HB2591 94TH GENERAL ASSEMBLY

LRB094 08394 DRH 38594 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2591

Introduced 2/18/2005, by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:

605 ILCS 10/8.1 new
605 ILCS 10/16.2 new
605 ILCS 10/16.3 new

Amends the Toll Highway Act. Requires the Governor to appoint, with the advice and consent of the Senate, an Inspector General for the Authority, and sets forth his or her powers and duties. Provides that the Office of the Inspector General shall be represented in all legal matters by the Attorney General. Places certain restrictions on directors of the Illinois State Toll Highway Authority and their employees and agents concerning receiving financial benefit from their positions or employment with the Authority. Provides that the Authority shall, in a manner consistent with the law, ensure that disadvantaged businesses have access to the Authority's contract bidding process. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to transportation.

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

Section 5. The Toll Highway Act is amended by adding Sections 8.1, 16.2, and 16.3 as follows:

(605 ILCS 10/8.1 new)

Sec. 8.1. Inspector General.

(a) The Governor must, with the advice and consent of the Senate, appoint an Inspector General for the purpose of providing increased accountability and oversight, detection, deterrence, and prevention of fraud, corruption, waste, inefficiencies, and mismanagement in the Authority. The Inspector General shall serve a 2-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 Governor 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) no conviction of any felony under the laws of this State, another state, or the United States;

(2) an earned baccalaureate degree from an institution of higher education; and

(3) 5 or more years of 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; or (C) as a senior manager or executive of a federal, State, or local agency.

(c) The Inspector General may review, coordinate, and recommend methods and procedures to increase the integrity of the Authority. The Inspector General must report directly to the Governor through the Office of the Executive Inspector General for the Governor.

(d) In addition to the authority otherwise provided by this Section, but only when investigating the Authority, its employees, or their actions for fraud, corruption, or mismanagement, the Inspector General is authorized:

(1) To have access to all records, reports, audits, 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.

(2) To make any investigations and reports relating to the administration of the programs and operations of the Authority that are, in the judgment of the Inspector General, necessary or desirable.

(3) To request any information or assistance that 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.

(4) To issue subpoenas and to compel the attendance of witnesses for purposes of testimony and the production of documents and other items for inspection and copying. If a person has petitioned a court of competent jurisdiction in Cook County, Sangamon County, or any county where the subpoena is sought to be enforced for a protective order or to quash or modify the subpoena, then this Section does not apply during the pendency of the court proceedings concerning the petition. 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 the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege recognized by State or federal law. 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.

(5) To have direct and prompt access to the Board of Directors of the Authority for any purpose pertaining to the performance of functions and responsibilities under this Section.

(f) The Inspector General may receive and investigate complaints or information from an employee of the Authority 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. The Inspector General shall have the discretion to determine the appropriate means of investigation as permitted by law. 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.

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.

(g) 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 Authority subject to investigation or inquiry by the Inspector General, or any agent or representative of the Inspector General, concerning misconduct that is criminal 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 a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Authority. Any such investigation or inquiry must be conducted in a manner consistent with the provisions of a collective bargaining agreement that applies to the employees of the Authority. Any recommendation for discipline or any action taken against any employee by the Inspector General, or any representative or agent of the Inspector General, must be undertaken in a manner consistent with the rights of the employees as set forth in State and federal law and applicable judicial decisions.

(h) The Inspector General shall provide to the Authority and the General Assembly a summary of reports and investigations made under this Section for the previous fiscal year no later than January 1 of each year. The summaries shall detail the final disposition of the Inspector General's recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed, recommended administrative actions and matters for consideration by the General Assembly.

(i) The Office of the Inspector General shall be represented in all legal matters by the Attorney General.

(605 ILCS 10/16.2 new)

Sec. 16.2. Financial benefit prohibited.

(a) A director, employee, or agent of the Authority may not receive a financial benefit from a contract let by the Authority during his or her term of service with the Authority and for a period of one year following the termination of his or her term of service as a director of the Authority or as an employee or agent of the Authority.

(b) A member of the immediate family or household of a director, employee, or agent of the Authority may not receive a financial benefit from a contract let by the Authority during the immediate family or household member's term of service with the Authority and for a period of one year following the termination of the immediate family or household member's term of service as a director of the Authority or as an employee or agent of the Authority.

(c) A director, employee, or agent of the Authority may not use material non-public information for personal financial gain nor may he or she disclose that information to any other person for that person's personal financial gain when that information was obtained as a result of his or her directorship, employment, or agency with the Authority.

(d) A member of the immediate family or household of a director, employee, or agent of the Authority may not use material non-public information for personal financial gain nor may he or she disclose that information to any other person for that person's personal financial gain when that information was obtained as a result of his or her immediate family or household member's directorship, employment, or agency with the Authority.

(e) For purposes of this Section, "immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling with a director of the Authority or with an employee or agent of the Authority.

(605 ILCS 10/16.3 new)

Sec. 16.3. Disadvantaged businesses. In a manner consistent with the law, the Authority shall:

(a) set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals;

(b) attempt to identify disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the Authority; and

(c) give disadvantaged businesses full access to the Authority's contract bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify and take all reasonable steps to remove barriers to the businesses' participation in the process.

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