96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4573


 
Introduced , by Rep. Elizabeth Coulson
 
SYNOPSIS AS INTRODUCED:









           




5 ILCS 430/20-10





5 ILCS 430/20-20





5 ILCS 430/20-50





5 ILCS 430/20-95





5 ILCS 430/25-10





5 ILCS 430/25-20





5 ILCS 430/25-50





5 ILCS 430/25-95





5 ILCS 430/30-5





5 ILCS 430/Art. 60 heading new






5 ILCS 430/60-5 new





20 ILCS 3005/1
 from Ch. 127, par. 411








 Amends the State Officials and Employees Ethics Act and the Governor's Office of Management and Budget Act. With respect to Inspectors General and Ethics Commissions, makes changes concerning: removal; budgets; monitoring of State hiring; initiation of investigations; anonymous allegations; disclosure of summary reports; and consolidation of offices.
















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A BILL FOR









 











HB4573

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1
 AN ACT concerning government.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The State Officials and Employees Ethics Act is 
5
amended by changing Sections 20-10, 20-20, 20-50, 20-95, 25-10, 
6
25-20, 25-50, 25-95, and 30-5 and by adding the heading of 
7
Article 60 and Section 60-5 as follows:

8
 (5 ILCS 430/20-10)

9
 Sec. 20-10. Offices of Executive Inspectors General.


10
 (a) Five independent Offices of the Executive Inspector 
11
General are
created,
one each for the Governor, the Attorney 
12
General, the Secretary of State, the
Comptroller, and the 
13
Treasurer. Each Office shall be under the direction and

14
supervision
of an Executive Inspector General and shall be a 
15
fully independent office with
separate
appropriations.

16
 (b) The Governor, Attorney General, Secretary of State, 
17
Comptroller, and
Treasurer shall each appoint an Executive 
18
Inspector General, without regard to
political affiliation and 
19
solely on the basis of integrity and
demonstrated ability.

20
Appointments shall be made by and with the advice and consent 
21
of the
Senate by three-fifths of the elected members concurring 
22
by record vote.
Any nomination not acted upon by the Senate 
23
within 60 session days of the
receipt thereof shall be deemed 
 


 






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1
to have received the advice and consent of
the Senate. If, 
2
during a recess of the Senate, there is a vacancy in an office

3
of Executive Inspector General, the appointing authority shall 
4
make a
temporary appointment until the next meeting of the 
5
Senate when the
appointing authority shall make a nomination to 
6
fill that office. No person
rejected for an office of Executive 
7
Inspector General shall, except by the
Senate's request, be 
8
nominated again for that office at the same session of
the 
9
Senate or be appointed to that office during a recess of that 
10
Senate.

11
 Nothing in this Article precludes the appointment by the 
12
Governor, Attorney
General,
Secretary of State, Comptroller, 
13
or Treasurer of any other inspector general
required or

14
permitted by law. The Governor, Attorney General, Secretary of 
15
State,
Comptroller, and
Treasurer
each may appoint an existing 
16
inspector general as the Executive Inspector
General
required 
17
by this
Article, provided that such an inspector general is not 
18
prohibited by law,
rule,
jurisdiction, qualification, or 
19
interest from serving as the Executive
Inspector General

20
required by
this Article.
An appointing authority may not 
21
appoint a relative as an Executive Inspector
General.


22
 Each Executive Inspector General shall have the following 
23
qualifications:


24
  (1) has not been convicted of any felony under the laws 
25
 of this State,
another State, or the United States;

26
  (2) has earned a baccalaureate degree from an 
 


 






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1
 institution of higher
education; and


2
  (3) has 5 or more years of cumulative service (A) with 
3
 a federal,
State, or
local law enforcement agency, at least 
4
 2 years of which have been in a
progressive investigatory 
5
 capacity; (B)
as a
federal, State, or local prosecutor; (C)

6
 as a
senior manager or executive of a federal, State, or 
7
 local
agency; (D) as a member, an officer,
or a State
or 
8
 federal judge; or (E) representing any combination of (A) 
9
 through (D).


10
 The term of each initial Executive Inspector General shall

11
commence upon qualification and shall run through June 30, 
12
2008. The
initial appointments shall be made within 60 days 
13
after the effective
date of this Act.

14
 After the initial term, each Executive Inspector General 
15
shall serve
for 5-year terms commencing on July 1 of the year 
16
of appointment
and running through June 30 of the fifth 
17
following year. An
Executive Inspector General may be 
18
reappointed to one or more
subsequent terms.

19
 A vacancy occurring other than at the end of a term shall 
20
be filled
by the appointing authority only for the balance of 
21
the term of the Executive
Inspector General whose office is 
22
vacant.

