HB0361 101ST GENERAL ASSEMBLY

LRB101 04588 RJF 49596 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0361

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

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

Section 5. The Illinois Governmental Ethics Act is amended by changing Sections 2-101, 2-103, 2-104, 2-110, and 4A-107, and by adding Section 3-108 as follows:

(5 ILCS 420/2-101) (from Ch. 127, par. 602-101)

Sec. 2-101. No legislator may engage in lobbying, as that term is defined in Section 1-109, if he accepts compensation specifically attributable to such lobbying, other than that provided by law for members of the General Assembly. Nothing in this Section prohibits a legislator from lobbying without compensation.

A violation of this Section shall constitute a Class A misdemeanor for which a fine of up to $200,000, for each violation, may be imposed.

(Source: P.A. 77-2830.)

(5 ILCS 420/2-103) (from Ch. 127, par. 602-103)

Sec. 2-103. No legislator may accept compensation, other than that provided by law for members of the General Assembly, for performance of his official legislative duties. No person, other than State officials or employees performing their duties in making payments to members of the General Assembly as provided by law, may pay or offer to pay any legislator any compensation for performance of his official legislative duties.

A violation of this Section is a Class A misdemeanor for which a fine of up to $200,000, for each violation, may be imposed petty offense.

(Source: P.A. 78-255.)

(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)

Sec. 2-104. No legislator may accept or participate in any way in any representation case, as that term is defined in Section 1-113, before (1) the Court of Claims of this State or (2) before the Illinois Workers' Compensation Commission, when the State of Illinois is the respondent.

This Section does not prohibit participation in such a representation case by a person with whom the legislator maintains a close economic association, unless the fact of that association is used to influence or attempt to influence the State agency in the rendering of its decision.

A violation of this Section is a Class A misdemeanor for which a fine of up to $200,000, for each violation, may be imposed.

(Source: P.A. 93-721, eff. 1-1-05.)

(5 ILCS 420/2-110)

Sec. 2-110. Honoraria.

(a) No member of the General Assembly shall accept any honorarium.

(b) As used in this Section:

"Honorarium" means a payment of money to a member of the General Assembly for an appearance or speech, excluding any actual and necessary travel expenses incurred by the member of the General Assembly (and one relative) to the extent that those expenses are paid by any other person. "Honorarium" does not include (i) cash payments made on behalf of a member of the General Assembly to an organization described under Section 501(c)(3) of the Internal Revenue Code of 1986, (ii) an agent's fee or commission, or (iii) funds reported under Article 9 of the Election Code.

"Travel expense" means the reasonable cost of transportation and the reasonable cost of lodging and meals incurred while a person is away from his or her residence or principal place of employment.

(c) Any honorarium or honoraria accepted in violation of this Section shall be surrendered to the State Treasurer and deposited into the General Revenue Fund.

(d) A violation of this Section is a Class A misdemeanor for which a fine of up to $5,100, for each violation, may be imposed.

(Source: P.A. 89-405, eff. 11-8-95.)

(5 ILCS 420/3-108 new)

Sec. 3-108. Penalties.

(a) A person who intentionally violates the provisions of Section 3-102 is guilty of a business offense for which a fine of at least $5,500 but not more than $10,000 may be imposed.

(b) A person who intentionally violates the provisions of Section 3-103 is guilty of a business offense for which a fine of at least $5,500 but not more than $10,000 may be imposed.

(c) A person who intentionally violates the provisions of Section 3-104 is guilty of a business offense for which a fine of at least $35,000 but not more than $50,000 may be imposed.

(d) A person who intentionally violates the provisions of Section 3-105 is guilty of a business offense for which a fine of at least $5,000 but not more than $20,000 may be imposed.

(e) A person who intentionally violates the provisions of Section 3-106 is guilty of a business offense for which a fine of at least $1,500 but not more than $10,000 may be imposed.

(f) A person who intentionally violates the provisions of Section 3-107 is guilty of a business offense for which a fine of at least $1,000 but not more than $5,000 may be imposed.

(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)

Sec. 4A-107. Any person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor for which a fine of up to $150,000, for each violation, may be imposed.

