093_HB1110ham003 LRB093 08066 DRH 14286 a 1 AMENDMENT TO HOUSE BILL 1110 2 AMENDMENT NO. . Amend House Bill 1110, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Toll Highway Act is amended by adding 6 Sections 8.1, 9.65, and 16.2 as 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 08066 DRH 14286 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 -3- LRB093 08066 DRH 14286 a 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 08066 DRH 14286 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 08066 DRH 14286 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 08066 DRH 14286 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 the Inspector General shall be 22 represented 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 or after the effective date of this 28 amendatory Act of the 93rd General Assembly. 29 (605 ILCS 10/16.2 new) 30 Sec. 16.2. Financial benefit prohibited. 31 (a) A director, employee, or agent of the Authority may 32 not receive a financial benefit from a contract let by the -7- LRB093 08066 DRH 14286 a 1 Authority during his or her term of service with the 2 Authority and for a period of one year following the 3 termination of his or her term of service as a director of 4 the Authority or as an employee or agent of the Authority. 5 (b) A member of the immediate family or household of a 6 director, employee, or agent of the Authority may not receive 7 a financial benefit from a contract let by the Authority 8 during the immediate family or household member's term of 9 service with the Authority and for a period of one year 10 following the termination of the immediate family or 11 household member's term of service as a director of the 12 Authority or as an employee or agent of the Authority. 13 (c) A director, employee, or agent of the Authority may 14 not use material non-public information for personal 15 financial gain nor may he or she disclose that information to 16 any other person for that person's personal financial gain 17 when that information was obtained as a result of his or her 18 directorship, employment, or agency with the Authority. 19 (d) A member of the immediate family or household of a 20 director, employee, or agent of the Authority may not use 21 material non-public information for personal financial gain 22 nor may he or she disclose that information to any other 23 person for that person's personal financial gain when that 24 information was obtained as a result of his or her immediate 25 family or household member's directorship, employment, or 26 agency with the Authority. 27 (e) For purposes of this Section, "immediate family or 28 household member" means the spouse, child, parent, brother, 29 sister, grandparent, or grandchild, whether of the whole 30 blood or half blood or by adoption, or a person who shares a 31 common dwelling with a director of the Authority or with an 32 employee or agent of the Authority. 33 Section 99. Effective date. This Act takes effect upon -8- LRB093 08066 DRH 14286 a 1 becoming law.".