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90_HB1627sam002
LRB9003972PTcwam01
1 AMENDMENT TO HOUSE BILL 1627
2 AMENDMENT NO. . Amend House Bill 1627 by replacing
3 the title with the following:
4 "AN ACT concerning governmental ethics."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 State Gift Ban Act.
9 Section 5. Definitions. As used in this Act:
10 "Commission" means an ethics commission created by this
11 Act.
12 "Employee" means all full-time, part-time, and
13 contractual employees, appointed and elected officials, and
14 directors of a governmental entity. "Employee" does not mean
15 a non-salaried appointed or elected official of a unit of
16 local government, home rule unit, or school district.
17 "Gift" means any gratuity, discount, entertainment,
18 hospitality, loan, forbearance, or other tangible or
19 intangible item having monetary value including, but not
20 limited to, cash, food and drink, and honoraria for speaking
21 engagements related to or attributable to government
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1 employment or the official position of an employee, member,
2 officer, or judge.
3 "Governmental entity" means each office, board,
4 commission, agency, department, authority, institution,
5 university, body politic and corporate, administrative unit,
6 and corporate outgrowth of the executive, legislative, and
7 judicial branches of State government, whether created by the
8 Illinois Constitution, by or in accordance with statute, or
9 by executive order of the Governor, including units of local
10 government, home rule units, and school districts.
11 "Judge" means judges and associate judges of the Supreme
12 Court, Appellate Courts, and Circuit Courts.
13 "Member" means a member of the General Assembly.
14 "Officer" means a State constitutional officer.
15 "Political organization" means a party, committee,
16 association, fund, or other organization (whether or not
17 incorporated) organized and operated primarily for the
18 purpose of directly or indirectly accepting contributions or
19 making expenditures, or both, for the function of influencing
20 or attempting to influence the selection, nomination,
21 election, or appointment of any individual to any federal,
22 state, or local public office or office in a political
23 organization, or the election of Presidential or
24 Vice-Presidential electors, whether or not the individual or
25 electors are selected, nominated, elected, or appointed. The
26 term includes the making of expenditures relating to an
27 office described in the preceding sentence that, if incurred
28 by the individual, would be allowable as a federal income tax
29 deduction for trade or business expenses.
30 "Prohibited source" means any person or entity who:
31 (1) is seeking official action (i) by the member,
32 officer, or judge or (ii) in the case of an employee, by
33 the employee or by the member, officer, judge,
34 governmental entity, or other employee directing the
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1 employee;
2 (2) does business or seeks to do business (i) with
3 the member, officer, or judge or (ii) in the case of an
4 employee, with the employee or with the member, officer,
5 judge, governmental entity, or other employee directing
6 the employee;
7 (3) conducts activities regulated (i) by the
8 member, officer, or judge (ii) or in the case of an
9 employee, by the employee or by the member, officer,
10 judge, governmental entity, or other employee directing
11 the employee;
12 (4) has interests that may be substantially
13 affected by the performance or non-performance of the
14 official duties of the member, officer, employee, or
15 judge; or
16 (5) is registered or required to be registered with
17 the Secretary of State under the Lobbyist Registration
18 Act.
19 "Ultimate jurisdictional authority" means the following:
20 (1) For members, the appropriate legislative
21 leader: President of the Senate, Minority Leader of the
22 Senate, Speaker of the House of Representatives, or
23 Minority Leader of the House of Representatives.
24 (2) For State employees who are professional staff
25 or employees of the Senate, the Senate Operations
26 Commission.
27 (3) For State employees who are professional staff
28 or employees of the House of Representatives, the Speaker
29 of the House of Representatives.
30 (4) For State employees who are employees of the
31 legislative support services agencies, the Joint
32 Committee on Legislative Support Services.
33 (5) For judges, the Chief Justice of the Supreme
34 Court.
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1 (6) For State employees of the judicial branch, the
2 Administrative Office of the Illinois Courts.
3 (7) For State employees of an executive branch
4 constitutional officer, the appropriate executive branch
5 constitutional officer.
6 (8) For State employees not under the jurisdiction
7 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
8 Governor.
9 (9) For officers, the General Assembly.
10 (10) For employees of units of local government,
11 including home rule units, and school districts, the
12 corporate authorities of the unit of local government or
13 school district.
