SB2015 96TH GENERAL ASSEMBLY

LRB096 11362 RCE 21821 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2015

Introduced 2/20/2009, by Sen. Bill Brady - Dan Duffy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Whistleblower Hotline Act. Requires the Auditor General to establish a 24-hour statewide hotline to report suspected misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws by State officials or employees. Requires the Auditor General to refer allegations to appropriate law enforcement, investigatory, or prosecutorial entities. Allegations may not be anonymous. Provides for promotion of the hotline. Authorizes rewards, subject to appropriation, and provides for confidentiality. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning whistleblowers.

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

Section 1. Short title. This Act may be cited as the Whistleblower Hotline Act.

Section 5. Hotline established. The Auditor General shall establish and maintain a 24-hour statewide toll-free hotline. The purpose of the hotline is to allow any persons to report suspected misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws by State officials or employees.

Section 10. Hotline information. The Hotline number shall be prominently posted at all State offices and facilities. All State officers and agencies shall cooperate with the Auditor General to promote and market the availability of the hotline and its purpose. All State informational brochures must carry a description of the hotline with the toll-free number.

Section 15. Allegations. Allegations may not be made anonymously. Upon receipt of an allegation, the Auditor General shall promptly refer the allegation to an appropriate venue for further investigation. Referrals may be made to a United States Attorney, a State's Attorney, the Attorney General, an Executive Inspector General, the Legislative Inspector General, or any other appropriate law enforcement, investigatory, or prosecutorial entity.

Section 20. Rewards. Subject to appropriation and based upon standard evaluation and determination procedures established by rule, the Auditor General shall pay a reward to whistleblowers. For a successful criminal conviction, the reward shall be the greater of $2,500 or the amount equal to half of the criminal fine imposed. In the case of a successful resolution of an allegation that does not require criminal prosecution, the Auditor General may determine an appropriate reward amount based upon standard evaluation and determination procedures established by rule.

Section 25. Confidentiality. The identity of any individual providing information or reporting any possible or alleged misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws to the hotline shall be kept confidential and shall not be disclosed without the consent of that individual. The confidentiality granted by this Section does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

Section 30. Rules. The Auditor General shall adopt rules for the implementation and administration of this Act. Those rules shall include, but need not be limited to, procedures for evaluating allegations, for delegating the investigation of allegations, and for evaluation and determination of rewards.

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