093_HB3046

 
                                     LRB093 07631 BDD 07810 b

 1        AN ACT concerning ethics.

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

 4        Section 5.  The State Employees Political Activity Act is
 5    amended by changing Section 3 as follows:

 6        (5 ILCS 320/3) (from Ch. 24 1/2, par. 38u)
 7        Sec. 3. (a)  No employee hereunder  shall  be  denied  or
 8    deprived  of  employment  solely because he is a member or an
 9    officer of a political committee, of a political party, or of
10    a political organization or club; nor shall he be required as
11    a condition of his employment  or  tenure  to  work  or  make
12    contributions  in  behalf  of  any  political  party  or  any
13    candidate for political office.
14        (b)  State   employees   have  the  right  to  engage  in
15    political work that does not interfere  with  their  official
16    duties, provided that:
17             (1)  No political work may be conducted while acting
18        (i)  in an official capacity as a State employee, (ii) at
19        the public employment work site,  or  (iii)  using  State
20        owned or leased property or equipment;
21             (2)  State  employees  who  work  part-time  for the
22        State while engaging in political work in their non-State
23        time  must  file  weekly  time  sheets  documenting,   in
24        quarter-hour increments, the time spent each day on their
25        official  State  duties. These reports shall be available
26        to the public under the Freedom of Information Act; and
27             (3)  State employees  who  work  part-time  for  the
28        State while engaging in political work in their non-State
29        time   may   elect  to  suspend  their  health  insurance
30        coverage,  earning  of  pension   credits,   accrual   of
31        vacations,   accrual   of  seniority,  and  other  fringe
 
                            -2-      LRB093 07631 BDD 07810 b
 1        benefits during the period they work  part-time  for  the
 2        State.   No  such  part-time employee shall receive these
 3        fringe benefits unless he or she reimburses the State, on
 4        a pro-rated basis, for the time he or she is not  engaged
 5        in official duties; and
 6             (4)  Nothing in this Section shall be interpreted to
 7        allow  any activities otherwise prohibited by Illinois or
 8        federal law.
 9    (Source: Laws 1957, p. 1868.)

10        Section 10.  The  Illinois  Governmental  Ethics  Act  is
11    amended by adding Article 4B as follows:

12        (5 ILCS 420/Art. 4B heading new)
13                             ARTICLE 4B
14                      STATE GOVERNMENTAL ETHICS

15        (5 ILCS 420/4B-5 new)
16        Sec. 4B-5.  Public service announcements.  No State funds
17    may  be used for the dissemination by any media of any public
18    service announcement or advertisement  that  uses  the  name,
19    image,  voice,  or  likeness  of  any  State executive branch
20    constitutional officer  during  a  period  starting  30  days
21    before a general primary election or 60 days before a general
22    election.
23        For  the purposes of this Section, State executive branch
24    constitutional  officer  means   the   Governor,   Lieutenant
25    Governor,   Secretary   of  State,  Attorney  General,  State
26    Treasurer, and State Comptroller.

27        Section  15.  The  State  Gift  Ban  Act  is  amended  by
28    changing Sections 5, 10, 15, 20, 30, 35, 45, 55, 60, 80,  83,
29    85, and 95 as follows:
 
                            -3-      LRB093 07631 BDD 07810 b
 1        (5 ILCS 425/5)
 2        Sec. 5.  Definitions.  As used in this Act:
 3        "Commission"  means  an ethics commission created by this
 4    Act.
 5        "Employee"   means   all   full-time,   part-time,    and
 6    contractual   employees  of  the  executive  and  legislative
 7    branches  of  State   government,   appointed   and   elected
 8    officials, and directors of a governmental entity.
 9        "Gift"   means  any  gratuity,  discount,  entertainment,
10    hospitality,  loan,  forbearance,  or   other   tangible   or
11    intangible  item  having  monetary  value  including, but not
12    limited to, cash, food and drink, and honoraria for  speaking
13    engagements   related   to   or  attributable  to  government
14    employment or the official position of an  employee,  member,
15    or officer, or judge.
16        "Governmental   entity"   means   each   office,   board,
17    commission,   agency,   department,  authority,  institution,
18    university, body politic and corporate, administrative  unit,
19    and  corporate  outgrowth  of the executive and, legislative,
20    and judicial branches of State government, whether created by
21    the Illinois Constitution, by or in accordance with  statute,
22    or by executive order of the Governor.  "Governmental entity"
23    includes the Health Facilities Planning Board.
24        "Judge"  means judges and associate judges of the Supreme
25    Court, Appellate Courts, and Circuit Courts.
26        "Member" means a member of the General Assembly.
27        "Officer" means a State constitutional officer.
28        "Political  organization"  means  a   party,   committee,
29    association,  fund,  or  other  organization  (whether or not
30    incorporated)  organized  and  operated  primarily  for   the
31    purpose  of directly or indirectly accepting contributions or
32    making expenditures, or both, for the function of influencing
33    or  attempting  to  influence  the   selection,   nomination,
34    election,  or  appointment  of any individual to any federal,
 
                            -4-      LRB093 07631 BDD 07810 b
 1    state, or local  public  office  or  office  in  a  political
 2    organization,    or   the   election   of   Presidential   or
 3    Vice-Presidential electors, whether or  not the individual or
 4    electors are selected, nominated, elected, or appointed.  The
 5    term includes the  making  of  expenditures  relating  to  an
 6    office  described in the preceding sentence that, if incurred
 7    by the individual, would be allowable as a federal income tax
 8    deduction for trade or business expenses.
 9        "Prohibited source" means any person or entity who:
10             (1)  is seeking official action (i)  by  the  member
11        or, officer, or judge or (ii) in the case of an employee,
12        by  the  employee  or  by  the  member,  officer,  judge,
13        governmental  entity,  or  other  employee  directing the
14        employee;
15             (2)  does business or seeks to do business (i)  with
16        the  member or, officer,  or judge or (ii) in the case of
17        an employee,  with  the  employee  or  with  the  member,
18        officer,  judge,  governmental  entity, or other employee
19        directing the employee;
20             (3)  conducts activities regulated (i) by the member
21        or, officer, or judge or (ii) in the case of an employee,
22        by  the  employee  or  by  the  member,  officer,  judge,
23        governmental entity,  or  other  employee  directing  the
24        employee;
25             (4)  has   interests   that   may  be  substantially
26        affected by the performance  or  non-performance  of  the
27        official  duties  of the member, officer, or employee, or
28        judge; or
29             (5)  is registered or required to be registered with
30        the Secretary of State under  the  Lobbyist  Registration
31        Act.
32        "Ultimate jurisdictional authority" means the following:
33             (1)  For   members,   partisan   staff,   and  their
34        secretaries,   the   appropriate   legislative    leader:
 
                            -5-      LRB093 07631 BDD 07810 b
 1        President  of  the Senate, Minority Leader of the Senate,
 2        Speaker of the  House  of  Representatives,  or  Minority
 3        Leader of the House of Representatives.
 4             (2)  For  State employees who are professional staff
 5        or employees of the Senate and  not  covered  under  item
 6        (1), the Senate Operations Commission.
 7             (3)  For  State employees who are professional staff
 8        or employees of the  House  of  Representatives  and  not
 9        covered  under  item  (1),  the  Speaker  of the House of
10        Representatives.
11             (4)  For State employees who are  employees  of  the
12        legislative   support   services   agencies,   the  Joint
13        Committee on Legislative Support Services.
14             (5)  (Blank).  For judges, the Chief Justice of  the
15        Supreme Court.
16             (6)  (Blank).   For  State employees of the judicial
17        branch, the Administrative Office of the Illinois Courts.
18             (7)  For State  employees  of  an  executive  branch
19        constitutional  officer, the appropriate executive branch
20        constitutional officer.
21             (8)  For State employees not under the  jurisdiction
22        of  paragraph  (1),  (2), (3), (4), (5), (6), or (7), the
23        Governor.
24             (9)  For officers, the General Assembly.
25    (Source: P.A. 90-737, eff. 1-1-99; 91-782, eff. 6-9-00.)

26        (5 ILCS 425/10)
27        Sec. 10.  Gift ban.  Except as otherwise provided in this
28    Act,  no  member,  officer,  or  employee,  or  judge   shall
29    knowingly  solicit  or  accept  any  gift from any prohibited
30    source or in violation of any federal or State statute, rule,
31    or regulation.  This ban applies to and includes  spouses  of
32    and  immediate  family  living  with  the member, officer, or
33    employee, or judge. No prohibited source shall offer or  make
 
                            -6-      LRB093 07631 BDD 07810 b
 1    a gift that violates this Section.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        (5 ILCS 425/15)
 4        Sec. 15.  Exceptions.  The restriction in Section 10 does
 5    not apply to the following:
 6        (1)  Opportunities and benefits that are available to the
 7    general  public.    Anything  for  which the member, officer,
 8    employee, or judge pays the market value or anything not used
 9    and promptly disposed of as provided in Section 25.
10        (2)  A contribution, as  defined  in  Article  9  of  the
11    Election  Code  that  is  lawfully  made  under  that  Act or
12    attendance at a fundraising event sponsored  by  a  political
13    organization.
14        (3)  Educational materials and missions.
15        (4)  Travel  expenses  for  a  meeting  to  discuss State
16    business.
17        (5)  A gift from a relative, meaning those people related
18    to the individual as father, mother, son, daughter,  brother,
19    sister,  uncle,  aunt, great aunt, great uncle, first cousin,
20    nephew,  niece,  husband,  wife,  grandfather,   grandmother,
21    grandson,    granddaughter,   father-in-law,   mother-in-law,
22    son-in-law, daughter-in-law,  brother-in-law,  sister-in-law,
23    stepfather,  stepmother,  stepson, stepdaughter, stepbrother,
24    stepsister, half brother,  half  sister,  and  including  the
25    father,   mother,   grandfather,   or   grandmother   of  the
26    individual's spouse and the individual's fiance or fiancee.
27        (6)  (4)  Anything provided by an individual on the basis
28    of  a  personal  friendship  unless  the   member,   officer,
29    employee,  or  judge  has  reason  to believe that, under the
30    circumstances, the gift was provided because of the  official
31    position  or  employment of the member, officer, or employee,
32    or judge and not because of the personal friendship.
33        In determining whether a gift is provided on the basis of
 
                            -7-      LRB093 07631 BDD 07810 b
 1    personal friendship, the member,  officer,  or  employee,  or
 2    judge  shall  consider the circumstances under which the gift
 3    was offered, such as:
 4             (i)  the history of  the  relationship  between  the
 5        individual giving the gift and the recipient of the gift,
 6        including  any  previous  exchange of gifts between those
 7        individuals;
 8             (ii)  whether to the actual knowledge of the member,
 9        officer, or employee, or judge the  individual  who  gave
10        the  gift  personally  paid  for the gift or sought a tax
11        deduction or business reimbursement for the gift; and
12             (iii)  whether  to  the  actual  knowledge  of   the
13        member, officer, or employee, or judge the individual who
14        gave  the  gift  also  at  the same time gave the same or
15        similar gifts to other members, officers,  or  employees,
16        or judges.
17        (7)  Food or refreshments not exceeding $75 per person in
18    value; provided that the food or refreshments are consumed on
19    the premises from which they were served. (5)  A commercially
20    reasonable  loan evidenced in writing with repayment due by a
21    date certain made in the  ordinary  course  of  the  lender's
22    business.
23        (6)  A  contribution or other payments to a legal defense
24    fund established  for  the  benefit  of  a  member,  officer,
25    employee, or judge that is otherwise lawfully made.
26        (8)  (7)  Intra-office  and  inter-office gifts.  For the
27    purpose of this Act, "intra-office gifts" means:
28             (i)  any gift given to a member or employee  of  the
29        legislative branch from another member or employee of the
30        legislative branch;
31             (ii)  (Blank). any gift given to a judge or employee
32        of  the judicial branch from another judge or employee of
33        the judicial branch;
34             (iii)  any gift given to an officer or  employee  of
 
