[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_HB1464sam001
LRB9102895JMdvam
1 AMENDMENT TO HOUSE BILL 1464
2 AMENDMENT NO. . Amend House Bill 1464 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Local Gift Ban Act.
6 Section 5. Definitions. As used in this Act:
7 "Commission" means an ethics commission created by a unit
8 of local government or school district as authorized by this
9 Act.
10 "Elected official" means a person elected or appointed to
11 an elective office in a unit of local government or school
12 district.
13 "Employee" means all full-time or part-time employees,
14 elected officials, and appointed officials of units of local
15 government, school districts, and the subsidiary bodies of
16 units of local government and school districts. The
17 inclusion or exclusion of elected and appointed officials who
18 are non-salaried within the term "employee" is determined in
19 accordance with Sections 40 and 45.
20 "Gift" means any gratuity, discount, entertainment,
21 hospitality, loan, forbearance, or other tangible or
22 intangible item having monetary value including, but not
-2- LRB9102895JMdvam
1 limited to, cash, food and drink, and honoraria for speaking
2 engagements related to or attributable to government
3 employment or the official position of an employee.
4 "Political organization" means a party, committee,
5 association, fund, or other organization (whether or not
6 incorporated) organized and operated primarily for the
7 purpose of directly or indirectly accepting contributions or
8 making expenditures, or both, for the function of influencing
9 or attempting to influence the selection, nomination,
10 election, or appointment of any individual to any federal,
11 state, or local public office or office in a political
12 organization, or the election of Presidential or
13 Vice-Presidential electors, whether or not the individual or
14 electors are selected, nominated, elected, or appointed. The
15 term includes an organization that makes expenditures
16 relating to an office described in the preceding sentence
17 which, if incurred by the individual, would be allowable as a
18 federal income tax deduction for trade or business expenses.
19 "Prohibited source" means any person or entity who:
20 (1) is seeking official action by the employee, by
21 another employee directing the first employee, or by the
22 employee's unit of local government or school district.
23 (2) does business or seeks to do business with the
24 employee, with another employee directing the first
25 employee, or with the employee's unit of local government
26 or school district;
27 (3) conducts activities regulated by the employee,
28 by another employee directing the first employee, or by
29 the employee's unit of local government or school
30 district;
31 (4) has interests that may be substantially
32 affected by the performance or non-performance of the
33 official duties of the employee; or
34 (5) is subject to an ordinance or resolution of the
-3- LRB9102895JMdvam
1 employee's unit of local government or school district
2 that regulates lobbying as authorized by the Lobbyist
3 Registration Act.
4 "Subsidiary body of a unit of local government or school
5 district" means any board, commission, or committee, created
6 or authorized by statute or ordinance, of a unit of local
7 government or school district.
8 "Ultimate jurisdictional authority" means the following:
9 (1) For an employee who is not an elected official,
10 the elected or appointed official or subsidiary body of a
11 unit of local government or school district with ultimate
12 power to discipline the employee.
13 (2) For an elected official, the governing body of
14 the unit of local government or school district of which
15 he or she is an elected official.
16 "Unit of local government" is defined as in Section 1 of
17 Article VII of the Illinois Constitution.
18 Section 10. Gift ban. Except as otherwise provided in
19 this Act, no employee shall solicit or accept any gift from
20 any prohibited source or in violation of any federal or State
21 statute, rule, or regulation or any ordinance or resolution.
22 This ban applies to and includes spouses of and immediate
23 family living with the employee. No prohibited source shall
24 offer or make a gift that violates this Section.
25 Section 15. Exceptions. The restriction in Section 10
26 does not apply to the following:
27 (1) Anything for which the employee pays the market
28 value or anything not used and promptly disposed of as
29 provided in Section 25.
30 (2) A contribution, as defined in Article 9 of the
31 Election Code, that is lawfully made under that Code or
32 attendance at a fundraising event sponsored by a political
-4- LRB9102895JMdvam
1 organization.
2 (3) A gift from a relative, meaning those people related
3 to the individual as father, mother, son, daughter, brother,
4 sister, uncle, aunt, great aunt, great uncle, first cousin,
5 nephew, niece, husband, wife, grandfather, grandmother,
6 grandson, granddaughter, father-in-law, mother-in-law,
7 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
8 stepfather, stepmother, stepson, stepdaughter, stepbrother,
9 stepsister, half brother, or half sister, and including the
10 father, mother, grandfather, or grandmother of the
11 individual's spouse and the individual's fiance or fiancee.
12 (4) Anything provided by an individual on the basis of a
13 personal friendship unless the employee has reason to believe
14 that, under the circumstances, the gift was provided because
15 of the official position or employment of the employee and
16 not because of the personal friendship.
17 In determining whether a gift is provided on the basis of
18 personal friendship, the employee shall consider the
19 circumstances under which the gift was offered, such as:
20 (i) the history of the relationship between the
21 individual giving the gift and the recipient of the gift,
22 including any previous exchange of gifts between those
23 individuals;
24 (ii) whether to the actual knowledge of the
25 employee the individual who gave the gift personally paid
26 for the gift or sought a tax deduction or business
27 reimbursement for the gift; and
28 (iii) whether to the actual knowledge of the
29 employee the individual who gave the gift also at the
30 same time gave the same or similar gifts to other
31 employees.
32 (5) A commercially reasonable loan evidenced in writing
33 with repayment due by a date certain made in the ordinary
34 course of the lender's business.
-5- LRB9102895JMdvam
1 (6) A contribution or other payments to a legal defense
2 fund established for the benefit of an employee that is
3 otherwise lawfully made.
4 (7) Intra-office and inter-office gifts. For the
5 purpose of this Act, "intra-office gifts" and "inter-office
6 gifts" mean:
7 (i) any gift given to an employee of a unit of
8 local government or school district from another employee
9 of that unit of local government or school district;
10 (ii) any gift given to an employee of a unit of
11 local government or school district from an employee of
12 another unit of local government or school district; or
13 (iii) any gift given to an employee of a unit of
14 local government or school district from a member, judge,
15 officer, or employee subject to the State Gift Ban Act,
16 as those terms are defined in that Act.
17 (8) Food, refreshments, lodging, transportation, and
18 other benefits:
19 (i) resulting from the outside business or
20 employment activities (or outside activities that are not
21 connected to the duties of the employee as an employee)
22 of the employee or the spouse of the employee, if the
23 benefits have not been offered or enhanced because of the
24 official position or employment of the employee and are
25 customarily provided to others in similar circumstances;
26 (ii) customarily provided by a prospective employer
27 in connection with bona fide employment discussions; or
28 (iii) provided by a political organization in
29 connection with a fundraising or campaign event sponsored
30 by that organization.
31 (9) Pension and other benefits resulting from continued
32 participation in an employee welfare and benefits plan.
