97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3380

 

Introduced 2/24/2011, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Educational Ethics Act. Provides that no person holding an elected or appointed position with a school board, a regional office of education, a local school council, or any other entity with the power to designate, approve, refer, or otherwise influence the award of contracts with any State or local governmental educational entity may (1) solicit or receive any remuneration from an entity or individual whom he or she knows or should have known to have a legislative, economic, or direct pecuniary interest in such contract; (2) accept compensation for performance of his or her duties in the position, with exceptions; or (3) accept any economic opportunity under circumstances in which he or she knows or should know that there is a possibility that the opportunity is being afforded with the intent to influence his or her conduct in the performance of his or her official duties. Provides that whoever knowingly solicits, receives, offers, or pays any remuneration, compensation, gifts, or other economic opportunity in return for (i) referring, recommending, or otherwise assisting in the procurement of State or local government educational contracts or (ii) purchasing, leasing, ordering, arranging for, or otherwise recommending the purchasing, leasing, or ordering of any other good, facility, service, or item via a contract with a State or local governmental educational entity shall be barred from any further contracts or business with a State or local governmental educational entity. Sets forth certain meal and consulting exceptions. Requires specified disclosures to the Office of the Attorney General.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Educational Ethics Act.
 
6    Section 5. Prohibitions.
7    (a) No person holding an elected or appointed position with
8a school board, a regional office of education, a local school
9council, or any other entity with the power to designate,
10approve, refer, or otherwise influence the award of contracts
11with any State or local governmental educational entity may do
12any of the following:
13        (1) Solicit or receive any remuneration, directly or
14    indirectly, overtly or covertly, in cash or in kind, from
15    an entity or individual whom he or she knows or should have
16    known to have a legislative, economic, or direct pecuniary
17    interest in such contract.
18        (2) Accept compensation for performance of his or her
19    duties in the position, except for payments made as
20    provided by law or in his or her normal contract or terms
21    and conditions of employment.
22        (3) Accept any economic opportunity under
23    circumstances in which he or she knows or should know that

 

 

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1    there is a possibility that the opportunity is being
2    afforded with the intent to influence his or her conduct in
3    the performance of his or her official duties.
4    (b) Whoever knowingly solicits, receives, offers, or pays
5any remuneration, compensation, gifts, or other economic
6opportunity in return for (i) referring, recommending, or
7otherwise assisting in the procurement of State or local
8government educational contracts or (ii) purchasing, leasing,
9ordering, arranging for, or otherwise recommending the
10purchasing, leasing, or ordering of any other good, facility,
11service, or item via a contract with a State or local
12governmental educational entity shall be barred from any
13further contracts or business with a State or local
14governmental educational entity.
 
15    Section 10. Exceptions. Section 5 of this Act does not
16apply to any of the following:
17        (1) Meals. In order to provide important and relevant
18    information, persons under which subsection (a) of Section
19    5 of this Act applies may take the opportunity to present
20    information during the working day, including mealtimes.
21    In connection with such a presentation, it is appropriate
22    for occasional meals to be offered as a business courtesy
23    so long as all of the following conditions are met:
24            (A) The presentation provides scientific or
25        educational value.

 

 

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1            (B) The meal does not exceed $20 per person.
2            (C) The meal is not part of an entertainment or
3        recreational event.
4            (D) The meal is provided in a manner constructive
5        to informational communication.
6            (E) The meal is provided in an in-office setting.
7            (F) The meal is reported to the Office of the
8        Attorney General.
9        (2) Consulting. Consulting arrangements between
10    persons under which subsection (a) of Section 5 of this Act
11    applies and educational professionals are allowable as
12    long as they conform to all of the following guidelines:
13            (A) A written contract specifies the nature of the
14        consulting services to be provided and the basis for
15        payment of those services.
16            (B) A legitimate need for the consulting services
17        has been clearly identified in writing and in advance
18        of requesting the services and entering into
19        arrangements with the prospective consultants.
20            (C) The criteria for selecting consultants are
21        directly related to the identified purpose and are
22        reduced to a written instrument, and the persons
23        responsible for selecting the consultants have the
24        expertise necessary to evaluate whether the particular
25        educational professionals meet those criteria.
26            (D) The number of educational professionals

 

 

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1        retained is not greater than the number reasonably
2        necessary to achieve the identified purpose.
3            (E) The retaining entity maintains records
4        concerning and makes appropriate use of the services
5        provided by consultants, and the records are submitted
6        to the Office of the Attorney General.
7            (F) The venue and circumstances of any meeting with
8        consultants are conducive to the consulting services,
9        and activities related to the services are the primary
10        focus of the meeting and are disclosed to the Office of
11        the Attorney General.
12            (G) No recreational or entertainment events are
13        provided in conjunction with the meeting.
 
14    Section 15. Disclosures; public information.
15    (a) Any person, whether appointed, elected, or hired, who
16holds a position with a school board, a regional office of
17education, a local school council, or any other entity with the
18power to designate, approve, refer, or otherwise influence the
19award of contracts with any State or local governmental
20educational entity must file with the Office of the Attorney
21General a disclosure of all contracts the person or his or her
22spouse or immediate family members living with the person have
23with this State and all contracts between this State and any
24entity in which the person or his or her spouse or immediate
25family members living with the person have a majority financial

 

 

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1interest.
2    (b) Any person, whether appointed, elected, or hired, who
3holds a position with a school board, a regional office of
4education, a local school council, or any other entity with the
5power to designate, approve, refer, or otherwise influence the
6award of contracts with any State or local governmental
7educational entity must disclose the following interests to the
8Office of the Attorney General:
9        (1) The name, address, and type of practice of any
10    professional organization or individual professional
11    practice in which the person was an officer, director,
12    associate, partner, or proprietor or served in any advisory
13    capacity from which income in excess of $1,200 was derived
14    during the preceding calendar year.
15        (2) The nature of professional services and the nature
16    of the entity to which they were rendered if fees exceeding
17    $1,200 were received by the person.
18        (3) The name of any entity that has employed the person
19    during the preceding calendar year.
20        (4) The identity, including the address or legal
21    description of real estate, of any capital asset from which
22    a capital gain of $1,200 or more was realized in the
23    preceding calendar year.
24        (5) The name of any entity from which a gift or gifts
25    or honorarium or honoraria, valued singly or in the
26    aggregate in excess of $500, was received during the

 

 

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1    preceding calendar year.
2    (c) All disclosures, records, or reports submitted under
3this Act to the Office of the Attorney General must be made
4public on the Attorney General's Internet website within 7
5business days after receipt.