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91_SB0271
LRB9103151MWpc
1 AN ACT concerning gifts to employees and officials of
2 units of local government and school districts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Local Gift Ban Act.
7 Section 5. Definitions. As used in this Act:
8 "Commission" means an ethics commission created by a unit
9 of local government or school district as authorized by this
10 Act.
11 "Elected official" means a person elected or appointed to
12 an elective office in a unit of local government or school
13 district.
14 "Employee" means all full-time or part-time employees,
15 elected officials, and appointed officials of units of local
16 government, school districts, and the subsidiary bodies of
17 units of local government and school districts.
18 "Gift" means any gratuity, discount, entertainment,
19 hospitality, loan, forbearance, or other tangible or
20 intangible item having monetary value including, but not
21 limited to, cash, food and drink, and honoraria for speaking
22 engagements related to or attributable to government
23 employment or the official position of an employee.
24 "Political organization" means a party, committee,
25 association, fund, or other organization (whether or not
26 incorporated) organized and operated primarily for the
27 purpose of directly or indirectly accepting contributions or
28 making expenditures, or both, for the function of influencing
29 or attempting to influence the selection, nomination,
30 election, or appointment of any individual to any federal,
31 state, or local public office or office in a political
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1 organization, or the election of Presidential or
2 Vice-Presidential electors, whether or not the individual or
3 electors are selected, nominated, elected, or appointed. The
4 term includes an organization that makes expenditures
5 relating to an office described in the preceding sentence
6 which, if incurred by the individual, would be allowable as a
7 federal income tax deduction for trade or business expenses.
8 "Prohibited source" means any person or entity who:
9 (1) is seeking official action by the employee, by
10 another employee directing the first employee, or by the
11 employee's unit of local government or school district.
12 (2) does business or seeks to do business with the
13 employee, with another employee directing the first
14 employee, or with the employee's unit of local government
15 or school district;
16 (3) conducts activities regulated by the employee,
17 by another employee directing the first employee, or by
18 the employee's unit of local government or school
19 district;
20 (4) has interests that may be substantially
21 affected by the performance or non-performance of the
22 official duties of the employee; or
23 (5) is subject to an ordinance or resolution of the
24 employee's unit of local government or school district
25 that regulates lobbying as authorized by the Lobbyist
26 Registration Act.
27 "Subsidiary body of a unit of local government or school
28 district" means any board, commission, or committee, created
29 or authorized by statute or ordinance, of a unit of local
30 government or school district.
31 "Ultimate jurisdictional authority" means the following:
32 (1) For an employee who is not an elected official,
33 the elected or appointed official or subsidiary body of a
34 unit of local government or school district with ultimate
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1 power to discipline the employee.
2 (2) For an elected official, the governing body of
3 the unit of local government or school district of which
4 he or she is an elected official.
5 "Unit of local government" is defined as in Section 1 of
6 Article VII of the Illinois Constitution.
7 Section 10. Gift ban. Except as otherwise provided in
8 this Act, no employee shall solicit or accept any gift from
9 any prohibited source or in violation of any federal or State
10 statute, rule, or regulation or any ordinance or resolution.
11 This ban applies to and includes spouses of and immediate
12 family living with the employee. No prohibited source shall
13 offer or make a gift that violates this Section.
14 Section 15. Exceptions. The restriction in Section 10
15 does not apply to the following:
16 (1) Anything for which the employee pays the market
17 value or anything not used and promptly disposed of as
18 provided in Section 25.
19 (2) A contribution, as defined in Article 9 of the
20 Election Code, that is lawfully made under that Code or
21 attendance at a fundraising event sponsored by a political
22 organization.
23 (3) A gift from a relative, meaning those people related
24 to the individual as father, mother, son, daughter, brother,
25 sister, uncle, aunt, great aunt, great uncle, first cousin,
26 nephew, niece, husband, wife, grandfather, grandmother,
27 grandson, granddaughter, father-in-law, mother-in-law,
28 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
29 stepfather, stepmother, stepson, stepdaughter, stepbrother,
30 stepsister, half brother, or half sister, and including the
31 father, mother, grandfather, or grandmother of the
32 individual's spouse and the individual's fiance or fiancee.
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1 (4) Anything provided by an individual on the basis of a
2 personal friendship unless the employee has reason to believe
3 that, under the circumstances, the gift was provided because
4 of the official position or employment of the employee and
5 not because of the personal friendship.
6 In determining whether a gift is provided on the basis of
7 personal friendship, the employee shall consider the
8 circumstances under which the gift was offered, such as:
9 (i) the history of the relationship between the
10 individual giving the gift and the recipient of the gift,
11 including any previous exchange of gifts between those
12 individuals;
13 (ii) whether to the actual knowledge of the
14 employee the individual who gave the gift personally paid
15 for the gift or sought a tax deduction or business
16 reimbursement for the gift; and
17 (iii) whether to the actual knowledge of the
18 employee the individual who gave the gift also at the
19 same time gave the same or similar gifts to other
20 employees.