33 (10) Informational materials that are sent to the office
34 of the employee in the form of books, articles, periodicals,
-6- LRB9102895JMdvam
1 other written materials, audiotapes, videotapes, or other
2 forms of communication.
3 (11) Awards or prizes that are given to competitors in
4 contests or events open to the public, including random
5 drawings.
6 (12) Honorary degrees (and associated travel, food,
7 refreshments, and entertainment provided in the presentation
8 of degrees and awards).
9 (13) Training (including food and refreshments furnished
10 to all attendees as an integral part of the training)
11 provided to an employee if the training is in the interest of
12 the unit of local government or school district.
13 (14) Educational missions, including meetings with
14 government officials either foreign or domestic, intended to
15 educate public officials on matters of public policy, to
16 which the employee may be invited to participate along with
17 other federal, state, or local public officials and community
18 leaders.
19 (15) Bequests, inheritances, and other transfers at
20 death.
21 (16) Anything that is paid for by the federal
22 government, the State, a unit of local government, or a
23 school district, or secured by the government under a
24 government contract.
25 (17) A gift of personal hospitality of an individual
26 other than a regulated lobbyist or agent of a foreign
27 principal, including hospitality extended for a nonbusiness
28 purpose by an individual, not a corporation or organization,
29 at the personal residence of that individual or the
30 individual's family or on property or facilities owned by
31 that individual or the individual's family.
32 (18) Free attendance at a widely attended event
33 permitted under Section 20.
34 (19) Opportunities and benefits that are:
-7- LRB9102895JMdvam
1 (i) available to the public or to a class
2 consisting of all employees whether or not restricted on
3 the basis of geographic consideration;
4 (ii) offered to members of a group or class in
5 which membership is unrelated to employment or official
6 position;
7 (iii) offered to members of an organization such as
8 an employee's association or credit union, in which
9 membership is related to employment or official position
10 and similar opportunities are available to large segments
11 of the public through organizations of similar size;
12 (iv) offered to any group or class that is not
13 defined in a manner that specifically discriminates among
14 government employees on the basis of branch of government
15 or type of responsibility, or on a basis that favors
16 those of higher rank or rate of pay;
17 (v) in the form of loans from banks and other
18 financial institutions on terms generally available to
19 the public; or
20 (vi) in the form of reduced membership or other
21 fees for participation in organization activities offered
22 to all government employees by professional organizations
23 if the only restrictions on membership relate to
24 professional qualifications.
25 (20) A plaque, trophy, or other item that is
26 substantially commemorative in nature and that is extended
27 for presentation.
28 (21) Golf or tennis; food or refreshments of nominal
29 value and catered food or refreshments; meals or beverages
30 consumed on the premises from which they were purchased.
31 (22) Donations of products from an Illinois company that
32 are intended primarily for promotional purposes, such as
33 display or free distribution, and are of minimal value to any
34 individual recipient.
-8- LRB9102895JMdvam
1 (23) An item of nominal value such as a greeting card,
2 baseball cap, or T-shirt.
3 Section 20. Attendance at events.
4 (a) An employee may accept an offer of free attendance
5 at a widely attended convention, conference, symposium,
6 forum, panel discussion, dinner, viewing, reception, or
7 similar event, provided by the sponsor of the event, if:
8 (1) the employee participates in the event as a
9 speaker or a panel participant, by presenting information
10 related to government, or by performing a ceremonial
11 function appropriate to the employee's official position
12 or employment; or
13 (2) attendance at the event is appropriate to the
14 performance of civic affairs in Illinois or the official
15 duties or representative function of the employee.
16 (b) An employee who attends an event described in
17 subsection (a) may accept a sponsor's unsolicited offer of
18 free attendance at the event for an accompanying individual.
19 (c) An employee, or the spouse or dependent of an
20 employee, may accept a sponsor's unsolicited offer of free
21 attendance at a charity event, except that reimbursement for
22 transportation and lodging may not be accepted in connection
23 with the event.
24 (d) For purposes of this Section, the term "free
25 attendance" may include waiver of all or part of a conference
26 or other fee, the provision of transportation, or the
27 provision of food, refreshments, entertainment, and
28 instructional materials furnished to all attendees as an
29 integral part of the event. The term does not include
30 entertainment collateral to the event, nor does it include
31 food or refreshments taken other than in a group setting with
32 all or substantially all other attendees, except as
33 authorized under subsection (21) of Section 15.
-9- LRB9102895JMdvam
1 Section 25. Disposition of gifts. The recipient of a
2 gift that is given in violation of this Act may, at his or
3 her discretion, return the item to the donor or give the item
4 or an amount equal to its value to an appropriate charity.
5 Section 30. Reimbursement.
6 (a) A reimbursement (including payment in kind) to an
7 employee from a private source other than a regulated
8 lobbyist or agent of a foreign principal for necessary
9 transportation, lodging, and related expenses for travel to a
10 meeting, speaking engagement, fact finding trip, or similar
11 event in connection with the duties of the employee as an
12 employee shall be deemed to be a reimbursement to the unit of
13 local government or school district and not a gift prohibited
14 by this Act if the employee:
15 (1) discloses the expenses reimbursed or to be
16 reimbursed and the authorization to the fiscal officer or
17 similar authority within 30 days after the travel is
18 completed; and
19 (2) in the case of an employee under direct
20 supervision of another employee, receives advance
21 authorization from the supervising employee to accept
22 reimbursement.
23 (b) For purposes of subsection (a), events, the
24 activities of which are substantially recreational in nature,
25 shall not be considered to be in connection with the duties
26 of an employee as an employee.
27 (c) Each advance authorization to accept reimbursement
28 shall be signed by the employee under whose direct
29 supervision the employee works and shall include:
30 (1) the name of the employee;
31 (2) the name of the person who will make the
32 reimbursement;
33 (3) the time, place, and purpose of the travel; and
-10- LRB9102895JMdvam
1 (4) a determination that the travel is in
2 connection with the duties of the employee as an employee
3 and would not create the appearance that the employee is
4 using public employment for private gain.
5 (d) Each disclosure made under subsection (a) of
6 expenses reimbursed or to be reimbursed shall be signed by
7 the employee or, in the case of an employee under direct
8 supervision of another employee, by the supervising employee
9 and shall include:
10 (1) a good faith estimate of total transportation
11 expenses reimbursed or to be reimbursed;
12 (2) a good faith estimate of total lodging expenses
13 reimbursed or to be reimbursed;
14 (3) a good faith estimate of total meal expenses
15 reimbursed or to be reimbursed;
16 (4) a good faith estimate of the total of other
17 expenses reimbursed or to be reimbursed; and
18 (5) a determination that all those expenses are
19 necessary transportation, lodging, and related expenses.
