102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1581

 

Introduced 2/26/2021, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-10
5 ILCS 430/25-10
5 ILCS 430/30-5
15 ILCS 305/14
20 ILCS 505/35.5
20 ILCS 1305/1-17
305 ILCS 5/12-13.1
605 ILCS 10/8.5

    Amends the State Officials and Employees Ethics Act, the Secretary of State Act, the Children and Family Services Act, the Department of Human Services Act, the Illinois Public Aid Code, and the Toll Highway Act. In provisions concerning investigations conducted by each Executive Inspector General appointed by the Governor, the Attorney General, the Secretary of State, the Comptroller, and the Treasurer, requires each Executive Inspector General to notify the Department of State Police or other appropriate law enforcement authority within 24 hours after determining that there is reasonable suspicion to believe that a criminal act may have been committed or that special expertise may be required in an investigation. Provides that the Department of State Police shall investigate any report from an Executive Inspector General that indicates that a possible criminal act relating to bribery, the unlawful use or possession of a weapon, bodily injury or the immediate threat of bodily injury to another, a narcotics-related activity, a criminal sexual assault, or the death of another person has been committed by any officer or employee of, or vendor or other person doing business with a State agency within the jurisdiction of the reporting Executive Inspector General. Provides that all investigations conducted by an Executive Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. Imposes similar requirements on the Legislative Inspector General, the Auditor General Inspector General, and the Inspectors General for the Secretary of State, the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, and the Illinois State Toll Highway Authority.


LRB102 11796 RJF 17131 b

 

 

A BILL FOR

 

SB1581LRB102 11796 RJF 17131 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 20-10, 25-10, and 30-5 as
6follows:
 
7    (5 ILCS 430/20-10)
8    Sec. 20-10. Offices of Executive Inspectors General.
9    (a) Five independent Offices of the Executive Inspector
10General are created, one each for the Governor, the Attorney
11General, the Secretary of State, the Comptroller, and the
12Treasurer. Each Office shall be under the direction and
13supervision of an Executive Inspector General and shall be a
14fully independent office with separate appropriations.
15    (b) The Governor, Attorney General, Secretary of State,
16Comptroller, and Treasurer shall each appoint an Executive
17Inspector General, without regard to political affiliation and
18solely on the basis of integrity and demonstrated ability.
19Appointments shall be made by and with the advice and consent
20of the Senate by three-fifths of the elected members
21concurring by record vote. Any nomination not acted upon by
22the Senate within 60 session days of the receipt thereof shall
23be deemed to have received the advice and consent of the

 

 

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1Senate. If, during a recess of the Senate, there is a vacancy
2in an office of Executive Inspector General, the appointing
3authority shall make a temporary appointment until the next
4meeting of the Senate when the appointing authority shall make
5a nomination to fill that office. No person rejected for an
6office of Executive Inspector General shall, except by the
7Senate's request, be nominated again for that office at the
8same session of the Senate or be appointed to that office
9during a recess of that Senate.
10    Nothing in this Article precludes the appointment by the
11Governor, Attorney General, Secretary of State, Comptroller,
12or Treasurer of any other inspector general required or
13permitted by law. The Governor, Attorney General, Secretary of
14State, Comptroller, and Treasurer each may appoint an existing
15inspector general as the Executive Inspector General required
16by this Article, provided that such an inspector general is
17not prohibited by law, rule, jurisdiction, qualification, or
18interest from serving as the Executive Inspector General
19required by this Article. An appointing authority may not
20appoint a relative as an Executive Inspector General.
21    Each Executive Inspector General shall have the following
22qualifications:
23        (1) has not been convicted of any felony under the
24    laws of this State, another State, or the United States;
25        (2) has earned a baccalaureate degree from an
26    institution of higher education; and

 

 

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1        (3) has 5 or more years of cumulative service (A) with
2    a federal, State, or local law enforcement agency, at
3    least 2 years of which have been in a progressive
4    investigatory capacity; (B) as a federal, State, or local
5    prosecutor; (C) as a senior manager or executive of a
6    federal, State, or local agency; (D) as a member, an
7    officer, or a State or federal judge; or (E) representing
8    any combination of items (A) through (D).
9    The term of each initial Executive Inspector General shall
10commence upon qualification and shall run through June 30,
112008. The initial appointments shall be made within 60 days
12after the effective date of this Act.
13    After the initial term, each Executive Inspector General
14shall serve for 5-year terms commencing on July 1 of the year
15of appointment and running through June 30 of the fifth
16following year. An Executive Inspector General may be
17reappointed to one or more subsequent terms.
18    A vacancy occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the Executive Inspector General whose office is
21vacant.
22    Terms shall run regardless of whether the position is
23filled.
24    (c) The Executive Inspector General appointed by the
25Attorney General shall have jurisdiction over the Attorney
26General and all officers and employees of, and vendors and

 

 

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1others doing business with, State agencies within the
2jurisdiction of the Attorney General. The Executive Inspector
3General appointed by the Secretary of State shall have
4jurisdiction over the Secretary of State and all officers and
5employees of, and vendors and others doing business with,
6State agencies within the jurisdiction of the Secretary of
7State. The Executive Inspector General appointed by the
8Comptroller shall have jurisdiction over the Comptroller and
9all officers and employees of, and vendors and others doing
10business with, State agencies within the jurisdiction of the
11Comptroller. The Executive Inspector General appointed by the
12Treasurer shall have jurisdiction over the Treasurer and all
13officers and employees of, and vendors and others doing
14business with, State agencies within the jurisdiction of the
15Treasurer. The Executive Inspector General appointed by the
16Governor shall have jurisdiction over (i) the Governor, (ii)
17the Lieutenant Governor, (iii) all officers and employees of,
18and vendors and others doing business with, executive branch
19State agencies under the jurisdiction of the Executive Ethics
20Commission and not within the jurisdiction of the Attorney
21General, the Secretary of State, the Comptroller, or the
22Treasurer, and (iv) all board members and employees of the
23Regional Transit Boards and all vendors and others doing
24business with the Regional Transit Boards.
25    The jurisdiction of each Executive Inspector General is to
26investigate allegations of fraud, waste, abuse, mismanagement,

 

 

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1misconduct, nonfeasance, misfeasance, malfeasance, or
2violations of this Act or violations of other related laws and
3rules.
4    Within 24 hours after determining that there is reasonable
5suspicion to believe that a criminal act may have been
6committed or that special expertise may be required in an
7investigation, each Executive Inspector General shall notify
8the Department of State Police or other appropriate law
9enforcement authority, or ensure that such notification is
10made. The Department of State Police shall investigate any
11report from an Executive Inspector General that indicates that
12a possible criminal act relating to bribery, the unlawful use
13or possession of a weapon, bodily injury or the immediate
14threat of bodily injury to another, a narcotics-related
15activity, a criminal sexual assault, or the death of another
16person has been committed by any officer or employee of, or
17vendor or other person doing business with a State agency
18within the jurisdiction of the reporting Executive Inspector
19General. All investigations conducted by an Executive
20Inspector General shall be conducted in a manner designed to
21ensure the preservation of evidence for possible use in a
22criminal prosecution.
23    Each Executive Inspector General shall have jurisdiction
24over complainants in violation of subsection (e) of Section
2520-63 for disclosing a summary report prepared by the
26respective Executive Inspector General.

 

 

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1    (d) The compensation for each Executive Inspector General
2shall be determined by the Executive Ethics Commission and
3shall be made from appropriations made to the Comptroller for
4this purpose. Subject to Section 20-45 of this Act, each
5Executive Inspector General has full authority to organize his
6or her Office of the Executive Inspector General, including
7the employment and determination of the compensation of staff,
8such as deputies, assistants, and other employees, as
9appropriations permit. A separate appropriation shall be made
10for each Office of Executive Inspector General.
11    (e) No Executive Inspector General or employee of the
12Office of the Executive Inspector General may, during his or
13her term of appointment or employment:
14        (1) become a candidate for any elective office;
15        (2) hold any other elected or appointed public office
16    except for appointments on governmental advisory boards or
17    study commissions or as otherwise expressly authorized by
18    law;
19        (3) be actively involved in the affairs of any
20    political party or political organization; or
21        (4) advocate for the appointment of another person to
22    an appointed or elected office or position or actively
23    participate in any campaign for any elective office.
24    In this subsection an appointed public office means a
25position authorized by law that is filled by an appointing
26authority as provided by law and does not include employment

 

 

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1by hiring in the ordinary course of business.
2    (e-1) No Executive Inspector General or employee of the
3Office of the Executive Inspector General may, for one year
4after the termination of his or her appointment or employment:
5        (1) become a candidate for any elective office;
6        (2) hold any elected public office; or
7        (3) hold any appointed State, county, or local
8    judicial office.
9    (e-2) The requirements of item (3) of subsection (e-1) may
10be waived by the Executive Ethics Commission.
11    (f) An Executive Inspector General may be removed only for
12cause and may be removed only by the appointing constitutional
13officer. At the time of the removal, the appointing
14constitutional officer must report to the Executive Ethics
15Commission the justification for the removal.
16(Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
 
17    (5 ILCS 430/25-10)
18    Sec. 25-10. Office of Legislative Inspector General.
19    (a) The independent Office of the Legislative Inspector
20General is created. The Office shall be under the direction
21and supervision of the Legislative Inspector General and shall
22be a fully independent office with its own appropriation.
23    (b) The Legislative Inspector General shall be appointed
24without regard to political affiliation and solely on the
25basis of integrity and demonstrated ability. The Legislative

 

 

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1Ethics Commission shall diligently search out qualified
2candidates for Legislative Inspector General and shall make
3recommendations to the General Assembly. The Legislative
4Inspector General may serve in a full-time, part-time, or
5contractual capacity.
6    The Legislative Inspector General shall be appointed by a
7joint resolution of the Senate and the House of
8Representatives, which may specify the date on which the
9appointment takes effect. A joint resolution, or other
10document as may be specified by the Joint Rules of the General
11Assembly, appointing the Legislative Inspector General must be
12certified by the Speaker of the House of Representatives and
13the President of the Senate as having been adopted by the
14affirmative vote of three-fifths of the members elected to
15each house, respectively, and be filed with the Secretary of
16State. The appointment of the Legislative Inspector General
17takes effect on the day the appointment is completed by the
18General Assembly, unless the appointment specifies a later
19date on which it is to become effective.
20    The Legislative Inspector General shall have the following
21qualifications:
22        (1) has not been convicted of any felony under the
23    laws of this State, another state, or the United States;
24        (2) has earned a baccalaureate degree from an
25    institution of higher education; and
26        (3) has 5 or more years of cumulative service (A) with

 

 

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1    a federal, State, or local law enforcement agency, at
2    least 2 years of which have been in a progressive
3    investigatory capacity; (B) as a federal, State, or local
4    prosecutor; (C) as a senior manager or executive of a
5    federal, State, or local agency; (D) as a member, an
6    officer, or a State or federal judge; or (E) representing
7    any combination of items (A) through (D).
8    The Legislative Inspector General may not be a relative of
9a commissioner.
10    The term of the initial Legislative Inspector General
11shall commence upon qualification and shall run through June
1230, 2008.
13    After the initial term, the Legislative Inspector General
14shall serve for 5-year terms commencing on July 1 of the year
15of appointment and running through June 30 of the fifth
16following year. The Legislative Inspector General may be
17reappointed to one or more subsequent terms. Terms shall run
18regardless of whether the position is filled.
19    (b-5) A vacancy occurring other than at the end of a term
20shall be filled in the same manner as an appointment only for
21the balance of the term of the Legislative Inspector General
22whose office is vacant. Within 7 days of the Office becoming
23vacant or receipt of a Legislative Inspector General's
24prospective resignation, the vacancy shall be publicly posted
25on the Commission's website, along with a description of the
26requirements for the position and where applicants may apply.