23
 Terms shall run regardless of whether the position is 
24
filled.

25
 (c) The Executive Inspector General appointed by the 
26
Attorney General shall
have jurisdiction over the Attorney 
 


 






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1
General and all officers and employees of,
and vendors and 
2
others doing business with,
State agencies within the 
3
jurisdiction of the Attorney General. The Executive
Inspector 
4
General appointed by the Secretary of State shall have 
5
jurisdiction
over the Secretary of State and all officers and 
6
employees of, and vendors and
others doing business with, State 
7
agencies within the
jurisdiction of the Secretary of State. The 
8
Executive Inspector General
appointed by the Comptroller shall 
9
have jurisdiction over the Comptroller and
all officers and 
10
employees of, and vendors and others doing business with,
State 
11
agencies within the jurisdiction of the Comptroller. The

12
Executive Inspector General appointed by the Treasurer shall 
13
have jurisdiction
over the Treasurer and all officers and 
14
employees of, and vendors and others
doing business with, State 
15
agencies within the jurisdiction
of the Treasurer. The 
16
Executive Inspector General appointed by the Governor
shall 
17
have jurisdiction over the Governor, the Lieutenant Governor, 
18
and all
officers and employees of, and vendors and others doing 
19
business with,
executive branch State agencies under the 
20
jurisdiction of the
Executive Ethics Commission and not within 
21
the jurisdiction of the
Attorney
General, the Secretary of 
22
State, the Comptroller, or the Treasurer.


23
 The jurisdiction of each Executive Inspector General is to 
24
investigate
allegations of fraud, waste, abuse, mismanagement, 
25
misconduct, nonfeasance,
misfeasance,
malfeasance, or 
26
violations of this Act or violations of other related
laws and 
 


 






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1
rules.


2
 (d) The minimum compensation for each Executive Inspector 
3
General shall be
determined by the Executive Ethics Commission. 
4
The actual compensation for each
Executive Inspector General 
5
shall be determined by the appointing executive
branch

6
constitutional officer and must be at or above the minimum 
7
compensation level
set by
the Executive Ethics Commission.
8
 (d-5) Subject to Section 20-45 of this Act, each
Executive 
9
Inspector General has full
authority
to organize his or her 
10
Office of the Executive Inspector General, including the

11
employment and determination of the compensation of staff, such 
12
as deputies,
assistants, and other employees, as 
13
appropriations permit. Each Office of the Executive Inspector 
14
General must include an administrative and investigative unit 
15
dedicated solely to the proactive monitoring and review of the 
16
hiring practices and activities of the State agencies under the 
17
jurisdiction of that Executive Inspector General. Each Office 
18
of the Executive Inspector General shall be given full access 
19
to all hiring information of the State agencies under the 
20
jurisdiction of that Executive Inspector General. A separate

21
appropriation
shall be made for each Office of Executive 
22
Inspector General.


23
 (e) No Executive Inspector General or employee of the 
24
Office of
the Executive Inspector General may, during his or 
25
her term of appointment or
employment:


26
  (1) become a candidate for any elective office;


 


 






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  (2) hold any other elected or appointed public office

2
 except for appointments on governmental advisory boards
or 
3
 study commissions or as otherwise expressly authorized by 
4
 law;


5
  (3) be actively involved in the affairs of any 
6
 political party or
political organization; or

7
  (4) actively participate in any campaign for any

8
 elective office.


9
 In this subsection an appointed public office means a 
10
position authorized by
law that is filled by an appointing 
11
authority as provided by law and does not
include employment by 
12
hiring in the ordinary course of business.


13
 (e-1) No Executive Inspector General or employee of the 
14
Office of the
Executive Inspector General may, for one year 
15
after the termination of his or
her appointment or employment:


16
  (1) become a candidate for any elective office;


17
  (2) hold any elected public office; or


18
  (3) hold any appointed State, county, or local judicial 
19
 office.


20
 (e-2) The requirements of item (3) of subsection (e-1) may 
21
be waived by the
Executive Ethics Commission.

22
 (f) An Executive Inspector General may be removed only for 
23
cause and may
be removed only after by the appointing 
24
constitutional officer certifies to the Senate the reasons for 
25
removal, the Senate conducts a public evidentiary hearing on 
26
the reasons, and a majority of the Senate subsequently votes to 
 


 






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1
remove the Executive Inspector General. After . At the time of 
2
the
removal,
the appointing constitutional officer must report 
3
to the Executive Ethics
Commission the
justification for the

4
removal.

5
(Source: P.A. 93-617, eff. 12-9-03.)

6
 (5 ILCS 430/20-20)

7
 Sec. 20-20. Duties of the Executive Inspectors
General. In 
8
addition to duties otherwise assigned by law,
each Executive 
9
Inspector General shall have the following duties:


10
  (1) To receive and investigate allegations of 
11
 violations of this
Act. The
Executive Inspector General may 
12
 initiate investigations (i) in response to receive 
13
 information received through the
Office of any Executive 
14
 Inspector General or
through an ethics commission, (ii) .
An 
15
 investigation may be conducted only in response
to 
16
 information reported to the Executive Inspector General, 
17
 or (iii)
as provided in this Section and not upon his or 
18
 her own prerogative.
Allegations may not be made 
19
 anonymously. An investigation may not be initiated
more 
20
 than one year after the most recent act of the alleged 
21
 violation or of a
series of alleged violations except where 
22
 there is reasonable cause to believe
that fraudulent 
23
 concealment has occurred. To constitute fraudulent 
24
 concealment
sufficient to toll this limitations period, 
25
 there must be an affirmative act or
representation 
 


 






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1
 calculated to prevent discovery of the fact that a 
2
 violation has
occurred. The
Executive Inspector General 
3
 shall have the discretion to determine the
appropriate 
4
 means of investigation as permitted by law.


