093_HB1110ham003

 










                                     LRB093 08066 DRH 14286 a

 1                    AMENDMENT TO HOUSE BILL 1110

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

 5        "Section 5.  The Toll Highway Act is  amended  by  adding
 6    Sections 8.1, 9.65, and 16.2 as follows:

 7        (605 ILCS 10/8.1 new)
 8        Sec. 8.1.  Inspector General.
 9        (a)  The  Governor  must,  with the advice and consent of
10    the Senate, appoint an Inspector General for the  purpose  of
11    detection,  deterrence,  and prevention of fraud, corruption,
12    and mismanagement in the Authority.   The  Inspector  General
13    shall  serve a 2-year term.  If no successor is appointed and
14    qualified upon the  expiration  of  the  Inspector  General's
15    term,  the  Office  of Inspector General is deemed vacant and
16    the powers and duties under this  Section  may  be  exercised
17    only  by an appointed and qualified interim Inspector General
18    until  a  successor  Inspector  General  is   appointed   and
19    qualified.   If the General Assembly is not in session when a
20    vacancy in  the  Office  of  Inspector  General  occurs,  the
21    Governor  may appoint an interim Inspector General whose term
22    shall expire 2  weeks  after  the  next  regularly  scheduled
 
                            -2-      LRB093 08066 DRH 14286 a
 1    session day of the Senate.
 2        (b)  The  Inspector  General  shall  have  the  following
 3    qualifications:
 4             (1)  has not been convicted  of any felony under the
 5        laws of this State, another State, or the United States;
 6             (2)  has  earned  a  baccalaureate  degree  from  an
 7        institution of higher education; and
 8             (3)  has  either (A) 5 or more years of service with
 9        a federal, State, or local  law  enforcement  agency,  at
10        least  2  years  of  which  have  been  in  a progressive
11        investigatory capacity; (B) 5 or more years of service as
12        a federal, State, or local prosecutor; or (C) 5  or  more
13        years  of  service  as a senior manager or executive of a
14        federal, State, or local law enforcement agency.
15        (c)  The Inspector General may  review,  coordinate,  and
16    recommend methods and procedures to increase the integrity of
17    the Authority.  The Inspector General must report directly to
18    the Governor.
19        (d)  The Governor may designate the Inspector General and
20    inspectors  who are members of the Inspector General's office
21    as peace officers. These inspectors shall have all the powers
22    possessed  by  police  officers  in  municipalities  and   by
23    sheriffs  of  counties, and the inspectors may exercise those
24    powers anywhere in the State but only in the investigation of
25    allegations of misconduct or criminal behavior by  the  Board
26    of Directors of the Authority or employees of the Authority.
27        No  inspector  may  have peace officer status or exercise
28    police powers unless he or  she  successfully  completes  the
29    basic  police  training mandated and approved by the Illinois
30    Law Enforcement Training Standards Board or the Board  waives
31    the  training  requirement by reason of the inspector's prior
32    law enforcement experience or training, or both.
33        The Board may not waive the training  requirement  unless
34    the inspector has had a minimum of 5 years of experience as a
 
                            -3-      LRB093 08066 DRH 14286 a
 1    sworn  officer  of a local, State, or federal law enforcement
 2    agency, 2  of  which  must  have  been  in  an  investigatory
 3    capacity.
 4        (e)  In  addition  to the authority otherwise provided by
 5    this Section, but only when investigating the Authority,  its
 6    employees,   or  their  actions  for  fraud,  corruption,  or
 7    mismanagement, the Inspector General is authorized:
 8             (1)  To have access to all records, reports, audits,
 9        reviews, documents,  papers,  recommendations,  or  other
10        materials   available   that   relate   to  programs  and
11        operations with respect to which  the  Inspector  General
12        has responsibilities under this Section.
13             (2)  To make any investigations and reports relating
14        to  the  administration of the programs and operations of
15        the Authority that are, in the judgement of the Inspector
16        General, necessary or desirable.
17             (3)  To request any information or  assistance  that
18        may   be  necessary  for  carrying  out  the  duties  and
19        responsibilities provided by this Section from any local,
20        State, or federal governmental agency or unit thereof.
21             (4)  To seek a subpoena or subpoena duces  tecum  to
22        be  issued  by  a court of competent jurisdiction in Cook
23        County, Sangamon County, or any county where the subpoena
24        or subpoena duces tecum is sought to be enforced.  Except
25        for  a  person  who  has  petitioned a court of competent
26        jurisdiction in Cook  County,  Sangamon  County,  or  any
27        county  where  the  subpoena  or  subpoena duces tecum is
28        sought to be enforced for a protective order or to  quash
29        or  modify the subpoena or subpoena duces tecum, a person
30        duly subpoenaed for testimony or documents  who  neglects
31        or  refuses  to  testify  or  produce  any  documents  or
32        records,  excluding  documents  and  other communications
33        covered by privilege and excluding records regarding  the
34        representation   of  employees  and  the  negotiation  of
 
