Full Text of SB3118 96th General Assembly
SB3118sam001 96TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 3/2/2010
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| AMENDMENT TO SENATE BILL 3118
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| AMENDMENT NO. ______. Amend Senate Bill 3118 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Toll Highway Act is amended by adding | 5 |
| Section 8.5 as follows: | 6 |
| (605 ILCS 10/8.5 new) | 7 |
| Sec. 8.5. Toll Highway Inspector General. | 8 |
| (a) The Governor shall, with the advice and consent of the | 9 |
| Senate by three-fifths of the elected members concurring by | 10 |
| record vote, appoint a Toll Highway Inspector General for the | 11 |
| purpose of detection, deterrence, and prevention of fraud, | 12 |
| corruption, and mismanagement in the Authority. The Toll | 13 |
| Highway Inspector General shall serve a 5-year term. If, during | 14 |
| a recess of the Senate, there is a vacancy in the office of the | 15 |
| Toll Highway Inspector General, the appointing authority shall | 16 |
| make a temporary appointment until the next meeting of the |
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| Senate when the appointing authority shall make a nomination to | 2 |
| fill that office. No person rejected for the office of the Toll | 3 |
| Highway Inspector General shall, except by the Senate's | 4 |
| request, be nominated again for that office at the same session | 5 |
| of the Senate or be appointed to that office during a recess of | 6 |
| that Senate. The Governor may not appoint a relative, as | 7 |
| defined by item (6) of Section 10-15 of the State Officials and | 8 |
| Employees Ethics Act, as the Toll Highway Inspector General. | 9 |
| The Toll Highway Inspector General may be removed only for | 10 |
| cause and may be removed only by the Governor. | 11 |
| (b) The Toll Highway Inspector General shall have the | 12 |
| following qualifications: | 13 |
| (1) has not been convicted of any felony under the laws | 14 |
| of this State, another state, or the United States; | 15 |
| (2) has earned a baccalaureate degree from an | 16 |
| institution of higher education; and | 17 |
| (3) has 5 or more years of cumulative service (i) with | 18 |
| a federal, state, or local law enforcement agency, at least | 19 |
| 2 years of which have been in a progressive investigatory | 20 |
| capacity; (ii) as a federal, state, or local prosecutor; | 21 |
| (iii) as a federal or state judge with a criminal docket; | 22 |
| (iv) as a senior manager or executive of a federal, state, | 23 |
| or local agency; or (v) representing any combination of (i) | 24 |
| through (iv). | 25 |
| (c) The term of the initial Toll Highway Inspector General | 26 |
| shall commence upon qualification and shall run through June |
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| 30, 2015. The initial appointments shall be made within 60 days | 2 |
| after the effective date of this amendatory Act of the 96th | 3 |
| General Assembly. After the initial term, each Toll Highway | 4 |
| Inspector General shall serve for 5-year terms commencing on | 5 |
| July 1 of the year of appointment and running through June 30 | 6 |
| of the fifth following year. A Toll Highway Inspector General | 7 |
| may be reappointed to one or more subsequent terms. A vacancy | 8 |
| occurring other than at the end of a term shall be filled by | 9 |
| the Governor only for the balance of the term of the Toll | 10 |
| Highway Inspector General whose office is vacant. Terms shall | 11 |
| run regardless of whether the position is filled. | 12 |
| (d) The Toll Highway Inspector General shall have | 13 |
| jurisdiction over the Authority and all board members, | 14 |
| officers, and employees of, and vendors, subcontractors and | 15 |
| others doing business with the Authority. The jurisdiction of | 16 |
| the Toll Highway Inspector General is to investigate | 17 |
| allegations of fraud, waste, abuse, mismanagement, misconduct, | 18 |
| nonfeasance, misfeasance, or malfeasance. Investigations may | 19 |
| be based on complaints from any source, including anonymous | 20 |
| sources, and may be self-initiated, without a complaint. An | 21 |
| investigation may not be initiated more than five years after | 22 |
| the most recent act of the alleged violation or of a series of | 23 |
| alleged violations except where there is reasonable cause to | 24 |
| believe that fraudulent concealment has occurred. To | 25 |