                            -8-      LRB093 07631 BDD 07810 b
 1        the  executive branch from another officer or employee of
 2        the executive branch;
 3             (iv)  (Blank). any  gift  given  to  an  officer  or
 4        employee  of  a unit of local government, home rule unit,
 5        or school district, from another employee of that unit of
 6        local government, home rule unit, or school district;
 7             (v)  any gift given to an officer or employee of any
 8        other governmental entity not included in  item  (i)  or,
 9        (ii),  (iii),  or  (iv),  from  another  employee of that
10        governmental entity; or
11             (vi)  any gift given to a member or employee of  the
12        legislative  branch,  a judge or employee of the judicial
13        branch, an officer or employee of the  executive  branch,
14        an  officer  or  employee  of a unit of local government,
15        home rule unit, or school  district,  or  an  officer  or
16        employee of any other governmental entity not included in
17        item  (i)  or,  (ii),  (iii),  or  (iv)  from a member or
18        employee of the legislative branch, a judge  or  employee
19        of  the  judicial  branch,  an officer or employee of the
20        executive branch, an officer or employee  of  a  unit  of
21        local  government, home rule unit, or school district, or
22        an officer or employee of any other governmental entity.
23        (8)  Food,  refreshments,  lodging,  transportation,  and
24    other benefits:
25             (i)  resulting  from   the   outside   business   or
26        employment activities (or outside activities that are not
27        connected to the duties of the member, officer, employee,
28        or judge, as an office holder or employee) of the member,
29        officer,  employee,  judge,  or the spouse of the member,
30        officer, employee, or judge, if  the  benefits  have  not
31        been offered or enhanced because of the official position
32        or  employment of the member, officer, employee, or judge
33        and  are  customarily  provided  to  others  in   similar
34        circumstances;
 
                            -9-      LRB093 07631 BDD 07810 b
 1             (ii)  customarily provided by a prospective employer
 2        in connection with bona fide employment discussions; or
 3             (iii)  provided   by  a  political  organization  in
 4        connection with a fundraising or campaign event sponsored
 5        by that organization.
 6        (9)  Pension and other benefits resulting from  continued
 7    participation  in  an  employee  welfare  and  benefits  plan
 8    maintained by a former employer.
 9        (10)  Informational materials that are sent to the office
10    of  the  member,  officer,  employee, or judge in the form of
11    books,  articles,  periodicals,  other   written   materials,
12    audiotapes, videotapes, or other forms of communication.
13        (11)  Awards  or  prizes that are given to competitors in
14    contests or events  open  to  the  public,  including  random
15    drawings.
16        (12)  Honorary  degrees  (and  associated  travel,  food,
17    refreshments,  and entertainment provided in the presentation
18    of degrees and awards).
19        (13)  Training (including food and refreshments furnished
20    to all  attendees  as  an  integral  part  of  the  training)
21    provided  to  a  member,  officer, employee, or judge, if the
22    training is in the interest of the governmental entity.
23        (14)  Educational  missions,  including   meetings   with
24    government  officials either foreign or domestic, intended to
25    educate public officials on  matters  of  public  policy,  to
26    which  the member, officer, employee, or judge may be invited
27    to participate along with  other  federal,  state,  or  local
28    public officials and community leaders.
29        (9) (15)  Bequests,  inheritances, and other transfers at
30    death.
31        (16)  Anything  that  is  paid   for   by   the   federal
32    government,  the  State, or a governmental entity, or secured
33    by the government or governmental entity under  a  government
34    contract.
 
                            -10-     LRB093 07631 BDD 07810 b
 1        (17)  A  gift  of  personal  hospitality of an individual
 2    other than a  registered  lobbyist  or  agent  of  a  foreign
 3    principal,  including  hospitality extended for a nonbusiness
 4    purpose by an individual, not a corporation or  organization,
 5    at   the   personal  residence  of  that  individual  or  the
 6    individual's family or on property  or  facilities  owned  by
 7    that individual or the individual's family.
 8        (18)  Free   attendance   at   a  widely  attended  event
 9    permitted under Section 20.
10        (19)  Opportunities and benefits that are:
11             (i)  available  to  the  public  or   to   a   class
12        consisting   of  all  employees,  officers,  members,  or
13        judges,  whether  or  not  restricted  on  the  basis  of
14        geographic consideration;
15             (ii)  offered to members of  a  group  or  class  in
16        which  membership  is unrelated to employment or official
17        position;
18             (iii)  offered to members of an organization such as
19        an employee's  association  or  credit  union,  in  which
20        membership  is related to employment or official position
21        and similar opportunities are available to large segments
22        of the public through organizations of similar size;
23             (iv)  offered to any group  or  class  that  is  not
24        defined in a manner that specifically discriminates among
25        government employees on the basis of branch of government
26        or  type  of  responsibility,  or  on a basis that favors
27        those of higher rank or rate of pay;
28             (v)  in the form  of  loans  from  banks  and  other
29        financial  institutions  on  terms generally available to
30        the public; or
31             (vi)  in the form of  reduced  membership  or  other
32        fees for participation in organization activities offered
33        to all government employees by professional organizations
34        if   the   only  restrictions  on  membership  relate  to
 
                            -11-     LRB093 07631 BDD 07810 b
 1        professional qualifications.
 2        (20)  A  plaque,  trophy,   or   other   item   that   is
 3    substantially  commemorative  in  nature and that is extended
 4    for presentation.
 5        (21)  Golf or tennis; food  or  refreshments  of  nominal
 6    value  and  catered  food or refreshments; meals or beverages
 7    consumed on the premises from which they were purchased.
 8        (22)  Donations of products from an Illinois company that
 9    are intended primarily  for  promotional  purposes,  such  as
10    display or free distribution, and are of minimal value to any
11    individual recipient.
12        (10)(23)  Any  item  or  items  from  any  one prohibited
13    source during any calendar year  having  a  cumulative  total
14    value of less than $100.
15    (Source: P.A. 92-853, eff. 8-28-02.)

16        (5 ILCS 425/20)
17        Sec. 20.  Attendance at meetings events.
18        (a)  A  member, officer, or employee, or judge may accept
19    travel expenses in connection with a meeting to discuss State
20    business, as defined by  rules  adopted  by  the  appropriate
21    ethics  commission.  an  offer of free attendance at a widely
22    attended  convention,  conference,  symposium,  forum,  panel
23    discussion, dinner, viewing,  reception,  or  similar  event,
24    provided by the sponsor of the event, if:
25             (1)  the   member,   officer,   employee,  or  judge
26        participates in  the  event  as  a  speaker  or  a  panel
27        participant,   by   presenting   information  related  to
28        government,  or  by  performing  a  ceremonial   function
29        appropriate  to  the  member's, officer's, employee's, or
30        judge's official position or employment; or
31             (2)  attendance at the event is appropriate  to  the
32        performance  of civic affairs in Illinois or the official
33        duties or representative function of the member, officer,
 
                            -12-     LRB093 07631 BDD 07810 b
 1        employee, or judge.
 2        (b)  A member, officer, employee, or judge who attends an
 3    event described in subsection  (a)  may  accept  a  sponsor's
 4    unsolicited  offer  of  free  attendance  at the event for an
 5    accompanying individual.
 6        (c)  A member, officer, employee, or judge, or the spouse
 7    or dependent thereof,  may  accept  a  sponsor's  unsolicited
 8    offer  of  free  attendance  at  a charity event, except that
 9    reimbursement for  transportation  and  lodging  may  not  be
10    accepted in connection with the event.
11        (d)  For   purposes  of  this  Section,  the  term  "free
12    attendance" may include waiver of all or part of a conference
13    or  other  fee,  the  provision  of  transportation,  or  the
14    provision   of   food,   refreshments,   entertainment,   and
15    instructional materials furnished  to  all  attendees  as  an
16    integral  part  of  the  event.   The  term  does not include
17    entertainment collateral to the event, nor  does  it  include
18    food or refreshments taken other than in a group setting with
19    all   or   substantially   all  other  attendees,  except  as
20    authorized under subsection (21) of Section 15.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (5 ILCS 425/30)
23        Sec. 30.  Reimbursement. (Blank).
24        (a)  A reimbursement (including payment  in  kind)  to  a
25    member,  officer,  employee,  or  judge from a private source
26    other than a  registered  lobbyist  or  agent  of  a  foreign
27    principal  for necessary transportation, lodging, and related
28    expenses for travel to a meeting, speaking  engagement,  fact
29    finding  trip, or similar event in connection with the duties
30    of the member, officer,  employee,  or  judge  as  an  office
31    holder  or  employee shall be deemed to be a reimbursement to
32    the governmental entity and not a gift prohibited by this Act
33    if the member, officer, employee, or judge:
 
                            -13-     LRB093 07631 BDD 07810 b
 1             (1)  discloses the  expenses  reimbursed  or  to  be
 2        reimbursed  and  the  authorization  to  the Clerk of the
 3        House of Representatives, the Secretary  of  the  Senate,
 4        the   State   Comptroller,  fiscal  officer,  or  similar
 5        authority as appropriate, within 30 days after the travel
 6        is completed; and
 7             (2)  in the case of an  employee,  receives  advance
 8        authorization,  from the member, officer, judge, or other
 9        employee under  whose  direct  supervision  the  employee
10        works to accept reimbursement.
11        (b)  For   purposes   of   subsection  (a),  events,  the
12    activities of which are substantially recreational in nature,
13    shall not be considered to be in connection with  the  duties
14    of  a member, officer, employee, or judge as an office holder
15    or employee.
16        (c)  Each advance authorization to  accept  reimbursement
17    shall  be  signed  by  the  member,  officer, judge, or other
18    employee under whose direct supervision  the  employee  works
19    and shall include:
20             (1)  the name of the employee;
21             (2)  the  name  of  the  person  who  will  make the
22        reimbursement;
23             (3)  the time, place, and purpose of the travel; and
24             (4)  a  determination  that   the   travel   is   in
25        connection with the duties of the employee as an employee
26        and  would not create the appearance that the employee is
27        using public employment for private gain.
28        (d)  Each  disclosure  made  under  subsection   (a)   of
29    expenses  reimbursed  or  to be reimbursed shall be signed by
30    the member, officer, or judge (in the case of travel  by  the
31    member,  officer, or judge) or by the member, officer, judge,
32    or other employee under whose direct supervision the employee
33    works (in the case  of  travel  by  an  employee)  and  shall
34    include:
 
                            -14-     LRB093 07631 BDD 07810 b
 1             (1)  a  good  faith estimate of total transportation
 2        expenses reimbursed or to be reimbursed;
 3             (2)  a good faith estimate of total lodging expenses
 4        reimbursed or to be reimbursed;
 5             (3)  a good faith estimate of  total  meal  expenses
 6        reimbursed or to be reimbursed;
 7             (4)  a  good  faith  estimate  of the total of other
 8        expenses reimbursed or to be reimbursed; and
 9             (5)  a determination that  all  those  expenses  are
10        necessary transportation, lodging, and related expenses.
11    (Source: P.A. 90-737, eff. 1-1-99.)