                            -4-      LRB093 08066 DRH 14286 a
 1        collective bargaining agreements by a labor  organization
 2        authorized and recognized under the Illinois Public Labor
 3        Relations    Act   to   be   the   exclusive   bargaining
 4        representative of employees of the Authority,  under  the
 5        requirements  of  the  subpoena  or subpoena duces tecum,
 6        shall be proceeded against and punished for  contempt  of
 7        court.   Nothing  within  this  paragraph  (4)  limits  a
 8        person's right to protection  against  self-incrimination
 9        under   the   Fifth   Amendment   of  the  United  States
10        Constitution  or  Article   I,   Section   10,   of   the
11        Constitution of the State of Illinois. A court, on motion
12        of  the  Inspector  General,  may  order that a person be
13        granted immunity from prosecution in a criminal  case  as
14        to  any  information  directly or indirectly derived from
15        the production of evidence from the person if the  person
16        has  refused  or  is  likely  to  refuse  to  produce the
17        evidence on the basis of his  or  her  privilege  against
18        self-incrimination.   The   production   of  evidence  so
19        compelled under the order, and any  information  directly
20        or  indirectly  derived  from it, may not be used against
21        the witness in a criminal case, except in  a  prosecution
22        for  perjury,  false  swearing,  or  an offense otherwise
23        involving a failure to comply with the order. An order of
24        immunity  granted  under  this  Section  does   not   bar
25        prosecution   of  the  witness,  except  as  specifically
26        provided in this Section.
27             (5)  To have direct and prompt access to  the  Board
28        of  Directors of the Authority for any purpose pertaining
29        to the  performance  of  functions  and  responsibilities
30        under this Section.
31        (f)  The  Inspector  General  may receive and investigate
32    complaints or information from an employee of  the  Authority
33    concerning the possible existence of an activity constituting
34    a  violation  of  law,  rules, or regulations; mismanagement;
 
                            -5-      LRB093 08066 DRH 14286 a
 1    abuse of authority; or substantial and specific danger to the
 2    public health and safety.  Any employee who knowingly files a
 3    false complaint or files a complaint with reckless  disregard
 4    for  the  truth  or  the  falsity of the facts underlying the
 5    complaint may be subject to discipline.
 6        The  Inspector  General  may  not,  after  receipt  of  a
 7    complaint or  information  from  an  employee,  disclose  the
 8    identity of the employee without the consent of the employee.
 9        Any  employee  who  has  the  authority  to  recommend or
10    approve any personnel action or to direct others to recommend
11    or approve any personnel action may not, with respect to that
12    authority, take or threaten to take any  action  against  any
13    employee  as  a reprisal for making a complaint or disclosing
14    information to the Inspector General,  unless  the  complaint
15    was made or the information disclosed with the knowledge that
16    it  was  false  or  with  willful  disregard for its truth or
17    falsity.
18        (g)  The  Inspector  General   must   adopt   rules,   in
19    accordance with the provisions of the Illinois Administrative
20    Procedure   Act,   establishing   minimum   requirements  for
21    initiating, conducting, and completing  investigations.   The
22    rules must establish criteria for determining, based upon the
23    nature   of   the   allegation,  the  appropriate  method  of
24    investigation, which may include, but is not limited to, site
25    visits, telephone contacts, personal interviews, or  requests
26    for  written  responses.  The rules must also clarify how the
27    Office of the Inspector General  shall  interact  with  other
28    local, State, and federal law enforcement investigations.
29        Any employee of the Authority subject to investigation or
30    inquiry   by   the   Inspector   General   or  any  agent  or
31    representative of the Inspector General shall have the  right
32    to  be  notified  of  the  right  to remain silent during the
33    investigation or inquiry and the right to be  represented  in
34    the  investigation  or inquiry by a representative of a labor
 
