Illinois 96th Regular Session Status: Enacted

SB 3965 — MASS TRANSIT-INSPECTOR GENERAL

Last action — Public Act . . . . . . . . . 96-1528

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 04, 2010. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Metropolitan Transit Authority Act. Provides for the appointment of a Chicago Transit Authority Inspector General for a 4-year term for the purpose of detection and prevention of fraud and mismanagement in the Chicago Transit Authority. Provides that the jurisdiction of the Chicago Transit Authority Inspector General does not include the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, duties, and reporting requirements of the Chicago Transit Authority Inspector General. Amends the Regional Transportation Authority Act. Provides for the appointment of a Regional Transportation Authority Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Regional Transportation Authority, the Commuter Rail Division, the Suburban Bus Division, and the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, jurisdiction, duties, and reporting requirements of the Regional Transportation Authority Inspector General. Requires that the Board of Directors of the Regional Transportation Authority appoint an ethics officer. Amends the Whistleblower Act. Provides that "employer" includes the Office of the Regional Transportation Authority Inspector General. Effective immediately.

Bill Text

What changed in the latest version

830 added · 938 removed

Plain-language change summary

The updated version of Bill SB 3965 includes amendments to the State Officials and Employees Ethics Act, clarifying definitions related to appointees and campaign activities. Notably, it specifies that activities supporting political campaigns do not include actions tied to official state duties or collective bargaining. These changes aim to provide clearer guidance on ethical conduct for state officials, which is important for transparency and accountability in government operations.

