Full Text of SB3118 96th General Assembly
SB3118 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3118
Introduced 2/8/2010, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/8 |
from Ch. 121, par. 100-8 |
605 ILCS 10/32.5 new |
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Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority (the Authority) has the power to employ and discharge, subject to (rather than without regard to) the requirements of
any civil service or personnel Act. Creates the Office of the Toll Highway Inspector General under the direction and
supervision
of the Toll Highway Inspector General (Inspector General) as a fully independent office with
separate
appropriations. Provides that the Governor shall appoint the Inspector General, and provides for appointment procedures and the minimum qualifications for the Inspector General. Contains provisions concerning the term, filling vacancies, compensation, ethics, and removal of the Inspector General. Provides that the Inspector General shall
have jurisdiction over the Authority and all officers and employees of,
and vendors and others doing business with,
State agencies within the jurisdiction of the Authority. Provides that subject to a person's privilege against self-incrimination, any person who fails to appear in response to a subpoena, answer any question, or produce any books or papers pertinent to an investigation or who knowingly gives false testimony in relation to an investigation by the Inspector General is guilty of a Class A misdemeanor. Provides that the annual budget for the Inspector General shall be set to 0.5% of the Authority's total revenue for the immediately preceding fiscal year.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB3118 |
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LRB096 19776 AJT 35213 b |
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| AN ACT concerning 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 changing | 5 |
| Section 8 and by adding Section 32.5 as follows:
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| (605 ILCS 10/8) (from Ch. 121, par. 100-8)
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| Sec. 8. The Authority shall have the power:
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| (a) To acquire, own, use, hire, lease, operate and dispose | 9 |
| of
personal property, real property (except with respect to the | 10 |
| headquarters
building and surrounding land of the Authority | 11 |
| located at 2700 Ogden Avenue,
Downers Grove, Illinois, which | 12 |
| may be sold or mortgaged only as provided in
Section 7.5
of the | 13 |
| State Property Control Act
to the extent that such property is | 14 |
| subject to the State Property Control
Act at the time
of the | 15 |
| proposed sale), any interest therein, including
rights-of-way, | 16 |
| franchises and easements.
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| (b) To enter into all contracts and agreements necessary or
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| incidental to the performance of its powers under this Act. All
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| employment contracts let under this Act shall be in conformity | 20 |
| with the
applicable provisions of "An Act regulating wages of | 21 |
| laborers, mechanics
and other workers employed under contracts | 22 |
| for public works," approved
June 26, 1941, as amended.
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| (c) To employ and discharge, subject without regard to the |
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SB3118 |
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LRB096 19776 AJT 35213 b |
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| requirements of
any civil service or personnel act, such | 2 |
| administrative, engineering,
traffic, architectural, | 3 |
| construction, and financial experts, and
inspectors, and such | 4 |
| other employees, as are necessary in the
Authority's judgment | 5 |
| to carry out the purposes of this Act; and to
establish and | 6 |
| administer standards of classification of all of such
persons | 7 |
| with respect to their compensation, duties, performance, and
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| tenure; and to enter into contracts of employment with such | 9 |
| persons for
such periods and on such terms as the Authority | 10 |
| deems desirable.
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| (d) To appoint by and with the consent of the Attorney | 12 |
| General,
assistant attorneys for such Authority, which said | 13 |
| assistant attorneys
shall be under the control, direction and | 14 |
| supervision of the Attorney
General and shall serve at his | 15 |
| pleasure.
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| (e) To retain special counsel, subject to the approval of | 17 |
| the
Attorney General, as needed from time to time, and fix | 18 |
| their
compensation, provided however, such special counsel | 19 |
| shall be
subject
to
the control, direction and supervision of | 20 |
| the Attorney General and shall
serve at his pleasure.
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| (f) To acquire, construct, relocate, operate, regulate and | 22 |
| maintain
a system of toll highways through and within the State | 23 |
| of Illinois.
However, the Authority does not have the power to | 24 |
| acquire, operate,
regulate or maintain any system of toll | 25 |
| highways or toll bridges or
portions of them (including but not | 26 |
| limited to any system organized
pursuant to Division 108 of |
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| Article 11 of the Illinois Municipal Code)
in the event either | 2 |
| of the following conditions exists at the time the
proposed | 3 |
| acquisition, operation, regulation or maintenance of such
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| system is to become effective:
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| (1) the principal or interest on bonds or other instruments
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| evidencing indebtedness of the system are in default; or
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| (2) the principal or interest on bonds or other instruments
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| evidencing indebtedness of the system have been in default at | 9 |
| any time
during the 5 year period prior to the proposed | 10 |
| acquisition.
