Full Text of SB0039 94th General Assembly
SB0039 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0039
Introduced 1/26/2005, by Sen. Miguel del Valle SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/10-15 |
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10 ILCS 5/9-8.20 new |
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30 ILCS 500/50-13 |
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30 ILCS 500/50-20 |
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Amends the State Officials and Employees Ethics Act. In the gift ban Article, eliminates the exemptions for (i) educational materials and missions and (ii) travel expenses for a meeting to discuss State business. Amends the Election Code. Prohibits State executive branch constitutional officers, General Assembly members, candidates for those offices, and their political committees from accepting campaign contributions from State contractors or bidders on State contracts not yet awarded. Amends the Illinois Procurement Code. Provides that no person holding an
elective office in this State,
holding a seat in the General Assembly, or appointed to or
employed in any of the offices or
agencies of State government and who receives compensation for such employment
in excess of 60% of the salary of the Governor of the State of Illinois, or who
is an officer or employee of
the Capital Development
Board or the Illinois Toll Highway Authority, or who is the spouse
or minor child of any such
person may receive a legal, banking, consulting, or other fee related to the issuance of any bond issued by the State or by any agency or other entity of State government. Provides that this prohibition may not be exempted by the Governor or an executive ethics board or
commission.
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A BILL FOR
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SB0039 |
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LRB094 03490 JAM 33493 b |
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| AN ACT concerning ethics.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Section 10-15 as follows: | 6 |
| (5 ILCS 430/10-15)
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| Sec. 10-15. Gift ban; exceptions. The restriction in | 8 |
| Section 10-10 does
not apply to the following:
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| (1) Opportunities, benefits, and services that are | 10 |
| available on the same
conditions as for the general public.
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| (2) Anything for which the officer, member, or State | 12 |
| employee pays the
market value.
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| (3) Any (i) contribution that is lawfully made under | 14 |
| the Election Code or
under
this Act or (ii) activities | 15 |
| associated with a fundraising event in support of
a | 16 |
| political
organization or candidate.
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| (4) (Blank).
Educational materials and missions. This | 18 |
| exception may be further
defined by rules adopted by the
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| appropriate ethics commission
or by the Auditor General for | 20 |
| the Auditor General and employees of the Office
of the | 21 |
| Auditor General.
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| (5) (Blank).
Travel expenses for a meeting to discuss | 23 |
| State business. This exception
may be further defined by
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| rules adopted by the appropriate ethics commission
or by | 25 |
| the Auditor General for the Auditor General and employees | 26 |
| of the Office
of the Auditor General.
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| (6) A gift from a relative,
meaning those people | 28 |
| related to the individual as father, mother, son,
daughter,
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| brother, sister, uncle, aunt, great aunt, great uncle, | 30 |
| first cousin, nephew,
niece, husband, wife, grandfather, | 31 |
| grandmother, grandson, granddaughter,
father-in-law, | 32 |
| mother-in-law, son-in-law, daughter-in-law, |
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| brother-in-law,
sister-in-law, stepfather, stepmother, | 2 |
| stepson, stepdaughter, stepbrother,
stepsister, half | 3 |
| brother, half sister, and including the father, mother,
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| grandfather, or grandmother of the individual's spouse and | 5 |
| the individual's
fiance or fiancee.
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| (7) Anything provided by an individual on the basis of | 7 |
| a personal
friendship unless the member, officer, or | 8 |
| employee has reason to
believe
that,
under the | 9 |
| circumstances, the gift was provided because of the | 10 |
| official position
or employment of the member, officer, or | 11 |
| employee and not
because of the
personal friendship.
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| In determining whether a gift is provided on the basis | 13 |
| of personal
friendship, the member, officer, or employee | 14 |
| shall consider
the
circumstances
under which the gift was | 15 |
| offered, such as:
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| (i) the history of the relationship between the | 17 |
| individual giving the gift
and the recipient of the | 18 |
| gift, including any previous exchange of gifts between
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| those individuals;
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| (ii) whether to the actual knowledge of the member, | 21 |
| officer, or
employee the individual who gave the gift | 22 |
| personally paid for the
gift or sought a
tax deduction | 23 |
| or business reimbursement for the gift; and
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| (iii) whether to the actual knowledge of the | 25 |
| member, officer, or
employee
the individual who gave | 26 |
| the gift also at the same time gave the same or similar
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| gifts to other members, officers, or employees.
