate within 60

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1session days of the receipt thereof shall be deemed to have
2received the advice and consent of the Senate. If, during a
3recess of the Senate, there is a vacancy in an office of
4Executive Inspector General, the appointing authority shall
5make a temporary appointment until the next meeting of the
6Senate when the appointing authority shall make a nomination to
7fill that office. No person rejected for an office of Executive
8Inspector General shall, except by the Senate's request, be
9nominated again for that office at the same session of the
10Senate or be appointed to that office during a recess of that
11Senate.
12 Nothing in this Article precludes the appointment by the
13Governor, Attorney General, Secretary of State, Comptroller,
14or Treasurer of any other inspector general required or
15permitted by law. The Governor, Attorney General, Secretary of
16State, Comptroller, and Treasurer each may appoint an existing
17inspector general as the Executive Inspector General required
18by this Article, provided that such an inspector general is not
19prohibited by law, rule, jurisdiction, qualification, or
20interest from serving as the Executive Inspector General
21required by this Article. An appointing authority may not
22appoint a relative as an Executive Inspector General.
23 Each Executive Inspector General shall have the following
24qualifications:
25 (1) has not been convicted of any felony under the laws
26 of this State, another State, or the United States;

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1 (2) has earned a baccalaureate degree from an
2 institution of higher education; and
3 (3) has 5 or more years of cumulative service (A) with
4 a federal, State, or local law enforcement agency, at least
5 2 years of which have been in a progressive investigatory
6 capacity; (B) as a federal, State, or local prosecutor; (C)
7 as a senior manager or executive of a federal, State, or
8 local agency; (D) as a member, an officer, or a State or
9 federal judge; or (E) representing any combination of (A)
10 through (D).
11 The term of each initial Executive Inspector General other
12than the Executive Inspector General for Higher Education shall
13commence upon qualification and shall run through June 30,
142008. The initial appointments, other than the initial
15appointment of the Executive Inspector General for Higher
16Education, shall be made within 60 days after the effective
17date of this Act. The term of the initial Executive Inspector
18General for Higher Education shall commence upon qualification
19and shall run through June 30, 2013. The initial appointment of
20the Executive Inspector General for Higher Education shall be
21made within 60 days after the effective date of this amendatory
22Act of the 97th General Assembly.
23 After the initial term, each Executive Inspector General
24shall serve for 5-year terms commencing on July 1 of the year
25of appointment and running through June 30 of the fifth
26following year. An Executive Inspector General may be

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1reappointed to one or more subsequent terms.
2 A vacancy occurring other than at the end of a term shall
3be filled by the appointing authority only for the balance of
4the term of the Executive Inspector General whose office is
5vacant.
6 Terms shall run regardless of whether the position is
7filled.
8 (c) The Executive Inspector General appointed by the
9Attorney General shall have jurisdiction over the Attorney
10General and all officers and employees of, and vendors and
11others doing business with, State agencies within the
12jurisdiction of the Attorney General. The Executive Inspector
13General appointed by the Secretary of State shall have
14jurisdiction over the Secretary of State and all officers and
15employees of, and vendors and others doing business with, State
16agencies within the jurisdiction of the Secretary of State. The
17Executive Inspector General appointed by the Comptroller shall
18have jurisdiction over the Comptroller and all officers and
19employees of, and vendors and others doing business with, State
20agencies within the jurisdiction of the Comptroller. The
21Executive Inspector General appointed by the Treasurer shall
22have jurisdiction over the Treasurer and all officers and
23employees of, and vendors and others doing business with, State
24agencies within the jurisdiction of the Treasurer. The
25Executive Inspector General appointed by the Governor shall
26have jurisdiction over the Governor, the Lieutenant Governor,

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1and all officers and employees of, and vendors and others doing
2business with, executive branch State agencies under the
3jurisdiction of the Executive Ethics Commission and not within
4the jurisdiction of the Attorney General, the Secretary of
5State, the Comptroller, or the Treasurer, or the Executive
6Inspector General for Higher Education. The Executive
7Inspector General for Higher Education appointed by the
8Governor has jurisdiction over all public institutions of
9higher education, as that term is defined in Section 1 of the
10Board of Higher Education Act, and all officers and employees
11of those institutions.
12 The jurisdiction of each Executive Inspector General is to
13investigate allegations of fraud, waste, abuse, mismanagement,
14misconduct, nonfeasance, misfeasance, malfeasance, or
15violations of this Act or violations of other related laws and
16rules.
17 (d) The compensation for each Executive Inspector General
18shall be determined by the Executive Ethics Commission and
19shall be made from appropriations made to the Comptroller for
20this purpose. Subject to Section 20-45 of this Act, each
21Executive Inspector General has full authority to organize his
22or her Office of the Executive Inspector General, including the
23employment and determination of the compensation of staff, such
24as deputies, assistants, and other employees, as
25appropriations permit. A separate appropriation shall be made
26for each Office of Executive Inspector General.

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1 (e) No Executive Inspector General or employee of the
2Office of the Executive Inspector General may, during his or
3her term of appointment or employment:
4 (1) become a candidate for any elective office;
5 (2) hold any other elected or appointed public office
6 except for appointments on governmental advisory boards or
7 study commissions or as otherwise expressly authorized by
8 law;
9 (3) be actively involved in the affairs of any
10 political party or political organization; or
11 (4) advocate for the appointment of another person to
12 an appointed or elected office or position or actively
13 participate in any campaign for any elective office.
14 In this subsection an appointed public office means a
15position authorized by law that is filled by an appointing
16authority as provided by law and does not include employment by
17hiring in the ordinary course of business.
18 (e-1) No Executive Inspector General or employee of the
19Office of the Executive Inspector General may, for one year
20after the termination of his or her appointment or employment:
21 (1) become a candidate for any elective office;
22 (2) hold any elected public office; or
23 (3) hold any appointed State, county, or local judicial
24 office.
25 (e-2) The requirements of item (3) of subsection (e-1) may
26be waived by the Executive Ethics Commission.

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1 (f) An Executive Inspector General may be removed only for
2cause and may be removed only by the appointing constitutional
3officer. At the time of the removal, the appointing
4constitutional officer must report to the Executive Ethics
5Commission the justification for the removal.
6(Source: P.A. 96-555, eff. 8-18-09.)
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