Except when the fees and penalties for late filing have been waived under Section 4A-105, failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be; provided, however, that if the notice of failure to file a statement of economic interests provided in Section 4A-105 of this Act is not given by the Secretary of State or the county clerk, as the case may be, no forfeiture shall result if a statement is filed within 30 days of actual notice of the failure to file. The Secretary of State shall provide the Attorney General with the names of persons who failed to file a statement. The county clerk shall provide the State's Attorney of the county of the entity for which the filing of statement of economic interest is required with the name of persons who failed to file a statement.

The Attorney General, with respect to offices or positions described in items (a) through (f) and items (j), (l), (n), and (p) of Section 4A-101 of this Act, or the State's Attorney of the county of the entity for which the filing of statements of economic interests is required, with respect to offices or positions described in items (g) through (i), item (k), and item (o) of Section 4A-101 of this Act, shall bring an action in quo warranto against any person who has failed to file by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.

(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, eff. 7-2-10; 97-754, eff. 7-6-12.)

Section 10. The State Officials and Employees Ethics Act is amended by changing Sections 5-10, 5-10.5, and 50-5 as follows:

(5 ILCS 430/5-10)

Sec. 5-10. Ethics training.

(a) Each officer, member, and employee must complete, at least annually beginning in 2004, an ethics training program conducted by the appropriate State agency. Each ultimate jurisdictional authority must implement an ethics training program for its officers, members, and employees. These ethics training programs shall be overseen by the appropriate Ethics Commission and Inspector General appointed pursuant to this Act in consultation with the Office of the Attorney General.

(b) Each ultimate jurisdictional authority subject to the Executive Ethics Commission shall submit to the Executive Ethics Commission, at least annually, or more frequently as required by that Commission, an annual report that summarizes ethics training that was completed during the previous year, and lays out the plan for the ethics training programs in the coming year.

(c) Each Inspector General shall set standards and determine the hours and frequency of training necessary for each position or category of positions. A person who fills a vacancy in an elective or appointed position that requires training and a person employed in a position that requires training must complete his or her initial ethics training within 30 days after commencement of his or her office or employment.

(d) Upon completion of the ethics training program, each officer, member, and employee must certify in writing that the person has completed the training program. Each officer, member, and employee must provide to his or her ethics officer a signed copy of the certification by the deadline for completion of the ethics training program.

(e) The ethics training provided under this Act by the Secretary of State may be expanded to satisfy the requirement of Section 4.5 of the Lobbyist Registration Act.

(f) The ethics training provided under this Act by State agencies under the control of the Governor shall include the requirements and duties of State officers and employees under Sections 50-39, 50-40, and 50-45 of the Illinois Procurement Code.

(g) A person required under this Section to complete the annual ethics training program who was offered ethics training by his or her ethics officer and who intentionally fails to complete his or her annual ethics training is subject to a $50 fine. A person required to complete the ethics training program under this Section who is offered ethics training by his or her ethics officer and who intentionally fails to complete the training within 30 days after commencement of his or her term of office or term of employment is guilty of a petty offense for which a fine of $50 may be imposed.

(Source: P.A. 100-43, eff. 8-9-17.)

(5 ILCS 430/5-10.5)

Sec. 5-10.5. Sexual harassment training.

(a) Each officer, member, and employee must complete, at least annually beginning in 2018, a sexual harassment training program. A person who fills a vacancy in an elective or appointed position that requires training under this Section must complete his or her initial sexual harassment training program within 30 days after commencement of his or her office or employment. The training shall include, at a minimum, the following: (i) the definition, and a description, of sexual harassment utilizing examples; (ii) details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) the definition, and description of, retaliation for reporting sexual harassment allegations utilizing examples, including availability of whistleblower protections under this Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report. Proof of completion must be submitted to the applicable ethics officer. Sexual harassment training programs shall be overseen by the appropriate Ethics Commission and Inspector General appointed under this Act.

(b) Each ultimate jurisdictional authority shall submit to the applicable Ethics Commission, at least annually, or more frequently as required by that Commission, a report that summarizes the sexual harassment training program that was completed during the previous year, and lays out the plan for the training program in the coming year. The report shall include the names of individuals that failed to complete the required training program. Each Ethics Commission shall make the reports available on its website.