12        (5 ILCS 425/35)
13        Sec.  35.  Ethics  Officer.  Each officer and the head of
14    each governmental entity shall designate  an  Ethics  Officer
15    for  the  office  or governmental entity. For the legislative
16    branch, the President and Minority Leader of the  Senate  and
17    the   Speaker   and   Minority   Leader   of   the  House  of
18    Representatives shall each appoint an ethics officer for  the
19    legislative members of their political party. Ethics Officers
20    shall:
21             (1)  review  statements  of  economic  interest  and
22        disclosure  forms  of  members,  officers, judges, senior
23        employees, and contract monitors before  they  are  filed
24        with the  Secretary of State; and
25             (2)  provide  guidance  to  members,  officers,  and
26        employees,   and   judges   in   the  interpretation  and
27        implementation of this Act. Such guidance shall be based,
28        wherever possible, upon the findings and opinions of  the
29        related Ethics Commission.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (5 ILCS 425/45)
32        Sec. 45.  Ethics Commissions.
 
                            -15-     LRB093 07631 BDD 07810 b
 1        (a)  Ethics  Commissions  are created for the branches of
 2    government  as  provided  in  this   Section.   The   initial
 3    appointments  to each commission shall be made within 60 days
 4    after  the  effective  date  of  this  Act.   The  appointing
 5    authorities shall appoint commissioners who  have  experience
 6    holding  governmental  office or employment and shall appoint
 7    commissioners from the general  public  or  from  within  the
 8    appointing  authority's  branch  of government. No appointing
 9    authority shall appoint anyone who has been  convicted  of  a
10    felony  or  anyone who is actively engaged in activities that
11    qualify them as a "prohibited source" under Section 10 of the
12    Gift Ban Act (ILCS 425/10).  Nor shall any  executive  branch
13    appointing authority appoint more than 2 people who have been
14    engaged  in  activities  that  qualify  them as a "prohibited
15    source" under Section 10 of the State Gift Ban Act during the
16    preceding  12  months.   Nor  shall  any  legislative  branch
17    appointing authority appoint more than  one  person  who  has
18    been  engaged  in  activities  that  qualify that person as a
19    "prohibited source" under Section 10 of the  State  Gift  Ban
20    Act  during  the preceding 12 months. With respect to each of
21    the ethics commissions designated in  item  items  (1),  (2),
22    (3),  (4),  and (5), no more than 4 of the 7 appointees shall
23    be  of  the  same  political  party.   The  appointee   shall
24    establish  his  or  her political party affiliation by his or
25    her last record of voting in a party primary election.
26             (1)  For the  ethics  commission  of  the  executive
27        branch,  there  shall  be 8 commissioners, 4 appointed by
28        the Governor and 4 appointed by the next highest  ranking
29        statewide  constitutional  officer who is not of the same
30        political  party  as  the  Governor.   If  all  statewide
31        constitutional officers are of the same political  party,
32        then  members  appointed  to  represent another political
33        party must be confirmed by a three-fifths majority of the
34        Senate. This ethics commission  shall  have  jurisdiction
 
                            -16-     LRB093 07631 BDD 07810 b
 1        over all of the executive branch of State government. For
 2        the  ethics  commission  of the Governor there shall be 7
 3        commissioners appointed  by  the  Governor.  This  ethics
 4        commission  shall  have  jurisdiction  over  all  of  the
 5        executive  branch of State government except the officers
 6        specified in items (2),  (3),  (4),  and  (5)  and  their
 7        employees.
 8             (2)  (Blank).  For  the  ethics  commission  of  the
 9        Attorney General there shall be 7 commissioners appointed
10        by the Attorney General.
11             (3)  (Blank).  For  the  ethics  commission  of  the
12        Secretary   of  State  there  shall  be  7  commissioners
13        appointed by the Secretary of State.
14             (4)  (Blank).  For  the  ethics  commission  of  the
15        Comptroller there shall be 7 commissioners  appointed  by
16        the Comptroller.
17             (5)  (Blank).  For  the  ethics  commission  of  the
18        Treasurer there shall be 7 commissioners appointed by the
19        Treasurer.
20             (6)  For  the  ethics  commission of the legislative
21        branch there shall be 8 commissioners.  The  Speaker  and
22        the  Minority  Leader of the House of Representatives and
23        the President and the Minority Leader of the Senate shall
24        each appoint 2 commissioners.
25             (7)  For  the  ethics  commission  of  the  judicial
26        branch there shall be 6 commissioners.  The Chief Justice
27        of the Supreme Court shall appoint the commissioners with
28        the concurrence of 3 other Supreme Court Judges.
29        (b)  At the first meeting of each commission, the initial
30    appointees  shall  draw  lots  to  divide  into   2   groups.
31    Commissioners  of  the  first group shall serve 2-year terms,
32    and commissioners of the second group  shall  serve  one-year
33    terms.  Thereafter commissioners shall be appointed to 2-year
34    terms.  Commissioners  may be reappointed to serve subsequent
 
                            -17-     LRB093 07631 BDD 07810 b
 1    terms.
 2        (c)  The respective appointing authority  or  authorities
 3    may  remove  a  commissioner  appointed  by that authority or
 4    those authorities in case of incompetency, neglect  of  duty,
 5    or malfeasance in office after service on the commissioner by
 6    certified  mail,  return  receipt requested, of a copy of the
 7    written charges against the commissioner and  an  opportunity
 8    to  be  heard  in  person or by counsel upon not less than 10
 9    days' notice. Vacancies shall be filled  by  the  appropriate
10    appointing  authority  or  authorities in accordance with the
11    procedures in subsection (a).
12        (d)  Each commission must meet, either in  person  or  by
13    telephone,  at  least  once  per month. Each commission shall
14    meet as often as necessary to perform its duties. Except  for
15    the  ethics  commission  for  the  legislative branch, At the
16    first meeting of the executive  branch  each  commission  the
17    commissioners  shall  choose a chairperson from their number.
18    For the ethics commission for  the  legislative  branch,  the
19    President  of  the  Senate  and  whichever  of the Speaker or
20    Minority Leader of the House is of the same  political  party
21    as  the  President  shall  jointly  designate  one  member as
22    co-chair; the  other  2  legislative  leaders  shall  jointly
23    designate  the  other co-chair. Meetings shall be held at the
24    call of the chairperson or  any  2  commissioners.   Official
25    action  by  the commission shall require the affirmative vote
26    of the number of commissioners provided in  this  subsection,
27    and  a  quorum  shall  consist of the number of commissioners
28    provided in this  subsection.  The  number  of  commissioners
29    required for a quorum and the affirmative vote of each ethics
30    commission  shall  be as follows: for the executive branch, 5
31    Governor, 4; for the Attorney General, 4; for  the  Secretary
32    of  State,  4;  for the Treasurer, 4; for the Comptroller, 4;
33    for the legislative branch, 5; for the  judicial  branch,  4.
34    Commissioners may be reimbursed for their reasonable expenses
 
                            -18-     LRB093 07631 BDD 07810 b
 1    actually incurred in the performance of their duties.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        (5 ILCS 425/55)
 4        Sec.  55.  Powers and duties.  Each commission shall have
 5    the following powers and duties:
 6        (1)  To promulgate procedures  and  rules  governing  the
 7    performance  of  its  duties  and the exercise of its powers.
 8    Rules defining "a meeting to conduct State  business",  rules
 9    concerning   the  disclosure  of  reimbursements,  and  rules
10    concerning where a complaint under Section 60 must  be  filed
11    must  be  adopted  as  soon  as possible, but in any case, no
12    later  than  120  days  after  the  effective  date  of  this
13    amendatory Act of the 93rd General Assembly.  The commissions
14    may adopt emergency rules under Section 5-45 of the  Illinois
15    Administrative Procedure Act.
16        (2)  Upon   receipt   of  a  signed,  notarized,  written
17    complaint, to investigate, conduct research,  conduct  closed
18    hearings and deliberations, issue recommendations, and impose
19    a fine.
20        (3)  To  act only upon the receipt of a written complaint
21    alleging  a  violation  of  the  Acts  over  which   it   has
22    jurisdiction of this Act and not upon its own prerogative.
23        (4)  To receive information from the public pertaining to
24    its  investigations and to require additional information and
25    documents from persons who may have violated  the  Acts  over
26    which it has jurisdiction this Act.
27        (5)  To  subpoena  witnesses and compel the production of
28    books and papers pertinent to an investigation authorized  by
29    the Acts over which it has jurisdiction this Act.
30        (6)  To  request  that the Attorney General provide legal
31    advice without charge to the commission.
32        (7)  To prepare and publish manuals and guides explaining
33    the duties of individuals under its jurisdiction  covered  by
 
                            -19-     LRB093 07631 BDD 07810 b
 1    this Act.
 2        (8)  To   prepare   public   information   materials   to
 3    facilitate compliance, implementation, and enforcement of the
 4    Acts over which it has jurisdiction this Act.
 5        (9)  To   submit   to   each   commissioner's  respective
 6    appointing authority or  authorities  an  annual  statistical
 7    report  for  each  year  consisting  of  (i)  the  number  of
 8    complaints  filed,  (ii)  the  number of complaints deemed to
 9    sufficiently allege  a  violation  of  this  Act,  (iii)  the
10    recommendation,  fine, or decision issued for each complaint,
11    (iv) the number of complaints resolved, and (v) the status of
12    pending complaints.
13        (10)  To make rulings  and  issue  advisory  opinions  in
14    connection  with the implementation and interpretation of the
15    Acts over which it has jurisdiction.
16        The powers and duties of  a  commission  are  limited  to
17    matters  clearly within the purview of the Acts over which it
18    has jurisdiction. The Ethics Commissions may address  matters
19    arising under the Gift Ban Act, the State Employees Political
20    Activity Act, General Assembly Staff Assistants Act, Illinois
21    Governmental  Ethics Act, and those Sections of the Elections
22    Code dealing with prohibited solicitations by  certain  State
23    officials,  employees,  and  appointees;  prohibited offer or
24    promise, contributions on State property, and  disclosure  on
25    political  literature; those Sections of the Procurement Code
26    dealing with revolving door  prohibition;  and  the  Criminal
27    Code dealing with solicitation misconduct this Act.
28    (Source: P.A. 90-737, eff. 1-1-99.)

