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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3720 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
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| 5 ILCS 420/2-115 new | | 5 ILCS 420/3-202 | from Ch. 127, par. 603-202 | 5 ILCS 420/3-203 rep. | | 5 ILCS 420/4A-102 | from Ch. 127, par. 604A-102 | 5 ILCS 430/25-10 | | 5 ILCS 430/25-15 | | 5 ILCS 430/25-20 | |
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Amends the Illinois Governmental Ethics Act. Prohibits a legislator from participating, by voting or any other action, in the enactment or defeat of legislation in which he or she has a personal interest. Contains a penalty provision. Provides that a legislator should (currently, must) abstain from taking official action on a legislative matter as to which he has a conflict situation created by a personal, family, or client legislative interest. Repeals a provision concerning action despite the existence of a conflict situation. Provides that certain individuals who are required to list statements of economic interests must also list: (i) current economic interests of the person and members of the person's family; (ii) former economic interests; (iii) creditor information; and (iv) other offices and positions held by that person. Amends the State Officials and Employees Ethics Act to make conforming changes concerning the Legislative Inspector General and the Legislative Ethics Commission.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Illinois Governmental Ethics Act is amended |
5 | | by changing Section 3-202 and by adding Section 2-115 as |
6 | | follows:
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7 | | (5 ILCS 420/2-115 new) |
8 | | Sec. 2-115. Personal interests in legislation. |
9 | | (a) No legislator shall participate, by voting or any other |
10 | | action, on the floor of the House of Representatives or the |
11 | | Senate, or in committee or elsewhere, in the enactment or |
12 | | defeat of legislation in which he or she has a personal |
13 | | interest. |
14 | | (b) A legislator shall be deemed to have a personal |
15 | | interest in any legislation within the meaning of this Section |
16 | | if, by reason of his participation in the enactment or defeat |
17 | | of any legislation, he has reason to believe that he, or a |
18 | | member of his immediate family, will derive a direct monetary |
19 | | gain or suffer a direct monetary loss. |
20 | | No legislator shall be deemed to have a personal interest |
21 | | in any legislation within the meaning of this Section if, by |
22 | | reason of his participation in the enactment or defeat of any |
23 | | legislation, no benefit or detriment could reasonably be |
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1 | | expected to accrue to him, or a member of his immediate family, |
2 | | as a member of a business, profession, occupation, or group, to |
3 | | any greater extent than any such benefit or detriment could |
4 | | reasonably be expected to accrue to any other member of such |
5 | | business, profession, occupation, or group. |
6 | | (c) A violation of this Section is a Class A misdemeanor.
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7 | | (5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
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8 | | Sec. 3-202.
A When a legislator should abstain from taking |
9 | | must take official action on a legislative
matter as to which |
10 | | he has a conflict situation created by a personal,
family, or |
11 | | client legislative interest . , he should consider the |
12 | | possibility
of eliminating the interest creating the conflict |
13 | | situation. If that is not
feasible, he should consider the |
14 | | possibility of abstaining from such
official action. In making |
15 | | his decision as to abstention, the following
factors should be |
16 | | considered;
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17 | | a. whether a substantial threat to his independence of |
18 | | judgment has been
created by the conflict situation;
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19 | | b. the effect of his participation on public confidence in |
20 | | the integrity
of the legislature;
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21 | | c. whether his participation is likely to have any |
22 | | significant effect on
the disposition of the matter;
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23 | | d. the need for his particular contribution, such as |
24 | | special knowledge
of the subject matter, to the effective |
25 | | functioning of the legislature.
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1 | | He need not abstain if he decides to participate in a |
2 | | manner contrary to
the economic interest which creates the |
3 | | conflict situation.
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4 | | If he does abstain, he should disclose that fact to his |
5 | | respective
legislative body.
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6 | | (Source: Laws 1967, p. 3401.)
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7 | | (5 ILCS 420/3-203 rep.)
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8 | | Section 10. The Illinois Governmental Ethics Act is amended |
9 | | by repealing Section 3-203.