21 (5) A commercially reasonable loan evidenced in writing
22 with repayment due by a date certain made in the ordinary
23 course of the lender's business.
24 (6) A contribution or other payments to a legal defense
25 fund established for the benefit of an employee that is
26 otherwise lawfully made.
27 (7) Intra-office and inter-office gifts. For the
28 purpose of this Act, "intra-office gifts" and "inter-office
29 gifts" mean:
30 (i) any gift given to an employee of a unit of
31 local government or school district from another employee
32 of that unit of local government or school district;
33 (ii) any gift given to an employee of a unit of
34 local government or school district from an employee of
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1 another unit of local government or school district; or
2 (iii) any gift given to an employee of a unit of
3 local government or school district from a member, judge,
4 officer, or employee subject to the State Gift Ban Act,
5 as those terms are defined in that Act.
6 (8) Food, refreshments, lodging, transportation, and
7 other benefits:
8 (i) resulting from the outside business or
9 employment activities (or outside activities that are not
10 connected to the duties of the employee as an employee)
11 of the employee or the spouse of the employee, if the
12 benefits have not been offered or enhanced because of the
13 official position or employment of the employee and are
14 customarily provided to others in similar circumstances;
15 (ii) customarily provided by a prospective employer
16 in connection with bona fide employment discussions; or
17 (iii) provided by a political organization in
18 connection with a fundraising or campaign event sponsored
19 by that organization.
20 (9) Pension and other benefits resulting from continued
21 participation in an employee welfare and benefits plan.
22 (10) Informational materials that are sent to the office
23 of the employee in the form of books, articles, periodicals,
24 other written materials, audiotapes, videotapes, or other
25 forms of communication.
26 (11) Awards or prizes that are given to competitors in
27 contests or events open to the public, including random
28 drawings.
29 (12) Honorary degrees (and associated travel, food,
30 refreshments, and entertainment provided in the presentation
31 of degrees and awards).
32 (13) Training (including food and refreshments furnished
33 to all attendees as an integral part of the training)
34 provided to an employee if the training is in the interest of
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1 the unit of local government or school district.
2 (14) Educational missions, including meetings with
3 government officials either foreign or domestic, intended to
4 educate public officials on matters of public policy, to
5 which the employee may be invited to participate along with
6 other federal, state, or local public officials and community
7 leaders.
8 (15) Bequests, inheritances, and other transfers at
9 death.
10 (16) Anything that is paid for by the federal
11 government, the State, a unit of local government, or a
12 school district, or secured by the government under a
13 government contract.
14 (17) A gift of personal hospitality of an individual
15 other than a regulated lobbyist or agent of a foreign
16 principal, including hospitality extended for a nonbusiness
17 purpose by an individual, not a corporation or organization,
18 at the personal residence of that individual or the
19 individual's family or on property or facilities owned by
20 that individual or the individual's family.
21 (18) Free attendance at a widely attended event
22 permitted under Section 20.
23 (19) Opportunities and benefits that are:
24 (i) available to the public or to a class
25 consisting of all employees whether or not restricted on
26 the basis of geographic consideration;
27 (ii) offered to members of a group or class in
28 which membership is unrelated to employment or official
29 position;
30 (iii) offered to members of an organization such as
31 an employee's association or credit union, in which
32 membership is related to employment or official position
33 and similar opportunities are available to large segments
34 of the public through organizations of similar size;
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1 (iv) offered to any group or class that is not
2 defined in a manner that specifically discriminates among
3 government employees on the basis of branch of government
4 or type of responsibility, or on a basis that favors
5 those of higher rank or rate of pay;
6 (v) in the form of loans from banks and other
7 financial institutions on terms generally available to
8 the public; or
9 (vi) in the form of reduced membership or other
10 fees for participation in organization activities offered
11 to all government employees by professional organizations
12 if the only restrictions on membership relate to
13 professional qualifications.
14 (20) A plaque, trophy, or other item that is
15 substantially commemorative in nature and that is extended
16 for presentation.
17 (21) Golf or tennis; food or refreshments of nominal
18 value and catered food or refreshments; meals or beverages
19 consumed on the premises from which they were purchased.
20 (22) Donations of products from an Illinois company that
21 are intended primarily for promotional purposes, such as
22 display or free distribution, and are of minimal value to any
23 individual recipient.
24 (23) An item of nominal value such as a greeting card,
25 baseball cap, or T-shirt.
26 Section 20. Attendance at events.
27 (a) An employee may accept an offer of free attendance
28 at a widely attended convention, conference, symposium,
29 forum, panel discussion, dinner, viewing, reception, or
30 similar event, provided by the sponsor of the event, if:
31 (1) the employee participates in the event as a
32 speaker or a panel participant, by presenting information
33 related to government, or by performing a ceremonial
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1 function appropriate to the employee's official position
2 or employment; or
3 (2) attendance at the event is appropriate to the
4 performance of civic affairs in Illinois or the official
5 duties or representative function of the employee.