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SB3965 Engrossed LRB096 24159 RLJ 43594 b AN ACT concerning local government.
SB3965 Enrolled LRB096 24159 RLJ 43594 b AN ACT concerning local government.
The State Officials and Employees Ethics Act is amended by changing Sections 1-5, 20-5, 20-10, 20-20, 20-21, 20-23, 20-50, 20-55, 20-70, and 70-5 as follows:
The State Officials and Employees Ethics Act is amended by changing Sections 1-5, 20-5, 20-10, 20-23, 20-90, and 20-95 and by adding the heading of Article 75 and Sections 75-5 and 75-10 as follows:
"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties.
"Board members of Regional Transit Boards" means any person appointed to serve on the governing board of a Regional Transit Board.
"Candidate" means a person who has filed nominating papers SB3965 Engrossed - 2 - LRB096 24159 RLJ 43594 b or petitions for nomination or election to an elected State office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election.
"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those SB3965 Enrolled - 2 - LRB096 24159 RLJ 43594 b terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties.
"Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected State office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election.
"Employee" means (i) any person employed full-time, part-time, or pursuant to a contract and whose employment duties are subject to the direction and control of an employer with regard to the material details of how the work is to be SB3965 Engrossed - 3 - LRB096 24159 RLJ 43594 b performed or (ii) any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including any retirement system or investment board subject to the Illinois Pension Code or (iii) any other appointee.
SB3965 Enrolled - 3 - LRB096 24159 RLJ 43594 b "Employee" means (i) any person employed full-time, part-time, or pursuant to a contract and whose employment duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed or (ii) any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including any retirement system or investment board subject to the Illinois Pension Code or (iii) any other appointee.
"Governmental entity" means a unit of local government (including a community college district) or a school district but not a State agency.
SB3965 Enrolled - 4 - LRB096 24159 RLJ 43594 b "Governmental entity" means a unit of local government (including a community college district) or a school district but not a State agency or a Regional Transit Board.
"Leave of absence" means any period during which a State SB3965 Engrossed - 4 - LRB096 24159 RLJ 43594 b employee does not receive (i) compensation for State employment, (ii) service credit towards State pension benefits, and (iii) health insurance benefits paid for by the State.
"Leave of absence" means any period during which a State employee does not receive (i) compensation for State employment, (ii) service credit towards State pension benefits, and (iii) health insurance benefits paid for by the State.
"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code, but only with SB3965 Engrossed - 5 - LRB096 24159 RLJ 43594 b regard to those activities that require filing with the State Board of Elections or a county clerk.
"Political organization" means a party, committee, SB3965 Enrolled - 5 - LRB096 24159 RLJ 43594 b association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code, but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political SB3965 Enrolled - 6 - LRB096 24159 RLJ 43594 b purposes or for or against any referendum question.
SB3965 Engrossed - 6 - LRB096 24159 RLJ 43594 b (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
(13) Managing or working on a campaign for elective office or for or against any referendum question.
(13) Managing or working on a campaign for elective SB3965 Enrolled - 7 - LRB096 24159 RLJ 43594 b office or for or against any referendum question.
(15) Participating in any recount or challenge to the SB3965 Engrossed - 7 - LRB096 24159 RLJ 43594 b outcome of any election, except to the extent that under subsection (d) of Section 6 of Article IV of the Illinois Constitution each house of the General Assembly shall judge the elections, returns, and qualifications of its members.
(15) Participating in any recount or challenge to the outcome of any election, except to the extent that under subsection (d) of Section 6 of Article IV of the Illinois Constitution each house of the General Assembly shall judge the elections, returns, and qualifications of its members.
(5) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its board of directors;
(5) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, SB3965 Enrolled - 8 - LRB096 24159 RLJ 43594 b except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its board of directors;
or SB3965 Engrossed - 8 - LRB096 24159 RLJ 43594 b (6) is an agent of, a spouse of, or an immediate family member who is living with a "prohibited source".
or (6) is an agent of, a spouse of, or an immediate family member who is living with a "prohibited source".
"Service Boards" means the Board of the Commuter Rail Division of the Regional Transportation Authority, the Board of the Suburban Bus Division of the Regional Transportation Authority, and the Board of the Chicago Transit Authority established under the Metropolitan Transit Authority Act.
"Regional Transit Boards" means (i) the Regional Transportation Authority created by the Regional Transportation Authority Act, (ii) the Suburban Bus Division created by the Regional Transportation Authority Act, (iii) the Commuter Rail Division created by the Regional Transportation Authority Act, and (iv) the Chicago Transit Authority created by the Metropolitan Transit Authority Act.
and all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.
and all administrative units and corporate outgrowths of the above and as may be created by SB3965 Enrolled - 9 - LRB096 24159 RLJ 43594 b executive order of the Governor.
"State agency" includes the Office of the Auditor SB3965 Engrossed - 9 - LRB096 24159 RLJ 43594 b General.
"State agency" includes the Office of the Auditor General.
"State agency" includes all board members, officers, and employees of the Regional Transportation Authority and each of the Service Boards.
(6) For State employees of public institutions of higher learning as defined in Section 2 of the Higher Education Cooperation Act (except community colleges), the SB3965 Engrossed - 10 - LRB096 24159 RLJ 43594 b board of trustees of the appropriate public institution of higher learning.
SB3965 Enrolled - 10 - LRB096 24159 RLJ 43594 b (6) For State employees of public institutions of higher learning as defined in Section 2 of the Higher Education Cooperation Act (except community colleges), the board of trustees of the appropriate public institution of higher learning.
(9) For employees of Regional Transit Boards, the appropriate Regional Transit Board.
(10) For board members of Regional Transit Boards, the Governor.
Appointments shall be made by and with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote.
Appointments SB3965 Enrolled - 11 - LRB096 24159 RLJ 43594 b shall be made by and with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote.
If, during a recess of the Senate, there is a vacancy in an office of commissioner, the appointing authority shall make a temporary SB3965 Engrossed - 11 - LRB096 24159 RLJ 43594 b appointment until the next meeting of the Senate when the appointing authority shall make a nomination to fill that office.
If, during a recess of the Senate, there is a vacancy in an office of commissioner, the appointing authority shall make a temporary appointment until the next meeting of the Senate when the appointing authority shall make a nomination to fill that office.
Commissioners may be reappointed to one or more subsequent terms.
SB3965 Enrolled - 12 - LRB096 24159 RLJ 43594 b Commissioners may be reappointed to one or more subsequent terms.
SB3965 Engrossed - 12 - LRB096 24159 RLJ 43594 b (c) The appointing authorities shall appoint commissioners who have experience holding governmental office or employment and shall appoint commissioners from the general public.
(c) The appointing authorities shall appoint commissioners who have experience holding governmental office or employment and shall appoint commissioners from the general public.
The jurisdiction of the Commission is limited to matters arising under this Act.
The Executive Ethics Commission shall have jurisdiction over all board members and employees of Regional SB3965 Enrolled - 13 - LRB096 24159 RLJ 43594 b Transit Boards.
The jurisdiction of the Commission is limited to matters arising under this Act, except as provided in subsection (d-5).
SB3965 Engrossed - 13 - LRB096 24159 RLJ 43594 b The Executive Ethics Commission shall have jurisdiction over any matters arising under the Illinois Procurement Code if the Commission is given explicit authority in that Code.
The Executive Ethics Commission shall have jurisdiction over any matters arising under the Illinois Procurement Code if the Commission is given explicit authority in that Code.
(d-10) The Executive Ethics Commission shall have jurisdiction over all board members, officers, and employees of the Regional Transportation Authority and each of the Service Boards.
Commissioners shall receive compensation in an amount equal to the compensation of members of the State Board of Elections and may be reimbursed for their reasonable expenses actually incurred in the performance of their duties.
Commissioners shall receive compensation in an amount equal to the compensation of members of the State Board of Elections and SB3965 Enrolled - 14 - LRB096 24159 RLJ 43594 b may be reimbursed for their reasonable expenses actually incurred in the performance of their duties.
SB3965 Engrossed - 14 - LRB096 24159 RLJ 43594 b (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;
(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;
(i) The Executive Ethics Commission shall appoint, by a majority of the members appointed to the Commission, chief procurement officers and procurement compliance monitors in accordance with the provisions of the Illinois Procurement Code.
(i) The Executive Ethics Commission shall appoint, by a majority of the members appointed to the Commission, chief procurement officers and procurement compliance monitors in accordance with the provisions of the Illinois Procurement SB3965 Enrolled - 15 - LRB096 24159 RLJ 43594 b Code.