29        (5 ILCS 425/60)
30        Sec. 60.  Complaint procedure.
31        (a)  Complaints  alleging the violation of this Act shall
32    be filed with the appropriate ethics commission as follows:
33             (1)  If the complaint  alleges  a  violation  by  an
 
                            -20-     LRB093 07631 BDD 07810 b
 1        officer  or  employee  of  the  executive branch of State
 2        government,  then  the  complaint  shall  be  filed,   as
 3        provided  by  rule, with the executive branch appropriate
 4        ethics commission within the executive branch.
 5             (2)  (Blank). If the complaint alleges  a  violation
 6        by  a  judge  or  employee  of  the  judicial  branch  of
 7        government,  then  the  complaint shall be filed with the
 8        judicial ethics commission.
 9             (3)  If the  complaint  alleges  a  violation  by  a
10        member  or  employee  of  the legislative branch of State
11        government or any employee not included within paragraphs
12        (1) or  (2),  then  the  complaint  shall  be  filed,  as
13        provided by rule, with the legislative ethics commission.
14             (4)  If  an  ethics  commission receives a complaint
15        that  raises   allegations   about   people   under   the
16        jurisdiction  of  the  other  ethics commission, it shall
17        transmit that complaint to the other ethics commission.
18        Any complaint received  by  or  incident  reported  to  a
19    member,  officer,  employee,  judge,  or  governmental entity
20    alleging the violation of this Act shall be forwarded to  the
21    appropriate  commission.  The complaint shall not be properly
22    filed until submitted to the appropriate commission.
23        (b)  Within 3 business  days  after  the  receipt  of  an
24    ethics  complaint,  the  commission  shall  send by certified
25    mail, return receipt requested, a notice  to  the  respondent
26    that a complaint has been filed against him or her and a copy
27    of  the  complaint.  The  commission  shall send by certified
28    mail, return receipt requested, a confirmation of the receipt
29    of the complaint to the complainant within  3  business  days
30    after  the  submittal  to  the commission. The notices to the
31    respondent and the complainant shall also advise them of  the
32    date,  time,  and  place of the meeting on the sufficiency of
33    the complaint and probable cause.
34        (c)  Upon  at  least  24  hours'  public  notice  of  the
 
                            -21-     LRB093 07631 BDD 07810 b
 1    session, the commission shall meet, either in  person  or  by
 2    telephone,  in  a closed session to review the sufficiency of
 3    the complaint and, if the complaint is deemed to sufficiently
 4    allege a violation of this Act,  to  determine  if  there  is
 5    probable   cause,   based   on   evidence  presented  by  the
 6    complainant, to proceed.  The commission shall  issue  notice
 7    to  the  complainant  and  the respondent of the commission's
 8    ruling on the sufficiency of the complaint and, if necessary,
 9    on probable cause within 7 business days after receiving  the
10    complaint.  If the complaint is deemed to sufficiently allege
11    a  violation  of  this  Act  and  there is a determination of
12    probable cause, then the commission's notice to  the  parties
13    shall  include  a hearing date scheduled within 4 weeks after
14    the complaint's receipt.  If the complaint is deemed  not  to
15    sufficiently   allege   a   violation   or  if  there  is  no
16    determination of probable cause, then  the  commission  shall
17    send by certified mail, return receipt requested, a notice to
18    the  parties  of  the  decision to dismiss the complaint, and
19    that notice shall be made public.
20        (d)  On the scheduled date and upon at  least  24  hours'
21    public  notice of the meeting, the commission shall conduct a
22    closed meeting, either in person  or  by  telephone,  on  the
23    complaint  and  allow both parties the opportunity to present
24    testimony and evidence.
25        (e)  Within 6 weeks after the  complaint's  receipt,  the
26    commission  shall  (i)  dismiss the complaint or (ii) issue a
27    preliminary recommendation to the alleged violator and to the
28    violator's ultimate jurisdictional authority or impose a fine
29    upon the violator, or both. The particular  findings  in  the
30    instant  case,  the  preliminary recommendation, and any fine
31    shall be made public.
32        (f)  Within 7 business days after  the  issuance  of  the
33    preliminary  recommendation or imposition of a fine, or both,
34    the respondent may file a written demand for a public hearing
 
                            -22-     LRB093 07631 BDD 07810 b
 1    on the complaint.  The filing of the demand  shall  stay  the
 2    enforcement   of  the  preliminary  recommendation  or  fine.
 3    Within 2 weeks after receiving  the  demand,  the  commission
 4    shall  conduct  a  public  hearing  on the complaint after at
 5    least 24 hours' public notice of the hearing and  allow  both
 6    parties  the  opportunity  to present testimony and evidence.
 7    Within 5 business days, the commission shall publicly issue a
 8    final recommendation to  the  alleged  violator  and  to  the
 9    violator's ultimate jurisdictional authority or impose a fine
10    upon the violator, or both.
11        (g)  If a complaint is filed during the 60 days preceding
12    the  date  of  any  election  at  which  the  respondent is a
13    candidate,  the  commission  shall  render  its  decision  as
14    required  under  subsection  (e)  within  7  days  after  the
15    complaint is filed, and during  the  7  days  preceding  that
16    election,  the  commission  shall render such decision before
17    the date of that election, if possible.
18        (h)  A commission may levy a fine of up to $5,000 against
19    any person who knowingly files a frivolous complaint alleging
20    a violation of this Act.
21        (i)  A complaint alleging the violation of this Act  must
22    be filed within one year after the alleged violation.
23        (j)  The  parties  to a proceeding under this Section may
24    agree to extend any of the deadlines imposed by this Section.
25    (Source: P.A. 90-737, eff. 1-1-99.)

26        (5 ILCS 425/80)
27        Sec. 80. Exemption.  Documents  generated  by  an  ethics
28    officer  under this Act are exempt from the provisions of the
29    Freedom  of  Information  Act.   Any  complaint  and  related
30    documents filed with an ethics commission  under  Section  60
31    are  exempt from the provisions of the Freedom of Information
32    Act so long as no finding of probable cause under  subsection
33    (c)  of  Section  60  has  been  made  by the commission with
 
                            -23-     LRB093 07631 BDD 07810 b
 1    respect to that complaint. Meetings of an  ethics  commission
 2    under  subsection  (c)  of  Section  60  are  exempt from the
 3    provisions  of  the  Open  Meetings  Act.   The   proceedings
 4    conducted  and  documents generated under this Act are exempt
 5    from the provisions of the Open Meetings Act and the  Freedom
 6    of Information Act.
 7    (Source: P.A. 90-737, eff. 1-1-99.)

 8        (5 ILCS 425/83)
 9        Sec.  83.   Units  of local government; school districts.
10    (Blank). Within 6 months after the  effective  date  of  this
11    Act,  units  of local government, home rule units, and school
12    districts shall prohibit the solicitation and  acceptance  of
13    gifts,  and  shall  enforce  those  prohibitions, in a manner
14    substantially in accordance with the requirements of this Act
15    and shall adopt  provisions  no  less  restrictive  than  the
16    provisions  of  this  Act.  Non-salaried appointed or elected
17    officials may be exempted.
18    (Source: P.A. 90-737, eff. 1-1-99.)

19        (5 ILCS 425/85)
20        Sec. 85.  Home rule preemption.   (Blank).  A  home  rule
21    unit  may  not  regulate the prohibition of gifts to members,
22    officers, employees, or judges or the  enforcement  of  these
23    provisions  in  a  manner  inconsistent  with this Act.  This
24    Section is a limitation under subsection (i) of Section 6  of
25    Article  VII  of  the Illinois Constitution on the concurrent
26    exercise by home rule units of powers and functions exercised
27    by the State.
28    (Source: P.A. 90-737, eff. 1-1-99.)

29        (5 ILCS 425/95)
30        Sec. 95.  Effect on  Executive  Order  or  similar  rule.
31    This  Act  supersedes  the ethics reforms provided for in (i)
 
                            -24-     LRB093 07631 BDD 07810 b
 1    Part I (Ban On  Gifts  To  State  Employees  From  Prohibited
 2    Sources)  contained  in Executive Order No. 2 (1997) and (ii)
 3    any  other  executive,  administrative,  or  similar   order,
 4    policy,  or  rule  promulgated  by an officer, member, judge,
 5    employee, or governmental entity that conflicts  with  or  is
 6    less restrictive than this Act.
 7    (Source: P.A. 90-737, eff. 1-1-99.)

 8        Section 10.  The Open Meetings Act is amended by changing
 9    Section 1.02 as follows:

10        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
11        Sec. 1.02.  For the purposes of this Act:
12        "Meeting"  means  any gathering of a majority of a quorum
13    of the members of a public  body  held  for  the  purpose  of
14    discussing public business.
15        "Public   body"   includes  all  legislative,  executive,
16    administrative or advisory bodies  of  the  State,  counties,
17    townships,   cities,  villages,  incorporated  towns,  school
18    districts  and  all  other  municipal  corporations,  boards,
19    bureaus, committees or commissions of  this  State,  and  any
20    subsidiary  bodies  of any of the foregoing including but not
21    limited to committees and subcommittees which  are  supported
22    in  whole  or  in  part  by  tax revenue, or which expend tax
23    revenue,  except  the  General  Assembly  and  committees  or
24    commissions thereof. "Public body"  includes  tourism  boards
25    and  convention  or  civic  center boards located in counties
26    that are contiguous to the Mississippi River with populations
27    of more than 250,000 but less than  300,000.   "Public  body"
28    includes the Health Facilities Planning Board.  "Public body"
29    does  not  include  a child death review team or the Illinois
30    Child Death Review Teams Executive Council established  under
31    the  Child  Death  Review  Team  Act or an ethics commission,
32    ethics officer, or ultimate jurisdictional  authority  acting
 
                            -25-     LRB093 07631 BDD 07810 b
 1    under  the  State  Gift  Ban Act as provided by Section 80 of
 2    that Act.
 3    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

 4        Section 15.  The Freedom of Information Act is amended by
 5    changing Section 7 as follows:

 6        (5 ILCS 140/7) (from Ch. 116, par. 207)
 7        Sec. 7.  Exemptions.
 8        (1)  The following shall be exempt  from  inspection  and
 9    copying:
10             (a)  Information    specifically   prohibited   from
11        disclosure  by  federal  or  State  law  or   rules   and
12        regulations adopted under federal or State law.
13             (b)  Information    that,    if   disclosed,   would
14        constitute a clearly  unwarranted  invasion  of  personal
15        privacy, unless the disclosure is consented to in writing
16        by  the  individual  subjects  of  the  information.  The
17        disclosure of information that bears on the public duties
18        of public employees and officials, such  as  time  sheets
19        for  the  time  spent  working  as  a  public employee or
20        official or applications for reimbursement  for  expenses
21        incurred  in  the  course of State business, shall not be
22        considered an invasion of personal privacy.   Information
23        exempted  under  this subsection (b) shall include but is
24        not limited to:
25                  (i)  files and personal information  maintained
26             with   respect   to  clients,  patients,  residents,
27             students  or  other  individuals  receiving  social,
28             medical,   educational,    vocational,    financial,
29             supervisory  or  custodial care or services directly
30             or  indirectly  from  federal  agencies  or   public
31             bodies;
32                  (ii)  personnel  files and personal information
 
                            -26-     LRB093 07631 BDD 07810 b
 1             maintained with respect to employees, appointees  or
 2             elected  officials  of any public body or applicants
 3             for those positions;
 4                  (iii)  files    and    personal     information
 5             maintained with respect to any applicant, registrant
 6             or  licensee  by any public body cooperating with or
 7             engaged    in    professional    or     occupational
 8             registration, licensure or discipline;
 9                  (iv)  information  required  of any taxpayer in
10             connection with the assessment or collection of  any
11             tax unless disclosure is otherwise required by State
12             statute; and
13                  (v)  information   revealing  the  identity  of
14             persons  who  file  complaints   with   or   provide
15             information  to  administrative,  investigative, law
16             enforcement or penal  agencies;  provided,  however,
17             that   identification   of   witnesses   to  traffic
18             accidents,  traffic  accident  reports,  and  rescue
19             reports  may  be  provided  by  agencies  of   local
20             government,  except  in  a case for which a criminal
21             investigation is  ongoing,  without  constituting  a
22             clearly  unwarranted   per  se  invasion of personal
23             privacy under this subsection.
24             (c)  Records  compiled  by  any  public   body   for
25        administrative   enforcement   proceedings  and  any  law
26        enforcement or correctional agency  for  law  enforcement
27        purposes  or  for  internal matters of a public body, but
28        only to the extent that disclosure would:
29                  (i)  interfere with  pending  or  actually  and
30             reasonably  contemplated law enforcement proceedings
31             conducted by any  law  enforcement  or  correctional
32             agency;
33                  (ii)  interfere   with  pending  administrative
34             enforcement  proceedings  conducted  by  any  public
 
