Full Text of HB5480 98th General Assembly
HB5480 98TH GENERAL ASSEMBLY |
| | 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 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Executive Officer Prohibited Awards Act. | 6 | | Section 5. Awards prohibited. | 7 | | (a) No executive branch constitutional officer may accept | 8 | | an award presented by an agency, board, or commission under the | 9 | | jurisdiction of that executive branch constitutional officer | 10 | | during his or her term of office. | 11 | | (b) For the purposes of this Act: | 12 | | "Executive branch constitutional officer" means the | 13 | | Governor, Lieutenant
Governor, Attorney General, Secretary of | 14 | | State, Comptroller, and Treasurer. | 15 | | "Award" means a tangible token of recognition or honor, | 16 | | including, but not limited to, trophies, prizes, plaques, | 17 | | medals, and monetary awards. | 18 | | Section 80. The Criminal Code of 2012 is amended by | 19 | | changing 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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| 1 | | employee or special government agent commits misconduct
when, | 2 | | in his official capacity or capacity as a special government | 3 | | agent, 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
| 17 | | convicted of violating any provision of
this Section forfeits | 18 | | his office or employment or position as a special government | 19 | | agent. In addition, he commits a
Class
3 felony. | 20 | | For purposes of this Section, "special government agent" | 21 | | has the meaning ascribed to it in subsection (l) of Section | 22 | | 4A-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 | 25 | | becoming law.
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