6 (b) An employee who attends an event described in
7 subsection (a) may accept a sponsor's unsolicited offer of
8 free attendance at the event for an accompanying individual.
9 (c) An employee, or the spouse or dependent of an
10 employee, may accept a sponsor's unsolicited offer of free
11 attendance at a charity event, except that reimbursement for
12 transportation and lodging may not be accepted in connection
13 with the event.
14 (d) For purposes of this Section, the term "free
15 attendance" may include waiver of all or part of a conference
16 or other fee, the provision of transportation, or the
17 provision of food, refreshments, entertainment, and
18 instructional materials furnished to all attendees as an
19 integral part of the event. The term does not include
20 entertainment collateral to the event, nor does it include
21 food or refreshments taken other than in a group setting with
22 all or substantially all other attendees, except as
23 authorized under subsection (21) of Section 15.
24 Section 25. Disposition of gifts. The recipient of a
25 gift that is given in violation of this Act may, at his or
26 her discretion, return the item to the donor or give the item
27 or an amount equal to its value to an appropriate charity.
28 Section 30. Reimbursement.
29 (a) A reimbursement (including payment in kind) to an
30 employee from a private source other than a regulated
31 lobbyist or agent of a foreign principal for necessary
32 transportation, lodging, and related expenses for travel to a
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1 meeting, speaking engagement, fact finding trip, or similar
2 event in connection with the duties of the employee as an
3 employee shall be deemed to be a reimbursement to the unit of
4 local government or school district and not a gift prohibited
5 by this Act if the employee:
6 (1) discloses the expenses reimbursed or to be
7 reimbursed and the authorization to the fiscal officer or
8 similar authority within 30 days after the travel is
9 completed; and
10 (2) in the case of an employee under direct
11 supervision of another employee, receives advance
12 authorization from the supervising employee to accept
13 reimbursement.
14 (b) For purposes of subsection (a), events, the
15 activities of which are substantially recreational in nature,
16 shall not be considered to be in connection with the duties
17 of an employee as an employee.
18 (c) Each advance authorization to accept reimbursement
19 shall be signed by the employee under whose direct
20 supervision the employee works and shall include:
21 (1) the name of the employee;
22 (2) the name of the person who will make the
23 reimbursement;
24 (3) the time, place, and purpose of the travel; and
25 (4) a determination that the travel is in
26 connection with the duties of the employee as an employee
27 and would not create the appearance that the employee is
28 using public employment for private gain.
29 (d) Each disclosure made under subsection (a) of
30 expenses reimbursed or to be reimbursed shall be signed by
31 the employee or, in the case of an employee under direct
32 supervision of another employee, by the supervising employee
33 and shall include:
34 (1) a good faith estimate of total transportation
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1 expenses reimbursed or to be reimbursed;
2 (2) a good faith estimate of total lodging expenses
3 reimbursed or to be reimbursed;
4 (3) a good faith estimate of total meal expenses
5 reimbursed or to be reimbursed;
6 (4) a good faith estimate of the total of other
7 expenses reimbursed or to be reimbursed; and
8 (5) a determination that all those expenses are
9 necessary transportation, lodging, and related expenses.
10 Section 35. Disciplinary action. An employee's ultimate
11 jurisdictional authority may take disciplinary action against
12 an employee (i) who violates this Act, (ii) who is the
13 subject of a recommendation by an ethics commission, or (iii)
14 described by both items (i) and (ii).
15 The ultimate jurisdictional authority may take
16 disciplinary action recommended by an ethics commission, if
17 any, or as it deems appropriate, to the extent it has
18 constitutional and statutory authority to take that action.
19 The ultimate jurisdictional authority shall make its
20 action, or determination to take no action, available to the
21 public.
22 Section 40. Penalty. An individual who knowingly
23 violates this Act is guilty of a business offense and subject
24 to a fine of up to $5,000.
25 Section 45. Exemption. The proceedings conducted and
26 documents generated under this Act are exempt from the
27 provisions of the Open Meetings Act and the Freedom of
28 Information Act.
29 Section 50. Optional activities by units of local
30 government and school districts; home rule preemption.
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1 (a) A unit of local government or school district may
2 adopt or continue to enforce ordinances or resolutions
3 concerning the solicitation and acceptance of gifts by its
4 employees. Those ordinances or resolutions may not be
5 inconsistent with the requirements of this Act, but they may
6 be more restrictive than those requirements.
7 (b) By ordinance or resolution, a unit of local
8 government or school district may designate an ethics officer
9 for the unit or district. Ethics officers shall have the
10 powers and duties provided by ordinance or resolution.
