Illinois General Assembly - Full Text of SB0399
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Full Text of SB0399  93rd General Assembly

SB0399sam001 93rd General Assembly


093_SB0399sam001











                                     LRB093 09325 DRH 14489 a

 1                    AMENDMENT TO SENATE BILL 399

 2        AMENDMENT NO.     .  Amend Senate Bill 399  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Toll Highway Act is amended by adding
 5    Section 8.1 as follows:

 6        (605 ILCS 10/8.1 new)
 7        Sec. 8.1.  Inspector General.
 8        (a)  The Governor must, with the advice  and  consent  of
 9    the  Senate,  appoint an Inspector General for the purpose of
10    detection, deterrence, and prevention of  fraud,  corruption,
11    and  mismanagement  in  the Authority.  The Inspector General
12    shall serve a 2-year term.  If no successor is appointed  and
13    qualified  upon  the  expiration  of  the Inspector General's
14    term, the Office of Inspector General is  deemed  vacant  and
15    the  powers  and  duties  under this Section may be exercised
16    only by an appointed and qualified interim Inspector  General
17    until   a   successor  Inspector  General  is  appointed  and
18    qualified.  If the General Assembly is not in session when  a
19    vacancy  in  the  Office  of  Inspector  General  occurs, the
20    Governor may appoint an interim Inspector General whose  term
21    shall  expire  2  weeks  after  the  next regularly scheduled
22    session day of the Senate.
 
                            -2-      LRB093 09325 DRH 14489 a
 1        (b)  The  Inspector  General  shall  have  the  following
 2    qualifications:
 3             (1)  has not been convicted  of any felony under the
 4        laws of this State, another State, or the United States;
 5             (2)  has  earned  a  baccalaureate  degree  from  an
 6        institution of higher education; and
 7             (3)  has either (A) 5 or more years of service  with
 8        a  federal,  State,  or  local law enforcement agency, at
 9        least 2  years  of  which  have  been  in  a  progressive
10        investigatory capacity; (B) 5 or more years of service as
11        a  federal,  State, or local prosecutor; or (C) 5 or more
12        years of service as a senior manager or  executive  of  a
13        federal, State, or local law enforcement agency.
14        (c)  The  Inspector  General  may review, coordinate, and
15    recommend methods and procedures to increase the integrity of
16    the Authority.  The Inspector General must report directly to
17    the Governor.
18        (d)  The Governor may designate the Inspector General and
19    inspectors who are members of the Inspector General's  office
20    as peace officers. These inspectors shall have all the powers
21    possessed   by  police  officers  in  municipalities  and  by
22    sheriffs of counties, and the inspectors may  exercise  those
23    powers anywhere in the State but only in the investigation of
24    allegations  of  misconduct or criminal behavior by the Board
25    of Directors of the Authority or employees of the Authority.
26        No inspector may have peace officer  status  or  exercise
27    police  powers  unless  he  or she successfully completes the
28    basic police training mandated and approved by  the  Illinois
29    Law  Enforcement Training Standards Board or the Board waives
30    the training requirement by reason of the  inspector's  prior
31    law enforcement experience or training, or both.
32        The  Board  may not waive the training requirement unless
33    the inspector has had a minimum of 5 years of experience as a
34    sworn officer of a local, State, or federal  law  enforcement
 
                            -3-      LRB093 09325 DRH 14489 a
 1    agency,  2  of  which  must  have  been  in  an investigatory
 2    capacity.
 3        (e)  In addition to the authority otherwise  provided  by
 4    this  Section, but only when investigating the Authority, its
 5    employees,  or  their  actions  for  fraud,  corruption,   or
 6    mismanagement, the Inspector General is authorized:
 7             (1)  To have access to all records, reports, audits,
 8        reviews,  documents,  papers,  recommendations,  or other
 9        materials  available  that   relate   to   programs   and
10        operations  with  respect  to which the Inspector General
11        has responsibilities under this Section.
12             (2)  To make any investigations and reports relating
13        to the administration of the programs and  operations  of
14        the Authority that are, in the judgement of the Inspector
15        General, necessary or desirable.
16             (3)  To  request  any information or assistance that
17        may  be  necessary  for  carrying  out  the  duties   and
18        responsibilities provided by this Section from any local,
19        State, or federal governmental agency or unit thereof.
20             (4)  To  seek  a subpoena or subpoena duces tecum to
21        be issued by a court of competent  jurisdiction  in  Cook
22        County, Sangamon County, or any county where the subpoena
23        or  subpoena duces tecum is sought to be enforced. Except
24        for a person who has  petitioned  a  court  of  competent
25        jurisdiction  in  Cook  County,  Sangamon  County, or any
26        county where the subpoena  or  subpoena  duces  tecum  is
27        sought  to be enforced for a protective order or to quash
28        or modify the subpoena or subpoena duces tecum, a  person
29        duly  subpoenaed  for testimony or documents who neglects
30        or  refuses  to  testify  or  produce  any  documents  or
31        records,  under  the  requirements  of  the  subpoena  or
32        subpoena duces tecum,  shall  be  proceeded  against  and
33        punished  for  contempt  of  court.  In  the event that a
34        subpoena is issued for records maintained in the ordinary
 