                            -27-     LRB093 07631 BDD 07810 b
 1             body;
 2                  (iii)  deprive a person of a fair trial  or  an
 3             impartial hearing;
 4                  (iv)  unavoidably  disclose  the  identity of a
 5             confidential  source  or  confidential   information
 6             furnished only by the confidential source;
 7                  (v)  disclose     unique     or     specialized
 8             investigative  techniques other than those generally
 9             used and known or  disclose  internal  documents  of
10             correctional    agencies   related   to   detection,
11             observation or investigation of incidents  of  crime
12             or misconduct;
13                  (vi)  constitute   an   invasion   of  personal
14             privacy under subsection (b) of this Section;
15                  (vii)  endanger the life or physical safety  of
16             law enforcement personnel or any other person; or
17                  (viii)  obstruct     an     ongoing    criminal
18             investigation.
19             (d)  Criminal history record information  maintained
20        by  State  or local criminal justice agencies, except the
21        following which shall be open for public  inspection  and
22        copying:
23                  (i)  chronologically      maintained     arrest
24             information, such  as  traditional  arrest  logs  or
25             blotters;
26                  (ii)  the  name of a person in the custody of a
27             law enforcement agency and  the  charges  for  which
28             that person is being held;
29                  (iii)  court records that are public;
30                  (iv)  records   that  are  otherwise  available
31             under State or local law; or
32                  (v)  records in which the requesting  party  is
33             the  individual identified, except as provided under
34             part (vii) of paragraph (c)  of  subsection  (1)  of
 
                            -28-     LRB093 07631 BDD 07810 b
 1             this Section.
 2             "Criminal  history  record  information"  means data
 3        identifiable  to  an   individual   and   consisting   of
 4        descriptions   or   notations   of  arrests,  detentions,
 5        indictments, informations, pre-trial proceedings, trials,
 6        or other formal events in the criminal justice system  or
 7        descriptions  or notations of criminal charges (including
 8        criminal violations of local  municipal  ordinances)  and
 9        the   nature   of   any  disposition  arising  therefrom,
10        including sentencing, court or correctional  supervision,
11        rehabilitation  and  release.  The term does not apply to
12        statistical records and reports in which individuals  are
13        not  identified  and  from which their identities are not
14        ascertainable, or to information  that  is  for  criminal
15        investigative or intelligence purposes.
16             (e)  Records  that  relate to or affect the security
17        of correctional institutions and detention facilities.
18             (f)  Preliminary  drafts,  notes,   recommendations,
19        memoranda   and  other  records  in  which  opinions  are
20        expressed, or policies or actions are formulated,  except
21        that  a  specific  record or relevant portion of a record
22        shall not be exempt when the record is publicly cited and
23        identified by the head of the public body. The  exemption
24        provided  in  this  paragraph  (f)  extends  to all those
25        records of officers and agencies of the General  Assembly
26        that pertain to the preparation of legislative documents.
27             (g)  Trade   secrets  and  commercial  or  financial
28        information obtained from a person or business where  the
29        trade  secrets or information are proprietary, privileged
30        or confidential, or where disclosure of the trade secrets
31        or information may cause competitive harm, including  all
32        information  determined  to be confidential under Section
33        4002 of the Technology Advancement and  Development  Act.
34        Nothing   contained   in  this  paragraph  (g)  shall  be
 
                            -29-     LRB093 07631 BDD 07810 b
 1        construed to prevent a person or business from consenting
 2        to disclosure.
 3             (h)  Proposals and bids for any contract, grant,  or
 4        agreement,   including   information  which  if  it  were
 5        disclosed  would  frustrate  procurement   or   give   an
 6        advantage  to  any  person  proposing  to  enter  into  a
 7        contractor  agreement  with  the  body, until an award or
 8        final selection is made.  Information prepared by or  for
 9        the  body  in  preparation of a bid solicitation shall be
10        exempt until an award or final selection is made.
11             (i)  Valuable formulae, computer geographic systems,
12        designs, drawings and research data obtained or  produced
13        by  any  public  body when disclosure could reasonably be
14        expected to produce private gain or public loss.
15             (j)  Test  questions,   scoring   keys   and   other
16        examination   data   used   to   administer  an  academic
17        examination  or  determined  the  qualifications  of   an
18        applicant for a license or employment.
19             (k)  Architects'   plans  and  engineers'  technical
20        submissions for projects not constructed or developed  in
21        whole  or  in  part  with  public  funds and for projects
22        constructed or developed with public funds, to the extent
23        that disclosure would compromise security.
24             (l)  Library   circulation   and    order    records
25        identifying library users with specific materials.
26             (m)  Minutes  of meetings of public bodies closed to
27        the public as provided in the Open Meetings Act until the
28        public body makes the minutes  available  to  the  public
29        under Section 2.06 of the Open Meetings Act.
30             (n)  Communications  between  a  public  body and an
31        attorney or auditor representing  the  public  body  that
32        would  not  be  subject  to  discovery in litigation, and
33        materials prepared or compiled by or for a public body in
34        anticipation  of  a  criminal,  civil  or  administrative
 
                            -30-     LRB093 07631 BDD 07810 b
 1        proceeding upon the request of an attorney  advising  the
 2        public  body,  and  materials  prepared  or compiled with
 3        respect to internal audits of public bodies.
 4             (o)  Information received by a primary or  secondary
 5        school,  college  or  university under its procedures for
 6        the evaluation  of  faculty  members  by  their  academic
 7        peers.
 8             (p)  Administrative    or    technical   information
 9        associated with  automated  data  processing  operations,
10        including   but   not   limited  to  software,  operating
11        protocols,  computer  program  abstracts,  file  layouts,
12        source  listings,  object  modules,  load  modules,  user
13        guides,  documentation  pertaining  to  all  logical  and
14        physical  design  of   computerized   systems,   employee
15        manuals,  and  any  other information that, if disclosed,
16        would jeopardize the security of the system or  its  data
17        or the security of materials exempt under this Section.
18             (q)  Documents  or  materials relating to collective
19        negotiating  matters  between  public  bodies  and  their
20        employees  or  representatives,  except  that  any  final
21        contract or agreement shall be subject to inspection  and
22        copying.
23             (r)  Drafts,  notes,  recommendations  and memoranda
24        pertaining to the financing and marketing transactions of
25        the public body. The records of ownership,  registration,
26        transfer, and exchange of municipal debt obligations, and
27        of   persons  to  whom  payment  with  respect  to  these
28        obligations is made.
29             (s)  The records, documents and information relating
30        to  real  estate  purchase   negotiations   until   those
31        negotiations have been completed or otherwise terminated.
32        With regard to a parcel involved in a pending or actually
33        and  reasonably  contemplated  eminent  domain proceeding
34        under  Article  VII  of  the  Code  of  Civil  Procedure,
 
                            -31-     LRB093 07631 BDD 07810 b
 1        records,  documents  and  information  relating  to  that
 2        parcel shall be exempt except as  may  be  allowed  under
 3        discovery  rules  adopted  by the Illinois Supreme Court.
 4        The records, documents and information relating to a real
 5        estate sale shall be exempt until a sale is consummated.
 6             (t)  Any and all proprietary information and records
 7        related to the operation  of  an  intergovernmental  risk
 8        management  association or self-insurance pool or jointly
 9        self-administered  health  and  accident  cooperative  or
10        pool.
11             (u)  Information    concerning    a     university's
12        adjudication   of   student   or  employee  grievance  or
13        disciplinary cases, to the extent that  disclosure  would
14        reveal  the  identity  of  the  student  or  employee and
15        information concerning any public body's adjudication  of
16        student  or  employee  grievances  or disciplinary cases,
17        except for the final outcome of the cases.
18             (v)  Course materials or research materials used  by
19        faculty members.
20             (w)  Information  related  solely  to  the  internal
21        personnel rules and practices of a public body.
22             (x)  Information   contained   in   or   related  to
23        examination, operating, or condition reports prepared by,
24        on behalf of, or for the use of a public body responsible
25        for  the   regulation   or   supervision   of   financial
26        institutions or insurance companies, unless disclosure is
27        otherwise required by State law.
28             (y)  Information   the   disclosure   of   which  is
29        restricted under Section 5-108 of  the  Public  Utilities
30        Act.
31             (z)  Manuals  or instruction to staff that relate to
32        establishment or collection of liability  for  any  State
33        tax  or that relate to investigations by a public body to
34        determine violation of any criminal law.
 
                            -32-     LRB093 07631 BDD 07810 b
 1             (aa)  Applications, related documents,  and  medical
 2        records    received    by    the    Experimental    Organ
 3        Transplantation   Procedures   Board   and  any  and  all
 4        documents or other records prepared by  the  Experimental
 5        Organ  Transplantation  Procedures  Board  or  its  staff
 6        relating to applications it has received.
 7             (bb)  Insurance  or  self  insurance  (including any
 8        intergovernmental risk  management  association  or  self
 9        insurance   pool)   claims,   loss   or  risk  management
10        information, records, data, advice or communications.
11             (cc)  Information and records held by the Department
12        of  Public  Health  and  its  authorized  representatives
13        relating  to  known  or  suspected  cases   of   sexually
14        transmissible  disease  or any information the disclosure
15        of  which  is  restricted  under  the  Illinois  Sexually
16        Transmissible Disease Control Act.
17             (dd)  Information  the  disclosure   of   which   is
18        exempted under Section 30 of the Radon Industry Licensing
19        Act.
20             (ee)  Firm  performance evaluations under Section 55
21        of the Architectural,  Engineering,  and  Land  Surveying
22        Qualifications Based Selection Act.
23             (ff)  Security  portions  of  system  safety program
24        plans, investigation reports, surveys, schedules,  lists,
25        data,  or information compiled, collected, or prepared by
26        or  for  the  Regional  Transportation  Authority   under
27        Section 2.11 of the Regional Transportation Authority Act
28        or  the  St.  Clair  County  Transit  District  under the
29        Bi-State Transit Safety Act.
30             (gg)  Information  the  disclosure   of   which   is
31        restricted  and exempted under Section 50 of the Illinois
32        Prepaid Tuition Act.
33             (hh)  Information  the  disclosure   of   which   is
34        exempted under Section 80 of the State Gift Ban Act.
 
                            -33-     LRB093 07631 BDD 07810 b
 1             (ii)  Beginning July 1, 1999, information that would
 2        disclose  or  might  lead  to the disclosure of secret or
 3        confidential information, codes, algorithms, programs, or
 4        private keys intended to be used to create electronic  or
 5        digital signatures under the Electronic Commerce Security
 6        Act.
 7             (jj)  Information  contained  in  a  local emergency
 8        energy plan submitted to  a  municipality  in  accordance
 9        with  a  local  emergency  energy  plan ordinance that is
10        adopted under Section 11-21.5-5 of the Illinois Municipal
11        Code.
12             (kk)  Information   and    data    concerning    the
13        distribution  of  surcharge moneys collected and remitted
14        by  wireless  carriers  under  the   Wireless   Emergency
15        Telephone Safety Act.
16        (2)  This  Section  does  not  authorize  withholding  of
17    information  or  limit  the  availability  of  records to the
18    public,  except  as  stated  in  this  Section  or  otherwise
19    provided in this Act.
20    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
21    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
22    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
23    eff. 7-11-02.)