20 Section 35. Ethics officer. Each unit of local
21 government and school district must designate an ethics
22 officer for the unit of local government or school district.
23 An ethics officer may be the unit of local government's or
24 school district's general counsel or other employee or may be
25 an outside person or entity. An ethics officer must:
26 (1) review statements of economic interests and
27 disclosure forms of employees before they are filed with
28 the county clerk; and
29 (2) provide guidance to employees in the
30 interpretation and implementation of this Act.
31 Section. 37. Further restrictions. A unit of local
32 government or school district may adopt or maintain policies
-11- LRB9102895JMdvam
1 that are more restrictive than those set forth in this Act.
2 Section 40. County ethics commission.
3 (a) The corporate authorities of each county must create
4 an ethics commission by ordinance and must appoint the
5 commission within 60 days after the effective date of this
6 Act. The commission must consist of 3, 5, or 7 members, all
7 of whom must be residents of the county.
8 (b) The ordinance must specify whether appointed and
9 elected officials who are non-salaried are exempt from the
10 application of this Act.
11 (c) Commission members may be reimbursed for their
12 reasonable expenses actually incurred in the performance of
13 their duties.
14 (d) In addition to complaints alleging violations of
15 this Act by county employees, a county ethics commission must
16 investigate complaints alleging violations of this Act by
17 employees of another unit of local government or a school
18 district in accordance with subsection (b) of Section 45.
19 Section 45. Other ethics commissions.
20 (a) Except as provided in subsection (b), the corporate
21 authorities of each unit of local government, other than a
22 county, and each school district must create an ethics
23 commission by ordinance or resolution, as appropriate, and
24 appoint the commission within 60 days after the effective
25 date of this Act. The commission must consist of 3, 5, or 7
26 members, all of whom must be residents of the unit of local
27 government or school district. The ordinance or resolution
28 must specify whether appointed and elected officials who are
29 non-salaried are exempt from the application of this Act.
30 Commission members may be reimbursed for their reasonable
31 expenses actually incurred in the performance of their
32 duties.
-12- LRB9102895JMdvam
1 (b) A unit of local government, other than a county, or
2 school district may provide by ordinance or resolution, as
3 appropriate, that complaints alleging violations of this Act
4 by its employees must be filed with and investigated by the
5 ethics commission of the county in which the majority of the
6 territory of the unit of local government or school district
7 lies. The ordinance or resolution must specify whether
8 appointed and elected officials who are non-salaried are
9 exempt from the application of this Act. The unit of local
10 government or school district must provide the corporate
11 authorities of the county with a copy of that ordinance or
12 resolution. The county ethics commission must then act as
13 the ethics commission for the unit of local government or
14 school district.
15 The unit of local government or school district may enter
16 into intergovernmental agreements with the county in
17 accordance with Section 10 of Article VII of the Illinois
18 Constitution for the implementation of this subsection,
19 including payment of the county ethics commission's
20 reasonable expenses incurred in investigating complaints
21 filed against and recommending disciplinary measures for
22 employees of the unit of local government or school district.
23 Section 50. Staff. Each commission may employ necessary
24 staff persons and may contract for services that cannot be
25 satisfactorily performed by the staff.
26 Section 55. Powers and duties. Each commission shall
27 have the following powers and duties:
28 (1) To promulgate procedures and rules governing the
29 performance of its duties and the exercise of its powers.
30 (2) Upon receipt of a signed, notarized, written
31 complaint, to investigate, conduct research, conduct closed
32 hearings and deliberations, issue recommendations, and impose
-13- LRB9102895JMdvam
1 a fine.
2 (3) To act only upon the receipt of a written complaint
3 alleging a violation of this Act and not upon its own
4 prerogative.
5 (4) To receive information from the public pertaining to
6 its investigations and to require additional information and
7 documents from persons who may have violated this Act.
8 (5) To subpoena witnesses and compel the production of
9 books and papers pertinent to an investigation authorized by
10 this Act.
11 (6) To request that the State's Attorney provide legal
12 advice without charge to the commission.
13 (7) To prepare and publish manuals and guides explaining
14 the duties of individuals covered by this Act.
15 (8) To prepare public information materials to
16 facilitate compliance, implementation, and enforcement of
17 this Act.
18 (9) To submit to each commissioner's respective
19 appointing authority or authorities an annual statistical
20 report for each year consisting of (i) the number of
21 complaints filed, (ii) the number of complaints deemed to
22 sufficiently allege a violation of this Act, (iii) the
23 recommendation, fine, or decision issued for each complaint,
24 (iv) the number of complaints resolved, and (v) the status of
25 pending complaints.
26 The powers and duties of a commission are limited to
27 matters clearly within the purview of this Act.
28 Section 60. Complaint procedure.
29 (a) Complaints alleging the violation of this Act shall
30 be filed with the appropriate ethics commission as follows:
31 (1) If the complaint alleges a violation by an
32 employee of a county, then the complaint shall be filed
33 with the ethics commission of that county.
-14- LRB9102895JMdvam
1 (2) If the complaint alleges a violation by an
2 employee of a unit of local government other than a
3 county or of a school district, then the complaint shall
4 be filed with the ethics commission of that unit of local
5 government or school district or the ethics commission of
6 the appropriate county if the unit of local government or
7 school district has no ethics commission.
8 Any complaint received by or incident reported to an
9 employee alleging the violation of this Act shall be
10 forwarded to the appropriate commission. The complaint shall
11 not be properly filed until submitted to the appropriate
12 commission.
13 (b) Within 3 business days after the receipt of an
14 ethics complaint, the commission shall send by certified
15 mail, return receipt requested, a notice to the respondent
16 that a complaint has been filed against him or her and a copy
17 of the complaint. The commission shall send by certified
18 mail, return receipt requested, a confirmation of the receipt
19 of the complaint to the complainant within 3 business days
20 after the submittal to the commission. The notices to the
21 respondent and the complainant shall also advise them of the
22 date, time, and place of the meeting on the sufficiency of
23 the complaint and probable cause.
24 (c) Upon at least 24 hours' public notice of the
25 session, the commission shall meet in a closed session to
26 review the sufficiency of the complaint and, if the complaint
27 is deemed to sufficiently allege a violation of this Act, to
28 determine if there is probable cause, based on evidence
29 presented by the complainant, to proceed. The commission
30 shall issue notice to the complainant and the respondent of
31 the commission's ruling on the sufficiency of the complaint
32 and, if necessary, on probable cause within 7 business days
33 after receiving the complaint. If the complaint is deemed to
34 sufficiently allege a violation of this Act and there is a
-15- LRB9102895JMdvam
1 determination of probable cause, then the commission's notice
2 to the parties shall include a hearing date scheduled within
3 4 weeks after the complaint's receipt. If the complaint is
4 deemed not to sufficiently allege a violation or if there is
5 no determination of probable cause, then the commission shall
6 send by certified mail, return receipt requested, a notice to
7 the parties of the decision to dismiss the complaint, and
8 that notice shall be made public.