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10 | | Section 15. The Illinois Governmental Ethics Act is amended |
11 | | by changing Section 4A-102 as follows:
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12 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
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13 | | Sec. 4A-102. The statement of economic interests required |
14 | | by this Article
shall include the economic interests of the |
15 | | person making the statement as
provided in this Section. The |
16 | | interest (if constructively controlled by the
person making the |
17 | | statement) of a spouse or any other party, shall be
considered |
18 | | to be the same as the interest of the person making the
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19 | | statement. Campaign receipts shall not be included in this |
20 | | statement.
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21 | | (a) The following interests shall be listed by all |
22 | | persons required to
file:
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23 | | (1) The name, address and type of practice of any |
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1 | | professional
organization or individual professional |
2 | | practice in which the person making
the statement was |
3 | | an officer, director, associate, partner or |
4 | | proprietor,
or served in any advisory capacity, from |
5 | | which income in excess of $1200
was derived during the |
6 | | preceding calendar year;
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7 | | (2) The nature of professional services (other |
8 | | than services rendered to
the unit or units of |
9 | | government in relation to which the person is required
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10 | | to file)
and the nature of the entity to which they |
11 | | were rendered if fees exceeding
$5,000 were received |
12 | | during the preceding calendar year from the entity for
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13 | | professional services rendered by the person making |
14 | | the statement.
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15 | | (3) The identity (including the address or legal |
16 | | description of real
estate) of any capital asset from |
17 | | which a capital gain of $5,000 or more
was realized in |
18 | | the preceding calendar year.
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19 | | (4) The name of any unit of government which has |
20 | | employed the person
making the statement during the |
21 | | preceding calendar year other than the unit
or units of |
22 | | government in relation to which the person is required |
23 | | to file.
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24 | | (5) The name of any entity from which a gift or |
25 | | gifts, or honorarium or
honoraria, valued singly or in |
26 | | the aggregate in excess of $500, was
received during |
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1 | | the preceding calendar year.
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2 | | (b) The following interests shall also be listed by |
3 | | persons listed in
items (a) through (f), item (l), item |
4 | | (n), and item (p) of Section 4A-101:
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5 | | (1) Current economic interests of the person and |
6 | | members of the person's immediate family, whether in |
7 | | the form of stock, bond, dividend, interest, trust, |
8 | | realty, rent, certificate of deposit, deposit in any |
9 | | financial institution, pension plan, Keogh plan, |
10 | | Individual Retirement Account, equity or creditor |
11 | | interest in any corporation, proprietorship, |
12 | | partnership, instrument of indebtedness, or otherwise. |
13 | | Every source of non-investment income in the form of a |
14 | | fee, commission, compensation, compensation for |
15 | | personal service, royalty, pension, honorarium, or |
16 | | otherwise must also be listed. No reimbursement of |
17 | | expenses by any unit of government and no interest in |
18 | | deferred compensation under a plan administered by the |
19 | | State of Illinois need be listed. No amounts or account |
20 | | numbers need be listed in response to this paragraph |
21 | | (1). In listing his or her personal residence or |
22 | | residences in response to this paragraph (1), the |
23 | | person shall not state the address or addresses. |
24 | | Current economic interests shall be as of a date within |
25 | | 30 days preceding the date of filing the statement. The |
26 | | name and instrument of ownership in any entity doing |
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1 | | business in
the State of Illinois, in which an |
2 | | ownership interest held by the person at
the date of |
3 | | filing is in excess of $5,000 fair market value or from |
4 | | which
dividends of in excess of $1,200 were derived |
5 | | during the preceding calendar
year. (In the case of |
6 | | real estate, location thereof shall be listed by
street |
7 | | address, or if none, then by legal description). No |
8 | | time or demand
deposit in a financial institution, nor |
9 | | any debt instrument need be listed;
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10 | | (1.2) Former economic interests of the type |
11 | | required to be disclosed in response to paragraph (1) |
12 | | of this Section that were held by the person or any |
13 | | member of the person's immediate family during the year |
