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90_HB3807
New Act
5 ILCS 420/1-109 from Ch. 127, par. 601-109
5 ILCS 420/1-110 from Ch. 127, par. 601-110
5 ILCS 420/2-105 new
5 ILCS 420/2-106 new
5 ILCS 420/2-107 new
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. Prohibits former
legislators from lobbying the General Assembly for
compensation during the first year after leaving office.
Prohibits certain lobbying and personal service contracts by
certain partisan legislative staff and executive branch
officers and employees during the first year after leaving
State service. Makes violation a Class A misdemeanor
punishable by a fine of up to $10,000. 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 aggregate value of all such items from
8 one source is less than $25 per calendar year; 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 Section 85. The Illinois Governmental Ethics Act is
18 amended by changing Sections 1-109 and 1-110 and adding
19 Sections 2-105, 2-106, and 2-107 as follows:
20 (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
21 Sec. 1-109. "Lobbying" has the meaning given in Section 2
22 of the Lobbyist Registration Act means promoting or opposing
23 in any manner the passage by the General Assembly of any
24 legislative matter affecting the interests of any individual,
25 association or corporation as distinct from those of the
26 people of the State as a whole.
27 (Source: Laws 1967, p. 3401.)
28 (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
29 Sec. 1-110. "Lobbyist" means any person required to be
30 registered under the Lobbyist Registration Act "An Act
31 concerning lobbying and providing a penalty for violation
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1 thereof", approved July 10, 1957, as amended.
2 (Source: Laws 1967, p. 3401)
3 (5 ILCS 420/2-105 new)
4 Sec. 2-105. Lobbying by former legislators. No person,
5 within one year after having been a legislator, may engage in
6 lobbying of the General Assembly for which he or she accepts
7 compensation. Nothing in this Section prohibits a former
8 legislator from lobbying without compensation.
9 A violation of this Section constitutes a Class A
10 misdemeanor for which a fine of up to $10,000 may be imposed.
11 Each violation of this Section constitutes a separate
12 offense.
13 (5 ILCS 420/2-106 new)
14 Sec. 2-106. Lobbying by certain partisan legislative
15 staff members; personal service contracts. No person employed
16 as a partisan staff member for the General Assembly who
17 receives an annual salary or compensation of $40,000 or more
18 may, within one year after the termination of that
19 employment, (i) engage in lobbying of the General Assembly
20 for which he or she accepts compensation or (ii) enter into a
21 contract with the General Assembly for the performance of
22 personal services for the General Assembly for which he or
23 she accepts compensation. This Section does not prohibit a
24 person from lobbying or performing personal services without
25 compensation. The amount of salary or compensation specified
26 in this paragraph shall be adjusted annually to incorporate
27 the most recent "Employment Cost Index, Wages and Salaries,
28 By Occupation and Industry Groups: State and Local Government
29 Workers: Public Administration" published by the United
30 States Department of Labor, Bureau of Labor Statistics.
31 A violation of this Section constitutes a Class A
32 misdemeanor for which a fine of up to $10,000 may be imposed.
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1 Each violation of this Section constitutes a separate
2 offense.
3 (5 ILCS 420/2-107 new)
4 Sec. 2-107. Lobbying by State officers and employees;
5 personal service contracts. No officer or employee of the
6 executive branch of State government who receives an annual
7 salary or compensation of $40,000 or more may, within one
8 year after the termination of that office or employment, (i)
9 engage in lobbying, for which he or she receives
10 compensation, of the department, agency, board, commission,
11 constitutional office, or other entity that employed him or
12 her or (ii) enter into a contract with the department,
13 agency, board, commission, constitutional office, or other
14 entity that employed the person, for which the person
15 receives compensation, for the performance of personal
16 services for that department, agency, board, commission,
17 constitutional office, or other entity. This Section does not
18 prohibit a person from lobbying or performing personal
19 services without compensation. The amount of salary or
20 compensation specified in this paragraph shall be adjusted
21 annually to incorporate the most recent "Employment Cost
22 Index, Wages and Salaries, By Occupation and Industry Groups:
23 State and Local Government Workers: Public Administration"
24 published by the United States Department of Labor, Bureau of
25 Labor Statistics.
26 A violation of this Section constitutes a Class A
27 misdemeanor for which a fine of up to $10,000 may be imposed.
28 Each violation of this Section constitutes a separate
29 offense.
30 (5 ILCS 420/2-110 rep.)
31 (5 ILCS 420/3-101 rep.)
32 Section 90. The Illinois Governmental Ethics Act is
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1 amended by repealing Sections 2-110 and 3-101.
2 Section 95. The Lobbyist Registration Act is amended by
3 changing Sections 3 and 6 as follows:
4 (25 ILCS 170/3) (from Ch. 63, par. 173)
5 Sec. 3. Persons required to register.
6 (a) Except as provided in Sections 4 and 9, the
7 following persons shall register with the Secretary of State
8 as provided herein:
9 (1) Any person who, for compensation or otherwise,
10 either individually or as an employee or contractual
11 employee of another person, undertakes to influence
12 executive, legislative or administrative action.