9 (d) On the scheduled date and upon at least 24 hours'
10 public notice of the meeting, the commission shall conduct a
11 closed meeting on the complaint and allow both parties the
12 opportunity to present testimony and evidence.
13 (e) Within 6 weeks after the complaint's receipt, the
14 commission shall (i) dismiss the complaint or (ii) issue a
15 preliminary recommendation to the alleged violator and to the
16 violator's ultimate jurisdictional authority or impose a fine
17 upon the violator, or both. The particular findings in the
18 instant case, the preliminary recommendation, and any fine
19 shall be made public.
20 (f) Within 7 business days after the issuance of the
21 preliminary recommendation or imposition of a fine, or both,
22 the respondent may file a written demand for a public hearing
23 on the complaint. The filing of the demand shall stay the
24 enforcement of the preliminary recommendation or fine.
25 Within 2 weeks after receiving the demand, the commission
26 shall conduct a public hearing on the complaint after at
27 least 24 hours' public notice of the hearing and allow both
28 parties the opportunity to present testimony and evidence.
29 Within 5 business days, the commission shall publicly issue a
30 final recommendation to the alleged violator and to the
31 violator's ultimate jurisdictional authority or impose a fine
32 upon the violator, or both.
33 (g) If a complaint is filed during the 60 days preceding
34 the date of any election at which the respondent is a
-16- LRB9102895JMdvam
1 candidate, the commission shall render its decision as
2 required under subsection (e) within 7 days after the
3 complaint is filed, and during the 7 days preceding that
4 election, the commission shall render such decision before
5 the date of that election, if possible.
6 (h) A commission may levy a fine of up to $5,000 against
7 any person who knowingly files a frivolous complaint alleging
8 a violation of this Act.
9 (i) A complaint alleging the violation of this Act must
10 be filed within one year after the alleged violation.
11 Section 65. Enforcement.
12 (a) A commission may recommend to a person's ultimate
13 jurisdictional authority disciplinary action against the
14 person it determines to be in violation of this Act. The
15 recommendation may prescribe the following courses of action:
16 (1) A reprimand.
17 (2) To cease and desist the offensive action.
18 (3) A return or refund of money or other items, or
19 an amount of restitution for services, received in
20 violation of this Act.
21 (4) Dismissal, removal from office, or expulsion.
22 (5) Donation to a charity of an amount equal to the
23 gift.
24 (b) A commission may impose a fine of up to $1,000 per
25 violation to be deposited into the general fund of the
26 violating employee's unit of local government or school
27 district.
28 (c) An employee's ultimate jurisdictional authority may
29 take disciplinary action against an employee (i) who violates
30 this Act, (ii) who is the subject of a recommendation by an
31 ethics commission, or (iii) described by both items (i) and
32 (ii).
33 The ultimate jurisdictional authority may take
-17- LRB9102895JMdvam
1 disciplinary action recommended by an ethics commission, if
2 any, or as it deems appropriate, to the extent it has
3 constitutional and statutory authority to take that action.
4 The ultimate jurisdictional authority shall make its
5 action, or determination to take no action, available to the
6 public.
7 (d) If after a hearing the commission finds no violation
8 of this Act, the commission shall dismiss the complaint.
9 Section 70. Penalty. An individual who knowingly
10 violates this Act is guilty of a business offense and subject
11 to a fine of up to $5,000.
12 Section 73. Review. A commission's decision to dismiss
13 a complaint or its recommendation is not a final
14 administrative decision, but its imposition of a fine is a
15 final administrative decision subject to judicial review
16 under the Administrative Review Law of the Code of Civil
17 Procedure.
18 Section 75. Exemption. The proceedings conducted and
19 documents generated under this Act are exempt from the
20 provisions of the Open Meetings Act and the Freedom of
21 Information Act.
22 Section 80. Home rule preemption. A home rule unit may
23 not regulate the prohibition of gifts to employees or the
24 enforcement of these provisions in a manner inconsistent with
25 this Act. This Section is a limitation under subsection (i)
26 of Section 6 of Article VII of the Illinois Constitution on
27 the concurrent exercise by home rule units of powers and
28 functions exercised by the State.
29 Section 205. The Open Meetings Act is amended by
-18- LRB9102895JMdvam
1 changing Section 1.02 as follows:
2 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
3 Sec. 1.02. For the purposes of this Act:
4 "Meeting" means any gathering of a majority of a quorum
5 of the commissioners of a public body held for the purpose of
6 discussing public business.
7 "Public body" includes all legislative, executive,
8 administrative or advisory bodies of the state, counties,
9 townships, cities, villages, incorporated towns, school
10 districts and all other municipal corporations, boards,
11 bureaus, committees or commissions of this State, and any
12 subsidiary bodies of any of the foregoing including but not
13 limited to committees and subcommittees which are supported
14 in whole or in part by tax revenue, or which expend tax
15 revenue, except the General Assembly and committees or
16 commissions thereof. "Public body" includes tourism boards
17 and convention or civic center boards located in counties
18 that are contiguous to the Mississippi River with populations
19 of more than 250,000 but less than 300,000. "Public body"
20 does not include a child death review team established under
21 the Child Death Review Team Act or an ethics commission,
22 ethics officer, or ultimate jurisdictional authority acting
23 under the State Gift Ban Act as provided by Section 80 of
24 that Act or the Local Gift Ban Act as provided by Section 75
25 of that Act.
26 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99.)
27 Section 210. The Freedom of Information Act is amended
28 by changing Section 7 as follows:
29 (5 ILCS 140/7) (from Ch. 116, par. 207)
30 Sec. 7. Exemptions.
31 (1) The following shall be exempt from inspection and
-19- LRB9102895JMdvam
1 copying:
2 (a) Information specifically prohibited from
3 disclosure by federal or State law or rules and
4 regulations adopted under federal or State law.
5 (b) Information that, if disclosed, would
6 constitute a clearly unwarranted invasion of personal
7 privacy, unless the disclosure is consented to in writing
8 by the individual subjects of the information. The
9 disclosure of information that bears on the public duties
10 of public employees and officials shall not be considered
11 an invasion of personal privacy. Information exempted
12 under this subsection (b) shall include but is not
13 limited to:
14 (i) files and personal information maintained
15 with respect to clients, patients, residents,
16 students or other individuals receiving social,
17 medical, educational, vocational, financial,
18 supervisory or custodial care or services directly
19 or indirectly from federal agencies or public
20 bodies;
21 (ii) personnel files and personal information
22 maintained with respect to employees, appointees or
23 elected officials of any public body or applicants
24 for those positions;
25 (iii) files and personal information
26 maintained with respect to any applicant, registrant
27 or licensee by any public body cooperating with or
28 engaged in professional or occupational
29 registration, licensure or discipline;
30 (iv) information required of any taxpayer in
31 connection with the assessment or collection of any
32 tax unless disclosure is otherwise required by State
33 statute; and
34 (v) information revealing the identity of
-20- LRB9102895JMdvam
1 persons who file complaints with or provide
2 information to administrative, investigative, law
3 enforcement or penal agencies; provided, however,
4 that identification of witnesses to traffic
5 accidents, traffic accident reports, and rescue
6 reports may be provided by agencies of local
7 government, except in a case for which a criminal
8 investigation is ongoing, without constituting a
9 clearly unwarranted per se invasion of personal
10 privacy under this subsection.