                            -6-      LRB093 08066 DRH 14286 a
 1    organization that  is  the  exclusive  collective  bargaining
 2    representative  of  employees  of  the  Authority.  Any  such
 3    investigation or inquiry must be conducted in compliance with
 4    the  provisions  of  a  collective  bargaining agreement that
 5    applies to the employees of the Authority. Any recommendation
 6    for discipline or any action taken against  any  employee  by
 7    the  Inspector  General or any representative or agent of the
 8    Inspector General must comply  with  the  provisions  of  the
 9    collective bargaining agreement that applies to the employee.
10        (h)  The Inspector General shall provide to the Authority
11    and   the   General   Assembly   a  summary  of  reports  and
12    investigations made  under  this  Section  for  the  previous
13    fiscal  year  no  later  than  January  1  of  each year. The
14    summaries shall detail the final disposition of the Inspector
15    General's recommendations. The summaries  shall  not  contain
16    any  confidential  or  identifying information concerning the
17    subjects of the reports  and  investigations.  The  summaries
18    shall   also  include  detailed,  recommended  administrative
19    actions  and  matters  for  consideration  by   the   General
20    Assembly.
21        (i)  The   Office  of  the  Inspector  General  shall  be
22    represented in all legal matters by the Attorney General.

23        (605 ILCS 10/9.65 new)
24        Sec.  9.65.  Construction   of   sound   barriers.    The
25    Authority  shall  use concrete masonry units to construct all
26    sound barriers along any portion of the toll  highway  system
27    that  is  constructed  on or after the effective date of this
28    amendatory Act of the 93rd General Assembly.

29        (605 ILCS 10/16.2 new)
30        Sec. 16.2.  Financial benefit prohibited.
31        (a)  A director, employee, or agent of the Authority  may
32    not  receive  a  financial benefit from a contract let by the
 
                            -7-      LRB093 08066 DRH 14286 a
 1    Authority  during  his  or  her  term  of  service  with  the
 2    Authority  and  for  a  period  of  one  year  following  the
 3    termination of his or her term of service as  a  director  of
 4    the Authority or as an employee or agent of the Authority.
 5        (b)  A  member  of the immediate family or household of a
 6    director, employee, or agent of the Authority may not receive
 7    a financial benefit from a  contract  let  by  the  Authority
 8    during  the  immediate  family  or household member's term of
 9    service with the Authority and  for  a  period  of  one  year
10    following   the   termination  of  the  immediate  family  or
11    household member's term of  service  as  a  director  of  the
12    Authority or as an employee or agent of the Authority.
13        (c)  A  director, employee, or agent of the Authority may
14    not  use  material  non-public   information   for   personal
15    financial gain nor may he or she disclose that information to
16    any  other  person  for that person's personal financial gain
17    when that information was obtained as a result of his or  her
18    directorship, employment, or agency with the Authority.
19        (d)  A  member  of the immediate family or household of a
20    director, employee, or agent of the  Authority  may  not  use
21    material  non-public  information for personal financial gain
22    nor may he or she disclose  that  information  to  any  other
23    person  for  that  person's personal financial gain when that
24    information was obtained as a result of his or her  immediate
25    family  or  household  member's  directorship, employment, or
26    agency with the Authority.
27        (e)  For purposes of this Section, "immediate  family  or
28    household  member"  means the spouse, child, parent, brother,
29    sister, grandparent, or  grandchild,  whether  of  the  whole
30    blood  or half blood or by adoption, or a person who shares a
31    common dwelling with a director of the Authority or  with  an
32    employee or agent of the Authority.

33        Section  99.  Effective date.  This Act takes effect upon
 
                            -8-      LRB093 08066 DRH 14286 a
 1    becoming law.".