 

 

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1    Within 45 days of the vacancy, the Commission shall
2designate an Acting Legislative Inspector General who shall
3serve until the vacancy is filled. The Commission shall file
4the designation in writing with the Secretary of State.
5    Within 60 days prior to the end of the term of the
6Legislative Inspector General or within 30 days of the
7occurrence of a vacancy in the Office of the Legislative
8Inspector General, the Legislative Ethics Commission shall
9establish a four-member search committee within the Commission
10for the purpose of conducting a search for qualified
11candidates to serve as Legislative Inspector General. The
12Speaker of the House of Representatives, Minority Leader of
13the House, Senate President, and Minority Leader of the Senate
14shall each appoint one member to the search committee. A
15member of the search committee shall be either a retired judge
16or former prosecutor and may not be a member or employee of the
17General Assembly or a registered lobbyist. If the Legislative
18Ethics Commission wishes to recommend that the Legislative
19Inspector General be re-appointed, a search committee does not
20need to be appointed.
21    The search committee shall conduct a search for qualified
22candidates, accept applications, and conduct interviews. The
23search committee shall recommend up to 3 candidates for
24Legislative Inspector General to the Legislative Ethics
25Commission. The search committee shall be disbanded upon an
26appointment of the Legislative Inspector General. Members of

 

 

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1the search committee are not entitled to compensation but
2shall be entitled to reimbursement of reasonable expenses
3incurred in connection with the performance of their duties.
4    Within 30 days after June 8, 2018 (the effective date of
5Public Act 100-588) this amendatory Act of the 100th General
6Assembly, the Legislative Ethics Commission shall create a
7search committee in the manner provided for in this subsection
8to recommend up to 3 candidates for Legislative Inspector
9General to the Legislative Ethics Commission by October 31,
102018.
11    If a vacancy exists and the Commission has not appointed
12an Acting Legislative Inspector General, either the staff of
13the Office of the Legislative Inspector General, or if there
14is no staff, the Executive Director, shall advise the
15Commission of all open investigations and any new allegations
16or complaints received in the Office of the Inspector General.
17These reports shall not include the name of any person
18identified in the allegation or complaint, including, but not
19limited to, the subject of and the person filing the
20allegation or complaint. Notification shall be made to the
21Commission on a weekly basis unless the Commission approves of
22a different reporting schedule.
23    If the Office of the Inspector General is vacant for 6
24months or more beginning on or after January 1, 2019, and the
25Legislative Ethics Commission has not appointed an Acting
26Legislative Inspector General, all complaints made to the

 

 

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1Legislative Inspector General or the Legislative Ethics
2Commission shall be directed to the Inspector General for the
3Auditor General, and he or she shall have the authority to act
4as provided in subsection (c) of this Section and Section
525-20 of this Act, and shall be subject to all laws and rules
6governing a Legislative Inspector General or Acting
7Legislative Inspector General. The authority for the Inspector
8General of the Auditor General under this paragraph shall
9terminate upon appointment of a Legislative Inspector General
10or an Acting Legislative Inspector General.
11    (c) The Legislative Inspector General shall have
12jurisdiction over the current and former members of the
13General Assembly regarding events occurring during a member's
14term of office and current and former State employees
15regarding events occurring during any period of employment
16where the State employee's ultimate jurisdictional authority
17is (i) a legislative leader, (ii) the Senate Operations
18Commission, or (iii) the Joint Committee on Legislative
19Support Services.
20    The jurisdiction of each Legislative Inspector General is
21to investigate allegations of fraud, waste, abuse,
22mismanagement, misconduct, nonfeasance, misfeasance,
23malfeasance, or violations of this Act or violations of other
24related laws and rules.
25    Within 24 hours after determining that there is reasonable
26suspicion to believe that a criminal act may have been

 

 

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1committed or that special expertise may be required in an
2investigation, the Legislative Inspector General shall notify
3the Department of State Police or other appropriate law
4enforcement authority, or ensure that such notification is
5made. The Department of State Police shall investigate any
6report from the Legislative Inspector General that indicates
7that a possible criminal act relating to bribery, the unlawful
8use or possession of a weapon, bodily injury or the immediate
9threat of bodily injury to another, a narcotics-related
10activity, a criminal sexual assault, or the death of another
11person has been committed by any member of the General
12Assembly or State employee under the jurisdiction of the
13Legislative Inspector General. All investigations conducted by
14the Legislative Inspector General shall be conducted in a
15manner designed to ensure the preservation of evidence for
16possible use in a criminal prosecution.
17    The Legislative Inspector General shall have jurisdiction
18over complainants in violation of subsection (e) of Section
1925-63 of this Act.
20    (d) The compensation of the Legislative Inspector General
21shall be the greater of an amount (i) determined (i) by the
22Commission or (ii) by joint resolution of the General Assembly
23passed by a majority of members elected in each chamber.
24Subject to Section 25-45 of this Act, the Legislative
25Inspector General has full authority to organize the Office of
26the Legislative Inspector General, including the employment

 

 

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1and determination of the compensation of staff, such as
2deputies, assistants, and other employees, as appropriations
3permit. Employment of staff is subject to the approval of at
4least 3 of the 4 legislative leaders.
5    (e) No Legislative Inspector General or employee of the
6Office of the Legislative Inspector General may, during his or
7her term of appointment or employment:
8        (1) become a candidate for any elective office;
9        (2) hold any other elected or appointed public office
10    except for appointments on governmental advisory boards or
11    study commissions or as otherwise expressly authorized by
12    law;
13        (3) be actively involved in the affairs of any
14    political party or political organization; or
15        (4) actively participate in any campaign for any
16    elective office.
17    A full-time Legislative Inspector General shall not engage
18in the practice of law or any other business, employment, or
19vocation.
20    In this subsection an appointed public office means a
21position authorized by law that is filled by an appointing
22authority as provided by law and does not include employment
23by hiring in the ordinary course of business.
24    (e-1) No Legislative Inspector General or employee of the
25Office of the Legislative Inspector General may, for one year
26after the termination of his or her appointment or employment:

 

 

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1        (1) become a candidate for any elective office;
2        (2) hold any elected public office; or
3        (3) hold any appointed State, county, or local
4    judicial office.
5    (e-2) The requirements of item (3) of subsection (e-1) may
6be waived by the Legislative Ethics Commission.
7    (f) The Commission may remove the Legislative Inspector
8General only for cause. At the time of the removal, the
9Commission must report to the General Assembly the
10justification for the removal.
11(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
12revised 9-12-19.)
 
13    (5 ILCS 430/30-5)
14    Sec. 30-5. Appointment of Inspector General.
15    (a) The Auditor General shall appoint an Inspector General
16(i) to investigate allegations of violations of Articles 5 and
1710 by State officers and employees under his or her
18jurisdiction and (ii) to perform other duties and exercise
19other powers assigned to the Inspectors General by this or any
20other Act. The Inspector General shall be appointed within 6
21months after the effective date of this Act.
22    (b) The Auditor General shall provide by rule for the
23operation of his or her Inspector General. It is declared to be
24in the public interest, safety, and welfare that the Auditor
25General adopt emergency rules under the Illinois

 

 

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1Administrative Procedure Act to initially perform his or her
2duties under this subsection.
3    (c) The Auditor General may appoint an existing inspector
4general as the Inspector General required by this Article,
5provided that such an inspector general is not prohibited by
6law, rule, jurisdiction, qualification, or interest from
7serving as the Inspector General required by this Article.
8    The Auditor General may not appoint a relative as the
9Inspector General required by this Article.
10    (d) Within 24 hours after determining that there is
11reasonable suspicion to believe that a criminal act may have
12been committed or that special expertise may be required in an
13investigation, the Inspector General shall notify the
14Department of State Police or other appropriate law
15enforcement authority, or ensure that such notification is
16made. The Department of State Police shall investigate any
17report from the Inspector General that indicates that a
18possible criminal act relating to bribery, the unlawful use or
19possession of a weapon, bodily injury or the immediate threat
20of bodily injury to another, a narcotics-related activity, a
21criminal sexual assault, or the death of another person has
22been committed by a State officer or employee under the
23Inspector General's jurisdiction. All investigations conducted
24by the Inspector General shall be conducted in a manner
25designed to ensure the preservation of evidence for possible
26use in a criminal prosecution.

 

 

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1(Source: P.A. 93-617, eff. 12-9-03.)
 
2    Section 10. The Secretary of State Act is amended by
3changing Section 14 as follows:
 
4    (15 ILCS 305/14)
5    Sec. 14. Inspector General.
6    (a) The Secretary of State must, with the advice and
7consent of the Senate, appoint an Inspector General for the
8purpose of detection, deterrence, and prevention of fraud,
9corruption, mismanagement, gross or aggravated misconduct, or
10misconduct that may be criminal in nature in the Office of the
11Secretary of State. The Inspector General shall serve a 5-year
12term. If no successor is appointed and qualified upon the
13expiration of the Inspector General's term, the Office of
14Inspector General is deemed vacant and the powers and duties
15under this Section may be exercised only by an appointed and
16qualified interim Inspector General until a successor
17Inspector General is appointed and qualified. If the General
18Assembly is not in session when a vacancy in the Office of
19Inspector General occurs, the Secretary of State may appoint
20an interim Inspector General whose term shall expire 2 weeks
21after the next regularly scheduled session day of the Senate.
22    (b) The Inspector General shall have the following
23qualifications:
24        (1) has not been convicted of any felony under the

 

 

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1    laws of this State, another State, or the United States;
2        (2) has earned a baccalaureate degree from an
3    institution of higher education; and
4        (3) has either (A) 5 or more years of service with a
5    federal, State, or local law enforcement agency, at least
6    2 years of which have been in a progressive investigatory
7    capacity; (B) 5 or more years of service as a federal,
8    State, or local prosecutor; or (C) 5 or more years of
9    service as a senior manager or executive of a federal,
10    State, or local agency.
11    (c) The Inspector General may review, coordinate, and
12recommend methods and procedures to increase the integrity of
13the Office of the Secretary of State. The duties of the
14Inspector General shall supplement and not supplant the duties
15of the Chief Auditor for the Secretary of State's Office or any
16other Inspector General that may be authorized by law. The
17Inspector General must report directly to the Secretary of
18State.
19    (d) In addition to the authority otherwise provided by
20this Section, but only when investigating the Office of the
21Secretary of State, its employees, or their actions for fraud,
22corruption, mismanagement, gross or aggravated misconduct, or
23misconduct that may be criminal in nature, the Inspector
24General is authorized:
25        (1) To have access to all records, reports, audits,
26    reviews, documents, papers, recommendations, or other

 

 

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1    materials available that relate to programs and operations
2    with respect to which the Inspector General has
3    responsibilities under this Section.
4        (2) To make any investigations and reports relating to
5    the administration of the programs and operations of the
6    Office of the Secretary of State that are, in the judgment
7    of the Inspector General, necessary or desirable.
8        (3) To request any information or assistance that may
9    be necessary for carrying out the duties and
10    responsibilities provided by this Section from any local,
11    State, or federal governmental agency or unit thereof.
12        (4) To require by subpoena the appearance of witnesses
13    and the production of all information, documents, reports,
14    answers, records, accounts, papers, and other data and
15    documentary evidence necessary in the performance of the
16    functions assigned by this Section, with the exception of
17    subsection (c) and with the exception of records of a
18    labor organization authorized and recognized under the
19    Illinois Public Labor Relations Act to be the exclusive
20    bargaining representative of employees of the Secretary of
21    State, including, but not limited to, records of
22    representation of employees and the negotiation of
23    collective bargaining agreements. A subpoena may be issued
24    under this paragraph (4) only by the Inspector General and
25    not by members of the Inspector General's staff. A person
26    duly subpoenaed for testimony, documents, or other items

 

 