14 Section 10. Gift ban. Except as otherwise provided in
15 this Act, no member, officer, employee, or judge shall,
16 directly or indirectly, solicit or accept any gift from any
17 prohibited source or in violation of any federal or State
18 statute or regulation. This ban applies to and includes
19 spouses of and immediate family living with the member,
20 officer, employee, or judge. No prohibited source shall offer
21 or make a gift that violates this Section.
22 Section 15. Exceptions. The restriction in Section 10
23 does not apply to the following:
24 (1) Anything for which the member, officer, employee, or
25 judge pays the market value or anything not used and promptly
26 disposed of as provided in Section 25.
27 (2) A contribution, as defined in Article 9 of the
28 Election Code that is lawfully made under that Act or
29 attendance at a fundraising event sponsored by a political
30 organization.
31 (3) A gift from a relative, meaning those people related
32 to the individual as father, mother, son, daughter, brother,
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1 sister, uncle, aunt, great aunt, great uncle, first cousin,
2 nephew, niece, husband, wife, grandfather, grandmother,
3 grandson, granddaughter, father-in-law, mother-in-law,
4 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
5 stepfather, stepmother, stepson, stepdaughter, stepbrother,
6 stepsister, half brother, half sister, and including the
7 grandfather or grandmother of the individual's spouse and the
8 individual's fiance or fiancee.
9 (4) Anything provided by an individual on the basis of a
10 personal friendship unless the member, officer, employee, or
11 judge has reason to believe that, under the circumstances,
12 the gift was provided because of the official position or
13 employment of the member, officer, employee, or judge and not
14 because of the personal friendship.
15 In determining whether a gift is provided on the basis of
16 personal friendship, the member, officer, employee, or judge
17 shall consider the circumstances under which the gift was
18 offered, such as:
19 (i) the history of the relationship between the
20 individual giving the gift and the recipient of the gift,
21 including any previous exchange of gifts between those
22 individuals;
23 (ii) whether to the actual knowledge of the member,
24 officer, employee, or judge the individual who gave the
25 gift personally paid for the gift or sought a tax
26 deduction or business reimbursement for the gift; and
27 (iii) whether to the actual knowledge of the
28 member, officer, employee, or judge the individual who
29 gave the gift also at the same time gave the same or
30 similar gifts to other members, officers, employees, or
31 judges.
32 (5) A commercially reasonable loan evidenced in writing
33 with repayment due by a date certain made in the ordinary
34 course of the lender's business.
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1 (6) A contribution or other payments to a legal expense
2 fund established for the benefit of a member, officer,
3 employee, or judge that is otherwise lawfully made.
4 (7) Intra-office gifts. For the purpose of this Act,
5 "intra-office gifts" means:
6 (i) any gift given to a member or employee of the
7 legislative branch from another member or employee of the
8 legislative branch;
9 (ii) any gift given to a judge or employee of the
10 judicial branch from another judge or employee of the
11 judicial branch;
12 (iii) any gift given to an officer or employee of
13 the executive branch from another officer or employee of
14 the executive branch;
15 (iv) any gift given to an employee of a unit of
16 local government, home rule unit, or school district,
17 from another employee of that unit of local government,
18 home rule unit, or school district; or
19 (v) any gift given to an employee of any other
20 governmental entity not included in item (i), (ii),
21 (iii), or (iv), from another employee of that
22 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;
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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 (15) Bequests, inheritances, and other transfers at
30 death.
31 (16) Anything that is paid for by the federal
32 government, the State, a governmental entity, or secured by
33 the government or governmental entity under a government
34 contract.
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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
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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) Food or refreshments of nominal value and meals or
6 beverages consumed on the premises from which they were
7 purchased.
8 (22) Donations of products from the district that the
9 member represents that are intended primarily for promotional
10 purposes, such as display or free distribution, and are of
11 minimal value to any individual recipient.
12 (23) An item of nominal value such as a greeting card,
13 baseball cap, or a T-shirt.
14 Section 20. Attendance at events.
15 (a) A member, officer, employee, or judge may accept an
16 offer of free attendance at a widely attended convention,
17 conference, symposium, forum, panel discussion, dinner,
18 viewing, reception, or similar event, provided by the sponsor
19 of the event, if:
20 (1) the member, officer, employee, or judge
21 participates in the event as a speaker or a panel
22 participant, by presenting information related to
23 government, or by performing a ceremonial function
24 appropriate to the member's, officer's, employee's or
25 judge's official position or employment; or
26 (2) attendance at the event is appropriate to the
27 performance of the official duties or representative
28 function of the member, officer, employee, or judge.