8-18-09.) (5 ILCS 430/20-10) SB3965 Engrossed - 15 - LRB096 24159 RLJ 43594 b Sec.
8-18-09.) (5 ILCS 430/20-10) Sec.
If, during a recess of the Senate, there is a vacancy in an office of Executive Inspector General, the appointing authority shall make a temporary appointment until the next meeting of the Senate when the appointing authority shall make a nomination to fill that office.
If, during a recess of the Senate, there is a vacancy in an office of Executive Inspector General, the appointing authority shall make a temporary appointment until the next meeting of the Senate when the appointing authority shall make a nomination to SB3965 Enrolled - 16 - LRB096 24159 RLJ 43594 b fill that office.
Nothing in this Article precludes the appointment by the SB3965 Engrossed - 16 - LRB096 24159 RLJ 43594 b Governor, Attorney General, Secretary of State, Comptroller, or Treasurer of any other inspector general required or permitted by law.
Nothing in this Article precludes the appointment by the Governor, Attorney General, Secretary of State, Comptroller, or Treasurer of any other inspector general required or permitted by law.
(C) as a senior manager or executive of a federal, State, or local agency;
(C) SB3965 Enrolled - 17 - LRB096 24159 RLJ 43594 b as a senior manager or executive of a federal, State, or local agency;
The term of each initial Executive Inspector General shall commence upon qualification and shall run through June 30, SB3965 Engrossed - 17 - LRB096 24159 RLJ 43594 b 2008.
The term of each initial Executive Inspector General shall commence upon qualification and shall run through June 30, 2008.
The Executive Inspector General appointed by the Secretary of State shall have jurisdiction over the Secretary of State and all officers and employees of, and vendors and others doing business with, State agencies within the jurisdiction of the Secretary of State.
The Executive Inspector General appointed by the Secretary of State shall have jurisdiction over the Secretary of State and all officers and SB3965 Enrolled - 18 - LRB096 24159 RLJ 43594 b employees of, and vendors and others doing business with, State agencies within the jurisdiction of the Secretary of State.
The SB3965 Engrossed - 18 - LRB096 24159 RLJ 43594 b Executive Inspector General appointed by the Treasurer shall have jurisdiction over the Treasurer and all officers and employees of, and vendors and others doing business with, State agencies within the jurisdiction of the Treasurer.
The Executive Inspector General appointed by the Treasurer shall have jurisdiction over the Treasurer and all officers and employees of, and vendors and others doing business with, State agencies within the jurisdiction of the Treasurer.
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The Executive Inspector General appointed by the Governor shall have jurisdiction over the Governor, the Lieutenant Governor, and all officers and employees of, and vendors and others doing business with, executive branch State agencies under the jurisdiction of the Executive Ethics Commission and not within the jurisdiction of the Attorney General, the Secretary of State, the Comptroller, or the Treasurer.
The Executive Inspector General appointed by the Governor shall have jurisdiction over (i) the Governor, (ii) the Lieutenant Governor, (iii) and all officers and employees of, and vendors and others doing business with, executive branch State agencies under the jurisdiction of the Executive Ethics Commission and not within the jurisdiction of the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, and (iv) all board members and employees of the Regional Transit Boards and all vendors and others doing business with the Regional Transit Boards.
The Executive Inspector General for the Office of the Governor shall also have jurisdiction over the board members, officers, and employees of the Regional Transportation Authority and each of the Service Boards.
(d) The compensation for each Executive Inspector General shall be determined by the Executive Ethics Commission and shall be made from appropriations made to the Comptroller for this purpose.
(d) The compensation for each Executive Inspector General SB3965 Enrolled - 19 - LRB096 24159 RLJ 43594 b shall be determined by the Executive Ethics Commission and shall be made from appropriations made to the Comptroller for this purpose.
Subject to Section 20-45 of this Act, each Executive Inspector General has full authority to organize his or her Office of the Executive Inspector General, including the SB3965 Engrossed - 19 - LRB096 24159 RLJ 43594 b employment and determination of the compensation of staff, such as deputies, assistants, and other employees, as appropriations permit.
Subject to Section 20-45 of this Act, each Executive Inspector General has full authority to organize his or her Office of the Executive Inspector General, including the employment and determination of the compensation of staff, such as deputies, assistants, and other employees, as appropriations permit.
(e-1) No Executive Inspector General or employee of the Office of the Executive Inspector General may, for one year after the termination of his or her appointment or employment:
SB3965 Enrolled - 20 - LRB096 24159 RLJ 43594 b (e-1) No Executive Inspector General or employee of the Office of the Executive Inspector General may, for one year after the termination of his or her appointment or employment:
or SB3965 Engrossed - 20 - LRB096 24159 RLJ 43594 b (3) hold any appointed State, county, or local judicial office.
or (3) hold any appointed State, county, or local judicial office.
8-18-09.) (5 ILCS 430/20-20) Sec.
20-20.
Duties of the Executive Inspectors General.
In addition to duties otherwise assigned by law, each Executive Inspector General shall have the following duties:
(1) To receive and investigate allegations of violations of this Act.
An investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred.
To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred.
The Executive Inspector General shall have the discretion to determine the appropriate SB3965 Engrossed - 21 - LRB096 24159 RLJ 43594 b means of investigation as permitted by law.
(1.5) To receive and investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of the Regional Transportation Authority Act or violations of other related laws or rules.
(2) To request information relating to an investigation from any person when the Executive Inspector General deems that information necessary in conducting an investigation.
(3) To issue subpoenas to compel the attendance of witnesses for the purposes of testimony and production of documents and other items for inspection and copying and to make service of those subpoenas and subpoenas issued under item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive Inspector General with the Executive Ethics Commission, through the Attorney General, as provided in this Article if the Attorney General finds that reasonable cause exists to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for State agencies under the jurisdiction of the Executive Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate, multi-jurisdictional investigations.
SB3965 Engrossed - 22 - LRB096 24159 RLJ 43594 b (8) To request, as the Executive Inspector General deems appropriate, from ethics officers of State agencies under his or her jurisdiction, reports or information on (i) the content of a State agency's ethics training program and (ii) the percentage of new officers and employees who have completed ethics training.
(9) To review hiring and employment files of each State agency within the Executive Inspector General's jurisdiction to ensure compliance with Rutan v.
Republican Party of Illinois, 497 U.S.
62 (1990), and with all applicable employment laws.
(10) To establish a policy that ensures the appropriate handling and correct recording of all investigations conducted by the Office, and to ensure that the policy is accessible via the Internet in order that those seeking to report those allegations are familiar with the process and that the subjects of those allegations are treated fairly.
(Source:
P.A.
96-555, eff.
8-18-09.) (5 ILCS 430/20-21) Sec.
20-21.
Special Executive Inspectors General.
(a) The Executive Ethics Commission, on its own initiative and by majority vote, may appoint special Executive Inspectors General (i) to investigate alleged violations of this Act or the Regional Transportation Authority Act and other related laws and rules if an investigation by the Inspector General was SB3965 Engrossed - 23 - LRB096 24159 RLJ 43594 b not concluded within 6 months after its initiation, where the Commission finds that the Inspector General's reasons under Section 20-65 for failing to complete the investigation are insufficient, (ii) to accept referrals from the Commission of allegations made pursuant to this Act concerning an Executive Inspector General or employee of an Office of an Executive Inspector General and to investigate those allegations, (iii) to investigate matters within the jurisdiction of an Executive Inspector General if an Executive Inspector General (including his or her employees) could be reasonably deemed to be a wrongdoer or suspect, or if in the determination of the Commission, an investigation presents real or apparent conflicts of interest for the Office of the Executive Inspector General, and (iv) to investigate alleged violations of this Act pursuant to Section 20-50 and Section 20-51.
(b) A special Executive Inspector General must have the same qualifications as an Executive Inspector General appointed under Section 20-10.
(c) The Commission's appointment of a special Executive Inspector General must be in writing and must specify the duration and purpose of the appointment.
(d) A special Executive Inspector General shall have the same powers and duties with respect to the purpose of his or her appointment as an Executive Inspector General appointed under Section 20-10.
(e) A special Executive Inspector General shall report the SB3965 Engrossed - 24 - LRB096 24159 RLJ 43594 b findings of his or her investigation to the Commission.
(f) The Commission may report the findings of a special Executive Inspector General and its recommendations, if any, to the appointing authority of the appropriate Executive Inspector General.
