State of Illinois
92^nd General Assembly
Legislation

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 1        AN ACT in relation to ethics.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 1. Purpose.
 5        (a)  The General Assembly finds and declares that:
 6             (1)  Public  Act  90-737, effective January 1, 1999,
 7        contained provisions creating the State Gift Ban Act  and
 8        amending   the   Open   Meetings   Act,  the  Freedom  of
 9        Information Act, the Illinois  Governmental  Ethics  Act,
10        the Election Code, and the Lobbyist Registration Act.
11             (2)  On  March  30, 1999, the Illinois Circuit Court
12        of the  7th  Judicial  Circuit,  in  Illinois  State  Bar
13        Association  v.  Ryan, Case No. 99-MR-363, ruled that the
14        provisions of Public Act 90-737 creating the  State  Gift
15        Ban  Act  (i)  are  unconstitutional  to  the  extent the
16        legislature attempted to prohibit activities  already  in
17        force  as  to judges and (ii) are unconstitutional to the
18        extent that bodies other than the Judicial Inquiry  Board
19        and  the  Courts  Commission  may  discipline judges.  On
20        September 8, 2000, the Illinois Circuit Court of the 12th
21        Judicial Circuit, in Flynn v. Ryan, Docket No. 99 CH 340,
22        ruled that Public Act 90-737  (i)  is  unconstitutionally
23        vague;  (ii)  violates  the  separation  of powers clause
24        (Article 2, Section  1)  of  the  Illinois  Constitution;
25        (iii) violates the provisions of Article 4, Section 14 of
26        the  Illinois Constitution, which provides the sole means
27        for removing officials from office; (iv) violates Article
28        4, Section 2(c) of the Illinois Constitution, which  sets
29        eligibility  requirements  to  hold  office;  and  (v) is
30        unconstitutional in its entirety.
31             (3)  The provisions of  Public  Act  90-737  are  of
32        vital   concern   to   the  people  of  this  State,  and
 
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 1        legislative  action  concerning  Public  Act  90-737   is
 2        necessary.
 3        (b)  It  is  the  purpose  of  this  Act  to re-enact the
 4    provisions  of  Public  Act  90-737,   including   subsequent
 5    amendments.   This  Act is intended to remove any question as
 6    to the validity or content of those provisions.
 7        (c)  This Act is not  intended  to  supersede  any  other
 8    Public  Act that amends the text of the Sections as set forth
 9    in this Act.  The material is shown as existing  text  (i.e.,
10    without  striking  or underscoring), except (i) for technical
11    changes having a revisory function and (ii)  as  provided  in
12    subsection (d) of this Section.
13        (d)  In  addition to re-enacting the provisions of Public
14    Act 90-737, this Act amends Sections 5, 10, 15, 20,  30,  35,
15    45, 55, 60, 80, 83, and 85 of the State Gift Ban Act; Section
16    1.02  of the Open Meetings Act; Sections 9-3, 9-8.10, 9-8.15,
17    9-9.5, 9-10, 9-23, and  9-27.5  of  the  Election  Code;  and
18    Section  50-30  of  the  Illinois  Procurement  Code and adds
19    Sections 9-8.5, 9-8.7, and 9-25.2 to the  Election  Code  and
20    Section  33-3.1 to the Criminal Code of 1961.  The amendments
21    are shown by underscoring and striking text.

22        Section  5.   The  State  Gift  Ban  Act  is  amended  by
23    re-enacting Sections 1, 25, 40, 50, 65, 70,  and  75  and  by
24    re-enacting  and changing Sections 5, 10, 15, 20, 30, 35, 45,
25    55, 60, 80, 83, 85, and 95 as follows:

26        (5 ILCS 425/1)
27        Sec. 1.  Short title.  This Act may be cited as the State
28    Gift Ban Act.
29    (Source: P.A. 90-737, eff. 1-1-99.)

30        (5 ILCS 425/5)
31        Sec. 5.  Definitions.  As used in this Act:
 
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 1        "Commission" means an ethics commission created  by  this
 2    Act.
 3        "Employee"    means   all   full-time,   part-time,   and
 4    contractual  employees  of  the  executive  and   legislative
 5    branches   of   State   government,   appointed  and  elected
 6    officials, and directors of a governmental entity.
 7        "Gift"  means  any  gratuity,  discount,   entertainment,
 8    hospitality,   loan,   forbearance,   or  other  tangible  or
 9    intangible item having  monetary  value  including,  but  not
10    limited  to, cash, food and drink, and honoraria for speaking
11    engagements  related  to  or   attributable   to   government
12    employment  or  the official position of an employee, member,
13    or officer, or judge.
14        "Governmental   entity"   means   each   office,   board,
15    commission,  agency,  department,   authority,   institution,
16    university,  body politic and corporate, administrative unit,
17    and corporate outgrowth of the  executive  and,  legislative,
18    and judicial branches of State government, whether created by
19    the  Illinois Constitution, by or in accordance with statute,
20    or by executive order of the Governor.  "Governmental entity"
21    includes the Health Facilities Planning Board.
22        "Judge" means judges and associate judges of the  Supreme
23    Court, Appellate Courts, and Circuit Courts.
24        "Member" means a member of the General Assembly.
25        "Officer" means a State constitutional officer.
26        "Political   organization"   means  a  party,  committee,
27    association, fund, or  other  organization  (whether  or  not
28    incorporated)   organized  and  operated  primarily  for  the
29    purpose of directly or indirectly accepting contributions  or
30    making expenditures, or both, for the function of influencing
31    or   attempting   to  influence  the  selection,  nomination,
32    election, or appointment of any individual  to  any  federal,
33    state,  or  local  public  office  or  office  in a political
34    organization,   or   the   election   of   Presidential    or
 
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 1    Vice-Presidential electors, whether or  not the individual or
 2    electors are selected, nominated, elected, or appointed.  The
 3    term  includes  the  making  of  expenditures  relating to an
 4    office described in the preceding sentence that, if  incurred
 5    by the individual, would be allowable as a federal income tax
 6    deduction for trade or business expenses.
 7        "Prohibited source" means any person or entity who:
 8             (1)  is  seeking  official  action (i) by the member
 9        or, officer, or judge or (ii) in the case of an employee,
10        by  the  employee  or  by  the  member,  officer,  judge,
11        governmental entity,  or  other  employee  directing  the
12        employee;
13             (2)  does  business or seeks to do business (i) with
14        the member or, officer,  or judge or (ii) in the case  of
15        an  employee,  with  the  employee  or  with  the member,
16        officer, judge, governmental entity,  or  other  employee
17        directing the employee;
18             (3)  conducts activities regulated (i) by the member
19        or, officer, or judge or (ii) in the case of an employee,
20        by  the  employee  or  by  the  member,  officer,  judge,
21        governmental  entity,  or  other  employee  directing the
22        employee;
23             (4)  has  interests  that   may   be   substantially
24        affected  by  the  performance  or non-performance of the
25        official duties of the member, officer, or  employee,  or
26        judge; or
27             (5)  is registered or required to be registered with
28        the  Secretary  of  State under the Lobbyist Registration
29        Act.
30        "Ultimate jurisdictional authority" means the following:
31             (1)  For  members,   partisan   staff,   and   their
32        secretaries,    the   appropriate   legislative   leader:
33        President of the Senate, Minority Leader of  the  Senate,
34        Speaker  of  the  House  of  Representatives, or Minority
 
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 1        Leader of the House of Representatives.
 2             (2)  For State employees who are professional  staff
 3        or  employees  of  the  Senate and not covered under item
 4        (1), the Senate Operations Commission.
 5             (3)  For State employees who are professional  staff
 6        or  employees  of  the  House  of Representatives and not
 7        covered under item (1),  the  Speaker  of  the  House  of
 8        Representatives.
 9             (4)  For  State  employees  who are employees of the
10        legislative  support   services   agencies,   the   Joint
11        Committee on Legislative Support Services.
12             (5)  (Blank).   For judges, the Chief Justice of the
13        Supreme Court.
14             (6)  (Blank).  For State employees of  the  judicial
15        branch, the Administrative Office of the Illinois Courts.
16             (7)  For  State  employees  of  an  executive branch
17        constitutional officer, the appropriate executive  branch
18        constitutional officer.
19             (8)  For  State employees not under the jurisdiction
20        of paragraph (1), (2), (3), (4), (5), (6),  or  (7),  the
21        Governor.
22             (9)  For officers, the General Assembly.
23    (Source: P.A. 90-737, eff. 1-1-99; 91-782, eff. 6-9-00.)

24        (5 ILCS 425/10)
25        Sec. 10.  Gift ban.  Except as otherwise provided in this
26    Act,   no  member,  officer,  or  employee,  or  judge  shall
27    knowingly solicit or accept any gift of more  than  $100  per
28    year  from  any  prohibited  source  or  in  violation of any
29    federal or State statute,  rule,  or  regulation.   This  ban
30    applies  to  and  includes  spouses  of  and immediate family
31    living with the member, officer, or employee,  or  judge.  No
32    prohibited  source  shall  offer or make a gift that violates
33    this Section.
 
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 1    (Source: P.A. 90-737, eff. 1-1-99.)

 2        (5 ILCS 425/15)
 3        Sec. 15.  Exceptions.  The restriction in Section 10 does
 4    not apply to the following:
 5        (1)  Opportunities and benefits that are available to the
 6    general public.  Anything  for  which  the  member,  officer,
 7    employee, or judge pays the market value or anything not used
 8    and promptly disposed of as provided in Section 25.
 9        (2)  A  contribution,  as  defined  in  Article  9 of the
10    Election Code  that  is  lawfully  made  under  that  Act  or
11    attendance  at  a  fundraising event sponsored by a political
12    organization.
13        (3)  Educational materials and missions.
14        (4)  Travel expenses  for  a  meeting  to  discuss  State
15    business.
16        (5)  A gift from a relative, meaning those people related
17    to  the individual as father, mother, son, daughter, brother,
18    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
19    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
20    grandson,   granddaughter,   father-in-law,    mother-in-law,
21    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
22    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
23    stepsister,  half  brother,  half  sister,  and including the
24    father,  mother,   grandfather,   or   grandmother   of   the
25    individual's spouse and the individual's fiance or fiancee.
26        (6)  (4)  Anything provided by an individual on the basis
27    of a personal  friendship  unless  the  member,  officer,  or
28    employee,  or  judge  has  reason  to believe that, under the
29    circumstances, the gift was provided because of the  official
30    position  or  employment of the member, officer, or employee,
31    or judge and not because of the personal friendship.
32        In determining whether a gift is provided on the basis of
33    personal friendship, the member,  officer,  or  employee,  or
 
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 1    judge  shall  consider the circumstances under which the gift
 2    was offered, such as:
 3             (i)  the history of  the  relationship  between  the
 4        individual giving the gift and the recipient of the gift,
 5        including  any  previous  exchange of gifts between those
 6        individuals;
 7             (ii)  whether to the actual knowledge of the member,
 8        officer, or employee, or judge the  individual  who  gave
 9        the  gift  personally  paid  for the gift or sought a tax
10        deduction or business reimbursement for the gift; and
11             (iii)  whether  to  the  actual  knowledge  of   the
12        member, officer, or employee, or judge the individual who
13        gave  the  gift  also  at  the same time gave the same or
14        similar gifts to other members, officers,  or  employees,
15        or judges.
16        (7)  Food or refreshments not exceeding $75 per person in
17    value;  provided  that  the  food  or  refreshments  are  (i)
18    consumed  on  the  premises from which they were purchased or
19    prepared or (ii) catered.  For the purposes of this  Section,
20    "catered" means food or refreshments that are purchased ready
21    to  eat  and  delivered  by  any  means.  (5)  A commercially
22    reasonable loan evidenced in writing with repayment due by  a
23    date  certain  made  in  the  ordinary course of the lender's
24    business.
25        (6)  A contribution or other payments to a legal  defense
26    fund  established  for  the  benefit  of  a  member, officer,
27    employee, or judge that is otherwise lawfully made.
28        (8) (7)  Intra-office and inter-office  gifts.   For  the
29    purpose of this Act, "intra-office gifts" means:
30             (i)  any  gift  given to a member or employee of the
31        legislative branch from another member or employee of the
32        legislative branch;
33             (ii)  (Blank). any gift given to a judge or employee
34        of the judicial branch from another judge or employee  of
 
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 1        the judicial branch;
 2             (iii)  any  gift  given to an officer or employee of
 3        the executive branch from another officer or employee  of
 4        the executive branch;
 5             (iv)  (Blank).  any  gift  given  to  an  officer or
 6        employee of a unit of local government, home  rule  unit,
 7        or school district, from another employee of that unit of
 8        local government, home rule unit, or school district;
 9             (v)  any gift given to an officer or employee of any
10        other  governmental  entity  not included in item (i) or,
11        (ii), (iii), or  (iv),  from  another  employee  of  that
12        governmental entity; or
13             (vi)  any  gift given to a member or employee of the
14        legislative branch, a judge or employee of  the  judicial
15        branch,  an  officer or employee of the executive branch,
16        an officer or employee of a  unit  of  local  government,
17        home  rule  unit,  or  school  district, or an officer or
18        employee of any other governmental entity not included in
19        item (i) or, (ii),  (iii),  or  (iv)  from  a  member  or
20        employee  of  the legislative branch, a judge or employee
21        of the judicial branch, an officer  or  employee  of  the
22        executive  branch,  an  officer  or employee of a unit of
23        local government, home rule unit, or school district,  or
24        an officer or employee of any other governmental entity.
25        (8)  Food,  refreshments,  lodging,  transportation,  and
26    other benefits:
27             (i)  resulting   from   the   outside   business  or
28        employment activities (or outside activities that are not
29        connected to the duties of the member, officer, employee,
30        or judge, as an office holder or employee) of the member,
31        officer, employee, judge, or the spouse  of  the  member,
32        officer,  employee,  or  judge,  if the benefits have not
33        been offered or enhanced because of the official position
34        or employment of the member, officer, employee, or  judge
 