29 (b) A member, officer, employee, or judge who attends an
30 event described in subsection (a) may accept a sponsor's
31 unsolicited offer of free attendance at the event for an
32 accompanying individual.
33 (c) A member, officer, employee, or judge, or the spouse
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1 or dependent thereof, may accept a sponsor's unsolicited
2 offer of free attendance at a charity event, except that
3 reimbursement for transportation and lodging may not be
4 accepted in connection with the event.
5 (d) For purposes of this Section, the term "free
6 attendance" may include waiver of all or part of a conference
7 or other fee, the provision of local transportation, or the
8 provision of food, refreshments, entertainment, and
9 instructional materials furnished to all attendees as an
10 integral part of the event. The term does not include
11 entertainment collateral to the event, nor does it include
12 food or refreshments taken other than in a group setting with
13 all or substantially all other attendees.
14 Section 25. Disposition of gifts. The recipient of a
15 gift that is given in violation of this Act may, at his or
16 her discretion, return the item to the donor or give the item
17 to an appropriate charity.
18 Section 30. Reimbursement.
19 (a) A reimbursement (including payment in kind) to a
20 member, officer, employee, or judge from a private source
21 other than a registered lobbyist or agent of a foreign
22 principal for necessary transportation, lodging, and related
23 expenses for travel to a meeting, speaking engagement, fact
24 finding trip, or similar event in connection with the duties
25 of the member, officer, employee, or judge as an office
26 holder or employee shall be deemed to be a reimbursement to
27 the governmental entity and not a gift prohibited by this Act
28 if the member, officer, employee, or judge:
29 (1) discloses the expenses reimbursed or to be
30 reimbursed and the authorization to the Clerk of the
31 House of Representatives, the Secretary of the Senate,
32 the State Comptroller, fiscal officer, or similar
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1 authority as appropriate, within 30 days after the travel
2 is completed.
3 (2) in the case of an employee, receives advance
4 authorization, from the member, officer, judge, or other
5 employee under whose direct supervision the employee
6 works to accept reimbursement.
7 (b) For purposes of subsection (a), events, the
8 activities of which are substantially recreational in nature,
9 shall not be considered to be in connection with the duties
10 of a member, officer, employee, or judge as an office holder
11 or employee.
12 (c) Each advance authorization to accept reimbursement
13 shall be signed by the member, officer, judge, or other
14 employee under whose direct supervision the employee works
15 and shall include:
16 (1) the name of the employee;
17 (2) the name of the person who will make the
18 reimbursement;
19 (3) the time, place, and purpose of the travel; and
20 (4) a determination that the travel is in
21 connection with the duties of the employee as an employee
22 and would not create the appearance that the employee is
23 using public employment for private gain.
24 (d) Each disclosure made under subsection (a) of
25 expenses reimbursed or to be reimbursed shall be signed by
26 the member, officer, or judge (in the case of travel by the
27 member, officer, or judge) or by the member, officer, judge,
28 or other employee under whose direct supervision the employee
29 works (in the case of travel by an employee) and shall
30 include:
31 (1) a good faith estimate of total transportation
32 expenses reimbursed or to be reimbursed;
33 (2) a good faith estimate of total lodging expenses
34 reimbursed or to be reimbursed;
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1 (3) a good faith estimate of total meal expenses
2 reimbursed or to be reimbursed;
3 (4) a good faith estimate of the total of other
4 expenses reimbursed or to be reimbursed; and
5 (5) a determination that all those expenses are
6 necessary transportation, lodging, and related expenses.
7 Section 35. Ethics Officer. Each officer and the head of
8 each governmental entity shall designate an Ethics Officer
9 for the office or governmental entity. For the legislative
10 branch, the President and Minority Leader of the Senate and
11 the Speaker and Minority Leader of the House of
12 Representatives shall each appoint an ethics officer for the
13 legislative members of their political party. This employee
14 should be someone who is currently the Chief Internal
15 Auditor, Inspector General, Chief Counsel, or similarly
16 situated person. Ethics Officers shall:
17 (1) review statements of economic interest and
18 disclosure forms of members, officers, judges, senior
19 employees, and contract monitors before they are filed
20 with the Secretary of State; and
21 (2) provide guidance to members, officers,
22 employees, and judges in the interpretation and
23 implementation of this Act.