(Source:
P.A.
96-555, eff.
Each officer and the head of each State agency, including the Regional Transportation Authority and each of the Service Boards, under the jurisdiction of the Executive Ethics Commission shall designate an Ethics Officer for the office or State agency.
Each officer and the head of each State agency under the jurisdiction of the Executive Ethics Commission shall designate an Ethics Officer for the office or State agency.
The board of each Regional Transit Board shall designate an Ethics Officer.
(1) act as liaisons between the State agency, including the Regional Transportation Authority and each of the Service Boards, and the appropriate Executive Inspector General and between the State agency, including the Regional Transportation Authority and each of the Service Boards, and the Executive Ethics Commission;
(1) act as liaisons between the State agency or Regional Transit Board and the appropriate Executive Inspector General and between the State agency or Regional Transit Board and the Executive Ethics Commission;
(2) review statements of economic interest and disclosure forms of officers, senior employees, and contract monitors before they are filed with the Secretary of State;
SB3965 Enrolled - 21 - LRB096 24159 RLJ 43594 b (2) review statements of economic interest and disclosure forms of officers, senior employees, and contract monitors before they are filed with the Secretary of State;
and (3) provide guidance to officers and employees in the interpretation and implementation of this Act or the SB3965 Engrossed - 25 - LRB096 24159 RLJ 43594 b Regional Transportation Authority Act and related laws and rules, which the officer or employee may in good faith rely upon.
and (3) provide guidance to officers and employees in the interpretation and implementation of this Act, which the officer or employee may in good faith rely upon.
12-9-03.) (5 ILCS 430/20-50) Sec.
12-9-03.) (5 ILCS 430/20-90) Sec.
20-50.
20-90.
Investigation reports.
Confidentiality.
(a) If an Executive Inspector General, upon the conclusion of an investigation, determines that reasonable cause exists to believe that a violation has occurred, then the Executive Inspector General shall issue a summary report of the investigation.
(a) The identity of any individual providing information or reporting any possible or alleged misconduct to an Executive Inspector General or the Executive Ethics Commission shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of his or her name or disclosure of the individual's identity is otherwise required by law.
The report shall be delivered to the appropriate ultimate jurisdictional authority and to the head of each State agency, including the Regional Transportation Authority and the Service Boards, affected by or involved in the investigation, if appropriate.
The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.
The appropriate ultimate jurisdictional authority or agency head shall respond to the summary report within 20 days, in writing, to the Executive Inspector General.
(b) Subject to the provisions of Section 20-52, SB3965 Enrolled - 22 - LRB096 24159 RLJ 43594 b commissioners, employees, and agents of the Executive Ethics Commission, the Executive Inspectors General, and employees and agents of each Office of an Executive Inspector General, the Attorney General, and the employees and agents of the office of the Attorney General shall keep confidential and shall not disclose information exempted from disclosure under the Freedom of Information Act or by this Act, provided the identity of any individual providing information or reporting any possible or alleged misconduct to the Executive Inspector General for the Governor may be disclosed to an Inspector General appointed or employed by a Regional Transit Board in accordance with Section 75-10.
The response shall include a description of any corrective or disciplinary action to be imposed.
(b) The summary report of the investigation shall include the following:
(1) A description of any allegations or other SB3965 Engrossed - 26 - LRB096 24159 RLJ 43594 b information received by the Executive Inspector General pertinent to the investigation.
(2) A description of any alleged misconduct discovered in the course of the investigation.
(3) Recommendations for any corrective or disciplinary action to be taken in response to any alleged misconduct described in the report, including but not limited to discharge.
(4) Other information the Executive Inspector General deems relevant to the investigation or resulting recommendations.
(c) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority or agency head under subsection (a), the Executive Inspector General shall notify the Commission and the Attorney General if the Executive Inspector General believes that a complaint should be filed with the Commission.
If the Executive Inspector General desires to file a complaint with the Commission, the Executive Inspector General shall submit the summary report and supporting documents to the Attorney General.
If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Executive Inspector General and the Executive Inspector General shall deliver to the Executive Ethics Commission a copy of the summary report and response from the ultimate jurisdictional authority or agency head.
If the Attorney SB3965 Engrossed - 27 - LRB096 24159 RLJ 43594 b General determines that reasonable cause exists to believe that a violation has occurred, then the Executive Inspector General, represented by the Attorney General, may file with the Executive Ethics Commission a complaint.
The complaint shall set forth the alleged violation and the grounds that exist to support the complaint.
The complaint must be filed with the Commission within 18 months after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred.
To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred.
If a complaint is not filed with the Commission within 6 months after notice by the Inspector General to the Commission and the Attorney General, then the Commission may set a meeting of the Commission at which the Attorney General shall appear and provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the appropriate ultimate jurisdictional authority or agency head under subsection (a), if the Executive Inspector General does not believe that a complaint should be filed, the Executive Inspector General shall deliver to the Executive Ethics Commission a statement setting forth the basis for the decision not to file a complaint and a copy of the summary report and response from the ultimate jurisdictional authority or agency SB3965 Engrossed - 28 - LRB096 24159 RLJ 43594 b head.
An Inspector General may also submit a redacted version of the summary report and response from the ultimate jurisdictional authority if the Inspector General believes either contains information that, in the opinion of the Inspector General, should be redacted prior to releasing the report, may interfere with an ongoing investigation, or identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission believes that further investigation is warranted, the Commission may request that the Executive Inspector General provide additional information or conduct further investigation.
The Commission may also appoint a Special Executive Inspector General to investigate or refer the summary report and response from the ultimate jurisdictional authority to the Attorney General for further investigation or review.
If the Commission requests the Attorney General to investigate or review, the Commission must notify the Attorney General and the Inspector General.
The Attorney General may not begin an investigation or review until receipt of notice from the Commission.
If, after review, the Attorney General determines that reasonable cause exists to believe that a violation has occurred, then the Attorney General may file a complaint with the Executive Ethics Commission.
If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Executive Ethics Commission and the appropriate Executive Inspector SB3965 Engrossed - 29 - LRB096 24159 RLJ 43594 b General.
(d) A copy of the complaint filed with the Executive Ethics Commission must be served on all respondents named in the complaint and on each respondent's ultimate jurisdictional authority in the same manner as process is served under the Code of Civil Procedure.
(e) A respondent may file objections to the complaint within 30 days after notice of the petition has been served on the respondent.
(f) The Commission shall meet, either in person or by telephone, at least 30 days after the complaint is served on all respondents in a closed session to review the sufficiency of the complaint.
The Commission shall issue notice by certified mail, return receipt requested, to the Executive Inspector General, Attorney General, and all respondents of the Commission's ruling on the sufficiency of the complaint.
If the complaint is deemed to sufficiently allege a violation of this Act or the Regional Transportation Authority Act and other related laws and rules, then the Commission shall include a hearing date scheduled within 4 weeks after the date of the notice, unless all of the parties consent to a later date.
If the complaint is deemed not to sufficiently allege a violation, then the Commission shall send by certified mail, return receipt requested, a notice to the Executive Inspector General, Attorney General, and all respondents of the decision to dismiss the complaint.
SB3965 Engrossed - 30 - LRB096 24159 RLJ 43594 b (g) On the scheduled date the Commission shall conduct a closed meeting, either in person or, if the parties consent, by telephone, on the complaint and allow all parties the opportunity to present testimony and evidence.
All such proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the Executive Ethics Commission, the Commission shall (i) dismiss the complaint, (ii) issue a recommendation of discipline to the respondent and the respondent's ultimate jurisdictional authority, (iii) impose an administrative fine upon the respondent, (iv) issue injunctive relief as described in Section 50-10, or (v) impose a combination of (ii) through (iv).
(i) The proceedings on any complaint filed with the Commission shall be conducted pursuant to rules promulgated by the Commission.
