Bill Text: IL SB3118 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1347 [SB3118 Detail]

Download: Illinois-2009-SB3118-Enrolled.html

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SB3118 Enrolled LRB096 19776 AJT 35213 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by adding
Section 8.5 as follows:
(605 ILCS 10/8.5 new)
Sec. 8.5. Toll Highway Inspector General.
(a) The Governor shall, with the advice and consent of the
Senate by three-fifths of the elected members concurring by
record vote, appoint a Toll Highway Inspector General for the
purpose of detection, deterrence, and prevention of fraud,
corruption, and mismanagement in the Authority. The Toll
Highway Inspector General shall serve a 5-year term. If, during
a recess of the Senate, there is a vacancy in the office of the
Toll Highway Inspector General, the Governor shall make a
temporary appointment until the next meeting of the Senate when
the Governor shall make a nomination to fill that office. No
person rejected for the office of the Toll Highway Inspector
General shall, except by the Senate's request, be nominated
again for that office at the same session of the Senate or be
appointed to that office during a recess of that Senate. The
Governor may not appoint a relative, as defined by item (6) of
Section 10-15 of the State Officials and Employees Ethics Act,

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as the Toll Highway Inspector General. The Toll Highway
Inspector General may be removed only for cause and may be
removed only by the Governor.
(b) The Toll Highway Inspector General shall have the
following qualifications:
(1) has not been convicted of any felony under the laws
of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (i) with
a federal, state, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (ii) as a federal, state, or local prosecutor;
(iii) as a federal or state judge with a criminal docket;
(iv) as a senior manager or executive of a federal, state,
or local agency; or (v) representing any combination of (i)
through (iv).
(c) The term of the initial Toll Highway Inspector General
shall commence upon qualification and shall run through June
30, 2015. The initial appointments shall be made within 60 days
after the effective date of this amendatory Act of the 96th
General Assembly. After the initial term, each Toll Highway
Inspector General shall serve for 5-year terms commencing on
July 1 of the year of appointment and running through June 30
of the fifth following year. A Toll Highway Inspector General
may be reappointed to one or more subsequent terms. A vacancy

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occurring other than at the end of a term shall be filled by
the Governor only for the balance of the term of the Toll
Highway Inspector General whose office is vacant. Terms shall
run regardless of whether the position is filled.
(d) The Toll Highway Inspector General shall have
jurisdiction over the Authority and all board members,
officers, and employees of, and vendors, subcontractors, and
others doing business with the Authority. The jurisdiction of
the Toll Highway Inspector General is to investigate
allegations of fraud, waste, abuse, mismanagement, misconduct,
nonfeasance, misfeasance, or malfeasance. Investigations may
be based on complaints from any source, including anonymous
sources, and may be self-initiated, without a complaint. An
investigation may not be initiated more than five years after
the most recent act of the alleged violation or of a series of
alleged violations except where there is reasonable cause to
believe that fraudulent concealment has occurred. To
constitute fraudulent concealment sufficient to toll this
limitations period, there must be an affirmative act or
representation calculated to prevent discovery of the fact that
a violation has occurred. The authority to investigate alleged
violations of the State Officials and Employees Ethics Act by
officers, employees, vendors, subcontractors, and others doing
business with the Authority shall remain with the Office of the
Governor's Executive Inspector General. The Toll Highway
Inspector General shall refer allegations of misconduct under

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the State Officials and Employees Ethics Act to the Office of
the Governor's Executive Inspector General for investigation.
Upon completion of its investigation into such allegations, the
Office of the Governor's Executive Inspector General shall
report the results to the Toll Highway Inspector General, and
the results of the investigation shall remain subject to any
applicable confidentiality provisions in the State Officials
and Employees Ethics Act. Where an investigation into a target
or targets is split between allegations of misconduct under the
State Officials and Employees Ethics Act, investigated by the
Office of the Governor's Executive Inspector General, and
allegations that are not of misconduct under the State
Officials and Employees Ethics Act, investigated by the Toll
Highway Inspector General, the Toll Highway Inspector General
shall take reasonable steps, including continued consultation
with the Office of the Governor's Executive Inspector General,
to ensure that its investigation will not interfere with or
disrupt any investigation by the Office of the Governor's
Executive Inspector General or law enforcement authorities. In
instances in which the Toll Highway Inspector General continues
to investigate other allegations associated with allegations
that have been referred to the Office of the Governor's
Executive Inspector General pursuant to this subsection, the
Toll Highway Inspector General shall report the results of its
investigation to the Office of the Governor's Executive
Inspector General.

