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Full Text of HB5878  100th General Assembly

HB5878 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5878

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/2-101  from Ch. 127, par. 602-101
5 ILCS 420/2-103  from Ch. 127, par. 602-103
5 ILCS 420/2-104  from Ch. 127, par. 602-104
5 ILCS 420/2-110
5 ILCS 420/3-108 new
5 ILCS 420/4A-107  from Ch. 127, par. 604A-107
5 ILCS 430/5-10
5 ILCS 430/5-10.5
5 ILCS 430/50-5
720 ILCS 5/17-10.3
720 ILCS 5/33-1  from Ch. 38, par. 33-1

    Amends the Illinois Governmental Ethics Act. Provides fines for legislators who engage in specified restricted activities and for violations of legislator rules of conduct. Provides that any person who willfully files a false or incomplete statement of economic interests under the Act may be subject to a fine not to exceed, for each offense, $150,000. Amends the State Officials and Employees Ethics Act. Provides fines for intentional failure to complete ethics training and sexual harassment training. Modifies a Section concerning penalties under the Act to provide fines for specified violations. Amends the Criminal Code of 2012. Provides that any person who, in the course of business, fraudulently obtains public moneys reserved for, or allocated or available to, minority-owned businesses, women-owned businesses, service-disabled veteran-owned small businesses, or veteran-owned small businesses may be subject to a fine not to exceed, for each offense, $115,000. Provides that a fine of up to $1,000,000 may be imposed for bribery. Makes conforming changes. Effective immediately.


LRB100 21980 RJF 40028 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5878LRB100 21980 RJF 40028 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 2-101, 2-103, 2-104, 2-110, and 4A-107,
6and by adding Section 3-108 as follows:
 
7    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
8    Sec. 2-101. No legislator may engage in lobbying, as that
9term is defined in Section 1-109, if he accepts compensation
10specifically attributable to such lobbying, other than that
11provided by law for members of the General Assembly. Nothing in
12this Section prohibits a legislator from lobbying without
13compensation.
14    A violation of this Section shall constitute a Class A
15misdemeanor for which a fine of up to $200,000, for each
16violation, may be imposed.
17(Source: P.A. 77-2830.)
 
18    (5 ILCS 420/2-103)  (from Ch. 127, par. 602-103)
19    Sec. 2-103. No legislator may accept compensation, other
20than that provided by law for members of the General Assembly,
21for performance of his official legislative duties. No person,
22other than State officials or employees performing their duties

 

 

HB5878- 2 -LRB100 21980 RJF 40028 b

1in making payments to members of the General Assembly as
2provided by law, may pay or offer to pay any legislator any
3compensation for performance of his official legislative
4duties.
5    A violation of this Section is a Class A misdemeanor for
6which a fine of up to $200,000, for each violation, may be
7imposed petty offense.
8(Source: P.A. 78-255.)
 
9    (5 ILCS 420/2-104)  (from Ch. 127, par. 602-104)
10    Sec. 2-104. No legislator may accept or participate in any
11way in any representation case, as that term is defined in
12Section 1-113, before (1) the Court of Claims of this State or
13(2) before the Illinois Workers' Compensation Commission, when
14the State of Illinois is the respondent.
15    This Section does not prohibit participation in such a
16representation case by a person with whom the legislator
17maintains a close economic association, unless the fact of that
18association is used to influence or attempt to influence the
19State agency in the rendering of its decision.
20    A violation of this Section is a Class A misdemeanor for
21which a fine of up to $200,000, for each violation, may be
22imposed.
23(Source: P.A. 93-721, eff. 1-1-05.)
 