(j) The Commission may designate hearing officers to conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final administrative decision that concludes that a violation occurred, the Executive Ethics Commission shall make public the entire record of proceedings before the Commission, the decision, any recommendation, any discipline imposed, and the response from the agency head or ultimate jurisdictional SB3965 Engrossed - 31 - LRB096 24159 RLJ 43594 b authority to the Executive Ethics Commission.
8-18-09.) (5 ILCS 430/20-55) Sec.
8-18-09.) (5 ILCS 430/20-95) Sec.
20-55.
20-95.
Decisions;
Exemptions.
recommendations.
(a) Documents generated by an ethics officer under this Act, except Section 5-50, are exempt from the provisions of the Freedom of Information Act.
(a) All decisions of the Executive Ethics Commission must include a description of the alleged misconduct, the decision of the Commission, including any fines levied and any recommendation of discipline, and the reasoning for that decision.
(b) Any allegations and related documents submitted to an Executive Inspector General and any pleadings and related documents brought before the Executive Ethics Commission are exempt from the provisions of the Freedom of Information Act so long as the Executive Ethics Commission does not make a finding of a violation of this Act.
All decisions of the Commission shall be delivered to the head of the appropriate State agency, including the Regional Transportation Authority and the Service Boards, the appropriate ultimate jurisdictional authority, and the appropriate Executive Inspector General.
If the Executive Ethics Commission finds that a violation has occurred, the entire record of SB3965 Enrolled - 23 - LRB096 24159 RLJ 43594 b proceedings before the Commission, the decision and recommendation, and the response from the agency head or ultimate jurisdictional authority to the Executive Ethics Commission are not exempt from the provisions of the Freedom of Information Act but information contained therein that is otherwise exempt from the Freedom of Information Act must be redacted before disclosure as provided in the Freedom of Information Act.
The Executive Ethics Commission shall promulgate rules for the decision and recommendation process.
A summary report released by the Executive Ethics Commission under Section 20-52 is a public record, but information redacted by the Executive Ethics Commission shall not be part of the public record.
(b) If the Executive Ethics Commission issues a recommendation of discipline to an agency head or ultimate jurisdictional authority, that agency head or ultimate jurisdictional authority must respond to that recommendation in 30 days with a written response to the Executive Ethics Commission.
(c) Meetings of the Commission are exempt from the provisions of the Open Meetings Act.
This response must include any disciplinary action the agency head or ultimate jurisdictional authority has taken with respect to the officer or employee in question.
(d) Unless otherwise provided in this Act, all investigatory files and reports of the Office of an Executive Inspector General, other than monthly reports required under Section 20-85, are confidential, are exempt from disclosure under the Freedom of Information Act, and shall not be divulged to any person or agency, except as necessary (i) to a law enforcement authority, (ii) to the ultimate jurisdictional authority, (iii) to the Executive Ethics Commission , ;
If the agency head or ultimate jurisdictional authority did not take any disciplinary action, or took a different disciplinary SB3965 Engrossed - 32 - LRB096 24159 RLJ 43594 b action than that recommended by the Executive Ethics Commission, the agency head or ultimate jurisdictional authority must describe the different action and explain the reasons for the different action in the written response.
or (iv) to another Inspector General appointed pursuant to this Act, or (v) to an Inspector General appointed or employed by a Regional Transit Board in accordance with Section 75-10.
This response must be served upon the Executive Ethics Commission and the appropriate Executive Inspector General within the 30-day period and is not exempt from the provisions of the Freedom of Information Act.
(c) Disciplinary action under this Act against a person subject to the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Treasurer Employment Code is within the jurisdiction of the Executive Ethics Commission and is not within the jurisdiction of those Acts.
(d) Any hearing to contest disciplinary action for a violation of this Act against a person subject to the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Treasurer Employment Code pursuant to an agreement between an Executive Inspector General and an ultimate jurisdictional authority shall be conducted by the Executive Ethics Commission and not under any of those Acts.
(e) Any investigation or inquiry by the Executive Ethics Commission or the Executive Inspector General for the Office of the Governor of any Board member, officer, or employee of the Regional Transportation Authority or a Service Board must be SB3965 Engrossed - 33 - LRB096 24159 RLJ 43594 b conducted in accordance with the rights of the employees as set forth in State and federal law and applicable judicial decisions.
Any recommendations for corrective or disciplinary action toward any employee of the Regional Transportation Authority or a Service Board must comply with the provisions of any collective bargaining agreement that may apply to the employee.
(f) Nothing in this Section shall diminish the rights, privileges, or remedies of any Board member, officer, or employee of the Regional Transportation Authority or a Service Board under any other federal or State law, rule, or regulation or under any collective bargaining agreement.
8-18-09.) (5 ILCS 430/20-70) Sec.
8-18-09.) SB3965 Enrolled - 24 - LRB096 24159 RLJ 43594 b (5 ILCS 430/Art.
20-70.
75 heading new) ARTICLE 75.
Cooperation in investigations.
REGIONAL TRANSIT BOARDS (5 ILCS 430/75-5 new) Sec.
(a) It is the duty of every officer and employee under the jurisdiction of an Executive Inspector General, including any inspector general serving in any State agency under the jurisdiction of that Executive Inspector General, to cooperate with the Executive Inspector General and the Attorney General in any investigation undertaken pursuant to this Act.
75-5.
Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements.
Application of the State Officials and Employees Ethics Act to the Regional Transit Boards.
Failure to cooperate with an investigation of the Executive Inspector General or the Attorney General is grounds for disciplinary action, including SB3965 Engrossed - 34 - LRB096 24159 RLJ 43594 b dismissal.
(a) Beginning July 1, 2011, the provisions of Articles 1, 5, 10, 20, and 50 of this Act, as well as this Article, shall apply to the Regional Transit Boards.
Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.
As used in Articles 1, 5, 10, 20, 50, and 75, (i) "appointee" and "officer" include a person appointed to serve on the board of a Regional Transit Board, and (ii) "employee" and "State employee" include a full-time, part-time, or contractual employee of a Regional Transit Board.
(b) All Board members, officers, and employees of the Regional Transportation Authority or a Service Board and all officers, employees, vendors, subcontractors, and others doing business with the Regional Transportation Authority or a Service Board have a duty to cooperate with the Executive Ethics Commission and the Executive Inspector General for the Office of the Governor in any investigation undertaken pursuant to this Section.
(b) The Executive Ethics Commission shall have jurisdiction over all board members and employees of the Regional Transit Boards.
Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements.
The Executive Inspector General appointed by the Governor shall have jurisdiction over all board members, employees, vendors, and others doing business with the Regional Transit Boards to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act.
Failure to cooperate with an investigation pursuant to this Section is grounds for disciplinary action by the Regional Transportation Authority or the appropriate Service Board.
(5 ILCS 430/75-10 new) Sec.
Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.
75-10.
(c) All Board members, officers, and employees of the Regional Transportation Authority or a Service Board have a duty to report, directly and without undue delay, to the Executive Inspector General for the Office of the Governor any information concerning conduct which they know or should reasonably know to involve corruption or other criminal activity by a Board member, officer, employee, vendor, subcontractor, or others doing business with the Regional Transportation Authority or a Service Board.
Coordination between Executive Inspector General and Inspectors General appointed by Regional Transit SB3965 Enrolled - 25 - LRB096 24159 RLJ 43594 b Boards.
Failure to report SB3965 Engrossed - 35 - LRB096 24159 RLJ 43594 b corrupt or other criminal activity to the Executive Inspector General for the Office of the Governor is grounds for disciplinary action by the Regional Transportation Authority or a Service Board, as applicable.
(a) Nothing in this amendatory Act of the 96th General Assembly precludes a Regional Transit Board from appointing or employing an Inspector General to serve under the jurisdiction of a Regional Transit Board to receive complaints and conduct investigations in accordance with an ordinance or resolution adopted by that respective Board, provided he or she is approved by the Executive Ethics Commission.
A Regional Transit Board shall notify the Executive Ethics Commission within 10 days after employing or appointing a person to serve as Inspector General, and the Executive Ethics Commission shall approve or reject the appointment or employment of the Inspector General.
Any notification not acted upon by the Executive Ethics Commission within 60 days after its receipt shall be deemed to have received the approval of the Executive Ethics Commission.
Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, a Regional Transit Board shall notify the Executive Ethics Commission of any person serving on the effective date of this amendatory Act as an Inspector General for the Regional Transit Board, and the Executive Ethics Commission shall approve or reject the appointment or employment within 30 days after receipt of the notification, provided that any notification not acted upon by the Executive Ethics Commission within 30 days shall be deemed to have received approval.
No person rejected by the Executive Ethics Commission shall serve as an Inspector General for a SB3965 Enrolled - 26 - LRB096 24159 RLJ 43594 b Regional Transit Board for a term of 5 years after being rejected by the Commission.
For purposes of this subsection (a), any person appointed or employed by a Transit Board to receive complaints and investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of this Act shall be considered an Inspector General and shall be subject to approval of the Executive Ethics Commission.
(b) The Executive Inspector General appointed by the Governor shall have exclusive jurisdiction to investigate complaints or allegations of violations of this Act and, in his or her discretion, may investigate other complaints or allegations.
Complaints or allegations of a violation of this Act received by an Inspector General appointed or employed by a Regional Transit Board shall be immediately referred to the Executive Inspector General.
The Executive Inspector General shall have authority to assume responsibility and investigate any complaint or allegation received by an Inspector General appointed or employed by a Regional Transit Board.
In the event the Executive Inspector General provides written notification of intent to assume investigatory responsibility for a complaint, allegation, or ongoing investigation, the Inspector General appointed or employed by a Regional Transit Board shall cease review of the complaint, allegation, or ongoing investigation and provide all information to the Executive Inspector General.
The Executive Inspector General may SB3965 Enrolled - 27 - LRB096 24159 RLJ 43594 b delegate responsibility for an investigation to the Inspector General appointed or employed by a Regional Transit Board.
In the event the Executive Inspector General provides an Inspector General appointed or employed by a Regional Transit Board with written notification of intent to delegate investigatory responsibility for a complaint, allegation, or ongoing investigation, the Executive Inspector General shall provide all information to the Inspector General appointed or employed by a Regional Transit Board.
(c) An Inspector General appointed or employed by a Regional Transit Board shall provide a monthly activity report to the Executive Inspector General indicating:
(1) the total number of complaints or allegations received since the date of the last report and a description of each complaint;
(2) the number of investigations pending as of the reporting date and the status of each investigation;
(3) the number of investigations concluded since the date of the last report and the result of each investigation;
and (4) the status of any investigation delegated by the Executive Inspector General.
An Inspector General appointed or employed by a Regional Transit Board and the Executive Inspector General shall cooperate and share resources or information as necessary to implement the provisions of this Article.
SB3965 Enrolled - 28 - LRB096 24159 RLJ 43594 b (d) Reports filed under this Section are exempt from the Freedom of Information Act and shall be deemed confidential.
Investigatory files and reports prepared by the Office of the Executive Inspector General and the Office of an Inspector General appointed or employed by a Regional Transit Board may be disclosed between the Offices as necessary to implement the provisions of this Article.
Section 10.
The Metropolitan Transit Authority Act is amended by changing Section 21 as follows:
(70 ILCS 3605/21) (from Ch.
111 2/3, par.
321) Sec.
21.
Members of the Board shall hold office until their respective successors have been appointed and have qualified.
Any member may resign from his or her office, to take effect when his or her successor has been appointed and has qualified.
The Governor and the Mayor, respectively, may remove any member of the Board appointed by him or her in case of incompetency, neglect of duty, or malfeasance in office.
They may give him or her a copy of the charges against him or her and an opportunity to be publicly heard in person or by counsel in his or her own defense upon not less than 10 ten days' notice.
The Governor may remove any member in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or SB3965 Enrolled - 29 - LRB096 24159 RLJ 43594 b by counsel prior to removal.
In case of failure to qualify within the time required, or of abandonment of his or her office, or in case of death, conviction of a crime or removal from office, his or her office shall become vacant.
Each vacancy shall be filled for the unexpired term by appointment in like manner, and with like regard as to the place of residence of the appointee, as in case of expiration of the term of a member of the Board.
Laws 1945, p.
1171.) Section 15.
The Regional Transportation Authority Act is amended by changing Sections 3.03, 3A.03, and 3B.03 as follows:
(70 ILCS 3615/3.03) (from Ch.
111 2/3, par.
703.03) Sec.
3.03.
Terms, vacancies.
Each Director shall hold office for a term of 5 years, and until his successor has been appointed and has qualified.
A vacancy shall occur upon resignation, death, conviction of a felony, or removal from office of a Director.
Any Director may be removed from office (i) upon concurrence of not less than 11 Directors, on a formal finding of incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal.
Within 30 days after SB3965 Enrolled - 30 - LRB096 24159 RLJ 43594 b the office of any member becomes vacant for any reason, the appointing authorities of such member shall make an appointment to fill the vacancy.
A vacancy shall be filled for the unexpired term.
Whenever a vacancy for a Director, except as to the Chairman or those Directors appointed by the Mayor of the City of Chicago, exists for longer than 4 months, the new Director shall be chosen by election by all legislative members in the General Assembly representing the affected area.
In order to qualify as a voting legislative member in this matter, the affected area must be more than 50% of the geographic area of the legislative district.
(Source:
96-555, eff.
95-708, eff.
8-18-09.) (5 ILCS 430/70-5) Sec.
1-18-08.) (70 ILCS 3615/3A.03) (from Ch.
70-5.
111 2/3, par.
Adoption by governmental entities.
703A.03) Sec.
Adoption by governmental entities.
3A.03.
(a) Within 6 months after the effective date of this Act, each governmental entity other than a community college district, and each community college district within 6 months after the effective date of this amendatory Act of the 95th General Assembly, shall adopt an ordinance or resolution that regulates, in a manner no less restrictive than Section 5-15 and Article 10 of this Act, (i) the political activities of officers and employees of the governmental entity and (ii) the soliciting and accepting of gifts by and the offering and making of gifts to officers and employees of the governmental entity.
Terms, Vacancies.
(b) Within 3 months after the effective date of this amendatory Act of the 93rd General Assembly, the Attorney General shall develop model ordinances and resolutions for the purpose of this Article.
The initial term of the directors appointed pursuant to subdivision (a) of Section 3A.02 shall expire on June 30, 1985;
The Attorney General shall advise governmental entities on their contents and adoption.
the initial term of the directors appointed pursuant to subdivisions (b) through (g) of Section 3A.02 shall expire on June 30, 1986.
(c) As used in this Article, (i) an "officer" means an SB3965 Engrossed - 36 - LRB096 24159 RLJ 43594 b elected or appointed official;
Thereafter, each director shall be appointed for a term of 4 years, and until his successor has been appointed and qualified.
regardless of whether the official is compensated, and (ii) an "employee" means a full-time, part-time, or contractual employee.
A vacancy shall occur upon the resignation, death, conviction of a felony, or removal from office of a director.
(d) On and after the effective date of this amendatory Act of the 96th General Assembly, the provisions of this Section do not apply to any board member, officer, or employee of the Regional Transportation Authority or a Service Board.
Any director may be removed from office (i) upon the concurrence of not less than 8 directors, on a formal finding of incompetence, neglect of SB3965 Enrolled - 31 - LRB096 24159 RLJ 43594 b duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal.
Within 30 days after the office of any director becomes vacant for any reason, the appointing authorities of such director shall make an appointment to fill the vacancy.
A vacancy shall be filled for the unexpired term.
The initial directors other than the chairman shall be appointed within 180 days of November 9, 1983.
On June 1, 1984 the seat of any Director of the Suburban Bus Board not yet filled shall be deemed vacant and shall be chosen by the election of all the legislative members of the General Assembly representing the affected area.
In order to qualify as a voting legislative member in this matter, the affected area must be more than 50% of the geographic area of the legislative district.
95-880, eff.
83-1156.) (70 ILCS 3615/3B.03) (from Ch.
8-19-08.) Section 99.
111 2/3, par.
703B.03) Sec.
3B.03.
Terms, Vacancies.
Each director shall be appointed for a term of 4 years, and until his successor has been appointed and qualified.
A vacancy shall occur upon the resignation, death, conviction of a felony, or removal from office of a director.
Any director may be removed from office SB3965 Enrolled - 32 - LRB096 24159 RLJ 43594 b (i) upon the concurrence of not less than 8 directors, on a formal finding of incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal.
Within 30 days after the office of any director becomes vacant for any reason, the appropriate appointing authorities of such director, as provided in Section 3B.02, shall make an appointment to fill the vacancy.
A vacancy shall be filled for the unexpired term.
(Source:
P.A.
95-708, eff.
1-18-08.) Section 99.
This Act takes effect June 1, 2011.
This Act takes effect July 1, 2011.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-1528