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 1        and   are  customarily  provided  to  others  in  similar
 2        circumstances;
 3             (ii)  customarily provided by a prospective employer
 4        in connection with bona fide employment discussions; or
 5             (iii)  provided  by  a  political  organization   in
 6        connection with a fundraising or campaign event sponsored
 7        by that organization.
 8        (9)  Pension  and other benefits resulting from continued
 9    participation  in  an  employee  welfare  and  benefits  plan
10    maintained by a former employer.
11        (10)  Informational materials that are sent to the office
12    of the member, officer, employee, or judge  in  the  form  of
13    books,   articles,   periodicals,  other  written  materials,
14    audiotapes, videotapes, or other forms of communication.
15        (11)  Awards or prizes that are given to  competitors  in
16    contests  or  events  open  to  the  public, including random
17    drawings.
18        (12)  Honorary  degrees  (and  associated  travel,  food,
19    refreshments, and entertainment provided in the  presentation
20    of degrees and awards).
21        (13)  Training (including food and refreshments furnished
22    to  all  attendees  as  an  integral  part  of  the training)
23    provided to a member, officer, employee,  or  judge,  if  the
24    training is in the interest of the governmental entity.
25        (14)  Educational   missions,   including  meetings  with
26    government officials either foreign or domestic, intended  to
27    educate  public  officials  on  matters  of public policy, to
28    which the member, officer, employee, or judge may be  invited
29    to  participate  along  with  other  federal, state, or local
30    public officials and community leaders.
31        (9) (15)  Bequests, inheritances, and other transfers  at
32    death.
33        (16)  Anything   that   is   paid   for  by  the  federal
34    government, the State, or a governmental entity,  or  secured
 
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 1    by  the  government or governmental entity under a government
 2    contract.
 3        (17)  A gift of personal  hospitality  of  an  individual
 4    other  than  a  registered  lobbyist  or  agent  of a foreign
 5    principal, including hospitality extended for  a  nonbusiness
 6    purpose  by an individual, not a corporation or organization,
 7    at  the  personal  residence  of  that  individual   or   the
 8    individual's  family  or  on  property or facilities owned by
 9    that individual or the individual's family.
10        (18)  Free  attendance  at  a   widely   attended   event
11    permitted under Section 20.
12        (19)  Opportunities and benefits that are:
13             (i)  available   to   the   public  or  to  a  class
14        consisting  of  all  employees,  officers,  members,   or
15        judges,  whether  or  not  restricted  on  the  basis  of
16        geographic consideration;
17             (ii)  offered  to  members  of  a  group or class in
18        which membership is unrelated to employment  or  official
19        position;
20             (iii)  offered to members of an organization such as
21        an  employee's  association  or  credit  union,  in which
22        membership is related to employment or official  position
23        and similar opportunities are available to large segments
24        of the public through organizations of similar size;
25             (iv)  offered  to  any  group  or  class that is not
26        defined in a manner that specifically discriminates among
27        government employees on the basis of branch of government
28        or type of responsibility, or  on  a  basis  that  favors
29        those of higher rank or rate of pay;
30             (v)  in  the  form  of  loans  from  banks and other
31        financial institutions on terms  generally  available  to
32        the public; or
33             (vi)  in  the  form  of  reduced membership or other
34        fees for participation in organization activities offered
 
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 1        to all government employees by professional organizations
 2        if  the  only  restrictions  on  membership   relate   to
 3        professional qualifications.
 4        (20)  A   plaque,   trophy,   or   other   item  that  is
 5    substantially commemorative in nature and  that  is  extended
 6    for presentation.
 7        (21)  Golf  or  tennis;  food  or refreshments of nominal
 8    value and catered food or refreshments;  meals  or  beverages
 9    consumed on the premises from which they were purchased.
10        (22)  Donations of products from an Illinois company that
11    are  intended  primarily  for  promotional  purposes, such as
12    display or free distribution, and are of minimal value to any
13    individual recipient.
14        (23)  An item of nominal value such as a  greeting  card,
15    baseball cap, or T-shirt.
16    (Source: P.A. 90-737, eff. 1-1-99.)

17        (5 ILCS 425/20)
18        Sec. 20.  Attendance at meetings events.
19        (a)  A  member, officer, or employee, or judge may accept
20    travel expenses in connection with a meeting to discuss State
21    business, as defined by  rules  adopted  by  the  appropriate
22    ethics  commission.  an  offer of free attendance at a widely
23    attended  convention,  conference,  symposium,  forum,  panel
24    discussion, dinner, viewing,  reception,  or  similar  event,
25    provided by the sponsor of the event, if:
26             (1)  the   member,   officer,   employee,  or  judge
27        participates in  the  event  as  a  speaker  or  a  panel
28        participant,   by   presenting   information  related  to
29        government,  or  by  performing  a  ceremonial   function
30        appropriate  to  the  member's, officer's, employee's, or
31        judge's official position or employment; or
32             (2)  attendance at the event is appropriate  to  the
33        performance  of civic affairs in Illinois or the official
 
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 1        duties or representative function of the member, officer,
 2        employee, or judge.
 3        (b)  A member, officer, employee, or judge who attends an
 4    event described in subsection  (a)  may  accept  a  sponsor's
 5    unsolicited  offer  of  free  attendance  at the event for an
 6    accompanying individual.
 7        (c)  A member, officer, employee, or judge, or the spouse
 8    or dependent thereof,  may  accept  a  sponsor's  unsolicited
 9    offer  of  free  attendance  at  a charity event, except that
10    reimbursement for  transportation  and  lodging  may  not  be
11    accepted in connection with the event.
12        (d)  For   purposes  of  this  Section,  the  term  "free
13    attendance" may include waiver of all or part of a conference
14    or  other  fee,  the  provision  of  transportation,  or  the
15    provision   of   food,   refreshments,   entertainment,   and
16    instructional materials furnished  to  all  attendees  as  an
17    integral  part  of  the  event.   The  term  does not include
18    entertainment collateral to the event, nor  does  it  include
19    food or refreshments taken other than in a group setting with
20    all   or   substantially   all  other  attendees,  except  as
21    authorized under subsection (21) of Section 15.
22    (Source: P.A. 90-737, eff. 1-1-99.)

23        (5 ILCS 425/25)
24        Sec. 25.  Disposition of gifts. The recipient of  a  gift
25    that  is  given  in  violation of this Act may, at his or her
26    discretion, return the item to the donor or give the item  or
27    an amount equal to its value to an appropriate charity.
28    (Source: P.A. 90-737, eff. 1-1-99.)

29        (5 ILCS 425/30)
30        Sec. 30.  Reimbursement. (Blank).
31        (a)  A  reimbursement  (including  payment  in kind) to a
32    member, officer, employee, or judge  from  a  private  source
 
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 1    other  than  a  registered  lobbyist  or  agent  of a foreign
 2    principal for necessary transportation, lodging, and  related
 3    expenses  for  travel to a meeting, speaking engagement, fact
 4    finding trip, or similar event in connection with the  duties
 5    of  the  member,  officer,  employee,  or  judge as an office
 6    holder or employee shall be deemed to be a  reimbursement  to
 7    the governmental entity and not a gift prohibited by this Act
 8    if the member, officer, employee, or judge:
 9             (1)  discloses  the  expenses  reimbursed  or  to be
10        reimbursed and the authorization  to  the  Clerk  of  the
11        House  of  Representatives,  the Secretary of the Senate,
12        the  State  Comptroller,  fiscal  officer,   or   similar
13        authority as appropriate, within 30 days after the travel
14        is completed; and
15             (2)  in  the  case  of an employee, receives advance
16        authorization, from the member, officer, judge, or  other
17        employee  under  whose  direct  supervision  the employee
18        works to accept reimbursement.
19        (b)  For  purposes  of  subsection   (a),   events,   the
20    activities of which are substantially recreational in nature,
21    shall  not  be considered to be in connection with the duties
22    of a member, officer, employee, or judge as an office  holder
23    or employee.
24        (c)  Each  advance  authorization to accept reimbursement
25    shall be signed by  the  member,  officer,  judge,  or  other
26    employee  under  whose  direct supervision the employee works
27    and shall include:
28             (1)  the name of the employee;
29             (2)  the name  of  the  person  who  will  make  the
30        reimbursement;
31             (3)  the time, place, and purpose of the travel; and
32             (4)  a   determination   that   the   travel  is  in
33        connection with the duties of the employee as an employee
34        and would not create the appearance that the employee  is
 
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 1        using public employment for private gain.
 2        (d)  Each   disclosure   made  under  subsection  (a)  of
 3    expenses reimbursed or to be reimbursed shall  be  signed  by
 4    the  member,  officer, or judge (in the case of travel by the
 5    member, officer, or judge) or by the member, officer,  judge,
 6    or other employee under whose direct supervision the employee
 7    works  (in  the  case  of  travel  by  an employee) and shall
 8    include:
 9             (1)  a good faith estimate of  total  transportation
10        expenses reimbursed or to be reimbursed;
11             (2)  a good faith estimate of total lodging expenses
12        reimbursed or to be reimbursed;
13             (3)  a  good  faith  estimate of total meal expenses
14        reimbursed or to be reimbursed;
15             (4)  a good faith estimate of  the  total  of  other
16        expenses reimbursed or to be reimbursed; and
17             (5)  a  determination  that  all  those expenses are
18        necessary transportation, lodging, and related expenses.
19    (Source: P.A. 90-737, eff. 1-1-99.)

20        (5 ILCS 425/35)
21        Sec. 35.  Ethics Officer. Each officer and  the  head  of
22    each  governmental  entity  shall designate an Ethics Officer
23    for the office or governmental entity.  For  the  legislative
24    branch,  the  President and Minority Leader of the Senate and
25    the  Speaker  and   Minority   Leader   of   the   House   of
26    Representatives  shall each appoint an ethics officer for the
27    legislative members of their political party. Ethics Officers
28    shall:
29             (1)  review  statements  of  economic  interest  and
30        disclosure forms of  members,  officers,  judges,  senior
31        employees,  and  contract  monitors before they are filed
32        with the  Secretary of State; and
33             (2)  provide  guidance  to  members,  officers,  and
 
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 1        employees,  and  judges   in   the   interpretation   and
 2        implementation of this Act.
 3    (Source: P.A. 90-737, eff. 1-1-99.)

 4        (5 ILCS 425/40)
 5        Sec.  40.  Further  restrictions.   A governmental entity
 6    may adopt or maintain policies that are more restrictive than
 7    those set forth in this Act and shall continue to follow  any
 8    existing    policies,  statutes, or regulations that are more
 9    restrictive or are in addition to  those set  forth  in  this
10    Act.
11    (Source: P.A. 90-737, eff. 1-1-99.)

12        (5 ILCS 425/45)
13        Sec. 45.  Ethics Commissions.
14        (a)  Ethics  Commissions  are created for the branches of
15    government  as  provided  in  this   Section.   The   initial
16    appointments  to each commission shall be made within 60 days
17    after  the  effective  date  of  this  Act.   The  appointing
18    authorities shall appoint commissioners who  have  experience
19    holding  governmental  office or employment and shall appoint
20    commissioners from the general  public  or  from  within  the
21    appointing  authority's branch of government. With respect to
22    each of the ethics commissions designated in item items  (1),
23    (2),  (3),  (4),  and (5), no more than 4 of the 7 appointees
24    shall be of the same political party.   The  appointee  shall
25    establish  his  or  her political party affiliation by his or
26    her last record of voting in a party primary election.
27             (1)  For the  ethics  commission  of  the  executive
28        branch  Governor there shall be 7 commissioners appointed
29        by the Governor  with  the  advice  and  consent  of  the
30        Senate.  This  ethics  commission shall have jurisdiction
31        over all of the  executive  branch  of  State  government
32        except the officers specified in items (2), (3), (4), and
 
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 1        (5) and their employees.
 2             (2)  (Blank).  For  the  ethics  commission  of  the
 3        Attorney General there shall be 7 commissioners appointed
 4        by the Attorney General.
 5             (3)  (Blank).  For  the  ethics  commission  of  the
 6        Secretary   of  State  there  shall  be  7  commissioners
 7        appointed by the Secretary of State.
 8             (4)  (Blank).  For  the  ethics  commission  of  the
 9        Comptroller there shall be 7 commissioners  appointed  by
10        the Comptroller.
11             (5)  (Blank).  For  the  ethics  commission  of  the
12        Treasurer there shall be 7 commissioners appointed by the
13        Treasurer.
14             (6)  For  the  ethics  commission of the legislative
15        branch there shall be 8 commissioners.  The  Speaker  and
16        the  Minority  Leader of the House of Representatives and
17        the President and the Minority Leader of the Senate shall
18        each appoint 2 commissioners.
19             (7)  For  the  ethics  commission  of  the  judicial
20        branch there shall be 6 commissioners.  The Chief Justice
21        of the Supreme Court shall appoint the commissioners with
22        the concurrence of 3 other Supreme Court Judges.
23        (b)  At the first meeting of each commission, the initial
24    appointees  shall  draw  lots  to  divide  into   2   groups.
25    Commissioners  of  the  first group shall serve 2-year terms,
26    and commissioners of the second group  shall  serve  one-year
27    terms.  Thereafter commissioners shall be appointed to 2-year
28    terms.  Commissioners  may be reappointed to serve subsequent
29    terms.
30        (c)  The respective appointing authority  or  authorities
31    may  remove  a  commissioner  appointed  by that authority or
32    those authorities in case of incompetency, neglect  of  duty,
33    or malfeasance in office after service on the commissioner by
34    certified  mail,  return  receipt requested, of a copy of the
 
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 1    written charges against the commissioner and  an  opportunity
 2    to  be  heard  in  person or by counsel upon not less than 10
 3    days' notice. Vacancies shall be filled  by  the  appropriate
 4    appointing authority or authorities.
 5        (d)  Each  commission  must  meet, either in person or by
 6    telephone, at least once per  month.  Each  commission  shall
 7    meet  as often as necessary to perform its duties. Except for
 8    the ethics commission for  the  legislative  branch,  At  the
 9    first  meeting  of  the  executive branch each commission the
10    commissioners shall choose a chairperson from  their  number.
11    For  the  ethics  commission  for the legislative branch, the
12    President of the Senate  and  whichever  of  the  Speaker  or
13    Minority  Leader  of the House is of the same political party
14    as the  President  shall  jointly  designate  one  member  as
15    co-chair;  the  other  2  legislative  leaders  shall jointly
16    designate the other co-chair. Meetings shall be held  at  the
17    call  of  the  chairperson  or any 2 commissioners.  Official
18    action by the commission shall require the  affirmative  vote
19    of  the  number of commissioners provided in this subsection,
20    and a quorum shall consist of  the  number  of  commissioners
21    provided  in  this  subsection.  The  number of commissioners
22    required for a quorum and the affirmative vote of each ethics
23    commission shall be as  follows:  for  the  executive  branch
24    Governor,  4;  for the Attorney General, 4; for the Secretary
25    of State, 4; for the Treasurer, 4; for  the  Comptroller,  4;
26    for  the  legislative  branch, 5; for the judicial branch, 4.
27    Commissioners may be reimbursed for their reasonable expenses
28    actually incurred in the performance of their duties.
29    (Source: P.A. 90-737, eff. 1-1-99.)