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1    who neglects or refuses to testify or produce documents or
2    other items under the requirements of the subpoena shall
3    be subject to punishment as may be determined by a court of
4    competent jurisdiction, unless (i) the testimony,
5    documents, or other items are covered by the
6    attorney-client privilege or any other privilege or right
7    recognized by law or (ii) the testimony, documents, or
8    other items concern the representation of employees and
9    the negotiation of collective bargaining agreements by a
10    labor organization authorized and recognized under the
11    Illinois Public Labor Relations Act to be the exclusive
12    bargaining representative of employees of the Secretary of
13    State. Nothing in this Section limits a person's right to
14    protection against self-incrimination under the Fifth
15    Amendment of the United States Constitution or Article I,
16    Section 10, of the Constitution of the State of Illinois.
17        (5) To have direct and prompt access to the Secretary
18    of State for any purpose pertaining to the performance of
19    functions and responsibilities under this Section.
20    (d-5) In addition to the authority otherwise provided by
21this Section, the Secretary of State Inspector General shall
22have jurisdiction to investigate complaints and allegations of
23wrongdoing by any person or entity related to the Lobbyist
24Registration Act. When investigating those complaints and
25allegations, the Inspector General is authorized:
26        (1) To have access to all records, reports, audits,

 

 

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1    reviews, documents, papers, recommendations, or other
2    materials available that relate to programs and operations
3    with respect to which the Inspector General has
4    responsibilities under this Section.
5        (2) To request any information or assistance that may
6    be necessary for carrying out the duties and
7    responsibilities provided by this Section from any local,
8    State, or federal governmental agency or unit thereof.
9        (3) To require by subpoena the appearance of witnesses
10    and the production of all information, documents, reports,
11    answers, records, accounts, papers, and other data and
12    documentary evidence necessary in the performance of the
13    functions assigned by this Section. A subpoena may be
14    issued under this paragraph (3) only by the Inspector
15    General and not by members of the Inspector General's
16    staff. A person duly subpoenaed for testimony, documents,
17    or other items who neglects or refuses to testify or
18    produce documents or other items under the requirements of
19    the subpoena shall be subject to punishment as may be
20    determined by a court of competent jurisdiction, unless
21    the testimony, documents, or other items are covered by
22    the attorney-client privilege or any other privilege or
23    right recognized by law. Nothing in this Section limits a
24    person's right to protection against self-incrimination
25    under the Fifth Amendment of the United States
26    Constitution or Section 10 of Article I of the

 

 

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1    Constitution of the State of Illinois.
2        (4) To have direct and prompt access to the Secretary
3    of State for any purpose pertaining to the performance of
4    functions and responsibilities under this Section.
5        (5) As provided in subsection (d) of Section 5 of the
6    Lobbyist Registration Act, to review allegations that an
7    individual required to be registered under the Lobbyist
8    Registration Act has engaged in one or more acts of sexual
9    harassment. Upon completion of that review, the Inspector
10    General shall submit a summary of the review to the
11    Executive Ethics Commission. The Inspector General is
12    authorized to file pleadings with the Executive Ethics
13    Commission, through the Attorney General, if the Attorney
14    General finds that reasonable cause exists to believe that
15    a violation regarding acts of sexual harassment has
16    occurred. The Secretary shall adopt rules setting forth
17    the procedures for the review of such allegations.
18    (e) The Inspector General may receive and investigate
19complaints or information concerning the possible existence of
20an activity constituting a violation of law, rules, or
21regulations; mismanagement; abuse of authority; or substantial
22and specific danger to the public health and safety. Any
23person who knowingly files a false complaint or files a
24complaint with reckless disregard for the truth or the falsity
25of the facts underlying the complaint may be subject to
26discipline as set forth in the rules of the Department of

 

 

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1Personnel of the Secretary of State or the Inspector General
2may refer the matter to a State's Attorney or the Attorney
3General.
4    The Inspector General may not, after receipt of a
5complaint or information, disclose the identity of the source
6without the consent of the source, unless the Inspector
7General determines that disclosure of the identity is
8reasonable and necessary for the furtherance of the
9investigation.
10    Any employee who has the authority to recommend or approve
11any personnel action or to direct others to recommend or
12approve any personnel action may not, with respect to that
13authority, take or threaten to take any action against any
14employee as a reprisal for making a complaint or disclosing
15information to the Inspector General, unless the complaint was
16made or the information disclosed with the knowledge that it
17was false or with willful disregard for its truth or falsity.
18    (e-5) Within 24 hours after determining that there is
19reasonable suspicion to believe that a criminal act may have
20been committed or that special expertise may be required in an
21investigation, the Inspector General shall notify the
22Department of State Police or other appropriate law
23enforcement authority, or ensure that such notification is
24made. The Department of State Police shall investigate any
25report from the Inspector General that indicates that a
26possible criminal act relating to bribery, the unlawful use or

 

 

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1possession of a weapon, bodily injury or the immediate threat
2of bodily injury to another, a narcotics-related activity, a
3criminal sexual assault, or the death of another person has
4been committed by any person or entity under the Inspector
5General's jurisdiction. All investigations conducted by the
6Inspector General shall be conducted in a manner designed to
7ensure the preservation of evidence for possible use in a
8criminal prosecution.
9    (f) The Inspector General must adopt rules, in accordance
10with the provisions of the Illinois Administrative Procedure
11Act, establishing minimum requirements for initiating,
12conducting, and completing investigations. The rules must
13establish criteria for determining, based upon the nature of
14the allegation, the appropriate method of investigation, which
15may include, but is not limited to, site visits, telephone
16contacts, personal interviews, or requests for written
17responses. The rules must also clarify how the Office of the
18Inspector General shall interact with other local, State, and
19federal law enforcement investigations.
20    Any employee of the Secretary of State subject to
21investigation or inquiry by the Inspector General or any agent
22or representative of the Inspector General concerning
23misconduct that is criminal in nature shall have the right to
24be notified of the right to remain silent during the
25investigation or inquiry and the right to be represented in
26the investigation or inquiry by an attorney or a

 

 

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1representative of a labor organization that is the exclusive
2collective bargaining representative of employees of the
3Secretary of State. Any investigation or inquiry by the
4Inspector General or any agent or representative of the
5Inspector General must be conducted with an awareness of the
6provisions of a collective bargaining agreement that applies
7to the employees of the Secretary of State and with an
8awareness of the rights of the employees as set forth in State
9and federal law and applicable judicial decisions. Any
10recommendations for discipline or any action taken against any
11employee by the Inspector General or any representative or
12agent of the Inspector General must comply with the provisions
13of the collective bargaining agreement that applies to the
14employee.
15    (g) On or before January 1 of each year, the Inspector
16General shall report to the President of the Senate, the
17Minority Leader of the Senate, the Speaker of the House of
18Representatives, and the Minority Leader of the House of
19Representatives on the types of investigations and the
20activities undertaken by the Office of the Inspector General
21during the previous calendar year.
22(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
23    Section 15. The Children and Family Services Act is
24amended by changing Section 35.5 as follows:
 

 

 

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1    (20 ILCS 505/35.5)
2    Sec. 35.5. Inspector General.
3    (a) The Governor shall appoint, and the Senate shall
4confirm, an Inspector General who shall have the authority to
5conduct investigations into allegations of or incidents of
6possible misconduct, misfeasance, malfeasance, or violations
7of rules, procedures, or laws by any employee, foster parent,
8service provider, or contractor of the Department of Children
9and Family Services, except for allegations of violations of
10the State Officials and Employees Ethics Act which shall be
11referred to the Office of the Governor's Executive Inspector
12General for investigation. The Inspector General shall make
13recommendations to the Director of Children and Family
14Services concerning sanctions or disciplinary actions against
15Department employees or providers of service under contract to
16the Department. The Director of Children and Family Services
17shall provide the Inspector General with an implementation
18report on the status of any corrective actions taken on
19recommendations under review and shall continue sending
20updated reports until the corrective action is completed. The
21Director shall provide a written response to the Inspector
22General indicating the status of any sanctions or disciplinary
23actions against employees or providers of service involving
24any investigation subject to review. In any case, information
25included in the reports to the Inspector General and
26Department responses shall be subject to the public disclosure

 

 

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1requirements of the Abused and Neglected Child Reporting Act.
2Any investigation conducted by the Inspector General shall be
3independent and separate from the investigation mandated by
4the Abused and Neglected Child Reporting Act. The Inspector
5General shall be appointed for a term of 4 years. The Inspector
6General shall function independently within the Department of
7Children and Family Services with respect to the operations of
8the Office of Inspector General, including the performance of
9investigations and issuance of findings and recommendations,
10and shall report to the Director of Children and Family
11Services and the Governor and perform other duties the
12Director may designate. The Inspector General shall adopt
13rules as necessary to carry out the functions, purposes, and
14duties of the office of Inspector General in the Department of
15Children and Family Services, in accordance with the Illinois
16Administrative Procedure Act and any other applicable law.
17    (b) The Inspector General shall have access to all
18information and personnel necessary to perform the duties of
19the office. To minimize duplication of efforts, and to assure
20consistency and conformance with the requirements and
21procedures established in the B.H. v. Suter consent decree and
22to share resources when appropriate, the Inspector General
23shall coordinate his or her activities with the Bureau of
24Quality Assurance within the Department.
25    (c) The Inspector General shall be the primary liaison
26between the Department and the Department of State Police with

 

 

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1regard to investigations conducted under the Inspector
2General's auspices. Within 24 hours after determining that
3there is reasonable suspicion to believe that a criminal act
4may have been committed or that special expertise may be
5required in an investigation, the Inspector General shall
6notify the Department of State Police or other appropriate law
7enforcement authority, or ensure that such notification is
8made. The Department of State Police shall investigate any
9report from a child care facility or any other facility
10licensed by the Department of Children and Family Services
11that indicates that a possible criminal act relating to
12bribery, the unlawful use or possession of a weapon, bodily
13injury or the immediate threat of bodily injury to another, a
14narcotics-related activity, a criminal sexual assault, or the
15death of another person has been committed by a facility
16employee. All investigations conducted by the Inspector
17General shall be conducted in a manner designed to ensure the
18preservation of evidence for possible use in a criminal
19prosecution. If the Inspector General determines that a
20possible criminal act has been committed, or that special
21expertise is required in the investigation, he or she shall
22immediately notify the Department of State Police. All
23investigations conducted by the Inspector General shall be
24conducted in a manner designed to ensure the preservation of
25evidence for possible use in a criminal prosecution.
26    (d) The Inspector General may recommend to the Department

 

 

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1of Children and Family Services, the Department of Public
2Health, or any other appropriate agency, sanctions to be
3imposed against service providers under the jurisdiction of or
4under contract with the Department for the protection of
5children in the custody or under the guardianship of the
6Department who received services from those providers. The
7Inspector General may seek the assistance of the Attorney
8General or any of the several State's Attorneys in imposing
9sanctions.
10    (e) The Inspector General shall at all times be granted
11access to any foster home, facility, or program operated for
12or licensed or funded by the Department.
13    (f) Nothing in this Section shall limit investigations by
14the Department of Children and Family Services that may
15otherwise be required by law or that may be necessary in that
16Department's capacity as the central administrative authority
17for child welfare.
18    (g) The Inspector General shall have the power to subpoena
19witnesses and compel the production of books and papers
20pertinent to an investigation authorized by this Act. The
21power to subpoena or to compel the production of books and
22papers, however, shall not extend to the person or documents
23of a labor organization or its representatives insofar as the
24person or documents of a labor organization relate to the
25function of representing an employee subject to investigation
26under this Act. Any person who fails to appear in response to a

 

 

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1subpoena or to answer any question or produce any books or
2papers pertinent to an investigation under this Act, except as
3otherwise provided in this Section, or who knowingly gives
4false testimony in relation to an investigation under this Act
5is guilty of a Class A misdemeanor.
6    (h) The Inspector General shall provide to the General
7Assembly and the Governor, no later than January 1 of each
8year, a summary of reports and investigations made under this
9Section for the prior fiscal year. The summaries shall detail
10the imposition of sanctions and the final disposition of those
11recommendations. The summaries shall not contain any
12confidential or identifying information concerning the
13subjects of the reports and investigations. The summaries also
14shall include detailed recommended administrative actions and
15matters for consideration by the General Assembly.
16(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
 