| constitute fraudulent concealment sufficient to toll this | 26 |
| limitations period, there must be an affirmative act or |
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| representation calculated to prevent discovery of the fact that | 2 |
| a violation has occurred. The authority to investigate alleged | 3 |
| violations of the State Officials and Employees Ethics Act by | 4 |
| officers, employees, vendors, subcontractors, and others doing | 5 |
| business with the Authority shall remain with the Office of the | 6 |
| Governor's Executive Inspector General. The Toll Highway | 7 |
| Inspector General shall refer allegations of misconduct under | 8 |
| the State Officials and Employees Ethics Act to the Office of | 9 |
| the Governor's Executive Inspector General for investigation. | 10 |
| Upon completion of its investigation into such allegations, the | 11 |
| Office of the Governor's Executive Inspector General shall | 12 |
| report the results to the Toll Highway Inspector General. In | 13 |
| instances in which the Toll Highway Inspector General continues | 14 |
| to investigate other allegations associated with allegations | 15 |
| that have been referred to the Office of the Governor's | 16 |
| Executive Inspector General pursuant to this subsection, the | 17 |
| Toll Highway Inspector General shall report the results of its | 18 |
| investigation to the Office of the Governor's Executive | 19 |
| Inspector General. | 20 |
| (e)(1) If the Toll Highway Inspector General, upon the | 21 |
| conclusion of an investigation, determines that reasonable | 22 |
| cause exists to believe that fraud, waste, abuse, | 23 |
| mismanagement, misconduct, nonfeasance, misfeasance, or | 24 |
| malfeasance has occurred, then the Toll Highway Inspector | 25 |
| General shall issue a summary report of the investigation. The | 26 |
| report shall be delivered to the appropriate authority pursuant |
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| to paragraph (3) of subsection (f) of this Section, which shall | 2 |
| have 20 days to respond to the report. | 3 |
| (2) The summary report of the investigation shall | 4 |
| include the following: | 5 |
| (A) a description of any allegations or other | 6 |
| information received by the Toll Highway Inspector | 7 |
| General pertinent to the investigation. | 8 |
| (B) a description of any alleged misconduct | 9 |
| discovered in the course of the investigation. | 10 |
| (C) recommendations for any corrective or | 11 |
| disciplinary action to be taken in response to any | 12 |
| alleged misconduct described in the report, including | 13 |
| but not limited to discharge. | 14 |
| (D) other information the Toll Highway Inspector | 15 |
| General deems relevant to the investigation or | 16 |
| resulting recommendations. | 17 |
| (3) Within 60 days after issuance of a final summary | 18 |
| report that resulted in a suspension of at least 3 days or | 19 |
| termination of employment, the Toll Highway Inspector | 20 |
| General shall make the report available to the public by | 21 |
| presenting the report to the Board of the Authority and by | 22 |
| posting to the Authority's public website. The Toll Highway | 23 |
| Inspector General shall redact information in the summary | 24 |
| report that may reveal the identity of witnesses, | 25 |
| complainants, or informants or if the Toll Highway | 26 |
| Inspector General determines it is appropriate to protect |
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| the identity of a person before the report is made public. | 2 |
| The Toll Highway Inspector General may also redact any | 3 |
| information that he or she believes should not be made | 4 |
| public taking into consideration the factors set forth in | 5 |
| this subsection and paragraph (1) of subsection (k) of this | 6 |
| Section and other factors deemed relevant by the Toll | 7 |
| Highway Inspector General to protect the Authority and any | 8 |
| investigations by the Toll Highway Inspector General, | 9 |
| other inspector general offices or law enforcement | 10 |
| agencies. Prior to publication, the Toll Highway Inspector | 11 |
| General shall permit the respondents and the Authority to | 12 |
| review documents to be made public and offer suggestions | 13 |
| for redaction or provide a response that shall be made | 14 |
| public with the summary report, provided, however, that the | 15 |
| Toll Highway Inspector General shall have the sole and | 16 |
| final authority to decide what redactions should be made. | 17 |
| The Toll Highway Inspector General may make available to | 18 |
| the public any other summary report and any such responses | 19 |
| or a redacted version of the report and responses. | 20 |
| (4) When the Toll Highway Inspector General concludes | 21 |
| that there is insufficient evidence that a violation has | 22 |
| occurred, the Toll Highway Inspector General shall close | 23 |
| the investigation. The Toll Highway Inspector General | 24 |
| shall provide the appropriate authority pursuant to | 25 |
| paragraph (3) of subsection (f) of this Section with a | 26 |
| written statement of the Toll Highway Inspector General's |
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| decision to close the investigation. At the request of the | 2 |
| subject of the investigation, the Toll Highway Inspector | 3 |
| General shall provide a written statement to the subject of | 4 |
| the investigation of the Toll Highway Inspector General's | 5 |
| decision to close the investigation. Closure by the Toll | 6 |
| Highway Inspector General does not bar the Toll Highway | 7 |
| Inspector General from resuming the investigation if | 8 |
| circumstances warrant. | 9 |
| (f) The Toll Highway 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. A subpoena may be | 15 |
| issued under this subparagraph (2) only by the Toll Highway | 16 |
| Inspector General and not by members of the Toll Highway | 17 |
| Inspector General's staff. Any person subpoenaed by the | 18 |
| Toll Highway Inspector General has the same rights, under | 19 |
| Illinois law, as a person subpoenaed by a grand jury. The | 20 |
| power to subpoena or to compel the production of books and | 21 |
| papers, however, shall not extend to the person or | 22 |
| documents of a labor organization or its representatives | 23 |
| insofar as the person or documents of a labor organization | 24 |
| relate to the function of representing an employee subject | 25 |
| to investigation under this Section. Subject to a person's | 26 |
| privilege against self-incrimination, any person who fails |
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| to appear in response to a subpoena, answer any question, | 2 |
| or produce any books or papers pertinent to an | 3 |
| investigation under this Section, except as otherwise | 4 |
| provided in this Section, or who knowingly gives false | 5 |
| testimony in relation to an investigation under this | 6 |
| Section is guilty of a Class A misdemeanor. | 7 |
| (3) submit reports as required by this Section and | 8 |
| applicable administrative rules. Final reports and | 9 |
| recommendations shall be submitted to the Authority's | 10 |
| Executive Director and the Board of Directors for | 11 |
| investigations not involving the Board. Final reports and | 12 |
| recommendations shall be submitted to the Chair of the | 13 |
| Board and to the Governor for investigations of any Board | 14 |
| Member other than the Chair of the Board. Final reports and | 15 |
| recommendations for investigations of the Chair of the | 16 |
| Board shall be submitted to the Governor. | 17 |
| (4) assist and coordinate with the ethics officer for | 18 |
| the Authority. | 19 |
| (5) participate in or conduct, when appropriate, | 20 |
| multi-jurisdictional investigations provided the | 21 |
| investigation involves the Authority in some way. | 22 |
| (6) serve as the Authority's primary liaison with law | 23 |
| enforcement, investigatory, and prosecutorial agencies | 24 |
| and, in that capacity, the Toll Highway Inspector General | 25 |
| may request any information or assistance that may be | 26 |
| necessary for carrying out the duties and responsibilities |
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| provided by this Section from any local, state, or federal | 2 |
| governmental agency or unit thereof. | 3 |
| (7) review hiring and employment files of the Authority | 4 |
| to ensure compliance with Rutan v. Republican Party of | 5 |
| Illinois, 497 U.S. 62 (1990), and with all applicable | 6 |
| employment laws. | 7 |
| (8) establish a policy that ensures the appropriate | 8 |
| handling and correct recording of all investigations | 9 |
| conducted by the Office, and ensures that the policy is | 10 |
| accessible via the Internet in order that those seeking to | 11 |
| report suspected wrongdoing are familiar with the process | 12 |
| and that the subjects of those allegations are treated | 13 |
| fairly. | 14 |
| (9) receive and investigate complaints or information | 15 |
| from an employee of the Authority concerning the possible | 16 |
| existence of an activity constituting a violation of law, | 17 |
| rules or regulations, mismanagement, abuse of authority, | 18 |
| or substantial and specific danger to the public health and | 19 |
| safety. Any employee of the Authority who knowingly files a | 20 |
| false complaint or files a complaint with reckless | 21 |
| disregard for the truth or falsity of the facts underlying | 22 |
| the complaint may be subject to discipline. | 23 |
| (10) review, coordinate, and recommend methods and | 24 |
| procedures to increase the integrity of the Authority. | 25 |
| (g) Within six months of appointment, the initial Toll | 26 |
| Highway Inspector General shall propose rules, in accordance |
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| with the provisions of the Illinois Administrative Procedure | 2 |
| Act, establishing minimum requirements for initiating, | 3 |
| conducting, and completing investigations. The rules must | 4 |
| establish criteria for determining, based upon the nature of | 5 |
| the allegation, the appropriate method of investigation, which | 6 |
| may include, but is not limited to, site visits, telephone | 7 |
| contacts, personal interviews, or requests for written | 8 |
| responses. The rules must establish the process, contents, and | 9 |
| timing for final reports and recommendations by the Toll | 10 |
| Highway Inspector General and for a response and any remedial, | 11 |
| disciplinary, or both action by an individual or individuals | 12 |
| receiving the final reports and recommendations. The rules must | 13 |
| also clarify how the Office of the Toll Highway Inspector | 14 |
| General shall interact with other local, state, and federal law | 15 |
| enforcement authorities and investigations. Such rules shall | 16 |
| provide that investigations and inquiries by the Office of the | 17 |
| Toll Highway Inspector General must be conducted in compliance | 18 |
| with the provisions of any collective bargaining agreement that | 19 |
| applies to the affected employees of the Authority and that any | 20 |
| recommendation for discipline or other action against any | 21 |
| employee by the Office of the Toll Highway Inspector General | 22 |
| must comply with the provisions of any applicable collective | 23 |
| bargaining agreement. | 24 |
| (h) The Office of the Toll Highway Inspector General shall | 25 |
| be an independent office of the Authority. Within its annual | 26 |
| budget, the Authority shall provide a clearly delineated budget |
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| for the Office of the Toll Highway Inspector General. The | 2 |
| budget of the Office of the Toll Highway Inspector General | 3 |
| shall be adequate to support an independent and effective | 4 |
| office. Except with the consent of the Toll Highway Inspector | 5 |
| General, the Authority shall not reduce the budget of the | 6 |
| Office of the Toll Highway Inspector General by more than 10 | 7 |
| percent (i) within any year or (ii) over the five-year term of | 8 |
| each Toll Highway Inspector General. To the extent allowed by | 9 |
| law and the Authority's policies, the Toll Highway Inspector | 10 |
| General shall have sole responsibility for organizing the | 11 |
| Office of the Toll Highway Inspector General within the budget | 12 |
| established by the Toll Highway Board, including the | 13 |
| recruitment, supervision, and discipline of the employees of | 14 |
| that office. The Toll Highway Inspector General shall report | 15 |
| directly to the Board of Directors of the Authority with | 16 |
| respect to the prompt and efficient operation of the Office of | 17 |
| the Tollway Highway Inspector General. | 18 |
| (i)(1) No Toll Highway Inspector General or employee of the | 19 |
| Office of the Toll Highway Inspector General may, during his or | 20 |
| her term of appointment or employment: | 21 |
| (A) become a candidate for any elective office; | 22 |
| (B) hold any other elected or appointed public | 23 |
| office except for appointments on governmental | 24 |
| advisory boards or study commissions or as otherwise | 25 |
| expressly authorized by law; | 26 |
| (C) be actively involved in the affairs of any |
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| political party or political organization; or | 2 |
| (D) advocate for the appointment of another person | 3 |
| to an appointed public office or elected office or | 4 |
| position or actively participate in any campaign for | 5 |
| any elective office. As used in this paragragh (1), | 6 |
| "appointed public office" means a position authorized | 7 |
| by law that is filled by an appointing authority as | 8 |
| provided by law and does not include employment by | 9 |
| hiring in the ordinary course of business. | 10 |
| (2) No Toll Inspector General or employee of the Office | 11 |
| of the Toll Highway Inspector General may, for one year | 12 |
| after the termination of his or her appointment or | 13 |
| employment: | 14 |
| (A) become a candidate for any elective office; | 15 |
| (B) hold any elected public office; or | 16 |
| (C) hold any appointed State, county, or local | 17 |
| judicial office. | 18 |
| (3) The requirements of subparagraph (C) of paragraph | 19 |
| (2) of this subsection may be waived by the Executive | 20 |
| Ethics Commission. | 21 |
| (j) All board members, officers and employees of the | 22 |
| Authority have a duty to cooperate with the Toll Highway | 23 |
| Inspector General and employees of the Office of the Toll | 24 |
| Highway Inspector General in any investigation undertaken | 25 |
| pursuant to this Section. Failure to cooperate includes, but is | 26 |
| not limited to, intentional omissions and knowing false |
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| statements. Failure to cooperate with an investigation | 2 |
| pursuant to this Section is grounds for disciplinary action, | 3 |
| including termination of employment. Nothing in this Section | 4 |
| limits or alters a person's existing rights or protections | 5 |
| under State or federal law. | 6 |
| (k)(1) The identity of any individual providing | 7 |
| information or reporting any possible or alleged misconduct to | 8 |
| the Toll Highway Inspector General shall be kept confidential | 9 |
| and may not be disclosed without the consent of that | 10 |
| individual, unless the individual consents to disclosure of his | 11 |
| or her name or disclosure of the individual's identity is | 12 |
| otherwise required by law. The confidentiality granted by this | 13 |
| subsection does not preclude the disclosure of the identity of | 14 |
| a person in any capacity other than as the source of an | 15 |
| allegation. | 16 |
| (2) Subject to the provisions of subsection (e) of this | 17 |
| Section, the Toll Highway Inspector General, and employees | 18 |
| and agents of the Office of the Toll Highway Inspector | 19 |
| General, shall keep confidential and shall not disclose | 20 |
| information exempted from disclosure under the Freedom of | 21 |
| Information Act or by this Act. | 22 |
| (l) If the Toll Highway Inspector General determines that | 23 |
| any alleged misconduct involves any person not subject to the | 24 |
| jurisdiction of the Toll Highway Inspector General, the Toll | 25 |
| Highway Inspector General shall refer the reported allegations | 26 |
| to the appropriate Inspector General, appropriate ethics |
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| commission or other appropriate body. If the Toll Highway | 2 |
| Inspector General determines that any alleged misconduct may | 3 |
| give rise to criminal penalties, the Toll Highway Inspector | 4 |
| General may refer the allegations regarding that misconduct to | 5 |
| the appropriate law enforcement authority. If an Toll Highway | 6 |
| Inspector General determines that any alleged misconduct | 7 |
| resulted in the loss of public funds in an amount of $5,000 or | 8 |
| greater, the Toll Highway Inspector General shall refer the | 9 |
| allegations regarding that misconduct to the Attorney General | 10 |
| and any other appropriate law enforcement authority. | 11 |
| (m) The Toll Highway Inspector General shall provide to the | 12 |
| Governor, the Board of the Authority, and the General Assembly | 13 |
| a summary of reports and investigations made under this Section | 14 |
| no later than March 31 and September 30 of each year. The | 15 |
| summaries shall detail the final disposition of the Inspector | 16 |
| General's recommendations. The summaries shall not contain any | 17 |
| confidential or identifying information concerning the | 18 |
| subjects of the reports and investigations. The summaries shall | 19 |
| also include detailed, recommended administrative actions and | 20 |
| matters for consideration by the Governor, the Board of the | 21 |
| Authority, and the General Assembly. ".
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