98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2964

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/10-10
5 ILCS 430/10-15
5 ILCS 430/10-20 new
5 ILCS 430/50-5

    Amends the State Officials and Employees Ethics Act. Makes the gift ban apply to additional classes of persons. Places caps on gifts that may be accepted as exempt under the educational materials and missions exemption and the travel expenses for State business exemption. Deletes exemptions that authorize the acceptance of gifts provided by an individual on the basis of personal friendship; gifts made through bequests, inheritances, and other transfers at death; and gifts of food. Exempts from the gift ban the cost of food or beverages consumed at certain receptions, meals, and meetings. Establishes a procedure for the reporting of all gifts that are accepted as exempt from the gift ban. Authorizes the Secretary of State to institute a system for the reporting of accepted gifts. Increases penalties for violations of the gift ban.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2964LRB098 11026 JDS 41708 b

1    AN ACT concerning ethics.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 10-10, 10-15, and 50-5 and by
6adding Section 10-20 as follows:
 
7    (5 ILCS 430/10-10)
8    Sec. 10-10. Gift ban. Except as otherwise provided in this
9Article, no officer, member, or State employee shall
10intentionally solicit or accept any gift from any prohibited
11source or in violation of any federal or State statute, rule,
12or regulation. This ban applies to and includes any relative of
13the officer, member, or State employee, including those people
14related to the individual as father, mother, son, daughter,
15brother, sister, uncle, aunt, great aunt, great uncle, first
16cousin, nephew, niece, husband, wife, civil union partner,
17grandfather, grandmother, grandson, granddaughter,
18father-in-law, mother-in-law, sister-in-law, stepfather,
19stepmother, stepson, stepdaughter, stepbrother, stepsister,
20half brother, or half sister, as well as any individual related
21to the individual's spouse in any of the manners described
22above the spouse of and immediate family living with the
23officer, member, or State employee. No prohibited source shall

 

 

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1intentionally offer or make a gift that violates this Section.
2(Source: P.A. 93-617, eff. 12-9-03.)
 
3    (5 ILCS 430/10-15)
4    Sec. 10-15. Gift ban; exceptions. The restriction in
5Section 10-10 does not apply to the following gifts provided to
6an officer, member, or State employee:
7        (1) Opportunities, benefits, and services that are
8    available on the same conditions as for the general public.
9        (2) Anything for which the officer, member, or State
10    employee pays the market value.
11        (3) Any (i) contribution that is lawfully made under
12    the Election Code or under this Act or (ii) activities
13    associated with a fundraising event in support of a
14    political organization or candidate.
15        (4) Educational materials and missions, provided that
16    the maximum daily amount that may be accepted by an
17    officer, member, or State employee (exclusive of air, rail,
18    or boat fare) shall not exceed $111 per day. With respect
19    to air, rail, or boat fare, an officer, member, or State
20    employee may only accept coach class tickets or their
21    equivalent and shall only travel on carriers available to
22    the general public. This exception may be further defined
23    by rules adopted by the appropriate ethics commission or by
24    the Auditor General for the Auditor General and employees
25    of the Office of the Auditor General.

 

 

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1        (5) Travel expenses for a meeting to discuss State
2    business, provided that the maximum daily amount that may
3    be accepted by an officer, member, or State employee
4    (exclusive of air, rail, or boat fare) shall not exceed
5    $111 per day. With respect to air, rail or boat fare, an
6    officer, member, or State employee may only accept coach
7    class tickets or their equivalent and shall only travel on
8    carriers available to the general public. This exception
9    may be further defined by rules adopted by the appropriate
10    ethics commission or by the Auditor General for the Auditor
11    General and employees of the Office of the Auditor General.
12        (6) A gift from a relative, meaning those people
13    related to the individual as father, mother, son, daughter,
14    brother, sister, uncle, aunt, great aunt, great uncle,
15    first cousin, nephew, niece, husband, wife, civil union
16    partner, grandfather, grandmother, grandson,
17    granddaughter, father-in-law, mother-in-law, son-in-law,
18    daughter-in-law, brother-in-law, sister-in-law,
19    stepfather, stepmother, stepson, stepdaughter,
20    stepbrother, stepsister, half brother, half sister, and
21    any individual related to the individual's spouse in any of
22    the manners described above including the father, mother,
23    grandfather, or grandmother of the individual's spouse and
24    the individual's fiance or fiancee.
25        (7) (Blank). Anything provided by an individual on the
26    basis of a personal friendship unless the member, officer,