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| (8) Food or refreshments not exceeding $75 per person | 29 |
| in value on a single
calendar day; provided
that the food | 30 |
| or refreshments are (i) consumed on the premises from which | 31 |
| they
were purchased or prepared or (ii) catered. For the | 32 |
| purposes of this Section,
"catered" means food or | 33 |
| refreshments that are purchased ready to eat and
delivered | 34 |
| by any means.
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| (9) Food, refreshments, lodging, transportation, and | 36 |
| other
benefits resulting from the outside business or |
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| employment activities
(or outside activities that are not | 2 |
| connected to the duties of the officer,
member, or employee | 3 |
| as an office holder or employee) of the officer,
member, or | 4 |
| employee, or the spouse of the officer, member, or
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| employee, if the benefits have not been offered or enhanced | 6 |
| because of
the official position or employment of the | 7 |
| officer, member, or
employee, and are customarily provided | 8 |
| to others in similar
circumstances.
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| (10) Intra-governmental and inter-governmental gifts. | 10 |
| For the purpose of
this Act, "intra-governmental gift" | 11 |
| means any gift given to a member, officer,
or employee of a | 12 |
| State agency from another member, officer, or employee of | 13 |
| the
same State agency; and "inter-governmental gift" means | 14 |
| any gift given to a
member, officer, or
employee of a State | 15 |
| agency, by a member, officer, or
employee of another State
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| agency, of a federal agency, or of any governmental entity.
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| (11) Bequests, inheritances, and other transfers at | 18 |
| death.
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| (12) Any item or items from any one prohibited source | 20 |
| during
any calendar year having a cumulative total value of | 21 |
| less than $100.
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| Each of the exceptions listed in this Section is mutually | 23 |
| exclusive and
independent of one another.
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| (Source: P.A. 93-617, eff. 12-9-03.)
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| Section 10. The Election Code is amended by adding Section | 26 |
| 9-8.20 as follows: | 27 |
| (10 ILCS 5/9-8.20 new)
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| Sec. 9-8.20. Contributions from State contractors. | 29 |
| (a) As of the effective date of this amendatory Act of the | 30 |
| 94th General Assembly, a State executive branch constitutional | 31 |
| officer, a member of the General Assembly, a candidate for the | 32 |
| office of State executive branch constitutional officer or | 33 |
| member of the General Assembly, or a political committee | 34 |
| organized on behalf of such office holder or candidate shall |
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| not accept contributions from a State contractor or from any | 2 |
| person or other entity that has submitted a bid, offer, or | 3 |
| proposal for a State contract that has not yet been awarded.
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| (b) As used in this Section, "State executive branch | 5 |
| constitutional officer" means the Governor, Lieutenant | 6 |
| Governor, Attorney General, Secretary of State, State | 7 |
| Comptroller, or State Treasurer. | 8 |
| Section 15. The Illinois Procurement Code is amended by | 9 |
| changing Section 50-13 and 50-20 as follows: | 10 |
| (30 ILCS 500/50-13)
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| Sec. 50-13. Conflicts of interest.
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| (a) Prohibition. It is unlawful for any person holding an
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| elective office in this State,
holding a seat in the General | 14 |
| Assembly, or appointed to or
employed in any of the offices or
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| agencies of State government and who receives compensation for | 16 |
| such employment
in excess of 60% of the salary of the Governor | 17 |
| of the State of Illinois, or who
is an officer or employee of
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| the Capital Development
Board or the Illinois Toll Highway | 19 |
| Authority, or who is the spouse
or minor child of any such
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| person to have or acquire any contract, or any direct pecuniary
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| interest in any contract therein,
whether for stationery, | 22 |
| printing, paper, or any services,
materials, or supplies, that | 23 |
| will be
wholly or partially satisfied by the payment of funds | 24 |
| appropriated
by the General Assembly of
the State of Illinois | 25 |
| or in any contract of the Capital
Development Board or the | 26 |
| Illinois Toll
Highway Authority.
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| (b) Interests. It is unlawful for any firm, partnership,
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| association, or corporation, in
which any person listed in | 29 |
| subsection (a) is entitled to receive (i) more than
7 1/2% of | 30 |
| the total
distributable income or (ii) an amount in excess of | 31 |
| the salary of the Governor,
to have or acquire any
such | 32 |
| contract or direct pecuniary interest therein.
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| (b-5) Notwithstanding any other provision of law, no person | 34 |
| listed in subsection (a) may receive a legal, banking, |
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| consulting, or other fee related to the issuance of any bond | 2 |
| issued by the State or by any agency or other entity of State | 3 |
| government.