24    (5 ILCS 420/2-110)

 

 

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1    Sec. 2-110. Honoraria.
2    (a) No member of the General Assembly shall accept any
3honorarium.
4    (b) As used in this Section:
5    "Honorarium" means a payment of money to a member of the
6General Assembly for an appearance or speech, excluding any
7actual and necessary travel expenses incurred by the member of
8the General Assembly (and one relative) to the extent that
9those expenses are paid by any other person. "Honorarium" does
10not include (i) cash payments made on behalf of a member of the
11General Assembly to an organization described under Section
12501(c)(3) of the Internal Revenue Code of 1986, (ii) an agent's
13fee or commission, or (iii) funds reported under Article 9 of
14the Election Code.
15    "Travel expense" means the reasonable cost of
16transportation and the reasonable cost of lodging and meals
17incurred while a person is away from his or her residence or
18principal place of employment.
19    (c) Any honorarium or honoraria accepted in violation of
20this Section shall be surrendered to the State Treasurer and
21deposited into the General Revenue Fund.
22    (d) A violation of this Section is a Class A misdemeanor
23for which a fine of up to $5,100, for each violation, may be
24imposed.
25(Source: P.A. 89-405, eff. 11-8-95.)
 

 

 

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1    (5 ILCS 420/3-108 new)
2    Sec. 3-108. Penalties.
3    (a) A person who intentionally violates the provisions of
4Section 3-102 is guilty of a business offense for which a fine
5of at least $5,500 but not more than $10,000 may be imposed.
6    (b) A person who intentionally violates the provisions of
7Section 3-103 is guilty of a business offense for which a fine
8of at least $5,500 but not more than $10,000 may be imposed.
9    (c) A person who intentionally violates the provisions of
10Section 3-104 is guilty of a business offense for which a fine
11of at least $35,000 but not more than $50,000 may be imposed.
12    (d) A person who intentionally violates the provisions of
13Section 3-105 is guilty of a business offense for which a fine
14of at least $5,000 but not more than $20,000 may be imposed.
15    (e) A person who intentionally violates the provisions of
16Section 3-106 is guilty of a business offense for which a fine
17of at least $1,500 but not more than $10,000 may be imposed.
18    (f) A person who intentionally violates the provisions of
19Section 3-107 is guilty of a business offense for which a fine
20of at least $1,000 but not more than $5,000 may be imposed.
 
21    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
22    Sec. 4A-107. Any person required to file a statement of
23economic interests under this Article who willfully files a
24false or incomplete statement shall be guilty of a Class A
25misdemeanor for which a fine of up to $150,000, for each

 

 

HB5878- 5 -LRB100 21980 RJF 40028 b

1violation, may be imposed.
2    Except when the fees and penalties for late filing have
3been waived under Section 4A-105, failure to file a statement
4within the time prescribed shall result in ineligibility for,
5or forfeiture of, office or position of employment, as the case
6may be; provided, however, that if the notice of failure to
7file a statement of economic interests provided in Section
84A-105 of this Act is not given by the Secretary of State or
9the county clerk, as the case may be, no forfeiture shall
10result if a statement is filed within 30 days of actual notice
11of the failure to file. The Secretary of State shall provide
12the Attorney General with the names of persons who failed to
13file a statement. The county clerk shall provide the State's
14Attorney of the county of the entity for which the filing of
15statement of economic interest is required with the name of
16persons who failed to file a statement.
17    The Attorney General, with respect to offices or positions
18described in items (a) through (f) and items (j), (l), (n), and
19(p) of Section 4A-101 of this Act, or the State's Attorney of
20the county of the entity for which the filing of statements of
21economic interests is required, with respect to offices or
22positions described in items (g) through (i), item (k), and
23item (o) of Section 4A-101 of this Act, shall bring an action
24in quo warranto against any person who has failed to file by
25either May 31 or June 30 of any given year and for whom the fees
26and penalties for late filing have not been waived under

 

 

HB5878- 6 -LRB100 21980 RJF 40028 b

1Section 4A-105.
2(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000,
3eff. 7-2-10; 97-754, eff. 7-6-12.)
 