11 (c)(1) By ordinance or resolution, a unit of local
12 government or school district may establish an ethics
13 commission to investigate complaints of violations of this
14 Act and recommend disciplinary measures to the ultimate
15 jurisdictional authority of a violating employee.
16 A unit of local government or school district must
17 prescribe the commission's procedure for investigating a
18 complaint of a violation of this Act. The procedure must
19 include the notification of the subject of a complainant and
20 opportunity for the complainant and the subject to present
21 evidence before the commission. All deadlines for notices,
22 hearings, deliberations, and decisions must conform to a
23 schedule that considers the interests of the commission, the
24 subject of the complaint, and the unit of local government or
25 school district in both the fair deliberation of a complaint
26 and its expeditious conclusion without disrupting the normal
27 functioning of the unit or district.
28 (2) A commission that determines an employee has
29 violated this Act may recommend any of the following actions
30 to the employee's ultimate jurisdictional authority:
31 (i) A reprimand.
32 (ii) That the employee cease and desist the
33 offensive action.
34 (iii) A return or refund of money or other items,
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1 or an amount of restitution for services, received in
2 violation of this Act.
3 (iv) Except for elected officials, dismissal or
4 removal from office or other appropriate discipline.
5 (v) Donation to a charity of an amount equal to the
6 gift.
7 (d) Units of local government and school districts may
8 agree to share ethics officers and ethics commissions
9 pursuant to the authority of Section 6 of Article VII of the
10 Illinois Constitution and the Intergovernmental Cooperation
11 Act.
12 (e) This Section is a limitation under subsection (i) of
13 Section 6 of Article VII of the Illinois Constitution on the
14 concurrent exercise by home rule units of powers and
15 functions exercised by the State.
16 Section 205. The Open Meetings Act is amended by
17 changing Section 1.02 as follows:
18 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
19 Sec. 1.02. For the purposes of this Act:
20 "Meeting" means any gathering of a majority of a quorum
21 of the commissioners of a public body held for the purpose of
22 discussing public business.
23 "Public body" includes all legislative, executive,
24 administrative or advisory bodies of the state, counties,
25 townships, cities, villages, incorporated towns, school
26 districts and all other municipal corporations, boards,
27 bureaus, committees or commissions of this State, and any
28 subsidiary bodies of any of the foregoing including but not
29 limited to committees and subcommittees which are supported
30 in whole or in part by tax revenue, or which expend tax
31 revenue, except the General Assembly and committees or
32 commissions thereof. "Public body" includes tourism boards
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1 and convention or civic center boards located in counties
2 that are contiguous to the Mississippi River with populations
3 of more than 250,000 but less than 300,000. "Public body"
4 does not include a child death review team established under
5 the Child Death Review Team Act or an ethics commission,
6 ethics officer, or ultimate jurisdictional authority acting
7 under the State Gift Ban Act as provided by Section 80 of
8 that Act or the Local Gift Ban Act as provided by Section 45
9 of that Act.
10 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99.)
11 Section 210. The Freedom of Information Act is amended
12 by changing Section 7 as follows:
13 (5 ILCS 140/7) (from Ch. 116, par. 207)
14 Sec. 7. Exemptions.
15 (1) The following shall be exempt from inspection and
16 copying:
17 (a) Information specifically prohibited from
18 disclosure by federal or State law or rules and
19 regulations adopted under federal or State law.
20 (b) Information that, if disclosed, would
21 constitute a clearly unwarranted invasion of personal
22 privacy, unless the disclosure is consented to in writing
23 by the individual subjects of the information. The
24 disclosure of information that bears on the public duties
25 of public employees and officials shall not be considered
26 an invasion of personal privacy. Information exempted
27 under this subsection (b) shall include but is not
28 limited to:
29 (i) files and personal information maintained
30 with respect to clients, patients, residents,
31 students or other individuals receiving social,
32 medical, educational, vocational, financial,
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1 supervisory or custodial care or services directly
2 or indirectly from federal agencies or public
3 bodies;
4 (ii) personnel files and personal information
5 maintained with respect to employees, appointees or
6 elected officials of any public body or applicants
7 for those positions;
8 (iii) files and personal information
9 maintained with respect to any applicant, registrant
10 or licensee by any public body cooperating with or
11 engaged in professional or occupational
12 registration, licensure or discipline;
13 (iv) information required of any taxpayer in
14 connection with the assessment or collection of any
15 tax unless disclosure is otherwise required by State
16 statute; and
17 (v) information revealing the identity of
18 persons who file complaints with or provide
19 information to administrative, investigative, law
20 enforcement or penal agencies; provided, however,
21 that identification of witnesses to traffic
22 accidents, traffic accident reports, and rescue
23 reports may be provided by agencies of local
24 government, except in a case for which a criminal
25 investigation is ongoing, without constituting a
26 clearly unwarranted per se invasion of personal
27 privacy under this subsection.
