Full Text of SR0953 101st General Assembly
SR0953 101ST GENERAL ASSEMBLY |
| | SR0953 | | LRB101 18055 JWD 67493 r |
|
| 1 | | SENATE RESOLUTION
| 2 | | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL | 3 | | ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate | 4 | | of the 101st General Assembly are amended by adding Senate | 5 | | Rules 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 | 9 | | with the President and the Minority Leader a petition, signed | 10 | | by 3 or more members of the Senate, for a special investigating | 11 | | committee. The petition shall contain the alleged charge or | 12 | | charges that, if true, may subject the member named in the | 13 | | petition to disciplinary action by the Senate and may include | 14 | | any other factual information that supports the charge or | 15 | | charges. | 16 | | (b) Upon filing the petition, a special investigating | 17 | | committee consisting of 6 members shall be created. The | 18 | | President shall appoint 3 members from the majority caucus and | 19 | | the Minority Leader shall appoint 3 members from the minority | 20 | | caucus. The President shall appoint the Chairperson from among | 21 | | the 6 members. Members signing the petition may not be | 22 | | appointed to the special investigating committee. The contents | 23 | | of a petition for a special investigating committee shall be |
| | | SR0953 | - 2 - | LRB101 18055 JWD 67493 r |
|
| 1 | | confidential until the appointment of all members except as to | 2 | | the member named, the members signing it, the President, the | 3 | | Minority Leader, and the members of a special investigating | 4 | | committee. | 5 | | (c) The Chairperson shall give reasonable notice of all | 6 | | meetings to the member named in the petition and to the public. | 7 | | All meetings of the special investigating committee shall be | 8 | | open to the public, unless, pursuant to Article IV, Section | 9 | | 5(c) of the Illinois Constitution, the Senate votes by the | 10 | | affirmative vote of two-thirds of the members to hold | 11 | | proceedings in executive session. The Secretary shall keep an | 12 | | audio recording and transcript of all meetings. | 13 | | (d) The member named in the petition has the right to | 14 | | counsel during all meetings of the special investigating | 15 | | committee. | 16 | | (e) The Chairperson may establish procedural rules | 17 | | (subject to the approval of the President). The Committee may, | 18 | | in the discretion of the Chairperson, administer oaths and | 19 | | compel by subpoena (subject to Rule 2-5(c)(9)) any person to | 20 | | appear and give testimony as a witness or produce papers, | 21 | | documents, or other materials relevant to the charge or | 22 | | charges.
|
| | | SR0953 | - 3 - | LRB101 18055 JWD 67493 r |
|
| 1 | | (Senate Rule 11-4 new)
| 2 | | 11-4. Investigation.
| 3 | | (a) At the initial meeting of the special investigating | 4 | | committee, the Chairperson shall enter the petition into the | 5 | | record. | 6 | | (b) The special investigating committee shall conduct a | 7 | | thorough investigation of all charges alleged in the petition. | 8 | | The special investigating committee shall meet as often as | 9 | | necessary and consider any information or testimony it deems | 10 | | relevant to the charges alleged in the petition, regardless of | 11 | | whether such information was contained in the petition or is | 12 | | discovered through subsequent investigation. | 13 | | (c) The special investigating committee shall give the | 14 | | member named in the petition an opportunity to be present at | 15 | | all meetings and to testify or otherwise present any relevant | 16 | | information. | 17 | | (d) The special investigating committee shall determine if | 18 | | reasonable grounds exist to authorize charges against the | 19 | | member named in the petition that may result in disciplinary | 20 | | action by the Senate. The special investigating committee shall | 21 | | vote on each charge alleged in the petition by record vote. A | 22 | | motion to authorize a charge requires the affirmative vote of a | 23 | | majority of those appointed.
|
| | | SR0953 | - 4 - | LRB101 18055 JWD 67493 r |
|
| 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 | 4 | | Secretary a written report that includes, at a minimum, a | 5 | | summary of each charge alleged in the petition, the vote on | 6 | | each charge alleged in the petition, and the reasons the | 7 | | committee did or did not authorize each charge against the | 8 | | member. Any member of the special investigating committee may | 9 | | include a supplemental statement in the report, either | 10 | | concurring with or dissenting from all or part of the report, | 11 | | or explaining a reason for his or her vote on a charge. The | 12 | | report shall be signed by all of the members of the special | 13 | | investigating committee, regardless of their original vote in | 14 | | the committee proceedings on whether to authorize charges. | 15 | | (b) If a majority of those appointed determines that | 16 | | reasonable grounds exist to authorize a charge or charges, then | 17 | | for each authorized charge the report shall include a statement | 18 | | of the authorized charge and any factual information supporting | 19 | | that charge. Within the report, the special investigating | 20 | | committee shall appoint 2 members of the Senate, one from the | 21 | | majority caucus and one from the minority caucus, who are not | 22 | | members of the special investigating committee and did not sign | 23 | | the petition, to be managers for the Senate at the hearing on | 24 | | the authorized charge or charges.
|
| | | SR0953 | - 5 - | LRB101 18055 JWD 67493 r |
|
| 1 | | (Senate Rule 11-6 new)
| 2 | | 11-6. Select Committee on Discipline.