24 Section 40. Further restrictions. A governmental entity
25 may adopt or maintain policies that are more restrictive than
26 those set forth in this Act and shall continue to follow any
27 existing policies, statutes, or regulations that are more
28 restrictive or are in addition to those set forth in this
29 Act.
30 Section 45. Ethics Commissions.
31 (a) An Ethics Commission is created for each branch of
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1 government, and each commission shall have 6 commissioners.
2 The initial appointments to each commission shall be made
3 within 60 days after the effective date of this Act. The
4 appointing authorities shall appoint commissioners who have
5 experience holding governmental office or employment and
6 shall appoint commissioners from the general public or from
7 within the appointing authority's branch of government. No
8 more than 3 commissioners appointed to each commission shall
9 be from the same political party. The appointee shall
10 establish his or her political party affiliation by his or
11 her last record of voting in a party primary election.
12 (1) For the ethics commission of the executive
13 branch, the Governor shall appoint the commissioners.
14 (2) For the ethics commission of the legislative
15 branch, (i) the Speaker and the Minority Leader of the
16 House of Representatives and the President and the
17 Minority Leader of the Senate shall each appoint one
18 commissioner; (ii) the President of the Senate and
19 whichever of the Speaker and Minority Leader of the House
20 of Representatives that is of the same political party as
21 the President shall jointly appoint one member; and (iii)
22 the 2 legislative leaders not making an appointment under
23 item (ii) shall jointly appoint one member.
24 (3) For the ethics commission of the judicial
25 branch, the Chief Justice of the Supreme Court shall
26 appoint the commissioners with the concurrence of 3 other
27 Supreme Court judges.
28 (b) At the first meeting of each commission, the 6
29 initial appointees shall draw lots to divide into 2 groups.
30 Commissioners of the first group shall serve 2-year terms,
31 and commissioners of the second group shall serve one-year
32 terms. Thereafter commissioners shall be appointed to 2-year
33 terms. Commissioners may be reappointed to serve subsequent
34 terms.
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1 (c) The respective appointing authority or authorities
2 may remove a commissioner appointed by that authority or
3 those authorities in case of incompetency, neglect of duty,
4 or malfeasance in office after service on the commissioner by
5 certified mail, return receipt requested, of a copy of the
6 written charges against the commissioner and an opportunity
7 to be heard in person or by counsel upon not less than 10
8 days' notice. Vacancies shall be filled by the appropriate
9 appointing authority or authorities.
10 (d) Each commission shall meet at least monthly and
11 otherwise as often as necessary to perform its duties. At the
12 first meeting of each commission, the commissioners shall
13 choose a chairperson from their number. Meetings shall be
14 held at the call of the chairperson or any 2 commissioners.
15 Official action by the commission shall require the
16 affirmative vote of 4 commissioners, and a quorum shall
17 consist of 4 commissioners. Commissioners may be reimbursed
18 for their reasonable expenses actually incurred in the
19 performance of their duties.
20 Section 50. Staff. Each commission may employ at most
21 10 necessary staff persons and may contract for services that
22 cannot be satisfactorily performed by the staff.
23 Section 55. Powers and duties. Each commission shall
24 have the following powers and duties:
25 (1) To promulgate procedures and rules governing the
26 performance of its duties and the exercise of its powers.
27 (2) Upon receipt of a signed written complaint, to
28 investigate, to conduct research, conduct closed hearings and
29 deliberations, issue recommendations, and impose a fine.
30 (3) To act only upon the receipt of a complaint alleging
31 violation of this Act and not upon its own prerogative.
32 (4) To receive information from the public pertaining to
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1 its investigations and to require additional information and
2 documents from persons who may have violated this Act.
3 (5) To subpoena witnesses and compel the production of
4 books and papers pertinent to an investigation authorized by
5 this Act.
6 (6) To request that the Attorney General provide legal
7 advice without charge to the commission.
8 (7) To prepare and publish manuals and guides explaining
9 the duties of individuals covered by this Act.
10 (8) To prepare public information materials to
11 facilitate compliance, implementation, and enforcement of
12 this Act.
13 (9) To submit to the commissioner's respective
14 appointing authority or authorities an annual statistical
15 report for each year consisting of (i) the number of
16 complaints filed, (ii) the number of complaints deemed to
17 sufficiently allege a violation of this Act, (iii) the
18 recommendation, fine, or decision issued for each complaint,
19 (iv) the number of complaints resolved, and (v) the status of
20 pending complaints.
