SB3161 100TH GENERAL ASSEMBLY

SRS100 00002 JEJ 10002 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3161

Introduced 2/15/2018, by Sen. Karen McConnaughay - Michael Connelly

SYNOPSIS AS INTRODUCED:

5 ILCS 430/25-5
5 ILCS 430/25-10

Amends the State Officials and Employees Ethics Act. Provides that the Legislative Ethics Commission shall consist of 12 commissioners (currently, 8). Provides for the appointment of and requirements for members of the general public as commissioners. Provides that a person is not eligible to serve as a commissioner if that person, among other restrictions, was registered as a lobbyist within the preceding 10 years (currently, preceding 12 months) or is someone other than a member of the General Assembly who holds a partisan elected or political party office, or is an officer or employee of a political committee or political campaign. Provides that the minutes of meetings of the Legislative Ethics Commission shall become public on the Commission's website within 5 days after the Commission's approval. Provides that the Legislative Ethics Commission shall diligently search out qualified candidates for Legislative Inspector General and shall make recommendations to the General Assembly using a specified process. Provides that within 10 days of a vacancy or of the resignation of a Legislative Inspector General, the Commission shall designate an Acting Legislative Inspector General who shall serve until the vacancy is filled. Provides that if the Office of Legislative Inspector General is vacant for 6 months or more, all complaints for which the Legislative Inspector General would be responsible shall be directed to the Executive Inspector General for the Attorney General, and he or she shall have the authority to act as provided in specified provisions of the Act. Provides that if the Office is vacant, either the staff of the Office of the Inspector General or if there is no staff of the Office of the Inspector General, the Executive Director of the Legislative Ethics Commission shall, at each meeting of the Legislative Ethics Commission, report to the Commission, how many investigations are open and not yet completed and how many complaints or allegations have been submitted during the time of the vacancy. Makes conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Sections 25-5 and 25-10 as follows:

(5 ILCS 430/25-5)

Sec. 25-5. Legislative Ethics Commission.

(a) The Legislative Ethics Commission is created.

(b) The Legislative Ethics Commission shall consist of 12 8 commissioners appointed 3 2 each by the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives.

The terms of the initial commissioners shall commence upon qualification. Each appointing authority shall designate one appointee who shall serve for a 2-year term running through June 30, 2005. Each appointing authority shall designate one appointee who shall serve for a 4-year term running through June 30, 2007. The initial appointments shall be made within 60 days after the effective date of this Act.

After the initial terms, commissioners shall serve for 4-year terms commencing on July 1 of the year of appointment and running through June 30 of the fourth following year. Commissioners may be reappointed to one or more subsequent terms.

Vacancies occurring other than at the end of a term shall be filled by the appointing authority only for the balance of the term of the commissioner whose office is vacant.

Terms shall run regardless of whether the position is filled.

(c) Each The appointing authority authorities shall appoint no more than 2 commissioners who have experience holding governmental office or employment and may appoint commissioners who are members of the General Assembly as well as commissioners from the general public. Each appointing authority shall appoint at least one commissioner who is a member of the general public who has not served as a State officer, a State employee, or a member of the General Assembly during the preceding 10 years. A commissioner who is a member of the General Assembly must recuse himself or herself from participating in any matter relating to any investigation or proceeding in which he or she is the subject or in which he or she is a witness or complainant. A person is not eligible to serve as a commissioner if that person (i) has been convicted of a felony or a crime of dishonesty or moral turpitude, (ii) is, or was within the preceding 10 years 12 months, engaged in activities that require registration under the Lobbyist Registration Act, (iii) is a relative of the appointing authority, or (iv) is a State officer or employee other than a member of the General Assembly, or (v) is someone, other than a member of the General Assembly, who holds a partisan elected or political party office, or is an officer or employee of a political committee or political campaign.

(d) The Legislative Ethics Commission shall have jurisdiction over members of the General Assembly and all State employees whose ultimate jurisdictional authority is (i) a legislative leader, (ii) the Senate Operations Commission, or (iii) the Joint Committee on Legislative Support Services. The jurisdiction of the Commission is limited to matters arising under this Act.

An officer or executive branch State employee serving on a legislative branch board or commission remains subject to the jurisdiction of the Executive Ethics Commission and is not subject to the jurisdiction of the Legislative Ethics Commission.

(e) The Legislative Ethics Commission must meet, either in person or by other technological means, monthly or as often as necessary. At the first meeting of the Legislative Ethics Commission, the commissioners shall choose from their number a chairperson and other officers that they deem appropriate. The terms of officers shall be for 2 years commencing July 1 and running through June 30 of the second following year. Meetings shall be held at the call of the chairperson or any 5 3 commissioners. Official action by the Commission shall require the affirmative vote of 7 5 commissioners, and a quorum shall consist of 7 5 commissioners. Commissioners shall receive no compensation but may be reimbursed for their reasonable expenses actually incurred in the performance of their duties. Minutes of meetings of the Legislative Ethics Commission shall be made public on the Commission website within 5 business days of being approved by the Commission. Any information that is required to be kept confidential by this Act shall be redacted from the minutes that are made public.