5
  (2) To request information relating to an 
6
 investigation from any
person when the Executive Inspector 
7
 General deems that information necessary in
conducting an 
8
 investigation.


9
  (3) To issue subpoenas
to compel the attendance of 
10
 witnesses for the
purposes of testimony and production of 
11
 documents and other items for
inspection and copying and to 
12
 make service of those subpoenas and subpoenas
issued under 
13
 item (7) of Section 20-15.


14
  (4) To submit reports as required by this Act.


15
  (5) To file
pleadings in the name of
the Executive 
16
 Inspector General with the Executive 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
Executive 
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 Executive Inspector General 
26
 deems appropriate, from
ethics officers
of State agencies 
 


 






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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
(Source: P.A. 93-617, eff. 12-9-03.)

6
 (5 ILCS 430/20-50)

7
 Sec. 20-50. Investigation reports; complaint procedure.


8
 (a) If an Executive Inspector General, upon the conclusion 
9
of an
investigation, determines that reasonable cause exists to 
10
believe that a
violation
has occurred, then
the Executive 
11
Inspector General shall issue a summary report of the

12
investigation. The report shall be delivered to the
appropriate 
13
ultimate jurisdictional
authority and to the head of each State

14
agency
affected by or involved in the investigation, if 
15
appropriate.

16
 (b) The summary report of the investigation shall include 
17
the following:

18
  (1) A description of any allegations or other 
19
 information
received by the Executive Inspector General 
20
 pertinent to the
investigation.

21
  (2) A description of any alleged misconduct discovered 
22
 in the
course of the investigation.


23
  (3) Recommendations for any corrective or disciplinary

24
 action to be taken in response to any alleged misconduct 
25
 described in the
report, including but not limited to 
 


 






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1
 discharge.


2
  (4) Other information the Executive Inspector General

3
 deems relevant to the investigation or resulting 
4
 recommendations.

5
 (b-5) Within 60 days after delivery of a summary report, 
6
the Executive Ethics Commission shall make the report public 
7
unless within that 60-day period the Executive Inspector 
8
General certifies to the Executive Ethics Commission that 
9
publication of the summary report will interfere with an 
10
ongoing investigation. When the Inspector General so 
11
certifies, the Executive Ethics Commission shall publish the 
12
report (i) within 6 months after the date of that 
13
certification, if the ongoing investigation does not involve a 
14
criminal matter, or (ii) within 2 years after the date of that 
15
certification, if the ongoing investigation involves a 
16
criminal matter. If the ongoing investigation involves a 
17
criminal matter, the Executive Inspector General, every 6 
18
months until publication of the report, must certify to the 
19
Executive Ethics Commission that publication will interfere 
20
with the ongoing investigation.
21
 The name of a State employee for whom discipline is 
22
recommended in a summary report required to be published under 
23
this subsection shall not be redacted from the report under 
24
this Act or the Freedom of Information Act if the employee is 
25
required to file a statement of economic interests under the 
26
Illinois Governmental Ethics Act or the employee is alleged to 
 


 






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1
have violated Section 5-15, Section 5-45, or Article 10 of this 
2
Act. Regarding summary reports required to be published under

3
this subsection that recommend discipline for any other State

4
employee, the Executive Ethics Commission shall determine

5
whether it is in the public interest to publish or redact the

6
name of the State employee. 
7
 Notwithstanding the foregoing, the Inspector General may

8
redact information in summary reports that would reveal the

9
identity of witnesses, complainants, or informants before

10
publication if the Inspector General determines that it is 
11
appropriate to protect their identity.
12
 When the summary report is made public, the disciplinary

13
decision and justification from the State agency should also be

14
made public, along with any response from the employee if the

15
employee wishes. 
16
 (c) Not less than 30 days after delivery of the summary 
17
report of
an
investigation under subsection (a),
if the 
18
Executive Inspector General desires to file a petition for 
19
leave to file
a
complaint, the Executive Inspector General 
20
shall notify the Commission and the
Attorney General.
If the 
21
Attorney General determines
that reasonable cause exists to 
22
believe that a violation has occurred, then the
Executive 
23
Inspector
General, represented by the Attorney
General, may 
24
file with the Executive Ethics Commission a petition for
leave 
25
to file a complaint.
The petition shall set
forth the alleged 
26
violation and the
grounds that exist to support the petition. 
 