11 (c) Records compiled by any public body for
12 administrative enforcement proceedings and any law
13 enforcement or correctional agency for law enforcement
14 purposes or for internal matters of a public body, but
15 only to the extent that disclosure would:
16 (i) interfere with pending or actually and
17 reasonably contemplated law enforcement proceedings
18 conducted by any law enforcement or correctional
19 agency;
20 (ii) interfere with pending administrative
21 enforcement proceedings conducted by any public
22 body;
23 (iii) deprive a person of a fair trial or an
24 impartial hearing;
25 (iv) unavoidably disclose the identity of a
26 confidential source or confidential information
27 furnished only by the confidential source;
28 (v) disclose unique or specialized
29 investigative techniques other than those generally
30 used and known or disclose internal documents of
31 correctional agencies related to detection,
32 observation or investigation of incidents of crime
33 or misconduct;
34 (vi) constitute an invasion of personal
-21- LRB9102895JMdvam
1 privacy under subsection (b) of this Section;
2 (vii) endanger the life or physical safety of
3 law enforcement personnel or any other person; or
4 (viii) obstruct an ongoing criminal
5 investigation.
6 (d) Criminal history record information maintained
7 by State or local criminal justice agencies, except the
8 following which shall be open for public inspection and
9 copying:
10 (i) chronologically maintained arrest
11 information, such as traditional arrest logs or
12 blotters;
13 (ii) the name of a person in the custody of a
14 law enforcement agency and the charges for which
15 that person is being held;
16 (iii) court records that are public;
17 (iv) records that are otherwise available
18 under State or local law; or
19 (v) records in which the requesting party is
20 the individual identified, except as provided under
21 part (vii) of paragraph (c) of subsection (1) of
22 this Section.
23 "Criminal history record information" means data
24 identifiable to an individual and consisting of
25 descriptions or notations of arrests, detentions,
26 indictments, informations, pre-trial proceedings, trials,
27 or other formal events in the criminal justice system or
28 descriptions or notations of criminal charges (including
29 criminal violations of local municipal ordinances) and
30 the nature of any disposition arising therefrom,
31 including sentencing, court or correctional supervision,
32 rehabilitation and release. The term does not apply to
33 statistical records and reports in which individuals are
34 not identified and from which their identities are not
-22- LRB9102895JMdvam
1 ascertainable, or to information that is for criminal
2 investigative or intelligence purposes.
3 (e) Records that relate to or affect the security
4 of correctional institutions and detention facilities.
5 (f) Preliminary drafts, notes, recommendations,
6 memoranda and other records in which opinions are
7 expressed, or policies or actions are formulated, except
8 that a specific record or relevant portion of a record
9 shall not be exempt when the record is publicly cited and
10 identified by the head of the public body. The exemption
11 provided in this paragraph (f) extends to all those
12 records of officers and agencies of the General Assembly
13 that pertain to the preparation of legislative documents.
14 (g) Trade secrets and commercial or financial
15 information obtained from a person or business where the
16 trade secrets or information are proprietary, privileged
17 or confidential, or where disclosure of the trade secrets
18 or information may cause competitive harm, including all
19 information determined to be confidential under Section
20 4002 of the Technology Advancement and Development Act.
21 Nothing contained in this paragraph (g) shall be
22 construed to prevent a person or business from consenting
23 to disclosure.
24 (h) Proposals and bids for any contract, grant, or
25 agreement, including information which if it were
26 disclosed would frustrate procurement or give an
27 advantage to any person proposing to enter into a
28 contractor agreement with the body, until an award or
29 final selection is made. Information prepared by or for
30 the body in preparation of a bid solicitation shall be
31 exempt until an award or final selection is made.
32 (i) Valuable formulae, designs, drawings and
33 research data obtained or produced by any public body
34 when disclosure could reasonably be expected to produce
-23- LRB9102895JMdvam
1 private gain or public loss.
2 (j) Test questions, scoring keys and other
3 examination data used to administer an academic
4 examination or determined the qualifications of an
5 applicant for a license or employment.
6 (k) Architects' plans and engineers' technical
7 submissions for projects not constructed or developed in
8 whole or in part with public funds and for projects
9 constructed or developed with public funds, to the extent
10 that disclosure would compromise security.
11 (l) Library circulation and order records
12 identifying library users with specific materials.
13 (m) Minutes of meetings of public bodies closed to
14 the public as provided in the Open Meetings Act until the
15 public body makes the minutes available to the public
16 under Section 2.06 of the Open Meetings Act.
17 (n) Communications between a public body and an
18 attorney or auditor representing the public body that
19 would not be subject to discovery in litigation, and
20 materials prepared or compiled by or for a public body in
21 anticipation of a criminal, civil or administrative
22 proceeding upon the request of an attorney advising the
23 public body, and materials prepared or compiled with
24 respect to internal audits of public bodies.
25 (o) Information received by a primary or secondary
26 school, college or university under its procedures for
27 the evaluation of faculty members by their academic
28 peers.
29 (p) Administrative or technical information
30 associated with automated data processing operations,
31 including but not limited to software, operating
32 protocols, computer program abstracts, file layouts,
33 source listings, object modules, load modules, user
34 guides, documentation pertaining to all logical and
-24- LRB9102895JMdvam
1 physical design of computerized systems, employee
2 manuals, and any other information that, if disclosed,
3 would jeopardize the security of the system or its data
4 or the security of materials exempt under this Section.
5 (q) Documents or materials relating to collective
6 negotiating matters between public bodies and their
7 employees or representatives, except that any final
8 contract or agreement shall be subject to inspection and
9 copying.
10 (r) Drafts, notes, recommendations and memoranda
11 pertaining to the financing and marketing transactions of
12 the public body. The records of ownership, registration,
13 transfer, and exchange of municipal debt obligations, and
14 of persons to whom payment with respect to these
15 obligations is made.
16 (s) The records, documents and information relating
17 to real estate purchase negotiations until those
18 negotiations have been completed or otherwise terminated.