(c) Beginning January 1, 2020, and for each year thereafter, an officer, member, or employee who is offered annual sexual harassment training by his or her ethics officer and who intentionally fails to complete such training program is guilty of a petty offense for which a fine of $50 may be imposed. Beginning January 1, 2020, and for each year thereafter, a person who is offered the initial sexual harassment training by his or her ethics officer and who intentionally fails to complete such initial training program within 30 days after commencement of his or her term of office or term of employment is guilty of a petty offense for which a fine of $50 may be imposed.

(Source: P.A. 100-554, eff. 11-16-17.)

(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 Article 15. For a violation of any provision of Section 5-15, a fine of up to $10,000, for each violation, may be imposed, unless the Executive Ethics Commission or the Legislative Ethics Commission, as applicable, finds that the violation of subsections (a) and (b) of Section 5-15 is de minimis, and that any use of State property, resources, or compensated time is no more than incidental. For a violation of any provision of Section 5-40, a fine of up to $2,500, for each violation, may be imposed.

(a-1) An ethics commission may levy an administrative fine for a violation of Section 5-45 of this Act of up to 3 times the total annual compensation that would have been obtained in violation of Section 5-45.

(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. A person who violates any provision of Section 5-20 is guilty of a business offense for which a fine of at least $1,001 but not more than $12,000 may be imposed. A person who violates any provision of Section 5-35 is guilty of a business offense for which a fine of at least $1,001 but not more than $10,000 may be imposed. A person who violates any provision of Section 5-55 is guilty of a business offense for which a fine of at least $1,001 but not more than $35,000 may be imposed.

(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 5-5, 5-15, 5-20, 5-30, 5-35, 5-45, 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.

(g) Any person who violates Section 5-65 is subject to a fine of up to $5,000 per offense, and is subject to discipline or discharge by the appropriate ultimate jurisdictional authority. Each violation of Section 5-65 is a separate offense. Any penalty imposed by an ethics commission shall be separate and distinct from any fines or penalties imposed by a court of law or a State or federal agency.

(h) Any natural person or lobbying entity who intentionally violates Section 4.7, paragraph (d) of Section 5, or subsection (a-5) of Section 11 of the Lobbyist Registration Act is guilty of a business offense and shall be subject to a fine of up to $5,000. The Executive Ethics Commission, after the adjudication of a violation of Section 4.7 of the Lobbyist Registration Act for which an investigation was initiated by the Inspector General appointed by the Secretary of State under Section 14 of the Secretary of State Act, is authorized to strike or suspend the registration under the Lobbyist Registration Act of any person or lobbying entity for which that person is employed for a period of up to 3 years. In addition to any other fine or penalty which may be imposed, the Executive Ethics Commission may also levy an administrative fine of up to $5,000 for a violation specified under this subsection (h). Any penalty imposed by an ethics commission shall be separate and distinct from any fines or penalties imposed by a court of law or by the Secretary of State under the Lobbyist Registration Act.

(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)

Section 15. The Criminal Code of 2012 is amended by changing Sections 17-10.3 and 33-1 as follows:

(720 ILCS 5/17-10.3)

Sec. 17-10.3. Deception relating to certification of disadvantaged business enterprises.

(a) Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.

(b) Willfully making a false statement. A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the purpose of influencing the certification or denial of certification of any business entity as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.

(c) Willfully obstructing or impeding an official or employee of any agency in his or her investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Business Enterprise Council for Minorities, Women, and Persons with Disabilities who is investigating the qualifications of a business entity which has requested certification as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony.

(d) Fraudulently obtaining public moneys reserved for disadvantaged business enterprises. 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 commits a Class 2 felony for which a fine of up to $115,000, for each violation, may be imposed.

(e) Definitions. As used in this Article, "minority-owned business", "women-owned business", "State agency" with respect to minority-owned businesses and women-owned businesses, and "certification" with respect to minority-owned businesses and women-owned businesses shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. As used in this Article, "service-disabled veteran-owned small business", "veteran-owned small business", "State agency" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses, and "certification" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses have the same meanings as in Section 45-57 of the Illinois Procurement Code.

(Source: P.A. 100-391, eff. 8-25-17.)

(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)

Sec. 33-1. Bribery. A person commits bribery when:

(a) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or

(b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or

(c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or

(d) He or she receives, retains or agrees to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or

(e) He or she solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.

As used in this Section, "tenders" means any delivery or proffer made with the requisite intent.

Sentence. Bribery is a Class 2 felony for which a fine of up to $1,000,000 may be imposed.

(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

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