  2. Effective Date July 1, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 053-003-000

  7. House Committee Amendment No. 1 Senate Concurs 053-003-000

  8. Added as Co-Sponsor Sen. Mattie Hunter

  9. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Transportation; 008-000-000

  10. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 008-000-000

  11. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Transportation

  12. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Transportation

  13. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  14. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Susan Garrett

  15. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  16. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Susan Garrett

  17. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - January 6, 2011

  18. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  19. Third Reading - Short Debate - Passed 092-021-001

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. House Floor Amendment No. 2 Adopted by Voice Vote

  22. Recalled to Second Reading - Short Debate

  23. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  24. Added Alternate Co-Sponsor Rep. Esther Golar

  25. Added Alternate Co-Sponsor Rep. Carol A. Sente

  26. Added Alternate Chief Co-Sponsor Rep. Kenneth Dunkin

  27. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  28. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks

  31. Placed on Calendar Order of 3rd Reading - Short Debate

  32. Second Reading - Short Debate

  33. Placed on Calendar 2nd Reading - Short Debate

  34. Do Pass as Amended / Short Debate Mass Transit Committee; 021-000-000

  35. House Committee Amendment No. 1 Adopted in Mass Transit Committee; by Voice Vote

  36. House Committee Amendment No. 1 Filed with Clerk by Mass Transit Committee

  37. Added Alternate Chief Co-Sponsor Rep. Fred Crespo

  38. Added Alternate Chief Co-Sponsor Rep. Luis Arroyo

  39. Assigned to Mass Transit Committee

  40. Final Action Deadline Extended-9(b) January 11, 2011

  41. Referred to Rules Committee

  42. First Reading

  43. Chief House Sponsor Rep. Jack D. Franks

  44. Arrived in House

  45. Third Reading - Passed; 038-012-002

  46. Placed on Calendar Order of 3rd Reading

  47. Senate Floor Amendment No. 2 Adopted; Sandoval

  48. Recalled to Second Reading

  49. Added as Chief Co-Sponsor Sen. John J. Millner

  50. Added as Chief Co-Sponsor Sen. John G. Mulroe

  51. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  52. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  53. Added as Co-Sponsor Sen. Martin A. Sandoval