 






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1
The petition for leave to
file a complaint must be filed with 
2
the Commission within 18 months
after the most recent act of 
3
the
alleged violation or of a series of alleged violations

4
except where there is reasonable cause to believe
that 
5
fraudulent concealment has occurred. To constitute fraudulent 
6
concealment
sufficient to toll this limitations period, there 
7
must be an affirmative act or
representation calculated to 
8
prevent discovery of the fact that a violation has
occurred.
If 
9
a petition for leave to file a complaint is not filed with the 
10
Commission
within 6 months after notice by the Inspector 
11
General to the Commission and the
Attorney General, then the 
12
Commission may set a meeting of the Commission at
which the 
13
Attorney General shall appear and provide a status
report to 
14
the Commission.

15
 (d) A copy of the petition must be served on all 
16
respondents named in the
complaint and on each respondent's 
17
ultimate jurisdictional authority in
the same manner as process 
18
is served under the Code of Civil
Procedure.


19
 (e) A respondent may file objections to the petition for 
20
leave to
file a complaint within 30 days after notice of the 
21
petition has been
served on the respondent.


22
 (f) The Commission shall meet, either in person or by 
23
telephone,
in a closed session to review the sufficiency of the 
24
complaint.
If the Commission finds that complaint is 
25
sufficient, the Commission shall
grant the petition for leave 
26
to file the
complaint.
The Commission shall
issue notice to the 
 


 






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1
Executive Inspector General and all respondents of
the 
2
Commission's ruling on the sufficiency of the complaint. If the 
3
complaint
is deemed to
sufficiently allege a violation of this 
4
Act, then the Commission shall notify
the parties and shall

5
include a hearing date scheduled within 4 weeks after the date 
6
of the notice,
unless all of the parties consent to a later 
7
date.
If the complaint is deemed not to sufficiently allege a

8
violation, then
the Commission shall send by certified mail, 
9
return receipt requested,
a notice to the parties of the 
10
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
Executive
Ethics Commission, the Commission shall (i) dismiss 
18
the
complaint or (ii) issue a recommendation of discipline to 
19
the
respondent and the respondent's ultimate jurisdictional 
20
authority or
impose an administrative fine upon the respondent, 
21
or both.

22
 (i) The proceedings on any complaint filed with the 
23
Commission
shall be conducted pursuant to rules promulgated by 
24
the Commission.


25
 (j) The Commission may designate hearing officers
to 
26
conduct proceedings as determined by rule of the Commission.

 


 






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1
 (k) In all proceedings before the Commission, the standard 
2
of
proof is by a preponderance of the evidence.


3
 (l) When the Inspector General concludes that there is 
4
insufficient
evidence that a violation has occurred, the 
5
Inspector General shall close the
investigation. At the request 
6
of the subject of the investigation, the
Inspector
General 
7
shall provide a written statement to the subject of the 
8
investigation
and to the Commission of
the Inspector General's 
9
decision to close the investigation. Closure by the
Inspector 
10
General does not bar the Inspector General from resuming the

11
investigation if circumstances warrant.

12
(Source: P.A. 93-617, eff. 12-9-03.)

13
 (5 ILCS 430/20-95)

14
 Sec. 20-95. Exemptions.

15
 (a) Documents generated by an ethics
officer under this 
16
Act, except Section 5-50, are exempt from the provisions of
the 
17
Freedom
of Information Act.


18
 (b) Summary reports published pursuant to subsection (b-5) 
19
of Section 20-50 are public records. Other Any allegations
and 
20
related documents
submitted to an Executive Inspector General 
21
and any pleadings and
related documents brought before the 
22
Executive Ethics
Commission are exempt from the provisions of 
23
the Freedom of
Information Act so long as the Executive Ethics 
24
Commission
does not make a finding of a violation of this Act.

25
If the Executive
Ethics Commission finds that a violation has 
 


 






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1
occurred, the
entire record of proceedings before the 
2
Commission, the decision and
recommendation, and the mandatory 
3
report from the agency head or
ultimate jurisdictional 
4
authority to the Executive Ethics
Commission are not exempt 
5
from the provisions of the Freedom of
Information Act but 
6
information contained therein that is otherwise exempt from
the

7
Freedom of Information Act must be redacted before disclosure 
8
as provided in
Section 8 of the Freedom of Information Act.

9
 (c) Meetings of the Commission under
Sections 20-5
and 
10
20-15 of this Act are exempt from the provisions of the Open

11
Meetings Act.

12
 (d) Unless otherwise provided in this Act, all 
13
investigatory files and
reports of the Office of an Executive 
14
Inspector General, other than quarterly
reports, are 
15
confidential, are exempt from disclosure
under the Freedom of 
16
Information Act, and shall not be divulged to
any person or 
17
agency, except as necessary (i) to the appropriate law

18
enforcement
authority if the matter is referred pursuant to 
19
this Act, (ii) to the ultimate
jurisdictional authority, (iii) 
20
to the
Executive Ethics Commission; or (iv) to another 
21
Inspector General appointed
pursuant to this Act.

22
(Source: P.A. 93-617, eff. 12-9-03.)

