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90_HB2324
5 ILCS 420/2-110 rep.
5 ILCS 420/3-101 rep.
25 ILCS 170/3 from Ch. 63, par. 173
25 ILCS 170/6 from Ch. 63, par. 176
Creates the State Employee Gift Ban Act and amends the
Illinois Governmental Ethics Act and the Lobbyist
Registration Act. Prohibits State officers and employees of
the executive, legislative, and judicial branches from
soliciting or accepting gifts from lobbyists and State
vendors, contractors, and bidders. Applies to the officer's
or employee's spouse and children. Makes violation a
business offense punishable by a fine and authorizes the
imposition of other sanctions. Requires surrender of any
accepted gift into the State treasury. Eliminates the 10-day
period in which a person may lobby before registering with
the Secretary of State. Effective immediately.
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1 AN ACT concerning governmental ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 State Employee Gift Ban Act.
6 Section 5. Definitions. In this Act, words and phrases
7 have the meanings set forth in the following Sections.
8 Section 5.5. State agency.
9 (a) Except as excluded by subsection (b), "State agency"
10 means each officer, office, board, commission, agency,
11 department, authority, institution, university, body politic
12 and corporate, administrative unit, and corporate outgrowth
13 of the executive, legislative, and judicial branches of State
14 government, whether created by the Illinois Constitution, by
15 or in accordance with statute, or by executive order of the
16 Governor.
17 (b) "State agency" does not include circuit courts,
18 units of local government and their officers, school
19 districts, and boards of election commissioners.
20 Section 5.10. State employee. "State employee" means
21 each employee, appointed official, and elected official of a
22 State agency.
23 Section 5.15. Family member of a State employee.
24 "Family member of a State employee" means the spouse,
25 ancestors, descendants, and siblings of a State employee.
26 Section 5.20. Gift.
27 (a) Except as excluded by subsection (b), "gift" means
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1 any tangible or intangible thing of value.
2 (b) "Gift" does not include the following:
3 (1) gifts between and among a State employee and
4 his or her family members;
5 (2) certificates, plaques, trophies, and novelty
6 items given as a momento of the employee's participation
7 in an event if the value of the item is less than $25;
8 and
9 (3) media, such as paper documents, computer
10 diskettes, videotapes, and similar technological
11 equivalents, that are used solely to transmit information
12 or opinions related to the State employee's official
13 duties.
14 Section 10. Gifts prohibited.
15 (a) No State employee and his or her spouse and children
16 may solicit or accept, directly or indirectly, gifts from any
17 donor listed in subsection (b).
18 (b) A donor whose gifts are prohibited under subsection
19 (a) is a person or entity who is, at the time of the gift:
20 (1) registered as a lobbyist with the Secretary of
21 State pursuant to the Lobbyist Registration Act; or
22 (2) a State vendor, contractor, or bidder,
23 including those on the list maintained by the Procurement
24 Policy Board pursuant to the Illinois Procurement Code.
25 (c) Nothing in this Section is intended to limit or
26 interfere with a donor's exercise of any of his or her
27 constitutional rights, including those of freedom of speech
28 and of petitioning the government.
29 Section 15. Violations.
30 (a) A State employee who violates this Act is guilty of
31 a business offense punishable by a fine equal to 10 times the
32 value of the gift, but not less than $500. A State employee
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1 who violates this Act is also subject to disciplinary
2 measures, which may include dismissal, expulsion from the
3 General Assembly as provided in Section 6 of Article IV of
4 the Illinois Constitution, or impeachment as provided in
5 Section 14 of Article IV of the Illinois Constitution. The
6 value of a gift accepted in violation of this Act shall be
7 surrendered to the State Treasurer for deposit into the State
8 treasury.
9 (b) A donor who violates this Act is guilty of a
10 business offense punishable by a fine equal to 10 times the
11 value of the gift, but not less than $500. In addition, upon
12 conviction the court may prohibit that donor for a period of
13 up to 3 years from doing business or seeking to do business
14 with the State, seeking or seeking to influence executive,
15 legislative, or administrative action by the State, and
16 conducting activities regulated by the State.
17 (5 ILCS 420/2-110 rep.)
18 (5 ILCS 420/3-101 rep.)
19 Section 90. The Illinois Governmental Ethics Act is
20 amended by repealing Sections 2-110 and 3-101.
21 Section 95. The Lobbyist Registration Act is amended by
22 changing Sections 3 and 6 as follows:
23 (25 ILCS 170/3) (from Ch. 63, par. 173)
24 Sec. 3. Persons required to register.
25 (a) Except as provided in Sections 4 and 9, the
26 following persons shall register with the Secretary of State
27 as provided herein:
28 (1) Any person who, for compensation or otherwise,
29 either individually or as an employee or contractual
30 employee of another person, undertakes to influence
31 executive, legislative or administrative action.