28 (c) Records compiled by any public body for
29 administrative enforcement proceedings and any law
30 enforcement or correctional agency for law enforcement
31 purposes or for internal matters of a public body, but
32 only to the extent that disclosure would:
33 (i) interfere with pending or actually and
34 reasonably contemplated law enforcement proceedings
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1 conducted by any law enforcement or correctional
2 agency;
3 (ii) interfere with pending administrative
4 enforcement proceedings conducted by any public
5 body;
6 (iii) deprive a person of a fair trial or an
7 impartial hearing;
8 (iv) unavoidably disclose the identity of a
9 confidential source or confidential information
10 furnished only by the confidential source;
11 (v) disclose unique or specialized
12 investigative techniques other than those generally
13 used and known or disclose internal documents of
14 correctional agencies related to detection,
15 observation or investigation of incidents of crime
16 or misconduct;
17 (vi) constitute an invasion of personal
18 privacy under subsection (b) of this Section;
19 (vii) endanger the life or physical safety of
20 law enforcement personnel or any other person; or
21 (viii) obstruct an ongoing criminal
22 investigation.
23 (d) Criminal history record information maintained
24 by State or local criminal justice agencies, except the
25 following which shall be open for public inspection and
26 copying:
27 (i) chronologically maintained arrest
28 information, such as traditional arrest logs or
29 blotters;
30 (ii) the name of a person in the custody of a
31 law enforcement agency and the charges for which
32 that person is being held;
33 (iii) court records that are public;
34 (iv) records that are otherwise available
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1 under State or local law; or
2 (v) records in which the requesting party is
3 the individual identified, except as provided under
4 part (vii) of paragraph (c) of subsection (1) of
5 this Section.
6 "Criminal history record information" means data
7 identifiable to an individual and consisting of
8 descriptions or notations of arrests, detentions,
9 indictments, informations, pre-trial proceedings, trials,
10 or other formal events in the criminal justice system or
11 descriptions or notations of criminal charges (including
12 criminal violations of local municipal ordinances) and
13 the nature of any disposition arising therefrom,
14 including sentencing, court or correctional supervision,
15 rehabilitation and release. The term does not apply to
16 statistical records and reports in which individuals are
17 not identified and from which their identities are not
18 ascertainable, or to information that is for criminal
19 investigative or intelligence purposes.
20 (e) Records that relate to or affect the security
21 of correctional institutions and detention facilities.
22 (f) Preliminary drafts, notes, recommendations,
23 memoranda and other records in which opinions are
24 expressed, or policies or actions are formulated, except
25 that a specific record or relevant portion of a record
26 shall not be exempt when the record is publicly cited and
27 identified by the head of the public body. The exemption
28 provided in this paragraph (f) extends to all those
29 records of officers and agencies of the General Assembly
30 that pertain to the preparation of legislative documents.
31 (g) Trade secrets and commercial or financial
32 information obtained from a person or business where the
33 trade secrets or information are proprietary, privileged
34 or confidential, or where disclosure of the trade secrets
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1 or information may cause competitive harm, including all
2 information determined to be confidential under Section
3 4002 of the Technology Advancement and Development Act.
4 Nothing contained in this paragraph (g) shall be
5 construed to prevent a person or business from consenting
6 to disclosure.
7 (h) Proposals and bids for any contract, grant, or
8 agreement, including information which if it were
9 disclosed would frustrate procurement or give an
10 advantage to any person proposing to enter into a
11 contractor agreement with the body, until an award or
12 final selection is made. Information prepared by or for
13 the body in preparation of a bid solicitation shall be
14 exempt until an award or final selection is made.
15 (i) Valuable formulae, designs, drawings and
16 research data obtained or produced by any public body
17 when disclosure could reasonably be expected to produce
18 private gain or public loss.
19 (j) Test questions, scoring keys and other
20 examination data used to administer an academic
21 examination or determined the qualifications of an
22 applicant for a license or employment.
23 (k) Architects' plans and engineers' technical
24 submissions for projects not constructed or developed in
25 whole or in part with public funds and for projects
26 constructed or developed with public funds, to the extent
27 that disclosure would compromise security.
28 (l) Library circulation and order records
29 identifying library users with specific materials.
30 (m) Minutes of meetings of public bodies closed to
31 the public as provided in the Open Meetings Act until the
32 public body makes the minutes available to the public
33 under Section 2.06 of the Open Meetings Act.
34 (n) Communications between a public body and an
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1 attorney or auditor representing the public body that
2 would not be subject to discovery in litigation, and
3 materials prepared or compiled by or for a public body in
4 anticipation of a criminal, civil or administrative
5 proceeding upon the request of an attorney advising the
6 public body, and materials prepared or compiled with
7 respect to internal audits of public bodies.
8 (o) Information received by a primary or secondary
9 school, college or university under its procedures for
10 the evaluation of faculty members by their academic
11 peers.
