093_HB2815ham001

 










                                     LRB093 07171 DRH 14285 a

 1                    AMENDMENT TO HOUSE BILL 2815

 2        AMENDMENT NO.     .  Amend House Bill 2815  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Toll Highway Act is amended by changing
 5    Section 11 and adding Sections 8.1, 9.65, 16.2, and  20.2  as
 6    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 07171 DRH 14285 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
 
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 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 07171 DRH 14285 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 07171 DRH 14285 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 07171 DRH 14285 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 Inspector General shall be represented
22    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 and after the effective date  of  this
28    amendatory Act of the 93rd General Assembly.

29        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
30        Sec. 11. The Authority shall have power:
31        (a)  To  enter  upon  lands,  waters  and premises in the
32    State for the purpose of making surveys, soundings, drillings
 
                            -7-      LRB093 07171 DRH 14285 a
 1    and examinations as may be necessary, expedient or convenient
 2    for the purposes of this Act, and such  entry  shall  not  be
 3    deemed  to be a trespass, nor shall an entry for such purpose
 4    be deemed an entry under any condemnation  proceedings  which
 5    may  be  then  pending; provided, however, that the Authority
 6    shall make reimbursement for any actual damage  resulting  to
 7    such  lands,  waters  and  premises  as  the  result  of such
 8    activities.
 9        (b)  To construct, maintain and operate stations for  the
10    collection  of  tolls  or  charges  upon  and  along any toll
11    highways.
12        (c)  To provide for the collection of tolls  and  charges
13    for  the privilege of using the said toll highways. Before it
14    adopts an increase in the rates for toll, the Authority shall
15    hold a public hearing at which any person may appear, express
16    opinions, suggestions, or  objections,  or  direct  inquiries
17    relating  to the proposed increase.   Any person may submit a
18    written statement to the Authority at  the  hearing,  whether
19    appearing in person or not.  The hearing shall be held in the
20    county in which the proposed increase of the rates is to take
21    place.
22        The  Authority  shall  give  notice  of  the  hearing  by
23    advertisement  on 3 successive days at least 15 days prior to
24    the date of the hearing  in  a  daily  newspaper  of  general
25    circulation  within  the  county  within which the hearing is
26    held.  The notice shall state the date, time,  and  place  of
27    the  hearing,  shall  contain  a  description of the proposed
28    increase, and shall specify how interested persons may obtain
29    copies  of  any   reports,   resolutions,   or   certificates
30    describing   the   basis   on   which  the  proposed  change,
31    alteration, or modification was calculated.
32        The Authority may not hold more than one hearing  on  the
33    same  day in connection with a proposed increase in the rates
34    for toll under this subsection. The Authority must schedule a
 
                            -8-      LRB093 07171 DRH 14285 a
 1    minimum of  4  hours  for  each  such  hearing.  At  least  3
 2    directors  of  the  Authority  must  be  present at each such
 3    hearing, and each such  director  must  be  present  for  the
 4    entire duration of the hearing.
 5        After  consideration  of  any  statements  filed  or oral
 6    opinions, suggestions, objections, or inquiries made  at  the
 7    hearing,  the  Authority  may  proceed  to adopt the proposed
 8    increase of the rates for toll.  No change or  alteration  in
 9    or  modification  of  the  rates  for toll shall be effective
10    unless at least 30 days prior to the effective date  of  such
11    rates  notice  thereof  shall  be  given  to  the  public  by
12    publication  in  a newspaper of general circulation, and such
13    notice, or notices, thereof  shall  be  posted  and  publicly
14    displayed  at  each and every toll station upon or along said
15    toll highways.
16        (d)  To construct, at the Authority's  discretion,  grade
17    separations  at  intersections with any railroads, waterways,
18    street railways,  streets,  thoroughfares,  public  roads  or
19    highways intersected by the said toll highways, and to change
20    and  adjust the lines and grades thereof so as to accommodate
21    the same to the  design  of  such  grade  separation  and  to
22    construct   interchange   improvements.   The   Authority  is
23    authorized to provide such grade separations  or  interchange
24    improvements  at  its  own cost or to enter into contracts or
25    agreements with reference to division of cost  therefor  with
26    any  municipality  or  political  subdivision of the State of
27    Illinois, or with  the  Federal  Government,  or  any  agency
28    thereof, or with any corporation, individual, firm, person or
29    association.  Where  such  structures  have been built by the
30    Authority and a local highway agency did not  enter  into  an
31    agreement  to  the contrary, the Authority shall maintain the
32    entire  structure,  including  the  road  surface,   at   the
33    Authority's expense.
34        (e)  To  contract  with and grant concessions to or lease
 