23
 (5 ILCS 430/25-10)

24
 Sec. 25-10. Office of Legislative Inspector General.


25
 (a) The independent Office of the Legislative Inspector 
 


 






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1
General is created.
The Office shall be under the direction and 
2
supervision of the
Legislative Inspector General and shall be a 
3
fully independent office with its
own appropriation.

4
 (b) The Legislative Inspector General shall be appointed 
5
without regard to
political
affiliation and solely on the basis 
6
of integrity and
demonstrated ability.
The Legislative Ethics

7
Commission shall diligently search out qualified candidates 
8
for Legislative
Inspector General
and shall make 
9
recommendations to the General Assembly.

10
 The Legislative Inspector General shall be appointed by a 
11
joint resolution of
the
Senate and the House of 
12
Representatives, which may specify the date on
which the 
13
appointment takes effect.
A joint resolution, or other document 
14
as may be specified by the
Joint Rules of the General Assembly, 
15
appointing the Legislative Inspector
General must be certified 
16
by
the Speaker
of the House of Representatives and the 
17
President of the Senate as having been
adopted by the

18
affirmative vote of three-fifths of the members elected to each 
19
house,
respectively,
and be filed with the Secretary of State.

20
The appointment of the Legislative Inspector General takes 
21
effect on the day
the
appointment is completed by the General 
22
Assembly, unless the appointment
specifies a later date on 
23
which it is to become effective.

24
 The Legislative Inspector General shall have the following 
25
qualifications:


26
  (1) has not been convicted of any felony under the laws 
 


 






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1
 of this State,
another state, or the United States;

2
  (2) has earned a baccalaureate degree from an 
3
 institution of higher
education; and

4
  (3) has 5 or more years of cumulative service (A) with 
5
 a federal,
State, or
local law enforcement agency, at least 
6
 2 years of which have been in a
progressive investigatory 
7
 capacity; (B)
as a
federal, State, or local prosecutor; (C)

8
 as a
senior manager or executive of a federal, State, or 
9
 local
agency; (D) as a member, an officer,
or a State
or 
10
 federal judge; or (E) representing any combination of (A) 
11
 through (D).


12
 The Legislative Inspector General may not be a relative of 
13
a commissioner.

14
 The term of the initial Legislative Inspector General shall

15
commence upon qualification and shall run through June 30, 
16
2008.

17
 After the initial term, the Legislative Inspector General 
18
shall serve
for 5-year terms commencing on July 1 of the year 
19
of appointment
and running through June 30 of the fifth 
20
following year. The
Legislative Inspector General may be 
21
reappointed to one or more
subsequent terms.

22
 A vacancy occurring other than at the end of a term shall 
23
be filled in the
same manner as an appointment only for the 
24
balance of the term of the
Legislative
Inspector General whose 
25
office is vacant.

26
 Terms shall run regardless of whether the position is 
 


 






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1
filled.


2
 (c) The Legislative Inspector General
shall have 
3
jurisdiction over the members of the General Assembly and
all 
4
State employees whose ultimate jurisdictional authority is
(i) 
5
a legislative leader, (ii) the Senate Operations Commission, or 
6
(iii) the
Joint Committee on Legislative Support Services.

7
 The jurisdiction of each Legislative Inspector General is 
8
to investigate
allegations of fraud, waste, abuse, 
9
mismanagement, misconduct, nonfeasance,
misfeasance,

10
malfeasance, or violations of this Act or violations of other 
11
related
laws and rules.

12
 (d) The compensation of the Legislative Inspector General 
13
shall
be the greater of an amount (i) determined by the 
14
Commission or (ii) by joint
resolution of the General Assembly 
15
passed by a majority of members elected in
each chamber.
16
 (d-5)
Subject to Section 25-45 of this Act, the Legislative 
17
Inspector General has
full
authority to organize the Office of 
18
the Legislative Inspector General,
including the employment 
19
and determination of the compensation of
staff, such as 
20
deputies, assistants, and other employees, as
appropriations 
21
permit. Employment of staff is subject to the approval of at 
22
least 3 of the 4 legislative leaders.


23
 The Office of the Legislative Inspector General must 
24
include an administrative and investigative unit dedicated 
25
solely to the proactive monitoring and review of the hiring 
26
practices and activities of the State agencies under the 
 


 






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1
jurisdiction of the Legislative Inspector General. The Office 
2
of the Legislative Inspector General shall be given full access 
3
to all hiring information of the State agencies under his or 
4
her jurisdiction.
5
 (e) No Legislative Inspector General or employee of the 
6
Office of
the Legislative Inspector General may, during his or 
7
her term of appointment or
employment:

8
  (1) become a candidate for any elective office;

9
  (2) hold any other elected or appointed public office

10
 except for appointments on governmental advisory boards
or 
11
 study commissions or as otherwise expressly authorized by 
12
 law;

13
  (3) be actively involved in the affairs of any 
14
 political party or
political organization; or

15
  (4) actively participate in any campaign for any

16
 elective office.

17
 In this subsection an appointed public office means a 
18
position authorized by
law that is filled by an appointing 
19
authority as provided by law and does not
include employment by 
20
hiring in the ordinary course of business.