                            -4-      LRB093 09325 DRH 14489 a
 1        course of business by a  labor  organization  as  defined
 2        under  the Illinois Public Labor Relations Act, the labor
 3        organization  may   petition   a   court   of   competent
 4        jurisdiction  for  an "in camera" review of the documents
 5        and determination regarding whether  a  protective  order
 6        should  issue  relative to information integrally related
 7        to negotiation  of  a  collective  bargaining  agreement.
 8        Nothing within this paragraph (4) limits a person's right
 9        to  protection against self-incrimination under the Fifth
10        Amendment of the United States Constitution or Article I,
11        Section 10, of the Constitution of the State of Illinois.
12        A court, on motion of the Inspector  General,  may  order
13        that  a  person be granted immunity from prosecution in a
14        criminal  case  as  to  any   information   directly   or
15        indirectly  derived  from the production of evidence from
16        the person if the person has  refused  or  is  likely  to
17        refuse to produce the evidence on the basis of his or her
18        privilege  against  self-incrimination. The production of
19        evidence  so  compelled  under   the   order,   and   any
20        information  directly  or indirectly derived from it, may
21        not be used against  the  witness  in  a  criminal  case,
22        except  in  a prosecution for perjury, false swearing, or
23        an offense otherwise involving a failure to  comply  with
24        the  order.  An  order  of  immunity  granted  under this
25        Section does not bar prosecution of the  witness,  except
26        as specifically provided in this Section.
27             (5)  To  have  direct and prompt access to the Board
28        of Directors of the Authority for any purpose  pertaining
29        to  the  performance  of  functions  and responsibilities
30        under this Section.
31        (f)  The Inspector General may  receive  and  investigate
32    complaints  or  information from an employee of the Authority
33    concerning the possible existence of an activity constituting
34    a violation of law,  rules,  or  regulations;  mismanagement;
 
                            -5-      LRB093 09325 DRH 14489 a
 1    abuse of authority; or substantial and specific danger to the
 2    public health and safety.  Any employee who knowingly files a
 3    false  complaint or files a complaint with reckless disregard
 4    for the truth or the falsity  of  the  facts  underlying  the
 5    complaint may be subject to discipline.
 6        The  Inspector  General  may  not,  after  receipt  of  a
 7    complaint  or  information  from  an  employee,  disclose the
 8    identity of the employee without the consent of the employee.
 9        Any employee  who  has  the  authority  to  recommend  or
10    approve any personnel action or to direct others to recommend
11    or approve any personnel action may not, with respect to that
12    authority,  take  or  threaten to take any action against any
13    employee as a reprisal for making a complaint  or  disclosing
14    information  to  the  Inspector General, unless the complaint
15    was made or the information disclosed with the knowledge that
16    it was false or with  willful  disregard  for  its  truth  or
17    falsity.
18        (g)  The   Inspector   General   must   adopt  rules,  in
19    accordance with the provisions of the Illinois Administrative
20    Procedure  Act,   establishing   minimum   requirements   for
21    initiating,  conducting,  and completing investigations.  The
22    rules must establish criteria for determining, based upon the
23    nature  of  the  allegation,  the   appropriate   method   of
24    investigation, which may include, but is not limited to, site
25    visits,  telephone contacts, personal interviews, or requests
26    for written responses.  The rules must also clarify  how  the
27    Office  of  the  Inspector  General shall interact with other
28    local, State, and federal law enforcement investigations.
29        Any employee of the Authority subject to investigation or
30    inquiry  by  the  Inspector   General   or   any   agent   or
31    representative  of the Inspector General shall have the right
32    to be notified of the  right  to  remain  silent  during  the
33    investigation  or  inquiry and the right to be represented in
34    the investigation or inquiry by a representative of  a  labor
 
                            -6-      LRB093 09325 DRH 14489 a
 1    organization  that  is  the  exclusive  collective bargaining
 2    representative  of  employees  of  the  Authority.  Any  such
 3    investigation or inquiry must be conducted in compliance with
 4    the provisions of  a  collective  bargaining  agreement  that
 5    applies to the employees of the Authority. Any recommendation
 6    for  discipline  or  any action taken against any employee by
 7    the Inspector General or any representative or agent  of  the
 8    Inspector  General  must  comply  with  the provisions of the
 9    collective bargaining agreement that applies to the employee.
10        (h)  The Inspector General shall provide to the Authority
11    and  the  General  Assembly  a   summary   of   reports   and
12    investigations  made  under  this  Section  for  the previous
13    fiscal year no  later  than  January  1  of  each  year.  The
14    summaries shall detail the final disposition of the Inspector
15    General's  recommendations.  The  summaries shall not contain
16    any confidential or identifying  information  concerning  the
17    subjects  of  the  reports  and investigations. The summaries
18    shall  also  include  detailed,  recommended   administrative
19    actions   and   matters  for  consideration  by  the  General
20    Assembly.

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