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SENATE RESOLUTION

 
2    RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL
3ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate
4of the 101st General Assembly are amended by adding Senate
5Rules 11-3 through 11-9 as follows:
 
6    (Senate Rule 11-3 new)
7    11-3. Special Investigating Committee.
8    (a) Disciplinary proceedings may be commenced by filing
9with the President and the Minority Leader a petition, signed
10by 3 or more members of the Senate, for a special investigating
11committee. The petition shall contain the alleged charge or
12charges that, if true, may subject the member named in the
13petition to disciplinary action by the Senate and may include
14any other factual information that supports the charge or
15charges.
 
16    (b) Upon filing the petition, a special investigating
17committee consisting of 6 members shall be created. The
18President shall appoint 3 members from the majority caucus and
19the Minority Leader shall appoint 3 members from the minority
20caucus. The President shall appoint the Chairperson from among
21the 6 members. Members signing the petition may not be
22appointed to the special investigating committee. The contents
23of a petition for a special investigating committee shall be

 

 

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1confidential until the appointment of all members except as to
2the member named, the members signing it, the President, the
3Minority Leader, and the members of a special investigating
4committee.
 
5    (c) The Chairperson shall give reasonable notice of all
6meetings to the member named in the petition and to the public.
7All meetings of the special investigating committee shall be
8open to the public, unless, pursuant to Article IV, Section
95(c) of the Illinois Constitution, the Senate votes by the
10affirmative vote of two-thirds of the members to hold
11proceedings in executive session. The Secretary shall keep an
12audio recording and transcript of all meetings.
 
13    (d) The member named in the petition has the right to
14counsel during all meetings of the special investigating
15committee.
 
16    (e) The Chairperson may establish procedural rules
17(subject to the approval of the President). The Committee may,
18in the discretion of the Chairperson, administer oaths and
19compel by subpoena (subject to Rule 2-5(c)(9)) any person to
20appear and give testimony as a witness or produce papers,
21documents, or other materials relevant to the charge or
22charges.
 

 

 

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1    (Senate Rule 11-4 new)
2    11-4. Investigation.
3    (a) At the initial meeting of the special investigating
4committee, the Chairperson shall enter the petition into the
5record.
 
6    (b) The special investigating committee shall conduct a
7thorough investigation of all charges alleged in the petition.
8The special investigating committee shall meet as often as
9necessary and consider any information or testimony it deems
10relevant to the charges alleged in the petition, regardless of
11whether such information was contained in the petition or is
12discovered through subsequent investigation.
 
13    (c) The special investigating committee shall give the
14member named in the petition an opportunity to be present at
15all meetings and to testify or otherwise present any relevant
16information.
 
17    (d) The special investigating committee shall determine if
18reasonable grounds exist to authorize charges against the
19member named in the petition that may result in disciplinary
20action by the Senate. The special investigating committee shall
21vote on each charge alleged in the petition by record vote. A
22motion to authorize a charge requires the affirmative vote of a
23majority of those appointed.
 

 

 

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1    (Senate Rule 11-5 new)
2    11-5. Report of the Special Investigating Committee.
3    (a) The special investigating committee shall file with the
4Secretary a written report that includes, at a minimum, a
5summary of each charge alleged in the petition, the vote on
6each charge alleged in the petition, and the reasons the
7committee did or did not authorize each charge against the
8member. Any member of the special investigating committee may
9include a supplemental statement in the report, either
10concurring with or dissenting from all or part of the report,
11or explaining a reason for his or her vote on a charge. The
12report shall be signed by all of the members of the special
13investigating committee, regardless of their original vote in
14the committee proceedings on whether to authorize charges.
 
15    (b) If a majority of those appointed determines that
16reasonable grounds exist to authorize a charge or charges, then
17for each authorized charge the report shall include a statement
18of the authorized charge and any factual information supporting
19that charge. Within the report, the special investigating
20committee shall appoint 2 members of the Senate, one from the
21majority caucus and one from the minority caucus, who are not
22members of the special investigating committee and did not sign
23the petition, to be managers for the Senate at the hearing on
24the authorized charge or charges.
 

