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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2591
Introduced 2/18/2005, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/8.1 new |
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605 ILCS 10/16.2 new |
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605 ILCS 10/16.3 new |
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Amends the Toll Highway Act. Requires the
Governor to appoint, with the advice and consent of the Senate, an Inspector
General for the Authority, and sets forth his or her powers and duties.
Provides that the Office of the Inspector General shall
be represented in all legal matters by the Attorney General. Places certain restrictions on directors of the Illinois State Toll Highway
Authority and their employees and agents concerning receiving financial benefit
from their positions or employment with the Authority. Provides that the Authority shall, in a manner consistent with the law, ensure that disadvantaged businesses have access to the Authority's contract bidding process. Effective
immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2591 |
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LRB094 08394 DRH 38594 b |
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| AN ACT in relation to transportation.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by adding |
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| Sections 8.1, 16.2, and 16.3 as
follows:
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| (605 ILCS 10/8.1 new)
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| Sec. 8.1. Inspector General.
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| (a) The Governor must, with the advice and consent of the |
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| Senate,
appoint an Inspector General for the purpose of |
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| providing increased accountability and oversight, detection, |
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| deterrence, and
prevention of fraud, corruption, waste, |
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| inefficiencies, and mismanagement in the
Authority. The |
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| Inspector General shall serve a 2-year
term. If no successor is |
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| appointed and qualified upon the
expiration of the Inspector |
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| General's term, the office of Inspector General is
deemed |
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| vacant and the powers and duties under this Section may be |
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| exercised
only by an appointed and qualified interim Inspector |
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| General until a successor
Inspector General is appointed and |
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| qualified.
If the General Assembly is not in session when a |
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| vacancy in the office of
Inspector General occurs, the Governor |
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| may appoint an interim
Inspector General whose term shall |
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| expire 2 weeks after the next
regularly scheduled session day |
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| of the Senate.
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| (b) The Inspector General shall have the following |
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| qualifications:
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| (1) no conviction of any felony under the laws of this |
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| State,
another state, or the United States;
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| (2) an earned baccalaureate degree from an institution |
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| of higher
education; and
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| (3) 5 or more years of service (A) with a federal, |
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| State, or
local law enforcement agency, at least 2 years of |
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| which have been in a
progressive investigatory capacity; |
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HB2591 |
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LRB094 08394 DRH 38594 b |
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| (B) as a
federal, State, or local prosecutor; or (C) as a
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| senior manager or executive of a federal, State, or local
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| agency.
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| (c) The Inspector General may review, coordinate, and |
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| recommend methods and
procedures to increase the integrity of |
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| the Authority.
The Inspector General must report directly to |
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| the Governor through the Office of the Executive Inspector |
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| General for the Governor.
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| (d) In addition to the authority otherwise provided by this |
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| Section, but
only when investigating the Authority, its |
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| employees, or
their actions for fraud, corruption, or |
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| mismanagement, the Inspector General is
authorized:
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| (1) To have access to all records, reports, audits, |
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| reviews, documents,
papers, recommendations, or other |
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| materials available that relate to programs
and operations |
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| with respect to which the Inspector General has |
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| responsibilities
under this Section.
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| (2) To make any investigations and reports relating to |
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| the administration
of the programs and operations of the |
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| Authority that
are, in the judgment of the Inspector |
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| General, necessary or desirable.
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| (3) To request any information or assistance that may |
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| be necessary for
carrying out the duties and |
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| responsibilities provided by this Section from any
local, |
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| State, or federal governmental agency or unit thereof.
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| (4) To issue subpoenas and to compel the attendance of |
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| witnesses for
purposes of testimony and the production of |
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| documents and other items for
inspection and copying.
If a |
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| person has petitioned a court
of competent jurisdiction in |
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| Cook County, Sangamon County, or any county where
the |
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| subpoena is sought to be enforced for a protective order or |
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| to quash or
modify the subpoena, then this Section does not |
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| apply during the pendency of
the court proceedings |
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| concerning the petition.
A person duly subpoenaed for |
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| testimony, documents, or other items who neglects
or |
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| refuses to testify or produce documents or other items |
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HB2591 |
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LRB094 08394 DRH 38594 b |
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| under the
requirements of the subpoena shall be subject to |
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| punishment as may be
determined by a court of competent |
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| jurisdiction, unless the testimony,
documents, or other |
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| items are covered by the attorney-client privilege or any |
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| other privilege recognized by State or federal law. Nothing |
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| in this Section
limits
a person's right to protection |
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| against self-incrimination under the
Fifth Amendment of |
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| the United States Constitution or Article I, Section 10, of
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| the Constitution of the State of Illinois.
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| (5) To have direct and prompt access to the Board of |
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| Directors of
the
Authority for any
purpose pertaining to |
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| the performance of functions and responsibilities under
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| this Section.
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| (f) The Inspector General may receive and investigate |
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| complaints or
information from an employee of the Authority |
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| concerning the possible
existence of an activity constituting a |
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| violation of law, rules, or
regulations; mismanagement; abuse |
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| of authority; or substantial and specific
danger to the public |
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| health and safety. The Inspector General shall have the
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| discretion to determine the appropriate means of investigation |
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| as permitted by
law. Any employee who
knowingly files a
false
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| complaint or files a complaint with reckless disregard for the |
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| truth or the
falsity
of the facts underlying the complaint may |
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| be subject to discipline.
