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90_SB1885
5 ILCS 420/1-109 from Ch. 127, par. 601-109
5 ILCS 420/1-110 from Ch. 127, par. 601-110
5 ILCS 420/1-112 from Ch. 127, par. 601-112
5 ILCS 420/1-119 new
5 ILCS 420/1-121 new
5 ILCS 420/1-122 new
5 ILCS 420/1-123 new
5 ILCS 420/1-125 new
5 ILCS 420/1-126 new
5 ILCS 420/1-127 new
5 ILCS 420/1-128 new
5 ILCS 420/1-129 new
5 ILCS 420/1-130 new
5 ILCS 420/Art. 2A heading new
5 ILCS 420/2A-102 new
5 ILCS 420/2A-103 new
5 ILCS 420/2A-104 new
5 ILCS 420/2A-105 new
5 ILCS 420/2A-107 new
5 ILCS 420/2A-108 new
5 ILCS 420/2A-109 new
Amends the Illinois Governmental Ethics Act. Creates a
code of conduct for officers of the State executive branch
and for employees of the State executive, legislative, and
judicial branches. Prohibits the use of influence,
acceptance of additional compensation, solicitation and
acceptance of gifts in excess of an aggregate value of $50
annually, and the acceptance of honoraria. Provides for
disposition of prohibited items through escheating to the
State or donations to tax-exempt entities.
LRB9011681JMmb
LRB9011681JMmb
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 Illinois Governmental Ethics Act is
5 amended by changing Sections 1-109, 1-110, and 1-112 and by
6 adding Article 2A and Sections 1-119, 1-121, 1-122, 1-123,
7 1-125, 1-126, 1-127, 1-128, 1-129, and 1-130 as follows:
8 (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
9 Sec. 1-109. "Lobbying" has the meaning ascribed to it in
10 Section 2 of the Lobbyist Registration Act. means promoting
11 or opposing in any manner the passage by the General Assembly
12 of any legislative matter affecting the interests of any
13 individual, association or corporation as distinct from those
14 of the people of the State as a whole.
15 (Source: Laws 1967, p. 3401.)
16 (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
17 Sec. 1-110. "Lobbyist" has the meaning ascribed to it in
18 Section 2 of the Lobbyist Registration Act. means any person
19 required to be registered under "An Act concerning lobbying
20 and providing a penalty for violation thereof", approved July
21 10, 1957, as amended.
22 (Source: Laws 1967, p. 3401.)
23 (5 ILCS 420/1-112) (from Ch. 127, par. 601-112)
24 Sec. 1-112. "Person with whom the legislator, official,
25 or employee maintains a close economic association" means a
26 person associated with the legislator, official, or employee
27 in a partnership, association or professional service
28 corporation, corporation, trust, estate, business trust or
29 group, or in any other financial manner, whether as partner,
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1 officer, employee, associate, or otherwise.
2 (Source: Laws 1967, p. 3401.)
3 (5 ILCS 420/1-119 new)
4 Sec. 1-119. Official. "Official" means any person
5 required by Section 4A-101 to file statements of economic
6 interests, other than persons described in subsections (a),
7 (e), and (g) through (l) of that Section.
8 (5 ILCS 420/1-121 new)
9 Sec. 1-121. "Employee" means any person employed by the
10 State, whether part-time or full-time, including legislative
11 employees, but excluding officials.
12 (5 ILCS 420/1-122 new)
13 Sec. 1-122. "Interest" or "economic interest" means (i)
14 an interest from which the owner currently receives or is
15 entitled to receive in the future more than $2,500 per year;
16 (ii) an interest with a cost or present value of $5,000 or
17 more; or (iii) an interest representing more than 10% of a
18 corporation, partnership firm enterprise, franchise,
19 organization, holding company, joint stock company,
20 receivership, trust, or other legal entity organized for
21 profit. "Interest" or "economic interest" does not include
22 (i) an ownership interest, obtained either by purchase at
23 fair market value or by inheritance, of less than 5% of the
24 shares of a corporation, or its subsidiary, parent, or
25 affiliate, regardless of the value of or dividends on the
26 shares, if the shares are registered on a securities exchange
27 pursuant to the Securities Exchange Act of 1934, as now or
28 hereafter amended, (ii) the authorized compensation paid to a
29 person as a legislator, official, or employee, (iii) an
30 economic benefit provided equally to all residents of the
31 State, (iv) a time or demand deposit in a financial
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1 institution, or (v) an endowment or insurance policy or
2 annuity contract purchased from an insurance company.
3 (5 ILCS 420/1-123 new)
4 Sec. 1-123. "Gift" means any thing of value given
5 without consideration or expectation of return.
6 (5 ILCS 420/1-125 new)
7 Sec. 1-125. "Relative" means a person who is related to
8 an official or employee as any of the following: spouse,
9 parent, child, brother, sister, aunt, uncle, niece, nephew,
10 grandparent, grandchild, father-in-law, mother-in-law,
11 son-in-law, daughter-in-law, brother- in-law, sister-in-law,
12 stepfather, stepmother, stepson, stepdaughter, stepbrother,
13 stepsister, half brother, or half sister.
14 (5 ILCS 420/1-126 new)
15 Sec. 1-126. "Spouse" means the husband or wife or the
16 reporting individual, unless living separate and apart from
17 the reporting individual with the intention of either
18 terminating the marriage or providing for a permanent
19 separation, or unless separated pursuant to a judicial order
20 or judgement or a legally binding separation agreement.