19 With regard to a parcel involved in a pending or actually
20 and reasonably contemplated eminent domain proceeding
21 under Article VII of the Code of Civil Procedure,
22 records, documents and information relating to that
23 parcel shall be exempt except as may be allowed under
24 discovery rules adopted by the Illinois Supreme Court.
25 The records, documents and information relating to a real
26 estate sale shall be exempt until a sale is consummated.
27 (t) Any and all proprietary information and records
28 related to the operation of an intergovernmental risk
29 management association or self-insurance pool or jointly
30 self-administered health and accident cooperative or
31 pool.
32 (u) Information concerning a university's
33 adjudication of student or employee grievance or
34 disciplinary cases, to the extent that disclosure would
-25- LRB9102895JMdvam
1 reveal the identity of the student or employee and
2 information concerning any public body's adjudication of
3 student or employee grievances or disciplinary cases,
4 except for the final outcome of the cases.
5 (v) Course materials or research materials used by
6 faculty members.
7 (w) Information related solely to the internal
8 personnel rules and practices of a public body.
9 (x) Information contained in or related to
10 examination, operating, or condition reports prepared by,
11 on behalf of, or for the use of a public body responsible
12 for the regulation or supervision of financial
13 institutions or insurance companies, unless disclosure is
14 otherwise required by State law.
15 (y) Information the disclosure of which is
16 restricted under Section 5-108 of the Public Utilities
17 Act.
18 (z) Manuals or instruction to staff that relate to
19 establishment or collection of liability for any State
20 tax or that relate to investigations by a public body to
21 determine violation of any criminal law.
22 (aa) Applications, related documents, and medical
23 records received by the Experimental Organ
24 Transplantation Procedures Board and any and all
25 documents or other records prepared by the Experimental
26 Organ Transplantation Procedures Board or its staff
27 relating to applications it has received.
28 (bb) Insurance or self insurance (including any
29 intergovernmental risk management association or self
30 insurance pool) claims, loss or risk management
31 information, records, data, advice or communications.
32 (cc) Information and records held by the Department
33 of Public Health and its authorized representatives
34 relating to known or suspected cases of sexually
-26- LRB9102895JMdvam
1 transmissible disease or any information the disclosure
2 of which is restricted under the Illinois Sexually
3 Transmissible Disease Control Act.
4 (dd) Information the disclosure of which is
5 exempted under Section 30 of the Radon Industry Licensing
6 Act.
7 (ee) Firm performance evaluations under Section 55
8 of the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (ff) Security portions of system safety program
11 plans, investigation reports, surveys, schedules, lists,
12 data, or information compiled, collected, or prepared by
13 or for the Regional Transportation Authority under
14 Section 2.11 of the Regional Transportation Authority Act
15 or the State of Missouri under the Bi-State Transit
16 Safety Act.
17 (gg) Information the disclosure of which is
18 restricted and exempted under Section 50 of the Illinois
19 Prepaid Tuition Act.
20 (hh) Information the disclosure of which is
21 exempted under Section 80 of the State Gift Ban Act or
22 Section 75 of the Local Gift Ban Act.
23 (ii) Beginning July 1, 1999, (hh) information that
24 would disclose or might lead to the disclosure of secret
25 or confidential information, codes, algorithms, programs,
26 or private keys intended to be used to create electronic
27 or digital signatures under the Electronic Commerce
28 Security Act.
29 (2) This Section does not authorize withholding of
30 information or limit the availability of records to the
31 public, except as stated in this Section or otherwise
32 provided in this Act.
33 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
34 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
-27- LRB9102895JMdvam
1 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
2 Section 215. The State Gift Ban Act is amended by
3 changing Sections 5, 15, and 60 as follows:
4 (5 ILCS 425/5)
5 Sec. 5. Definitions. As used in this Act:
6 "Commission" means an ethics commission created by this
7 Act.
8 "Employee" means all full-time, part-time, and
9 contractual employees, appointed and elected officials, and
10 directors of a governmental entity.
11 "Gift" means any gratuity, discount, entertainment,
12 hospitality, loan, forbearance, or other tangible or
13 intangible item having monetary value including, but not
14 limited to, cash, food and drink, and honoraria for speaking
15 engagements related to or attributable to government
16 employment or the official position of an employee, member,
17 officer, or judge.
18 "Governmental entity" means each office, board,
19 commission, agency, department, authority, institution,
20 university, body politic and corporate, administrative unit,
21 and corporate outgrowth of the executive, legislative, and
22 judicial branches of State government, whether created by the
23 Illinois Constitution, by or in accordance with statute, or
24 by executive order of the Governor. Governmental entity does
25 not include units of local government, school districts, or
26 subsidiary bodies of units of local government or school
27 districts, as defined in the Local Gift Ban Act.
28 "Judge" means judges and associate judges of the Supreme
29 Court, Appellate Courts, and Circuit Courts.
30 "Member" means a member of the General Assembly.
31 "Officer" means a State constitutional officer.
32 "Political organization" means a party, committee,
-28- LRB9102895JMdvam
1 association, fund, or other organization (whether or not
2 incorporated) organized and operated primarily for the
3 purpose of directly or indirectly accepting contributions or
4 making expenditures, or both, for the function of influencing
5 or attempting to influence the selection, nomination,
6 election, or appointment of any individual to any federal,
7 state, or local public office or office in a political
8 organization, or the election of Presidential or
9 Vice-Presidential electors, whether or not the individual or
10 electors are selected, nominated, elected, or appointed. The
11 term includes the making of expenditures relating to an
12 office described in the preceding sentence that, if incurred
13 by the individual, would be allowable as a federal income tax
14 deduction for trade or business expenses.
15 "Prohibited source" means any person or entity who:
16 (1) is seeking official action (i) by the member,
17 officer, or judge or (ii) in the case of an employee, by
18 the employee or by the member, officer, judge,
19 governmental entity, or other employee directing the
20 employee;
21 (2) does business or seeks to do business (i) with
22 the member, officer, or judge or (ii) in the case of an
23 employee, with the employee or with the member, officer,
24 judge, governmental entity, or other employee directing
25 the employee;
26 (3) conducts activities regulated (i) by the
27 member, officer, or judge or (ii) in the case of an
28 employee, by the employee or by the member, officer,
29 judge, governmental entity, or other employee directing
30 the employee;
31 (4) has interests that may be substantially
32 affected by the performance or non-performance of the
33 official duties of the member, officer, employee, or
34 judge; or
-29- LRB9102895JMdvam
1 (5) is registered or required to be registered with
2 the Secretary of State under the Lobbyist Registration
3 Act.
4 "Ultimate jurisdictional authority" means the following:
5 (1) For members, partisan staff, and their
6 secretaries, the appropriate legislative leader:
7 President of the Senate, Minority Leader of the Senate,
8 Speaker of the House of Representatives, or Minority
9 Leader of the House of Representatives.
10 (2) For State employees who are professional staff
11 or employees of the Senate and not covered under item
12 (1), the Senate Operations Commission.