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| To facilitate such construction, operation
and maintenance | 12 |
| and subject to the approval of the Division of Highways
of the | 13 |
| Department of Transportation, the Authority shall have the full
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| use and advantage of the engineering staff and facilities of | 15 |
| the
Department.
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| (Source: P.A. 93-19, eff. 6-20-03.)
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| (605 ILCS 10/32.5 new) | 18 |
| Sec. 32.5. Office of the Toll Highway Inspector General. | 19 |
| (a) The Office of the Toll Highway Inspector General is | 20 |
| hereby created. The Office shall be under the direction and
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| supervision
of the Toll Highway Inspector General and shall be | 22 |
| a fully independent office with
separate
appropriations. | 23 |
| (b) The Governor shall appoint the Toll Highway Inspector | 24 |
| General. Appointments shall be made by and with the advice and | 25 |
| consent of the
Senate by three-fifths of the elected members |
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| concurring by record vote.
Any nomination not acted upon by the | 2 |
| Senate within 60 session days of the
receipt thereof shall be | 3 |
| deemed to have received the advice and consent of
the Senate. | 4 |
| If, during a recess of the Senate, there is a vacancy in the | 5 |
| office
of the Toll Highway Inspector General, the appointing | 6 |
| authority shall make a
temporary appointment until the next | 7 |
| meeting of the Senate when the
appointing authority shall make | 8 |
| a nomination to fill that office. No person
rejected for the | 9 |
| office of the Toll Highway Inspector General shall, except by | 10 |
| the
Senate's request, be nominated again for that office at the | 11 |
| same session of
the Senate or be appointed to that office | 12 |
| during a recess of that Senate. | 13 |
| Nothing in this Section precludes the appointment by the | 14 |
| Governor, Attorney
General,
Secretary of State, Comptroller, | 15 |
| or Treasurer of any other inspector general
required or
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| permitted by law. The Governor may appoint an existing | 17 |
| inspector general as the Toll Highway Inspector
General
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| required by this
Section, provided that such an inspector | 19 |
| general is not prohibited by law,
rule,
jurisdiction, | 20 |
| qualification, or interest from serving as the Toll Highway
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| Inspector General
required by
this Section.
The Governor may | 22 |
| not appoint a relative as the Toll Highway Inspector
General. | 23 |
| The Toll Highway Inspector General shall have the following | 24 |
| qualifications: | 25 |
| (1) has not been convicted of any felony under the laws | 26 |
| of this State,
another State, or the United States; |
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| (2) has earned a baccalaureate degree from an | 2 |
| institution of higher
education; and | 3 |
| (3) has 5 or more years of cumulative service (i) with | 4 |
| a federal,
State, or
local law enforcement agency, at least | 5 |
| 2 years of which have been in a
progressive investigatory | 6 |
| capacity; (ii)
as a
federal, State, or local prosecutor; | 7 |
| (iii)
as a
senior manager or executive of a federal, State, | 8 |
| or local
agency; (iv) as a member of the General Assembly, | 9 |
| an executive branch constitutional officer, a legislative | 10 |
| branch constitutional officer,
or a State
or federal judge; | 11 |
| or (v) representing any combination of (i) through (iv). | 12 |
| The term of the initial Toll Highway Inspector General | 13 |
| shall
commence upon qualification and shall run through June | 14 |
| 30, 2013. The
initial appointments shall be made within 60 days | 15 |
| after the effective
date of this amendatory Act of the 96th | 16 |
| General Assembly. | 17 |
| After the initial term, each Toll Highway Inspector General | 18 |
| shall serve
for 5-year terms commencing on July 1 of the year | 19 |
| of appointment
and running through June 30 of the fifth | 20 |
| following year. An
Toll Highway Inspector General may be | 21 |
| reappointed to one or more
subsequent terms. | 22 |
| A vacancy occurring other than at the end of a term shall | 23 |
| be filled
by the Governor only for the balance of the term of | 24 |
| the Toll Highway
Inspector General whose office is vacant. | 25 |
| Terms shall run regardless of whether the position is | 26 |
| filled. |
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| (c) The Toll Highway Inspector General shall
have | 2 |