30        (5 ILCS 425/50)
31        Sec. 50.  Staff.  Each commission  may  employ  necessary
32    staff  persons  and  may contract for services that cannot be
33    satisfactorily performed by the staff.
 
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 1    (Source: P.A. 90-737, eff. 1-1-99.)

 2        (5 ILCS 425/55)
 3        Sec. 55.  Powers and duties.  Each commission shall  have
 4    the following powers and duties:
 5        (1)  To  promulgate  procedures  and  rules governing the
 6    performance of its duties and the  exercise  of  its  powers.
 7    Rules  defining  "a meeting to conduct State business", rules
 8    concerning  the  disclosure  of  reimbursements,  and   rules
 9    concerning  where  a complaint under Section 60 must be filed
10    must be adopted as soon as possible,  but  in  any  case,  no
11    later  than  120  days  after  the  effective  date  of  this
12    amendatory Act of the 92nd General Assembly.  The commissions
13    may  adopt emergency rules under Section 5-45 of the Illinois
14    Administrative Procedure Act.
15        (2)  Upon  receipt  of  a  signed,   notarized,   written
16    complaint,  to  investigate, conduct research, conduct closed
17    hearings and deliberations, issue recommendations, and impose
18    a fine.
19        (3)  To act only upon the receipt of a written  complaint
20    alleging  a  violation  of  this  Act  and  not  upon its own
21    prerogative.
22        (4)  To receive information from the public pertaining to
23    its investigations and to require additional information  and
24    documents from persons who may have violated this Act.
25        (5)  To  subpoena  witnesses and compel the production of
26    books and papers pertinent to an investigation authorized  by
27    this Act.
28        (6)  To  request  that the Attorney General provide legal
29    advice without charge to the commission.
30        (7)  To prepare and publish manuals and guides explaining
31    the duties of individuals covered by this Act.
32        (8)  To   prepare   public   information   materials   to
33    facilitate compliance,  implementation,  and  enforcement  of
 
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 1    this Act.
 2        (9)  To   submit   to   each   commissioner's  respective
 3    appointing authority or  authorities  an  annual  statistical
 4    report  for  each  year  consisting  of  (i)  the  number  of
 5    complaints  filed,  (ii)  the  number of complaints deemed to
 6    sufficiently allege  a  violation  of  this  Act,  (iii)  the
 7    recommendation,  fine, or decision issued for each complaint,
 8    (iv) the number of complaints resolved, and (v) the status of
 9    pending complaints.
10        (10)  To make rulings  and  issue  advisory  opinions  in
11    connection with the implementation and interpretation of this
12    Act.
13        The  powers  and  duties  of  a commission are limited to
14    matters clearly within the purview of this Act.
15    (Source: P.A. 90-737, eff. 1-1-99.)

16        (5 ILCS 425/60)
17        Sec. 60.  Complaint procedure.
18        (a)  Complaints alleging the violation of this Act  shall
19    be filed with the appropriate ethics commission as follows:
20             (1)  If  the  complaint  alleges  a  violation by an
21        officer or employee of  the  executive  branch  of  State
22        government,   then  the  complaint  shall  be  filed,  as
23        provided by rule, with the executive  branch  appropriate
24        ethics commission within the executive branch.
25             (2)  (Blank).  If  the complaint alleges a violation
26        by  a  judge  or  employee  of  the  judicial  branch  of
27        government, then the complaint shall be  filed  with  the
28        judicial ethics commission.
29             (3)  If  the  complaint  alleges  a  violation  by a
30        member or employee of the  legislative  branch  of  State
31        government or any employee not included within paragraphs
32        (1)  or  (2),  then  the  complaint  shall  be  filed, as
33        provided by rule, with the legislative ethics commission.
 
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 1        Any complaint received  by  or  incident  reported  to  a
 2    member,  officer,  employee,  judge,  or  governmental entity
 3    alleging the violation of this Act shall be forwarded to  the
 4    appropriate  commission.  The complaint shall not be properly
 5    filed until submitted to the appropriate commission.
 6        (b)  Within 3 business  days  after  the  receipt  of  an
 7    ethics  complaint,  the  commission  shall  send by certified
 8    mail, return receipt requested, a notice  to  the  respondent
 9    that a complaint has been filed against him or her and a copy
10    of  the  complaint.  The  commission  shall send by certified
11    mail, return receipt requested, a confirmation of the receipt
12    of the complaint to the complainant within  3  business  days
13    after  the  submittal  to  the commission. The notices to the
14    respondent and the complainant shall also advise them of  the
15    date,  time,  and  place of the meeting on the sufficiency of
16    the complaint and probable cause.
17        (c)  Upon  at  least  24  hours'  public  notice  of  the
18    session, the commission shall meet, either in  person  or  by
19    telephone,  in  a closed session to review the sufficiency of
20    the complaint and, if the complaint is deemed to sufficiently
21    allege a violation of this Act,  to  determine  if  there  is
22    probable   cause,   based   on   evidence  presented  by  the
23    complainant, to proceed.  The commission shall  issue  notice
24    to  the  complainant  and  the respondent of the commission's
25    ruling on the sufficiency of the complaint and, if necessary,
26    on probable cause within 7 business days after receiving  the
27    complaint.  If the complaint is deemed to sufficiently allege
28    a  violation  of  this  Act  and  there is a determination of
29    probable cause, then the commission's notice to  the  parties
30    shall  include  a hearing date scheduled within 4 weeks after
31    the complaint's receipt.  If the complaint is deemed  not  to
32    sufficiently   allege   a   violation   or  if  there  is  no
33    determination of probable cause, then  the  commission  shall
34    send by certified mail, return receipt requested, a notice to
 
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 1    the  parties  of  the  decision to dismiss the complaint, and
 2    that notice shall be made public.
 3        (d)  On the scheduled date and upon at  least  24  hours'
 4    public  notice of the meeting, the commission shall conduct a
 5    closed meeting, either in person  or  by  telephone,  on  the
 6    complaint  and  allow both parties the opportunity to present
 7    testimony and evidence.
 8        (e)  Within 6 weeks after the  complaint's  receipt,  the
 9    commission  shall  (i)  dismiss the complaint or (ii) issue a
10    preliminary recommendation to the alleged violator and to the
11    violator's ultimate jurisdictional authority or impose a fine
12    upon the violator, or both. The particular  findings  in  the
13    instant  case,  the  preliminary recommendation, and any fine
14    shall be made public.
15        (f)  Within 7 business days after  the  issuance  of  the
16    preliminary  recommendation or imposition of a fine, or both,
17    the respondent may file a written demand for a public hearing
18    on the complaint.  The filing of the demand  shall  stay  the
19    enforcement   of  the  preliminary  recommendation  or  fine.
20    Within 2 weeks after receiving  the  demand,  the  commission
21    shall  conduct  a  public  hearing  on the complaint after at
22    least 24 hours' public notice of the hearing and  allow  both
23    parties  the  opportunity  to present testimony and evidence.
24    Within 5 business days, the commission shall publicly issue a
25    final recommendation to  the  alleged  violator  and  to  the
26    violator's ultimate jurisdictional authority or impose a fine
27    upon the violator, or both.
28        (g)  If a complaint is filed during the 60 days preceding
29    the  date  of  any  election  at  which  the  respondent is a
30    candidate,  the  commission  shall  render  its  decision  as
31    required  under  subsection  (e)  within  7  days  after  the
32    complaint is filed, and during  the  7  days  preceding  that
33    election,  the  commission  shall render such decision before
34    the date of that election, if possible.
 
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 1        (h)  A commission may levy a fine of up to $5,000 against
 2    any person who knowingly files a frivolous complaint alleging
 3    a violation of this Act.
 4        (i)  A complaint alleging the violation of this Act  must
 5    be filed within one year after the alleged violation.
 6        (j)  The  parties  to a proceeding under this Section may
 7    agree to extend any of the deadlines imposed by this Section.
 8    (Source: P.A. 90-737, eff. 1-1-99.)

 9        (5 ILCS 425/65)
10        Sec. 65.  Enforcement.
11        (a)  A commission may recommend to  a  person's  ultimate
12    jurisdictional  authority  disciplinary  action  against  the
13    person  it  determines  to  be in violation of this Act.  The
14    recommendation may prescribe the following courses of action:
15             (1)  A reprimand.
16             (2)  To cease and desist the offensive action.
17             (3)  A return or refund of money or other items,  or
18        an  amount  of  restitution  for  services,  received  in
19        violation of this Act.
20             (4)  Dismissal, removal from office, impeachment, or
21        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 Revenue Fund.
26        (c)  The ultimate jurisdictional authority  of  a  person
27    who violates an ethics provision may take disciplinary action
28    against  the  person  as recommended by a commission or as it
29    deems appropriate,  to  the  extent  it  is  constitutionally
30    permissible for the ultimate jurisdictional authority to take
31    that action. The ultimate jurisdictional authority shall make
32    its  action, or determination to take no action, available to
33    the public.
 
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 1        (d)  If after a hearing the commission finds no violation
 2    of this Act, the commission shall dismiss the complaint.
 3    (Source: P.A. 90-737, eff. 1-1-99.)

 4        (5 ILCS 425/70)
 5        Sec. 70.  Penalty. An individual who  knowingly  violates
 6    this  Act  is  guilty  of a business offense and subject to a
 7    fine of up to $5,000.
 8    (Source: P.A. 90-737, eff. 1-1-99.)

 9        (5 ILCS 425/75)
10        Sec. 75.  Review.  A commission's decision to  dismiss  a
11    complaint or its recommendation is not a final administrative
12    decision,   but   its   imposition  of  a  fine  is  a  final
13    administrative decision subject to judicial review under  the
14    Administrative Review Law of the Code of Civil Procedure.
15    (Source: P.A. 90-737, eff. 1-1-99.)

16        (5 ILCS 425/80)
17        Sec.  80.  Exemption.  Documents  generated  by an ethics
18    officer under this Act are exempt from the provisions of  the
19    Freedom  of  Information  Act.   Any  complaint  and  related
20    documents  filed  with  an ethics commission under Section 60
21    are exempt from the provisions of the Freedom of  Information
22    Act  so long as no finding of probable cause under subsection
23    (c) of Section 60  has  been  made  by  the  commission  with
24    respect  to  that complaint. Meetings of an ethics commission
25    under subsection (c)  of  Section  60  are  exempt  from  the
26    provisions   of   the  Open  Meetings  Act.  The  proceedings
27    conducted and documents generated under this Act  are  exempt
28    from  the provisions of the Open Meetings Act and the Freedom
29    of Information Act.
30    (Source: P.A. 90-737, eff. 1-1-99.)
 
HB1330 Engrossed            -24-               LRB9203281MWmb
 1        (5 ILCS 425/83)
 2        Sec. 83.  Units of local  government;  school  districts.
 3    (Blank).  Within  6  months  after the effective date of this
 4    Act, units of local government, home rule units,  and  school
 5    districts  shall  prohibit the solicitation and acceptance of
 6    gifts, and shall enforce  those  prohibitions,  in  a  manner
 7    substantially in accordance with the requirements of this Act
 8    and  shall  adopt  provisions  no  less  restrictive than the
 9    provisions of this Act.  Non-salaried  appointed  or  elected
10    officials may be exempted.
11    (Source: P.A. 90-737, eff. 1-1-99.)

12        (5 ILCS 425/85)
13        Sec.  85.  Home  rule  preemption.   (Blank). A home rule
14    unit may not regulate the prohibition of  gifts  to  members,
15    officers,  employees,  or  judges or the enforcement of these
16    provisions in a manner  inconsistent  with  this  Act.   This
17    Section  is a limitation under subsection (i) of Section 6 of
18    Article VII of the Illinois Constitution  on  the  concurrent
19    exercise by home rule units of powers and functions exercised
20    by the State.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (5 ILCS 425/95)
23        Sec.  95.  Effect  on  Executive  Order  or similar rule.
24    This Act supersedes the ethics reforms provided  for  in  (i)
25    Part  I  (Ban  On  Gifts  To  State Employees From Prohibited
26    Sources) contained in Executive Order No. 2 (1997)  and  (ii)
27    any   other  executive,  administrative,  or  similar  order,
28    policy, or rule promulgated by  an  officer,  member,  judge,
29    employee,  or  governmental  entity that conflicts with or is
30    less restrictive than this Act.
31    (Source: P.A. 90-737, eff. 1-1-99.)


 
HB1330 Engrossed            -25-               LRB9203281MWmb
 1        Section  10.   The  Open  Meetings  Act  is  amended   by
 2    re-enacting and changing Section 1.02 as follows:

 3        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 4        Sec. 1.02.  For the purposes of this Act:
 5        "Meeting"  means  any gathering of a majority of a quorum
 6    of the members of a public  body  held  for  the  purpose  of
 7    discussing public business.
 8        "Public   body"   includes  all  legislative,  executive,
 9    administrative or advisory bodies  of  the  State,  counties,
10    townships,   cities,  villages,  incorporated  towns,  school
11    districts  and  all  other  municipal  corporations,  boards,
12    bureaus, committees or commissions of  this  State,  and  any
13    subsidiary  bodies  of any of the foregoing including but not
14    limited to committees and subcommittees which  are  supported
15    in  whole  or  in  part  by  tax revenue, or which expend tax
16    revenue,  except  the  General  Assembly  and  committees  or
17    commissions thereof.  "Public body" includes  tourism  boards
18    and  convention  or  civic  center boards located in counties
19    that are contiguous to the Mississippi River with populations
20    of more than 250,000 but less than  300,000.   "Public  body"
21    includes the Health Facilities Planning Board.  "Public body"
22    does  not include a child death review team established under
23    the Child Death Review Team  Act  or  an  ethics  commission,
24    ethics  officer,  or ultimate jurisdictional authority acting
25    under the State Gift Ban Act as provided  by  Section  80  of
26    that Act.
27    (Source:  P.A.  90-517,  eff.  8-22-97;  90-737, eff. 1-1-99;
28    91-782, eff. 6-9-00.)