| 3 | | (a) If a special investigating committee authorizes | 4 | | charges against any member of the Senate, the President and the | 5 | | Minority Leader shall appoint a select committee on discipline | 6 | | to hear and determine those charges. The select committee shall | 7 | | consist of 12 members of the Senate, 6 of whom shall be | 8 | | appointed by the President from the majority caucus and 6 of | 9 | | whom shall be appointed by the Minority Leader from the | 10 | | minority caucus. The President shall appoint a Chairperson from | 11 | | among the 12 members. No member who signed the petition or | 12 | | served on the special investigating committee may be appointed | 13 | | to the select committee. | 14 | | (b) All appointments to a select committee shall be | 15 | | completed and the select committee shall convene within 30 days | 16 | | after the filing of a report issued by the special | 17 | | investigating committee. | 18 | | (c) The Chairperson shall give reasonable notice of all | 19 | | meetings to the member named in the petition and to the public. | 20 | | All meetings of the select committee shall be open to the | 21 | | public, unless, pursuant to Article IV, Section 5(c) of the | 22 | | Illinois Constitution, the Senate votes by the affirmative vote | 23 | | of two-thirds of the members to hold proceedings in executive |
| | | SR0953 | - 6 - | LRB101 18055 JWD 67493 r |
|
| 1 | | session. The Secretary shall keep an audio recording and | 2 | | transcript of all meetings. | 3 | | (d) The Chairperson may establish procedural rules | 4 | | (subject to the approval of the President). The select | 5 | | committee may, at the discretion of the Chairperson, administer | 6 | | oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any | 7 | | person to appear and give testimony as a witness or produce | 8 | | papers, documents, or other materials relevant to the charge or | 9 | | charges.
| 10 | | (Senate Rule 11-7 new)
| 11 | | 11-7. Hearings on Disciplinary Charges.
| 12 | | (a) Proceedings before the select committee shall be | 13 | | adversarial in form, with the managers for the Senate | 14 | | presenting the case for disciplinary action. The member subject | 15 | | to charges has the right to counsel during all hearings of the | 16 | | select committee. | 17 | | (b) Stipulations of fact shall be encouraged by the select | 18 | | committee.
| 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 | 22 | | record vote. For each charge the select committee shall vote on |
| | | SR0953 | - 7 - | LRB101 18055 JWD 67493 r |
|
| 1 | | the question, "Is the Member at fault on this charge?" If a | 2 | | majority of those appointed vote in the affirmative, the member | 3 | | shall be found at fault on that charge. If less than a majority | 4 | | of those appointed vote in the affirmative, it shall be | 5 | | reported that there is insufficient evidence to find the member | 6 | | at fault on that charge. | 7 | | (b) If the select committee finds the member at fault on | 8 | | any charge, the committee shall adopt a recommendation for | 9 | | disciplinary action. The committee may recommend a reprimand, a | 10 | | censure, expulsion from the Senate, or that no penalty be | 11 | | invoked. The recommendation on disciplinary action requires an | 12 | | affirmative vote of the majority of those appointed. If a | 13 | | majority of those appointed cannot, by record vote, agree on a | 14 | | penalty, it shall report a recommendation that no penalty be | 15 | | invoked. | 16 | | (c) The select committee shall file a report of its | 17 | | findings on each charge. The report shall include, at a | 18 | | minimum, the vote of the committee on each charge, the reasons | 19 | | for each conclusion, and any recommendation as to a penalty for | 20 | | a finding of fault on a charge. Any member of the select | 21 | | committee may include a supplemental statement in the report, | 22 | | either concurring with or dissenting from all or part of the | 23 | | report, or explaining a reason for his or her vote on a charge. |
| | | SR0953 | - 8 - | LRB101 18055 JWD 67493 r |
|
| 1 | | (d) If the select committee finds the member at fault on | 2 | | any charge, the select committee shall file a resolution that | 3 | | includes its findings, the charge, and the recommended penalty | 4 | | for that charge. Separate resolutions must be filed for each | 5 | | charge.
| 6 | | (Senate Rule 11-9 new)
| 7 | | 11-9. Senate Action on the Report of the Select Committee | 8 | | on Discipline.
| 9 | | (a) The report of a select committee and any accompanying | 10 | | resolution shall be filed with the Secretary and reproduced and
| 11 | | distributed as provided in Rule 5-4. The report and any | 12 | | accompanying resolutions shall be placed on the calendar under | 13 | | the heading "Report and Resolutions of Select Committee on | 14 | | Discipline". The report and resolutions shall be carried on the | 15 | | Daily Calendar for 2 legislative days before any action by the | 16 | | Senate. | 17 | | (b) The Senate shall take action by a record vote on each | 18 | | resolution. The Senate may amend a resolution for disciplinary | 19 | | action to decrease the recommended penalty by a record vote of | 20 | | a majority of the members elected. | 21 | | (c) A resolution finding a member at fault regarding a | 22 | | charge may be adopted only by the affirmative vote of | 23 | | three-fifths of the members elected, except that a resolution |
| | | SR0953 | - 9 - | LRB101 18055 JWD 67493 r |
|
| 1 | | the effect of which is to expel a member may be adopted only by | 2 | | the affirmative vote of two-thirds of the members elected.
|
|