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
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1 | AN ACT concerning government.
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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 State Officials and Employees Ethics Act is | ||||||||||||||||||||||||
5 | amended by changing Section 20-10 as follows:
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6 | (5 ILCS 430/20-10)
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7 | Sec. 20-10. Offices of Executive Inspectors General.
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8 | (a) Six Five independent Offices of the Executive Inspector | ||||||||||||||||||||||||
9 | General are
created,
one each for the Governor, the Attorney | ||||||||||||||||||||||||
10 | General, the Secretary of State, the
Comptroller, and the | ||||||||||||||||||||||||
11 | Treasurer and one for higher education . Each Office shall be | ||||||||||||||||||||||||
12 | under the direction and
supervision
of an Executive Inspector | ||||||||||||||||||||||||
13 | General and shall be a fully independent office with
separate
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14 | appropriations.
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15 | (b) The Governor, Attorney General, Secretary of State, | ||||||||||||||||||||||||
16 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||||||||||||||||||||
17 | Inspector General, and the Governor shall appoint an Executive | ||||||||||||||||||||||||
18 | Inspector General for Higher Education. Each appointment must | ||||||||||||||||||||||||
19 | be made without regard to
political affiliation and solely on | ||||||||||||||||||||||||
20 | the basis of integrity and
demonstrated ability.
Appointments | ||||||||||||||||||||||||
21 | shall be made by and with the advice and consent of the
Senate | ||||||||||||||||||||||||
22 | by three-fifths of the elected members concurring by record | ||||||||||||||||||||||||
23 | vote.
Any nomination not acted upon by the Senate within 60 |
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1 | session days of the
receipt thereof shall be deemed to have | ||||||
2 | received the advice and consent of
the Senate. If, during a | ||||||
3 | recess of the Senate, there is a vacancy in an office
of | ||||||
4 | Executive Inspector General, the appointing authority shall | ||||||
5 | make a
temporary appointment until the next meeting of the | ||||||
6 | Senate when the
appointing authority shall make a nomination to | ||||||
7 | fill that office. No person
rejected for an office of Executive | ||||||
8 | Inspector General shall, except by the
Senate's request, be | ||||||
9 | nominated again for that office at the same session of
the | ||||||
10 | Senate or be appointed to that office during a recess of that | ||||||
11 | Senate.
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12 | Nothing in this Article precludes the appointment by the | ||||||
13 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
14 | or Treasurer of any other inspector general
required or
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15 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
16 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
17 | inspector general as the Executive Inspector
General
required | ||||||
18 | by this
Article, provided that such an inspector general is not | ||||||
19 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
20 | interest from serving as the Executive
Inspector General
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21 | required by
this Article.
An appointing authority may not | ||||||
22 | appoint a relative as an Executive Inspector
General.
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23 | Each Executive Inspector General shall have the following | ||||||
24 | qualifications:
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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
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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)
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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).
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11 | The term of each initial Executive Inspector General other | ||||||
12 | than the Executive Inspector General for Higher Education shall
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13 | commence upon qualification and shall run through June 30, | ||||||
14 | 2008. The
initial appointments , other than the initial | ||||||
15 | appointment of the Executive Inspector General for Higher | ||||||
16 | Education, shall be made within 60 days after the effective
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17 | date of this Act. The term of the initial Executive Inspector | ||||||
18 | General for Higher Education shall
commence upon qualification | ||||||
19 | and shall run through June 30, 2013. The initial appointment of | ||||||
20 | the Executive Inspector General for Higher Education shall be | ||||||
21 | made within 60 days after the effective
date of this amendatory | ||||||
22 | Act of the 97th General Assembly.
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23 | After the initial term, each Executive Inspector General | ||||||
24 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
25 | of appointment
and running through June 30 of the fifth | ||||||
26 | following year. An
Executive Inspector General may be |
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1 | reappointed to one or more
subsequent terms.
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2 | A vacancy occurring other than at the end of a term shall | ||||||
3 | be filled
by the appointing authority only for the balance of | ||||||
4 | the term of the Executive
Inspector General whose office is | ||||||
5 | vacant.
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6 | Terms shall run regardless of whether the position is | ||||||
7 | filled.