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(e)(1) If the Toll Highway Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance, or
malfeasance has occurred, then the Toll Highway Inspector
General shall issue a summary report of the investigation. The
report shall be delivered to the appropriate authority pursuant
to paragraph (3) of subsection (f) of this Section, which shall
have 20 days to respond to the report.
(2) The summary report of the investigation shall
include the following:
(A) a description of any allegations or other
information received by the Toll Highway Inspector
General pertinent to the investigation.
(B) a description of any alleged misconduct
discovered in the course of the investigation.
(C) recommendations for any corrective or
disciplinary action to be taken in response to any
alleged misconduct described in the report, including
but not limited to discharge.
(D) other information the Toll Highway Inspector
General deems relevant to the investigation or
resulting recommendations.
(3) Within 60 days after issuance of a final summary
report that resulted in a suspension of at least 3 days or
termination of employment, the Toll Highway Inspector

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General shall make the report available to the public by
presenting the report to the Board of the Authority and by
posting to the Authority's public website. The Toll Highway
Inspector General shall redact information in the summary
report that may reveal the identity of witnesses,
complainants, or informants or if the Toll Highway
Inspector General determines it is appropriate to protect
the identity of a person before the report is made public.
The Toll Highway Inspector General may also redact any
information that he or she believes should not be made
public, taking into consideration the factors set forth in
this subsection and paragraph (1) of subsection (k) of this
Section and other factors deemed relevant by the Toll
Highway Inspector General to protect the Authority and any
investigations by the Toll Highway Inspector General,
other inspector general offices or law enforcement
agencies. Prior to publication, the Toll Highway Inspector
General shall permit the respondents and the appropriate
authority pursuant to paragraph (3) of subsection (f) of
this Section to review the report and the documents to be
made public and offer suggestions for redaction or provide
a response that shall be made public with the summary
report, provided, however, that the Toll Highway Inspector
General shall have the sole and final authority to decide
what redactions should be made. The Toll Highway Inspector
General may make available to the public any other summary

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report and any such responses or a redacted version of the
report and responses.
(4) When the Toll Highway Inspector General concludes
that there is insufficient evidence that a violation has
occurred, the Toll Highway Inspector General shall close
the investigation. The Toll Highway Inspector General
shall provide the appropriate authority pursuant to
paragraph (3) of subsection (f) of this Section with a
written statement of the Toll Highway Inspector General's
decision to close the investigation. At the request of the
subject of the investigation, the Toll Highway Inspector
General shall provide a written statement to the subject of
the investigation of the Toll Highway Inspector General's
decision to close the investigation. Closure by the Toll
Highway Inspector General does not bar the Toll Highway
Inspector General from resuming the investigation if
circumstances warrant.
(f) The Toll Highway Inspector General shall:
(1) have access to all information and personnel
necessary to perform the duties of the office.
(2) have the power to subpoena witnesses and compel the
production of books and papers pertinent to an
investigation authorized by this Section. A subpoena may be
issued under this subparagraph (2) only by the Toll Highway
Inspector General and not by members of the Toll Highway
Inspector General's staff. Any person subpoenaed by the

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Toll Highway Inspector General has the same rights, under
Illinois law, as a person subpoenaed by a grand jury. 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. 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 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.
(3) submit reports as required by this Section and
applicable administrative rules. Final reports and
recommendations shall be submitted to the Authority's
Executive Director and the Board of Directors for
investigations not involving the Board. Final reports and
recommendations shall be submitted to the Chair of the
Board and to the Governor for investigations of any Board
member other than the Chair of the Board. Final reports and
recommendations for investigations of the Chair of the
Board shall be submitted to the Governor.
(4) assist and coordinate with the ethics officer for