17    Section 20. The Department of Human Services Act is
18amended by changing Section 1-17 as follows:
 
19    (20 ILCS 1305/1-17)
20    Sec. 1-17. Inspector General.
21    (a) Nature and purpose. It is the express intent of the
22General Assembly to ensure the health, safety, and financial
23condition of individuals receiving services in this State due
24to mental illness, developmental disability, or both by

 

 

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1protecting those persons from acts of abuse, neglect, or both
2by service providers. To that end, the Office of the Inspector
3General for the Department of Human Services is created to
4investigate and report upon allegations of the abuse, neglect,
5or financial exploitation of individuals receiving services
6within mental health facilities, developmental disabilities
7facilities, and community agencies operated, licensed, funded,
8or certified by the Department of Human Services, but not
9licensed or certified by any other State agency.
10    (b) Definitions. The following definitions apply to this
11Section:
12    "Adult student with a disability" means an adult student,
13age 18 through 21, inclusive, with an Individual Education
14Program, other than a resident of a facility licensed by the
15Department of Children and Family Services in accordance with
16the Child Care Act of 1969. For purposes of this definition,
17"through age 21, inclusive", means through the day before the
18student's 22nd birthday.
19    "Agency" or "community agency" means (i) a community
20agency licensed, funded, or certified by the Department, but
21not licensed or certified by any other human services agency
22of the State, to provide mental health service or
23developmental disabilities service, or (ii) a program
24licensed, funded, or certified by the Department, but not
25licensed or certified by any other human services agency of
26the State, to provide mental health service or developmental

 

 

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1disabilities service.
2    "Aggravating circumstance" means a factor that is
3attendant to a finding and that tends to compound or increase
4the culpability of the accused.
5    "Allegation" means an assertion, complaint, suspicion, or
6incident involving any of the following conduct by an
7employee, facility, or agency against an individual or
8individuals: mental abuse, physical abuse, sexual abuse,
9neglect, or financial exploitation.
10    "Day" means working day, unless otherwise specified.
11    "Deflection" means a situation in which an individual is
12presented for admission to a facility or agency, and the
13facility staff or agency staff do not admit the individual.
14"Deflection" includes triage, redirection, and denial of
15admission.
16    "Department" means the Department of Human Services.
17    "Developmental disability" means "developmental
18disability" as defined in the Mental Health and Developmental
19Disabilities Code.
20    "Egregious neglect" means a finding of neglect as
21determined by the Inspector General that (i) represents a
22gross failure to adequately provide for, or a callused
23indifference to, the health, safety, or medical needs of an
24individual and (ii) results in an individual's death or other
25serious deterioration of an individual's physical condition or
26mental condition.

 

 

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1    "Employee" means any person who provides services at the
2facility or agency on-site or off-site. The service
3relationship can be with the individual or with the facility
4or agency. Also, "employee" includes any employee or
5contractual agent of the Department of Human Services or the
6community agency involved in providing or monitoring or
7administering mental health or developmental disability
8services. This includes but is not limited to: owners,
9operators, payroll personnel, contractors, subcontractors, and
10volunteers.
11    "Facility" or "State-operated facility" means a mental
12health facility or developmental disabilities facility
13operated by the Department.
14    "Financial exploitation" means taking unjust advantage of
15an individual's assets, property, or financial resources
16through deception, intimidation, or conversion for the
17employee's, facility's, or agency's own advantage or benefit.
18    "Finding" means the Office of Inspector General's
19determination regarding whether an allegation is
20substantiated, unsubstantiated, or unfounded.
21    "Health Care Worker Registry" or "Registry" means the
22Health Care Worker Registry under the Health Care Worker
23Background Check Act.
24    "Individual" means any person receiving mental health
25service, developmental disabilities service, or both from a
26facility or agency, while either on-site or off-site.

 

 

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1    "Mental abuse" means the use of demeaning, intimidating,
2or threatening words, signs, gestures, or other actions by an
3employee about an individual and in the presence of an
4individual or individuals that results in emotional distress
5or maladaptive behavior, or could have resulted in emotional
6distress or maladaptive behavior, for any individual present.
7    "Mental illness" means "mental illness" as defined in the
8Mental Health and Developmental Disabilities Code.
9    "Mentally ill" means having a mental illness.
10    "Mitigating circumstance" means a condition that (i) is
11attendant to a finding, (ii) does not excuse or justify the
12conduct in question, but (iii) may be considered in evaluating
13the severity of the conduct, the culpability of the accused,
14or both the severity of the conduct and the culpability of the
15accused.
16    "Neglect" means an employee's, agency's, or facility's
17failure to provide adequate medical care, personal care, or
18maintenance and that, as a consequence, (i) causes an
19individual pain, injury, or emotional distress, (ii) results
20in either an individual's maladaptive behavior or the
21deterioration of an individual's physical condition or mental
22condition, or (iii) places the individual's health or safety
23at substantial risk.
24    "Person with a developmental disability" means a person
25having a developmental disability.
26    "Physical abuse" means an employee's non-accidental and

 

 

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1inappropriate contact with an individual that causes bodily
2harm. "Physical abuse" includes actions that cause bodily harm
3as a result of an employee directing an individual or person to
4physically abuse another individual.
5    "Recommendation" means an admonition, separate from a
6finding, that requires action by the facility, agency, or
7Department to correct a systemic issue, problem, or deficiency
8identified during an investigation.
9    "Required reporter" means any employee who suspects,
10witnesses, or is informed of an allegation of any one or more
11of the following: mental abuse, physical abuse, sexual abuse,
12neglect, or financial exploitation.
13    "Secretary" means the Chief Administrative Officer of the
14Department.
15    "Sexual abuse" means any sexual contact or intimate
16physical contact between an employee and an individual,
17including an employee's coercion or encouragement of an
18individual to engage in sexual behavior that results in sexual
19contact, intimate physical contact, sexual behavior, or
20intimate physical behavior. Sexual abuse also includes (i) an
21employee's actions that result in the sending or showing of
22sexually explicit images to an individual via computer,
23cellular phone, electronic mail, portable electronic device,
24or other media with or without contact with the individual or
25(ii) an employee's posting of sexually explicit images of an
26individual online or elsewhere whether or not there is contact

 

 

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1with the individual.
2    "Sexually explicit images" includes, but is not limited
3to, any material which depicts nudity, sexual conduct, or
4sado-masochistic abuse, or which contains explicit and
5detailed verbal descriptions or narrative accounts of sexual
6excitement, sexual conduct, or sado-masochistic abuse.
7    "Substantiated" means there is a preponderance of the
8evidence to support the allegation.
9    "Unfounded" means there is no credible evidence to support
10the allegation.
11    "Unsubstantiated" means there is credible evidence, but
12less than a preponderance of evidence to support the
13allegation.
14    (c) Appointment. The Governor shall appoint, and the
15Senate shall confirm, an Inspector General. The Inspector
16General shall be appointed for a term of 4 years and shall
17function within the Department of Human Services and report to
18the Secretary and the Governor.
19    (d) Operation and appropriation. The Inspector General
20shall function independently within the Department with
21respect to the operations of the Office, including the
22performance of investigations and issuance of findings and
23recommendations. The appropriation for the Office of Inspector
24General shall be separate from the overall appropriation for
25the Department.
26    (e) Powers and duties. The Inspector General shall

 

 

SB1581- 37 -LRB102 11796 RJF 17131 b

1investigate reports of suspected mental abuse, physical abuse,
2sexual abuse, neglect, or financial exploitation of
3individuals in any mental health or developmental disabilities
4facility or agency and shall have authority to take immediate
5action to prevent any one or more of the following from
6happening to individuals under its jurisdiction: mental abuse,
7physical abuse, sexual abuse, neglect, or financial
8exploitation. Upon written request of an agency of this State,
9the Inspector General may assist another agency of the State
10in investigating reports of the abuse, neglect, or abuse and
11neglect of persons with mental illness, persons with
12developmental disabilities, or persons with both. To comply
13with the requirements of subsection (k) of this Section, the
14Inspector General shall also review all reportable deaths for
15which there is no allegation of abuse or neglect. Nothing in
16this Section shall preempt any duties of the Medical Review
17Board set forth in the Mental Health and Developmental
18Disabilities Code. The Inspector General shall have no
19authority to investigate alleged violations of the State
20Officials and Employees Ethics Act. Allegations of misconduct
21under the State Officials and Employees Ethics Act shall be
22referred to the Office of the Governor's Executive Inspector
23General for investigation.
24    (f) Limitations. The Inspector General shall not conduct
25an investigation within an agency or facility if that
26investigation would be redundant to or interfere with an

 

 

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1investigation conducted by another State agency. The Inspector
2General shall have no supervision over, or involvement in, the
3routine programmatic, licensing, funding, or certification
4operations of the Department. Nothing in this subsection
5limits investigations by the Department that may otherwise be
6required by law or that may be necessary in the Department's
7capacity as central administrative authority responsible for
8the operation of the State's mental health and developmental
9disabilities facilities.
10    (g) Rulemaking authority. The Inspector General shall
11promulgate rules establishing minimum requirements for
12reporting allegations as well as for initiating, conducting,
13and completing investigations based upon the nature of the
14allegation or allegations. The rules shall clearly establish
15that if 2 or more State agencies could investigate an
16allegation, the Inspector General shall not conduct an
17investigation that would be redundant to, or interfere with,
18an investigation conducted by another State agency. The rules
19shall further clarify the method and circumstances under which
20the Office of Inspector General may interact with the
21licensing, funding, or certification units of the Department
22in preventing further occurrences of mental abuse, physical
23abuse, sexual abuse, neglect, egregious neglect, and financial
24exploitation.
25    (h) Training programs. The Inspector General shall (i)
26establish a comprehensive program to ensure that every person

 

 

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1authorized to conduct investigations receives ongoing training
2relative to investigation techniques, communication skills,
3and the appropriate means of interacting with persons
4receiving treatment for mental illness, developmental
5disability, or both mental illness and developmental
6disability, and (ii) establish and conduct periodic training
7programs for facility and agency employees concerning the
8prevention and reporting of any one or more of the following:
9mental abuse, physical abuse, sexual abuse, neglect, egregious
10neglect, or financial exploitation. The Inspector General
11shall further ensure (i) every person authorized to conduct
12investigations at community agencies receives ongoing training
13in Title 59, Parts 115, 116, and 119 of the Illinois
14Administrative Code, and (ii) every person authorized to
15conduct investigations shall receive ongoing training in Title
1659, Part 50 of the Illinois Administrative Code. Nothing in
17this Section shall be deemed to prevent the Office of
18Inspector General from conducting any other training as
19determined by the Inspector General to be necessary or
20helpful.
21    (i) Duty to cooperate.
22        (1) The Inspector General shall at all times be
23    granted access to any facility or agency for the purpose
24    of investigating any allegation, conducting unannounced
25    site visits, monitoring compliance with a written
26    response, or completing any other statutorily assigned

 

 

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1    duty. The Inspector General shall conduct unannounced site
2    visits to each facility at least annually for the purpose
3    of reviewing and making recommendations on systemic issues
4    relative to preventing, reporting, investigating, and
5    responding to all of the following: mental abuse, physical
6    abuse, sexual abuse, neglect, egregious neglect, or
7    financial exploitation.
8        (2) Any employee who fails to cooperate with an Office
9    of the Inspector General investigation is in violation of
10    this Act. Failure to cooperate with an investigation
11    includes, but is not limited to, any one or more of the
12    following: (i) creating and transmitting a false report to
13    the Office of the Inspector General hotline, (ii)
14    providing false information to an Office of the Inspector
15    General Investigator during an investigation, (iii)
16    colluding with other employees to cover up evidence, (iv)
17    colluding with other employees to provide false
18    information to an Office of the Inspector General
19    investigator, (v) destroying evidence, (vi) withholding
20    evidence, or (vii) otherwise obstructing an Office of the
21    Inspector General investigation. Additionally, any
22    employee who, during an unannounced site visit or written
23    response compliance check, fails to cooperate with
24    requests from the Office of the Inspector General is in
25    violation of this Act.
26    (j) Subpoena powers. The Inspector General shall have the

