Public Act 098-0631
 
SB0221 EnrolledLRB098 05400 KTG 35434 b



    AN ACT concerning State 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 Section 25-10 as follows:
 
    (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.

    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. 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. 

    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. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.)
 

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