29        Section 15.  The Freedom of Information Act is amended by
30    re-enacting Section 7 as follows:

31        (5 ILCS 140/7) (from Ch. 116, par. 207)
 
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 1        Sec. 7.  Exemptions.
 2        (1)  The following shall be exempt  from  inspection  and
 3    copying:
 4             (a)  Information    specifically   prohibited   from
 5        disclosure  by  federal  or  State  law  or   rules   and
 6        regulations adopted under federal or State law.
 7             (b)  Information    that,    if   disclosed,   would
 8        constitute a clearly  unwarranted  invasion  of  personal
 9        privacy, unless the disclosure is consented to in writing
10        by  the  individual  subjects  of  the  information.  The
11        disclosure of information that bears on the public duties
12        of public employees and officials shall not be considered
13        an invasion of personal  privacy.   Information  exempted
14        under  this  subsection  (b)  shall  include  but  is not
15        limited to:
16                  (i)  files and personal information  maintained
17             with   respect   to  clients,  patients,  residents,
18             students  or  other  individuals  receiving  social,
19             medical,   educational,    vocational,    financial,
20             supervisory  or  custodial care or services directly
21             or  indirectly  from  federal  agencies  or   public
22             bodies;
23                  (ii)  personnel  files and personal information
24             maintained with respect to employees, appointees  or
25             elected  officials  of any public body or applicants
26             for those positions;
27                  (iii)  files    and    personal     information
28             maintained with respect to any applicant, registrant
29             or  licensee  by any public body cooperating with or
30             engaged    in    professional    or     occupational
31             registration, licensure or discipline;
32                  (iv)  information  required  of any taxpayer in
33             connection with the assessment or collection of  any
34             tax unless disclosure is otherwise required by State
 
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 1             statute; and
 2                  (v)  information   revealing  the  identity  of
 3             persons  who  file  complaints   with   or   provide
 4             information  to  administrative,  investigative, law
 5             enforcement or penal  agencies;  provided,  however,
 6             that   identification   of   witnesses   to  traffic
 7             accidents,  traffic  accident  reports,  and  rescue
 8             reports  may  be  provided  by  agencies  of   local
 9             government,  except  in  a case for which a criminal
10             investigation is  ongoing,  without  constituting  a
11             clearly  unwarranted   per  se  invasion of personal
12             privacy under this subsection.
13             (c)  Records  compiled  by  any  public   body   for
14        administrative   enforcement   proceedings  and  any  law
15        enforcement or correctional agency  for  law  enforcement
16        purposes  or  for  internal matters of a public body, but
17        only to the extent that disclosure would:
18                  (i)  interfere with  pending  or  actually  and
19             reasonably  contemplated law enforcement proceedings
20             conducted by any  law  enforcement  or  correctional
21             agency;
22                  (ii)  interfere   with  pending  administrative
23             enforcement  proceedings  conducted  by  any  public
24             body;
25                  (iii)  deprive a person of a fair trial  or  an
26             impartial hearing;
27                  (iv)  unavoidably  disclose  the  identity of a
28             confidential  source  or  confidential   information
29             furnished only by the confidential source;
30                  (v)  disclose     unique     or     specialized
31             investigative  techniques other than those generally
32             used and known or  disclose  internal  documents  of
33             correctional    agencies   related   to   detection,
34             observation or investigation of incidents  of  crime
 
HB1330 Engrossed            -28-               LRB9203281MWmb
 1             or misconduct;
 2                  (vi)  constitute   an   invasion   of  personal
 3             privacy under subsection (b) of this Section;
 4                  (vii)  endanger the life or physical safety  of
 5             law enforcement personnel or any other person; or
 6                  (viii)  obstruct     an     ongoing    criminal
 7             investigation.
 8             (d)  Criminal history record information  maintained
 9        by  State  or local criminal justice agencies, except the
10        following which shall be open for public  inspection  and
11        copying:
12                  (i)  chronologically      maintained     arrest
13             information, such  as  traditional  arrest  logs  or
14             blotters;
15                  (ii)  the  name of a person in the custody of a
16             law enforcement agency and  the  charges  for  which
17             that person is being held;
18                  (iii)  court records that are public;
19                  (iv)  records   that  are  otherwise  available
20             under State or local law; or
21                  (v)  records in which the requesting  party  is
22             the  individual identified, except as provided under
23             part (vii) of paragraph (c)  of  subsection  (1)  of
24             this Section.
25             "Criminal  history  record  information"  means data
26        identifiable  to  an   individual   and   consisting   of
27        descriptions   or   notations   of  arrests,  detentions,
28        indictments, informations, pre-trial proceedings, trials,
29        or other formal events in the criminal justice system  or
30        descriptions  or notations of criminal charges (including
31        criminal violations of local  municipal  ordinances)  and
32        the   nature   of   any  disposition  arising  therefrom,
33        including sentencing, court or correctional  supervision,
34        rehabilitation  and  release.  The term does not apply to
 
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 1        statistical records and reports in which individuals  are
 2        not  identified  and  from which their identities are not
 3        ascertainable, or to information  that  is  for  criminal
 4        investigative or intelligence purposes.
 5             (e)  Records  that  relate to or affect the security
 6        of correctional institutions and detention facilities.
 7             (f)  Preliminary  drafts,  notes,   recommendations,
 8        memoranda   and  other  records  in  which  opinions  are
 9        expressed, or policies or actions are formulated,  except
10        that  a  specific  record or relevant portion of a record
11        shall not be exempt when the record is publicly cited and
12        identified by the head of the public body. The  exemption
13        provided  in  this  paragraph  (f)  extends  to all those
14        records of officers and agencies of the General  Assembly
15        that pertain to the preparation of legislative documents.
16             (g)  Trade   secrets  and  commercial  or  financial
17        information obtained from a person or business where  the
18        trade  secrets or information are proprietary, privileged
19        or confidential, or where disclosure of the trade secrets
20        or information may cause competitive harm, including  all
21        information  determined  to be confidential under Section
22        4002 of the Technology Advancement and  Development  Act.
23        Nothing   contained   in  this  paragraph  (g)  shall  be
24        construed to prevent a person or business from consenting
25        to disclosure.
26             (h)  Proposals and bids for any contract, grant,  or
27        agreement,   including   information  which  if  it  were
28        disclosed  would  frustrate  procurement   or   give   an
29        advantage  to  any  person  proposing  to  enter  into  a
30        contractor  agreement  with  the  body, until an award or
31        final selection is made.  Information prepared by or  for
32        the  body  in  preparation of a bid solicitation shall be
33        exempt until an award or final selection is made.
34             (i)  Valuable  formulae,   designs,   drawings   and
 
HB1330 Engrossed            -30-               LRB9203281MWmb
 1        research  data  obtained  or  produced by any public body
 2        when disclosure could reasonably be expected  to  produce
 3        private gain or public loss.
 4             (j)  Test   questions,   scoring   keys   and  other
 5        examination  data  used   to   administer   an   academic
 6        examination   or  determined  the  qualifications  of  an
 7        applicant for a license or employment.
 8             (k)  Architects'  plans  and  engineers'   technical
 9        submissions  for projects not constructed or developed in
10        whole or in part  with  public  funds  and  for  projects
11        constructed or developed with public funds, to the extent
12        that disclosure would compromise security.
13             (l)  Library    circulation    and   order   records
14        identifying library users with specific materials.
15             (m)  Minutes of meetings of public bodies closed  to
16        the public as provided in the Open Meetings Act until the
17        public  body  makes  the  minutes available to the public
18        under Section 2.06 of the Open Meetings Act.
19             (n)  Communications between a  public  body  and  an
20        attorney  or  auditor  representing  the public body that
21        would not be subject  to  discovery  in  litigation,  and
22        materials prepared or compiled by or for a public body in
23        anticipation  of  a  criminal,  civil  or  administrative
24        proceeding  upon  the request of an attorney advising the
25        public body, and  materials  prepared  or  compiled  with
26        respect to internal audits of public bodies.
27             (o)  Information  received by a primary or secondary
28        school, college or university under  its  procedures  for
29        the  evaluation  of  faculty  members  by  their academic
30        peers.
31             (p)  Administrative   or    technical    information
32        associated  with  automated  data  processing operations,
33        including  but  not  limited   to   software,   operating
34        protocols,  computer  program  abstracts,  file  layouts,
 
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 1        source  listings,  object  modules,  load  modules,  user
 2        guides,  documentation  pertaining  to  all  logical  and
 3        physical   design   of   computerized  systems,  employee
 4        manuals, and any other information  that,  if  disclosed,
 5        would  jeopardize  the security of the system or its data
 6        or the security of materials exempt under this Section.
 7             (q)  Documents or materials relating  to  collective
 8        negotiating  matters  between  public  bodies  and  their
 9        employees  or  representatives,  except  that  any  final
10        contract  or agreement shall be subject to inspection and
11        copying.
12             (r)  Drafts, notes,  recommendations  and  memoranda
13        pertaining to the financing and marketing transactions of
14        the  public body. The records of ownership, registration,
15        transfer, and exchange of municipal debt obligations, and
16        of  persons  to  whom  payment  with  respect  to   these
17        obligations is made.
18             (s)  The records, documents and information relating
19        to   real   estate   purchase  negotiations  until  those
20        negotiations have been completed or otherwise terminated.
21        With regard to a parcel involved in a pending or actually
22        and reasonably  contemplated  eminent  domain  proceeding
23        under  Article  VII  of  the  Code  of  Civil  Procedure,
24        records,  documents  and  information  relating  to  that
25        parcel  shall  be  exempt  except as may be allowed under
26        discovery rules adopted by the  Illinois  Supreme  Court.
27        The records, documents and information relating to a real
28        estate sale shall be exempt until a sale is consummated.
29             (t)  Any and all proprietary information and records
30        related  to  the  operation  of an intergovernmental risk
31        management association or self-insurance pool or  jointly
32        self-administered  health  and  accident  cooperative  or
33        pool.
34             (u)  Information     concerning    a    university's
 
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 1        adjudication  of  student  or   employee   grievance   or
 2        disciplinary  cases,  to the extent that disclosure would
 3        reveal the  identity  of  the  student  or  employee  and
 4        information  concerning any public body's adjudication of
 5        student or employee  grievances  or  disciplinary  cases,
 6        except for the final outcome of the cases.
 7             (v)  Course  materials or research materials used by
 8        faculty members.
 9             (w)  Information  related  solely  to  the  internal
10        personnel rules and practices of a public body.
11             (x)  Information  contained   in   or   related   to
12        examination, operating, or condition reports prepared by,
13        on behalf of, or for the use of a public body responsible
14        for   the   regulation   or   supervision   of  financial
15        institutions or insurance companies, unless disclosure is
16        otherwise required by State law.
17             (y)  Information  the   disclosure   of   which   is
18        restricted  under  Section  5-108 of the Public Utilities
19        Act.
20             (z)  Manuals or instruction to staff that relate  to
21        establishment  or  collection  of liability for any State
22        tax or that relate to investigations by a public body  to
23        determine violation of any criminal law.
24             (aa)  Applications,  related  documents, and medical
25        records    received    by    the    Experimental    Organ
26        Transplantation  Procedures  Board  and   any   and   all
27        documents  or  other records prepared by the Experimental
28        Organ  Transplantation  Procedures  Board  or  its  staff
29        relating to applications it has received.
30             (bb)  Insurance or  self  insurance  (including  any
31        intergovernmental  risk  management  association  or self
32        insurance  pool)  claims,   loss   or   risk   management
33        information, records, data, advice or communications.
34             (cc)  Information and records held by the Department
 
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 1        of  Public  Health  and  its  authorized  representatives
 2        relating   to   known  or  suspected  cases  of  sexually
 3        transmissible disease or any information  the  disclosure
 4        of  which  is  restricted  under  the  Illinois  Sexually
 5        Transmissible Disease Control Act.
 6             (dd)  Information   the   disclosure   of  which  is
 7        exempted under Section 30 of the Radon Industry Licensing
 8        Act.
 9             (ee)  Firm performance evaluations under Section  55
10        of  the  Architectural,  Engineering,  and Land Surveying
11        Qualifications Based Selection Act.
12             (ff)  Security portions  of  system  safety  program
13        plans,  investigation reports, surveys, schedules, lists,
14        data, or information compiled, collected, or prepared  by
15        or   for  the  Regional  Transportation  Authority  under
16        Section 2.11 of the Regional Transportation Authority Act
17        or the State  of  Missouri  under  the  Bi-State  Transit
18        Safety Act.
19             (gg)  Information   the   disclosure   of  which  is
20        restricted and exempted under Section 50 of the  Illinois
21        Prepaid Tuition Act.
22             (hh)  Information   the   disclosure   of  which  is
23        exempted under Section 80 of the State Gift Ban Act.
24             (ii)  Beginning July 1, 1999, information that would
25        disclose or might lead to the  disclosure  of  secret  or
26        confidential information, codes, algorithms, programs, or
27        private  keys intended to be used to create electronic or
28        digital signatures under the Electronic Commerce Security
29        Act.
30             (jj)  Information contained  in  a  local  emergency
31        energy  plan  submitted  to  a municipality in accordance
32        with a local emergency  energy  plan  ordinance  that  is
33        adopted under Section 11-21.5-5 of the Illinois Municipal
34        Code.
 
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 1             (kk)   (jj)  Information  and  data  concerning  the
 2        distribution of surcharge moneys collected  and  remitted
 3        by   wireless   carriers  under  the  Wireless  Emergency
 4        Telephone Safety Act.
 5        (2)  This  Section  does  not  authorize  withholding  of
 6    information or limit  the  availability  of  records  to  the
 7    public,  except  as  stated  in  this  Section  or  otherwise
 8    provided in this Act.
 9    (Source:  P.A.  90-262,  eff.  7-30-97; 90-273, eff. 7-30-97;
10    90-546, eff. 12-1-97;  90-655,  eff.  7-30-98;  90-737,  eff.
11    1-1-99;  90-759,  eff.  7-1-99; 91-137, eff. 7-16-99; 91-357,
12    eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.)

13        (5 ILCS 420/3-101 rep.)
14        Section 20.  The  Illinois  Governmental  Ethics  Act  is
15    amended by repealing Section 3-101.