21 Section 60. Complaint procedure.
22 (a) Complaints alleging the violation of this Act shall
23 be filed with the appropriate ethics commission as follows:
24 (1) If the complaint alleges a violation by an
25 officer or employee of the executive branch of State
26 government, then the complaint shall be filed with the
27 executive ethics commission.
28 (2) If the complaint alleges a violation by a judge
29 or employee of the judicial branch of government, then
30 the complaint shall be filed with the judicial ethics
31 commission.
32 (3) If the complaint alleges a violation by a
33 member or employee of the legislative branch of State
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1 government or any employee not included within paragraphs
2 (1) or (2), then the complaint shall be filed with the
3 legislative ethics commission.
4 Any complaint received by or incident reported to a
5 member, officer, employee, judge, or governmental entity
6 alleging the violation of this Act shall be forwarded to the
7 appropriate commission. The complaint shall not be properly
8 filed until submitted to the appropriate commission.
9 (b) Within 3 days after the receipt of an ethics
10 complaint, the commission shall send by certified mail,
11 return receipt requested, a notice to the respondent that a
12 complaint has been filed against him or her. The commission
13 shall send by certified mail, return receipt requested, a
14 confirmation of the receipt of the complaint to the
15 complainant within 3 days after the submittal to the
16 commission.
17 (c) The commission shall meet to review the complaint
18 and shall issue notice to the complainant and the respondent
19 of the commission's ruling on the sufficiency of the
20 complaint within 7 days after receiving the complaint. If
21 the complaint is deemed to sufficiently allege a violation of
22 this Act, then the commission's notice to the parties shall
23 include a hearing date scheduled within 4 weeks after the
24 complaint's receipt. If the complaint is deemed not to
25 sufficiently allege a violation, then the commission shall
26 send by certified mail, return receipt requested, a notice to
27 the parties of the decision to dismiss the complaint.
28 (d) On the scheduled date, the commission shall conduct
29 a closed hearing on the complaint and allow both parties the
30 opportunity to present testimony and evidence.
31 (e) Within 6 weeks after the complaint's receipt, the
32 commission shall (i) dismiss the complaint or (ii) issue a
33 recommendation to the alleged violator and to the violator's
34 ultimate jurisdictional authority or impose a fine upon the
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1 violator, or both.
2 Section 65. Enforcement.
3 (a) A commission may recommend to a person's ultimate
4 jurisdictional authority disciplinary action against the
5 person it determines to be in violation of this Act. The
6 recommendation may prescribe the following courses of action:
7 (1) A public or private reprimand.
8 (2) To cease and desist the offensive action.
9 (3) A return or refund of money or other items, or
10 an amount of restitution for services, received in
11 violation of this Act.
12 (4) Dismissal, removal from office, impeachment, or
13 expulsion.
14 (b) A commission may impose fine of up to $1,000 per
15 violation to be deposited into the General Revenue Fund.
16 (c) The ultimate jurisdictional authority of a person
17 who violates an ethics provision may take disciplinary action
18 against the person as recommended by a commission or as it
19 deems appropriate, to the extent it is constitutionally
20 permissible for the ultimate jurisdictional authority to take
21 that action.
22 (d) If after a hearing the commission finds no violation
23 of this Act, the commission may dismiss the complaint.
24 Section 70. Criminal action; penalty.
25 (a) After issuing a recommendation to the appropriate
26 parties, a commission may refer the recommendation and the
27 accompanying documents generated from the complaint procedure
28 to the Department of State Police or other law enforcement
29 entity or to the proper prosecutorial, investigatory,
30 disciplinary, or similar entity if the commission deems that
31 the allegations may constitute a criminal action.
32 (b) An individual who knowingly violates this Act is
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1 guilty of a Class A misdemeanor.
2 Section 75. Review. A commission's decision to dismiss
3 a complaint or its recommendation is not a final
4 administrative decision, but its imposition of a fine is a
5 final administrative decision subject to judicial review
6 under the Administrative Review Law of the Code of Civil
7 Procedure.
8 Section 80. Exemption. The proceedings conducted and
9 documents generated under this Act are exempt from the
10 provisions of the Open Meetings Act and the Freedom of
11 Information Act.
12 Section 85. Home rule preemption. A home rule unit may
13 not regulate the prohibition of gifts to members, officers,
14 employees, or judges or the enforcement of these provisions
15 in a manner inconsistent with this Act. This Section is a
16 limitation under subsection (i) of Section 6 of Article VII
17 of the Illinois Constitution on the concurrent exercise by
18 home rule units of powers and functions exercised by the
19 State.
20 Section 90. Severability. The provisions of this Act
21 are severable under Section 1.31 of the Statute on Statutes.