| jurisdiction over the Authority and all officers and employees | 3 |
| of,
and vendors and others doing business with, the Authority. | 4 |
| The jurisdiction of the Toll Highway Inspector General is to | 5 |
| investigate
allegations of fraud, waste, abuse, mismanagement, | 6 |
| misconduct, nonfeasance,
misfeasance,
malfeasance, or | 7 |
| violations of the State Officials and Employees Ethics Act
or | 8 |
| violations of other related
laws and rules. The Toll Highway | 9 |
| Inspector General shall: | 10 |
| (1) have access to all information and personnel | 11 |
| necessary to perform the duties of the office; | 12 |
| (2) have the power to subpoena witnesses and compel the | 13 |
| production of books and papers pertinent to an | 14 |
| investigation authorized by this Section. The power to | 15 |
| subpoena or to compel the production of books and papers, | 16 |
| however, shall not extend to the person or documents of a | 17 |
| labor organization or its representatives insofar as the | 18 |
| person or documents of a labor organization relate to the | 19 |
| function of representing an employee subject to | 20 |
| investigation under this Section. Subject to a person's | 21 |
| privilege against self-incrimination, any person who fails | 22 |
| to appear in response to a subpoena, answer any question, | 23 |
| or produce any books or papers pertinent to an | 24 |
| investigation under this Section, except as otherwise | 25 |
| provided in this Section, or who knowingly gives false | 26 |
| testimony in relation to an investigation under this |
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| Section is guilty of a Class A misdemeanor; and | 2 |
| (3) provide to the General Assembly and the Governor, | 3 |
| no later than January 1 of each year, a summary of reports | 4 |
| and investigations made under this Section for the prior | 5 |
| fiscal year. The summaries shall detail the imposition of | 6 |
| sanctions and the final disposition of those | 7 |
| recommendations. The summaries shall not contain any | 8 |
| confidential or identifying information concerning the | 9 |
| subjects of the reports and investigations. The summaries | 10 |
| also shall include detailed recommended administrative | 11 |
| actions and matters for consideration by the General | 12 |
| Assembly. | 13 |
| (d) The compensation for the Toll Highway Inspector General | 14 |
| shall be
determined by the Executive Ethics Commission and | 15 |
| shall be made from appropriations made to the Comptroller for | 16 |
| this purpose. Subject to Section 20-45 of the State Officials | 17 |
| and Employees Ethics Act, the Toll Highway Inspector General | 18 |
| has full
authority
to organize his or her Office, including the
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| employment and determination of the compensation of staff, such | 20 |
| as deputies,
assistants, and other employees, as | 21 |
| appropriations permit. | 22 |
| (e) The Toll Highway Inspector General or an employee of | 23 |
| the Office of
the Toll Highway Inspector General may not, | 24 |
| during his or her term of appointment or
employment: | 25 |
| (1) become a candidate for any elective office; | 26 |
| (2) hold any other elected or appointed public office
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| except for appointments on governmental advisory boards
or | 2 |
| study commissions or as otherwise expressly authorized by | 3 |
| law; | 4 |
| (3) be actively involved in the affairs of any | 5 |
| political party or
political organization; or | 6 |
| (4) advocate for the appointment of another person to | 7 |
| an appointed or elected office or position or actively | 8 |
| participate in any campaign for any
elective office. | 9 |
| (f) The Toll Highway Inspector General or an employee of | 10 |
| the Office of the
Toll Highway Inspector General may not, for | 11 |
| one year after the termination of his or
her appointment or | 12 |
| employment: | 13 |
| (1) become a candidate for any elective office; | 14 |
| (2) hold any elected public office; or | 15 |
| (3) hold any appointed State, county, or local judicial | 16 |
| office. | 17 |
| (g) The requirements of item (3) of subsection (f) of this | 18 |
| Section may be waived by the
Executive Ethics Commission. | 19 |
| (h) The Toll Highway Inspector General may be removed only | 20 |
| for cause and may
be removed only by the Governor. At the time | 21 |
| of the
removal,
the Governor must report to the Executive | 22 |
| Ethics
Commission the
justification for the
removal. | 23 |
| (i) The annual budget for the Toll Highway Inspector | 24 |
| General shall be set to 0.5% of the Illinois State Toll Highway | 25 |
| Authority's total revenue for the immediately preceding fiscal | 26 |
| year.
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