12 (p) Administrative or technical information
13 associated with automated data processing operations,
14 including but not limited to software, operating
15 protocols, computer program abstracts, file layouts,
16 source listings, object modules, load modules, user
17 guides, documentation pertaining to all logical and
18 physical design of computerized systems, employee
19 manuals, and any other information that, if disclosed,
20 would jeopardize the security of the system or its data
21 or the security of materials exempt under this Section.
22 (q) Documents or materials relating to collective
23 negotiating matters between public bodies and their
24 employees or representatives, except that any final
25 contract or agreement shall be subject to inspection and
26 copying.
27 (r) Drafts, notes, recommendations and memoranda
28 pertaining to the financing and marketing transactions of
29 the public body. The records of ownership, registration,
30 transfer, and exchange of municipal debt obligations, and
31 of persons to whom payment with respect to these
32 obligations is made.
33 (s) The records, documents and information relating
34 to real estate purchase negotiations until those
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1 negotiations have been completed or otherwise terminated.
2 With regard to a parcel involved in a pending or actually
3 and reasonably contemplated eminent domain proceeding
4 under Article VII of the Code of Civil Procedure,
5 records, documents and information relating to that
6 parcel shall be exempt except as may be allowed under
7 discovery rules adopted by the Illinois Supreme Court.
8 The records, documents and information relating to a real
9 estate sale shall be exempt until a sale is consummated.
10 (t) Any and all proprietary information and records
11 related to the operation of an intergovernmental risk
12 management association or self-insurance pool or jointly
13 self-administered health and accident cooperative or
14 pool.
15 (u) Information concerning a university's
16 adjudication of student or employee grievance or
17 disciplinary cases, to the extent that disclosure would
18 reveal the identity of the student or employee and
19 information concerning any public body's adjudication of
20 student or employee grievances or disciplinary cases,
21 except for the final outcome of the cases.
22 (v) Course materials or research materials used by
23 faculty members.
24 (w) Information related solely to the internal
25 personnel rules and practices of a public body.
26 (x) Information contained in or related to
27 examination, operating, or condition reports prepared by,
28 on behalf of, or for the use of a public body responsible
29 for the regulation or supervision of financial
30 institutions or insurance companies, unless disclosure is
31 otherwise required by State law.
32 (y) Information the disclosure of which is
33 restricted under Section 5-108 of the Public Utilities
34 Act.
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1 (z) Manuals or instruction to staff that relate to
2 establishment or collection of liability for any State
3 tax or that relate to investigations by a public body to
4 determine violation of any criminal law.
5 (aa) Applications, related documents, and medical
6 records received by the Experimental Organ
7 Transplantation Procedures Board and any and all
8 documents or other records prepared by the Experimental
9 Organ Transplantation Procedures Board or its staff
10 relating to applications it has received.
11 (bb) Insurance or self insurance (including any
12 intergovernmental risk management association or self
13 insurance pool) claims, loss or risk management
14 information, records, data, advice or communications.
15 (cc) Information and records held by the Department
16 of Public Health and its authorized representatives
17 relating to known or suspected cases of sexually
18 transmissible disease or any information the disclosure
19 of which is restricted under the Illinois Sexually
20 Transmissible Disease Control Act.
21 (dd) Information the disclosure of which is
22 exempted under Section 30 of the Radon Industry Licensing
23 Act.
24 (ee) Firm performance evaluations under Section 55
25 of the Architectural, Engineering, and Land Surveying
26 Qualifications Based Selection Act.
27 (ff) Security portions of system safety program
28 plans, investigation reports, surveys, schedules, lists,
29 data, or information compiled, collected, or prepared by
30 or for the Regional Transportation Authority under
31 Section 2.11 of the Regional Transportation Authority Act
32 or the State of Missouri under the Bi-State Transit
33 Safety Act.
34 (gg) Information the disclosure of which is
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1 restricted and exempted under Section 50 of the Illinois
2 Prepaid Tuition Act.
3 (hh) Information the disclosure of which is
4 exempted under Section 80 of the State Gift Ban Act or
5 Section 45 of the Local Gift Ban Act.
6 (ii) Beginning July 1, 1999, (hh) information that
7 would disclose or might lead to the disclosure of secret
8 or confidential information, codes, algorithms, programs,
9 or private keys intended to be used to create electronic
10 or digital signatures under the Electronic Commerce
11 Security Act.
12 (2) This Section does not authorize withholding of
13 information or limit the availability of records to the
14 public, except as stated in this Section or otherwise
15 provided in this Act.
16 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
17 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
18 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
19 Section 215. The State Gift Ban Act is amended by
20 changing Sections 5 and 15 as follows:
21 (5 ILCS 425/5)
22 Sec. 5. Definitions. As used in this Act:
23 "Commission" means an ethics commission created by this
24 Act.
25 "Employee" means all full-time, part-time, and
26 contractual employees, appointed and elected officials, and
27 directors of a governmental entity.