 

 

SB1581- 41 -LRB102 11796 RJF 17131 b

1power to subpoena witnesses and compel the production of all
2documents and physical evidence relating to his or her
3investigations and any hearings authorized by this Act. This
4subpoena power shall not extend to persons or documents of a
5labor organization or its representatives insofar as the
6persons are acting in a representative capacity to an employee
7whose conduct is the subject of an investigation or the
8documents relate to that representation. Any person who
9otherwise fails to respond to a subpoena or who knowingly
10provides false information to the Office of the Inspector
11General by subpoena during an investigation is guilty of a
12Class A misdemeanor.
13    (k) Reporting allegations and deaths.
14        (1) Allegations. If an employee witnesses, is told of,
15    or has reason to believe an incident of mental abuse,
16    physical abuse, sexual abuse, neglect, or financial
17    exploitation has occurred, the employee, agency, or
18    facility shall report the allegation by phone to the
19    Office of the Inspector General hotline according to the
20    agency's or facility's procedures, but in no event later
21    than 4 hours after the initial discovery of the incident,
22    allegation, or suspicion of any one or more of the
23    following: mental abuse, physical abuse, sexual abuse,
24    neglect, or financial exploitation. A required reporter as
25    defined in subsection (b) of this Section who knowingly or
26    intentionally fails to comply with these reporting

 

 

SB1581- 42 -LRB102 11796 RJF 17131 b

1    requirements is guilty of a Class A misdemeanor.
2        (2) Deaths. Absent an allegation, a required reporter
3    shall, within 24 hours after initial discovery, report by
4    phone to the Office of the Inspector General hotline each
5    of the following:
6            (i) Any death of an individual occurring within 14
7        calendar days after discharge or transfer of the
8        individual from a residential program or facility.
9            (ii) Any death of an individual occurring within
10        24 hours after deflection from a residential program
11        or facility.
12            (iii) Any other death of an individual occurring
13        at an agency or facility or at any Department-funded
14        site.
15        (3) Retaliation. It is a violation of this Act for any
16    employee or administrator of an agency or facility to take
17    retaliatory action against an employee who acts in good
18    faith in conformance with his or her duties as a required
19    reporter.
20    (l) Reporting to law enforcement.
21        (1) Reporting criminal acts. Within 24 hours after
22    determining that there is reasonable suspicion to believe
23    credible evidence indicating that a criminal act may have
24    been committed or that special expertise may be required
25    in an investigation, the Inspector General shall notify
26    the Department of State Police or other appropriate law

 

 

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1    enforcement authority, or ensure that such notification is
2    made. The Department of State Police shall investigate any
3    report from a State-operated facility that indicates that
4    a possible criminal act relating to bribery, the unlawful
5    use or possession of a weapon, bodily injury or the
6    immediate threat of bodily injury to another, a
7    narcotics-related activity, a criminal sexual assault, or
8    the death of another person has been committed indicating
9    a possible murder, sexual assault, or other felony by an
10    employee. All investigations conducted by the Inspector
11    General shall be conducted in a manner designed to ensure
12    the preservation of evidence for possible use in a
13    criminal prosecution.
14        (2) Reporting allegations of adult students with
15    disabilities. Upon receipt of a reportable allegation
16    regarding an adult student with a disability, the
17    Department's Office of the Inspector General shall
18    determine whether the allegation meets the criteria for
19    the Domestic Abuse Program under the Abuse of Adults with
20    Disabilities Intervention Act. If the allegation is
21    reportable to that program, the Office of the Inspector
22    General shall initiate an investigation. If the allegation
23    is not reportable to the Domestic Abuse Program, the
24    Office of the Inspector General shall make an expeditious
25    referral to the respective law enforcement entity. If the
26    alleged victim is already receiving services from the

 

 

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1    Department, the Office of the Inspector General shall also
2    make a referral to the respective Department of Human
3    Services' Division or Bureau.
4    (m) Investigative reports. Upon completion of an
5investigation, the Office of Inspector General shall issue an
6investigative report identifying whether the allegations are
7substantiated, unsubstantiated, or unfounded. Within 10
8business days after the transmittal of a completed
9investigative report substantiating an allegation, finding an
10allegation is unsubstantiated, or if a recommendation is made,
11the Inspector General shall provide the investigative report
12on the case to the Secretary and to the director of the
13facility or agency where any one or more of the following
14occurred: mental abuse, physical abuse, sexual abuse, neglect,
15egregious neglect, or financial exploitation. The director of
16the facility or agency shall be responsible for maintaining
17the confidentiality of the investigative report consistent
18with State and federal law. In a substantiated case, the
19investigative report shall include any mitigating or
20aggravating circumstances that were identified during the
21investigation. If the case involves substantiated neglect, the
22investigative report shall also state whether egregious
23neglect was found. An investigative report may also set forth
24recommendations. All investigative reports prepared by the
25Office of the Inspector General shall be considered
26confidential and shall not be released except as provided by

 

 

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1the law of this State or as required under applicable federal
2law. Unsubstantiated and unfounded reports shall not be
3disclosed except as allowed under Section 6 of the Abused and
4Neglected Long Term Care Facility Residents Reporting Act. Raw
5data used to compile the investigative report shall not be
6subject to release unless required by law or a court order.
7"Raw data used to compile the investigative report" includes,
8but is not limited to, any one or more of the following: the
9initial complaint, witness statements, photographs,
10investigator's notes, police reports, or incident reports. If
11the allegations are substantiated, the victim, the victim's
12guardian, and the accused shall be provided with a redacted
13copy of the investigative report. Death reports where there
14was no allegation of abuse or neglect shall only be released
15pursuant to applicable State or federal law or a valid court
16order. Unredacted investigative reports, as well as raw data,
17may be shared with a local law enforcement entity, a State's
18Attorney's office, or a county coroner's office upon written
19request.
20    (n) Written responses, clarification requests, and
21reconsideration requests.
22        (1) Written responses. Within 30 calendar days from
23    receipt of a substantiated investigative report or an
24    investigative report which contains recommendations,
25    absent a reconsideration request, the facility or agency
26    shall file a written response that addresses, in a concise

 

 

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1    and reasoned manner, the actions taken to: (i) protect the
2    individual; (ii) prevent recurrences; and (iii) eliminate
3    the problems identified. The response shall include the
4    implementation and completion dates of such actions. If
5    the written response is not filed within the allotted 30
6    calendar day period, the Secretary shall determine the
7    appropriate corrective action to be taken.
8        (2) Requests for clarification. The facility, agency,
9    victim or guardian, or the subject employee may request
10    that the Office of Inspector General clarify the finding
11    or findings for which clarification is sought.
12        (3) Requests for reconsideration. The facility,
13    agency, victim or guardian, or the subject employee may
14    request that the Office of the Inspector General
15    reconsider the finding or findings or the recommendations.
16    A request for reconsideration shall be subject to a
17    multi-layer review and shall include at least one reviewer
18    who did not participate in the investigation or approval
19    of the original investigative report. After the
20    multi-layer review process has been completed, the
21    Inspector General shall make the final determination on
22    the reconsideration request. The investigation shall be
23    reopened if the reconsideration determination finds that
24    additional information is needed to complete the
25    investigative record.
26    (o) Disclosure of the finding by the Inspector General.

 

 

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1The Inspector General shall disclose the finding of an
2investigation to the following persons: (i) the Governor, (ii)
3the Secretary, (iii) the director of the facility or agency,
4(iv) the alleged victims and their guardians, (v) the
5complainant, and (vi) the accused. This information shall
6include whether the allegations were deemed substantiated,
7unsubstantiated, or unfounded.
8    (p) Secretary review. Upon review of the Inspector
9General's investigative report and any agency's or facility's
10written response, the Secretary shall accept or reject the
11written response and notify the Inspector General of that
12determination. The Secretary may further direct that other
13administrative action be taken, including, but not limited to,
14any one or more of the following: (i) additional site visits,
15(ii) training, (iii) provision of technical assistance
16relative to administrative needs, licensure, or certification,
17or (iv) the imposition of appropriate sanctions.
18    (q) Action by facility or agency. Within 30 days of the
19date the Secretary approves the written response or directs
20that further administrative action be taken, the facility or
21agency shall provide an implementation report to the Inspector
22General that provides the status of the action taken. The
23facility or agency shall be allowed an additional 30 days to
24send notice of completion of the action or to send an updated
25implementation report. If the action has not been completed
26within the additional 30-day period, the facility or agency

 

 

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1shall send updated implementation reports every 60 days until
2completion. The Inspector General shall conduct a review of
3any implementation plan that takes more than 120 days after
4approval to complete, and shall monitor compliance through a
5random review of approved written responses, which may
6include, but are not limited to: (i) site visits, (ii)
7telephone contact, and (iii) requests for additional
8documentation evidencing compliance.
9    (r) Sanctions. Sanctions, if imposed by the Secretary
10under Subdivision (p)(iv) of this Section, shall be designed
11to prevent further acts of mental abuse, physical abuse,
12sexual abuse, neglect, egregious neglect, or financial
13exploitation or some combination of one or more of those acts
14at a facility or agency, and may include any one or more of the
15following:
16        (1) Appointment of on-site monitors.
17        (2) Transfer or relocation of an individual or
18    individuals.
19        (3) Closure of units.
20        (4) Termination of any one or more of the following:
21    (i) Department licensing, (ii) funding, or (iii)
22    certification.
23    The Inspector General may seek the assistance of the
24Illinois Attorney General or the office of any State's
25Attorney in implementing sanctions.
26    (s) Health Care Worker Registry.

 

 

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1        (1) Reporting to the Registry. The Inspector General
2    shall report to the Department of Public Health's Health
3    Care Worker Registry, a public registry, the identity and
4    finding of each employee of a facility or agency against
5    whom there is a final investigative report containing a
6    substantiated allegation of physical or sexual abuse,
7    financial exploitation, or egregious neglect of an
8    individual.
9        (2) Notice to employee. Prior to reporting the name of
10    an employee, the employee shall be notified of the
11    Department's obligation to report and shall be granted an
12    opportunity to request an administrative hearing, the sole
13    purpose of which is to determine if the substantiated
14    finding warrants reporting to the Registry. Notice to the
15    employee shall contain a clear and concise statement of
16    the grounds on which the report to the Registry is based,
17    offer the employee an opportunity for a hearing, and
18    identify the process for requesting such a hearing. Notice
19    is sufficient if provided by certified mail to the
20    employee's last known address. If the employee fails to
21    request a hearing within 30 days from the date of the
22    notice, the Inspector General shall report the name of the
23    employee to the Registry. Nothing in this subdivision
24    (s)(2) shall diminish or impair the rights of a person who
25    is a member of a collective bargaining unit under the
26    Illinois Public Labor Relations Act or under any other

 

 

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1    federal labor statute.
2        (3) Registry hearings. If the employee requests an
3    administrative hearing, the employee shall be granted an
4    opportunity to appear before an administrative law judge
5    to present reasons why the employee's name should not be
6    reported to the Registry. The Department shall bear the
7    burden of presenting evidence that establishes, by a
8    preponderance of the evidence, that the substantiated
9    finding warrants reporting to the Registry. After
10    considering all the evidence presented, the administrative
11    law judge shall make a recommendation to the Secretary as
12    to whether the substantiated finding warrants reporting
13    the name of the employee to the Registry. The Secretary
14    shall render the final decision. The Department and the
15    employee shall have the right to request that the
16    administrative law judge consider a stipulated disposition
17    of these proceedings.
18        (4) Testimony at Registry hearings. A person who makes
19    a report or who investigates a report under this Act shall
20    testify fully in any judicial proceeding resulting from
21    such a report, as to any evidence of abuse or neglect, or
22    the cause thereof. No evidence shall be excluded by reason
23    of any common law or statutory privilege relating to
24    communications between the alleged perpetrator of abuse or
25    neglect, or the individual alleged as the victim in the
26    report, and the person making or investigating the report.