16        Section  25.  The Election Code is amended by re-enacting
17    Sections 9-1.7, 9-1.8, 9-1.9, 9-1.12, 9-6, 9-7.5, 9-11, 9-12,
18    9-13, 9-14, 9-26, and 9-28, and by re-enacting  and  changing
19    Sections  9-3,  9-8.10, 9-8.15, 9-9.5, 9-10, 9-23, and 9-27.5
20    and by adding Sections 9-8.5, 9-8.7, and 9-25.2 as follows:

21        (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
22        Sec.  9-1.7.  "Local  political  committee"   means   the
23    candidate  himself  or  any  individual,  trust, partnership,
24    committee, association, corporation, or other organization or
25    group of persons which:
26             (a)  accepts  contributions  or  grants   or   makes
27        expenditures  during  any 12-month period in an aggregate
28        amount exceeding $3,000 on behalf of or in opposition  to
29        a  candidate  or  candidates  for  public  office who are
30        required by the Illinois Governmental Ethics Act to  file
31        statements  of  economic interests with the county clerk,
 
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 1        or on behalf of  or  in  opposition  to  a  candidate  or
 2        candidates for election to the office of ward or township
 3        committeeman in counties of 3,000,000 or more population;
 4             (b)  accepts  contributions  or  makes  expenditures
 5        during   any  12-month  period  in  an  aggregate  amount
 6        exceeding $3,000 in support of or in  opposition  to  any
 7        question of public policy to be submitted to the electors
 8        of an area encompassing no more than one county; or
 9             (c)  accepts  contributions  or  makes  expenditures
10        during   any  12-month  period  in  an  aggregate  amount
11        exceeding $3,000 and  has  as  its  primary  purpose  the
12        furtherance  of governmental, political or social values,
13        is  organized  on  a  not-for-profit  basis,  and   which
14        publicly  endorses  or  publicly  opposes  a candidate or
15        candidates for public office  who  are  required  by  the
16        Illinois  Governmental  Ethics  Act to file statements of
17        economic interest with the County Clerk or a candidate or
18        candidates  for  the   office   of   ward   or   township
19        committeeman in counties of 3,000,000 or more population.
20    (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)

21        (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
22        Sec.   9-1.8.   "State  political  committee"  means  the
23    candidate himself  or  any  individual,  trust,  partnership,
24    committee,    association,    corporation,   or   any   other
25    organization or group of persons which--
26        (a)  accepts   contributions   or   grants    or    makes
27    expenditures  during  any  12-month  period  in  an aggregate
28    amount exceeding $3,000 on behalf of or in  opposition  to  a
29    candidate or candidates for public office who are required by
30    the  Illinois  Governmental  Ethics Act to file statements of
31    economic interests with the Secretary of State,
32        (b)  accepts contributions or makes  expenditures  during
33    any  12-month  period in an aggregate amount exceeding $3,000
 
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 1    in support of or in opposition  to  any  question  of  public
 2    policy   to   be   submitted  to  the  electors  of  an  area
 3    encompassing more than one county, or
 4        (c)  accepts contributions or makes  expenditures  during
 5    any  12-month  period in an aggregate amount exceeding $3,000
 6    and  has  as  its  primary   purpose   the   furtherance   of
 7    governmental,  political  or social values, is organized on a
 8    not-for-profit basis, and which publicly endorses or publicly
 9    opposes a candidate or candidates for public office  who  are
10    required  by  the  Illinois  Governmental  Ethics Act to file
11    statements of economic interest with the Secretary of State.
12    (Source: P.A. 90-737, eff. 1-1-99.)

13        (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
14        Sec. 9-1.9. "Political committee" includes State  central
15    and  county  central  committees  of any political party, and
16    also includes local political committees and state  political
17    committees,  but  does not include any candidate who does not
18    accept contributions or make expenditures during any 12-month
19    period in an aggregate amount exceeding $3,000, nor  does  it
20    include,  with  the  exception  of  State  central and county
21    central committees of any political  party,  any  individual,
22    trust,  partnership,  committee, association, corporation, or
23    any other organization or group of  persons  which  does  not
24    accept contributions or make expenditures during any 12-month
25    period  in  an aggregate amount exceeding $3,000 on behalf of
26    or in opposition to a  candidate  or  candidates  or  to  any
27    question  of  public  policy, and such candidates and persons
28    shall not be required to comply with any filing provisions in
29    this Article.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12)
32        Sec. 9-1.12.  Anything  of  value  includes  all  things,
 
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 1    services,  or goods, regardless of whether they may be valued
 2    in monetary terms according to  ascertainable  market  value.
 3    Anything of value which does not have an ascertainable market
 4    value  must be reported by describing the thing, services, or
 5    goods contributed and by using  the  contributor's  certified
 6    market value required under Section 9-6.
 7    (Source: P.A. 90-737, eff. 1-1-99.)

 8        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
 9        Sec.  9-3.   Every  state  political  committee and every
10    local political committee shall file with the State Board  of
11    Elections,  and  every  local  political committee shall file
12    with the county clerk, a statement of organization within  10
13    business  days  of the creation of such committee, except any
14    political committee created within  the  30  days  before  an
15    election  shall  file  a  statement  of organization within 5
16    business days.  A political committee that  acts  as  both  a
17    state  political  committee  and  a local political committee
18    shall file a copy of each statement of organization with  the
19    State Board of Elections and  the county clerk.
20        The statement of organization shall include -
21        (a)  the name and address of the political committee (the
22    name  of the political committee must include the name of any
23    sponsoring entity);
24        (b)  the scope,  area  of  activity,  party  affiliation,
25    candidate  affiliation  and  his  county  of  residence,  and
26    purposes of the political committee;
27        (c)  the name, address, and position of each custodian of
28    the committee's books and accounts;
29        (d)  the  name,  address, and position of the committee's
30    principal officers, including the  chairman,  treasurer,  and
31    officers and members of its finance committee, if any;
32        (e)  (Blank);
33        (f)  a statement of what specific disposition of residual
 
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 1    fund  will  be  made  in  the  event  of  the  dissolution or
 2    termination of the committee;
 3        (g)  a  listing  of  all   banks   or   other   financial
 4    institutions,   safety   deposit   boxes,   and   any   other
 5    repositories or custodians of funds used by the committee;
 6        (h)  the   amount   of   funds   available  for  campaign
 7    expenditures  as  of  the  filing  date  of  the  committee's
 8    statement of organization.
 9        A political committee that acts as either (i) a state and
10    local political committee or (ii) a local political committee
11    and that files reports electronically under Section  9-28  is
12    not  required  to  file  a statement of organization with the
13    appropriate county clerk if the county  clerk  has  a  system
14    that  permits  access to, and duplication of, statements that
15    are filed with the State Board of Elections.
16        For purposes of this Section, a  "sponsoring  entity"  is
17    (i)    any   person,   political   committee,   organization,
18    corporation, or association that contributes at least 33%  of
19    the  total  funding  of  the  political committee or (ii) any
20    person or other entity that is registered or is  required  to
21    register  under the Lobbyist Registration Act and contributes
22    at least 33% of the total funding of the political committee.
23    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

24        (10 ILCS 5/9-6) (from Ch. 46, par. 9-6)
25        Sec. 9-6. Accounting for contributions.
26        (a)  Every person who receives a contribution  in  excess
27    of  $20  for  a  political  committee shall, on demand of the
28    treasurer, and in any event within 5 days  after  receipt  of
29    such contribution, render to the treasurer a detailed account
30    thereof,  including  the  amount, the name and address of the
31    person making such contribution, and the date on which it was
32    received.
33        (b)  Within 5 business  days  of  contributing  goods  or
 
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 1    services of more than $50 value to a political committee, the
 2    contributor  shall  certify  the value of the contribution to
 3    the political committee on  forms  prescribed  by  the  State
 4    Board  of  Elections.   The  forms shall include the name and
 5    address of the contributor, a description and market value of
 6    the goods or services, and the date on which the contribution
 7    was made.
 8        (c)  All  funds  of  a  political  committee   shall   be
 9    segregated from, and may not be commingled with, any personal
10    funds of officers, members, or associates of such committee.
11    (Source: P.A. 90-737, eff. 1-1-99.)

12        (10 ILCS 5/9-7.5)
13        Sec.  9-7.5.   Nonprofit  organization  registration  and
14    disclosure.
15        (a)  Each  nonprofit  organization,  except  for  a labor
16    union (i) registered under the Lobbyist Registration  Act  or
17    for  which lobbying is undertaken by persons registered under
18    that  Act,  (ii)  that  has  not  established   a   political
19    committee,  and  (iii)  that  accepts  contributions or makes
20    expenditures during  any  12-month  period  in  an  aggregate
21    amount  exceeding $5,000 (I) on behalf of or in opposition to
22    public officials, candidates for public office, or a question
23    of public policy and (II)  for  the  purpose  of  influencing
24    legislative,  executive,  or administrative action as defined
25    in the Lobbyist Registration  Act  shall  register  with  the
26    State  Board of Elections.  The Board by rule shall prescribe
27    the registration procedure and form.  The  registration  form
28    shall require the following information:
29             (1)  The registrant's name, address, and purpose.
30             (2)  The   name,   address,  and  position  of  each
31        custodian of the registrant's financial books,  accounts,
32        and records.
33             (3)  The  name, address, and position of each of the
 
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 1        registrant's principal officers.
 2        (b)  Each nonprofit  organization  required  to  register
 3    under  subsection (a) shall file contribution and expenditure
 4    reports with the Board.  The Board by  rule  shall  prescribe
 5    the form, which shall require the following information:
 6             (1)  The organization's name, address, and purpose.
 7             (2)  The amount of funds on hand at the beginning of
 8        the reporting period.
 9             (3)  The  full  name  and address of each person who
10        has  made  one  or  more  contributions  to  or  for  the
11        organization within the reporting period in an  aggregate
12        amount  or  value  in  excess  of $150, together with the
13        amount  and  date  of  the  contributions,   and   if   a
14        contributor  is  an  individual who contributed more than
15        $500, the occupation and employer of the contributor  or,
16        if  the  occupation  and  employer of the contributor are
17        unknown, a statement that the  organization  has  made  a
18        good faith effort to ascertain this information.
19             (4)  The  total sum of individual contributions made
20        to or for the organization during  the  reporting  period
21        and not reported in item (3).
22             (5)  The  name  and address of each organization and
23        political committee from which the reporting organization
24        received,  or  to  which  that  organization  made,   any
25        transfer  of  funds  in  an  aggregate amount or value in
26        excess of $150, together with the amounts  and  dates  of
27        the transfers.
28             (6)  The  total sum of transfers made to or from the
29        organization during the reporting period and not reported
30        in item (5).
31             (7)  Each loan to or  from  any  person  within  the
32        reporting   period  by  or  to  the  organization  in  an
33        aggregate amount or value in  excess  of  $150,  together
34        with  the  full names and mailing addresses of the lender
 
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 1        and endorsers, if any, and the date  and  amount  of  the
 2        loans,  and  if a lender or endorser is an individual who
 3        loaned  or  endorsed  a  loan  of  more  than  $500,  the
 4        occupation and employer of  the  individual  or,  if  the
 5        occupation  and employer of the individual are unknown, a
 6        statement that the organization has  made  a  good  faith
 7        effort to ascertain this information.
 8             (8)  The  total  amount  of proceeds received by the
 9        organization from  (i)  the  sale  of  tickets  for  each
10        dinner,   luncheon,  cocktail  party,  rally,  and  other
11        fundraising event, (ii) mass collections  made  at  those
12        events, and (iii) sales of items such as buttons, badges,
13        flags,  emblems,  hats,  banners, literature, and similar
14        materials.
15             (9)  Each contribution,  rebate,  refund,  or  other
16        receipt  in  excess  of $150 received by the organization
17        not otherwise listed under items (3) through (8), and  if
18        a  contributor is an individual who contributed more than
19        $500, the occupation and employer of the contributor  or,
20        if  the  occupation  and  employer of the contributor are
21        unknown, a statement that the  organization  has  made  a
22        good faith effort to ascertain this information.
23             (10)  The  total  sum  of all receipts by or for the
24        organization during the reporting period.
25             (11)  The full name  and  mailing  address  of  each
26        person  to  whom  expenditures  have  been  made  by  the
27        organization  within the reporting period in an aggregate
28        amount or value in excess of $150, the amount, date,  and
29        purpose  of  each expenditure, and the question of public
30        policy on behalf of which the expenditure was made.
31             (12)  The full name  and  mailing  address  of  each
32        person  to  whom  an  expenditure  for personal services,
33        salaries, and reimbursed expenses in excess of  $150  has
34        been  made and which is not otherwise reported, including
 
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 1        the amount, date, and purpose of the expenditure.
 2             (13)  The total sum  of  expenditures  made  by  the
 3        organization during the reporting period.
 4             (14)  The  full  name  and  mailing  address of each
 5        person to whom the organization owes debts or obligations
 6        in excess  of  $150  and  the  amount  of  the  debts  or
 7        obligations.
 8        The  State  Board  by  rule  shall  define  a "good faith
 9    effort".
10        (c)  The reports required under subsection (b)  shall  be
11    filed at the same times and for the same reporting periods as
12    reports  of campaign contributions and semi-annual reports of
13    campaign contributions  and  expenditures  required  by  this
14    Article  of political committees.  The reports required under
15    subsection (b) shall be available for public  inspection  and
16    copying  in  the  same  manner  as reports filed by political
17    committees. The Board may charge a fee that covers the  costs
18    of copying and distribution, if any.
19        (d)  An  organization  required  to  file  reports  under
20    subsection  (b)  shall  include a statement on all literature
21    and advertisements soliciting funds stating the following:
22        "A copy of our report  filed  with  the  State  Board  of
23    Elections  is  (or  will  be) available for purchase from the
24    State Board of Elections, Springfield, Illinois".
25    (Source: P.A. 90-737, eff. 1-1-99.)

26        (10 ILCS 5/9-8.5 new)
27        Sec. 9-8.5.  Prohibited solicitations  by  certain  State
28    officials,  employees,  and  appointees.  An executive branch
29    constitutional officer, his or her employees, or a  candidate
30    in  a  general  primary election or general election for that
31    constitutional office may not knowingly solicit contributions
32    from that constitutional officer's employees,  regardless  of
33    the time, place, or manner of solicitation.
 
HB1330 Engrossed            -43-               LRB9203281MWmb
 1        For   the  purpose  of  this  Section:  executive  branch
 2    constitutional  officer  means   the   Governor,   Lieutenant
 3    Governor,   Secretary   of  State,  Attorney  General,  State
 4    Treasurer,  and  State  Comptroller;  and  employee  means  a
 5    full-time  or  part-time  salaried  employee  or  a  salaried
 6    appointee  of  any   office,   board,   commission,   agency,
 7    department,  authority,  administrative  unit,  or  corporate
 8    outgrowth under the jurisdiction of the applicable officer or
 9    entity.
10        Violation   of   this  Section  constitutes  grounds  for
11    disciplinary  action,  including   discharge,   against   the
12    offending officer or employee to the extent permissible under
13    the  Illinois  Constitution.   In  the  case  of an executive
14    branch constitutional officer, violation of this Section  may
15    constitute grounds for his or her impeachment.
16        Nothing  in this Section prevents the making or accepting
17    of voluntary contributions otherwise in accordance with law.

