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Full Text of SB3656  97th General Assembly

SB3656 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3656

 

Introduced 2/10/2012, by Sen. Kirk W. Dillard - Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Governmental Ethics Act. Repeals various provisions of the Code of Conduct Article of the Act. In the Part of that Article concerning rules of conduct for legislators, adds criminal penalties for intentional violations. In the Part of that Article concerning ethical principles for legislators, replaces provisions concerning conflicts of interest with provisions prohibiting legislators from taking specified actions with regard to matters in which they are financially interested. Moves provisions prohibiting a legislator from engaging in conduct which is unbecoming to a legislator or which constitutes a breach of public trust from the Part concerning rules of conduct to the Part concerning ethical principles for legislators. Deletes language stating that the provisions of the Part concerning ethical principles for legislators are intended only as guides to legislator conduct, and adds language to that Part providing that it shall be enforced by disciplinary action and that administrative fines may be levied by the Legislative Ethics Commission under specified circumstances. Amends the State Officials and Employees Ethics Act to provide that a Legislative Inspector General shall investigate specified matters under the Illinois Governmental Ethics Act. Makes other changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning ethics.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by renumbering and changing Section 3-107, by changing Sections
63-202 and 3-206, and by adding Section 3-108 as follows:
 
7    (5 ILCS 420/3-108 new)
8    Sec. 3-108. Penalty. A person is guilty of a Class A
9misdemeanor if that person intentionally violates any
10provision of Section 3-102, 3-103, 3-104, 3-105, or 3-106.
 
11    (5 ILCS 420/3-202)  (from Ch. 127, par. 603-202)
12    Sec. 3-202. No legislator may be in any manner financially
13interested directly in his or her own name or indirectly in the
14name of any other person, association, trust, or corporation in
15any matter with regard to which such legislator may be called
16upon to act or vote. No legislator may represent, either as
17agent or otherwise, any person, association, trust, or
18corporation in any matter with regard to which such legislator
19may be called upon to vote. No legislator may take or receive,
20or offer to take or receive, either directly or indirectly, any
21money or other thing of value as a gift or bribe or means of
22influencing his or her vote or action in his or her official

 

 

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1capacity. When a legislator must take official action on a
2legislative matter as to which he has a conflict situation
3created by a personal, family, or client legislative interest,
4he should consider the possibility of eliminating the interest
5creating the conflict situation. If that is not feasible, he
6should consider the possibility of abstaining from such
7official action. In making his decision as to abstention, the
8following factors should be considered;
9    a. whether a substantial threat to his independence of
10judgment has been created by the conflict situation;
11    b. the effect of his participation on public confidence in
12the integrity of the legislature;
13    c. whether his participation is likely to have any
14significant effect on the disposition of the matter;
15    d. the need for his particular contribution, such as
16special knowledge of the subject matter, to the effective
17functioning of the legislature.
18    He need not abstain if he decides to participate in a
19manner contrary to the economic interest which creates the
20conflict situation.
21    If he does abstain, he should disclose that fact to his
22respective legislative body.
23(Source: Laws 1967, p. 3401.)
 
24    (5 ILCS 420/3-205.1)  (was 5 ILCS 420/3-107)
25    Sec. 3-205.1. 3-107. No legislator may engage in other

 

 

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1conduct which is unbecoming to a legislator or which
2constitutes a breach of public trust.
3(Source: Laws 1967, p. 3401.)
 
4    (5 ILCS 420/3-206)  (from Ch. 127, par. 603-206)
5    Sec. 3-206. (a) Sections 3-202 and 3-205.1 shall 3-201
6through 3-205 are intended only as guides to legislator
7conduct, and not as rules meant to be enforced by disciplinary
8action.
9    (b) The Legislative Ethics Commission may levy an
10administrative fine of up to $5,000 against any person who
11violates Section 3-202 or 3-205.1, who intentionally obstructs
12or interferes with an investigation conducted under Section
133-202 or 3-205.1 by the Legislative Inspector General, or who
14intentionally makes a false, frivolous, or bad faith
15allegation.
16(Source: P.A. 77-1806.)
 