21
 (e-1) No Legislative Inspector General or employee of the 
22
Office of the
Legislative Inspector General may, for one year 
23
after the termination of his or
her appointment or employment:

24
  (1) become a candidate for any elective office;

25
  (2) hold any elected public office; or

26
  (3) hold any appointed State, county, or local judicial 
 


 






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1
 office.

2
 (e-2) The requirements of item (3) of subsection (e-1) may 
3
be waived by the
Legislative Ethics Commission.

4
 (f) The Commission may remove the Legislative Inspector 
5
General only for
cause. At the time of the removal, the 
6
Commission must report to the General
Assembly the 
7
justification for the removal.

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 initiate investigations (i) in response to receive 
16
 information received through the
Office of the Legislative 
17
 Inspector General or
through an ethics commission or (ii) .

18
 An investigation may be conducted only in response
to 
19
 information reported to the Legislative Inspector General

20
 as provided in this Section and not upon his or her own 
21
 prerogative.
Allegations may not be made anonymously. An 
22
 investigation may not be initiated
more than one year after 
23
 the most recent act of the alleged violation or of a
series 
24
 of alleged violations except where there is reasonable 
25
 cause to believe
that fraudulent concealment has occurred. 
 


 






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1
 To constitute fraudulent concealment
sufficient to toll 
2
 this limitations period, there must be an affirmative act 
3
 or
representation calculated to prevent discovery of the 
4
 fact that a violation
has occurred. The
Legislative 
5
 Inspector General shall have the discretion to determine 
6
 the
appropriate 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, 
 


 






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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
(Source: P.A. 93-617, eff. 12-9-03.)

9
 (5 ILCS 430/25-50)

10
 Sec. 25-50. Investigation reports; complaint procedure.

11
 (a) If the Legislative Inspector General, upon the 
12
conclusion of an
investigation, determines that reasonable 
13
cause exists to believe that a
violation
has occurred, then
the 
14
Legislative Inspector General shall issue a summary report of 
15
the
investigation. The report shall be delivered to the

16
appropriate ultimate jurisdictional
authority and to the head 
17
of each State
agency
affected by or involved in the 
18
investigation, if appropriate.

19
 (b) The summary report of the investigation shall include 
20
the following:


21
  (1) A description of any allegations or other 
22
 information
received by the Legislative Inspector General 
23
 pertinent to the
investigation.

24
  (2) A description of any alleged misconduct discovered 
25
 in the
course of the investigation.

 


 






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  (3) Recommendations for any corrective or disciplinary

2
 action to be taken in response to any alleged misconduct 
3
 described in the
report, including but not limited to 
4
 discharge.

5
  (4) Other information the Legislative Inspector 
6
 General
deems relevant to the investigation or resulting 
7
 recommendations.

8
 (b-5) Within 60 days after delivery of a summary report, 
9
the Legislative Ethics Commission shall make the report public 
10
unless within that 60-day period the Legislative Inspector 
11
General certifies to the Legislative Ethics Commission that 
12
publication of the summary report will interfere with an 
13
ongoing investigation. When the Inspector General so 
14
certifies, the Legislative Ethics Commission shall publish the 
15
report (i) within 6 months after the date of that 
16
certification, if the ongoing investigation does not involve a 
17
criminal matter, or (ii) within 2 years after the date of that 
18
certification, if the ongoing investigation involves a 
19
criminal matter. If the ongoing investigation involves a 
20
criminal matter, the Legislative Inspector General, every 6 
21
months until publication of the report, must certify to the 
22
Legislative Ethics Commission that publication will interfere 
23
with the ongoing investigation.
24
 The name of a State employee for whom discipline is 
25
recommended in a summary report required to be published under 
26
this subsection shall not be redacted from the report under 
 


 






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1
this Act or the Freedom of Information Act if the employee is 
2
required to file a statement of economic interests under the 
3
Illinois Governmental Ethics Act or the employee is alleged to 
4
have violated Section 5-15, Section 5-45, or Article 10 of this 
5
Act. Regarding summary reports required to be published under

6
this subsection that recommend discipline for any other State

7
employee, the Legislative Ethics Commission shall determine

8
whether it is in the public interest to publish or redact the 
9
name of the State employee. 
10
 Notwithstanding the foregoing, the Inspector General may

11
redact information in summary reports that would reveal the

12
identity of witnesses, complainants, or informants before

13
publication if the Inspector General determines that it is

14
appropriate to protect their identity.
15
 When the summary report is made public, the disciplinary

16
decision and justification from the State agency should also be

17
made public, along with any response from the employee if the

18
employee wishes. 
19
 (c) Not less than 30 days after delivery of the summary 
20
report of
an
investigation under subsection (a),
if the 
21
Legislative Inspector General desires to file a petition for 
22
leave to
file a
complaint, the Legislative Inspector General 
23
shall notify the Commission and
the
Attorney General.
If the 
24
Attorney General determines
that reasonable cause exists to 
25
believe that a violation has occurred, then the
Legislative 
26
Inspector
General, represented by the Attorney
General, may 
 


