(15 ILCS 305/5) (from Ch. 124, par. 5)
Sec. 5.
It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all commissions
required by law to be issued by the Governor.
2. To make a register of all appointments by the Governor, specifying
the person appointed, the office conferred, the date of the appointment,
the date when bond or oath is taken and the date filed. If Senate
confirmation is required, the date of the confirmation shall be included
in the register.
3. To make proper indexes to public acts, resolutions, papers and
documents in his office.
3‑a. To review all rules of all State agencies adopted in compliance
with the
codification system prescribed by the Secretary. The review shall be for the
purposes and include all the powers and duties provided in the Illinois
Administrative Procedure Act. The Secretary of State shall cooperate with the
Legislative Information System to insure the accuracy of the text of the rules
maintained under the Legislative Information System Act.
4. To give any person requiring the same paying the lawful fees
therefor, a copy of any law, act, resolution, record or paper in his
office, and attach thereto his certificate, under the seal of the state.
5. To take charge of and preserve from waste, and keep in repair,
the houses, lots, grounds and appurtenances, situated in the City of
Springfield, and belonging to or occupied by the State, the care of
which is not otherwise provided for by law, and to take charge of and
preserve from waste, and keep in repair, the houses, lots, grounds and
appurtenances, situated in the State outside the City of Springfield
where such houses, lots, grounds and appurtenances are occupied by the
Secretary of State and no other State officer or agency.
6. To supervise the distribution of the laws.
7. To perform such other duties as may be required by law. The
Secretary of State may, within appropriations authorized by the General
Assembly, maintain offices in the State Capital and in such other places
in the State as he may deem necessary to properly carry out the powers
and duties vested in him by law.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(15 ILCS 305/5.5)
Sec. 5.5.
Secretary of State fees.
There shall be paid to
the Secretary of State the following fees:
For certificate or apostille, with seal: $2.
For each certificate, without seal: $1.
For each commission to any officer or other person (except military
commissions), with seal: $2.
For copies of exemplifications of records, or for a certified copy of any
document, instrument, or paper when not otherwise provided by law, and
it does not exceed legal size: $0.50 per page or any portion
of a page; and
$2 for the certificate, with seal affixed.
For copies of exemplifications of records or a certified copy of any
document, instrument, or paper, when not otherwise provided for by law,
that exceeds legal size: $1 per page or any portion of a
page; and $2 for
the certificate, with seal affixed.
For copies of bills or other papers: $0.50 per page or any
portion
of a page; and $2 for the certificate, with seal
affixed, except that
there shall be no charge for making or certifying copies that are furnished
to any governmental agency for official use.
For recording a duplicate of an affidavit showing the appointment of
trustees
of a religious corporation: $0.50; and $2 for the certificate of
recording,
with seal affixed.
For filing and recording an application under the Soil Conservation
Districts Law and making and issuing a certificate for the application, under seal:
$10.
For recording any other document, instrument, or paper required or
permitted to be recorded with the Secretary of State, which recording shall
be done by any approved photographic or photostatic process, if
the page
to be recorded does not exceed legal size and the fees and charges therefor
are not otherwise fixed by law: $0.50 per page or any portion of
a page; and $2
for the certificate of recording, with seal affixed.
For recording any other document, instrument, or paper required or
permitted to be recorded with the Secretary of State, which recording shall
be done by any approved photographic or photostatic process, if
the page
to be recorded exceeds legal size and the fees and charges therefor are not
otherwise fixed by law: $1 per page or any portion of a page; and $2 for the
certificate of recording attached to the original, with seal
affixed.
For each duplicate certified copy of a school land patent: $3.
For each photostatic copy of a township plat: $2.
For each page of a photostatic copy of surveyors field notes: $2.
For each page of a photostatic copy of a state land patent, including
certification: $4.
For each page of a photostatic copy of a swamp land grant: $2.
For each page of photostatic copies of all other instruments or
documents relating to land records: $2.
For each check, money order, or bank draft returned by the Secretary of
State when it has not been honored: $25.
For any research request received after the effective date of the changes
made to this Section by this
amendatory Act of the 93rd General Assembly by an out‑of‑State or non‑Illinois
resident: $10,
prepaid and nonrefundable, for which the requester will receive up to 2
unofficial
noncertified copies of the records requested. The fees under this paragraph
shall be deposited into
the
General Revenue Fund.
The Illinois State Archives is authorized to charge reasonable fees to
reimburse the cost of production and distribution of copies of finding aids to
the
records that it holds or copies of published versions or editions of those
records
in printed, microfilm, or electronic formats. The fees under this paragraph
shall be deposited
into
the
General Revenue Fund.
As used in this Section, "legal size" means a sheet of paper that is 8.5
inches wide and 14 inches long, or written or printed matter on a sheet of
paper that does not exceed that width and length, or either of them.
(Source: P.A. 93‑32, eff. 1‑1‑04.)
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(15 ILCS 305/14)
Sec. 14.
Inspector General.
(a) The Secretary of State must, with the advice and consent of the Senate,
appoint an Inspector General for the purpose of detection, deterrence, and
prevention of fraud,
corruption, mismanagement, gross or aggravated misconduct, or misconduct
that may be criminal in nature in the Office of the Secretary of State. The
Inspector General shall serve a 5‑year term.
