HB2681 96TH GENERAL ASSEMBLY

LRB096 04035 JAM 14073 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2681

Introduced 2/24/2009, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

5 ILCS 430/5-17 new
5 ILCS 430/50-5

Amends the State Officials and Employees Ethics Act. Makes it a Class A misdemeanor for a State executive branch constitutional officer, General Assembly member, or State employee (including an appointee) to knowingly employ or seek to influence the employment or promotion of a relative of a General Assembly member in a position as a State employee.

CORRECTIONAL BUDGET AND IMPACT 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 State Officials and Employees Ethics Act is amended by changing Section 50-5 and by adding Section 5-17 as follows:

(5 ILCS 430/5-17 new)

Sec. 5-17. Nepotism.

(a) An officer, member, or State employee shall not knowingly employ, or seek to influence the employment or promotion of, a relative of a member in a position as a State employee.

(b) For the purpose of this Section, a "relative" is a father, mother, son, daughter, brother, sister, uncle, aunt, great uncle, great aunt, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, fiance, fiancee, and the mother, father, grandfather, or grandmother of a fiance or fiancee.

(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, 5-17, 5-30, 5-40, or 5-45 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.)