SB2380eng 98TH GENERAL ASSEMBLY

SB2380 Engrossed LRB098 08303 JDS 38406 b

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 adding Section 5-16 and changing Section 50-5 as follows:

(5 ILCS 430/5-16 new)

Sec. 5-16. Prohibition on use of grant funds for prohibited political activities.

(a) For the purposes of this Section:

"Employee of a grantee" means any full-time, part-time, or contractual employee of a grantee.

"Grant funds" has the meaning established in subsection (b) of Section 2 of the Illinois Grant Funds Recovery Act.

"Grantee" has the meaning established in subsection (c) of Section 2 of the Illinois Grant Funds Recovery Act.

(b) Grantees and employees of grantees shall not intentionally use grant funds, or goods or services purchased with grant funds, to engage, either directly or indirectly, in a prohibited political activity.

(c) Grantees and employees of grantees shall not be compensated from grant funds for time spent engaging in a prohibited political activity.

(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.

(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.

(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. A person who violates Section 5-16 and is not subject to the jurisdiction of an ethics commission is guilty of a business offense and is subject to a fine of up to $5,000.

(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.

(Source: P.A. 96-555, eff. 8-18-09.)