4    Section 10. The State Officials and Employees Ethics Act is
5amended by changing Sections 5-10, 5-10.5, and 50-5 as follows:
 
6    (5 ILCS 430/5-10)
7    Sec. 5-10. Ethics training.
8    (a) Each officer, member, and employee must complete, at
9least annually beginning in 2004, an ethics training program
10conducted by the appropriate State agency. Each ultimate
11jurisdictional authority must implement an ethics training
12program for its officers, members, and employees. These ethics
13training programs shall be overseen by the appropriate Ethics
14Commission and Inspector General appointed pursuant to this Act
15in consultation with the Office of the Attorney General.
16    (b) Each ultimate jurisdictional authority subject to the
17Executive Ethics Commission shall submit to the Executive
18Ethics Commission, at least annually, or more frequently as
19required by that Commission, an annual report that summarizes
20ethics training that was completed during the previous year,
21and lays out the plan for the ethics training programs in the
22coming year.
23    (c) Each Inspector General shall set standards and
24determine the hours and frequency of training necessary for

 

 

HB5878- 7 -LRB100 21980 RJF 40028 b

1each position or category of positions. A person who fills a
2vacancy in an elective or appointed position that requires
3training and a person employed in a position that requires
4training must complete his or her initial ethics training
5within 30 days after commencement of his or her office or
6employment.
7    (d) Upon completion of the ethics training program, each
8officer, member, and employee must certify in writing that the
9person has completed the training program. Each officer,
10member, and employee must provide to his or her ethics officer
11a signed copy of the certification by the deadline for
12completion of the ethics training program.
13    (e) The ethics training provided under this Act by the
14Secretary of State may be expanded to satisfy the requirement
15of Section 4.5 of the Lobbyist Registration Act.
16    (f) The ethics training provided under this Act by State
17agencies under the control of the Governor shall include the
18requirements and duties of State officers and employees under
19Sections 50-39, 50-40, and 50-45 of the Illinois Procurement
20Code.
21    (g) A person required under this Section to complete the
22annual ethics training program who was offered ethics training
23by his or her ethics officer and who intentionally fails to
24complete his or her annual ethics training is subject to a $50
25fine. A person required to complete the ethics training program
26under this Section who is offered ethics training by his or her

 

 

HB5878- 8 -LRB100 21980 RJF 40028 b

1ethics officer and who intentionally fails to complete the
2training within 30 days after commencement of his or her term
3of office or term of employment is guilty of a petty offense
4for which a fine of $50 may be imposed.
5(Source: P.A. 100-43, eff. 8-9-17.)
 
6    (5 ILCS 430/5-10.5)
7    Sec. 5-10.5. Sexual harassment training.
8    (a) Each officer, member, and employee must complete, at
9least annually beginning in 2018, a sexual harassment training
10program. A person who fills a vacancy in an elective or
11appointed position that requires training under this Section
12must complete his or her initial sexual harassment training
13program within 30 days after commencement of his or her office
14or employment. The training shall include, at a minimum, the
15following: (i) the definition, and a description, of sexual
16harassment utilizing examples; (ii) details on how an
17individual can report an allegation of sexual harassment,
18including options for making a confidential report to a
19supervisor, ethics officer, Inspector General, or the
20Department of Human Rights; (iii) the definition, and
21description of, retaliation for reporting sexual harassment
22allegations utilizing examples, including availability of
23whistleblower protections under this Act, the Whistleblower
24Act, and the Illinois Human Rights Act; and (iv) the
25consequences of a violation of the prohibition on sexual

 

 

HB5878- 9 -LRB100 21980 RJF 40028 b

1harassment and the consequences for knowingly making a false
2report. Proof of completion must be submitted to the applicable
3ethics officer. Sexual harassment training programs shall be
4overseen by the appropriate Ethics Commission and Inspector
5General appointed under this Act.
6    (b) Each ultimate jurisdictional authority shall submit to
7the applicable Ethics Commission, at least annually, or more
8frequently as required by that Commission, a report that
9summarizes the sexual harassment training program that was
10completed during the previous year, and lays out the plan for
11the training program in the coming year. The report shall
12include the names of individuals that failed to complete the
13required training program. Each Ethics Commission shall make
14the reports available on its website.
15    (c) Beginning January 1, 2019, and for each year
16thereafter, an officer, member, or employee who is offered
17annual sexual harassment training by his or her ethics officer
18and who intentionally fails to complete such training program
19is guilty of a petty offense for which a fine of $50 may be
20imposed. Beginning January 1, 2019, and for each year
21thereafter, a person who is offered the initial sexual
22harassment training by his or her ethics officer and who
23intentionally fails to complete such initial training program
24within 30 days after commencement of his or her term of office
25or term of employment is guilty of a petty offense for which a
26fine of $50 may be imposed.