13 (3) For State employees who are professional staff
14 or employees of the House of Representatives and not
15 covered under item (1), the Speaker of the House of
16 Representatives.
17 (4) For State employees who are employees of the
18 legislative support services agencies, the Joint
19 Committee on Legislative Support Services.
20 (5) For judges, the Chief Justice of the Supreme
21 Court.
22 (6) For State employees of the judicial branch, the
23 Administrative Office of the Illinois Courts.
24 (7) For State employees of an executive branch
25 constitutional officer, the appropriate executive branch
26 constitutional officer.
27 (8) For State employees not under the jurisdiction
28 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
29 Governor.
30 (9) For officers, the General Assembly.
31 (Source: P.A. 90-737, eff. 1-1-99.)
32 (5 ILCS 425/15)
33 Sec. 15. Exceptions. The restriction in Section 10 does
-30- LRB9102895JMdvam
1 not apply to the following:
2 (1) Anything for which the member, officer, employee, or
3 judge pays the market value or anything not used and promptly
4 disposed of as provided in Section 25.
5 (2) A contribution, as defined in Article 9 of the
6 Election Code that is lawfully made under that Act or
7 attendance at a fundraising event sponsored by a political
8 organization.
9 (3) A gift from a relative, meaning those people related
10 to the individual as father, mother, son, daughter, brother,
11 sister, uncle, aunt, great aunt, great uncle, first cousin,
12 nephew, niece, husband, wife, grandfather, grandmother,
13 grandson, granddaughter, father-in-law, mother-in-law,
14 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
15 stepfather, stepmother, stepson, stepdaughter, stepbrother,
16 stepsister, half brother, half sister, and including the
17 father, mother, grandfather, or grandmother of the
18 individual's spouse and the individual's fiance or fiancee.
19 (4) Anything provided by an individual on the basis of a
20 personal friendship unless the member, officer, employee, or
21 judge has reason to believe that, under the circumstances,
22 the gift was provided because of the official position or
23 employment of the member, officer, employee, or judge and not
24 because of the personal friendship.
25 In determining whether a gift is provided on the basis of
26 personal friendship, the member, officer, employee, or judge
27 shall consider the circumstances under which the gift was
28 offered, such as:
29 (i) the history of the relationship between the
30 individual giving the gift and the recipient of the gift,
31 including any previous exchange of gifts between those
32 individuals;
33 (ii) whether to the actual knowledge of the member,
34 officer, employee, or judge the individual who gave the
-31- LRB9102895JMdvam
1 gift personally paid for the gift or sought a tax
2 deduction or business reimbursement for the gift; and
3 (iii) whether to the actual knowledge of the
4 member, officer, employee, or judge the individual who
5 gave the gift also at the same time gave the same or
6 similar gifts to other members, officers, employees, or
7 judges.
8 (5) A commercially reasonable loan evidenced in writing
9 with repayment due by a date certain made in the ordinary
10 course of the lender's business.
11 (6) A contribution or other payments to a legal defense
12 fund established for the benefit of a member, officer,
13 employee, or judge that is otherwise lawfully made.
14 (7) Intra-office and inter-office gifts. For the
15 purpose of this Act, "intra-office gifts" means:
16 (i) any gift given to a member or employee of the
17 legislative branch from another member or employee of the
18 legislative branch;
19 (ii) any gift given to a judge or employee of the
20 judicial branch from another judge or employee of the
21 judicial branch;
22 (iii) any gift given to an officer or employee of
23 the executive branch from another officer or employee of
24 the executive branch;
25 (iv) (blank); any gift given to an officer or
26 employee of a unit of local government, home rule unit,
27 or school district, from another employee of that unit of
28 local government, home rule unit, or school district;
29 (v) any gift given to an officer or employee of any
30 other governmental entity not included in item (i), (ii),
31 or (iii), or (iv), from another employee of that
32 governmental entity; or
33 (vi) any gift given to a member or employee of the
34 legislative branch, a judge or employee of the judicial
-32- LRB9102895JMdvam
1 branch, an officer or employee of the executive branch,
2 an officer or employee of a unit of local government,
3 home rule unit, or school district, or an officer or
4 employee of any other governmental entity not included in
5 item (i), (ii), or (iii), or (iv) from a member or
6 employee of the legislative branch, a judge or employee
7 of the judicial branch, an officer or employee of the
8 executive branch, an officer or employee of a unit of
9 local government, home rule unit, or school district, or
10 an officer or employee of any other governmental entity.
11 (8) Food, refreshments, lodging, transportation, and
12 other benefits:
13 (i) resulting from the outside business or
14 employment activities (or outside activities that are not
15 connected to the duties of the member, officer, employee,
16 or judge, as an office holder or employee) of the member,
17 officer, employee, judge, or the spouse of the member,
18 officer, employee, or judge, if the benefits have not
19 been offered or enhanced because of the official position
20 or employment of the member, officer, employee, or judge
21 and are customarily provided to others in similar
22 circumstances;
23 (ii) customarily provided by a prospective employer
24 in connection with bona fide employment discussions; or
25 (iii) provided by a political organization in
26 connection with a fundraising or campaign event sponsored
27 by that organization.
28 (9) Pension and other benefits resulting from continued
29 participation in an employee welfare and benefits plan
30 maintained by a former employer.
31 (10) Informational materials that are sent to the office
32 of the member, officer, employee, or judge in the form of
33 books, articles, periodicals, other written materials,
34 audiotapes, videotapes, or other forms of communication.
-33- LRB9102895JMdvam
1 (11) Awards or prizes that are given to competitors in
2 contests or events open to the public, including random
3 drawings.
4 (12) Honorary degrees (and associated travel, food,
5 refreshments, and entertainment provided in the presentation
6 of degrees and awards).
7 (13) Training (including food and refreshments furnished
8 to all attendees as an integral part of the training)
9 provided to a member, officer, employee, or judge, if the
10 training is in the interest of the governmental entity.
11 (14) Educational missions, including meetings with
12 government officials either foreign or domestic, intended to
13 educate public officials on matters of public policy, to
14 which the member, officer, employee, or judge may be invited
15 to participate along with other federal, state, or local
16 public officials and community leaders.
17 (15) Bequests, inheritances, and other transfers at
18 death.
19 (16) Anything that is paid for by the federal
20 government, the State, or a governmental entity, or secured
21 by the government or governmental entity under a government
22 contract.
23 (17) A gift of personal hospitality of an individual
24 other than a registered lobbyist or agent of a foreign
25 principal, including hospitality extended for a nonbusiness
26 purpose by an individual, not a corporation or organization,
27 at the personal residence of that individual or the
28 individual's family or on property or facilities owned by
29 that individual or the individual's family.
