98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5480

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/33-3  from Ch. 38, par. 33-3

    Creates the Executive Officer Prohibited Awards Act. Provides that no executive branch constitutional officer may accept an award presented by an agency, board, or commission under the jurisdiction of that executive branch constitutional officer during his or her term of office. Defines "executive branch constitutional officer" as the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. Amends the Criminal Code of 2012 to provide that a violation of the Executive Officer Prohibited Awards Act constitutes official misconduct. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Executive Officer Prohibited Awards Act.
 
6    Section 5. Awards prohibited.
7    (a) No executive branch constitutional officer may accept
8an award presented by an agency, board, or commission under the
9jurisdiction of that executive branch constitutional officer
10during his or her term of office.
11    (b) For the purposes of this Act:
12    "Executive branch constitutional officer" means the
13Governor, Lieutenant Governor, Attorney General, Secretary of
14State, Comptroller, and Treasurer.
15    "Award" means a tangible token of recognition or honor,
16including, but not limited to, trophies, prizes, plaques,
17medals, and monetary awards.
 
18    Section 80. The Criminal Code of 2012 is amended by
19changing Section 33-3 as follows:
 
20    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
21    Sec. 33-3. Official Misconduct.) A public officer or

 

 

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1employee or special government agent commits misconduct when,
2in his official capacity or capacity as a special government
3agent, he commits any of the following acts:
4        (a) Intentionally or recklessly fails to perform any
5    mandatory duty as required by law; or
6        (b) Knowingly performs an act which he knows he is
7    forbidden by law to perform; or
8        (c) With intent to obtain a personal advantage for
9    himself or another, he performs an act in excess of his
10    lawful authority; or
11        (d) Solicits or knowingly accepts for the performance
12    of any act a fee or reward which he knows is not authorized
13    by law; or .
14        (e) Accepts an award in violation of the Executive
15    Officer Prohibited Awards Act.
16    A public officer or employee or special government agent
17convicted of violating any provision of this Section forfeits
18his office or employment or position as a special government
19agent. In addition, he commits a Class 3 felony.
20    For purposes of this Section, "special government agent"
21has the meaning ascribed to it in subsection (l) of Section
224A-101 of the Illinois Governmental Ethics Act.
23(Source: P.A. 94-338, eff. 1-1-06.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.