14 | | preceding the date of verification. Current economic |
15 | | interests listed in response to paragraph (1) of this |
16 | | Section need not be listed. No amounts or account |
17 | | numbers need be listed in response to this paragraph |
18 | | (2). In listing his or her personal residence or |
19 | | residences in response to this paragraph (2), the |
20 | | person shall not state the address or addresses. |
21 | | (1.5) The names of all creditors to whom amounts in |
22 | | excess of $500 are owed by the person or members of the |
23 | | person's immediate family, or were owed during the year |
24 | | preceding the date of verification. For each such |
25 | | obligation, there is to be listed the category for the |
26 | | amount owed as of the date of verification and the |
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1 | | maximum category for the amount of each such obligation |
2 | | during the year preceding the date of verification of |
3 | | the statement. The categories for reporting the amount |
4 | | of each such obligation are as follows: |
5 | | (A) not more than $5,000; |
6 | | (B) greater than $5,000 but not more than |
7 | | $15,000; |
8 | | (C) greater than $15,000 but not more than |
9 | | $50,000; |
10 | | (D) greater than $50,000 but not more than |
11 | | $100,000; |
12 | | (E) greater than $100,000 but not more than |
13 | | $250,000; and |
14 | | (F) greater than $250,000. |
15 | | Excluded from this requirement are obligations |
16 | | consisting of revolving charge accounts, with an |
17 | | outstanding liability equal to or less than $5,000. |
18 | | (2) Except for professional service entities, the |
19 | | name of any entity and
any position held therein from |
20 | | which income of in excess of $ 500 1,200 was
derived |
21 | | during the preceding calendar year, if the entity does |
22 | | business in
the State of Illinois. No time or demand |
23 | | deposit in a financial
institution, nor any debt |
24 | | instrument need be listed.
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25 | | (2.5) A list of every office, directorship, and |
26 | | salaried employment of the person and members of the |
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1 | | person's immediate family. Exclude unsalaried |
2 | | positions in religious, social, or fraternal |
3 | | organizations, and honorary positions. |
4 | | (2.7) Any fiduciary position, including |
5 | | executorships and trusteeships of the person or |
6 | | members of the person's immediate family. |
7 | | (3) The identity of any compensated lobbyist with |
8 | | whom the person making
the statement maintains a close |
9 | | economic association, including the name of
the |
10 | | lobbyist and specifying the legislative matter or |
11 | | matters which are the
object of the lobbying activity, |
12 | | and describing the general type of
economic activity of |
13 | | the client or principal on whose behalf that person is
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14 | | lobbying.
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15 | | (4) Any other economic interest or relationship of |
16 | | the person or of members of the person's immediate |
17 | | family that could create a conflict of interest for the |
18 | | person in his or her official capacity. |
19 | | (c) The following interests shall also be listed by |
20 | | persons listed in
items (g), (h), (i), and (o) of Section |
21 | | 4A-101:
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22 | | (1) The name and instrument of ownership in any |
23 | | entity doing business
with a unit of local government |
24 | | in relation to which the person is
required to file if |
25 | | the ownership interest of the person filing is greater
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26 | | than $5,000 fair market value as of the date of filing |
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1 | | or if dividends in
excess of $1,200 were received from |
2 | | the entity during the preceding
calendar year. (In the |
3 | | case of real estate, location thereof shall be
listed |
4 | | by street address, or if none, then by legal |
5 | | description). No time
or demand deposit in a financial |
6 | | institution, nor any debt instrument need
be listed.
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7 | | (2) Except for professional service entities, the |
8 | | name of any entity and
any position held therein from |
9 | | which income in excess of $1,200 was derived
during the |
10 | | preceding calendar year if the entity does business |
11 | | with a
unit of local government in relation to which |
12 | | the person is required to
file. No time or demand |
13 | | deposit in a financial institution, nor any debt
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14 | | instrument need be listed.
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15 | | (3) The name of any entity and the nature of the |
16 | | governmental action
requested by any entity which has |
17 | | applied to a unit of local
government
in relation to |
18 | | which the person must file for any license, franchise |
19 | | or
permit for annexation, zoning or rezoning of real |
20 | | estate during the
preceding calendar year if the |
21 | | ownership interest of the person filing is
in excess of |
22 | | $5,000 fair market value at the time of filing or if |
23 | | income or
dividends in excess of $1,200 were received |
24 | | by the person filing from the
entity during the |
25 | | preceding calendar year.