30 (18) Free attendance at a widely attended event
31 permitted under Section 20.
32 (19) Opportunities and benefits that are:
33 (i) available to the public or to a class
34 consisting of all employees, officers, members, or
-34- LRB9102895JMdvam
1 judges, whether or not restricted on the basis of
2 geographic consideration;
3 (ii) offered to members of a group or class in
4 which membership is unrelated to employment or official
5 position;
6 (iii) offered to members of an organization such as
7 an employee's association or credit union, in which
8 membership is related to employment or official position
9 and similar opportunities are available to large segments
10 of the public through organizations of similar size;
11 (iv) offered to any group or class that is not
12 defined in a manner that specifically discriminates among
13 government employees on the basis of branch of government
14 or type of responsibility, or on a basis that favors
15 those of higher rank or rate of pay;
16 (v) in the form of loans from banks and other
17 financial institutions on terms generally available to
18 the public; or
19 (vi) in the form of reduced membership or other
20 fees for participation in organization activities offered
21 to all government employees by professional organizations
22 if the only restrictions on membership relate to
23 professional qualifications.
24 (20) A plaque, trophy, or other item that is
25 substantially commemorative in nature and that is extended
26 for presentation.
27 (21) Golf or tennis; food or refreshments of nominal
28 value and catered food or refreshments; meals or beverages
29 consumed on the premises from which they were purchased.
30 (22) Donations of products from an Illinois company that
31 are intended primarily for promotional purposes, such as
32 display or free distribution, and are of minimal value to any
33 individual recipient.
34 (23) An item of nominal value such as a greeting card,
-35- LRB9102895JMdvam
1 baseball cap, or T-shirt.
2 (Source: P.A. 90-737, eff. 1-1-99.)
3 (5 ILCS 425/60)
4 Sec. 60. Complaint procedure.
5 (a) Complaints alleging the violation of this Act shall
6 be filed with the appropriate ethics commission as follows:
7 (1) If the complaint alleges a violation by an
8 officer or employee of the executive branch of State
9 government, then the complaint shall be filed with the
10 appropriate ethics commission within the executive
11 branch.
12 (2) If the complaint alleges a violation by a judge
13 or employee of the judicial branch of government, then
14 the complaint shall be filed with the judicial ethics
15 commission.
16 (3) If the complaint alleges a violation by a
17 member or employee of the legislative branch of State
18 government or any employee not included within paragraphs
19 (1) or (2), then the complaint shall be filed with the
20 legislative ethics commission.
21 Any complaint received by or incident reported to a
22 member, officer, employee, judge, or governmental entity
23 alleging the violation of this Act shall be forwarded to the
24 appropriate commission. The complaint shall not be properly
25 filed until submitted to the appropriate commission.
26 (b) Within 3 business days after the receipt of an
27 ethics complaint, the commission shall send by certified
28 mail, return receipt requested, a notice to the respondent
29 that a complaint has been filed against him or her and a copy
30 of the complaint. The commission shall send by certified
31 mail, return receipt requested, a confirmation of the receipt
32 of the complaint to the complainant within 3 business days
33 after the submittal to the commission. The notices to the
-36- LRB9102895JMdvam
1 respondent and the complainant shall also advise them of the
2 date, time, and place of the meeting on the sufficiency of
3 the complaint and probable cause.
4 (c) Upon at least 24 hours' public notice of the
5 session, the commission shall meet in a closed session to
6 review the sufficiency of the complaint and, if the complaint
7 is deemed to sufficiently allege a violation of this Act, to
8 determine if there is probable cause, based on evidence
9 presented by the complainant, to proceed. The commission
10 shall issue notice to the complainant and the respondent of
11 the commission's ruling on the sufficiency of the complaint
12 and, if necessary, on probable cause within 7 business days
13 after receiving the complaint. If the complaint is deemed to
14 sufficiently allege a violation of this Act and there is a
15 determination of probable cause, then the commission's notice
16 to the parties shall include a hearing date scheduled within
17 4 weeks after the complaint's receipt. If the complaint is
18 deemed not to sufficiently allege a violation or if there is
19 no determination of probable cause, then the commission shall
20 send by certified mail, return receipt requested, a notice to
21 the parties of the decision to dismiss the complaint, and
22 that notice shall be made public.
23 (d) On the scheduled date and upon at least 24 hours'
24 public notice of the meeting, the commission shall conduct a
25 closed meeting on the complaint and allow both parties the
26 opportunity to present testimony and evidence.
27 (e) Within 6 weeks after the complaint's receipt, the
28 commission shall (i) dismiss the complaint or (ii) issue a
29 preliminary recommendation to the alleged violator and to the
30 violator's ultimate jurisdictional authority or impose a fine
31 upon the violator, or both. The particular findings in the
32 instant case, the preliminary recommendation, and any fine
33 shall be made public.
34 (f) Within 7 business days after the issuance of the
-37- LRB9102895JMdvam
1 preliminary recommendation or imposition of a fine, or both,
2 the respondent may file a written demand for a public hearing
3 on the complaint. The filing of the demand shall stay the
4 enforcement of the preliminary recommendation or fine.
5 Within 2 weeks after receiving the demand, the commission
6 shall conduct a public hearing on the complaint after at
7 least 24 hours' public notice of the hearing and allow both
8 parties the opportunity to present testimony and evidence.
9 Within 5 business days, the commission shall publicly issue a
10 final recommendation to the alleged violator and to the
11 violator's ultimate jurisdictional authority or impose a fine
12 upon the violator, or both.
13 (g) If a complaint is filed during the 60 days preceding
14 the date of any election at which the respondent is a
15 candidate, the commission shall render its decision as
16 required under subsection (e) within 7 days after the
17 complaint is filed, and during the 7 days preceding that
18 election, the commission shall render such decision before
19 the date of that election, if possible.
20 (h) A commission may levy a fine of up to $5,000 against
21 any person who knowingly files a frivolous complaint alleging
22 a violation of this Act.
23 (i) A complaint alleging the violation of this Act must
24 be filed within one year after the alleged violation.
25 (Source: P.A. 90-737, eff. 1-1-99.)
26 (5 ILCS 425/83 rep.)
27 (5 ILCS 425/85 rep.)
28 Section 220. The State Gift Ban Act is amended by
29 repealing Sections 83 and 85.
30 Section 995. The State Mandates Act is amended by adding
31 Section 8.23 as follows:
-38- LRB9102895JMdvam
1 (30 ILCS 805/8.23 new)
2 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
3 and 8 of this Act, no reimbursement by the State is required
4 for the implementation of any mandate created by this
5 amendatory Act of the 91st General Assembly.
6 Section 999. Effective date. This Act takes effect upon
7 becoming law.".