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1 (2) Any person who employs another person for the
2 purposes of influencing executive, legislative or
3 administrative action.
4 (b) It is a violation of this Act to engage in lobbying
5 or to employ any person for the purpose of lobbying who is
6 not registered with the Office of the Secretary of State,
7 except upon condition that the person register and the person
8 does in fact register within 10 working days of an agreement
9 to conduct any lobbying activity.
10 (Source: P.A. 88-187.)
11 (25 ILCS 170/6) (from Ch. 63, par. 176)
12 Sec. 6. Reports.
13 (a) Except as otherwise provided in this Section, every
14 person required to register as prescribed in Section 3 shall
15 report under oath to the Secretary of State all expenditures
16 for lobbying made or incurred by the lobbyist on his behalf
17 or the behalf of his employer. In the case where an
18 individual is solely employed by another person to perform
19 job related functions any part of which includes lobbying,
20 the employer shall be responsible for reporting all lobbying
21 expenditures incurred on the employer's behalf as shall be
22 identified by the lobbyist to the employer preceding such
23 report. Persons who contract with another person to perform
24 lobbying activities shall be responsible for reporting all
25 lobbying expenditures incurred on the employer's behalf. Any
26 additional lobbying expenses incurred by the employer which
27 are separate and apart from those incurred by the contractual
28 employee shall be reported by the employer.
29 (b) The report shall itemize each individual expenditure
30 or transaction over $100 and shall include the name of the
31 person official on whose behalf the expenditure was made, the
32 name of the client on whose behalf the expenditure was made,
33 the total amount of the expenditure, the date on which the
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1 expenditure occurred and the subject matter of the lobbying
2 activity, if any.
3 Expenditures attributable to lobbying officials shall be
4 listed and reported according to the following categories:
5 (1) travel and lodging on behalf of others.
6 (2) meals, beverages and other entertainment.
7 (3) gifts.
8 (4) honoraria.
9 Individual expenditures required to be reported as
10 described herein which are equal to or less than $100 in
11 value need not be itemized but are required to be categorized
12 and reported by officials in an aggregate total in a manner
13 prescribed by rule of the Secretary of State.
14 Expenditures incurred for hosting receptions, benefits
15 and other large gatherings held for purposes of goodwill or
16 otherwise to influence executive, legislative or
17 administrative action to which there are 25 or more State
18 officials invited shall be reported listing only the total
19 amount of the expenditure, the date of the event, and the
20 estimated number of officials in attendance.
21 Each individual expenditure required to be reported shall
22 include all expenses made for or on behalf of any persons
23 State officials and members of the immediate family of those
24 persons.
25 The category travel and lodging includes, but is not
26 limited to, all travel and living accommodations made for or
27 on behalf of persons State officials in the capital during
28 sessions of the General Assembly.
29 Reasonable and bona fide expenditures made by the
30 registrant who is a member of a legislative or State study
31 commission or committee while attending and participating in
32 meetings and hearings of such commission or committee need
33 not be reported.
34 Reasonable and bona fide expenditures made by the
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1 registrant for personal sustenance, lodging, travel, office
2 expenses and clerical or support staff need not be reported.
3 Salaries, fees, and other compensation paid to the
4 registrant for the purposes of lobbying need not be reported.
5 Any contributions required to be reported under Article 9
6 of the Election Code need not be reported.
7 Gifts and honoraria returned to the registrant within 30
8 days of the date of receipt need not be reported.
9 (c) Reports under this Section shall be filed by July
10 31, for expenditures from the previous January 1 through the
11 later of June 30 or the final day of the regular General
12 Assembly session, and by January 31, for expenditures from
13 the entire previous calendar year.
14 Registrants who made no reportable expenditures during a
15 reporting period shall file a report stating that no
16 expenditures were incurred. Such reports shall be filed in
17 accordance with the deadlines as prescribed in this
18 subsection.
19 A registrant who terminates employment or duties which
20 required him to register under this Act shall give the
21 Secretary of State, within 30 days after the date of such
22 termination, written notice of such termination and shall
23 include therewith a report of the expenditures described
24 herein, covering the period of time since the filing of his
25 last report to the date of termination of employment. Such
26 notice and report shall be final and relieve such registrant
27 of further reporting under this Act, unless and until he
28 later takes employment or assumes duties requiring him to
29 again register under this Act.
30 (d) Failure to file any such report within the time
31 designated or the reporting of incomplete information shall
32 constitute a violation of this Act.
33 A registrant shall preserve for a period of 2 years all
34 receipts and records used in preparing reports under this
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1 Act.
2 (e) Within 30 days after a filing deadline, the lobbyist
3 shall notify each person official on whose behalf an
4 expenditure has been reported. Notification shall include
5 the name of the registrant, the total amount of the
6 expenditure, the date on which the expenditure occurred, and
7 the subject matter of the lobbying activity.
8 (Source: P.A. 90-78, eff. 1-1-98.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.