 

 

HB5878- 10 -LRB100 21980 RJF 40028 b

1(Source: P.A. 100-554, eff. 11-16-17.)
 
2    (5 ILCS 430/50-5)
3    Sec. 50-5. Penalties.
4    (a) A person is guilty of a Class A misdemeanor if that
5person intentionally violates any provision of Section 5-15,
65-30, 5-40, or 5-45 or Article 15. For a violation of any
7provision of Section 5-15, a fine of up to $10,000, for each
8violation, may be imposed, unless the Executive Ethics
9Commission or the Legislative Ethics Commission, as
10applicable, finds that the violation of subsections (a) and (b)
11of Section 5-15 is de minimis, and that any use of State
12property, resources, or compensated time is no more than
13incidental. For a violation of any provision of Section 5-40, a
14fine of up to $2,500, for each violation, may be imposed.
15    (a-1) An ethics commission may levy an administrative fine
16for a violation of Section 5-45 of this Act of up to 3 times the
17total annual compensation that would have been obtained in
18violation of Section 5-45.
19    (b) A person who intentionally violates any provision of
20Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
21offense subject to a fine of at least $1,001 and up to $5,000.
22A person who violates any provision of Section 5-20 is guilty
23of a business offense for which a fine of at least $1,001 but
24not more than $12,000 may be imposed. A person who violates any
25provision of Section 5-35 is guilty of a business offense for

 

 

HB5878- 11 -LRB100 21980 RJF 40028 b

1which a fine of at least $1,001 but not more than $10,000 may
2be imposed. A person who violates any provision of Section 5-55
3is guilty of a business offense for which a fine of at least
4$1,001 but not more than $35,000 may be imposed.
5    (c) A person who intentionally violates any provision of
6Article 10 is guilty of a business offense and subject to a
7fine of at least $1,001 and up to $5,000.
8    (d) Any person who intentionally makes a false report
9alleging a violation of any provision of this Act to an ethics
10commission, an inspector general, the State Police, a State's
11Attorney, the Attorney General, or any other law enforcement
12official is guilty of a Class A misdemeanor.
13    (e) An ethics commission may levy an administrative fine of
14up to $5,000 against any person who violates this Act, who
15intentionally obstructs or interferes with an investigation
16conducted under this Act by an inspector general, or who
17intentionally makes a false, frivolous, or bad faith
18allegation.
19    (f) In addition to any other penalty that may apply,
20whether criminal or civil, a State employee who intentionally
21violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
225-45, or 5-50, Article 10, Article 15, or Section 20-90 or
2325-90 is subject to discipline or discharge by the appropriate
24ultimate jurisdictional authority.
25    (g) Any person who violates Section 5-65 is subject to a
26fine of up to $5,000 per offense, and is subject to discipline

 

 

HB5878- 12 -LRB100 21980 RJF 40028 b

1or discharge by the appropriate ultimate jurisdictional
2authority. Each violation of Section 5-65 is a separate
3offense. Any penalty imposed by an ethics commission shall be
4separate and distinct from any fines or penalties imposed by a
5court of law or a State or federal agency.
6    (h) Any person who violates Section 4.7 or paragraph (d) of
7Section 5 of the Lobbyist Registration Act is guilty of a
8business offense and shall be subject to a fine of up to
9$5,000. Any penalty imposed by an ethics commission shall be
10separate and distinct from any fines or penalties imposed by a
11court of law or by the Secretary of State under the Lobbyist
12Registration Act.
13(Source: P.A. 100-554, eff. 11-16-17.)
 
14    Section 15. The Criminal Code of 2012 is amended by
15changing Sections 17-10.3 and 33-1 as follows:
 
16    (720 ILCS 5/17-10.3)
17    Sec. 17-10.3. Deception relating to certification of
18disadvantaged business enterprises.
19    (a) Fraudulently obtaining or retaining certification. A
20person who, in the course of business, fraudulently obtains or
21retains certification as a minority-owned business,
22women-owned business, service-disabled veteran-owned small
23business, or veteran-owned small business commits a Class 2
24felony.

