State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Senate Amendment 001 ][ Senate Amendment 002 ]
[ Senate Amendment 003 ]


HB0201 Engrossed                              LRB9201055MWdvB

 1        AN ACT concerning the Office of Secretary of State.

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

 4        Section  5.  The  Secretary  of  State  Act is amended by
 5    adding Section 14 as follows:

 6        (15 ILCS 305/14 new)
 7        Sec. 14. Inspector General.
 8        (a)  The Secretary of State must,  with  the  advice  and
 9    consent  of  the Senate, appoint an Inspector General for the
10    purpose of detection, deterrence, and  prevention  of  fraud,
11    waste,  mismanagement,  misconduct,  and  other abuses in the
12    Office of the Secretary of State.  The Inspector General must
13    review, coordinate, and institute methods and  procedures  to
14    increase  the  integrity, productivity, and efficiency of the
15    Office of Secretary of State.  The duties  of  the  Inspector
16    General  shall  supplement and not supplant the duties of the
17    Chief Auditor for the  Secretary  of  State's   Office.   The
18    Inspector  General  must  report directly to the Secretary of
19    State.
20        (b)  The Secretary of State may designate  the  Inspector
21    General  and  members  of  the  Inspector General's office as
22    peace officers.  These inspectors shall have all  the  powers
23    possessed   by  police  officers  in  municipalities  and  by
24    sheriffs of counties, and the inspectors may  exercise  those
25    powers   anywhere  in  the  State  in  the  investigation  of
26    allegations of criminal behavior affecting the operations  of
27    the Office of Secretary of State.
28        No  inspector  may  have peace officer status or exercise
29    police powers unless he or  she  successfully  completes  the
30    basic  police  training mandated and approved by the Illinois
31    Law Enforcement Training Standards Board or the  Board waives
HB0201 Engrossed            -2-               LRB9201055MWdvB
 1    the training requirement by reason of the  inspector's  prior
 2    law enforcement experience or training, or both.
 3        The  Board  may not waive the training requirement unless
 4    the inspector has had a minimum of 5 years  experience  as  a
 5    sworn  officer  of a local, state, or federal law enforcement
 6    agency, 2  of  which  must  have  been  in  an  investigatory
 7    capacity.
 8        (c)  In  addition  to the authority otherwise provided by
 9    this Section, the Inspector General, is authorized:
10             (1)  To have access to all records, reports, audits,
11        reviews, documents,  papers,  recommendations,  or  other
12        material   available   that   relates   to  programs  and
13        operations with respect to which  the  Inspector  General
14        has responsibilities under this Section.
15             (2)  To make any investigations and reports relating
16        to  the  administration of the programs and operations of
17        the Office of the Secretary of State  that  are,  in  the
18        judgment   of   the   Inspector   General,  necessary  or
19        desirable.
20             (3)  To request any information or  assistance  that
21        may   be  necessary  for  carrying  out  the  duties  and
22        responsibilities provided by this Section from any local,
23        state, or federal governmental agency or unit thereof.
24             (4)  To require by subpoena appearance of  witnesses
25        and   the   production  of  all  information,  documents,
26        reports, answers, records, accounts,  papers,  and  other
27        data   and   documentary   evidence   necessary   in  the
28        performance of the functions assigned  by  this  Section.
29        Any  person who knowingly (A) fails to appear in response
30        to a subpoena; (B) fails  to  answer  any  question;  (C)
31        fails  to  produce  any  books  or papers pertinent to an
32        investigation under this  Section;  or  (D)  gives  false
33        testimony  during  an investigation under this Section is
34        guilty of a Class A misdemeanor.
HB0201 Engrossed            -3-               LRB9201055MWdvB
 1             (5)  To  have  direct  and  prompt  access  to   the
 2        Secretary  of  State  for  any  purpose pertaining to the
 3        performance of functions and responsibilities under  this
 4        Section.
 5        (d)  The  Inspector  General  may receive and investigate
 6    complaints or information from an employee of  the  Secretary
 7    of  State  concerning  the  possible existence of an activity
 8    constituting a  violation  of  law,  rules,  or  regulations;
 9    mismanagement;   abuse   of  authority;  or  substantial  and
10    specific  danger  to  the  public  health  and  safety.   Any
11    employee who knowingly files a  frivolous  complaint  may  be
12    subject  to  discipline  as  set  forth  in  the rules of the
13    Department of Personnel of the Secretary of State.
14        The  Inspector  General  may  not,  after  receipt  of  a
15    complaint or  information  from  an  employee,  disclose  the
16    identity of the employee without the consent of the employee,
17    unless  the Inspector General determines the disclosure is in
18    the best interests of or reasonably necessary to  further  or
19    advance the investigation.
20        Any employee who has the authority to take, direct others
21    to  take, recommend, or approve any personnel action may not,
22    with respect to that authority, take or threaten to take  any
23    action  against  any  employee  as  a  reprisal  for making a
24    complaint or disclosing information to an Inspector  General,
25    unless  the  complaint  was made or the information disclosed
26    with  the  knowledge  that  it  was  false  or  with  willful
27    disregard for its truth or falsity.
28        (e)  The Inspector General must adopt rules  establishing
29    minimum   requirements   for   initiating,   conducting,  and
30    completing investigations.  The rules must establish criteria
31    for determining, based upon the nature of the allegation, the
32    appropriate method of investigation, which may  include,  but
33    is  not limited to, site visits, telephone contacts, personal
34    interviews, or requests for  written  responses.   The  rules
HB0201 Engrossed            -4-               LRB9201055MWdvB
 1    must  also  clarify  how  the Office of the Inspector General
 2    shall interact with  other  local,  State,  and  federal  law
 3    enforcement agencies in investigations.

[ Top ]