 

 

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1    Testimony at hearings is exempt from the confidentiality
2    requirements of subsection (f) of Section 10 of the Mental
3    Health and Developmental Disabilities Confidentiality Act.
4        (5) Employee's rights to collateral action. No
5    reporting to the Registry shall occur and no hearing shall
6    be set or proceed if an employee notifies the Inspector
7    General in writing, including any supporting
8    documentation, that he or she is formally contesting an
9    adverse employment action resulting from a substantiated
10    finding by complaint filed with the Illinois Civil Service
11    Commission, or which otherwise seeks to enforce the
12    employee's rights pursuant to any applicable collective
13    bargaining agreement. If an action taken by an employer
14    against an employee as a result of a finding of physical
15    abuse, sexual abuse, or egregious neglect is overturned
16    through an action filed with the Illinois Civil Service
17    Commission or under any applicable collective bargaining
18    agreement and if that employee's name has already been
19    sent to the Registry, the employee's name shall be removed
20    from the Registry.
21        (6) Removal from Registry. At any time after the
22    report to the Registry, but no more than once in any
23    12-month period, an employee may petition the Department
24    in writing to remove his or her name from the Registry.
25    Upon receiving notice of such request, the Inspector
26    General shall conduct an investigation into the petition.

 

 

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1    Upon receipt of such request, an administrative hearing
2    will be set by the Department. At the hearing, the
3    employee shall bear the burden of presenting evidence that
4    establishes, by a preponderance of the evidence, that
5    removal of the name from the Registry is in the public
6    interest. The parties may jointly request that the
7    administrative law judge consider a stipulated disposition
8    of these proceedings.
9    (t) Review of Administrative Decisions. The Department
10shall preserve a record of all proceedings at any formal
11hearing conducted by the Department involving Health Care
12Worker Registry hearings. Final administrative decisions of
13the Department are subject to judicial review pursuant to
14provisions of the Administrative Review Law.
15    (u) Quality Care Board. There is created, within the
16Office of the Inspector General, a Quality Care Board to be
17composed of 7 members appointed by the Governor with the
18advice and consent of the Senate. One of the members shall be
19designated as chairman by the Governor. Of the initial
20appointments made by the Governor, 4 Board members shall each
21be appointed for a term of 4 years and 3 members shall each be
22appointed for a term of 2 years. Upon the expiration of each
23member's term, a successor shall be appointed for a term of 4
24years. In the case of a vacancy in the office of any member,
25the Governor shall appoint a successor for the remainder of
26the unexpired term.

 

 

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1    Members appointed by the Governor shall be qualified by
2professional knowledge or experience in the area of law,
3investigatory techniques, or in the area of care of the
4mentally ill or care of persons with developmental
5disabilities. Two members appointed by the Governor shall be
6persons with a disability or parents of persons with a
7disability. Members shall serve without compensation, but
8shall be reimbursed for expenses incurred in connection with
9the performance of their duties as members.
10    The Board shall meet quarterly, and may hold other
11meetings on the call of the chairman. Four members shall
12constitute a quorum allowing the Board to conduct its
13business. The Board may adopt rules and regulations it deems
14necessary to govern its own procedures.
15    The Board shall monitor and oversee the operations,
16policies, and procedures of the Inspector General to ensure
17the prompt and thorough investigation of allegations of
18neglect and abuse. In fulfilling these responsibilities, the
19Board may do the following:
20        (1) Provide independent, expert consultation to the
21    Inspector General on policies and protocols for
22    investigations of alleged abuse, neglect, or both abuse
23    and neglect.
24        (2) Review existing regulations relating to the
25    operation of facilities.
26        (3) Advise the Inspector General as to the content of

 

 

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1    training activities authorized under this Section.
2        (4) Recommend policies concerning methods for
3    improving the intergovernmental relationships between the
4    Office of the Inspector General and other State or federal
5    offices.
6    (v) Annual report. The Inspector General shall provide to
7the General Assembly and the Governor, no later than January 1
8of each year, a summary of reports and investigations made
9under this Act for the prior fiscal year with respect to
10individuals receiving mental health or developmental
11disabilities services. The report shall detail the imposition
12of sanctions, if any, and the final disposition of any
13corrective or administrative action directed by the Secretary.
14The summaries shall not contain any confidential or
15identifying information of any individual, but shall include
16objective data identifying any trends in the number of
17reported allegations, the timeliness of the Office of the
18Inspector General's investigations, and their disposition, for
19each facility and Department-wide, for the most recent 3-year
20time period. The report shall also identify, by facility, the
21staff-to-patient ratios taking account of direct care staff
22only. The report shall also include detailed recommended
23administrative actions and matters for consideration by the
24General Assembly.
25    (w) Program audit. The Auditor General shall conduct a
26program audit of the Office of the Inspector General on an

 

 

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1as-needed basis, as determined by the Auditor General. The
2audit shall specifically include the Inspector General's
3compliance with the Act and effectiveness in investigating
4reports of allegations occurring in any facility or agency.
5The Auditor General shall conduct the program audit according
6to the provisions of the Illinois State Auditing Act and shall
7report its findings to the General Assembly no later than
8January 1 following the audit period.
9    (x) Nothing in this Section shall be construed to mean
10that an individual is a victim of abuse or neglect because of
11health care services appropriately provided or not provided by
12health care professionals.
13    (y) Nothing in this Section shall require a facility,
14including its employees, agents, medical staff members, and
15health care professionals, to provide a service to an
16individual in contravention of that individual's stated or
17implied objection to the provision of that service on the
18ground that that service conflicts with the individual's
19religious beliefs or practices, nor shall the failure to
20provide a service to an individual be considered abuse under
21this Section if the individual has objected to the provision
22of that service based on his or her religious beliefs or
23practices.
24(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
25100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
268-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
 

 

 

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1    Section 25. The Illinois Public Aid Code is amended by
2changing Section 12-13.1 as follows:
 
3    (305 ILCS 5/12-13.1)
4    Sec. 12-13.1. Inspector General.
5    (a) The Governor shall appoint, and the Senate shall
6confirm, an Inspector General who shall function within the
7Illinois Department of Public Aid (now Healthcare and Family
8Services) and report to the Governor. The term of the
9Inspector General shall expire on the third Monday of January,
101997 and every 4 years thereafter.
11    (b) In order to prevent, detect, and eliminate fraud,
12waste, abuse, mismanagement, and misconduct, the Inspector
13General shall oversee the Department of Healthcare and Family
14Services' and the Department on Aging's integrity functions,
15which include, but are not limited to, the following:
16        (1) Investigation of misconduct by employees, vendors,
17    contractors and medical providers, except for allegations
18    of violations of the State Officials and Employees Ethics
19    Act which shall be referred to the Office of the
20    Governor's Executive Inspector General for investigation.
21        (2) Prepayment and post-payment audits of medical
22    providers related to ensuring that appropriate payments
23    are made for services rendered and to the prevention and
24    recovery of overpayments.

 

 

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1        (3) Monitoring of quality assurance programs
2    administered by the Department of Healthcare and Family
3    Services and the Community Care Program administered by
4    the Department on Aging.
5        (4) Quality control measurements of the programs
6    administered by the Department of Healthcare and Family
7    Services and the Community Care Program administered by
8    the Department on Aging.
9        (5) Investigations of fraud or intentional program
10    violations committed by clients of the Department of
11    Healthcare and Family Services and the Community Care
12    Program administered by the Department on Aging.
13        (6) Actions initiated against contractors, vendors, or
14    medical providers for any of the following reasons:
15            (A) Violations of the medical assistance program
16        and the Community Care Program administered by the
17        Department on Aging.
18            (B) Sanctions against providers brought in
19        conjunction with the Department of Public Health or
20        the Department of Human Services (as successor to the
21        Department of Mental Health and Developmental
22        Disabilities).
23            (C) Recoveries of assessments against hospitals
24        and long-term care facilities.
25            (D) Sanctions mandated by the United States
26        Department of Health and Human Services against

 

 

SB1581- 58 -LRB102 11796 RJF 17131 b

1        medical providers.
2            (E) Violations of contracts related to any
3        programs administered by the Department of Healthcare
4        and Family Services and the Community Care Program
5        administered by the Department on Aging.
6        (7) Representation of the Department of Healthcare and
7    Family Services at hearings with the Illinois Department
8    of Financial and Professional Regulation in actions taken
9    against professional licenses held by persons who are in
10    violation of orders for child support payments.
11    (b-5) At the request of the Secretary of Human Services,
12the Inspector General shall, in relation to any function
13performed by the Department of Human Services as successor to
14the Department of Public Aid, exercise one or more of the
15powers provided under this Section as if those powers related
16to the Department of Human Services; in such matters, the
17Inspector General shall report his or her findings to the
18Secretary of Human Services.
19    (c) Notwithstanding, and in addition to, any other
20provision of law, the Inspector General shall have access to
21all information, personnel and facilities of the Department of
22Healthcare and Family Services and the Department of Human
23Services (as successor to the Department of Public Aid), their
24employees, vendors, contractors and medical providers and any
25federal, State or local governmental agency that are necessary
26to perform the duties of the Office as directly related to

 

 

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1public assistance programs administered by those departments.
2No medical provider shall be compelled, however, to provide
3individual medical records of patients who are not clients of
4the programs administered by the Department of Healthcare and
5Family Services. State and local governmental agencies are
6authorized and directed to provide the requested information,
7assistance or cooperation.
8    For purposes of enhanced program integrity functions and
9oversight, and to the extent consistent with applicable
10information and privacy, security, and disclosure laws, State
11agencies and departments shall provide the Office of Inspector
12General access to confidential and other information and data,
13and the Inspector General is authorized to enter into
14agreements with appropriate federal agencies and departments
15to secure similar data. This includes, but is not limited to,
16information pertaining to: licensure; certification; earnings;
17immigration status; citizenship; wage reporting; unearned and
18earned income; pension income; employment; supplemental
19security income; social security numbers; National Provider
20Identifier (NPI) numbers; the National Practitioner Data Bank
21(NPDB); program and agency exclusions; taxpayer identification
22numbers; tax delinquency; corporate information; and death
23records.
24    The Inspector General shall enter into agreements with
25State agencies and departments, and is authorized to enter
26into agreements with federal agencies and departments, under

 

 

SB1581- 60 -LRB102 11796 RJF 17131 b

1which such agencies and departments shall share data necessary
2for medical assistance program integrity functions and
3oversight. The Inspector General shall enter into agreements
4with State agencies and departments, and is authorized to
5enter into agreements with federal agencies and departments,
6under which such agencies shall share data necessary for
7recipient and vendor screening, review, and investigation,
8including but not limited to vendor payment and recipient
9eligibility verification. The Inspector General shall develop,
10in cooperation with other State and federal agencies and
11departments, and in compliance with applicable federal laws
12and regulations, appropriate and effective methods to share
13such data. The Inspector General shall enter into agreements
14with State agencies and departments, and is authorized to
15enter into agreements with federal agencies and departments,
16including, but not limited to: the Secretary of State; the
17Department of Revenue; the Department of Public Health; the
18Department of Human Services; and the Department of Financial
19and Professional Regulation.
20    The Inspector General shall have the authority to deny
21payment, prevent overpayments, and recover overpayments.
22    The Inspector General shall have the authority to deny or
23suspend payment to, and deny, terminate, or suspend the
24eligibility of, any vendor who fails to grant the Inspector
25General timely access to full and complete records, including
26records of recipients under the medical assistance program for

 

 