 

 

HB5878- 13 -LRB100 21980 RJF 40028 b

1    (b) Willfully making a false statement. A person who, in
2the course of business, willfully makes a false statement
3whether by affidavit, report or other representation, to an
4official or employee of a State agency or the Business
5Enterprise Council for Minorities, Women, and Persons with
6Disabilities for the purpose of influencing the certification
7or denial of certification of any business entity as a
8minority-owned business, women-owned business,
9service-disabled veteran-owned small business, or
10veteran-owned small business commits a Class 2 felony.
11    (c) Willfully obstructing or impeding an official or
12employee of any agency in his or her investigation. Any person
13who, in the course of business, willfully obstructs or impedes
14an official or employee of any State agency or the Business
15Enterprise Council for Minorities, Women, and Persons with
16Disabilities who is investigating the qualifications of a
17business entity which has requested certification as a
18minority-owned business, women-owned business,
19service-disabled veteran-owned small business, or
20veteran-owned small business commits a Class 2 felony.
21    (d) Fraudulently obtaining public moneys reserved for
22disadvantaged business enterprises. Any person who, in the
23course of business, fraudulently obtains public moneys
24reserved for, or allocated or available to, minority-owned
25businesses, women-owned businesses, service-disabled
26veteran-owned small businesses, or veteran-owned small

 

 

HB5878- 14 -LRB100 21980 RJF 40028 b

1businesses commits a Class 2 felony for which a fine of up to
2$115,000, for each violation, may be imposed.
3    (e) Definitions. As used in this Article, "minority-owned
4business", "women-owned business", "State agency" with respect
5to minority-owned businesses and women-owned businesses, and
6"certification" with respect to minority-owned businesses and
7women-owned businesses shall have the meanings ascribed to them
8in Section 2 of the Business Enterprise for Minorities, Women,
9and Persons with Disabilities Act. As used in this Article,
10"service-disabled veteran-owned small business",
11"veteran-owned small business", "State agency" with respect to
12service-disabled veteran-owned small businesses and
13veteran-owned small businesses, and "certification" with
14respect to service-disabled veteran-owned small businesses and
15veteran-owned small businesses have the same meanings as in
16Section 45-57 of the Illinois Procurement Code.
17(Source: P.A. 100-391, eff. 8-25-17.)
 
18    (720 ILCS 5/33-1)  (from Ch. 38, par. 33-1)
19    Sec. 33-1. Bribery. A person commits bribery when:
20        (a) With intent to influence the performance of any act
21    related to the employment or function of any public
22    officer, public employee, juror or witness, he or she
23    promises or tenders to that person any property or personal
24    advantage which he or she is not authorized by law to
25    accept; or

 

 

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1        (b) With intent to influence the performance of any act
2    related to the employment or function of any public
3    officer, public employee, juror or witness, he or she
4    promises or tenders to one whom he or she believes to be a
5    public officer, public employee, juror or witness, any
6    property or personal advantage which a public officer,
7    public employee, juror or witness would not be authorized
8    by law to accept; or
9        (c) With intent to cause any person to influence the
10    performance of any act related to the employment or
11    function of any public officer, public employee, juror or
12    witness, he or she promises or tenders to that person any
13    property or personal advantage which he or she is not
14    authorized by law to accept; or
15        (d) He or she receives, retains or agrees to accept any
16    property or personal advantage which he or she is not
17    authorized by law to accept knowing that the property or
18    personal advantage was promised or tendered with intent to
19    cause him or her to influence the performance of any act
20    related to the employment or function of any public
21    officer, public employee, juror or witness; or
22        (e) He or she solicits, receives, retains, or agrees to
23    accept any property or personal advantage pursuant to an
24    understanding that he or she shall improperly influence or
25    attempt to influence the performance of any act related to
26    the employment or function of any public officer, public

 

 

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1    employee, juror or witness.
2    As used in this Section, "tenders" means any delivery or
3proffer made with the requisite intent.
4    Sentence. Bribery is a Class 2 felony for which a fine of
5up to $1,000,000 may be imposed.
6(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.