21 (5 ILCS 420/1-127 new)
22 Sec. 1-127. "Dependent child" means a son, daughter,
23 stepson, or stepdaughter who is under the age of 18 and (i)
24 living in the household of the person filing the statement of
25 economic interests or (ii) attending school full-time and
26 financially dependent on the person filing the statement of
27 economic interests.
28 (5 ILCS 420/1-128 new)
29 Sec. 1-128. "Ministerial" means an administrative act
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1 carried out in a prescribed manner not allowing for
2 substantial personal discretion.
3 (5 ILCS 420/1-129 new)
4 Sec. 1-129. "Honorarium" means a a payment of anything
5 of value to an official as defined in this Article for an
6 appearance or speech.
7 (5 ILCS 420/1-130 new)
8 Sec. 1-130. "Nominal value" means having only minor,
9 incidental, and insignificant monetary value.
10 (5 ILCS 420/Art. 2A heading new)
11 ARTICLE 2A. CODE OF CONDUCT
12 FOR OFFICIALS AND EMPLOYEES
13 (5 ILCS 420/2A-102 new)
14 Sec. 2A-102. Influence. Officials and employees shall
15 not make, participate in making, or in any way attempt to use
16 their position to influence any State governmental decision
17 or action in which they should be reasonably expected to know
18 that they or any of their relatives, or an organization with
19 which they are associated, or a person with whom they
20 maintain a close economic association, has any economic
21 interest distinguishable from that of the State or the
22 public.
23 (5 ILCS 420/2A-103 new)
24 Sec. 2A-103. Acceptance of additional compensation for
25 performance of duties. An official or employee, or the
26 spouse or dependent child of the official or employee, shall
27 not, directly or indirectly, solicit, accept, agree to
28 accept, or receive from any person, anything of value,
29 including, but not limited to, a gift, favor, forbearance,
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1 economic opportunity, or promise of future opportunity,
2 whether in the form of money, service, loan, travel,
3 entertainment, hospitality, or in any other form, for the
4 performance of his or her official duties. A person other
5 than an official or employee performing his or her duties in
6 making payments to officials and employees as provided by law
7 shall not, directly or indirectly, offer or provide any such
8 thing of value to an official or employee, or to the spouse
9 or dependent child of an official or employee, for the
10 official's or employee's performance of his or her official
11 duties.
12 (5 ILCS 420/2A-104 new)
13 Sec. 2A-104. Things of value prohibited. An official or
14 employee, or the spouse or dependent child of the official or
15 employee, shall not, directly or indirectly, solicit, accept,
16 agree to accept, or receive anything of an aggregate annual
17 value greater than $50, including but not limited to, a gift,
18 favor, economic opportunity, or promise of future
19 opportunity, whether in the form of money, service, loan,
20 travel, entertainment, hospitality, or in any other form,
21 from any person or entity required to be registered under the
22 Lobbyist Registration Act. No person registered under the
23 Lobbyist Registration Act shall, directly or indirectly,
24 offer or provide any such thing of value to an official or
25 employee, or the spouse or dependent child of the official or
26 employee.
27 (5 ILCS 420/2A-105 new)
28 Sec. 2A-105. Things of value permitted. Except as
29 prohibited in Section 2A-104, nothing in this Act prohibits
30 any person from giving or receiving:
31 (1) a nonmonetary award presented in recognition of
32 public service;
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1 (2) commercially reasonable loans made in the ordinary
2 course of the lender's business;
3 (3) political contributions, provided they are actually
4 used for political purposes and are reported under Article 9
5 of the Election Code;
6 (4) intra-family gifts;
7 (5) attendance at a widely attended gathering,
8 including, without limitation, a luncheon, speaking
9 engagement, or educational seminar, when attendance is
10 requested or required, and is beneficial to the official's or
11 employee's agency or department, or is a customary or
12 necessary aspect or the officer's or employee's duties;
13 (6) publications intended to provide information in a
14 field within the official's or employee's public duties;
15 (7) cash payments made in behalf of the official or
16 employee to an organization exempt from taxation under
17 Section 501(c)(3) of the Internal Revenue Code; or
18 (8) gifts of value less than $50 between and among
19 officers or employees of the same or different State
20 agencies, or gifts of value less than $50 from an officer or
21 employee of a federal, foreign, or local unit of government,
22 when given without the intent to influence executive,
23 legislative, or administrative action as defined in Section 2
24 of the Lobbyist Registration Act.
25 (5 ILCS 420/2A-107 new)
26 Sec. 2A-107. Disposition of tangible items in violation.
27 Any nonperishable tangible thing of value provided in
28 violation of Section 2A-103 or 2A-104 shall, by operation of
29 law, escheat to the State of Illinois, and shall be turned
30 over to the Department of Central Management Services, which
31 shall add the tangible thing of value to the inventory of
32 State property.
33 Any perishable thing of value provided in violation of
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1 Section 2A-103 or 2A-104 shall be donated to an entity exempt
2 from taxation under Section 501(c)(3) of the Internal Revenue
3 Code, and written notification of the donation shall be sent
4 to the Department of Central Management Services.
5 This Section does not preclude other penalties prescribed
6 under this Act.
7 (5 ILCS 420/2A-108 new)
8 Sec. 2A-108. Gifts to State. Nothing in this Act shall
9 prohibit an official or employee, or the spouse or dependent
10 child of the official or employee, from accepting a gift on
11 the State's behalf, so long as the person accepting the gift
12 promptly turns it over to the Department of Central
13 Management Services, which shall add it to the inventory of
14 State property.
15 (5 ILCS 420/2A-109 new)
16 Sec. 2A-109. Honoraria. An official or employee shall
17 not accept any honorarium.