18        (10 ILCS 5/9-8.7 new)
19        Sec. 9-8.7.  Prohibited offer or  promise.  An  executive
20    branch  constitutional  officer,  an employee of an executive
21    branch constitutional officer, or a candidate  in  a  general
22    primary  election or general election for an executive branch
23    constitutional office may  not  promise  anything  of  value,
24    including  but  not limited to positions in State government,
25    promotions, salary increases, or  preferential  treatment  of
26    any  type,  in  return  for  a  contribution  to  a political
27    committee, political party, or other entity that has  as  one
28    of  its  purposes  the  financial  support of a candidate for
29    elective office.
30        For  the  purpose  of  this  Section:   executive  branch
31    constitutional  officer  means   the   Governor,   Lieutenant
32    Governor,   Secretary   of  State,  Attorney  General,  State
33    Treasurer,  and  State  Comptroller;  and  employee  means  a
 
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 1    full-time  or  part-time  salaried  employee  or  a  salaried
 2    appointee  of  any   office,   board,   commission,   agency,
 3    department,  authority,  administrative  unit,  or  corporate
 4    outgrowth under the jurisdiction of the applicable officer or
 5    entity.
 6        Violation   of   this  Section  constitutes  grounds  for
 7    disciplinary  action,  including   discharge,   against   the
 8    offending officer or employee to the extent permissible under
 9    the  Illinois  Constitution.   In  the  case  of an executive
10    branch constitutional officer, violation of this Section  may
11    constitute grounds for his or her impeachment.
12        Nothing  in this Section prevents the making or accepting
13    of voluntary contributions otherwise in accordance with law.

14        (10 ILCS 5/9-8.10)
15        Sec.  9-8.10.  Use  of  political  committee  and   other
16    reporting organization funds.
17        (a)  The funds of (i) a political committee controlled by
18    an  officeholder  or  by  a candidate or (ii) an organization
19    subject to Section 9-7.5 may be used only for:
20             (1)  Expenditures that would not be included in base
21        income under Section 203 of the Illinois Income  Tax  Act
22        and the regulations promulgated under that Section.
23             (2)  Defraying  the  ordinary and necessary expenses
24        of an officeholder or candidate.   For  the  purposes  of
25        this  paragraph  (2),  "ordinary  and necessary expenses"
26        include, but are not limited to, expenses in relation  to
27        the  operation  of the district office of a member of the
28        General Assembly.
29             (3)  Donations to organizations exempt from taxation
30        under Section 170(c) of the Internal Revenue Code.
31             (4)  Transfers to  any  national,  State,  or  local
32        political  committee,  subject to the laws governing that
33        political   committee.   A   political   committee,    or
 
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 1        organization  subject  to  Section  9-7.5, shall not make
 2        expenditures:
 3             (1)  In violation of any law of the United States or
 4        of this State.
 5             (2)  Clearly in excess of the fair market  value  of
 6        the  services, materials, facilities,  or other things of
 7        value received in exchange.
 8             (3)  For satisfaction  or  repayment  of  any  debts
 9        other  than loans made to the  committee or to the public
10        official or candidate  on  behalf  of  the  committee  or
11        repayment   of   goods  and  services  purchased  by  the
12        committee under a  credit  agreement.   Nothing  in  this
13        Section  authorizes  the  use  of campaign funds to repay
14        personal loans.  The repayments shall be  made  by  check
15        written  to  the  person  who  made  the  loan  or credit
16        agreement.  The terms  and  conditions  of  any  loan  or
17        credit  agreement  to a committee shall be set forth in a
18        written agreement,  including  but  not  limited  to  the
19        method and amount of repayment, that shall be executed by
20        the chairman or treasurer of the committee at the time of
21        the  loan  or  credit  agreement.   The loan or agreement
22        shall also set forth the rate of interest for  the  loan,
23        if any, which may not substantially exceed the prevailing
24        market  interest  rate  at  the  time  the  agreement  is
25        executed.
26             (4)  For  the satisfaction or repayment of any debts
27        or for the payment of any expenses relating to a personal
28        residence. Campaign funds may not be used  as  collateral
29        for home mortgages.
30             (5)  For  clothing  or  personal  laundry  expenses,
31        except  clothing  items  rented by the public official or
32        candidate for his  or  her  own  use  exclusively  for  a
33        specific campaign-related event, provided that committees
34        may   purchase   costumes,   novelty   items,   or  other
 
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 1        accessories worn primarily to advertise the candidacy.
 2             (6)  For the travel expenses of  any  person  unless
 3        the  travel  is  necessary  for fulfillment of political,
 4        governmental, or public  policy  duties,  activities,  or
 5        purposes.
 6             (7)  For   membership   or   club  dues  charged  by
 7        organizations, clubs, or facilities  that  are  primarily
 8        engaged  in  providing  health, exercise, or recreational
 9        services; provided, however, that  funds  received  under
10        this  Article may be used to rent the clubs or facilities
11        for a specific campaign-related event.
12             (8)  In  payment  for  anything  of  value  or   for
13        reimbursement of any expenditure for which any person has
14        been  reimbursed by the State or any person. For purposes
15        of  this  item  (8),  a  per  diem  allowance  is  not  a
16        reimbursement.
17             (9)  For the purchase of or installment payment  for
18        a  motor  vehicle  unless  the  political  committee  can
19        demonstrate  that  purchase  of  a  motor vehicle is more
20        cost-effective than leasing a motor vehicle as  permitted
21        under  this item (9).  A political committee may lease or
22        purchase and insure, maintain, and repair a motor vehicle
23        if the  vehicle  will  be  used  primarily  for  campaign
24        purposes  or  for the performance of governmental duties.
25        A committee shall not make expenditures for  use  of  the
26        vehicle  for  non-campaign  or non-governmental purposes.
27        Persons using vehicles  not  purchased  or  leased  by  a
28        political  committee may be reimbursed for actual mileage
29        for the use of the vehicle for campaign purposes  or  for
30        the  performance  of  governmental  duties.   The mileage
31        reimbursements shall be made at a rate not to exceed  the
32        standard  mileage rate method for computation of business
33        expenses under the Internal Revenue Code.
34             (10)  Directly for an individual's tuition or  other
 
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 1        educational   expenses,   except   for   governmental  or
 2        political purposes directly related to a  candidate's  or
 3        public official's duties and responsibilities.
 4             (11)  For payments to a public official or candidate
 5        or  his  or her family member unless for compensation for
 6        services actually rendered by that person.
 7        The provisions of this Section item (11) do not apply  to
 8    expenditures  by a political committee in an aggregate amount
 9    not exceeding the amount of funds reported to  and  certified
10    by  the  State  Board or county clerk as available as of June
11    30, 1998, in the  semi-annual  report  of  contributions  and
12    expenditures  filed by the political committee for the period
13    concluding June 30, 1998.
14        (b)  The Board shall have the authority  to  investigate,
15    upon  receipt  of  a  verified  complaint,  violations of the
16    provisions of this Section.  The Board may levy a fine on any
17    person who knowingly makes expenditures in violation of  this
18    Section and on any person who knowingly makes a malicious and
19    false  accusation  of  a violation of this Section. The Board
20    may act under this subsection only upon the affirmative  vote
21    of at least 5 of its members.  The fine shall not exceed $500
22    for each expenditure of $500 or less and shall not exceed the
23    amount  of  the  expenditure  plus  $500 for each expenditure
24    greater than $500.  The Board shall also have  the  authority
25    to  render  rulings and issue opinions relating to compliance
26    with this Section.
27    (Source: P.A. 90-737, eff. 1-1-99.)

28        (10 ILCS 5/9-8.15)
29        Sec.   9-8.15.    Contributions   on   State    property.
30    Contributions  shall  not be knowingly solicited, offered, or
31    accepted on a  face-to-face  basis  by  public  officials  or
32    employees  or  by  candidates  on  State  property  except as
33    provided in this Section.
 
HB1330 Engrossed            -48-               LRB9203281MWmb
 1        Contributions may be solicited, offered, or  accepted  on
 2    State property on a face-to-face basis by public officials or
 3    employees  or  by candidates at a fundraising event for which
 4    the State property is leased or rented.
 5        Anyone  who  knowingly  solicits,  offers,   or   accepts
 6    contributions  on State property in violation of this Section
 7    is guilty of a business offense subject to a fine of  $5,000,
 8    except that for contributions solicited, offered, or accepted
 9    for  State  officers  and candidates and political committees
10    formed for  statewide  office,  the  fine  shall  not  exceed
11    $10,000.  For the purpose of this Section, "statewide office"
12    and  "State officer" means the Governor, Lieutenant Governor,
13    Attorney  General,  Secretary  of  State,  Comptroller,   and
14    Treasurer.
15        The  provisions  of  this  Section  do  not  apply to the
16    residences of State officers. 
17    (Source: P.A. 90-737, eff. 1-1-99.)

18        (10 ILCS 5/9-9.5)
19        Sec. 9-9.5.  Disclosure on political literature. (Blank).
20    Any pamphlet, circular,  handbill,  advertisement,  or  other
21    political  literature  that  supports  or  opposes any public
22    official, candidate for public office, or question of  public
23    policy,  or  that  would  have  the  effect  of supporting or
24    opposing any public official, candidate for public office, or
25    question of public policy, shall  contain  the  name  of  the
26    individual  or  organization  that  authorized,  caused to be
27    authorized, paid for, caused to be paid for,  or  distributed
28    the  pamphlet,  circular,  handbill,  advertisement, or other
29    political  literature.  If  the  individual  or  organization
30    includes an  address,  it  must  be  an  actual  personal  or
31    business address of the individual or business address of the
32    organization.
33        This  Section  does not apply to items, the size of which
 
HB1330 Engrossed            -49-               LRB9203281MWmb
 1    is not sufficient to contain the required disclosure.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
 4        Sec. 9-10.  Financial reports.
 5        (a)  The treasurer of every state political committee and
 6    the treasurer of every local political committee  shall  file
 7    with  the  Board,  and the treasurer of every local political
 8    committee shall  file  with  the  county  clerk,  reports  of
 9    campaign  contributions,  and semi-annual reports of campaign
10    contributions and expenditures on forms to be  prescribed  or
11    approved  by  the  Board.   The  treasurer of every political
12    committee that acts as both a state political committee and a
13    local political committee shall file a copy  of  each  report
14    with  the  State  Board  of  Elections  and the county clerk.
15    Entities subject to Section 9-7.5 shall file reports required
16    by that Section at times provided in  this  Section  and  are
17    subject to the penalties provided in this Section.
18        (b)  Reports  of campaign contributions shall be filed no
19    later  than  the  15th  day  next  preceding  each   election
20    including  a  primary  election  in connection with which the
21    political   committee   has   accepted   or   is    accepting
22    contributions  or  has  made or is making expenditures.  Such
23    reports shall be complete as of the 30th day  next  preceding
24    each  election including a primary election.  The Board shall
25    assess a civil penalty not to exceed $5,000 for  a  violation
26    of  this  subsection,  except  that  for  State  officers and
27    candidates and  political  committees  formed  for  statewide
28    office,  the  civil penalty may not exceed $10,000. The fine,
29    however, shall not exceed $500 for a first  filing  violation
30    for  filing less than 10 days after the deadline. There shall
31    be no fine if the report is mailed and postmarked at least 72
32    hours prior to the filing deadline. For the purpose  of  this
33    subsection,  "statewide office" and "State officer" means the
 
HB1330 Engrossed            -50-               LRB9203281MWmb
 1    Governor, Lieutenant Governor, Attorney General, Secretary of
 2    State, Comptroller, and  Treasurer.   However,  a  continuing
 3    political  committee  that  neither accepts contributions nor
 4    makes expenditures on behalf  of  or  in  opposition  to  any
 5    candidate  or  public  question  on the ballot at an election
 6    shall  not  be  required  to  file  the  reports   heretofore
 7    prescribed  but  may  file  in  lieu  thereof  a Statement of
 8    Nonparticipation in the Election with the Board or the  Board
 9    and the county clerk.
10        (b-5)  Notwithstanding  the provisions of subsection (b),
11    any contribution of $500 or  more  received  in  the  interim
12    between  the  last  date  of  the  period covered by the last
13    report filed under subsection (b) prior to the  election  and
14    the  date  of  the  election  shall  be  reported  within 5 2
15    business days after its receipt. The State Board shall  allow
16    filings  under  this subsection (b-5) to be made by facsimile
17    transmission.  For  the  purpose  of   this   subsection,   a
18    contribution  is  considered  received on the date the public
19    official, candidate, or political  committee  (or  equivalent
20    person  in  the  case  of  a  reporting  entity  other than a
21    political committee) actually receives it or, in the case  of
22    goods  or  services,  5  2  days  after  the  date the public
23    official, candidate, committee,  or  other  reporting  entity
24    receives  the  certification required under subsection (b) of
25    Section 9-6.   Failure  to  report  each  contribution  is  a
26    separate  violation  of this subsection.  The Board may shall
27    impose fines for violations of this subsection as follows:
28             (1) For the first violation of this subsection,  not
29        more than $500.
30             (2)  For  a  second  or subsequent violation of this
31        subsection, not more than $1,000.
32             (1)  if the political committee's or other reporting
33        entity's total receipts, total expenditures, and  balance
34        remaining  at  the  end of the last reporting period were
 
HB1330 Engrossed            -51-               LRB9203281MWmb
 1        each $5,000 or less, then $100 per business day  for  the
 2        first  violation,  $200  per  business day for the second
 3        violation, and $300 per business day for  the  third  and
 4        subsequent violations.
 5             (2)  if the political committee's or other reporting
 6        entity's  total receipts, total expenditures, and balance
 7        remaining at the end of the last  reporting  period  were
 8        each more than $5,000, then $200 per business day for the
 9        first  violation,  $400  per  business day for the second
10        violation, and $600 per business day for  the  third  and
11        subsequent violations.
12        (c)  In  addition  to such reports the treasurer of every
13    political  committee  shall  file  semi-annual   reports   of
14    campaign  contributions  and  expenditures no later than July
15    31st, covering the period from January 1st through June  30th
16    immediately  preceding,  and  no  later  than  January  31st,
17    covering  the  period  from July 1st through December 31st of
18    the preceding calendar year.  Reports  of  contributions  and
19    expenditures  must  be  filed  to  cover  the prescribed time
20    periods even though no contributions or expenditures may have
21    been received or made during  the  period.  The  Board  shall
22    assess  a  civil penalty not to exceed $5,000 for a violation
23    of this  subsection,  except  that  for  State  officers  and
24    candidates  and  political  committees  formed  for statewide
25    office, the civil penalty may not exceed $10,000.  The  fine,
26    however,  shall  not exceed $500 for a first filing violation
27    for filing less than 10 days after the deadline. There  shall
28    be no fine if the report is mailed and postmarked at least 72
29    hours  prior  to the filing deadline. For the purpose of this
30    subsection, "statewide office" and "State officer" means  the
31    Governor, Lieutenant Governor, Attorney General, Secretary of
32    State, Comptroller, and Treasurer.
33        (c-5)  A  political  committee  that acts as either (i) a
34    state and local political committee or (ii) a local political
 
HB1330 Engrossed            -52-               LRB9203281MWmb
 1    committee and that files reports electronically under Section
 2    9-28 is not required to file copies of the reports  with  the
 3    appropriate  county  clerk,  if the county clerk has a system
 4    that permits access to, and duplication of, reports that  are
 5    filed with the State Board of Elections.
 6        (d)  A  copy of each report or statement filed under this
 7    Article shall be preserved by the  person  filing  it  for  a
 8    period of two years from the date of filing.
 9    (Source: P.A. 90-737, eff. 1-1-99.)