 

 

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1    (Senate Rule 11-6 new)
2    11-6. Select Committee on Discipline.
3    (a) If a special investigating committee authorizes
4charges against any member of the Senate, the President and the
5Minority Leader shall appoint a select committee on discipline
6to hear and determine those charges. The select committee shall
7consist of 12 members of the Senate, 6 of whom shall be
8appointed by the President from the majority caucus and 6 of
9whom shall be appointed by the Minority Leader from the
10minority caucus. The President shall appoint a Chairperson from
11among the 12 members. No member who signed the petition or
12served on the special investigating committee may be appointed
13to the select committee.
 
14    (b) All appointments to a select committee shall be
15completed and the select committee shall convene within 30 days
16after the filing of a report issued by the special
17investigating committee.
 
18    (c) The Chairperson shall give reasonable notice of all
19meetings to the member named in the petition and to the public.
20All meetings of the select committee shall be open to the
21public, unless, pursuant to Article IV, Section 5(c) of the
22Illinois Constitution, the Senate votes by the affirmative vote
23of two-thirds of the members to hold proceedings in executive

 

 

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1session. The Secretary shall keep an audio recording and
2transcript of all meetings.
 
3    (d) The Chairperson may establish procedural rules
4(subject to the approval of the President). The select
5committee may, at the discretion of the Chairperson, administer
6oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any
7person to appear and give testimony as a witness or produce
8papers, documents, or other materials relevant to the charge or
9charges.
 
10    (Senate Rule 11-7 new)
11    11-7. Hearings on Disciplinary Charges.
12    (a) Proceedings before the select committee shall be
13adversarial in form, with the managers for the Senate
14presenting the case for disciplinary action. The member subject
15to charges has the right to counsel during all hearings of the
16select committee.
 
17    (b) Stipulations of fact shall be encouraged by the select
18committee.
 
19    (Senate Rule 11-8 new)
20    11-8. Report of the Select Committee on Discipline.
21    (a) The select committee shall vote on each charge by
22record vote. For each charge the select committee shall vote on

 

 

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1the question, "Is the Member at fault on this charge?" If a
2majority of those appointed vote in the affirmative, the member
3shall be found at fault on that charge. If less than a majority
4of those appointed vote in the affirmative, it shall be
5reported that there is insufficient evidence to find the member
6at fault on that charge.
 
7    (b) If the select committee finds the member at fault on
8any charge, the committee shall adopt a recommendation for
9disciplinary action. The committee may recommend a reprimand, a
10censure, expulsion from the Senate, or that no penalty be
11invoked. The recommendation on disciplinary action requires an
12affirmative vote of the majority of those appointed. If a
13majority of those appointed cannot, by record vote, agree on a
14penalty, it shall report a recommendation that no penalty be
15invoked.
 
16    (c) The select committee shall file a report of its
17findings on each charge. The report shall include, at a
18minimum, the vote of the committee on each charge, the reasons
19for each conclusion, and any recommendation as to a penalty for
20a finding of fault on a charge. Any member of the select
21committee may include a supplemental statement in the report,
22either concurring with or dissenting from all or part of the
23report, or explaining a reason for his or her vote on a charge.
 

 

 

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1    (d) If the select committee finds the member at fault on
2any charge, the select committee shall file a resolution that
3includes its findings, the charge, and the recommended penalty
4for that charge. Separate resolutions must be filed for each
5charge.
 
6    (Senate Rule 11-9 new)
7    11-9. Senate Action on the Report of the Select Committee
8on Discipline.
9    (a) The report of a select committee and any accompanying
10resolution shall be filed with the Secretary and reproduced and
11distributed as provided in Rule 5-4. The report and any
12accompanying resolutions shall be placed on the calendar under
13the heading "Report and Resolutions of Select Committee on
14Discipline". The report and resolutions shall be carried on the
15Daily Calendar for 2 legislative days before any action by the
16Senate.
 
17    (b) The Senate shall take action by a record vote on each
18resolution. The Senate may amend a resolution for disciplinary
19action to decrease the recommended penalty by a record vote of
20a majority of the members elected.
 
21    (c) A resolution finding a member at fault regarding a
22charge may be adopted only by the affirmative vote of
23three-fifths of the members elected, except that a resolution

 

 

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1the effect of which is to expel a member may be adopted only by
2the affirmative vote of two-thirds of the members elected.