24        Section  25.  The  Election  Code  is amended by changing
25    Sections 9-1.5, 9-1.7,  9-1.8,  9-3,  9-8.15,  and  9-10  and
26    adding Sections 9-1.5-5, 9-8.5, and 9-8.7 as follows:

27        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
28        Sec. 9-1.5.  "Expenditure" means-
29        (1)  A  payment,  distribution,  purchase, loan, advance,
30    deposit, or gift of money or anything of value, in connection
31    with the nomination for election, or election, of any  person
32    to  public  office,  in  connection  with the election of any
 
                            -34-     LRB093 07631 BDD 07810 b
 1    person as  ward  or  township  committeeman  in  counties  of
 2    3,000,000  or  more  population,  or  in  connection with any
 3    question of public policy.   However,  expenditure  does  not
 4    include:
 5             (a)  the  use  of  real or personal property and the
 6        cost of invitations,  food,  and  beverages,  voluntarily
 7        provided by an individual in rendering voluntary personal
 8        services  on  the  individual's  residential premises for
 9        candidate-related activities; provided the value  of  the
10        service  provided does not exceed an aggregate of $150 in
11        a reporting period; or
12             (b)  the sale of any food or beverage  by  a  vendor
13        for  use  in a candidate's campaign at a charge less than
14        the normal comparable charge, if such charge for use in a
15        candidate's campaign is at least equal  to  the  cost  of
16        such food or beverage to the vendor.
17        (2)  A transfer of funds between political committees.
18        (3)  A payment for electioneering communications.
19    (Source: P.A. 89-405, eff. 11-8-95.)

20        (10 ILCS 5/9-1.5-5 new)
21        Sec.  9-1.5-5.  "Electioneering  Communication" means any
22    broadcast, cable, or satellite communication that refers to a
23    clearly identified candidate for public office, that is  made
24    within  60  days  before  a  general  election for the office
25    sought by the candidate or 30 days before a  general  primary
26    election  for the office sought by the candidate, and that is
27    broadcast to voters in the district where the candidate is on
28    the ballot.  "Electioneering communication" does not  include
29    a  communication  appearing  in  a news story, commentary, or
30    editorial included in the course of regularly scheduled  news
31    coverage  or  a  communication  that  constitutes a candidate
32    debate or forum.
 
                            -35-     LRB093 07631 BDD 07810 b
 1        (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
 2        Sec.  9-1.7.  "Local  political  committee"   means   the
 3    candidate  himself  or  any  individual,  trust, partnership,
 4    committee, association, corporation, or other organization or
 5    group of persons which:
 6             (a)  accepts  contributions  or  grants   or   makes
 7        expenditures  during  any 12-month period in an aggregate
 8        amount exceeding $3,000 on behalf of or in opposition  to
 9        a  candidate  or  candidates  for  public  office who are
10        required by the Illinois Governmental Ethics Act to  file
11        statements  of  economic interests with the county clerk,
12        or on behalf of  or  in  opposition  to  a  candidate  or
13        candidates for election to the office of ward or township
14        committeeman in counties of 3,000,000 or more population;
15             (b)  accepts  contributions  or  makes  expenditures
16        during   any  12-month  period  in  an  aggregate  amount
17        exceeding $3,000 in support of or in  opposition  to  any
18        question of public policy to be submitted to the electors
19        of an area encompassing no more than one county; or
20             (c)  accepts  contributions  or  makes  expenditures
21        during   any  12-month  period  in  an  aggregate  amount
22        exceeding $3,000 and  has  as  its  primary  purpose  the
23        furtherance  of governmental, political or social values,
24        is  organized  on  a  not-for-profit  basis,  and   which
25        publicly  endorses  or  publicly  opposes  a candidate or
26        candidates for public office  who  are  required  by  the
27        Illinois  Governmental  Ethics  Act to file statements of
28        economic interest with the County Clerk or a candidate or
29        candidates  for  the   office   of   ward   or   township
30        committeeman in counties of 3,000,000 or more population;
31        or
32             (d)  accepts  contributions  or  makes  expenditures
33        during   any  12-month  period  in  an  aggregate  amount
34        exceeding  $3,000  for  the  purpose  of   electioneering
 
                            -36-     LRB093 07631 BDD 07810 b
 1        communications.
 2    (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)

 3        (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
 4        Sec.   9-1.8.   "State  political  committee"  means  the
 5    candidate himself  or  any  individual,  trust,  partnership,
 6    committee,    association,    corporation,   or   any   other
 7    organization or group of persons which--
 8        (a)  accepts   contributions   or   grants    or    makes
 9    expenditures  during  any  12-month  period  in  an aggregate
10    amount exceeding $3,000 on behalf of or in  opposition  to  a
11    candidate or candidates for public office who are required by
12    the  Illinois  Governmental  Ethics Act to file statements of
13    economic interests with the Secretary of State,
14        (b)  accepts contributions or makes  expenditures  during
15    any  12-month  period in an aggregate amount exceeding $3,000
16    in support of or in opposition  to  any  question  of  public
17    policy   to   be   submitted  to  the  electors  of  an  area
18    encompassing more than one county, or
19        (c)  accepts contributions or makes  expenditures  during
20    any  12-month  period in an aggregate amount exceeding $3,000
21    and  has  as  its  primary   purpose   the   furtherance   of
22    governmental,  political  or social values, is organized on a
23    not-for-profit basis, and which publicly endorses or publicly
24    opposes a candidate or candidates for public office  who  are
25    required  by  the  Illinois  Governmental  Ethics Act to file
26    statements of economic interest with the Secretary of  State;
27    or
28        (d)  accepts  contributions  or makes expenditures during
29    any 12-month period in an aggregate amount  exceeding  $3,000
30    for the purpose of electioneering communications.
31    (Source: P.A. 90-737, eff. 1-1-99.)

32        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
 
                            -37-     LRB093 07631 BDD 07810 b
 1        Sec.  9-3.   Every  state  political  committee and every
 2    local political committee shall file with the State Board  of
 3    Elections,  and  every  local  political committee shall file
 4    with the county clerk, a statement of organization within  10
 5    business  days  of the creation of such committee, except any
 6    political committee created within  the  30  days  before  an
 7    election  shall  file  a  statement  of organization within 5
 8    business days.  A political committee that  acts  as  both  a
 9    state  political  committee  and  a local political committee
10    shall file a copy of each statement of organization with  the
11    State Board of Elections and  the county clerk.
12        The statement of organization shall include -
13        (a)  the name and address of the political committee (the
14    name  of the political committee must include the name of any
15    sponsoring entity);
16        (b)  the scope,  area  of  activity,  party  affiliation,
17    candidate  affiliation  and  his  county  of  residence,  and
18    purposes of the political committee;
19        (c)  the name, address, and position of each custodian of
20    the committee's books and accounts;
21        (d)  the  name,  address, and position of the committee's
22    principal officers, including the  chairman,  treasurer,  and
23    officers and members of its finance committee, if any;
24        (e)  (Blank);
25        (f)  a statement of what specific disposition of residual
26    fund  will  be  made  in  the  event  of  the  dissolution or
27    termination of the committee;
28        (g)  a  listing  of  all   banks   or   other   financial
29    institutions,   safety   deposit   boxes,   and   any   other
30    repositories or custodians of funds used by the committee;
31        (h)  the   amount   of   funds   available  for  campaign
32    expenditures  as  of  the  filing  date  of  the  committee's
33    statement of organization.
34        A political committee that acts as either (i) a state and
 
                            -38-     LRB093 07631 BDD 07810 b
 1    local political committee or (ii) a local political committee
 2    and that files reports electronically under Section  9-28  is
 3    not  required  to  file  a statement of organization with the
 4    appropriate county clerk if the county  clerk  has  a  system
 5    that  permits  access to, and duplication of, statements that
 6    are filed with the State Board of Elections.
 7        For purposes of this Section, a  "sponsoring  entity"  is
 8    (i)    any   person,   political   committee,   organization,
 9    corporation, or association that contributes at least 33%  of
10    the  total  funding  of  the  political committee or (ii) any
11    person or other entity that is registered or is  required  to
12    register  under the Lobbyist Registration Act and contributes
13    at least 33% of the total funding of the political committee.
14    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

15        (10 ILCS 5/9-8.5 new)
16        Sec. 9-8.5.  Prohibited solicitations  by  certain  State
17    officials,  employees,  and  appointees.  An executive branch
18    constitutional officer, his or her employees, or a  candidate
19    in  a  general  primary election or general election for that
20    constitutional office may not knowingly solicit contributions
21    from that constitutional officer's employees,  regardless  of
22    the  time,  place,  or  manner  of  solicitation  nor may the
23    officer, employee, or candidate ask such employees  to  raise
24    funds from others.
25        For   the  purpose  of  this  Section:  executive  branch
26    constitutional  officer  means   the   Governor,   Lieutenant
27    Governor,   Secretary   of  State,  Attorney  General,  State
28    Treasurer,  and  State  Comptroller;  and  employee  means  a
29    full-time  or  part-time  salaried  employee  or  a  salaried
30    appointee  of  any   office,   board,   commission,   agency,
31    department,  authority,  administrative  unit,  or  corporate
32    outgrowth under the jurisdiction of the applicable officer or
33    entity.
 
                            -39-     LRB093 07631 BDD 07810 b
 1        Violation   of   this  Section  constitutes  grounds  for
 2    disciplinary  action,  including   discharge,   against   the
 3    offending officer or employee to the extent permissible under
 4    the  Illinois  Constitution.   In  the  case  of an executive
 5    branch constitutional officer, violation of this Section  may
 6    constitute grounds for his or her impeachment.
 7        Nothing  in this Section prevents the making or accepting
 8    of voluntary contributions otherwise in accordance with law.

 9        (10 ILCS 5/9-8.7 new)
10        Sec. 9-8.7.  Prohibited offer or  promise.  An  executive
11    branch  constitutional  officer,  an employee of an executive
12    branch constitutional officer, or a candidate  in  a  general
13    primary  election or general election for an executive branch
14    constitutional office may  not  promise  anything  of  value,
15    including  but  not limited to positions in State government,
16    promotions, salary increases, or  preferential  treatment  of
17    any  type,  in  return  for  a  contribution  to  a political
18    committee, political party, or other entity that has  as  one
19    of  its  purposes  the  financial  support of a candidate for
20    elective office.
21        For  the  purpose  of  this  Section:   executive  branch
22    constitutional  officer  means   the   Governor,   Lieutenant
23    Governor,   Secretary   of  State,  Attorney  General,  State
24    Treasurer,  and  State  Comptroller;  and  employee  means  a
25    full-time  or  part-time  salaried  employee  or  a  salaried
26    appointee  of  any   office,   board,   commission,   agency,
27    department,  authority,  administrative  unit,  or  corporate
28    outgrowth under the jurisdiction of the applicable officer or
29    entity.
30        Violation   of   this  Section  constitutes  grounds  for
31    disciplinary  action,  including   discharge,   against   the
32    offending officer or employee to the extent permissible under
33    the  Illinois  Constitution.   In  the  case  of an executive
 
                            -40-     LRB093 07631 BDD 07810 b
 1    branch constitutional officer, violation of this Section  may
 2    constitute grounds for his or her impeachment.
 3        Nothing  in this Section prevents the making or accepting
 4    of voluntary contributions otherwise in accordance with law.