  54. Senate Floor Amendment No. 2 Recommend Do Adopt Transportation; 010-000-000

  55. Senate Floor Amendment No. 2 Assignments Refers to Transportation

  56. Placed on Calendar Order of 3rd Reading November 17, 2010

  57. Second Reading

  58. Senate Floor Amendment No. 2 Referred to Assignments

  59. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Martin A. Sandoval

  60. Placed on Calendar Order of 2nd Reading November 16, 2010

  61. Do Pass as Amended Transportation; 008-000-000

  62. Senate Committee Amendment No. 1 Adopted

  63. Senate Committee Amendment No. 1 Assignments Refers to Transportation

  64. Senate Committee Amendment No. 1 Referred to Assignments

  65. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval

  66. Assigned to Transportation

  67. Referred to Assignments

  68. First Reading

  69. Filed with Secretary by Sen. Susan Garrett

Sponsors

  • Susan Garrett · Cosponsor
  • Carol A. Sente · Cosponsor
  • Esther Golar · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (4)

  • Susan Garrett
  • Carol A. Sente
  • Esther Golar
  • Chapa LaVia

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 53 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 43302
Democrat 9000
Republican 1001
Total 53303
% of votes cast 90%5%0%5%
How each member voted (59)
Member Party Vote
Luechtefeld — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Brady — Yea
Jacobs — Yea
Sullivan — Yea
Johnson — Yea
Demuzio — Yea
McCarter — Nay
Cullerton — Yea
Meeks — Yea
Millner — Yea
Muñoz — Yea
Jones, J. — Nay
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Burzynski — Nay
Clayborne — Yea
Crotty — Yea
Dillard — Not Voting
Duffy — Yea
Forby — Yea
Frerichs — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandack — Yea
Sandoval — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Mulroe — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting
Sue Rezin Republican Yea

Official roll call →

Concurrence

Passed 53 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 43302
Republican 1001
Total 53303
% of votes cast 90%5%0%5%
How each member voted (59)
Member Party Vote
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
McCarter — Nay
Meeks — Yea
Millner — Yea
Mulroe — Yea
Brady — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Jacobs — Yea
Sullivan — Yea
Johnson — Yea
Demuzio — Yea
Schoenberg — Yea
Cullerton — Yea
Silverstein — Yea
Steans — Yea
Jones, J. — Nay
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Crotty — Yea
Dillard — Not Voting
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandack — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 92 Yea · 21 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 1401
Unaffiliated 791703
Democrat 12001
Total 922105
% of votes cast 78%18%0%4%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jackson — Yea
Jefferson — Yea
Lang — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Madigan — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Nekritz — Yea
Bradley — Yea
Osmond — Yea
McGuire — Yea
Phelps — Yea
Pihos — Yea
Burke — Yea
Senger — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Sullivan — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Verschoore — Yea
Wait — Yea
Hannig — Yea
Harris — Yea
Winters — Yea
Yarbrough — Yea
Hernandez — Yea
Howard — Yea
Davis, Monique — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Holbrook — Yea
Jakobsson — Yea
Brady — Nay
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Mell — Not Voting
Hays, Chad — Nay
Watson — Nay
Moffitt — Nay
Sommer — Nay
Zalewski — Not Voting
Cavaletto — Nay
Cultra — Nay
Eddy — Nay
O'Sullivan — Yea
Kosel — Yea
Osterman — Yea
Poe — Nay
Pritchard — Nay
Ramey — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sente — Yea
Soto — Yea
Leitch — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Boland — Yea
Bost — Nay
Brauer — Nay
Burns — Yea
Carberry — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Not Voting
Froehlich — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Not Voting
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Not Voting
Jil Tracy Republican Nay
Kyle Moore Republican Yea
Norine K. Hammond Republican Nay

Official roll call →

Third Reading

Passed 38 Yea · 12 Nay · 9 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 301108
Republican 0100
Total 381209
% of votes cast 64%20%0%15%
How each member voted (59)
Member Party Vote
Muñoz — Not Voting
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Nay
McCarter — Nay
Meeks — Not Voting
Demuzio — Yea
Millner — Yea
Jacobs — Yea
Mulroe — Yea
Noland — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Jones, J. — Nay
Wilhelmi — Yea
Cullerton — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Not Voting
Dillard — Yea
Forby — Not Voting
Garrett — Yea
Haine — Nay
Hendon — Not Voting
Hultgren — Not Voting
Pankau — Yea
Radogno — Nay
Raoul — Yea
Righter — Nay
Risinger — Nay
Rutherford — Nay
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Not Voting
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
Duffy — Yea
Frerichs — Nay
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 3965 do?
Amends the Metropolitan Transit Authority Act. Provides for the appointment of a Chicago Transit Authority Inspector General for a 4-year term for the purpose of detection and prevention of fraud and mismanagement in the Chicago Transit Authority. Provides that the jurisdiction of the Chicago Transit Authority Inspector General does not include the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, duties, and reporting requirements of the Chicago Transit Authority Inspector General. Amends the Regional Transportation Authority Act. Provides for the appointment of a Regional Transportation Authority Inspector General for a 5-year term for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Regional Transportation Authority, the Commuter Rail Division, the Suburban Bus Division, and the Board of Directors of the Chicago Transit Authority. Contains provisions concerning appointment, terms, removal, jurisdiction, duties, and reporting requirements of the Regional Transportation Authority Inspector General. Requires that the Board of Directors of the Regional Transportation Authority appoint an ethics officer. Amends the Whistleblower Act. Provides that "employer" includes the Office of the Regional Transportation Authority Inspector General. Effective immediately.
Who sponsors SB 3965?
SB 3965 is sponsored by Susan Garrett, Carol A. Sente, Esther Golar, and Chapa LaVia.
What is the current status of SB 3965?
This bill has been enacted into law. Introduced November 04, 2010. Enacted.
Where can I track SB 3965?
Track SB 3965 free on One Click Politics — get push/email alerts when it moves.

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