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IN HB1027
Bill
Status
1/3/2019
Primary Sponsor
Thomas Saunders
Click for details
AI Summary
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Public servants with pecuniary interests in wind farm contracts or who receive payments from wind farm developers in connection with planning/zoning decisions commit a Level 6 felony conflict of interest offense, unless they file written disclosure with the state board of accounts and circuit court clerk within 15 days
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Wind farm developers must disclose any financial interests, easements, leases, or agreements involving elected or unelected officials (or their relatives) throughout all project phases and for one year after project completion
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Disclosures must be submitted in writing to the unit clerk for public inspection and published in a local newspaper within 10 days; developers with websites must maintain an updated listing of all disclosures
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The Attorney General may investigate complaints and impose civil penalties up to $50,000 for a first violation and $100,000 for subsequent violations of disclosure requirements
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Exempts individuals installing wind power devices on their own property for personal electricity generation from the definition of "wind farm developer"
Legislative Description
Wind farm conflicts of interest. Amends the statute that establishes the criminal offense of conflict of interest by a public servant to provide that a public servant who serves a unit in which a proposed wind farm development is being considered commits an offense under the statute if either of the following apply: (1) The public servant knowingly: (A) has or will have a pecuniary interest in; or (B) derives or will derive a profit from; a contract or purchase related to the proposed wind farm development. (2) The wind farm developer does, or offers to do, certain specified acts related to the proposed wind farm development and involving the public servant's role as a public official. Provides that a public servant does not commit an offense under the statute if the public servant makes a written disclosure that describes the nature of the conflict the public servant has with respect to the proposed wind farm development. Requires a wind farm developer that seeks to install or locate one or more wind power devices in a unit to make certain disclosures regarding conflicts of interest involving elected or unelected officials with respect to the proposed project. Provides that a wind farm developer shall make the required disclosures as necessary throughout all phases of the proposed project and continuing for one year after the date on which all wind power devices included in the project are fully operational. Prescribes the form and manner in which the disclosures must be made. Confers authority upon the attorney general to investigate and adjudicate complaints alleging violations of the disclosure requirements. Provides that upon determining that a wind farm developer has violated the requirements, the attorney general may impose a civil penalty of not more than: (1) $50,000 for the first violation; and (2) $100,000 for any subsequent violation.
Last Action
Reassigned to Committee on Local Government
1/15/2019