 

 

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1    or employee has reason to believe that, under the
2    circumstances, the gift was provided because of the
3    official position or employment of the member, officer, or
4    employee and not because of the personal friendship.
5        In determining whether a gift is provided on the basis
6    of personal friendship, the member, officer, or employee
7    shall consider the circumstances under which the gift was
8    offered, such as:
9            (i) the history of the relationship between the
10        individual giving the gift and the recipient of the
11        gift, including any previous exchange of gifts between
12        those individuals;
13            (ii) whether to the actual knowledge of the member,
14        officer, or employee the individual who gave the gift
15        personally paid for the gift or sought a tax deduction
16        or business reimbursement for the gift; and
17            (iii) whether to the actual knowledge of the
18        member, officer, or employee the individual who gave
19        the gift also at the same time gave the same or similar
20        gifts to other members, officers, or employees.
21        (8) (Blank). Food or refreshments not exceeding $75 per
22    person in value on a single calendar day; provided that the
23    food or refreshments are (i) consumed on the premises from
24    which they were purchased or prepared or (ii) catered. For
25    the purposes of this Section, "catered" means food or
26    refreshments that are purchased ready to eat and delivered

 

 

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1    by any means.
2        (9) Food, refreshments, lodging, transportation, and
3    other benefits resulting from the outside business or
4    employment activities (or outside activities that are not
5    connected to the duties of the officer, member, or employee
6    as an office holder or employee) of the officer, member, or
7    employee, or the spouse of the officer, member, or
8    employee, if the benefits have not been offered or enhanced
9    because of the official position or employment of the
10    officer, member, or employee, and are customarily provided
11    to others in similar circumstances.
12        (10) Intra-governmental and inter-governmental gifts.
13    For the purpose of this Act, "intra-governmental gift"
14    means any gift given to a member, officer, or employee of a
15    State agency from another member, officer, or employee of
16    the same State agency; and "inter-governmental gift" means
17    any gift given to a member, officer, or employee of a State
18    agency, by a member, officer, or employee of another State
19    agency, of a federal agency, or of any governmental entity.
20        (11) (Blank). Bequests, inheritances, and other
21    transfers at death.
22        (12) Any item or items from any one prohibited source
23    during any calendar year having a cumulative total value of
24    less than $100.
25        (13) Admission to and the cost of food or beverages
26    consumed at a reception, meal or meeting by an organization

 

 

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1    before whom the recipient appears to speak or answer
2    questions as part of a scheduled program and to which all
3    members of the General Assembly were invited.
4    Each of the exceptions listed in this Section is mutually
5exclusive and independent of one another.
6(Source: P.A. 93-617, eff. 12-9-03.)
 
7    (5 ILCS 430/10-20 new)
8    Sec. 10-20. Disclosure of accepted gifts.
9    (a) Any officer, member, or State employee who receives any
10item from a prohibited source pursuant to an exception set
11forth in Section 10-15 shall, within 15 days after receipt,
12file with the Secretary of State a report disclosing the
13receipt of the gift. The report shall be verified under oath
14pursuant to Section 1-109 of the Code of Civil Procedure
15attesting to the accuracy of the report. The report shall be a
16public record and shall: (i) list the name of the officer,
17member, or State employee who accepted the gift; (ii) describe
18in detail each individual gift received; (iii) include the date
19on which the gift was received; (iv) include the amount of the
20gift or, if the exact amount is not known, the fair market
21value of each gift; (v) include the name, address, and employer
22of the prohibited source who provided the gift; (vi) describe
23the subject matter of any lobbying activity, as that term is
24defined in the Lobbyist Registration Act, that occurred in
25connection with the gift; and (vii) state the specific

 

 

