Illinois General Assembly - Full Text of HB1110
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Full Text of HB1110  93rd General Assembly

HB1110ham001 93rd General Assembly


093_HB1110ham001

 










                                     LRB093 08066 DRH 10965 a

 1                    AMENDMENT TO HOUSE BILL 1110

 2        AMENDMENT NO.     .  Amend House Bill 1110  by  replacing
 3    everything after the enacting clause with the following:

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

 6        (605 ILCS 10/8.1 new)
 7        Sec. 8.1.  Inspector General.
 8        (a)  The Governor must, with the advice  and  consent  of
 9    the  Senate,  appoint an Inspector General for the purpose of
10    detection, deterrence, and prevention of  fraud,  corruption,
11    and  mismanagement  in  the Authority.  The Inspector General
12    shall serve a 2-year term.  If no successor is appointed  and
13    qualified  upon  the  expiration  of  the Inspector General's
14    term, the Office of Inspector General is  deemed  vacant  and
15    the  powers  and  duties  under this Section may be exercised
16    only by an appointed and qualified interim Inspector  General
17    until   a   successor  Inspector  General  is  appointed  and
18    qualified.  If the General Assembly is not in session when  a
19    vacancy  in  the  Office  of  Inspector  General  occurs, the
20    Governor may appoint an interim Inspector General whose  term
21    shall  expire  2  weeks  after  the  next regularly scheduled
22    session day of the Senate.
 
                            -2-      LRB093 08066 DRH 10965 a
 1        (b)  The  Inspector  General  shall  have  the  following
 2    qualifications:
 3             (1)  has not been convicted  of any felony under the
 4        laws of this State, another State, or the United States;
 5             (2)  has  earned  a  baccalaureate  degree  from  an
 6        institution of higher education; and
 7             (3)  has either (A) 5 or more years of service  with
 8        a  federal,  State,  or  local law enforcement agency, at
 9        least 2  years  of  which  have  been  in  a  progressive
10        investigatory capacity; (B) 5 or more years of service as
11        a  federal,  State, or local prosecutor; or (C) 5 or more
12        years of service as a senior manager or  executive  of  a
13        federal, State, or local law enforcement agency.
14        (c)  The  Inspector  General  may review, coordinate, and
15    recommend methods and procedures to increase the integrity of
16    the Authority.  The Inspector General must report directly to
17    the Governor.
18        (d)  The Governor may designate the Inspector General and
19    inspectors who are members of the Inspector General's  office
20    as peace officers. These inspectors shall have all the powers
21    possessed   by  police  officers  in  municipalities  and  by
22    sheriffs of counties, and the inspectors may  exercise  those
23    powers anywhere in the State but only in the investigation of
24    allegations  of  misconduct or criminal behavior by the Board
25    of Directors of the Authority or employees of the Authority.
26        No inspector may have peace officer  status  or  exercise
27    police  powers  unless  he  or she successfully completes the
28    basic police training mandated and approved by  the  Illinois
29    Law  Enforcement Training Standards Board or the Board waives
30    the training requirement by reason of the  inspector's  prior
31    law enforcement experience or training, or both.
32        The  Board  may not waive the training requirement unless
33    the inspector has had a minimum of 5 years of experience as a
34    sworn officer of a local, State, or federal  law  enforcement
 
                            -3-      LRB093 08066 DRH 10965 a
 1    agency,  2  of  which  must  have  been  in  an investigatory
 2    capacity.
 3        (e)  In addition to the authority otherwise  provided  by
 4    this  Section, but only when investigating the Authority, its
 5    employees,  or  their  actions  for  fraud,  corruption,   or
 6    mismanagement, the Inspector General is authorized:
 7             (1)  To have access to all records, reports, audits,
 8        reviews,  documents,  papers,  recommendations,  or other
 9        materials  available  that   relate   to   programs   and
10        operations  with  respect  to which the Inspector General
11        has responsibilities under this Section.
12             (2)  To make any investigations and reports relating
13        to the administration of the programs and  operations  of
14        the Authority that are, in the judgement of the Inspector
15        General, necessary or desirable.
16             (3)  To  request  any information or assistance that
17        may  be  necessary  for  carrying  out  the  duties   and
18        responsibilities provided by this Section from any local,
19        State, or federal governmental agency or unit thereof.
20             (4)  To   require  by  subpoena  the  appearance  of
21        witnesses  and  the  production   of   all   information,
22        documents,  reports,  answers, records, accounts, papers,
23        and other data and documentary evidence necessary in  the
24        performance  of  the  functions assigned by this Section,
25        with the exception of records maintained in the  ordinary
26        course  of  business,  including  but  not limited to the
27        representation  of  employees  and  the  negotiation   of
28        collective  bargaining agreements by a labor organization
29        authorized and recognized under the Illinois Public Labor
30        Relations   Act   to   be   the   exclusive    bargaining
31        representative of employees of the Authority and with the
32        exception  of  subsection  (c).  A subpoena may be issued
33        under this paragraph (4) only by  the  Inspector  General
34        and not by members of the Inspector General's staff.  Any
 