13 (2) Any person who employs another person for the
14 purposes of influencing executive, legislative or
15 administrative action.
16 (b) It is a violation of this Act to engage in lobbying
17 or to employ any person for the purpose of lobbying who is
18 not registered with the Office of the Secretary of State,
19 except upon condition that the person register and the person
20 does in fact register within 10 working days of an agreement
21 to conduct any lobbying activity.
22 (Source: P.A. 88-187.)
23 (25 ILCS 170/6) (from Ch. 63, par. 176)
24 Sec. 6. Reports.
25 (a) Except as otherwise provided in this Section, every
26 person required to register as prescribed in Section 3 shall
27 report under oath to the Secretary of State all expenditures
28 for lobbying made or incurred by the lobbyist on his behalf
29 or the behalf of his employer. In the case where an
30 individual is solely employed by another person to perform
31 job related functions any part of which includes lobbying,
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1 the employer shall be responsible for reporting all lobbying
2 expenditures incurred on the employer's behalf as shall be
3 identified by the lobbyist to the employer preceding such
4 report. Persons who contract with another person to perform
5 lobbying activities shall be responsible for reporting all
6 lobbying expenditures incurred on the employer's behalf. Any
7 additional lobbying expenses incurred by the employer which
8 are separate and apart from those incurred by the contractual
9 employee shall be reported by the employer.
10 (b) The report shall itemize each individual expenditure
11 or transaction over $100 and shall include the name of the
12 person official on whose behalf the expenditure was made, the
13 name of the client on whose behalf the expenditure was made,
14 the total amount of the expenditure, the date on which the
15 expenditure occurred and the subject matter of the lobbying
16 activity, if any.
17 Expenditures attributable to lobbying officials shall be
18 listed and reported according to the following categories:
19 (1) travel and lodging on behalf of others.
20 (2) meals, beverages and other entertainment.
21 (3) gifts.
22 (4) honoraria.
23 Individual expenditures required to be reported as
24 described herein which are equal to or less than $100 in
25 value need not be itemized but are required to be categorized
26 and reported by officials in an aggregate total in a manner
27 prescribed by rule of the Secretary of State.
28 Expenditures incurred for hosting receptions, benefits
29 and other large gatherings held for purposes of goodwill or
30 otherwise to influence executive, legislative or
31 administrative action to which there are 25 or more State
32 officials invited shall be reported listing only the total
33 amount of the expenditure, the date of the event, and the
34 estimated number of officials in attendance.
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1 Each individual expenditure required to be reported shall
2 include all expenses made for or on behalf of any persons
3 State officials and members of the immediate family of those
4 persons.
5 The category travel and lodging includes, but is not
6 limited to, all travel and living accommodations made for or
7 on behalf of persons State officials in the capital during
8 sessions of the General Assembly.
9 Reasonable and bona fide expenditures made by the
10 registrant who is a member of a legislative or State study
11 commission or committee while attending and participating in
12 meetings and hearings of such commission or committee need
13 not be reported.
14 Reasonable and bona fide expenditures made by the
15 registrant for personal sustenance, lodging, travel, office
16 expenses and clerical or support staff need not be reported.
17 Salaries, fees, and other compensation paid to the
18 registrant for the purposes of lobbying need not be reported.
19 Any contributions required to be reported under Article 9
20 of the Election Code need not be reported.
21 Gifts and honoraria returned to the registrant within 30
22 days of the date of receipt need not be reported.
23 (c) Reports under this Section shall be filed by July
24 31, for expenditures from the previous January 1 through the
25 later of June 30 or the final day of the regular General
26 Assembly session, and by January 31, for expenditures from
27 the entire previous calendar year.
28 Registrants who made no reportable expenditures during a
29 reporting period shall file a report stating that no
30 expenditures were incurred. Such reports shall be filed in
31 accordance with the deadlines as prescribed in this
32 subsection.
33 A registrant who terminates employment or duties which
34 required him to register under this Act shall give the
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1 Secretary of State, within 30 days after the date of such
2 termination, written notice of such termination and shall
3 include therewith a report of the expenditures described
4 herein, covering the period of time since the filing of his
5 last report to the date of termination of employment. Such
6 notice and report shall be final and relieve such registrant
7 of further reporting under this Act, unless and until he
8 later takes employment or assumes duties requiring him to
9 again register under this Act.
10 (d) Failure to file any such report within the time
11 designated or the reporting of incomplete information shall
12 constitute a violation of this Act.
13 A registrant shall preserve for a period of 2 years all
14 receipts and records used in preparing reports under this
15 Act.
16 (e) Within 30 days after a filing deadline, the lobbyist
17 shall notify each person official on whose behalf an
18 expenditure has been reported. Notification shall include
19 the name of the registrant, the total amount of the
20 expenditure, the date on which the expenditure occurred, and
21 the subject matter of the lobbying activity.
22 (Source: P.A. 90-78, eff. 1-1-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.