 






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1
file with the Legislative Ethics Commission a petition for

2
leave to file a complaint.
The petition shall set
forth the 
3
alleged violation and the
grounds that exist to support the 
4
petition. The petition for leave to
file a complaint must be 
5
filed with the Commission within 18 months
after the most 
6
recent act of the alleged violation or of a series of alleged

7
violations
except where there is reasonable cause to believe

8
that fraudulent concealment has occurred. To constitute 
9
fraudulent concealment
sufficient to toll this limitations 
10
period, there must be an affirmative act or
representation 
11
calculated to prevent discovery of the fact that a violation 
12
has
occurred.
If a petition for leave to file a complaint is 
13
not filed with the Commission
within 6 months after notice by 
14
the Inspector General to the Commission and the
Attorney 
15
General, then the Commission may set a meeting of the 
16
Commission at
which the Attorney General shall appear and 
17
provide a status
report to the Commission.

18
 (d) A copy of the petition must be served on all 
19
respondents named in the
complaint and on each respondent's 
20
ultimate jurisdictional authority in
the same manner as process 
21
is served under the Code of Civil
Procedure.

22
 (e) A respondent may file objections to the petition for 
23
leave to
file a complaint within 30 days after notice of the 
24
petition has been
served on the respondent.

25
 (f) The Commission shall meet, either in person or by 
26
telephone,
in a closed session to review the sufficiency of the 
 


 






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1
complaint.
If the Commission finds that complaint is 
2
sufficient, the Commission shall
grant the petition for leave 
3
to file the
complaint.
The Commission shall
issue notice to the 
4
Legislative Inspector General and all respondents of
the 
5
Commission's ruling on the sufficiency of the complaint. If the 
6
complaint
is deemed to
sufficiently allege a violation of this 
7
Act, then the Commission shall notify
the parties and shall

8
include a hearing date scheduled within 4 weeks after the date 
9
of the notice,
unless all of the parties consent to a later 
10
date.
If the complaint is deemed not to sufficiently allege a

11
violation, then
the Commission shall send by certified mail, 
12
return receipt requested,
a notice to the parties of the 
13
decision to dismiss the complaint.

14
 (g) On the scheduled date
the Commission shall conduct a 
15
closed meeting,
either in person or, if the parties consent, by 
16
telephone, on the complaint and
allow all
parties the 
17
opportunity to present testimony and evidence.
All such 
18
proceedings shall be transcribed.

19
 (h) Within an appropriate time limit set by rules of the 
20
Legislative
Ethics Commission, the Commission shall (i) 
21
dismiss the
complaint or (ii) issue a recommendation of 
22
discipline to the
respondent and the respondent's ultimate 
23
jurisdictional authority or
impose an administrative fine upon 
24
the respondent, or both.

25
 (i) The proceedings on any complaint filed with the 
26
Commission
shall be conducted pursuant to rules promulgated by 
 


 






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1
the Commission.

2
 (j) The Commission may designate hearing officers
to 
3
conduct proceedings as determined by rule of the Commission.

4
 (k) In all proceedings before the Commission, the standard 
5
of
proof is by a preponderance of the evidence.

6
 (l) When the Inspector General concludes that there is 
7
insufficient
evidence that a violation has occurred, the 
8
Inspector General shall close the
investigation. At the request 
9
of the subject of the investigation, the
Inspector
General 
10
shall provide a written statement to the subject of the 
11
investigation
and to the Commission of
the Inspector General's 
12
decision to close the investigation. Closure by the
Inspector 
13
General does not bar the Inspector General from resuming the

14
investigation if circumstances warrant.

15
(Source: P.A. 93-617, eff. 12-9-03.)

16
 (5 ILCS 430/25-95)

17
 Sec. 25-95. Exemptions.

18
 (a) Documents generated by an ethics
officer under this 
19
Act, except Section 5-50, are exempt from the provisions of
the 
20
Freedom
of Information Act.


21
 (a-5) Requests from ethics officers, members, and State 
22
employees to the Office of the Legislative Inspector General, a 
23
Special Legislative Inspector General, the Legislative Ethics 
24
Commission, an ethics officer, or a person designated by a 
25
legislative leader for guidance on matters involving the 
 


 






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1
interpretation or application of this Act or rules promulgated 
2
under this Act are exempt from the provisions of the Freedom of 
3
Information Act. Guidance provided to an ethics officer, 
4
member, or State employee at the request of an ethics officer, 
5
member, or State employee by the Office of the Legislative 
6
Inspector General, a Special Legislative Inspector General, 
7
the Legislative Ethics Commission, an ethics officer, or a 
8
person designated by a legislative leader on matters involving 
9
the interpretation or application of this Act or rules 
10
promulgated under this Act is exempt from the provisions of the 
11
Freedom of Information Act.