22 Section 95. Effect on Executive Order or similar rule.
23 This Act supersedes the ethics reforms provided for in (i)
24 Part I (Ban On Gifts To State Employees From Prohibited
25 Sources) contained in Executive Order No. 2 (1997) and (ii)
26 any other executive, administrative, or similar order,
27 policy, or rule promulgated by an officer, member, judge,
28 employee, or governmental entity that conflicts with or is
29 less restrictive than this Act.
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1 Section 205. The Open Meetings Act is amended by
2 changing Section 1.02 as follows:
3 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
4 Sec. 1.02. For the purposes of this Act:
5 "Meeting" means any gathering of a majority of a quorum
6 of the commissioners of a public body held for the purpose of
7 discussing public business.
8 "Public body" includes all legislative, executive,
9 administrative or advisory bodies of the state, counties,
10 townships, cities, villages, incorporated towns, school
11 districts and all other municipal corporations, boards,
12 bureaus, committees or commissions of this State, and any
13 subsidiary bodies of any of the foregoing including but not
14 limited to committees and subcommittees which are supported
15 in whole or in part by tax revenue, or which expend tax
16 revenue, except the General Assembly and committees or
17 commissions thereof. "Public body" includes tourism boards
18 and convention or civic center boards located in counties
19 that are contiguous to the Mississippi River with populations
20 of more than 250,000 but less than 300,000. "Public body"
21 does not include a child death review team established under
22 the Child Death Review Team Act or a commission established
23 under the State Gift Ban Act.
24 (Source: P.A. 90-517, eff. 8-22-97.)
25 Section 210. The Freedom of Information Act is amended
26 by changing Section 7 as follows:
27 (5 ILCS 140/7) (from Ch. 116, par. 207)
28 Sec. 7. Exemptions.
29 (1) The following shall be exempt from inspection and
30 copying:
31 (a) Information specifically prohibited from
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1 disclosure by federal or State law or rules and
2 regulations adopted under federal or State law.
3 (b) Information that, if disclosed, would
4 constitute a clearly unwarranted invasion of personal
5 privacy, unless the disclosure is consented to in writing
6 by the individual subjects of the information. The
7 disclosure of information that bears on the public duties
8 of public employees and officials shall not be considered
9 an invasion of personal privacy. Information exempted
10 under this subsection (b) shall include but is not
11 limited to:
12 (i) files and personal information maintained
13 with respect to clients, patients, residents,
14 students or other individuals receiving social,
15 medical, educational, vocational, financial,
16 supervisory or custodial care or services directly
17 or indirectly from federal agencies or public
18 bodies;
19 (ii) personnel files and personal information
20 maintained with respect to employees, appointees or
21 elected officials of any public body or applicants
22 for those positions;
23 (iii) files and personal information
24 maintained with respect to any applicant, registrant
25 or licensee by any public body cooperating with or
26 engaged in professional or occupational
27 registration, licensure or discipline;
28 (iv) information required of any taxpayer in
29 connection with the assessment or collection of any
30 tax unless disclosure is otherwise required by State
31 statute; and
32 (v) information revealing the identity of
33 persons who file complaints with or provide
34 information to administrative, investigative, law
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1 enforcement or penal agencies; provided, however,
2 that identification of witnesses to traffic
3 accidents, traffic accident reports, and rescue
4 reports may be provided by agencies of local
5 government, except in a case for which a criminal
6 investigation is ongoing, without constituting a
7 clearly unwarranted per se invasion of personal
8 privacy under this subsection.