 5        (10 ILCS 5/9-8.10)
 6        Sec.  9-8.10.  Use  of  political  committee  and   other
 7    reporting organization funds.
 8        (a)  The funds of (i) a political committee controlled by
 9    an  officeholder  or  by  a candidate or (ii) an organization
10    subject to Section 9-7.5 may be used only for:
11             (1)  Expenditures that would not be included in base
12        income under Section 203 of the Illinois Income  Tax  Act
13        and the regulations promulgated under that Section.
14             (2)  Defraying  the  ordinary and necessary expenses
15        of an officeholder or candidate.   For  the  purposes  of
16        this  paragraph  (2),  "ordinary  and necessary expenses"
17        include, but are not limited to, expenses in relation  to
18        the  operation  of the district office of a member of the
19        General Assembly.
20             (3)  Donations to organizations exempt from taxation
21        under Section 170(c) of the Internal Revenue Code.
22             (4)  Transfers to  any  national,  State,  or  local
23        political  committee,  subject to the laws governing that
24        political   committee.   A   political   committee,    or
25        organization  subject  to  Section  9-7.5, shall not make
26        expenditures:
27             (1)  In violation of any law of the United States or
28        of this State.
29             (2)  Clearly in excess of the fair market  value  of
30        the  services, materials, facilities,  or other things of
31        value received in exchange.
32             (3)  For satisfaction  or  repayment  of  any  debts
33        other  than loans made to the  committee or to the public
 
                            -41-     LRB093 07631 BDD 07810 b
 1        official or candidate  on  behalf  of  the  committee  or
 2        repayment   of   goods  and  services  purchased  by  the
 3        committee under a  credit  agreement.   Nothing  in  this
 4        Section  authorizes  the  use  of campaign funds to repay
 5        personal loans.  The repayments shall be  made  by  check
 6        written  to  the  person  who  made  the  loan  or credit
 7        agreement.  The terms  and  conditions  of  any  loan  or
 8        credit  agreement  to a committee shall be set forth in a
 9        written agreement,  including  but  not  limited  to  the
10        method and amount of repayment, that shall be executed by
11        the chairman or treasurer of the committee at the time of
12        the  loan  or  credit  agreement.   The loan or agreement
13        shall also set forth the rate of interest for  the  loan,
14        if any, which may not substantially exceed the prevailing
15        market  interest  rate  at  the  time  the  agreement  is
16        executed.
17             (4)  For  the satisfaction or repayment of any debts
18        or for the payment of any expenses relating to a personal
19        residence. Campaign funds may not be used  as  collateral
20        for home mortgages.
21             (5)  For  clothing  or  personal  laundry  expenses,
22        except  clothing  items  rented by the public official or
23        candidate for his  or  her  own  use  exclusively  for  a
24        specific campaign-related event, provided that committees
25        may   purchase   costumes,   novelty   items,   or  other
26        accessories worn primarily to advertise the candidacy.
27             (6)  For the travel expenses of  any  person  unless
28        the  travel  is  necessary  for fulfillment of political,
29        governmental, or public  policy  duties,  activities,  or
30        purposes.
31             (7)  For   membership   or   club  dues  charged  by
32        organizations, clubs, or facilities  that  are  primarily
33        engaged  in  providing  health, exercise, or recreational
34        services; provided, however, that  funds  received  under
 
                            -42-     LRB093 07631 BDD 07810 b
 1        this  Article may be used to rent the clubs or facilities
 2        for a specific campaign-related event.
 3             (8)  In  payment  for  anything  of  value  or   for
 4        reimbursement of any expenditure for which any person has
 5        been  reimbursed by the State or any person. For purposes
 6        of  this  item  (8),  a  per  diem  allowance  is  not  a
 7        reimbursement.
 8             (9)  For the purchase of or installment payment  for
 9        a  motor  vehicle  unless  the  political  committee  can
10        demonstrate  that  purchase  of  a  motor vehicle is more
11        cost-effective than leasing a motor vehicle as  permitted
12        under  this item (9).  A political committee may lease or
13        purchase and insure, maintain, and repair a motor vehicle
14        if the  vehicle  will  be  used  primarily  for  campaign
15        purposes  or  for the performance of governmental duties.
16        A committee shall not make expenditures for  use  of  the
17        vehicle  for  non-campaign  or non-governmental purposes.
18        Persons using vehicles  not  purchased  or  leased  by  a
19        political  committee may be reimbursed for actual mileage
20        for the use of the vehicle for campaign purposes  or  for
21        the  performance  of  governmental  duties.   The mileage
22        reimbursements shall be made at a rate not to exceed  the
23        standard  mileage rate method for computation of business
24        expenses under the Internal Revenue Code.
25             (10)  Directly for an individual's tuition or  other
26        educational   expenses,   except   for   governmental  or
27        political purposes directly related to a  candidate's  or
28        public official's duties and responsibilities.
29             (11)  For payments to a public official or candidate
30        or  his  or her family member unless for compensation for
31        services actually rendered by that person.
32        The provisions of this Section item (11) do not apply  to
33    expenditures  by a political committee in an aggregate amount
34    not exceeding the amount of funds reported to  and  certified
 
                            -43-     LRB093 07631 BDD 07810 b
 1    by  the  State  Board or county clerk as available as of June
 2    30, 1998, in the  semi-annual  report  of  contributions  and
 3    expenditures  filed by the political committee for the period
 4    concluding June 30, 1998.
 5        (b)  The Board shall have the authority  to  investigate,
 6    upon  receipt  of  a  verified  complaint,  violations of the
 7    provisions of this Section.  The Board may levy a fine on any
 8    person who knowingly makes expenditures in violation of  this
 9    Section and on any person who knowingly makes a malicious and
10    false  accusation  of  a violation of this Section. The Board
11    may act under this subsection only upon the affirmative  vote
12    of at least 5 of its members.  The fine shall not exceed $500
13    for each expenditure of $500 or less and shall not exceed the
14    amount  of  the  expenditure  plus  $500 for each expenditure
15    greater than $500.  The Board shall also have  the  authority
16    to  render  rulings and issue opinions relating to compliance
17    with this Section.
18    (Source: P.A. 90-737, eff. 1-1-99.)

19        (10 ILCS 5/9-8.15)
20        Sec.   9-8.15.    Contributions   on   State    property.
21    Contributions  shall  not be knowingly solicited, offered, or
22    accepted on a  face-to-face  basis  by  public  officials  or
23    employees  or  by  candidates  on  State  property  except as
24    provided in this Section.
25        Contributions may be solicited, offered, or  accepted  on
26    State property on a face-to-face basis by public officials or
27    employees  or  by candidates at a fundraising event for which
28    the State property is leased or rented.
29        Anyone  who  knowingly  solicits,  offers,   or   accepts
30    contributions  on State property in violation of this Section
31    is guilty of a business offense subject to a fine of  $5,000,
32    except that for contributions solicited, offered, or accepted
33    for  State  officers  and candidates and political committees
 
                            -44-     LRB093 07631 BDD 07810 b
 1    formed for  statewide  office,  the  fine  shall  not  exceed
 2    $10,000.  For the purpose of this Section, "statewide office"
 3    and  "State officer" means the Governor, Lieutenant Governor,
 4    Attorney  General,  Secretary  of  State,  Comptroller,   and
 5    Treasurer.
 6        The  provisions  of  this  Section  do  not  apply to the
 7    private residences of State officers. 
 8    (Source: P.A. 90-737, eff. 1-1-99.)

 9        (10 ILCS 5/9-9.5)
10        Sec. 9-9.5.   Disclosure  on  political  literature.  Any
11    political  action  committee,  organized  under  the Election
12    Code, that reports an expenditure for a  pamphlet,  circular,
13    handbill,  advertisement,  telephonic communication, or other
14    communication directed at voters and mentioning the name of a
15    candidate in the next upcoming election shall ensure that the
16    name  of  the  political  action  committee  paying  for  the
17    communication is identified clearly within the  communication
18    as  the payer. This Section shall not apply to items that are
19    too small to contain the required disclosure.  Any  pamphlet,
20    circular,   handbill,   advertisement,   or  other  political
21    literature that supports  or  opposes  any  public  official,
22    candidate for public office, or question of public policy, or
23    that  would  have  the  effect  of supporting or opposing any
24    public official, candidate for public office, or question  of
25    public  policy,  shall  contain the name of the individual or
26    organization that authorized, caused to be  authorized,  paid
27    for,  caused  to  be  paid  for, or distributed the pamphlet,
28    circular,  handbill,  advertisement,   or   other   political
29    literature.  If  the  individual  or organization includes an
30    address, it must be an actual personal or business address of
31    the individual or business address of the organization.
32        This Section does not apply to items, the size  of  which
33    is not sufficient to contain the required disclosure.
 
                            -45-     LRB093 07631 BDD 07810 b
 1    (Source: P.A. 90-737, eff. 1-1-99.)

 2        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
 3        Sec. 9-10.  Financial reports.
 4        (a)  The treasurer of every state political committee and
 5    the  treasurer  of every local political committee shall file
 6    with the Board, and the treasurer of  every  local  political
 7    committee  shall  file  with  the  county  clerk,  reports of
 8    campaign contributions, and semi-annual reports  of  campaign
 9    contributions  and  expenditures on forms to be prescribed or
10    approved by the Board.   The  treasurer  of  every  political
11    committee that acts as both a state political committee and a
12    local  political  committee  shall file a copy of each report
13    with the State Board  of  Elections  and  the  county  clerk.
14    Entities subject to Section 9-7.5 shall file reports required
15    by  that  Section  at  times provided in this Section and are
16    subject to the penalties provided in this Section.
17        (b)  Reports of campaign contributions shall be filed  no
18    later   than  the  15th  day  next  preceding  each  election
19    including a primary election in  connection  with  which  the
20    political    committee   has   accepted   or   is   accepting
21    contributions or has made or is  making  expenditures.   Such
22    reports  shall  be complete as of the 30th day next preceding
23    each election including a primary election.  The Board  shall
24    assess  a  civil penalty not to exceed $5,000 for a violation
25    of this  subsection,  except  that  for  State  officers  and
26    candidates  and  political  committees  formed  for statewide
27    office, the civil penalty may not exceed $10,000.  The  fine,
28    however,  shall  not exceed $500 for a first filing violation
29    for filing less than 10 days after the deadline. There  shall
30    be no fine if the report is mailed and postmarked at least 72
31    hours  prior  to the filing deadline. For the purpose of this
32    subsection, "statewide office" and "State officer" means  the
33    Governor, Lieutenant Governor, Attorney General, Secretary of
 
                            -46-     LRB093 07631 BDD 07810 b
 1    State,  Comptroller,  and  Treasurer.   However, a continuing
 2    political committee that neither  accepts  contributions  nor
 3    makes  expenditures  on  behalf  of  or  in opposition to any
 4    candidate or public question on the  ballot  at  an  election
 5    shall   not  be  required  to  file  the  reports  heretofore
 6    prescribed but may  file  in  lieu  thereof  a  Statement  of
 7    Nonparticipation  in the Election with the Board or the Board
 8    and the county clerk.
 9        (b-5)  Notwithstanding the provisions of subsection  (b),
10    any  contribution  of  $500  or  more received in the interim
11    between the last date of  the  period  covered  by  the  last
12    report  filed  under subsection (b) prior to the election and
13    the date of the election shall be reported within 2  business
14    days  after  its receipt. The State Board shall allow filings
15    under  this  subsection  (b-5)  to  be  made   by   facsimile
16    transmission.   For   the   purpose  of  this  subsection,  a
17    contribution is considered received on the  date  the  public
18    official,  candidate,  or  political committee (or equivalent
19    person in the  case  of  a  reporting  entity  other  than  a
20    political  committee) actually receives it or, in the case of
21    goods or services, 2 days after the date the public official,
22    candidate, committee, or other reporting entity receives  the
23    certification  required  under subsection (b) of Section 9-6.
24    Failure to report each contribution is a  separate  violation
25    of  this  subsection.   The  Board  shall  impose  fines  for
26    violations  of  this  subsection  up  to  the  value  of  the
27    unreported contribution. as follows:
28             (1)  if the political committee's or other reporting
29        entity's  total receipts, total expenditures, and balance
30        remaining at the end of the last  reporting  period  were
31        each  $5,000  or less, then $100 per business day for the
32        first violation, $200 per business  day  for  the  second
33        violation,  and  $300  per business day for the third and
34        subsequent violations.
 