12
 (b) Summary reports published pursuant to subsection (b-5) 
13
of Section 25-50 are public records. Other Any allegations
and 
14
related documents
submitted to the Legislative Inspector 
15
General and any pleadings and
related documents brought before 
16
the Legislative Ethics
Commission are exempt from the 
17
provisions of the Freedom of
Information Act so long as the 
18
Legislative Ethics Commission
does not make a finding of a 
19
violation of this Act.
If the Legislative
Ethics Commission 
20
finds that a violation has occurred, the
entire record of 
21
proceedings before the Commission, the decision and

22
recommendation, and the mandatory report from the agency head 
23
or
ultimate jurisdictional authority to the Legislative Ethics

24
Commission are not exempt from the provisions of the Freedom of

25
Information Act but information contained therein that is 
26
exempt from the
Freedom of Information Act must be redacted 
 


 






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1
before disclosure as provided in
Section 8 of the Freedom of 
2
Information Act.

3
 (c) Meetings of the Commission under
Sections 25-5
and 
4
25-15 of this Act are exempt from the provisions of the Open

5
Meetings Act.


6
 (d) Unless otherwise provided in this Act, all 
7
investigatory files and
reports of the Office of the 
8
Legislative Inspector General, other than
quarterly
reports, 
9
are confidential, are exempt from disclosure
under the Freedom 
10
of Information Act, and shall not be divulged to
any person or 
11
agency, except as necessary (i) to the appropriate law

12
enforcement
authority if the matter is referred pursuant to 
13
this Act, (ii) to the ultimate
jurisdictional authority, or 
14
(iii) to the
Legislative Ethics Commission.

15
(Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)

16
 (5 ILCS 430/30-5)

17
 Sec. 30-5. Appointment of Inspector General.


18
 (a) The Auditor General shall
appoint an Inspector General 
19
(i) to investigate allegations of violations of
Articles 5 and

20
10 by State officers and employees under his or her 
21
jurisdiction, (ii) to proactively monitor and review the hiring 
22
practices and activities of the Office of the Auditor General, 
23
and (iii) and
(ii) to perform
other
duties and exercise other 
24
powers assigned to the Inspectors General by this or
any other

25
Act. The Inspector General shall be appointed within 6 months 
 


 






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1
after the
effective date
of this Act.


2
 (b) The Auditor General
shall
provide by rule for the 
3
operation of his or her Inspector General.
It is declared to be 
4
in the public interest, safety, and welfare that the
Auditor 
5
General adopt emergency rules under the Illinois 
6
Administrative
Procedure Act to initially perform his or her 
7
duties under this subsection.

8
 (c) The Auditor General
may appoint an existing inspector 
9
general as the Inspector General
required by this
Article, 
10
provided that such an inspector general is not prohibited by 
11
law,
rule,
jurisdiction, qualification, or interest from 
12
serving as the Inspector General
required by
this Article.


13
 The Auditor General may not appoint a relative as the 
14
Inspector General
required by this Article.

15
 (d) The Inspector General appointed by the Auditor General 
16
may be removed by the Auditor General only for cause after the 
17
Auditor General certifies to the Senate the reasons for 
18
removal, the Senate conducts a public evidentiary hearing on 
19
the reasons, and the Senate subsequently votes to remove the 
20
Inspector General. 
21
(Source: P.A. 93-617, eff. 12-9-03.)

22
 (5 ILCS 430/Art. 60 heading new)
23

ARTICLE 60.  OTHER PROVISIONS


24
 (5 ILCS 430/60-5 new)
 


 






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1
 Sec. 60-5. Consolidation study. By December 31, 2009, the 
2
Executive Inspectors General, the Legislative Inspector 
3
General, and the Auditor General's Inspector General jointly 
4
shall study and report to the General Assembly upon the 
5
feasibility and advisability of the consolidation of their 
6
offices into one Office of the Ethics Inspector General.

7
 Section 10. The Governor's Office of Management and Budget 
8
Act is amended by changing Section 1 as follows:




9
 (20 ILCS 3005/1) (from Ch. 127, par. 411)



10
 Sec. 1. Definitions. 

11
 "Capital expenditure" means money spent for replacing, 
12
remodeling, expanding,
or acquiring facilities, buildings or 
13
land owned directly by the State through
any State department, 
14
authority, public corporation of the State, State
college or 
15
university, or any other public agency created by the State,

16
but not units of local government or school districts.

17
 "Director" means the Director of the Governor's Office of 
18
Management and
Budget.

19
 "Office" means the Governor's Office of Management and 
20
Budget.

21
 "State Agency," whether used in the singular or plural, 
22
means all
Departments, Officers, Commissions, Boards, 
23
Institutions and bodies,
politic and corporate of the State, 
24
including the Offices of Clerk of
the Supreme Court and Clerks 
 


 






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1
of the Appellate Courts; except it shall
not mean the several 
2
Courts of the State, nor the Legislature, its
Committees or 
3
Commissions, nor the Constitutionally elected State
Officers, 
4
nor the Executive Ethics Commission, nor the Offices of 
5
Executive Inspectors General.

6
(Source: P.A. 93-25, eff. 6-20-03.)