9 (c) Records compiled by any public body for
10 administrative enforcement proceedings and any law
11 enforcement or correctional agency for law enforcement
12 purposes or for internal matters of a public body, but
13 only to the extent that disclosure would:
14 (i) interfere with pending or actually and
15 reasonably contemplated law enforcement proceedings
16 conducted by any law enforcement or correctional
17 agency;
18 (ii) interfere with pending administrative
19 enforcement proceedings conducted by any public
20 body;
21 (iii) deprive a person of a fair trial or an
22 impartial hearing;
23 (iv) unavoidably disclose the identity of a
24 confidential source or confidential information
25 furnished only by the confidential source;
26 (v) disclose unique or specialized
27 investigative techniques other than those generally
28 used and known or disclose internal documents of
29 correctional agencies related to detection,
30 observation or investigation of incidents of crime
31 or misconduct;
32 (vi) constitute an invasion of personal
33 privacy under subsection (b) of this Section;
34 (vii) endanger the life or physical safety of
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1 law enforcement personnel or any other person; or
2 (viii) obstruct an ongoing criminal
3 investigation.
4 (d) Criminal history record information maintained
5 by State or local criminal justice agencies, except the
6 following which shall be open for public inspection and
7 copying:
8 (i) chronologically maintained arrest
9 information, such as traditional arrest logs or
10 blotters;
11 (ii) the name of a person in the custody of a
12 law enforcement agency and the charges for which
13 that person is being held;
14 (iii) court records that are public;
15 (iv) records that are otherwise available
16 under State or local law; or
17 (v) records in which the requesting party is
18 the individual identified, except as provided under
19 part (vii) of paragraph (c) of subsection (1) of
20 this Section.
21 "Criminal history record information" means data
22 identifiable to an individual and consisting of
23 descriptions or notations of arrests, detentions,
24 indictments, informations, pre-trial proceedings, trials,
25 or other formal events in the criminal justice system or
26 descriptions or notations of criminal charges (including
27 criminal violations of local municipal ordinances) and
28 the nature of any disposition arising therefrom,
29 including sentencing, court or correctional supervision,
30 rehabilitation and release. The term does not apply to
31 statistical records and reports in which individuals are
32 not identified and from which their identities are not
33 ascertainable, or to information that is for criminal
34 investigative or intelligence purposes.
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1 (e) Records that relate to or affect the security
2 of correctional institutions and detention facilities.
3 (f) Preliminary drafts, notes, recommendations,
4 memoranda and other records in which opinions are
5 expressed, or policies or actions are formulated, except
6 that a specific record or relevant portion of a record
7 shall not be exempt when the record is publicly cited and
8 identified by the head of the public body. The exemption
9 provided in this paragraph (f) extends to all those
10 records of officers and agencies of the General Assembly
11 that pertain to the preparation of legislative documents.
12 (g) Trade secrets and commercial or financial
13 information obtained from a person or business where the
14 trade secrets or information are proprietary, privileged
15 or confidential, or where disclosure of the trade secrets
16 or information may cause competitive harm, including all
17 information determined to be confidential under Section
18 4002 of the Technology Advancement and Development Act.
19 Nothing contained in this paragraph (g) shall be
20 construed to prevent a person or business from consenting
21 to disclosure.
22 (h) Proposals and bids for any contract, grant, or
23 agreement, including information which if it were
24 disclosed would frustrate procurement or give an
25 advantage to any person proposing to enter into a
26 contractor agreement with the body, until an award or
27 final selection is made. Information prepared by or for
28 the body in preparation of a bid solicitation shall be
29 exempt until an award or final selection is made.
30 (i) Valuable formulae, designs, drawings and
31 research data obtained or produced by any public body
32 when disclosure could reasonably be expected to produce
33 private gain or public loss.
34 (j) Test questions, scoring keys and other
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1 examination data used to administer an academic
2 examination or determined the qualifications of an
3 applicant for a license or employment.
4 (k) Architects' plans and engineers' technical
5 submissions for projects not constructed or developed in
6 whole or in part with public funds and for projects
7 constructed or developed with public funds, to the extent
8 that disclosure would compromise security.
9 (l) Library circulation and order records
10 identifying library users with specific materials.
11 (m) Minutes of meetings of public bodies closed to
12 the public as provided in the Open Meetings Act until the
13 public body makes the minutes available to the public
14 under Section 2.06 of the Open Meetings Act.
15 (n) Communications between a public body and an
16 attorney or auditor representing the public body that
17 would not be subject to discovery in litigation, and
18 materials prepared or compiled by or for a public body in
19 anticipation of a criminal, civil or administrative
20 proceeding upon the request of an attorney advising the
21 public body, and materials prepared or compiled with
22 respect to internal audits of public bodies.
