093_HB1110eng

 
HB1110 Engrossed                     LRB093 08066 DRH 08267 b

 1        AN ACT in relation to highways.

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

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