10        (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
11        Sec.  9-11.  Each  report of campaign contributions under
12    Section 9-10 shall disclose-
13        (1)  the name and address of the political committee;
14        (2)  (Blank);
15        (3)  the amount of funds on hand at the beginning of  the
16    reporting period;
17        (4)  the full name and mailing address of each person who
18    has  made  one or more contributions to or for such committee
19    within the reporting period in an aggregate amount  or  value
20    in  excess of $150, together with the amount and date of such
21    contributions, and if a  contributor  is  an  individual  who
22    contributed  more  than  $500, the occupation and employer of
23    the contributor or, if the occupation  and  employer  of  the
24    contributor  are  unknown, a statement that the committee has
25    made a good faith effort to ascertain this information;
26        (5)  the total sum of individual contributions made to or
27    for such  committee  during  the  reporting  period  and  not
28    reported under item (4);
29        (6)  the  name  and  address  of each political committee
30    from which the reporting committee received, or to which that
31    committee made, any  transfer  of  funds,  in  any  aggregate
32    amount  or value in excess of $150, together with the amounts
33    and dates of all transfers;
 
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 1        (7)  the total sum of transfers  made  to  or  from  such
 2    committee  during the reporting period and not reported under
 3    item (6);
 4        (8)  each loan to or from any person within the reporting
 5    period by or to such committee  in  an  aggregate  amount  or
 6    value  in  excess  of  $150, together with the full names and
 7    mailing addresses of the lender and endorsers,  if  any,  and
 8    the  date  and  amount  of  such  loans,  and  if a lender or
 9    endorser is an individual who loaned or endorsed  a  loan  of
10    more   than   $500,  the  occupation  and  employer  of  that
11    individual,  or  if  the  occupation  and  employer  of   the
12    individual  are  unknown,  a statement that the committee has
13    made a good faith effort to ascertain this information;
14        (9)  the  total  amount  of  proceeds  received  by  such
15    committee from (a) the  sale  of  tickets  for  each  dinner,
16    luncheon,  cocktail  party,  rally,  and  other  fund-raising
17    events;  (b)  mass  collections  made at such events; and (c)
18    sales of items such  as  political  campaign  pins,  buttons,
19    badges,   flags,  emblems,  hats,  banners,  literature,  and
20    similar materials;
21        (10)  each contribution, rebate, refund, or other receipt
22    in excess of $150 received by such  committee  not  otherwise
23    listed  under  items (4) through (9), and if a contributor is
24    an individual who contributed more than $500, the  occupation
25    and  employer  of  the  contributor or, if the occupation and
26    employer of the contributor are unknown, a statement that the
27    committee has made a good  faith  effort  to  ascertain  this
28    information;
29        (11)  the  total  sum  of  all  receipts  by  or for such
30    committee or candidate during the reporting period.
31        The Board shall by rule define a "good faith effort".
32        The reports of campaign contributions  filed  under  this
33    Article  shall  be  cumulative during the reporting period to
34    which they relate.
 
HB1330 Engrossed            -54-               LRB9203281MWmb
 1    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

 2        (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
 3        Sec.  9-12.   Each  report  of   campaign   contributions
 4    required by Section 9-10 of this Article to be filed with the
 5    Board  or  the  Board and the county clerk shall be verified,
 6    dated, and signed by either the treasurer  of  the  political
 7    committee  making the report or the candidate on whose behalf
 8    the report is  made,  and  shall  contain  substantially  the
 9    following:
10                  REPORT OF CAMPAIGN CONTRIBUTIONS
11    (1)  name and address of the political committee:
12    .............................................................
13    (2)  the  date  of the beginning of the reporting period, and
14    the amount of funds on hand at the beginning of the reporting
15    period:
16    .............................................................
17    (3)  the full name and mailing address of each person who has
18    made one or more contributions to or for the committee within
19    the reporting period in  an  aggregate  amount  or  value  in
20    excess  of  $150,  together  with the amount and date of such
21    contributions, and if a  contributor  is  an  individual  who
22    contributed  more  than  $500, the occupation and employer of
23    each contributor or, if the occupation and  employer  of  the
24    contributor  are  unknown, a statement that the committee has
25    made a good faith effort to ascertain this information:
26    name    address     amount    date     occupation    employer
27    ....    .......     ......    ....     ..........    ........
28    ....    .......     ......    ....     ..........    ........
29    ....    .......     ......    ....     ..........    ........
30    ....    .......     ......    ....     ..........    ........
31    ....    .......     ......    ....     ..........    ........
32    (4)  the total sum of individual contributions made to or for
33    the committee during the reporting period  and  not  reported
 
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 1    under item (3) -
 2    .............................................................
 3    (5)  the  name  and  address of each political committee from
 4    which the reporting committee  received,  or  to  which  that
 5    committee made, any transfer of funds, in an aggregate amount
 6    or  value  in  excess  of $150, together with the amounts and
 7    dates of all transfers:
 8    name            address           amount           date
 9    ..........      ..........        ..........       ..........
10    ..........      ..........        ..........       ..........
11    ..........      ..........        ..........       ..........
12    (6)  the  total  sum  of  transfers  made  to  or  from  such
13    committee during the reporting period and not under item (5):
14    .............................................................
15    (7)  each loan to or from any  person  within  the  reporting
16    period by or to the committee in an aggregate amount or value
17    in  excess  of $150, together with the full names and mailing
18    addresses of the lender and endorsers, if any, and  the  date
19    and  amount  of such loans, and if a lender or endorser is an
20    individual who loaned or endorsed a loan of more  than  $500,
21    the  occupation  and employer of each person making the loan,
22    or if the occupation  and  employer  of  the  individual  are
23    unknown, a statement that the committee has made a good faith
24    effort to ascertain this information:
25    (8)  the  total  amount of proceeds received by the committee
26    from (a) the sale  of  tickets  for  each  dinner,  luncheon,
27    cocktail  party,  rally,  and  other fund-raising events; (b)
28    mass collections made at such events; and (c) sales of  items
29    such  as  political  campaign  pins,  buttons, badges, flags,
30    emblems, hats, banners, literature, and similar materials:
31    (a)..........................................................
32    (b)..........................................................
33    (c)..........................................................
34    (9)  each contribution, rebate, refund, or other  receipt  in
 
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 1    excess of $150 received by the committee not otherwise listed
 2    under  items  (3)  through  (8), and if the contributor is an
 3    individual who contributed more than $500, the occupation and
 4    employer of  each  contributor  or,  if  the  occupation  and
 5    employer of the contributor are unknown, a statement that the
 6    committee  has  made  a  good  faith effort to ascertain this
 7    information:
 8    name    address     amount    date     occupation    employer
 9    ....    .......     ......    ....     ..........    ........
10    ....    .......     ......    ....     ..........    ........
11    (10)  the total sum of all receipts by or for  the  committee
12    during the reporting period:
13    .............................................................
14    VERIFICATION:
15        "I  declare  that  this  report of campaign contributions
16    (including any accompanying  schedules  and  statements)  has
17    been  examined  by  me  and  to  the best of my knowledge and
18    belief is a true, correct and complete report as required  by
19    Article  9  of The Election Code. I understand that willfully
20    filing a false or incomplete statement is a business  offense
21    subject to a fine of up to $5,000."
22    .............................................................
23    (date of filing)      (signature of person making the report)
24    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

25        (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
26        Sec.   9-13.   Each   semi-annual   report   of  campaign
27    contributions  and  expenditures  under  Section  9-10  shall
28    disclose-
29        (1)  the name and address of the political committee;
30        (2)  (Blank);
31        (3)  the amount of funds on hand at the beginning of  the
32    reporting period;
33        (4)  the full name and mailing address of each person who
 
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 1    has  made  one or more contributions to or for such committee
 2    within the reporting period in an aggregate amount  or  value
 3    in  excess of $150, together with the amount and date of such
 4    contributions, and if the contributor is  an  individual  who
 5    contributed  more  than  $500, the occupation and employer of
 6    the contributor or, if the occupation  and  employer  of  the
 7    contributor  are  unknown, a statement that the committee has
 8    made a good faith effort to ascertain this information;
 9        (5)  the total sum of individual contributions made to or
10    for such  committee  during  the  reporting  period  and  not
11    reported under item (4);
12        (6)  the  name  and  address  of each political committee
13    from which the reporting committee received, or to which that
14    committee made, any  transfer  of  funds,  in  the  aggregate
15    amount  or value in excess of $150, together with the amounts
16    and dates of all transfers;
17        (7)  the total sum of transfers  made  to  or  from  such
18    committee  during the reporting period and not reported under
19    item (6);
20        (8)  each loan to or from any person within the reporting
21    period by or to such committee  in  an  aggregate  amount  or
22    value  in  excess  of  $150, together with the full names and
23    mailing addresses of the lender and endorsers,  if  any,  and
24    the  date  and  amount  of  such  loans,  and  if a lender or
25    endorser is an individual who loaned or endorsed  a  loan  of
26    more   than   $500,  the  occupation  and  employer  of  that
27    individual,  or  if  the  occupation  and  employer  of   the
28    individual  are  unknown,  a statement that the committee has
29    made a good faith effort to ascertain this information;
30        (9)  the  total  amount  of  proceeds  received  by  such
31    committee from (a) the  sale  of  tickets  for  each  dinner,
32    luncheon,  cocktail  party,  rally,  and  other  fund-raising
33    events;  (b)  mass  collections  made at such events; and (c)
34    sales of items such  as  political  campaign  pins,  buttons,
 
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 1    badges,   flags,  emblems,  hats,  banners,  literature,  and
 2    similar materials;
 3        (10)  each contribution, rebate, refund, or other receipt
 4    in excess of $150 received by such  committee  not  otherwise
 5    listed under items (4) through (9), and if the contributor is
 6    an  individual who contributed more than $500, the occupation
 7    and employer of the contributor or,  if  the  occupation  and
 8    employer of the contributor are unknown, a statement that the
 9    committee  has  made  a  good  faith effort to ascertain this
10    information;
11        (11)  the total sum  of  all  receipts  by  or  for  such
12    committee or candidate during the reporting period;
13        (12)  the full name and mailing address of each person to
14    whom  expenditures  have  been  made  by  such  committee  or
15    candidate  within the reporting period in an aggregate amount
16    or value in excess of $150, the amount, date, and purpose  of
17    each  such  expenditure  and the question of public policy or
18    the name and address of, and office sought by, each candidate
19    on whose behalf such expenditure was made;
20        (13)  the full name and mailing address of each person to
21    whom an expenditure  for  personal  services,  salaries,  and
22    reimbursed  expenses  in  excess  of  $150 has been made, and
23    which is not otherwise reported, including the amount,  date,
24    and purpose of such expenditure;
25        (14)  the   total   sum  of  expenditures  made  by  such
26    committee during the reporting period;
27        (15)  the full name and mailing address of each person to
28    whom the committee owes debts or  obligations  in  excess  of
29    $150, and the amount of such debts or obligations.
30        The Board shall by rule define a "good faith effort".
31    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

32        (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
33        Sec.   9-14.    Each   semi-annual   report  of  campaign
 
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 1    contributions and expenditures required by  Section  9-10  of
 2    this  Article to be filed with the Board or the Board and the
 3    county clerk shall be verified, dated, and signed  by  either
 4    the treasurer of the political committee making the report or
 5    the  candidate  on whose behalf the report is made, and shall
 6    contain substantially the following:
 7                   SEMI-ANNUAL REPORT OF CAMPAIGN
 8                   CONTRIBUTIONS AND EXPENDITURES
 9    (1)  name and address of the political committee:
10    .............................................................
11    (2)  the date of the beginning of the reporting  period,  and
12    the amount of funds on hand at the beginning of the reporting
13    period;
14    .............................................................
15    (3)  the full name and mailing address of each person who has
16    made one or more contributions to or for the committee within
17    the  reporting  period  in  an  aggregate  amount or value in
18    excess of $150, together with the amount  and  date  of  such
19    contributions,  and  if  a  contributor  is an individual who
20    contributed more than $500, the occupation  and  employer  of
21    each  contributor  or,  if the occupation and employer of the
22    contributor are unknown, a statement that the  committee  has
23    made a good faith effort to ascertain this information:
24    name    address     amount    date     occupation    employer
25    ....    .......     ......    ....     ..........    ........
26    ....    .......     ......    ....     ..........    ........
27    ....    .......     ......    ....     ..........    ........
28    ....    .......     ......    ....     ..........    ........
29    ....    .......     ......    ....     ..........    ........
30    (4)  the total sum of individual contributions made to or for
31    the  committee  during  the reporting period and not reported
32    under item--(3):
33    .............................................................
34    (5)  the name and address of each  political  committee  from
 
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 1    which  the  reporting  committee  received,  or to which that
 2    committee made, any transfer of funds, in an aggregate amount
 3    or value in excess of $150, together  with  the  amounts  and
 4    dates of all transfers:
 5    name            address           amount           date
 6    ..........      ..........        ..........       ..........
 7    ..........      ..........        ..........       ..........
 8    ..........      ..........        ..........       ..........
 9    (6)  the  total  sum  of  transfers  made  to  or  from  such
10    committee  during the reporting period and not reported under
11    item (5);
12    (7)  each loan to or from any  person  within  the  reporting
13    period by or to the committee in an aggregate amount or value
14    in  excess  of $150, together with the full names and mailing
15    addresses of the lender and endorsers, if any, and  the  date
16    and  amount  of such loans, and if a lender or endorser is an
17    individual who loaned or endorsed a loan of more  than  $500,
18    the  occupation  and employer of each person making the loan,
19    or if the occupation  and  employer  of  the  individual  are
20    unknown, a statement that the committee has made a good faith
21    effort to ascertain this information:
22    name  address  amount  date  endorsers  occupation   employer
23    ....  .......  ......  ....  .........  ..........   ........
24    ....  .......  ......  ....  .........  ..........   ........
25    ....  .......  ......  ....  .........  ..........   ........
26    (8)  the  total  amount of proceeds received by the committee
27    from (a) the sale  of  tickets  for  each  dinner,  luncheon,
28    cocktail  party,  rally,  and  other fund-raising events; (b)
29    mass collections made at such events; and (c) sales of  items
30    such  as  political  campaign  pins,  buttons, badges, flags,
31    emblems, hats, banners, literature, and similar materials:
32    (a)..........................................................
33    (b)..........................................................
34    (c)..........................................................
 