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| The Inspector General may not, after receipt of a complaint |
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| or information
from an employee, disclose the identity of the |
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| employee without the consent of
the employee, unless the |
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| Inspector General determines that disclosure of the identity is |
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| reasonable and necessary for the furtherance of the |
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| investigation.
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| Any employee who has the authority to recommend or
approve |
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| any personnel action or to direct others to recommend or |
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| approve any
personnel action may not, with respect to that |
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| authority, take or threaten to
take any action against any |
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| employee as a reprisal for making a
complaint or disclosing |
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| information to the Inspector General, unless the
complaint was |
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LRB094 08394 DRH 38594 b |
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| made or the information disclosed with the knowledge that it |
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| was
false or with willful disregard for its truth or falsity.
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| (g) The Inspector General must adopt rules, in accordance |
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| with the
provisions of the Illinois Administrative Procedure |
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| Act, establishing minimum
requirements for initiating, |
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| conducting, and completing investigations. The
rules must |
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| establish criteria for determining, based upon the nature of |
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| the
allegation, the appropriate method of investigation, which |
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| may include, but is
not limited to, site visits, telephone |
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| contacts, personal interviews, or
requests for written |
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| responses. The rules must also clarify how the Office of
the |
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| Inspector General shall interact with other local, State, and |
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| federal law
enforcement investigations.
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| Any employee of the Authority subject to investigation or |
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| inquiry
by the Inspector General, or any agent or |
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| representative of the Inspector
General, concerning misconduct |
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| that is criminal shall have the right to be notified of the |
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| right to remain silent
during the investigation or inquiry and |
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| the right to be represented in the
investigation or inquiry by |
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| a representative of a labor organization that is
the exclusive |
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| collective bargaining representative of employees of the
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| Authority. Any such investigation or inquiry must be conducted |
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| in a manner consistent with the provisions of a collective |
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| bargaining
agreement that applies to the employees of the |
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| Authority. Any
recommendation for discipline or any action |
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| taken against any employee by the
Inspector General, or any |
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| representative or agent of the Inspector General, must
be |
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| undertaken in a manner consistent with the rights of the |
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| employees as set forth in State and federal law and applicable |
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| judicial decisions.
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| (h) The Inspector General shall provide to the Authority |
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| and the
General Assembly a summary of reports and |
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| investigations made under this
Section
for the previous fiscal |
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| year no later than January 1 of each year. The
summaries shall |
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| detail the final disposition of the Inspector General's
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| recommendations. The summaries shall not contain any |
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HB2591 |
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LRB094 08394 DRH 38594 b |
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| confidential or
identifying information concerning the |
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| subjects of the reports and
investigations. The summaries shall |
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| also include detailed, recommended
administrative actions and |
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| matters for consideration by the General
Assembly.
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| (i) The Office of the Inspector General shall be |
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| represented in all legal
matters by the Attorney General.
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| (605 ILCS 10/16.2 new)
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| Sec. 16.2. Financial benefit prohibited.
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| (a) A director, employee, or agent of the Authority may not |
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| receive
a financial benefit from a contract let by the |
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| Authority during his or
her term of service with the Authority |
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| and for a period of one year following
the termination of his |
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| or her term of service as a director of the Authority
or as an |
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| employee or agent of the Authority.
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| (b) A member of the immediate family or household of a |
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| director, employee,
or agent of the Authority may not receive a |
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| financial benefit from a contract
let by the Authority during |
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| the immediate family or household member's term
of service with |
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| the Authority and for a period of one year following the
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| termination of the immediate family or household member's term |
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| of service as
a director of the Authority or as an employee or |
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| agent of the Authority.
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| (c) A director, employee, or agent of the Authority may not |
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| use material
non-public information for personal financial |
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| gain nor may he or she disclose
that information to any other |
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| person for that person's personal financial gain
when that |
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| information was obtained as a result of his or her |
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| directorship,
employment, or agency with the Authority.
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| (d) A member of the immediate family or household of a |
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| director, employee,
or agent of the Authority may not use |
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| material non-public information for
personal financial gain |
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| nor may he or she disclose that information to any
other person |
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| for that person's personal financial gain when that information
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| was obtained as a result of his or her immediate family or |
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| household member's
directorship, employment, or agency with |
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HB2591 |
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LRB094 08394 DRH 38594 b |
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| the Authority.
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| (e) For purposes of this Section, "immediate family or |
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| household member"
means the spouse, child, parent, brother, |
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| sister, grandparent, or grandchild,
whether of the whole blood |
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| or half blood or by adoption, or a person who shares
a common |
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| dwelling with a director of the Authority or with an employee |
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| or agent
of the Authority.
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| (605 ILCS 10/16.3 new)
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| Sec. 16.3. Disadvantaged businesses. In a manner |
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| consistent with the law, the Authority shall: |
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| (a) set goals for the award of contracts to disadvantaged |
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| businesses and attempt to meet the goals; |
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| (b) attempt to identify disadvantaged businesses that |
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| provide or have the potential to provide supplies, materials, |
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| equipment, or services to the Authority; and |
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| (c) give disadvantaged businesses full access to the |
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| Authority's contract bidding process, inform the businesses |
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| about the process, offer the businesses assistance concerning |
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| the process, and identify and take all reasonable steps to |
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| remove barriers to the businesses' participation in the |
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| process.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |