HB0359ham001 102ND GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 3/22/2021

10200HB0359ham001 LRB102 11611 KTG 23896 a

AMENDMENT TO HOUSE BILL 359

AMENDMENT NO. ______. Amend House Bill 359 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Veterans' Affairs Act is amended by adding Section 39 as follows:

(20 ILCS 2805/39 new)

Sec. 39. Inspector General.

(a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall have the authority to conduct investigations into allegations of or incidents of possible misconduct, misfeasance, malfeasance, or violations of rules, procedures, or laws by any employee, service provider, or contractor of the Department of Veterans' Affairs, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation. The Inspector General shall make recommendations to the Director of Veterans' Affairs concerning sanctions or disciplinary actions against Department employees or providers of service under contract to the Department. The Director of Veterans' Affairs shall provide the Inspector General with an implementation report on the status of any corrective actions taken on recommendations under review and shall continue sending updated reports until the corrective action is completed. The Director shall provide a written response to the Inspector General indicating the status of any sanctions or disciplinary actions against employees or providers of service involving any investigation conducted in accordance with this Section.

The Inspector General shall be appointed for a term of 4 years. The Inspector General shall function independently within the Department of Veterans' Affairs with respect to the operations of the Office of Inspector General, including the performance of investigations and issuance of findings and recommendations, and shall report to the Director of Veterans' Affairs and the Governor and perform other duties the Director may designate. The Inspector General shall adopt rules as necessary to carry out the functions, purposes, and duties of the Office of Inspector General in the Department of Veterans' Affairs, in accordance with the Illinois Administrative Procedure Act and any other applicable law.

(b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the Office.

(c) The Inspector General shall be the primary liaison between the Department and the Illinois State Police with regard to investigations conducted under the Inspector General's auspices. If the Inspector General determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he or she shall immediately notify the Illinois State Police. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(d) The Inspector General may recommend to the Department of Veterans' Affairs, the Department of Public Health, or any other appropriate agency, sanctions to be imposed against service providers under the jurisdiction of or under contract with the Department to provide services to veterans, their survivors, and dependents. The Inspector General may seek the assistance of the Attorney General or any of the several State's Attorneys in imposing sanctions.

(e) The Inspector General shall at all times be granted access to any veterans home, facility, or program operated for or licensed or funded by the Department, including any veterans home or facility licensed by the Department of Public Health.

(f) Nothing in this Section shall limit investigations by the Department of Veterans' Affairs that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority on matters concerning services to veterans, their survivors, and dependents.

(g) The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Section. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Section. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to an investigation under this Section, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Section is guilty of a Class A misdemeanor.

(h) The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Section for the prior fiscal year. The summaries shall detail the imposition of sanctions and the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries also shall include detailed recommended administrative actions and matters for consideration by the General Assembly.".