23 (o) Information received by a primary or secondary
24 school, college or university under its procedures for
25 the evaluation of faculty commissioners by their academic
26 peers.
27 (p) Administrative or technical information
28 associated with automated data processing operations,
29 including but not limited to software, operating
30 protocols, computer program abstracts, file layouts,
31 source listings, object modules, load modules, user
32 guides, documentation pertaining to all logical and
33 physical design of computerized systems, employee
34 manuals, and any other information that, if disclosed,
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1 would jeopardize the security of the system or its data
2 or the security of materials exempt under this Section.
3 (q) Documents or materials relating to collective
4 negotiating matters between public bodies and their
5 employees or representatives, except that any final
6 contract or agreement shall be subject to inspection and
7 copying.
8 (r) Drafts, notes, recommendations and memoranda
9 pertaining to the financing and marketing transactions of
10 the public body. The records of ownership, registration,
11 transfer, and exchange of municipal debt obligations, and
12 of persons to whom payment with respect to these
13 obligations is made.
14 (s) The records, documents and information relating
15 to real estate purchase negotiations until those
16 negotiations have been completed or otherwise terminated.
17 With regard to a parcel involved in a pending or actually
18 and reasonably contemplated eminent domain proceeding
19 under Article VII of the Code of Civil Procedure,
20 records, documents and information relating to that
21 parcel shall be exempt except as may be allowed under
22 discovery rules adopted by the Illinois Supreme Court.
23 The records, documents and information relating to a real
24 estate sale shall be exempt until a sale is consummated.
25 (t) Any and all proprietary information and records
26 related to the operation of an intergovernmental risk
27 management association or self-insurance pool or jointly
28 self-administered health and accident cooperative or
29 pool.
30 (u) Information concerning a university's
31 adjudication of student or employee grievance or
32 disciplinary cases, to the extent that disclosure would
33 reveal the identity of the student or employee and
34 information concerning any public body's adjudication of
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1 student or employee grievances or disciplinary cases,
2 except for the final outcome of the cases.
3 (v) Course materials or research materials used by
4 faculty commissioners.
5 (w) Information related solely to the internal
6 personnel rules and practices of a public body.
7 (x) Information contained in or related to
8 examination, operating, or condition reports prepared by,
9 on behalf of, or for the use of a public body responsible
10 for the regulation or supervision of financial
11 institutions or insurance companies, unless disclosure is
12 otherwise required by State law.
13 (y) Information the disclosure of which is
14 restricted under Section 5-108 of the Public Utilities
15 Act.
16 (z) Manuals or instruction to staff that relate to
17 establishment or collection of liability for any State
18 tax or that relate to investigations by a public body to
19 determine violation of any criminal law.
20 (aa) Applications, related documents, and medical
21 records received by the Experimental Organ
22 Transplantation Procedures Board and any and all
23 documents or other records prepared by the Experimental
24 Organ Transplantation Procedures Board or its staff
25 relating to applications it has received.
26 (bb) Insurance or self insurance (including any
27 intergovernmental risk management association or self
28 insurance pool) claims, loss or risk management
29 information, records, data, advice or communications.
30 (cc) Information and records held by the Department
31 of Public Health and its authorized representatives
32 relating to known or suspected cases of sexually
33 transmissible disease or any information the disclosure
34 of which is restricted under the Illinois Sexually
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1 Transmissible Disease Control Act.
2 (dd) Information the disclosure of which is
3 exempted under Section 30 of the Radon Industry Licensing
4 Act.
5 (ee) Firm performance evaluations under Section 55
6 of the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (ff) Security portions of system safety program
9 plans, investigation reports, surveys, schedules, lists,
10 data, or information compiled, collected, or prepared by
11 or for the Regional Transportation Authority under
12 Section 2.11 of the Regional Transportation Authority Act
13 or the State of Missouri under the Bi-State Transit
14 Safety Act.
15 (gg) Information the disclosure of which is
16 exempted under Section 80 of the State Gift Ban Act.
17 (2) This Section does not authorize withholding of
18 information or limit the availability of records to the
19 public, except as stated in this Section or otherwise
20 provided in this Act.
21 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
22 revised 10-16-97.)
23 (5 ILCS 420/3-101 rep.)
24 Section 215. The Illinois Governmental Ethics Act is
25 amended by repealing Section 3-101.
26 Section 999. Effective date. This Act takes effect
27 January 1, 1998.".