                            -4-      LRB093 08066 DRH 10965 a
 1        person  subpoenaed  by the Inspector General has the same
 2        rights as a person  subpoenaed  by  a  grand  jury.   Any
 3        person  who  knowingly  and  intentionally  (A)  fails to
 4        appear in response to a subpoena or (B) fails to  produce
 5        any  books  or papers in his or her possession or control
 6        pertinent to  an  investigation  under  this  Section  is
 7        guilty of a Class A misdemeanor.
 8             (5)  To  have  direct and prompt access to the Board
 9        of Directors of the Authority for any purpose  pertaining
10        to  the  performance  of  functions  and responsibilities
11        under this Section.
12        (f)  The Inspector General may  receive  and  investigate
13    complaints  or  information from an employee of the Authority
14    concerning the possible existence of an activity constituting
15    a violation of law,  rules,  or  regulations;  mismanagement;
16    abuse of authority; or substantial and specific danger to the
17    public health and safety.  Any employee who knowingly files a
18    false  complaint or files a complaint with reckless disregard
19    for the truth or the falsity  of  the  facts  underlying  the
20    complaint may be subject to discipline.
21        The  Inspector  General  may  not,  after  receipt  of  a
22    complaint  or  information  from  an  employee,  disclose the
23    identity of the employee without the consent of the employee.
24        Any employee  who  has  the  authority  to  recommend  or
25    approve any personnel action or to direct others to recommend
26    or approve any personnel action may not, with respect to that
27    authority,  take  or  threaten to take any action against any
28    employee as a reprisal for making a complaint  or  disclosing
29    information  to  the  Inspector General, unless the complaint
30    was made or the information disclosed with the knowledge that
31    it was false or with  willful  disregard  for  its  truth  or
32    falsity.
33        (g)  The   Inspector   General   must   adopt  rules,  in
34    accordance with the provisions of the Illinois Administrative
 
                            -5-      LRB093 08066 DRH 10965 a
 1    Procedure  Act,   establishing   minimum   requirements   for
 2    initiating,  conducting,  and completing investigations.  The
 3    rules must establish criteria for determining, based upon the
 4    nature  of  the  allegation,  the   appropriate   method   of
 5    investigation, which may include, but is not limited to, site
 6    visits,  telephone contacts, personal interviews, or requests
 7    for written responses.  The rules must also clarify  how  the
 8    Office  of  the  Inspector  General shall interact with other
 9    local, State, and federal law enforcement investigations.
10        Any employee of the Authority subject to investigation or
11    inquiry  by  the  Inspector   General   or   any   agent   or
12    representative  of the Inspector General shall have the right
13    to be notified of the  right  to  remain  silent  during  the
14    investigation  or  inquiry and the right to be represented in
15    the investigation or inquiry by a representative of  a  labor
16    organization  that  is  the  exclusive  collective bargaining
17    representative  of  employees  of  the  Authority.  Any  such
18    investigation or inquiry must be conducted in compliance with
19    the provisions of  a  collective  bargaining  agreement  that
20    applies to the employees of the Authority. Any recommendation
21    for  discipline  or  any action taken against any employee by
22    the Inspector General or any representative or agent  of  the
23    Inspector  General  must  comply  with  the provisions of the
24    collective bargaining agreement that applies to the employee.
25        (h)  The Inspector General shall provide to the Authority
26    and  the  General  Assembly  a   summary   of   reports   and
27    investigations  made  under  this  Section  for  the previous
28    fiscal year no  later  than  January  1  of  each  year.  The
29    summaries shall detail the final disposition of the Inspector
30    General's  recommendations.  The  summaries shall not contain
31    any confidential or identifying  information  concerning  the
32    subjects  of  the  reports  and investigations. The summaries
33    shall  also  include  detailed,  recommended   administrative
34    actions   and   matters  for  consideration  by  the  General
 
                            -6-      LRB093 08066 DRH 10965 a
 1    Assembly.".