                            -47-     LRB093 07631 BDD 07810 b
 1             (2)  if the political committee's or other reporting
 2        entity's total receipts, total expenditures, and  balance
 3        remaining  at  the  end of the last reporting period were
 4        each more than $5,000, then $200 per business day for the
 5        first violation, $400 per business  day  for  the  second
 6        violation,  and  $600  per business day for the third and
 7        subsequent violations.
 8        (c)  In addition to such reports the treasurer  of  every
 9    political   committee   shall  file  semi-annual  reports  of
10    campaign contributions and expenditures no  later  than  July
11    31st,  covering the period from January 1st through June 30th
12    immediately  preceding,  and  no  later  than  January  31st,
13    covering the period from July 1st through  December  31st  of
14    the  preceding  calendar  year.  Reports of contributions and
15    expenditures must be  filed  to  cover  the  prescribed  time
16    periods even though no contributions or expenditures may have
17    been  received  or  made  during  the period. The Board shall
18    assess a civil penalty not to exceed $5,000 for  a  violation
19    of  this  subsection,  except  that  for  State  officers and
20    candidates and  political  committees  formed  for  statewide
21    office,  the  civil penalty may not exceed $10,000. The fine,
22    however, shall not exceed $500 for a first  filing  violation
23    for  filing less than 10 days after the deadline. There shall
24    be no fine if the report is mailed and postmarked at least 72
25    hours prior to the filing deadline. For the purpose  of  this
26    subsection,  "statewide office" and "State officer" means the
27    Governor, Lieutenant Governor, Attorney General, Secretary of
28    State, Comptroller, and Treasurer.
29        (c-5)  A political committee that acts as  either  (i)  a
30    state and local political committee or (ii) a local political
31    committee and that files reports electronically under Section
32    9-28  is  not required to file copies of the reports with the
33    appropriate county clerk, if the county clerk  has  a  system
34    that  permits access to, and duplication of, reports that are
 
                            -48-     LRB093 07631 BDD 07810 b
 1    filed with the State Board of Elections.
 2        (d)  A copy of each report or statement filed under  this
 3    Article  shall  be  preserved  by  the person filing it for a
 4    period of two years from the date of filing.
 5    (Source: P.A. 90-737, eff. 1-1-99.)

 6        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
 7        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
 8    has issued an order, or has approved a  written  stipulation,
 9    agreed  settlement  or  consent  order,  directing  a  person
10    determined  by  the Board to be in violation of any provision
11    of this Article or  any  regulation  adopted  thereunder,  to
12    cease or correct such violation or otherwise comply with this
13    Article  and such person fails or refuses to comply with such
14    order, stipulation, settlement or consent  order  within  the
15    time  specified  by  the  Board,  the  Board, after affording
16    notice and an opportunity for a public hearing, may impose  a
17    civil  penalty  on  such  person  in  an amount not to exceed
18    $5,000; except that for State  officers  and  candidates  and
19    political  committees  formed for statewide office, the civil
20    penalty may not exceed $10,000.   For  the  purpose  of  this
21    Section,  "statewide  office"  and  "State officer" means the
22    Governor, Lieutenant Governor, Attorney General, Secretary of
23    State, Comptroller, and Treasurer.
24        Civil penalties imposed on any such person by  the  Board
25    shall  be  enforceable in the Circuit Court.  The Board shall
26    petition the Court for an order to enforce collection of  the
27    penalty  and, if the Court finds it has jurisdiction over the
28    person against whom the penalty was imposed, the Court  shall
29    issue  the  appropriate order.  Any civil penalties collected
30    by the Court shall be forwarded to the State Treasurer.
31        In addition to or in lieu of the imposition  of  a  civil
32    penalty,  the board may report such violation and the failure
33    or refusal to comply with the  order  of  the  Board  to  the
 
                            -49-     LRB093 07631 BDD 07810 b
 1    Attorney General and the appropriate State's Attorney.
 2        The  name  of  a  person who has not paid a civil penalty
 3    imposed against him or  her  under  this  Section  shall  not
 4    appear  upon  any ballot for any office in any election while
 5    the penalty is unpaid.
 6    (Source: P.A. 90-737, eff. 1-1-99.)

 7        (10 ILCS 5/9-27.5)
 8        Sec. 9-27.5.  Fundraising in or within 50  miles  of  the
 9    State  Capitol  building  Springfield.  Except as provided in
10    this Section, any executive  branch  constitutional  officer,
11    any  candidate for an executive branch constitutional office,
12    any member of the General Assembly,  any  candidate  for  the
13    General   Assembly,  any  political  caucus  of  the  General
14    Assembly, or any political committee on behalf of any of  the
15    foregoing may not hold a fundraising function in or within 50
16    miles  of  the  State Capitol building Springfield on any day
17    the legislature is in session (i) during the period beginning
18    90 days before the later of the  dates  scheduled  by  either
19    house  of  the  General  Assembly  for the adjournment of the
20    spring  session  and  ending  on  the  later  of  the  actual
21    adjournment dates of either house of the spring  session  and
22    (ii)  during fall veto session. For purposes of this Section,
23    the legislature is not considered to be in session on  a  day
24    that  is  solely  a  perfunctory session day or on a day when
25    only a committee is meeting.
26        This Section does not  apply  to  members  and  political
27    committees of members of the General Assembly whose districts
28    are  located,  in  whole or in part, in or within 50 miles of
29    the State Capitol building  Springfield  and  candidates  and
30    political  committees  of candidates for the General Assembly
31    from districts located, in whole or in part, in or within  50
32    miles  of  the  State  Capitol building Springfield, provided
33    that the fundraising function takes place within the member's
 
                            -50-     LRB093 07631 BDD 07810 b
 1    or candidate's district.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        Section 30.  The General Assembly Staff Assistants Act is
 4    amended by adding Section 3 as follows:

 5        (25 ILCS 160/3 new)
 6        Sec. 3.  Legislative staff assistants have the  right  to
 7    engage  in  political work that does not interfere with their
 8    official duties, provided that:
 9             (1)  No political work may be conducted while acting
10        (i) in  an  official  capacity  as  a  legislative  staff
11        assistant,  (ii)  at  the public employment work site, or
12        (iii) using State owned or leased property or equipment.
13             (2)  Staff assistants who  work  part-time  for  the
14        General  Assembly  while  engaging  in  political work in
15        their  non-State  time  shall  file  weekly  time  sheets
16        documenting, in quarter-hour increments, the  time  spent
17        each  day  on  their  official  duties,  which  shall  be
18        available  to the public under the Freedom of Information
19        Act.
20             (3)  Staff assistants who  work  part-time  for  the
21        State while engaging in political work in their non-State
22        time   may   elect  to  suspend  their  health  insurance
23        coverage,  earning  of  pension   credits,   accrual   of
24        vacations,   accrual   of  seniority,  and  other  fringe
25        benefits during the period that they work  part-time  for
26        the  State;  provided,  that  no  part-time  employee may
27        receive these fringe benefits unless he or she reimburses
28        the State on a pro-rated basis for the time  that  he  or
29        she is not a legislative staff assistant.
30             (4)  Nothing in this Section shall be interpreted to
31        allow  any activities otherwise prohibited by Illinois or
32        federal law.
 
                            -51-     LRB093 07631 BDD 07810 b
 1        Section 50.  The Illinois Procurement Code is amended  by
 2    changing Section 50-30 as follows:

 3        (30 ILCS 500/50-30)
 4        Sec.  50-30.  Revolving door prohibition. No former State
 5    officer or State employee may, within a  period  of  2  years
 6    immediately  after  termination  of  State employment, accept
 7    employment or receive compensation from an employer if:
 8        (1)  The  officer  or  employee,  during  the   2   years
 9    immediately  preceding  termination  of State employment, was
10    engaged in the negotiation or administration on behalf of the
11    State or agency of one or more contracts with  that  employer
12    and  was  in  a  position  to  make  discretionary  decisions
13    affecting  the  outcome of such negotiation or nature of such
14    administration; or
15        (2)  The officer or employee was  the  chief  procurement
16    officer,  associate  procurement  officer,  State  purchasing
17    officer,  designee  of  one of those officers whose principal
18    duties  are  directly  related  to  State   procurement,   or
19    executive officer confirmed by the Senate.
20        This prohibition includes but is not limited to: lobbying
21    the  procurement process; specifying; bidding; proposing bid,
22    proposal, or contract documents; on his or her own behalf  or
23    on   behalf   of   any  firm,  partnership,  association,  or
24    corporation.   This  Section  applies  only  to  persons  who
25    terminate an affected position on or after the effective date
26    of this amendatory Act of the 93rd  General  Assembly.  Chief
27    procurement  officers,  associate procurement officers, State
28    purchasing officers, their designees whose  principal  duties
29    are  directly  related  to  State  procurement, and executive
30    officers confirmed by the Senate are expressly prohibited for
31    a period of 2 years after terminating  an  affected  position
32    from  engaging  in  any  procurement activity relating to the
33    State agency most recently  employing  them  in  an  affected
 
                            -52-     LRB093 07631 BDD 07810 b
 1    position  for a period of at least 6 months.  The prohibition
 2    includes but is not  limited  to:  lobbying  the  procurement
 3    process;  specifying;  bidding;  proposing  bid, proposal, or
 4    contract documents; on their own behalf or on behalf  of  any
 5    firm,  partnership, association, or corporation. This Section
 6    applies only to persons who terminate an affected position on
 7    or after January 15, 1999.
 8    (Source: P.A. 90-572, eff. 2-6-98.)

 9        Section 90.  Severability.  The provisions  of  this  Act
10    are severable under Section 1.31 of the Statute on Statutes.

11        Section  95.  Because this Act authorizes the legislative
12    ethics commission  to  meet  in  closed  session  in  certain
13    circumstances,   in   order   to  meet  the  requirements  of
14    subsection (c) of Section 5 of Article  IV  of  the  Illinois
15    Constitution,  for  passage  this Act needs a 2/3 vote of the
16    members elected to each house of the General Assembly.
 
                            -53-     LRB093 07631 BDD 07810 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    5 ILCS 320/3              from Ch. 24 1/2, par. 38u
 5    5 ILCS 420/Art. 4B heading new
 6    5 ILCS 420/4B-5 new
 7    5 ILCS 425/5
 8    5 ILCS 425/10
 9    5 ILCS 425/15
10    5 ILCS 425/20
11    5 ILCS 425/30
12    5 ILCS 425/35
13    5 ILCS 425/45
14    5 ILCS 425/55
15    5 ILCS 425/60
16    5 ILCS 425/80
17    5 ILCS 425/83
18    5 ILCS 425/85
19    5 ILCS 425/95
20    5 ILCS 120/1.02           from Ch. 102, par. 41.02
21    5 ILCS 140/7              from Ch. 116, par. 207
22    10 ILCS 5/9-1.5           from Ch. 46, par. 9-1.5
23    10 ILCS 5/9-1.5-5 new
24    10 ILCS 5/9-1.7           from Ch. 46, par. 9-1.7
25    10 ILCS 5/9-1.8           from Ch. 46, par. 9-1.8
26    10 ILCS 5/9-3             from Ch. 46, par. 9-3
27    10 ILCS 5/9-8.5 new
28    10 ILCS 5/9-8.7 new
29    10 ILCS 5/9-8.10
30    10 ILCS 5/9-8.15
31    10 ILCS 5/9-9.5
32    10 ILCS 5/9-10            from Ch. 46, par. 9-10
33    10 ILCS 5/9-23            from Ch. 46, par. 9-23
34    10 ILCS 5/9-27.5
 
                            -54-     LRB093 07631 BDD 07810 b
 1    25 ILCS 160/3 new
 2    30 ILCS 500/50-30