                            -9-      LRB093 07171 DRH 14285 a
 1    or license to any person, partnership, firm,  association  or
 2    corporation  so  desiring  the  use  of  any part of any toll
 3    highways, excluding the paved portion thereof, but  including
 4    the right of way adjoining, under, or over said paved portion
 5    for  the  placing  of  telephone,  telegraph, electric, power
 6    lines and other utilities, and for the placing of pipe lines,
 7    and to enter into operating agreements with  or  to  contract
 8    with  and  grant  concessions  to  or to lease to any person,
 9    partnership, firm, association or corporation so desiring the
10    use of any part of the toll  highways,  excluding  the  paved
11    portion thereof, but including the right of way adjoining, or
12    over  said  paved portion for motor fuel service stations and
13    facilities, garages, stores and restaurants, or for any other
14    lawful purpose, and to  fix  the  terms,  conditions,  rents,
15    rates and charges for such use.
16        The   Authority   shall  also  have  power  to  establish
17    reasonable regulations for  the  installation,  construction,
18    maintenance,  repair,  renewal,  relocation  and  removal  of
19    pipes,  mains,  conduits,  cables,  wires,  towers, poles and
20    other  equipment  and  appliances   (herein   called   public
21    utilities)  of  any  public  utility as defined in the Public
22    Utilities Act along, over or under  any  toll  road  project.
23    Whenever  the  Authority shall determine that it is necessary
24    that any such public utility facilities which now are located
25    in, on, along, over or  under  any  project  or  projects  be
26    relocated  or  removed  entirely  from  any  such  project or
27    projects,  the  public  utility  owning  or  operating   such
28    facilities  shall  relocate  or remove the same in accordance
29    with the order of the Authority. All costs  and  expenses  of
30    such  relocation or removal, including the cost of installing
31    such facilities in a new location or locations, and the  cost
32    of  any  land  or  lands,  or  interest in land, or any other
33    rights required to  accomplish  such  relocation  or  removal
34    shall  be  ascertained and paid by the Authority as a part of
 
                            -10-     LRB093 07171 DRH 14285 a
 1    the cost of any such project or projects, and further,  there
 2    shall  be  no  rent,  fee or other charge of any kind imposed
 3    upon the public utility owning or  operating  any  facilities
 4    ordered relocated on the properties of the said Authority and
 5    the  said  Authority  shall  grant to the said public utility
 6    owning or operating said facilities and  its  successors  and
 7    assigns  the right to operate the same in the new location or
 8    locations for as long a period and upon the  same  terms  and
 9    conditions  as  it had the right to maintain and operate such
10    facilities in their former location or locations.
11    (Source: P.A. 90-681, eff. 7-31-98.)

12        (605 ILCS 10/16.2 new)
13        Sec. 16.2.  Financial benefit prohibited.
14        (a)  A director, employee, or agent of the Authority  may
15    not  receive  a  financial benefit from a contract let by the
16    Authority  during  his  or  her  term  of  service  with  the
17    Authority  and  for  a  period  of  one  year  following  the
18    termination of his or her term of service as  a  director  of
19    the Authority or as an employee or agent of the Authority.
20        (b)  A  member  of the immediate family or household of a
21    director, employee, or agent of the Authority may not receive
22    a financial benefit from a  contract  let  by  the  Authority
23    during  the  immediate  family  or household member's term of
24    service with the Authority and  for  a  period  of  one  year
25    following   the   termination  of  the  immediate  family  or
26    household member's term of  service  as  a  director  of  the
27    Authority or as an employee or agent of the Authority.
28        (c)  A  director, employee, or agent of the Authority may
29    not  use  material  non-public   information   for   personal
30    financial gain nor may he or she disclose that information to
31    any  other  person  for that person's personal financial gain
32    when that information was obtained as a result of his or  her
33    directorship, employment, or agency with the Authority.
 
                            -11-     LRB093 07171 DRH 14285 a
 1        (d)  A  member  of the immediate family or household of a
 2    director, employee, or agent of the  Authority  may  not  use
 3    material  non-public  information for personal financial gain
 4    nor may he or she disclose  that  information  to  any  other
 5    person  for  that  person's personal financial gain when that
 6    information was obtained as a result of his or her  immediate
 7    family  or  household  member's  directorship, employment, or
 8    agency with the Authority.
 9        (e)  For purposes of this Section, "immediate  family  or
10    household  member"  means the spouse, child, parent, brother,
11    sister,   grandparent,   or   grandchild   whether   of   the
12    whole-blood, half-blood, or adoption, or a person who  shares
13    a common dwelling with a director of the Authority or with an
14    employee or agent of the Authority.

15        (605 ILCS 10/20.2 new)
16        Sec. 20.2. Comprehensive Strategic Financial Plan.
17        (a)  The  Authority  must submit to the General Assembly,
18    not later than December 31,  2003,  a  15-year  comprehensive
19    strategic  financial  plan.  The  plan  must include detailed
20    information regarding the Authority's  income,  expenditures,
21    debt, capital needs, and the cost of any planned toll highway
22    extensions.  The Authority must provide detailed and specific
23    information regarding how it will  fund  its  debt,  unfunded
24    capital needs, and the planned toll highway extensions.  This
25    information must include the possibility of obtaining federal
26    funds,  both  loans  and  grants,  under  the  Transportation
27    Infrastructure Innovation Act or other federal programs.
28        (b)  Before submitting the plan under subsection (a), the
29    Authority  must  hold at least 2 public hearings at which any
30    person  may  appear,  express   opinions,   suggestions,   or
31    objections,  or  direct  inquiries  relating  to the proposed
32    plan. The Authority may not hold more than one hearing on the
33    same day in connection with the proposed plan. The  Authority
 
                            -12-     LRB093 07171 DRH 14285 a
 1    must  schedule a minimum of 4 hours for each such hearing. At
 2    least 3 directors of the Authority must be  present  at  each
 3    such  hearing, and each such director must be present for the
 4    entire duration of the hearing.".