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1exception or exceptions in Section 10-15 pursuant to which the
2gift was accepted and why those exceptions bring the officer,
3member, or State employee's acceptance of the gift outside the
4purview of Section 10-10. If the gift was accepted in
5connection with an educational mission or travel to a meeting
6to discuss State business, the report shall provide a daily
7account of all gifts accepted following the requirements set
8forth in this subsection (a).
9    (b) The Secretary of State may create a standard form that
10an officer, member, or State employee shall use in complying
11with subsection (a).
12    (c) Notwithstanding any other provision of this Act or any
13other law, the Secretary of State may institute an
14Internet-based system for the reports described in subsection
15(a). The determination to institute such a system shall be in
16the sole discretion of the Secretary of State and shall meet
17the requirements set out in this Section. In any system of
18Internet-based filing of the reports described in subsection
19(a) instituted by the Secretary of State:
20        (1) Any filing of an Internet-based report shall be the
21    equivalent of the filing of the verified, written, dated,
22    and signed report described in subsection (a).
23        (2) If the Secretary of State institutes an
24    Internet-based filing system for the reports described in
25    subsection (a), the Secretary shall establish a
26    password-protected website to receive the filings of those

 

 

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1    statements. A website established under this Section shall
2    set forth and provide a means for the filer to respond to
3    the form's required questions. A website established under
4    this Section shall set forth and provide a means for
5    generating a printable receipt page, acknowledging filing.
6        (3) In the first year of the implementation of a system
7    of Internet-based filing of the reports described in
8    subsection (a), each person required to file such a
9    statement is to be notified in writing of his or her
10    obligation to file his or her report by way of the
11    Internet-based system. If access to the website requires a
12    code or password, this information shall be included in the
13    notice prescribed by this paragraph.
14        (4) When a person required to file a report described
15    in subsection (a) has supplied the Secretary of State with
16    an e-mail address for the purpose of receiving notices
17    under this Act by e-mail, a notice sent by e-mail shall be
18    the equivalent of a notice sent by first class mail. A
19    person who has supplied such an e-mail address shall notify
20    the Secretary of State when his or her e-mail address
21    changes or if he or she no longer wishes to receive notices
22    by e-mail.
23        (5) If the Secretary of State institutes a system of
24    Internet-based filing of the reports described in
25    subsection (a), he or she shall make the contents of such
26    reports filed with him or her available for inspection and

 

 

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1    copying on a publicly accessible website in a searchable
2    format. Such postings shall not include the addresses of
3    the filers or of any prohibited source set forth therein.
 
4    (5 ILCS 430/50-5)
5    Sec. 50-5. Penalties.
6    (a) A person is guilty of a Class A misdemeanor if that
7person intentionally violates any provision of Section 5-15,
85-30, 5-40, or 5-45 or Article 15.
9    (a-1) An ethics commission may levy an administrative fine
10for a violation of Section 5-45 of this Act of up to 3 times the
11total annual compensation that would have been obtained in
12violation of Section 5-45.
13    (b) A person who intentionally violates any provision of
14Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
15offense subject to a fine of at least $1,001 and up to $5,000.
16    (c) A person who intentionally violates any provision of
17Article 10 is guilty of a Class 4 felony and is subject to a
18fine in an amount equal to the greater of (i) $1,001 or (ii)
19five times the total value of all items received in violation
20of Article 10. A person who intentionally violates any
21provision of Article 10 is guilty of a business offense and
22subject to a fine of at least $1,001 and up to $5,000.
23    (d) Any person who intentionally makes a false report
24alleging a violation of any provision of this Act to an ethics
25commission, an inspector general, the State Police, a State's

 

 

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1Attorney, the Attorney General, or any other law enforcement
2official is guilty of a Class A misdemeanor.
3    (e) An ethics commission may levy an administrative fine of
4up to $5,000 against any person who violates this Act, who
5intentionally obstructs or interferes with an investigation
6conducted under this Act by an inspector general, or who
7intentionally makes a false, frivolous, or bad faith
8allegation.
9    (f) In addition to any other penalty that may apply,
10whether criminal or civil, a State employee who intentionally
11violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
125-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1325-90 is subject to discipline or discharge by the appropriate
14ultimate jurisdictional authority.
15(Source: P.A. 96-555, eff. 8-18-09.)