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

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

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

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(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (B) as a federal, State, or local prosecutor; (C)
as a senior manager or executive of a federal, State, or
local agency; (D) as a member, an officer, or a State or
federal judge; or (E) representing any combination of (A)
through (D).
The term of each initial Executive Inspector General other
than the Executive Inspector General for Higher Education shall
commence upon qualification and shall run through June 30,
2008. The initial appointments, other than the initial
appointment of the Executive Inspector General for Higher
Education, shall be made within 60 days after the effective
date of this Act. The term of the initial Executive Inspector
General for Higher Education shall commence upon qualification
and shall run through June 30, 2013. The initial appointment of
the Executive Inspector General for Higher Education shall be
made within 60 days after the effective date of this amendatory
Act of the 97th General Assembly.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be

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reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Secretary of State. The
Executive Inspector General appointed by the Comptroller shall
have jurisdiction over the Comptroller and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Comptroller. The
Executive Inspector General appointed by the Treasurer shall
have jurisdiction over the Treasurer and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Treasurer. The
Executive Inspector General appointed by the Governor shall
have jurisdiction over the Governor, the Lieutenant Governor,

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

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

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