SB1355 104TH GENERAL ASSEMBLY

LRB104 07865 BDA 17911 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1355

Introduced 1/28/2025, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

New Act

Creates the Public Official Conflict of Interest and Natural Resource Misuse Act. Provides that it is unlawful for any public official, for personal gain, to offer, propose, or allow the use or allocation of a city's natural resource as a condition for settlement or compensation for damage caused to a resident's personal property, with a Class 3 felony that includes a fine not to exceed $250,000 and restitution to the resident, as well as removal from office in the case the public official is an elected official. Provides for powers of investigation and enforcement for the Attorney General, as well as for local law enforcement agencies in consultation with the Executive Ethics Commission. Provides for protection for whistleblowers. Declares a purpose. Defines terms.

A BILL FOR

AN ACT concerning ethics.

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

Section 1. Short title. This Act may be cited as the Public Official Conflict of Interest and Natural Resource Misuse Act.

Section 5. Purpose. The purpose of this Act is to prevent the misuse of public resources by public officials and to protect the rights of residents. Specifically, this Act criminalizes the practice of public officials offering the use or allocation of a city's natural resources as a condition for settlement or compensation in personal property damage cases, ensuring that public assets are not used for personal or improper gain.

Section 10. Definitions. In this Act:

"City natural resource" means any resource owned, controlled, or managed by a municipality or unit of local government, including, but not limited to, land, water, mineral rights, parks, public infrastructure, or other natural assets that are part of the public domain.

"Damage to personal property" means any harm, destruction, or loss caused to the tangible property of an individual, including, but not limited to, homes, vehicles, personal belongings, and other possessions.

"Public official" means any individual holding a public office or position of trust or responsibility within any municipality, unit of local government, or within State government, including elected officials, appointed officials, and public employees.

"Settlement" means an agreement or arrangement intended to resolve a dispute, including compensation, restitution, or any other form of resolution between a public official and a resident for damages caused to personal property.

Section 15. Criminal offense.

(a) It is unlawful for any public official, for personal gain, to offer, propose, or allow the use or allocation of a city's natural resource as a condition for settlement or compensation for damage caused to a resident's personal property.

(b) For purposes of this Section, offering a city natural resource as a condition of settlement includes, but is not limited to:

(1) promising or providing access to public land, water, parks, or any city-managed natural resource to a resident as a form of compensation for property damage;

(2) offering rights to use city property or natural resources (such as mineral rights, development opportunities, or land use permits) in exchange for releasing claims for personal property damages; or

(3) agreeing to or facilitating agreements whereby the resident is encouraged or pressured to accept a settlement involving the use of natural resources managed by the municipality or unit of local government.

(c) Any public official who violates this Section is guilty of a Class 3 felony and shall be subject to the following penalties:

(1) a term of imprisonment of not less than 2 years and not more than 5 years;

(2) a fine in an amount not to exceed $250,000; and

(3) restitution to the resident harmed by the illegal settlement offer, which shall be determined by the court.

(d) If the public official is an elected official, the public official shall also be removed from office upon conviction of this crime.

Section 20. Investigation and enforcement.

(a) The Attorney General shall have the authority to investigate alleged violations of this Act, including conducting inquiries, subpoenaing witnesses, and reviewing relevant public records.

(b) Any resident who believes that the resident has been offered a city natural resource as a condition for settlement of property damage claims may file a formal complaint with the Executive Ethics Commission or the Attorney General's Office.

(c) Local law enforcement agencies, in consultation with the Executive Ethics Commission, shall have the authority to investigate and pursue criminal charges against public officials suspected of violating this Act.

Section 25. Protection for whistleblowers.

(a) Any individual who reports a violation of this Act in good faith shall be protected from retaliation by the public official or the public agency involved.

(b) Whistleblowers who experience retaliation may seek relief, including reinstatement to their position, back pay, and damages, as provided under the Whistleblower Protection Act.