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26 | | For the purposes of this Section, the unit of local |
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1 | | government in relation to which a person required to file under |
2 | | item (o) of Section 4A-101 shall be the unit of local |
3 | | government that contributes to the pension fund of which such |
4 | | person is a member of the board. |
5 | | (d) As used in this Section, "immediate family" means a |
6 | | person's spouse and minor children residing with that |
7 | | person. |
8 | | (Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
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9 | | Section 20. The State Officials and Employees Ethics Act is |
10 | | amended by changing Sections 25-10, 25-15, and 25-20 as |
11 | | follows:
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12 | | (5 ILCS 430/25-10)
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13 | | Sec. 25-10. Office of Legislative Inspector General.
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14 | | (a) The independent Office of the Legislative Inspector |
15 | | General is created.
The Office shall be under the direction and |
16 | | supervision of the
Legislative Inspector General and shall be a |
17 | | fully independent office with its
own appropriation.
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18 | | (b) The Legislative Inspector General shall be appointed |
19 | | without regard to
political
affiliation and solely on the basis |
20 | | of integrity and
demonstrated ability.
The Legislative Ethics
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21 | | Commission shall diligently search out qualified candidates |
22 | | for Legislative
Inspector General
and shall make |
23 | | recommendations to the General Assembly.
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24 | | The Legislative Inspector General shall be appointed by a |
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1 | | joint resolution of
the
Senate and the House of |
2 | | Representatives, which may specify the date on
which the |
3 | | appointment takes effect.
A joint resolution, or other document |
4 | | as may be specified by the
Joint Rules of the General Assembly, |
5 | | appointing the Legislative Inspector
General must be certified |
6 | | by
the Speaker
of the House of Representatives and the |
7 | | President of the Senate as having been
adopted by the
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8 | | affirmative vote of three-fifths of the members elected to each |
9 | | house,
respectively,
and be filed with the Secretary of State.
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10 | | The appointment of the Legislative Inspector General takes |
11 | | effect on the day
the
appointment is completed by the General |
12 | | Assembly, unless the appointment
specifies a later date on |
13 | | which it is to become effective.
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14 | | The Legislative Inspector General shall have the following |
15 | | qualifications:
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16 | | (1) has not been convicted of any felony under the laws |
17 | | of this State,
another state, or the United States;
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18 | | (2) has earned a baccalaureate degree from an |
19 | | institution of higher
education; and
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20 | | (3) has 5 or more years of cumulative service (A) with |
21 | | a federal,
State, or
local law enforcement agency, at least |
22 | | 2 years of which have been in a
progressive investigatory |
23 | | capacity; (B)
as a
federal, State, or local prosecutor; (C)
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24 | | as a
senior manager or executive of a federal, State, or |
25 | | local
agency; (D) as a member, an officer,
or a State
or |
26 | | federal judge; or (E) representing any combination of (A) |
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1 | | through (D).
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2 | | The Legislative Inspector General may not be a relative of |
3 | | a commissioner.
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4 | | The term of the initial Legislative Inspector General shall
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5 | | commence upon qualification and shall run through June 30, |
6 | | 2008.
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7 | | After the initial term, the Legislative Inspector General |
8 | | shall serve
for 5-year terms commencing on July 1 of the year |
9 | | of appointment
and running through June 30 of the fifth |
10 | | following year. The
Legislative Inspector General may be |
11 | | reappointed to one or more
subsequent terms.
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12 | | A vacancy occurring other than at the end of a term shall |
13 | | be filled in the
same manner as an appointment only for the |
14 | | balance of the term of the
Legislative
Inspector General whose |
15 | | office is vacant. If the Office is vacant, or if a Legislative |
16 | | Inspector General resigns, the Commission shall designate an |
17 | | Acting Legislative Inspector General who shall serve until the |
18 | | vacancy is filled. The Commission shall file the designation in |
19 | | writing with the Secretary of State.
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20 | | Terms shall run regardless of whether the position is |
21 | | filled.
