Rep. Stephanie A. Kifowit

Filed: 3/22/2021





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2    AMENDMENT NO. ______. Amend House Bill 359 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Veterans' Affairs Act is
5amended by adding Section 39 as follows:
6    (20 ILCS 2805/39 new)
7    Sec. 39. Inspector General.
8    (a) The Governor shall appoint, and the Senate shall
9confirm, an Inspector General who shall have the authority to
10conduct investigations into allegations of or incidents of
11possible misconduct, misfeasance, malfeasance, or violations
12of rules, procedures, or laws by any employee, service
13provider, or contractor of the Department of Veterans'
14Affairs, except for allegations of violations of the State
15Officials and Employees Ethics Act which shall be referred to
16the Office of the Governor's Executive Inspector General for



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1investigation. The Inspector General shall make
2recommendations to the Director of Veterans' Affairs
3concerning sanctions or disciplinary actions against
4Department employees or providers of service under contract to
5the Department. The Director of Veterans' Affairs shall
6provide the Inspector General with an implementation report on
7the status of any corrective actions taken on recommendations
8under review and shall continue sending updated reports until
9the corrective action is completed. The Director shall provide
10a written response to the Inspector General indicating the
11status of any sanctions or disciplinary actions against
12employees or providers of service involving any investigation
13conducted in accordance with this Section.
14    The Inspector General shall be appointed for a term of 4
15years. The Inspector General shall function independently
16within the Department of Veterans' Affairs with respect to the
17operations of the Office of Inspector General, including the
18performance of investigations and issuance of findings and
19recommendations, and shall report to the Director of Veterans'
20Affairs and the Governor and perform other duties the Director
21may designate. The Inspector General shall adopt rules as
22necessary to carry out the functions, purposes, and duties of
23the Office of Inspector General in the Department of Veterans'
24Affairs, in accordance with the Illinois Administrative
25Procedure Act and any other applicable law.
26    (b) The Inspector General shall have access to all



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1information and personnel necessary to perform the duties of
2the Office.
3    (c) The Inspector General shall be the primary liaison
4between the Department and the Illinois State Police with
5regard to investigations conducted under the Inspector
6General's auspices. If the Inspector General determines that a
7possible criminal act has been committed, or that special
8expertise is required in the investigation, he or she shall
9immediately notify the Illinois State Police. All
10investigations conducted by the Inspector General shall be
11conducted in a manner designed to ensure the preservation of
12evidence for possible use in a criminal prosecution.
13    (d) The Inspector General may recommend to the Department
14of Veterans' Affairs, the Department of Public Health, or any
15other appropriate agency, sanctions to be imposed against
16service providers under the jurisdiction of or under contract
17with the Department to provide services to veterans, their
18survivors, and dependents. The Inspector General may seek the
19assistance of the Attorney General or any of the several
20State's Attorneys in imposing sanctions.
21    (e) The Inspector General shall at all times be granted
22access to any veterans home, facility, or program operated for
23or licensed or funded by the Department, including any
24veterans home or facility licensed by the Department of Public
26    (f) Nothing in this Section shall limit investigations by



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1the Department of Veterans' Affairs that may otherwise be
2required by law or that may be necessary in that Department's
3capacity as the central administrative authority on matters
4concerning services to veterans, their survivors, and
6    (g) The Inspector General shall have the power to subpoena
7witnesses and compel the production of books and papers
8pertinent to an investigation authorized by this Section. The
9power to subpoena or to compel the production of books and
10papers, however, shall not extend to the person or documents
11of a labor organization or its representatives insofar as the
12person or documents of a labor organization relate to the
13function of representing an employee subject to investigation
14under this Section. Any person who fails to appear in response
15to a subpoena or to answer any question or produce any books or
16papers pertinent to an investigation under this Section,
17except as otherwise provided in this Section, or who knowingly
18gives false testimony in relation to an investigation under
19this Section is guilty of a Class A misdemeanor.
20    (h) The Inspector General shall provide to the General
21Assembly and the Governor, no later than January 1 of each
22year, a summary of reports and investigations made under this
23Section for the prior fiscal year. The summaries shall detail
24the imposition of sanctions and the final disposition of those
25recommendations. The summaries shall not contain any
26confidential or identifying information concerning the



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1subjects of the reports and investigations. The summaries also
2shall include detailed recommended administrative actions and
3matters for consideration by the General Assembly.".