(f) No commissioner, other than a commissioner who is a member of the General Assembly, or employee of the Legislative Ethics Commission may during his or her term of appointment or employment:

(1) become a candidate for any elective office;

(2) hold any other elected or appointed public office except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;

(3) be actively involved in the affairs of any political party or political organization or employed by any political committee; or

(4) advocate for the appointment of another person to an appointed or elected office or position or actively participate in any campaign for any elective office.

(g) An appointing authority may remove a commissioner only for cause.

(h) The Legislative Ethics Commission shall appoint an Executive Director subject to the approval of at least 3 of the 4 legislative leaders. The compensation of the Executive Director shall be as determined by the Commission. The Executive Director of the Legislative Ethics Commission may employ, subject to the approval of at least 3 of the 4 legislative leaders, and determine the compensation of staff, as appropriations permit.

(Source: P.A. 96-555, eff. 8-18-09.)

(5 ILCS 430/25-10)

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

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

(b) The Legislative Inspector General shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability. The Legislative Ethics Commission shall diligently search out qualified candidates for Legislative Inspector General and shall make recommendations to the General Assembly using the following process: .

(1) No later than February 1 of the year that the Legislative Inspector General's term ends or within 30 days of the occurrence of a vacancy in the Office of the Legislative Inspector General, the Legislative Ethics Commission shall create a search committee comprised of 2 members. One member of the search committee shall be selected by the 6 Commissioners appointed by the Democratic leaders and one member of the search committee shall be selected by the 6 Commissioners appointed by the Republican Leaders. A member of the search committee shall be either a retired judge or a former prosecutor and may not be a member or employee of the General Assembly or a registered lobbyist.

(2) The search committee shall conduct a search for qualified candidates to serve as the Inspector General, shall accept applications, and shall conduct interviews.

(3) No later than April 15 of the year that the Legislative Inspector General's term ends or within 45 days of the creation of a search committee in the case of a vacancy in the Office of the Legislative Inspector General, the search committee shall forward the name of a recommended candidate for Legislative Inspector General to the Legislative Ethics Commission. The Legislative Ethics Commission shall submit the candidate's name to the General Assembly requesting appointment of the recommended candidate.

The Legislative Inspector General shall be appointed by a joint resolution of the Senate and the House of Representatives, which may specify the date on which the appointment takes effect. A joint resolution, or other document as may be specified by the Joint Rules of the General Assembly, appointing the Legislative Inspector General must be certified by the Speaker of the House of Representatives and the President of the Senate as having been adopted by the affirmative vote of three-fifths of the members elected to each house, respectively, and be filed with the Secretary of State. The appointment of the Legislative Inspector General takes effect on the day the appointment is completed by the General Assembly, unless the appointment specifies a later date on which it is to become effective.

The Legislative Inspector General shall have the following qualifications:

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

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

(3) has 5 or more years of cumulative service (A) with a federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) as a federal, State, or local prosecutor; (C) as a senior manager or executive of a federal, State, or local agency; (D) as a member, an officer, or a State or federal judge; or (E) representing any combination of (A) through (D).

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

The term of the initial Legislative Inspector General shall commence upon qualification and shall run through June 30, 2008.

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

A vacancy occurring other than at the end of a term shall be filled in the same manner as an appointment only for the balance of the term of the Legislative Inspector General whose office is vacant. Within 10 days of a vacancy or of the resignation of a Legislative Inspector General If the Office is vacant, or if a Legislative Inspector General resigns, the Commission shall designate an Acting Legislative Inspector General who shall serve until the vacancy is filled. The Commission shall file the designation in writing with the Secretary of State. If the Office is vacant for 6 months or more, all complaints for which the Legislative Inspector General would be responsible shall be directed to the Executive Inspector General for the Attorney General, and he or she shall have the authority to act as provided in subsection (c) of this Section and Section 25-20 of this Act. If the Office is vacant, either the staff of the Office of the Inspector General or if there is no staff of the Office of the Inspector General, the Executive Director of the Legislative Ethics Commission shall, at each meeting of the Legislative Ethics Commission, report to the Commission, how many investigations are open and not yet completed and how many complaints or allegations have been submitted during the time of the vacancy.

Terms shall run regardless of whether the position is filled.

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

The jurisdiction of each Legislative Inspector General is to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act or violations of other related laws and rules.

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

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

(1) become a candidate for any elective office;

(2) hold any other elected or appointed public office except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;

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

(4) actively participate in any campaign for any elective office.

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

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

(1) become a candidate for any elective office;

(2) hold any elected public office; or

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

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

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

(Source: P.A. 98-631, eff. 5-29-14.)

Section 99. Effective date. This Act takes effect upon becoming law.