101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5789

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-70 new
5 ILCS 430/50-5

    Amends the State Officials and Employees Ethics Act. Provides that no member of the General Assembly shall file or sponsor any legislation, where the member's purpose in filing or sponsoring that legislation is to, whether directly or indirectly, intentionally: cause individuals or businesses to spend money and devote resources to prevent its passage; assist a registered lobbyist or any other person to obtain a financial or other personal advantage in violation of the provisions of this Act; or gain a financial or other personal advantage for himself or herself in violation of the provisions of this Act. Provides that a violation of this provision is a Class 4 felony. Effective immediately.


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A BILL FOR

 

HB5789LRB101 21535 JWD 72351 b

1    AN ACT concerning the General Assembly.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 50-5 and by adding Section 5-70 as
6follows:
 
7    (5 ILCS 430/5-70 new)
8    Sec. 5-70. Unethical legislation. No member shall file or
9sponsor any legislation, where the member's purpose in filing
10or sponsoring that legislation is to, whether directly or
11indirectly, intentionally: cause individuals or businesses to
12spend money and devote resources to prevent its passage; assist
13a registered lobbyist or any other person to obtain a financial
14or other personal advantage in violation of the provisions of
15this Act; or gain a financial or other personal advantage for
16himself or herself in violation of the provisions of this Act.
 
17    (5 ILCS 430/50-5)
18    Sec. 50-5. Penalties.
19    (a) A person is guilty of a Class A misdemeanor if that
20person intentionally violates any provision of Section 5-15,
215-30, 5-40, or 5-45 or Article 15.
22    (a-1) An ethics commission may levy an administrative fine

 

 

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1for a violation of Section 5-45 of this Act of up to 3 times the
2total annual compensation that would have been obtained in
3violation of Section 5-45.
4    (a-5) A member is guilty of a Class 4 felony if that member
5intentionally violates any provision of Section 5-70.
6    (b) A person who intentionally violates any provision of
7Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
8offense subject to a fine of at least $1,001 and up to $5,000.
9    (c) A person who intentionally violates any provision of
10Article 10 is guilty of a business offense and subject to a
11fine of at least $1,001 and up to $5,000.
12    (d) Any person who intentionally makes a false report
13alleging a violation of any provision of this Act to an ethics
14commission, an inspector general, the State Police, a State's
15Attorney, the Attorney General, or any other law enforcement
16official is guilty of a Class A misdemeanor.
17    (e) An ethics commission may levy an administrative fine of
18up to $5,000 against any person who violates this Act, who
19intentionally obstructs or interferes with an investigation
20conducted under this Act by an inspector general, or who
21intentionally makes a false, frivolous, or bad faith
22allegation.
23    (f) In addition to any other penalty that may apply,
24whether criminal or civil, a State employee who intentionally
25violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
265-45, or 5-50, Article 10, Article 15, or Section 20-90 or

 

 

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125-90 is subject to discipline or discharge by the appropriate
2ultimate jurisdictional authority.
3    (g) Any person who violates Section 5-65 is subject to a
4fine of up to $5,000 per offense, and is subject to discipline
5or discharge by the appropriate ultimate jurisdictional
6authority. Each violation of Section 5-65 is a separate
7offense. Any penalty imposed by an ethics commission shall be
8separate and distinct from any fines or penalties imposed by a
9court of law or a State or federal agency.
10    (h) Any natural person or lobbying entity who intentionally
11violates Section 4.7, paragraph (d) of Section 5, or subsection
12(a-5) of Section 11 of the Lobbyist Registration Act is guilty
13of a business offense and shall be subject to a fine of up to
14$5,000. The Executive Ethics Commission, after the
15adjudication of a violation of Section 4.7 of the Lobbyist
16Registration Act for which an investigation was initiated by
17the Inspector General appointed by the Secretary of State under
18Section 14 of the Secretary of State Act, is authorized to
19strike or suspend the registration under the Lobbyist
20Registration Act of any person or lobbying entity for which
21that person is employed for a period of up to 3 years. In
22addition to any other fine or penalty which may be imposed, the
23Executive Ethics Commission may also levy an administrative
24fine of up to $5,000 for a violation specified under this
25subsection (h). Any penalty imposed by an ethics commission
26shall be separate and distinct from any fines or penalties

 

 

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1imposed by a court of law or by the Secretary of State under
2the Lobbyist Registration Act.
3(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.