SB2996 94TH GENERAL ASSEMBLY

LRB094 15953 JAM 52119 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2996

Introduced 1/20/2006, by Sen. Kirk W. Dillard - Cheryl Axley - Frank C. Watson

SYNOPSIS AS INTRODUCED:

5 ILCS 430/5-60 new
5 ILCS 430/50-5

Amends the State Officials and Employees Ethics Act. Prohibits a State executive branch employee from being required to distribute information about a State program unless (i) the program is part of the mission of the employee's State agency; (ii) distribution is during the employee's normal course of his or her duties; and (iii) a State agency is the primary identifiable source of the information. Prohibits disciplining a State employee for refusing to perform a prohibited distribution or for refusing to attend program related events that are not part of or directly related to the employee's normal course of duties. Makes violation a Class A misdemeanor. Exempts State employees performing certain research or academic functions. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning ethics.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 50-5 and by adding Section 5-60 as follows:

(5 ILCS 430/5-60 new)

Sec. 5-60. Distribution of State program information.

(a) A State executive branch employee may not be required to distribute, or participate in the distribution, by any means of information about a specific State program administered or or proposed to be administered by a State agency unless: (i) the program is part of or directly related to the mission of the State employee's employing State agency; (ii) the information is distributed during the normal course of the State employee's duties; and (iii) the State employee's employing State agency or another agency with related information is the primary identifiable source of the information.

(b) A State executive branch employee may not be disciplined for refusing to distribute information in violation of subsection (a). A State executive branch employee may not be disciplined for refusing to attend events for a specific State program that are not part of or directly related to the normal course of the State employee's duties.

(c) Subsection (a) does not apply to a State employee in the performance of library, research, or teaching functions.

(5 ILCS 430/50-5)

Sec. 50-5. Penalties.

(a) A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of Section 5-15, 5-30, 5-40, or 5-45, or 5-60 or Article 15.

(b) A person who intentionally violates any provision of Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business offense subject to a fine of at least $1,001 and up to $5,000.

(c) A person who intentionally violates any provision of Article 10 is guilty of a business offense and subject to a fine of at least $1,001 and up to $5,000.

(d) Any person who intentionally makes a false report alleging a violation of any provision of this Act to an ethics commission, an inspector general, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor.

(e) An ethics commission may levy an administrative fine of up to $5,000 against any person who violates this Act, who intentionally obstructs or interferes with an investigation conducted under this Act by an inspector general, or who intentionally makes a false, frivolous, or bad faith allegation.

(f) In addition to any other penalty that may apply, whether criminal or civil, a State employee who intentionally violates any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, or 5-50, Article 10, Article 15, or Section 20-90 or 25-90 is subject to discipline or discharge by the appropriate ultimate jurisdictional authority.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

Section 99. Effective date. This Act takes effect upon becoming law.