SB1581- 61 -LRB102 11796 RJF 17131 b

1the most recent 6 years, in accordance with Section 140.28 of
2Title 89 of the Illinois Administrative Code, and other
3information for the purpose of audits, investigations, or
4other program integrity functions, after reasonable written
5request by the Inspector General.
6    (d) The Inspector General shall serve as the Department of
7Healthcare and Family Services' primary liaison with law
8enforcement, investigatory and prosecutorial agencies,
9including but not limited to the following:
10        (1) The Department of State Police.
11        (2) The Federal Bureau of Investigation and other
12    federal law enforcement agencies.
13        (3) The various Inspectors General of federal agencies
14    overseeing the programs administered by the Department of
15    Healthcare and Family Services.
16        (4) The various Inspectors General of any other State
17    agencies with responsibilities for portions of programs
18    primarily administered by the Department of Healthcare and
19    Family Services.
20        (5) The Offices of the several United States Attorneys
21    in Illinois.
22        (6) The several State's Attorneys.
23        (7) The offices of the Centers for Medicare and
24    Medicaid Services that administer the Medicare and
25    Medicaid integrity programs.
26    The Inspector General shall meet on a regular basis with

 

 

SB1581- 62 -LRB102 11796 RJF 17131 b

1these entities to share information regarding possible
2misconduct by any persons or entities involved with the public
3aid programs administered by the Department of Healthcare and
4Family Services.
5    Within 24 hours after determining that there is reasonable
6suspicion to believe that a criminal act may have been
7committed or that special expertise may be required in an
8investigation, the Inspector General shall notify the
9Department of State Police or other appropriate law
10enforcement authority, or ensure that such notification is
11made. The Department of State Police shall investigate any
12report from a facility licensed, certified, or operated by the
13Department of Healthcare and Family Services that indicates
14that a possible criminal act relating to bribery, the unlawful
15use or possession of a weapon, the bodily injury or immediate
16threat of bodily injury to another, a narcotics-related
17activity, a criminal sexual assault, or the death of another
18person has been committed by a facility employee. All
19investigations conducted by the Inspector General shall be
20conducted in a manner designed to ensure the preservation of
21evidence for possible use in a criminal prosecution.
22    (e) All investigations conducted by the Inspector General
23shall be conducted in a manner that ensures the preservation
24of evidence for use in criminal prosecutions. If the Inspector
25General determines that a possible criminal act relating to
26fraud in the provision or administration of the medical

 

 

SB1581- 63 -LRB102 11796 RJF 17131 b

1assistance program has been committed, the Inspector General
2shall immediately notify the Medicaid Fraud Control Unit. If
3the Inspector General determines that a possible criminal act
4has been committed within the jurisdiction of the Office, the
5Inspector General may request the special expertise of the
6Department of State Police. The Inspector General may present
7for prosecution the findings of any criminal investigation to
8the Office of the Attorney General, the Offices of the several
9United States Attorneys in Illinois or the several State's
10Attorneys.
11    (f) To carry out his or her duties as described in this
12Section, the Inspector General and his or her designees shall
13have the power to compel by subpoena the attendance and
14testimony of witnesses and the production of books, electronic
15records and papers as directly related to public assistance
16programs administered by the Department of Healthcare and
17Family Services or the Department of Human Services (as
18successor to the Department of Public Aid). No medical
19provider shall be compelled, however, to provide individual
20medical records of patients who are not clients of the Medical
21Assistance Program.
22    (g) The Inspector General shall report all convictions,
23terminations, and suspensions taken against vendors,
24contractors and medical providers to the Department of
25Healthcare and Family Services and to any agency responsible
26for licensing or regulating those persons or entities.

 

 

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1    (h) The Inspector General shall make annual reports,
2findings, and recommendations regarding the Office's
3investigations into reports of fraud, waste, abuse,
4mismanagement, or misconduct relating to any programs
5administered by the Department of Healthcare and Family
6Services or the Department of Human Services (as successor to
7the Department of Public Aid) to the General Assembly and the
8Governor. These reports shall include, but not be limited to,
9the following information:
10        (1) Aggregate provider billing and payment
11    information, including the number of providers at various
12    Medicaid earning levels.
13        (2) The number of audits of the medical assistance
14    program and the dollar savings resulting from those
15    audits.
16        (3) The number of prescriptions rejected annually
17    under the Department of Healthcare and Family Services'
18    Refill Too Soon program and the dollar savings resulting
19    from that program.
20        (4) Provider sanctions, in the aggregate, including
21    terminations and suspensions.
22        (5) A detailed summary of the investigations
23    undertaken in the previous fiscal year. These summaries
24    shall comply with all laws and rules regarding maintaining
25    confidentiality in the public aid programs.
26    (i) Nothing in this Section shall limit investigations by

 

 

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1the Department of Healthcare and Family Services or the
2Department of Human Services that may otherwise be required by
3law or that may be necessary in their capacity as the central
4administrative authorities responsible for administration of
5their agency's programs in this State.
6    (j) The Inspector General may issue shields or other
7distinctive identification to his or her employees not
8exercising the powers of a peace officer if the Inspector
9General determines that a shield or distinctive identification
10is needed by an employee to carry out his or her
11responsibilities.
12(Source: P.A. 97-689, eff. 6-14-12; 98-8, eff. 5-3-13.)
 
13    Section 30. The Toll Highway Act is amended by changing
14Section 8.5 as follows:
 
15    (605 ILCS 10/8.5)
16    Sec. 8.5. Toll Highway Inspector General.
17    (a) The Governor shall, with the advice and consent of the
18Senate by three-fifths of the elected members concurring by
19record vote, appoint a Toll Highway Inspector General for the
20purpose of detection, deterrence, and prevention of fraud,
21corruption, and mismanagement in the Authority. The Toll
22Highway Inspector General shall serve a 5-year term. If,
23during a recess of the Senate, there is a vacancy in the office
24of the Toll Highway Inspector General, the Governor shall make

 

 

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1a temporary appointment until the next meeting of the Senate
2when the Governor shall make a nomination to fill that office.
3No person rejected for the office of the Toll Highway
4Inspector General shall, except by the Senate's request, be
5nominated again for that office at the same session of the
6Senate or be appointed to that office during a recess of that
7Senate. The Governor may not appoint a relative, as defined by
8item (6) of Section 10-15 of the State Officials and Employees
9Ethics Act, as the Toll Highway Inspector General. The Toll
10Highway Inspector General may be removed only for cause and
11may be removed only by the Governor.
12    (b) The Toll Highway Inspector General shall have the
13following qualifications:
14        (1) has not been convicted of any felony under the
15    laws of this State, another state, or the United States;
16        (2) has earned a baccalaureate degree from an
17    institution of higher education; and
18        (3) has 5 or more years of cumulative service (i) with
19    a federal, state, or local law enforcement agency, at
20    least 2 years of which have been in a progressive
21    investigatory capacity; (ii) as a federal, state, or local
22    prosecutor; (iii) as a federal or state judge with a
23    criminal docket; (iv) as a senior manager or executive of
24    a federal, state, or local agency; or (v) representing any
25    combination of (i) through (iv).
26    (c) The term of the initial Toll Highway Inspector General

 

 

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1shall commence upon qualification and shall run through June
230, 2015. The initial appointments shall be made within 60
3days after the effective date of this amendatory Act of the
496th General Assembly. After the initial term, each Toll
5Highway Inspector General shall serve for 5-year terms
6commencing on July 1 of the year of appointment and running
7through June 30 of the fifth following year. A Toll Highway
8Inspector General may be reappointed to one or more subsequent
9terms. A vacancy occurring other than at the end of a term
10shall be filled by the Governor only for the balance of the
11term of the Toll Highway Inspector General whose office is
12vacant. Terms shall run regardless of whether the position is
13filled.
14    (d) The Toll Highway Inspector General shall have
15jurisdiction over the Authority and all board members,
16officers, and employees of, and vendors, subcontractors, and
17others doing business with the Authority. The jurisdiction of
18the Toll Highway Inspector General is to investigate
19allegations of fraud, waste, abuse, mismanagement, misconduct,
20nonfeasance, misfeasance, or malfeasance. Investigations may
21be based on complaints from any source, including anonymous
22sources, and may be self-initiated, without a complaint. An
23investigation may not be initiated more than five years after
24the most recent act of the alleged violation or of a series of
25alleged violations except where there is reasonable cause to
26believe that fraudulent concealment has occurred. To

 

 

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1constitute fraudulent concealment sufficient to toll this
2limitations period, there must be an affirmative act or
3representation calculated to prevent discovery of the fact
4that a violation has occurred. The authority to investigate
5alleged violations of the State Officials and Employees Ethics
6Act by officers, employees, vendors, subcontractors, and
7others doing business with the Authority shall remain with the
8Office of the Governor's Executive Inspector General. The Toll
9Highway Inspector General shall refer allegations of
10misconduct under the State Officials and Employees Ethics Act
11to the Office of the Governor's Executive Inspector General
12for investigation. Upon completion of its investigation into
13such allegations, the Office of the Governor's Executive
14Inspector General shall report the results to the Toll Highway
15Inspector General, and the results of the investigation shall
16remain subject to any applicable confidentiality provisions in
17the State Officials and Employees Ethics Act. Where an
18investigation into a target or targets is split between
19allegations of misconduct under the State Officials and
20Employees Ethics Act, investigated by the Office of the
21Governor's Executive Inspector General, and allegations that
22are not of misconduct under the State Officials and Employees
23Ethics Act, investigated by the Toll Highway Inspector
24General, the Toll Highway Inspector General shall take
25reasonable steps, including continued consultation with the
26Office of the Governor's Executive Inspector General, to

 

 

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1ensure that its investigation will not interfere with or
2disrupt any investigation by the Office of the Governor's
3Executive Inspector General or law enforcement authorities. In
4instances in which the Toll Highway Inspector General
5continues to investigate other allegations associated with
6allegations that have been referred to the Office of the
7Governor's Executive Inspector General pursuant to this
8subsection, the Toll Highway Inspector General shall report
9the results of its investigation to the Office of the
10Governor's Executive Inspector General.
11    (e)(1) If the Toll Highway Inspector General, upon the
12conclusion of an investigation, determines that reasonable
13cause exists to believe that fraud, waste, abuse,
14mismanagement, misconduct, nonfeasance, misfeasance, or
15malfeasance has occurred, then the Toll Highway Inspector
16General shall issue a summary report of the investigation. The
17report shall be delivered to the appropriate authority
18pursuant to paragraph (3) of subsection (f) of this Section,
19which shall have 20 days to respond to the report.
20        (2) The summary report of the investigation shall
21    include the following:
22            (A) a description of any allegations or other
23        information received by the Toll Highway Inspector
24        General pertinent to the investigation.
25            (B) a description of any alleged misconduct
26        discovered in the course of the investigation.