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the Authority.
(5) participate in or conduct, when appropriate,
multi-jurisdictional investigations provided the
investigation involves the Authority in some way,
including, but not limited to, joint investigations with
the Office of the Governor's Executive Inspector General,
or with State, local, or federal law enforcement
authorities.
(6) serve as the Authority's primary liaison with law
enforcement, investigatory, and prosecutorial agencies
and, in that capacity, the Toll Highway Inspector General
may request any information or assistance that may be
necessary for carrying out the duties and responsibilities
provided by this Section from any local, state, or federal
governmental agency or unit thereof.
(7) review hiring and employment files of the Authority
to ensure compliance with Rutan v. Republican Party of
Illinois, 497 U.S. 62 (1990), and with all applicable
employment laws.
(8) establish a policy that ensures the appropriate
handling and correct recording of all investigations
conducted by the Office, and ensures that the policy is
accessible via the Internet in order that those seeking to
report suspected wrongdoing are familiar with the process
and that the subjects of those allegations are treated
fairly.

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(9) receive and investigate complaints or information
from an employee of the Authority concerning the possible
existence of an activity constituting a violation of law,
rules or regulations, mismanagement, abuse of authority,
or substantial and specific danger to the public health and
safety. Any employee of the Authority who knowingly files a
false complaint or files a complaint with reckless
disregard for the truth or falsity of the facts underlying
the complaint may be subject to discipline.
(10) review, coordinate, and recommend methods and
procedures to increase the integrity of the Authority.
(g) Within six months of appointment, the initial Toll
Highway Inspector General shall propose rules, in accordance
with the provisions of the Illinois Administrative Procedure
Act, establishing minimum requirements for initiating,
conducting, and completing investigations. The rules must
establish criteria for determining, based upon the nature of
the allegation, the appropriate method of investigation, which
may include, but is not limited to, site visits, telephone
contacts, personal interviews, or requests for written
responses. The rules must establish the process, contents, and
timing for final reports and recommendations by the Toll
Highway Inspector General and for a response and any remedial,
disciplinary, or both action by an individual or individuals
receiving the final reports and recommendations. The rules must
also clarify how the Office of the Toll Highway Inspector

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General shall interact with other local, state, and federal law
enforcement authorities and investigations. Such rules shall
provide that investigations and inquiries by the Office of the
Toll Highway Inspector General must be conducted in compliance
with the provisions of any collective bargaining agreement that
applies to the affected employees of the Authority and that any
recommendation for discipline or other action against any
employee by the Office of the Toll Highway Inspector General
must comply with the provisions of any applicable collective
bargaining agreement.
(h) The Office of the Toll Highway Inspector General shall
be an independent office of the Authority. Within its annual
budget, the Authority shall provide a clearly delineated budget
for the Office of the Toll Highway Inspector General. The
budget of the Office of the Toll Highway Inspector General
shall be adequate to support an independent and effective
office. Except with the consent of the Toll Highway Inspector
General, the Authority shall not reduce the budget of the
Office of the Toll Highway Inspector General by more than 10
percent (i) within any fiscal year or (ii) over the five-year
term of each Toll Highway Inspector General. To the extent
allowed by law and the Authority's policies, the Toll Highway
Inspector General shall have sole responsibility for
organizing the Office of the Toll Highway Inspector General
within the budget established by the Toll Highway Board,
including the recruitment, supervision, and discipline of the

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employees of that office. The Toll Highway Inspector General
shall report directly to the Board of Directors of the
Authority with respect to the prompt and efficient operation of
the Office of the Tollway Highway Inspector General.
(i)(1) No Toll Highway Inspector General or employee of the
Office of the Toll Highway Inspector General may, during his or
her term of appointment or employment:
(A) become a candidate for any elective office;
(B) hold any other elected or appointed public
office except for appointments on governmental
advisory boards or study commissions or as otherwise
expressly authorized by law;
(C) be actively involved in the affairs of any
political party or political organization; or
(D) advocate for the appointment of another person
to an appointed public office or elected office or
position or actively participate in any campaign for
any elective office. As used in this paragraph (1),
"appointed public office" means a position authorized
by law that is filled by an appointing authority as
provided by law and does not include employment by
hiring in the ordinary course of business.
(2) No Toll Inspector General or employee of the Office
of the Toll Highway Inspector General may, for one year
after the termination of his or her appointment or
employment:

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(A) become a candidate for any elective office;
(B) hold any elected public office; or
(C) hold any appointed State, county, or local
judicial office.
(3) The requirements of subparagraph (C) of paragraph
(2) of this subsection may be waived by the Executive
Ethics Commission.
(j) All Board members, officers and employees of the
Authority have a duty to cooperate with the Toll Highway
Inspector General and employees of the Office of the Toll
Highway Inspector General in any investigation undertaken
pursuant to this Section. Failure to cooperate includes, but is
not limited to, intentional omissions and knowing false
statements. Failure to cooperate with an investigation
pursuant to this Section is grounds for disciplinary action,
including termination of employment. Nothing in this Section
limits or alters a person's existing rights or protections
under State or federal law.
(k)(1) The identity of any individual providing
information or reporting any possible or alleged
misconduct to the Toll Highway Inspector General shall be
kept confidential and may not be disclosed without the
consent of that individual, unless the individual consents
to disclosure of his or her name or disclosure of the
individual's identity is otherwise required by law. The
confidentiality granted by this subsection does not

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preclude the disclosure of the identity of a person in any
capacity other than as the source of an allegation.
(2) Subject to the provisions of subsection (e) of this
Section, the Toll Highway Inspector General, and employees
and agents of the Office of the Toll Highway Inspector
General, shall keep confidential and shall not disclose
information exempted from disclosure under the Freedom of
Information Act or by this Act.
(l) If the Toll Highway Inspector General determines that
any alleged misconduct involves any person not subject to the
jurisdiction of the Toll Highway Inspector General, the Toll
Highway Inspector General shall refer the reported allegations
to the appropriate Inspector General, appropriate ethics
commission or other appropriate body. If the Toll Highway
Inspector General determines that any alleged misconduct may
give rise to criminal penalties, the Toll Highway Inspector
General may refer the allegations regarding that misconduct to
the appropriate law enforcement authority. If a Toll Highway
Inspector General determines that any alleged misconduct
resulted in the loss of public funds in an amount of $5,000 or
greater, the Toll Highway Inspector General shall refer the
allegations regarding that misconduct to the Attorney General
and any other appropriate law enforcement authority.
(m) The Toll Highway Inspector General shall provide to the
Governor, the Board of the Authority, and the General Assembly
a summary of reports and investigations made under this Section

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no later than March 31 and September 30 of each year. The
summaries shall detail the final disposition of the Inspector
General's recommendations. The summaries shall not contain any
confidential or identifying information concerning the
subjects of the reports and investigations. The summaries shall
also include detailed, recommended administrative actions and
matters for consideration by the Governor, the Board of the
Authority, and the General Assembly.
(n) Any employee of the Authority subject to investigation
or inquiry by the Toll Highway Inspector General or any agent
or representative of the Toll Highway Inspector General
concerning misconduct that is criminal in nature shall have the
right to be notified of the right to remain silent during the
investigation or inquiry and the right to be represented in the
investigation or inquiry by an attorney or a representative of
a labor organization that is the exclusive collective
bargaining representative of employees of the Authority. Any
investigation or inquiry by the Toll Highway Inspector General
or any agent or representative of the Toll Highway Inspector
General must be conducted in accordance with the rights of the
employees as set forth in State and federal law and applicable
judicial decisions. Any recommendations for discipline or any
action taken against any employee by the Toll Highway Inspector
General or any representative or agent of the Toll Highway
Inspector General must comply with the provisions of the
collective bargaining agreement that applies to the employee.

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(o) Nothing in this Section shall diminish the rights,
privileges, or remedies of a State employee under any other
federal or State law, rule, or regulation or under any
collective bargaining agreement.