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8 | (c) The Executive Inspector General appointed by the | ||||||
9 | Attorney General shall
have jurisdiction over the Attorney | ||||||
10 | General and all officers and employees of,
and vendors and | ||||||
11 | others doing business with,
State agencies within the | ||||||
12 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
13 | General appointed by the Secretary of State shall have | ||||||
14 | jurisdiction
over the Secretary of State and all officers and | ||||||
15 | employees of, and vendors and
others doing business with, State | ||||||
16 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
17 | Executive Inspector General
appointed by the Comptroller shall | ||||||
18 | have jurisdiction over the Comptroller and
all officers and | ||||||
19 | employees of, and vendors and others doing business with,
State | ||||||
20 | agencies within the jurisdiction of the Comptroller. The
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21 | Executive Inspector General appointed by the Treasurer shall | ||||||
22 | have jurisdiction
over the Treasurer and all officers and | ||||||
23 | employees of, and vendors and others
doing business with, State | ||||||
24 | agencies within the jurisdiction
of the Treasurer. The | ||||||
25 | Executive Inspector General appointed by the Governor
shall | ||||||
26 | have jurisdiction over the Governor, the Lieutenant Governor, |
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1 | and all
officers and employees of, and vendors and others doing | ||||||
2 | business with,
executive branch State agencies under the | ||||||
3 | jurisdiction of the
Executive Ethics Commission and not within | ||||||
4 | the jurisdiction of the
Attorney
General, the Secretary of | ||||||
5 | State, the Comptroller, or the Treasurer , or the Executive | ||||||
6 | Inspector General for Higher Education .
The Executive | ||||||
7 | Inspector General for Higher Education appointed by the | ||||||
8 | Governor has jurisdiction over all public institutions of | ||||||
9 | higher education, as that term is defined in Section 1 of the | ||||||
10 | Board of Higher Education Act, and all officers and employees | ||||||
11 | of those institutions.
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12 | The jurisdiction of each Executive Inspector General is to | ||||||
13 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
14 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
15 | violations of this Act or violations of other related
laws and | ||||||
16 | rules.
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17 | (d) The compensation for each Executive Inspector General | ||||||
18 | shall be
determined by the Executive Ethics Commission and | ||||||
19 | shall be made from appropriations made to the Comptroller for | ||||||
20 | this purpose. Subject to Section 20-45 of this Act, each
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21 | Executive Inspector General has full
authority
to organize his | ||||||
22 | or her Office of the Executive Inspector General, including the
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23 | employment and determination of the compensation of staff, such | ||||||
24 | as deputies,
assistants, and other employees, as | ||||||
25 | appropriations permit. A separate
appropriation
shall be made | ||||||
26 | for each Office of Executive Inspector General.
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1 | (e) No Executive Inspector General or employee of the | ||||||
2 | Office of
the Executive Inspector General may, during his or | ||||||
3 | her term of appointment or
employment:
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4 | (1) become a candidate for any elective office;
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5 | (2) hold any other elected or appointed public office
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6 | except for appointments on governmental advisory boards
or | ||||||
7 | study commissions or as otherwise expressly authorized by | ||||||
8 | law;
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9 | (3) be actively involved in the affairs of any | ||||||
10 | political party or
political organization; or
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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.
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14 | In this subsection an appointed public office means a | ||||||
15 | position authorized by
law that is filled by an appointing | ||||||
16 | authority as provided by law and does not
include employment by | ||||||
17 | hiring in the ordinary course of business.
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18 | (e-1) No Executive Inspector General or employee of the | ||||||
19 | Office of the
Executive Inspector General may, for one year | ||||||
20 | after the termination of his or
her appointment or employment:
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21 | (1) become a candidate for any elective office;
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22 | (2) hold any elected public office; or
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23 | (3) hold any appointed State, county, or local judicial | ||||||
24 | office.
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25 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
26 | be waived by the
Executive Ethics Commission.
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1 | (f) An Executive Inspector General may be removed only for | ||||||
2 | cause and may
be removed only by the appointing constitutional | ||||||
3 | officer. At the time of the
removal,
the appointing | ||||||
4 | constitutional officer must report to the Executive Ethics
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5 | Commission the
justification for the
removal.
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6 | (Source: P.A. 96-555, eff. 8-18-09.)
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