92nd General Assembly
Summary of HB4084
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House Sponsors:
DAVIS,STEVE-HOLBROOK-MATHIAS-GRANBERG-BOLAND, FRANKS AND BRADLEY.

Senate Sponsors:
DEMUZIO-OBAMA

Short description: 
SOS-INSPECTOR GENERAL                                                      

Synopsis of Bill as introduced:
        Amends the Secretary of State  Act.  Requires  the  Secretary  of      
   State  to  appoint,  with  the  advice  and  consent of the Senate, an      
   Inspector General. Provides that the Secretary of State may  designate      
   the Inspector General and the members of the Inspector General's            
   office as peace officers after those persons have completed basic           
   police training. Allows the Inspector General to conduct investiga-         
   tions and make reports concerning misconduct within the Office of the       
   Secretary of State; subpoena witnesses and evidence necessary to carry      
   out the duties of the Inspector General; and have direct access to the      
   Secretary  of State. Provides that a person who fails to comply with a      
   subpoena issued by the Inspector  General  is  guilty  of  a  Class  A      
   misdemeanor. Prohibits reprisals against employees of the Secretary of      
   State  who make complaints to or disclose information to the Inspector      
   General.  Requires the Secretary of State to adopt rules  establishing      
   requirements  for  investigations. Amends the Secretary of State Merit      
   Employment  Code.  Provides  requirements  for  the  qualification  of      
   certain employees as inspectors.  Effective immediately.                    
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that a person who knowingly and  intentionally  (instead      
   of  just "knowingly") (A) fails to appear in response to a subpoena or      
   (B) fails to produce any books or papers in his or her  possession  or      
   control   (instead   of  just  "books  or  papers")  pertinent  to  an      
   investigation by  the  Inspector  General  is  guilty  of  a  Class  A      
   misdemeanor.                                                                
        HOUSE AMENDMENT NO. 2.                                                 
        Adds "corruption" and removes "waste",  "misconduct"  and  "other      
   abuse"  from  the  conduct that the Inspector General is authorized to      
   detect, deter, and prevent. Removes  "productivity"  and  "efficiency"      
   from  the  conduct that the Inspector General is empowered to increase      
   within the Office of the Secretary of State  by  recommending  methods      
   and procedures. Provides that the Inspector General's authorization to      
   access  records,  make investigations and reports, request information      
   and assistance, or issue subpoenas is limited to the investigation  of      
   the  Office of the Secretary of State, its employees, or their actions      
   for fraud, corruption, or mismanagement. Provides that  the  Inspector      
   General  may not issue subpoenas for certain records maintained in the      
   ordinary course of business by certain labor  organizations.  Provides      
   that  any  employee  who has the authority to recommend or approve any      
   personnel action or to direct  others  to  recommend  or  approve  any      
   personnel  action  (instead  of "who has the authority to take, direct      
   others to take, recommend, or approve any personnel action") make  not      
   take  any  action  against  any  employee  as  a reprisal for making a      
   complaint or disclosing information to the Inspector General. Provides      
   that any employee  of  the  Secretary  of  State  who  is  subject  to      
   investigation  or inquiry by the Inspector General must be informed of      
   his or her  right  to  remain  silent  and  to  be  represented  by  a      
   representative  of  a  labor organization. Requires all investigations      
   and recommendations for discipline by the Inspector General to  comply      
   with applicable collective bargaining agreements.                           
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



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