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 1    (9)  each contribution, rebate, refund, or other  receipt  in
 2    excess of $150 received by the committee not otherwise listed
 3    under  items  (3)  through  (8),  and  if a contributor is an
 4    individual who contributed more than $500, the occupation and
 5    employer of  each  contributor  or,  if  the  occupation  and
 6    employer of the contributor are unknown, a statement that the
 7    committee  has  made  a  good  faith effort to ascertain this
 8    information:
 9    name  address  amount  date  endorsers  occupation   employer
10    ....  .......  ......  ....  .........  ..........   ........
11    ....  .......  ......  ....  .........  ..........   ........
12    ....  .......  ......  ....  .........  ..........   ........
13    (10)  the total sum of all receipts by or for  the  committee
14    during the reporting period:
15    .............................................................
16    (11)  the  full  name  and  mailing address of each person to
17    whom expenditures have been made by the committee within  the
18    reporting period in an aggregate amount or value in excess of
19    $150, the amount, date, and purpose of each such expenditure,
20    and the question of public policy or the name and address of,
21    and  office  sought  by,  each  candidate on whose behalf the
22    expenditure was made:
23    name        address   amount   date    purpose    beneficiary
24    ..........  .......   ......   ....    .......    ...........
25    ..........  .......   ......   ....    .......    ...........
26    ..........  .......   ......   ....    .......    ...........
27    ..........  .......   ......   ....    .......    ...........
28    ..........  .......   ......   ....    .......    ...........
29    (12)  the full name and mailing address  of  each  person  to
30    whom  an  expenditure  for  personal  services, salaries, and
31    reimbursed expenses in excess of  $150  has  been  made,  and
32    which  is not otherwise reported, including the amount, date,
33    and purpose of such expenditure:
34    name         address       amount      date        purpose
 
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 1    ..........   ..........    ........    ........    ..........
 2    ..........   ..........    ........    ........    ..........
 3    ..........   ..........    ........    ........    ..........
 4    (13)  the total sum of expenditures  made  by  the  committee
 5    during the reporting period;
 6    .............................................................
 7    (14)  the  full  name  and  mailing address of each person to
 8    whom the committee owes debts or  obligations  in  excess  of
 9    $150, and the amount of such debts or obligations:
10    .............................................................
11    .............................................................
12    VERIFICATION:
13        "I  declare  that  this  semi-annual  report  of campaign
14    contributions and expenditures  (including  any  accompanying
15    schedules  and statements) has been examined by me and to the
16    best of my knowledge  and  belief  is  a  true,  correct  and
17    complete  report  as  required  by  Article 9 of The Election
18    Code.  I  understand  that  willfully  filing  a   false   or
19    incomplete  report is a business offense subject to a fine of
20    up to $5,000."
21    ................      .......................................
22    (date of filing)      (signature of person making the report)
23    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

24        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
25        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
26    has issued an order, or has approved a  written  stipulation,
27    agreed  settlement  or  consent  order,  directing  a  person
28    determined  by  the Board to be in violation of any provision
29    of this Article or  any  regulation  adopted  thereunder,  to
30    cease or correct such violation or otherwise comply with this
31    Article  and such person fails or refuses to comply with such
32    order, stipulation, settlement or consent  order  within  the
33    time  specified  by  the  Board,  the  Board, after affording
 
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 1    notice and an opportunity for a public hearing, may impose  a
 2    civil  penalty  on  such  person  in  an amount not to exceed
 3    $5,000; except that for State  officers  and  candidates  and
 4    political  committees  formed for statewide office, the civil
 5    penalty may not exceed $10,000.   For  the  purpose  of  this
 6    Section,  "statewide  office"  and  "State officer" means the
 7    Governor, Lieutenant Governor, Attorney General, Secretary of
 8    State, Comptroller, and Treasurer.
 9        Civil penalties imposed on any such person by  the  Board
10    shall  be  enforceable in the Circuit Court.  The Board shall
11    petition the Court for an order to enforce collection of  the
12    penalty  and, if the Court finds it has jurisdiction over the
13    person against whom the penalty was imposed, the Court  shall
14    issue  the  appropriate order.  Any civil penalties collected
15    by the Court shall be forwarded to the State Treasurer.
16        In addition to or in lieu of the imposition  of  a  civil
17    penalty,  the board may report such violation and the failure
18    or refusal to comply with the  order  of  the  Board  to  the
19    Attorney General and the appropriate State's Attorney.
20        The  name  of  a  person who has not paid a civil penalty
21    imposed against him or  her  under  this  Section  shall  not
22    appear  upon  any ballot for any office in any election while
23    the penalty is unpaid.
24    (Source: P.A. 90-737, eff. 1-1-99.)

25        (10 ILCS 5/9-25.2 new)
26        Sec. 9-25.2.  Contributions; candidate  or  treasurer  of
27    political committee.
28        (a)  No  candidate may knowingly receive any contribution
29    solicited or received in violation of Section 33-3.1  of  the
30    Criminal Code of 1961.
31        (b)  The  receipt of political contributions in violation
32    of this Section shall constitute a Class A misdemeanor.
33        The appropriate State's Attorney or the Attorney  General
 
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 1    shall bring actions in the name of the people of the State of
 2    Illinois.
 3        (c)  Any  contribution  solicited in violation of Section
 4    33-3.1 of the Criminal Code of  1961  shall  escheat  to  the
 5    State of Illinois.  Any candidate or political committee that
 6    receives  a  contribution  prohibited  by  this Section shall
 7    forward it immediately to the State Treasurer.

 8        (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
 9        Sec. 9-26.  Willful failure to file or willful filing  of
10    false  or  incomplete  information  required  by this Article
11    shall constitute a business offense subject to a fine  of  up
12    to $5,000.
13        Willful  filing  of  a false complaint under this Article
14    shall constitute a Class B misdemeanor.
15        A prosecution for any offense designated by this  Article
16    shall  be  commenced  no  later  than  18  months  after  the
17    commission of the offense.
18        The  appropriate State's Attorney or the Attorney General
19    shall bring such actions in the name of  the  people  of  the
20    State of Illinois.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (10 ILCS 5/9-27.5)
23        Sec.  9-27.5.  Fundraising  in  or within 50 miles of the
24    State Capitol building Springfield.  Except  as  provided  in
25    this  Section,  any  executive branch constitutional officer,
26    any candidate for an executive branch constitutional  office,
27    any  member  of  the  General Assembly, any candidate for the
28    General  Assembly,  any  political  caucus  of  the   General
29    Assembly,  or any political committee on behalf of any of the
30    foregoing may not hold a fundraising function in or within 50
31    miles of the State Capitol building Springfield  on  any  day
32    the legislature is in session (i) during the period beginning
 
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 1    90  days  before  the  later of the dates scheduled by either
 2    house of the General Assembly  for  the  adjournment  of  the
 3    spring  session  and  ending  on  the  later  of  the  actual
 4    adjournment  dates  of either house of the spring session and
 5    (ii) during fall veto session. For purposes of this  Section,
 6    the  legislature  is not considered to be in session on a day
 7    that is solely a perfunctory session day or  on  a  day  when
 8    only a committee is meeting.
 9        This  Section  does  not  apply  to members and political
10    committees of members of the General Assembly whose districts
11    are located, in whole or in part, in or within  50  miles  of
12    the  State  Capitol  building  Springfield and candidates and
13    political committees of candidates for the  General  Assembly
14    from  districts located, in whole or in part, in or within 50
15    miles of the State  Capitol  building  Springfield,  provided
16    that the fundraising function takes place within the member's
17    or candidate's district.
18    (Source: P.A. 90-737, eff. 1-1-99.)

19        (10 ILCS 5/9-28)
20        Sec.  9-28.  Electronic  filing  and  availability.   The
21    Board  shall  by  rule  provide  for the electronic filing of
22    expenditure and contribution reports as follows:
23        Beginning July 1, 1999, or  as  soon  thereafter  as  the
24    Board   has  provided  adequate  software  to  the  political
25    committee, electronic filing is required  for  all  political
26    committees  that  during  the reporting period (i) had at any
27    time a balance or an accumulation of contributions of $25,000
28    or more, (ii) made aggregate expenditures of $25,000 or more,
29    or (iii) received loans of an aggregate of $25,000 or more.
30        Beginning July 1, 2003, electronic filing is required for
31    all political committees that during the reporting period (i)
32    had at any time a balance or an accumulation of contributions
33    of $10,000 or  more,  (ii)  made  aggregate  expenditures  of
 
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 1    $10,000  or  more, or (iii) received loans of an aggregate of
 2    $10,000 or more.
 3        The Board may provide by rule for the optional electronic
 4    filing of expenditure and contribution reports for all  other
 5    political  committees.  The  Board  shall  promptly  make all
 6    reports filed under this Article by all political  committees
 7    publicly  available by means of a searchable database that is
 8    accessible through the World Wide Web.
 9        The Board shall provide all software necessary to  comply
10    with  this Section to candidates, public officials, political
11    committees, and election authorities.
12        The Board shall implement  a  plan  to  provide  computer
13    access   and  assistance  to  candidates,  public  officials,
14    political committees, and election authorities  with  respect
15    to electronic filings required under this Article.
16        For  the purposes of this Section, "political committees"
17    includes entities required  to  report  to  the  Board  under
18    Section 9-7.5.
19    (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)

20        (10 ILCS 5/29-14 rep.)
21        Section  30.   The  Election Code is amended by repealing
22    Section 29-14.

23        Section 35.  The Lobbyist Registration Act is amended  by
24    re-enacting Section 6.5 as follows:

25        (25 ILCS 170/6.5)
26        Sec. 6.5.  Response to report by official.
27        (a)  Every  person  required to register as prescribed in
28    Section 3 and required to file a report with the Secretary of
29    State as prescribed in Section 6  shall,  at  least  25  days
30    before  the deadline for filing the report, provide a copy of
31    the report to each official listed in  the  report  by  first
 
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 1    class mail or hand delivery.  An official may, within 10 days
 2    after  receiving  the  copy  of  the  report, provide written
 3    objections to the report by first class mail or hand delivery
 4    to the person required to file the report.  If those  written
 5    objections  conflict with the final report that is filed, the
 6    written objections shall be filed along with the report.
 7        (b)  Failure to provide  a  copy  of  the  report  to  an
 8    official  listed  in the report within the time designated in
 9    this Section is a violation of this Act.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        Section 40.  The Illinois Procurement Code is amended  by
12    changing Section 50-30 as follows:

13        (30 ILCS 500/50-30)
14        Sec.  50-30.  Revolving door prohibition. No former State
15    officer or State employee may, within a  period  of  2  years
16    immediately  after  termination  of  State employment, accept
17    employment or receive compensation from an employer if:
18        (1)  The  officer  or  employee,  during  the   2   years
19    immediately  preceding  termination  of State employment, was
20    engaged in the negotiation or administration on behalf of the
21    State or agency of one or more contracts with  that  employer
22    and  was  in  a  position  to  make  discretionary  decisions
23    affecting  the  outcome of such negotiation or nature of such
24    administration; or
25        (2)  The officer or employee was  the  chief  procurement
26    officer,  associate  procurement  officer,  State  purchasing
27    officer,  designee  of  one of those officers whose principal
28    duties  are  directly  related  to  State   procurement,   or
29    executive officer confirmed by the Senate.
30        This prohibition includes but is not limited to: lobbying
31    the  procurement process; specifying; bidding; proposing bid,
32    proposal, or contract documents; on his or her own behalf  or
 
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 1    on   behalf   of   any  firm,  partnership,  association,  or
 2    corporation.   This  Section  applies  only  to  persons  who
 3    terminate an affected position on or after the effective date
 4    of this amendatory Act of the 92nd  General  Assembly.  Chief
 5    procurement  officers,  associate procurement officers, State
 6    purchasing officers, their designees whose  principal  duties
 7    are  directly  related  to  State  procurement, and executive
 8    officers confirmed by the Senate are expressly prohibited for
 9    a period of 2 years after terminating  an  affected  position
10    from  engaging  in  any  procurement activity relating to the
11    State agency most recently  employing  them  in  an  affected
12    position  for a period of at least 6 months.  The prohibition
13    includes but is not  limited  to:  lobbying  the  procurement
14    process;  specifying;  bidding;  proposing  bid, proposal, or
15    contract documents; on their own behalf or on behalf  of  any
16    firm,  partnership, association, or corporation. This Section
17    applies only to persons who terminate an affected position on
18    or after January 15, 1999.
19    (Source: P.A. 90-572, eff. 2-6-98.)

20        Section 50.  The Criminal Code  of  1961  is  amended  by
21    adding Section 33-3.1 as follows:

22        (720 ILCS 5/33-3.1 new)
23        Sec. 33-3.1.  Solicitation misconduct.
24        (a)  A  public  employee  commits solicitation misconduct
25    when he or she knowingly solicits or receives  contributions,
26    as  that  term  is  defined  in Section 9-1.4 of the Election
27    Code, from a person engaged in a business  or  activity  over
28    which   the   public   employee  has  the  responsibility  to
29    investigate or  inspect,  and  enforce,  regulatory  measures
30    necessary to the requirements of any State or federal statute
31    or regulation relating to the business or activity.
32        (b)   A   public   employee   convicted   of   committing
 
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 1    solicitation  misconduct  forfeits  his or her employment. In
 2    addition, he or she commits a Class A misdemeanor.
 3        (c)  An employee of a State  agency  who  is  discharged,
 4    demoted,  suspended,  threatened,  harassed,  or in any other
 5    manner discriminated against in the terms and  conditions  of
 6    employment  by  a State agency because of lawful acts done by
 7    the employee or on  behalf  of  the  employee  or  others  in
 8    furtherance  of  the  enforcement  of  this  Section shall be
 9    entitled to all relief necessary to make the employee whole.
10        (d)  Any person who knowingly makes  a  false  report  of
11    solicitation  misconduct  to  the  State Police, the Attorney
12    General, a State's Attorney, or any law enforcement  official
13    shall be guilty of a Class C misdemeanor.

14        Section  90.  Severability.   The  provisions of this Act
15    are severable under Section 1.31 of the Statute on Statutes.

16        Section 95.  Because this Act authorizes the  legislative
17    ethics  commission  to  meet  in  closed  session  in certain
18    circumstances,  in  order  to  meet   the   requirements   of
19    subsection  (c)  of  Section  5 of Article IV of the Illinois
20    Constitution, for passage this Act needs a 2/3  vote  of  the
21    members elected to each house of the General Assembly.

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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