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22 | | (c) The Legislative Inspector General
shall have |
23 | | jurisdiction over the members of the General Assembly and
all |
24 | | State employees whose ultimate jurisdictional authority is
(i) |
25 | | a legislative leader, (ii) the Senate Operations Commission, or |
26 | | (iii) the
Joint Committee on Legislative Support Services.
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1 | | The jurisdiction of each Legislative Inspector General is |
2 | | to investigate
allegations of fraud, waste, abuse, |
3 | | mismanagement, misconduct, nonfeasance,
misfeasance,
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4 | | malfeasance, or violations of this Act , violations of Article 2 |
5 | | or Part 1 of Article 3 of the Illinois Governmental Ethics Act, |
6 | | or violations of other related
laws and rules.
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7 | | (d) The compensation of the Legislative Inspector General |
8 | | shall
be the greater of an amount (i) determined by the |
9 | | Commission or (ii) by joint
resolution of the General Assembly |
10 | | passed by a majority of members elected in
each chamber.
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11 | | Subject to Section 25-45 of this Act, the Legislative Inspector |
12 | | General has
full
authority to organize the Office of the |
13 | | Legislative Inspector General,
including the employment and |
14 | | determination of the compensation of
staff, such as deputies, |
15 | | assistants, and other employees, as
appropriations permit. |
16 | | Employment of staff is subject to the approval of at least 3 of |
17 | | the 4 legislative leaders.
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18 | | (e) No Legislative Inspector General or employee of the |
19 | | Office of
the Legislative Inspector General may, during his or |
20 | | her term of appointment or
employment:
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21 | | (1) become a candidate for any elective office;
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22 | | (2) hold any other elected or appointed public office
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23 | | except for appointments on governmental advisory boards
or |
24 | | study commissions or as otherwise expressly authorized by |
25 | | law;
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26 | | (3) be actively involved in the affairs of any |
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1 | | political party or
political organization; or
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2 | | (4) actively participate in any campaign for any
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3 | | elective office.
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4 | | In this subsection an appointed public office means a |
5 | | position authorized by
law that is filled by an appointing |
6 | | authority as provided by law and does not
include employment by |
7 | | hiring in the ordinary course of business.
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8 | | (e-1) No Legislative Inspector General or employee of the |
9 | | Office of the
Legislative Inspector General may, for one year |
10 | | after the termination of his or
her appointment or employment:
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11 | | (1) become a candidate for any elective office;
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12 | | (2) hold any elected public office; or
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13 | | (3) hold any appointed State, county, or local judicial |
14 | | office.
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15 | | (e-2) The requirements of item (3) of subsection (e-1) may |
16 | | be waived by the
Legislative Ethics Commission.
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17 | | (f) The Commission may remove the Legislative Inspector |
18 | | General only for
cause. At the time of the removal, the |
19 | | Commission must report to the General
Assembly the |
20 | | justification for the removal.
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21 | | (Source: P.A. 98-631, eff. 5-29-14.)
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22 | | (5 ILCS 430/25-15)
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23 | | Sec. 25-15. Duties of the Legislative Ethics Commission. In |
24 | | addition to
duties otherwise assigned by law, the Legislative |
25 | | Ethics Commission shall have
the following duties:
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1 | | (1) To promulgate rules governing the performance of |
2 | | its duties and the
exercise of its powers and governing the |
3 | | investigations of the Legislative
Inspector General.
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4 | | (2) To conduct administrative hearings and rule on |
5 | | matters
brought before the Commission only upon the receipt |
6 | | of pleadings
filed by the Legislative Inspector General and |
7 | | not upon its own
prerogative, but may appoint special |
8 | | Legislative Inspectors General as provided
in Section |
9 | | 25-21. Any other allegations of misconduct received by the
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10 | | Commission from a person other than the Legislative |
11 | | Inspector General
shall be referred to the Office of the |
12 | | Legislative Inspector General.
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13 | | (3) To prepare and publish manuals and guides and, |
14 | | working with
the Office of the Attorney General, oversee
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15 | | training of employees under its jurisdiction that explains |
16 | | their duties.