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| (c) Combined interests. It is unlawful for any firm, | 5 |
| partnership,
association, or corporation, in which any person | 6 |
| listed in subsection (a)
together with his or her spouse or | 7 |
| minor children is entitled to receive (i)
more than 15%, in the | 8 |
| aggregate, of the total distributable income or (ii) an
amount | 9 |
| in excess of 2 times the salary of the Governor, to have or | 10 |
| acquire any
such contract or direct pecuniary interest therein.
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| (c-5) Appointees and firms. In addition to any provisions | 12 |
| of this Code,
the interests of certain
appointees and their | 13 |
| firms are subject to Section 3A-35 of the Illinois
Governmental | 14 |
| Ethics Act.
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| (d) Securities. Nothing in this Section invalidates the
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| provisions of any bond or other
security previously offered or | 17 |
| to be offered for sale or sold by
or for the State of Illinois.
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| (e) Prior interests. This Section does not affect the
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| validity of any contract made
between the State and an officer | 20 |
| or employee of the State or
member of the General Assembly,
his | 21 |
| or her spouse, minor child, or other immediate family member | 22 |
| living in
his or her residence or any
combination of those | 23 |
| persons
if that contract was in
existence before his or her | 24 |
| election or employment as an officer,
member, or employee. The
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| contract is voidable, however, if it cannot be completed within | 26 |
| 365
days after the officer, member,
or employee takes office or | 27 |
| is employed.
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| (f) Exceptions.
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| (1) Public aid payments. This Section does not apply
to | 30 |
| payments made for a
public aid recipient.
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| (2) Teaching. This Section does not apply to a
contract | 32 |
| for personal services as
a teacher or school administrator | 33 |
| between a member of the General
Assembly or his or her
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| spouse, or a State officer or employee or his or her | 35 |
| spouse, and
any school district, public community college | 36 |
| district, the University of
Illinois, Southern Illinois |
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SB0039 |
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| University, Illinois State University, Eastern
Illinois | 2 |
| University, Northern Illinois University, Western Illinois | 3 |
| University,
Chicago State University, Governor State | 4 |
| University, or Northeastern Illinois
University.
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| (3) Ministerial duties. This Section does not apply to
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| a contract for personal
services of a wholly ministerial | 7 |
| character, including but not
limited to services as a | 8 |
| laborer, clerk,
typist, stenographer, page, bookkeeper, | 9 |
| receptionist, or telephone
switchboard operator, made
by a | 10 |
| spouse or minor child of an elective or appointive State
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| officer or employee or of a member
of the General Assembly.
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| (4) Child and family services. This Section does not
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| apply to payments made
to a member of the General Assembly, | 14 |
| a State officer or employee,
his or her spouse or minor
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| child acting as a foster parent, homemaker, advocate, or | 16 |
| volunteer
for or in behalf of a child or
family served by | 17 |
| the Department of Children and Family Services.
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| (5) Licensed professionals. Contracts with licensed | 19 |
| professionals,
provided they are competitively bid or part | 20 |
| of a reimbursement program for
specific, customary goods | 21 |
| and services through the Department of Children and
Family | 22 |
| Services, the Department of Human Services,
the Department | 23 |
| of Public Aid, the Department of Public Health, or
the | 24 |
| Department on Aging.
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| (g) Penalty. A person convicted of a violation of this | 26 |
| Section is guilty of
a business offense and shall be fined not | 27 |
| less than $1,000 nor more than
$5,000.
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| (Source: P.A. 93-615, eff. 11-19-03.)
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| (30 ILCS 500/50-20)
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| Sec. 50-20. Exemptions. With the approval of the | 31 |
| appropriate chief
procurement officer involved, the Governor, | 32 |
| or an executive ethics board or
commission he or she | 33 |
| designates, may exempt named individuals from the
prohibitions | 34 |
| of
Section 50-13 , except the prohibitions set forth in | 35 |
| subsection (b-5) of Section 50-13, when, in his, her, or its |
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| judgment, the public interest in
having
the
individual in the | 2 |
| service of the State outweighs the public policy evidenced in
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| that Section. An exemption is effective only when it is filed | 4 |
| with the
Secretary of State and the Comptroller and includes a | 5 |
| statement setting forth
the name of the individual and all the | 6 |
| pertinent facts that would make that
Section applicable, | 7 |
| setting forth the reason for the exemption, and declaring
the | 8 |
| individual exempted from that Section.
Notice of each exemption | 9 |
| shall be published in the Illinois Procurement
Bulletin.
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| (Source: P.A. 90-572, eff. 2-6-98.)
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