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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1731
Introduced 2/9/2007, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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740 ILCS 175/2 |
from Ch. 127, par. 4102 |
740 ILCS 175/9 new |
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Amends the Whistleblower Reward and Protection Act. Provides that the electors of any school district, public community college district, municipality, municipal corporation, or unit of local government may pass, by initiative petition and referendum, a binding ordinance adopting the provisions of the Act (at present, these entities may adopt the provisions of the Act by ordinance or resolution). Provides the requirements for filing a petition and hearing an objection to a petition.
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A BILL FOR
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SB1731 |
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LRB095 04394 AJO 24439 b |
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| AN ACT concerning law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Whistleblower Reward and Protection Act is |
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| amended by changing Section 2 and by adding Section 9 as |
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| follows:
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| (740 ILCS 175/2) (from Ch. 127, par. 4102)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "State" means the State of Illinois; any agency of |
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| State
government; and any of the following entities which may |
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| elect to adopt the
provisions of this Act by ordinance ,
or
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| resolution, or referendum pursuant to Section 9 of this Act, a |
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| copy of which shall be
filed with the Attorney General within |
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| 30 days of its adoption: the system of
State colleges and |
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| universities, any school district, any public community
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| college district, any municipality, municipal corporations, |
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| units of local
government, and any combination of the above |
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| under an intergovernmental
agreement that includes provisions |
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| for a governing body of the agency created
by the agreement.
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| (b) "Guard" means the Illinois National Guard.
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| (c) "Investigation" means any inquiry conducted by any |
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| investigator for
the purpose of ascertaining whether any person |
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| is or has been engaged in
any violation of this Act.
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LRB095 04394 AJO 24439 b |
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| (d) "Investigator" means a person who is charged by the |
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| Department of
State Police with the duty of conducting any |
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| investigation under this Act, or
any officer or employee of the |
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| State acting under the direction and
supervision of the |
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| Department of State Police, through the Division of
Operations |
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| or the Division of Internal
Investigation, in the course of
an |
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| investigation.
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| (e) "Documentary material" includes the original or any |
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| copy of any
book, record, report, memorandum, paper, |
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| communication, tabulation,
chart, or other document, or data |
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| compilations stored in or accessible
through computer or other |
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| information retrieval systems, together with
instructions and |
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| all other materials necessary to use or interpret such
data |
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| compilations, and any product of discovery.
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| (f) "Custodian" means the custodian, or any deputy |
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| custodian, designated
by the Attorney General under subsection |
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| (i)(1) of Section 6.
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| (g) "Product of discovery" includes:
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| (1) the original or duplicate of any deposition, |
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| interrogatory,
document, thing, result of the inspection |
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| of land or other property,
examination, or admission, which |
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| is obtained by any method of discovery in
any judicial or |
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| administrative proceeding of an adversarial nature;
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| (2) any digest, analysis, selection, compilation, or |
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| derivation of any
item listed in paragraph (1); and
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| (3) any index or other manner of access to any item |
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LRB095 04394 AJO 24439 b |
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| listed in
paragraph (1).
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| (Source: P.A. 91-760, eff. 1-1-01.)
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| (740 ILCS 175/9 new)
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| Sec. 9. Referendum powers; initiative. |
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| (a) The electors of any school district, public community |
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| college district, municipality, municipal corporation, or unit |
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| of local government may pass, by initiative petition and |
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| referendum in the manner prescribed by this Section, a binding |
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| ordinance authorizing the adoption of the provisions of this |
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| Act. |
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| (b) In any of the units of government listed in subsection |
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| (a) of this Section, a
binding ordinance adopting the |
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| provisions of this Act may be proposed by a petition signed by |
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| the number of electors equal to at least 2% of
the total votes |
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| cast for Governor at the last general election in their
unit of |
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| government. The petition shall contain the text of the proposed |
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| ordinance and the date of the regular election at which the |
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| proposed ordinance is to be submitted, shall have been signed |
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| by petitioning electors not more than 12 months preceding the |
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| regular election, and shall be filed with the clerk or |
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| secretary of the unit of government at least 78 days before |
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| that regular election. |
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| (c) Except as otherwise provided in this Act, petitions |
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| filed under this Section shall be governed by Article 28 of the |
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| Election Code. |
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LRB095 04394 AJO 24439 b |
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| (d) If no objection to a petition filed under subsection |
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| (b) of this Section is filed within 5 business days after the |
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| petition is filed, or if an objection is filed and the proper |
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| election authority rules the petition sufficient, then the |
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| clerk or secretary of the unit of government shall submit the |
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| petition to the proper election authority and the election |
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| authority shall order the proposed ordinance submitted to the |
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| electors of the unit of government at the election specified in |
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| the petition. |
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| (e) The proposition shall be in substantially the following
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| form: |
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| "Shall ............ adopt the provisions of the Illinois
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| Whistleblower Reward and Protection Act?" |
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| (f) If a majority of the electors of the unit of government |
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| voting on the proposition vote in favor thereof, the |
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| proposition shall be deemed adopted.
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