28 "Gift" means any gratuity, discount, entertainment,
29 hospitality, loan, forbearance, or other tangible or
30 intangible item having monetary value including, but not
31 limited to, cash, food and drink, and honoraria for speaking
32 engagements related to or attributable to government
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1 employment or the official position of an employee, member,
2 officer, or judge.
3 "Governmental entity" means each office, board,
4 commission, agency, department, authority, institution,
5 university, body politic and corporate, administrative unit,
6 and corporate outgrowth of the executive, legislative, and
7 judicial branches of State government, whether created by the
8 Illinois Constitution, by or in accordance with statute, or
9 by executive order of the Governor. Governmental entity does
10 not include units of local government, school districts, or
11 subsidiary bodies of units of local government or school
12 districts, as defined in the Local Gift Ban Act.
13 "Judge" means judges and associate judges of the Supreme
14 Court, Appellate Courts, and Circuit Courts.
15 "Member" means a member of the General Assembly.
16 "Officer" means a State constitutional officer.
17 "Political organization" means a party, committee,
18 association, fund, or other organization (whether or not
19 incorporated) organized and operated primarily for the
20 purpose of directly or indirectly accepting contributions or
21 making expenditures, or both, for the function of influencing
22 or attempting to influence the selection, nomination,
23 election, or appointment of any individual to any federal,
24 state, or local public office or office in a political
25 organization, or the election of Presidential or
26 Vice-Presidential electors, whether or not the individual or
27 electors are selected, nominated, elected, or appointed. The
28 term includes the making of expenditures relating to an
29 office described in the preceding sentence that, if incurred
30 by the individual, would be allowable as a federal income tax
31 deduction for trade or business expenses.
32 "Prohibited source" means any person or entity who:
33 (1) is seeking official action (i) by the member,
34 officer, or judge or (ii) in the case of an employee, by
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1 the employee or by the member, officer, judge,
2 governmental entity, or other employee directing the
3 employee;
4 (2) does business or seeks to do business (i) with
5 the member, officer, or judge or (ii) in the case of an
6 employee, with the employee or with the member, officer,
7 judge, governmental entity, or other employee directing
8 the employee;
9 (3) conducts activities regulated (i) by the
10 member, officer, or judge or (ii) in the case of an
11 employee, by the employee or by the member, officer,
12 judge, governmental entity, or other employee directing
13 the employee;
14 (4) has interests that may be substantially
15 affected by the performance or non-performance of the
16 official duties of the member, officer, employee, or
17 judge; or
18 (5) is registered or required to be registered with
19 the Secretary of State under the Lobbyist Registration
20 Act.
21 "Ultimate jurisdictional authority" means the following:
22 (1) For members, partisan staff, and their
23 secretaries, the appropriate legislative leader:
24 President of the Senate, Minority Leader of the Senate,
25 Speaker of the House of Representatives, or Minority
26 Leader of the House of Representatives.
27 (2) For State employees who are professional staff
28 or employees of the Senate and not covered under item
29 (1), the Senate Operations Commission.
30 (3) For State employees who are professional staff
31 or employees of the House of Representatives and not
32 covered under item (1), the Speaker of the House of
33 Representatives.
34 (4) For State employees who are employees of the
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1 legislative support services agencies, the Joint
2 Committee on Legislative Support Services.
3 (5) For judges, the Chief Justice of the Supreme
4 Court.
5 (6) For State employees of the judicial branch, the
6 Administrative Office of the Illinois Courts.
7 (7) For State employees of an executive branch
8 constitutional officer, the appropriate executive branch
9 constitutional officer.
10 (8) For State employees not under the jurisdiction
11 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
12 Governor.
13 (9) For officers, the General Assembly.
14 (Source: P.A. 90-737, eff. 1-1-99.)
15 (5 ILCS 425/15)
16 Sec. 15. Exceptions. The restriction in Section 10 does
17 not apply to the following:
18 (1) Anything for which the member, officer, employee, or
19 judge pays the market value or anything not used and promptly
20 disposed of as provided in Section 25.
21 (2) A contribution, as defined in Article 9 of the
22 Election Code that is lawfully made under that Act or
23 attendance at a fundraising event sponsored by a political
24 organization.
25 (3) A gift from a relative, meaning those people related
26 to the individual as father, mother, son, daughter, brother,
27 sister, uncle, aunt, great aunt, great uncle, first cousin,
28 nephew, niece, husband, wife, grandfather, grandmother,
29 grandson, granddaughter, father-in-law, mother-in-law,
30 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
31 stepfather, stepmother, stepson, stepdaughter, stepbrother,
32 stepsister, half brother, half sister, and including the
33 father, mother, grandfather, or grandmother of the
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1 individual's spouse and the individual's fiance or fiancee.