17    (5 ILCS 420/3-201 rep.)
18    (5 ILCS 420/3-203 rep.)
19    (5 ILCS 420/3-204 rep.)
20    (5 ILCS 420/3-205 rep.)
21    (5 ILCS 420/3-304 rep.)
22    Section 10. The Illinois Governmental Ethics Act is amended
23by repealing Sections 3-201, 3-203, 3-204, 3-205, and 3-304.
 

 

 

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1    Section 15. The State Officials and Employees Ethics Act is
2amended by changing Sections 25-10 and 25-20 as follows:
 
3    (5 ILCS 430/25-10)
4    Sec. 25-10. Office of Legislative Inspector General.
5    (a) The independent Office of the Legislative Inspector
6General is created. The Office shall be under the direction and
7supervision of the Legislative Inspector General and shall be a
8fully independent office with its own appropriation.
9    (b) The Legislative Inspector General shall be appointed
10without regard to political affiliation and solely on the basis
11of integrity and demonstrated ability. The Legislative Ethics
12Commission shall diligently search out qualified candidates
13for Legislative Inspector General and shall make
14recommendations to the General Assembly.
15    The Legislative Inspector General shall be appointed by a
16joint resolution of the Senate and the House of
17Representatives, which may specify the date on which the
18appointment takes effect. A joint resolution, or other document
19as may be specified by the Joint Rules of the General Assembly,
20appointing the Legislative Inspector General must be certified
21by the Speaker of the House of Representatives and the
22President of the Senate as having been adopted by the
23affirmative vote of three-fifths of the members elected to each
24house, respectively, and be filed with the Secretary of State.
25The appointment of the Legislative Inspector General takes

 

 

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1effect on the day the appointment is completed by the General
2Assembly, unless the appointment specifies a later date on
3which it is to become effective.
4    The Legislative Inspector General shall have the following
5qualifications:
6        (1) has not been convicted of any felony under the laws
7    of this State, another state, or the United States;
8        (2) has earned a baccalaureate degree from an
9    institution of higher education; and
10        (3) has 5 or more years of cumulative service (A) with
11    a federal, State, or local law enforcement agency, at least
12    2 years of which have been in a progressive investigatory
13    capacity; (B) as a federal, State, or local prosecutor; (C)
14    as a senior manager or executive of a federal, State, or
15    local agency; (D) as a member, an officer, or a State or
16    federal judge; or (E) representing any combination of (A)
17    through (D).
18    The Legislative Inspector General may not be a relative of
19a commissioner.
20    The term of the initial Legislative Inspector General shall
21commence upon qualification and shall run through June 30,
222008.
23    After the initial term, the Legislative Inspector General
24shall serve for 5-year terms commencing on July 1 of the year
25of appointment and running through June 30 of the fifth
26following year. The Legislative Inspector General may be

 

 

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1reappointed to one or more subsequent terms.
2    A vacancy occurring other than at the end of a term shall
3be filled in the same manner as an appointment only for the
4balance of the term of the Legislative Inspector General whose
5office is vacant.
6    Terms shall run regardless of whether the position is
7filled.
8    (c) The Legislative Inspector General shall have
9jurisdiction over the members of the General Assembly and all
10State employees whose ultimate jurisdictional authority is (i)
11a legislative leader, (ii) the Senate Operations Commission, or
12(iii) the Joint Committee on Legislative Support Services.
13    The jurisdiction of each Legislative Inspector General is
14to investigate allegations of fraud, waste, abuse,
15mismanagement, misconduct, nonfeasance, misfeasance,
16malfeasance, or violations of this Act or the Illinois
17Governmental Ethics Act or violations of other related laws and
18rules.
19    (d) The compensation of the Legislative Inspector General
20shall be the greater of an amount (i) determined by the
21Commission or (ii) by joint resolution of the General Assembly
22passed by a majority of members elected in each chamber.
23Subject to Section 25-45 of this Act, the Legislative Inspector
24General has full authority to organize the Office of the
25Legislative Inspector General, including the employment and
26determination of the compensation of staff, such as deputies,

 

 