If no successor is appointed and qualified upon the
expiration of the Inspector General's term, the Office of Inspector General is
deemed vacant and the powers and duties under this Section may be exercised
only by an appointed and qualified interim Inspector General until a successor
Inspector General is appointed and qualified.
If the General Assembly is not in session when a vacancy in the Office of
Inspector General occurs, the Secretary of State may appoint an interim
Inspector General whose term shall expire 2 weeks after the next
regularly scheduled session day of the Senate.
(b) The Inspector General shall have the following qualifications:
(1) has not been convicted of any felony under the |
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laws of this State, another State, or the United States;
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(2) has earned a baccalaureate degree from an
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institution of higher education; and
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(3) has either (A) 5 or more years of service with a
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federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) 5 or more years of service as a federal, State, or local prosecutor; or (C) 5 or more years of service as a senior manager or executive of a federal, State, or local agency.
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(c) The Inspector General may review, coordinate, and recommend methods and
procedures to increase the integrity of the Office of the Secretary of State.
The duties of the Inspector General shall
supplement and not supplant the duties of the Chief Auditor for the Secretary
of State's Office or any other Inspector General that may be authorized by law.
The Inspector General must report directly to the Secretary
of State.
(d) In addition to the authority otherwise provided by this Section, but
only when investigating the Office of the Secretary of State, its employees, or
their actions for
fraud, corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature, the Inspector General is
authorized:
(1) To have access to all records, reports, audits,
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reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section.
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(2) To make any investigations and reports relating
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to the administration of the programs and operations of the Office of the Secretary of State that are, in the judgement of the Inspector General, necessary or desirable.
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(3) To request any information or assistance that
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may be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof.
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(4) To require by subpoena the appearance of
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witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section, with the exception of subsection (c) and with the exception of records of a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State, including, but not limited to, records of representation of employees and the negotiation of collective bargaining agreements. A subpoena may be issued under this paragraph (4) only by the Inspector General and not by members of the Inspector General's staff. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless (i) the testimony, documents, or other items are covered by the attorney‑client privilege or any other privilege or right recognized by law or (ii) the testimony, documents, or other items concern the representation of employees and the negotiation of collective bargaining agreements by a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State. Nothing in this Section limits a person's right to protection against self‑incrimination under the Fifth Amendment of the United States Constitution or Article I, Section 10, of the Constitution of the State of Illinois.
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(5) To have direct and prompt access to the
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Secretary of State for any purpose pertaining to the performance of functions and responsibilities under this Section.
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(e) The Inspector General may receive and investigate complaints or
information from an employee of the Secretary of State concerning the possible
existence of an activity constituting a violation of law, rules, or
regulations; mismanagement; abuse of authority; or substantial and specific
danger to the public health and safety. Any employee who knowingly files a
false
complaint or files a complaint with reckless disregard for the truth or the
falsity
of the facts underlying the complaint may be subject to discipline as set forth
in the rules of the Department of Personnel of the Secretary of State.
The Inspector General may not, after receipt of a complaint or information
from an employee, disclose the
identity of the employee without the consent of the employee, unless the
Inspector General determines that
disclosure of the identity is reasonable and necessary for the furtherance of
the
investigation.
Any employee who has the authority to recommend or
approve any personnel action or to direct others to recommend or approve any
personnel action may not, with respect to that authority, take or threaten to
take any action against any employee as a reprisal for making a
complaint or disclosing information to the Inspector General, unless the
complaint was made or the information disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
(f) The Inspector General must adopt rules, in accordance with the
provisions of the Illinois Administrative Procedure Act, establishing minimum
requirements for initiating, conducting, and completing investigations. The
rules must establish criteria for determining, based upon the nature of the
allegation, the appropriate method of investigation, which may include, but is
not limited to, site visits, telephone contacts, personal interviews, or
requests for written responses. The rules must also clarify how the Office of
the Inspector General shall interact with other local, State, and federal law
enforcement investigations.
Any employee of the Secretary of State subject to investigation or inquiry
by the Inspector General or any agent or representative of the Inspector
General concerning misconduct that is criminal in nature shall have the right
to be notified of the right to remain silent
during the investigation or inquiry and the right to be represented in the
investigation or inquiry by an attorney or a representative of a labor
organization that is
the exclusive collective bargaining representative of employees of the
Secretary of State.
Any investigation or inquiry by the Inspector General or any agent or
representative of the Inspector General must be conducted with an awareness of
the provisions of a collective bargaining agreement that applies to the
employees
of the Secretary of State and with an awareness of the rights of the employees
as set forth in State and federal law and applicable judicial decisions. Any
recommendations for discipline or any action taken
against any employee by the
Inspector General or any representative or agent of the Inspector General must
comply with the provisions of the collective bargaining agreement that applies
to the employee.
(g) On or before January 1 of each year, the Inspector General shall report
to the President of the Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority Leader of the House of
Representatives on the types of investigations and the activities undertaken by
the Office of the Inspector General during the previous calendar year.
(Source: P.A. 93‑559, eff. 8‑20‑03.)
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