 

 

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1            (C) recommendations for any corrective or
2        disciplinary action to be taken in response to any
3        alleged misconduct described in the report, including
4        but not limited to discharge.
5            (D) other information the Toll Highway Inspector
6        General deems relevant to the investigation or
7        resulting recommendations.
8        (3) Within 60 days after issuance of a final summary
9    report that resulted in a suspension of at least 3 days or
10    termination of employment, the Toll Highway Inspector
11    General shall make the report available to the public by
12    presenting the report to the Board of the Authority and by
13    posting to the Authority's public website. The Toll
14    Highway Inspector General shall redact information in the
15    summary report that may reveal the identity of witnesses,
16    complainants, or informants or if the Toll Highway
17    Inspector General determines it is appropriate to protect
18    the identity of a person before the report is made public.
19    The Toll Highway Inspector General may also redact any
20    information that he or she believes should not be made
21    public, taking into consideration the factors set forth in
22    this subsection and paragraph (1) of subsection (k) of
23    this Section and other factors deemed relevant by the Toll
24    Highway Inspector General to protect the Authority and any
25    investigations by the Toll Highway Inspector General,
26    other inspector general offices or law enforcement

 

 

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1    agencies. Prior to publication, the Toll Highway Inspector
2    General shall permit the respondents and the appropriate
3    authority pursuant to paragraph (3) of subsection (f) of
4    this Section to review the report and the documents to be
5    made public and offer suggestions for redaction or provide
6    a response that shall be made public with the summary
7    report, provided, however, that the Toll Highway Inspector
8    General shall have the sole and final authority to decide
9    what redactions should be made. The Toll Highway Inspector
10    General may make available to the public any other summary
11    report and any such responses or a redacted version of the
12    report and responses.
13        (4) When the Toll Highway Inspector General concludes
14    that there is insufficient evidence that a violation has
15    occurred, the Toll Highway Inspector General shall close
16    the investigation. The Toll Highway Inspector General
17    shall provide the appropriate authority pursuant to
18    paragraph (3) of subsection (f) of this Section with a
19    written statement of the Toll Highway Inspector General's
20    decision to close the investigation. At the request of the
21    subject of the investigation, the Toll Highway Inspector
22    General shall provide a written statement to the subject
23    of the investigation of the Toll Highway Inspector
24    General's decision to close the investigation. Closure by
25    the Toll Highway Inspector General does not bar the Toll
26    Highway Inspector General from resuming the investigation

 

 

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1    if circumstances warrant.
2    (f) The Toll Highway Inspector General shall:
3        (1) have access to all information and personnel
4    necessary to perform the duties of the office.
5        (2) have the power to subpoena witnesses and compel
6    the production of books and papers pertinent to an
7    investigation authorized by this Section. A subpoena may
8    be issued under this subparagraph (2) only by the Toll
9    Highway Inspector General and not by members of the Toll
10    Highway Inspector General's staff. Any person subpoenaed
11    by the Toll Highway Inspector General has the same rights,
12    under Illinois law, as a person subpoenaed by a grand
13    jury. The power to subpoena or to compel the production of
14    books and papers, however, shall not extend to the person
15    or documents of a labor organization or its
16    representatives insofar as the person or documents of a
17    labor organization relate to the function of representing
18    an employee subject to investigation under this Section.
19    Subject to a person's privilege against
20    self-incrimination, any person who fails to appear in
21    response to a subpoena, answer any question, or produce
22    any books or papers pertinent to an investigation under
23    this Section, except as otherwise provided in this
24    Section, or who knowingly gives false testimony in
25    relation to an investigation under this Section is guilty
26    of a Class A misdemeanor.

 

 

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1        (3) submit reports as required by this Section and
2    applicable administrative rules. Final reports and
3    recommendations shall be submitted to the Authority's
4    Executive Director and the Board of Directors for
5    investigations not involving the Board. Final reports and
6    recommendations shall be submitted to the Chair of the
7    Board and to the Governor for investigations of any Board
8    member other than the Chair of the Board. Final reports
9    and recommendations for investigations of the Chair of the
10    Board shall be submitted to the Governor.
11        (4) assist and coordinate with the ethics officer for
12    the Authority.
13        (5) participate in or conduct, when appropriate,
14    multi-jurisdictional investigations provided the
15    investigation involves the Authority in some way,
16    including, but not limited to, joint investigations with
17    the Office of the Governor's Executive Inspector General,
18    or with State, local, or federal law enforcement
19    authorities.
20        (6) serve as the Authority's primary liaison with law
21    enforcement, investigatory, and prosecutorial agencies
22    and, in that capacity, the Toll Highway Inspector General
23    may request any information or assistance that may be
24    necessary for carrying out the duties and responsibilities
25    provided by this Section from any local, state, or federal
26    governmental agency or unit thereof.

 

 

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1        (7) review hiring and employment files of the
2    Authority to ensure compliance with Rutan v. Republican
3    Party of Illinois, 497 U.S. 62 (1990), and with all
4    applicable employment laws.
5        (8) establish a policy that ensures the appropriate
6    handling and correct recording of all investigations
7    conducted by the Office, and ensures that the policy is
8    accessible via the Internet in order that those seeking to
9    report suspected wrongdoing are familiar with the process
10    and that the subjects of those allegations are treated
11    fairly.
12        (9) receive and investigate complaints or information
13    from an employee of the Authority concerning the possible
14    existence of an activity constituting a violation of law,
15    rules or regulations, mismanagement, abuse of authority,
16    or substantial and specific danger to the public health
17    and safety. Any employee of the Authority who knowingly
18    files a false complaint or files a complaint with reckless
19    disregard for the truth or falsity of the facts underlying
20    the complaint may be subject to discipline.
21        (10) review, coordinate, and recommend methods and
22    procedures to increase the integrity of the Authority.
23    (g) Within six months of appointment, the initial Toll
24Highway Inspector General shall propose rules, in accordance
25with the provisions of the Illinois Administrative Procedure
26Act, establishing minimum requirements for initiating,

 

 

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1conducting, and completing investigations. The rules must
2establish criteria for determining, based upon the nature of
3the allegation, the appropriate method of investigation, which
4may include, but is not limited to, site visits, telephone
5contacts, personal interviews, or requests for written
6responses. The rules must establish the process, contents, and
7timing for final reports and recommendations by the Toll
8Highway Inspector General and for a response and any remedial,
9disciplinary, or both action by an individual or individuals
10receiving the final reports and recommendations. The rules
11must also clarify how the Office of the Toll Highway Inspector
12General shall interact with other local, state, and federal
13law enforcement authorities and investigations. Such rules
14shall provide that investigations and inquiries by the Office
15of the Toll Highway Inspector General must be conducted in
16compliance with the provisions of any collective bargaining
17agreement that applies to the affected employees of the
18Authority and that any recommendation for discipline or other
19action against any employee by the Office of the Toll Highway
20Inspector General must comply with the provisions of any
21applicable collective bargaining agreement.
22    (h) The Office of the Toll Highway Inspector General shall
23be an independent office of the Authority. Within its annual
24budget, the Authority shall provide a clearly delineated
25budget for the Office of the Toll Highway Inspector General.
26The budget of the Office of the Toll Highway Inspector General

 

 

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1shall be adequate to support an independent and effective
2office. Except with the consent of the Toll Highway Inspector
3General, the Authority shall not reduce the budget of the
4Office of the Toll Highway Inspector General by more than 10
5percent (i) within any fiscal year or (ii) over the five-year
6term of each Toll Highway Inspector General. To the extent
7allowed by law and the Authority's policies, the Toll Highway
8Inspector General shall have sole responsibility for
9organizing the Office of the Toll Highway Inspector General
10within the budget established by the Toll Highway Board,
11including the recruitment, supervision, and discipline of the
12employees of that office. The Toll Highway Inspector General
13shall report directly to the Board of Directors of the
14Authority with respect to the prompt and efficient operation
15of the Office of the Tollway Highway Inspector General.
16    (i)(1) No Toll Highway Inspector General or employee of
17the Office of the Toll Highway Inspector General may, during
18his or her term of appointment or employment:
19        (A) become a candidate for any elective office;
20        (B) hold any other elected or appointed public office
21    except for appointments on governmental advisory boards or
22    study commissions or as otherwise expressly authorized by
23    law;
24        (C) be actively involved in the affairs of any
25    political party or political organization; or
26        (D) advocate for the appointment of another person to

 

 

SB1581- 77 -LRB102 11796 RJF 17131 b

1    an appointed public office or elected office or position
2    or actively participate in any campaign for any elective
3    office. As used in this paragraph (1), "appointed public
4    office" means a position authorized by law that is filled
5    by an appointing authority as provided by law and does not
6    include employment by hiring in the ordinary course of
7    business.
8    (2) No Toll Inspector General or employee of the Office of
9the Toll Highway Inspector General may, for one year after the
10termination of his or her appointment or employment:
11        (A) become a candidate for any elective office;
12        (B) hold any elected public office; or
13        (C) hold any appointed State, county, or local
14    judicial office.
15    (3) The requirements of subparagraph (C) of paragraph (2)
16of this subsection may be waived by the Executive Ethics
17Commission.
18    (j) All Board members, officers and employees of the
19Authority have a duty to cooperate with the Toll Highway
20Inspector General and employees of the Office of the Toll
21Highway Inspector General in any investigation undertaken
22pursuant to this Section. Failure to cooperate includes, but
23is not limited to, intentional omissions and knowing false
24statements. Failure to cooperate with an investigation
25pursuant to this Section is grounds for disciplinary action,
26including termination of employment. Nothing in this Section

 

 

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1limits or alters a person's existing rights or protections
2under State or federal law.
3    (k)(1) The identity of any individual providing
4information or reporting any possible or alleged misconduct to
5the Toll Highway Inspector General shall be kept confidential
6and may not be disclosed without the consent of that
7individual, unless the individual consents to disclosure of
8his or her name or disclosure of the individual's identity is
9otherwise required by law. The confidentiality granted by this
10subsection does not preclude the disclosure of the identity of
11a person in any capacity other than as the source of an
12allegation.
13    (2) Subject to the provisions of subsection (e) of this
14Section, the Toll Highway Inspector General, and employees and
15agents of the Office of the Toll Highway Inspector General,
16shall keep confidential and shall not disclose information
17exempted from disclosure under the Freedom of Information Act
18or by this Act.
19    (l) If the Toll Highway Inspector General determines that
20any alleged misconduct involves any person not subject to the
21jurisdiction of the Toll Highway Inspector General, the Toll
22Highway Inspector General shall refer the reported allegations
23to the appropriate Inspector General, appropriate ethics
24commission or other appropriate body. If the Toll Highway
25Inspector General determines that any alleged misconduct may
26give rise to criminal penalties, the Toll Highway Inspector

 

 

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1General may refer the allegations regarding that misconduct to
2the appropriate law enforcement authority. If a Toll Highway
3Inspector General determines that any alleged misconduct
4resulted in the loss of public funds in an amount of $5,000 or
5greater, the Toll Highway Inspector General shall refer the
6allegations regarding that misconduct to the Attorney General
7and any other appropriate law enforcement authority.
8    (l-5) Within 24 hours after determining that there is
9reasonable suspicion to believe that a criminal act may have
10been committed or that special expertise may be required in an
11investigation, the Inspector General shall notify the
12Department of State Police or other appropriate law
13enforcement authority, or ensure that such notification is
14made. The Department of State Police shall investigate any
15report from the Toll Highway Inspector General that indicates
16that a possible criminal act relating to bribery, the unlawful
17use or possession of a weapon, the bodily injury or immediate
18threat of bodily injury to another, a narcotics-related
19activity, a criminal sexual assault, or the death of another
20person has been committed by any board member, officer, or
21employee of, or any vendor, subcontractor, or person doing
22business with the Authority. All investigations conducted by
23the Inspector General shall be conducted in a manner designed
24to ensure the preservation of evidence for possible use in a
25criminal prosecution.
26    (m) The Toll Highway Inspector General shall provide to

 

 

SB1581- 80 -LRB102 11796 RJF 17131 b

1the Governor, the Board of the Authority, and the General
2Assembly a summary of reports and investigations made under
3this Section no later than March 31 and September 30 of each
4year. The summaries shall detail the final disposition of the
5Inspector General's recommendations. The summaries shall not
6contain any confidential or identifying information concerning
7the subjects of the reports and investigations. The summaries
8shall also include detailed, recommended administrative
9actions and matters for consideration by the Governor, the
10Board of the Authority, and the General Assembly.
11    (n) Any employee of the Authority subject to investigation
12or inquiry by the Toll Highway Inspector General or any agent
13or representative of the Toll Highway Inspector General
14concerning misconduct that is criminal in nature shall have
15the right to be notified of the right to remain silent during
16the investigation or inquiry and the right to be represented
17in the investigation or inquiry by an attorney or a
18representative of a labor organization that is the exclusive
19collective bargaining representative of employees of the
20Authority. Any investigation or inquiry by the Toll Highway
21Inspector General or any agent or representative of the Toll
22Highway Inspector General must be conducted in accordance with
23the rights of the employees as set forth in State and federal
24law and applicable judicial decisions. Any recommendations for
25discipline or any action taken against any employee by the
26Toll Highway Inspector General or any representative or agent

 

 

SB1581- 81 -LRB102 11796 RJF 17131 b

1of the Toll Highway Inspector General must comply with the
2provisions of the collective bargaining agreement that applies
3to the employee.
4    (o) Nothing in this Section shall diminish the rights,
5privileges, or remedies of a State employee under any other
6federal or State law, rule, or regulation or under any
7collective bargaining agreement.
8(Source: P.A. 96-1347, eff. 1-1-11.)