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1assistants, and other employees, as appropriations permit.
2Employment of staff is subject to the approval of at least 3 of
3the 4 legislative leaders.
4    (e) No Legislative Inspector General or employee of the
5Office of the Legislative Inspector General may, during his or
6her term of appointment or employment:
7        (1) become a candidate for any elective office;
8        (2) hold any other elected or appointed public office
9    except for appointments on governmental advisory boards or
10    study commissions or as otherwise expressly authorized by
11    law;
12        (3) be actively involved in the affairs of any
13    political party or political organization; or
14        (4) actively participate in any campaign for any
15    elective office.
16    In this subsection an appointed public office means a
17position authorized by law that is filled by an appointing
18authority as provided by law and does not include employment by
19hiring in the ordinary course of business.
20    (e-1) No Legislative Inspector General or employee of the
21Office of the Legislative Inspector General may, for one year
22after the termination of his or her appointment or employment:
23        (1) become a candidate for any elective office;
24        (2) hold any elected public office; or
25        (3) hold any appointed State, county, or local judicial
26    office.

 

 

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1    (e-2) The requirements of item (3) of subsection (e-1) may
2be waived by the Legislative Ethics Commission.
3    (f) The Commission may remove the Legislative Inspector
4General only for cause. At the time of the removal, the
5Commission must report to the General Assembly the
6justification for the removal.
7(Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
 
8    (5 ILCS 430/25-20)
9    Sec. 25-20. Duties of the Legislative Inspector General. In
10addition to duties otherwise assigned by law, the Legislative
11Inspector General shall have the following duties:
12        (1) To receive and investigate allegations of
13    violations of this Act and the Illinois Governmental Ethics
14    Act. An investigation may not be initiated more than one
15    year after the most recent act of the alleged violation or
16    of a series of alleged violations except where there is
17    reasonable cause to believe that fraudulent concealment
18    has occurred. To constitute fraudulent concealment
19    sufficient to toll this limitations period, there must be
20    an affirmative act or representation calculated to prevent
21    discovery of the fact that a violation has occurred. The
22    Legislative Inspector General shall have the discretion to
23    determine the appropriate means of investigation as
24    permitted by law.
25        (2) To request information relating to an

 

 

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1    investigation from any person when the Legislative
2    Inspector General deems that information necessary in
3    conducting an investigation.
4        (3) To issue subpoenas, with the advance approval of
5    the Commission, to compel the attendance of witnesses for
6    the purposes of testimony and production of documents and
7    other items for inspection and copying and to make service
8    of those subpoenas and subpoenas issued under item (7) of
9    Section 25-15.
10        (4) To submit reports as required by this Act.
11        (5) To file pleadings in the name of the Legislative
12    Inspector General with the Legislative Ethics Commission,
13    through the Attorney General, as provided in this Article
14    if the Attorney General finds that reasonable cause exists
15    to believe that a violation has occurred.
16        (6) To assist and coordinate the ethics officers for
17    State agencies under the jurisdiction of the Legislative
18    Inspector General and to work with those ethics officers.
19        (7) To participate in or conduct, when appropriate,
20    multi-jurisdictional investigations.
21        (8) To request, as the Legislative Inspector General
22    deems appropriate, from ethics officers of State agencies
23    under his or her jurisdiction, reports or information on
24    (i) the content of a State agency's ethics training program
25    and (ii) the percentage of new officers and employees who
26    have completed ethics training.

 

 

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1        (9) To establish a policy that ensures the appropriate
2    handling and correct recording of all investigations of
3    allegations and to ensure that the policy is accessible via
4    the Internet in order that those seeking to report those
5    allegations are familiar with the process and that the
6    subjects of those allegations are treated fairly.
7(Source: P.A. 96-555, eff. 8-18-09.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 420/3-108 new
4    5 ILCS 420/3-202from Ch. 127, par. 603-202
5    5 ILCS 420/3-205.1was 5 ILCS 420/3-107
6    5 ILCS 420/3-206from Ch. 127, par. 603-206
7    5 ILCS 420/3-201 rep.
8    5 ILCS 420/3-203 rep.
9    5 ILCS 420/3-204 rep.
10    5 ILCS 420/3-205 rep.
11    5 ILCS 420/3-304 rep.
12    5 ILCS 430/25-10
13    5 ILCS 430/25-20