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17 | | (4) To prepare public information materials to |
18 | | facilitate
compliance, implementation, and enforcement of |
19 | | this Act.
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20 | | (5) To submit reports as required by this Act.
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21 | | (6) To the extent authorized by this Act, to make |
22 | | rulings, issue
recommendations, and impose administrative |
23 | | fines,
if appropriate,
in
connection with the |
24 | | implementation and interpretation of this Act , or of |
25 | | Article 2 or Part 1 of Article 3 of the Illinois |
26 | | Governmental Ethics Act .
The powers and duties of the
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1 | | Commission are limited to matters clearly within the |
2 | | purview of this
Act.
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3 | | (7) To issue subpoenas with respect to matters pending |
4 | | before the Commission,
subject to the provisions of this |
5 | | Article and in the
discretion of the Commission,
to compel |
6 | | the attendance of witnesses for purposes of testimony and
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7 | | the production of documents and other items for inspection |
8 | | and
copying.
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9 | | (8) To appoint special Legislative Inspectors General |
10 | | as provided in Section
25-21.
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11 | | (Source: P.A. 93-617, eff. 12-9-03.)
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12 | | (5 ILCS 430/25-20)
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13 | | Sec. 25-20. Duties of the Legislative Inspector
General. In |
14 | | addition to duties otherwise assigned by law,
the Legislative |
15 | | Inspector General shall have the following duties:
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16 | | (1) To receive and investigate allegations of |
17 | | violations of this
Act , or of Article 2 or Part 1 of |
18 | | Article 3 of the Illinois Governmental Ethics Act . An |
19 | | investigation may not be initiated
more than one year after |
20 | | the most recent act of the alleged violation or of a
series |
21 | | of alleged violations except where there is reasonable |
22 | | cause to believe
that fraudulent concealment has occurred. |
23 | | To constitute fraudulent concealment
sufficient to toll |
24 | | this limitations period, there must be an affirmative act |
25 | | or
representation calculated to prevent discovery of the |
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1 | | fact that a violation
has occurred. The
Legislative |
2 | | Inspector General shall have the discretion to determine |
3 | | the
appropriate means of investigation as permitted by law.
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4 | | (2) To request information relating to an |
5 | | investigation from any
person when the Legislative |
6 | | Inspector General deems that information necessary
in
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7 | | conducting an investigation.
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8 | | (3) To issue subpoenas, with the advance approval of |
9 | | the Commission,
to compel the attendance of witnesses for |
10 | | the
purposes of testimony and production of documents and |
11 | | other items for
inspection and copying and to make service |
12 | | of those subpoenas and subpoenas
issued under item (7) of |
13 | | Section 25-15.
|
14 | | (4) To submit reports as required by this Act.
|
15 | | (5) To file
pleadings in the name of
the Legislative |
16 | | Inspector General with the Legislative Ethics
Commission, |
17 | | through the Attorney General, as provided in this Article |
18 | | if the
Attorney General finds that reasonable cause exists |
19 | | to believe that a violation
has
occurred.
|
20 | | (6) To assist and coordinate the ethics officers
for |
21 | | State agencies under the jurisdiction of the
Legislative |
22 | | Inspector General and to work with those ethics officers.
|
23 | | (7) To participate in or conduct, when appropriate, |
24 | | multi-jurisdictional
investigations.
|
25 | | (8) To request, as the Legislative Inspector General |
26 | | deems appropriate,
from ethics officers
of State agencies |
|
| | HB3720 | - 18 - | LRB099 10086 JLK 31427 b |
|
|
1 | | under his or her jurisdiction, reports or information
on |
2 | | (i) the content of a State agency's ethics
training program |
3 | | and (ii) the percentage of new officers and
employees who |
4 | | have completed ethics training.
|
5 | | (9) To establish a policy that ensures the appropriate |
6 | | handling and correct recording of all investigations of |
7 | | allegations and to ensure that the policy is accessible via |
8 | | the Internet in order that those seeking to report those |
9 | | allegations are familiar with the process and that the |
10 | | subjects of those allegations are treated fairly. |
11 | | (Source: P.A. 96-555, eff. 8-18-09.)
|