2 (4) Anything provided by an individual on the basis of a
3 personal friendship unless the member, officer, employee, or
4 judge has reason to believe that, under the circumstances,
5 the gift was provided because of the official position or
6 employment of the member, officer, employee, or judge and not
7 because of the personal friendship.
8 In determining whether a gift is provided on the basis of
9 personal friendship, the member, officer, employee, or judge
10 shall consider the circumstances under which the gift was
11 offered, such as:
12 (i) the history of the relationship between the
13 individual giving the gift and the recipient of the gift,
14 including any previous exchange of gifts between those
15 individuals;
16 (ii) whether to the actual knowledge of the member,
17 officer, employee, or judge the individual who gave the
18 gift personally paid for the gift or sought a tax
19 deduction or business reimbursement for the gift; and
20 (iii) whether to the actual knowledge of the
21 member, officer, employee, or judge the individual who
22 gave the gift also at the same time gave the same or
23 similar gifts to other members, officers, employees, or
24 judges.
25 (5) A commercially reasonable loan evidenced in writing
26 with repayment due by a date certain made in the ordinary
27 course of the lender's business.
28 (6) A contribution or other payments to a legal defense
29 fund established for the benefit of a member, officer,
30 employee, or judge that is otherwise lawfully made.
31 (7) Intra-office and inter-office gifts. For the
32 purpose of this Act, "intra-office gifts" means:
33 (i) any gift given to a member or employee of the
34 legislative branch from another member or employee of the
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1 legislative branch;
2 (ii) any gift given to a judge or employee of the
3 judicial branch from another judge or employee of the
4 judicial branch;
5 (iii) any gift given to an officer or employee of
6 the executive branch from another officer or employee of
7 the executive branch;
8 (iv) (blank); any gift given to an officer or
9 employee of a unit of local government, home rule unit,
10 or school district, from another employee of that unit of
11 local government, home rule unit, or school district;
12 (v) any gift given to an officer or employee of any
13 other governmental entity not included in item (i), (ii),
14 or (iii), or (iv), from another employee of that
15 governmental entity; or
16 (vi) any gift given to a member or employee of the
17 legislative branch, a judge or employee of the judicial
18 branch, an officer or employee of the executive branch,
19 an officer or employee of a unit of local government,
20 home rule unit, or school district, or an officer or
21 employee of any other governmental entity not included in
22 item (i), (ii), or (iii), or (iv) from a member or
23 employee of the legislative branch, a judge or employee
24 of the judicial branch, an officer or employee of the
25 executive branch, an officer or employee of a unit of
26 local government, home rule unit, or school district, or
27 an officer or employee of any other governmental entity.
28 (8) Food, refreshments, lodging, transportation, and
29 other benefits:
30 (i) resulting from the outside business or
31 employment activities (or outside activities that are not
32 connected to the duties of the member, officer, employee,
33 or judge, as an office holder or employee) of the member,
34 officer, employee, judge, or the spouse of the member,
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1 officer, employee, or judge, if the benefits have not
2 been offered or enhanced because of the official position
3 or employment of the member, officer, employee, or judge
4 and are customarily provided to others in similar
5 circumstances;
6 (ii) customarily provided by a prospective employer
7 in connection with bona fide employment discussions; or
8 (iii) provided by a political organization in
9 connection with a fundraising or campaign event sponsored
10 by that organization.
11 (9) Pension and other benefits resulting from continued
12 participation in an employee welfare and benefits plan
13 maintained by a former employer.
14 (10) Informational materials that are sent to the office
15 of the member, officer, employee, or judge in the form of
16 books, articles, periodicals, other written materials,
17 audiotapes, videotapes, or other forms of communication.
18 (11) Awards or prizes that are given to competitors in
19 contests or events open to the public, including random
20 drawings.
21 (12) Honorary degrees (and associated travel, food,
22 refreshments, and entertainment provided in the presentation
23 of degrees and awards).
24 (13) Training (including food and refreshments furnished
25 to all attendees as an integral part of the training)
26 provided to a member, officer, employee, or judge, if the
27 training is in the interest of the governmental entity.
28 (14) Educational missions, including meetings with
29 government officials either foreign or domestic, intended to
30 educate public officials on matters of public policy, to
31 which the member, officer, employee, or judge may be invited
32 to participate along with other federal, state, or local
33 public officials and community leaders.
34 (15) Bequests, inheritances, and other transfers at
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1 death.
2 (16) Anything that is paid for by the federal
3 government, the State, or a governmental entity, or secured
4 by the government or governmental entity under a government
5 contract.
6 (17) A gift of personal hospitality of an individual
7 other than a registered lobbyist or agent of a foreign
8 principal, including hospitality extended for a nonbusiness
9 purpose by an individual, not a corporation or organization,
10 at the personal residence of that individual or the
11 individual's family or on property or facilities owned by
12 that individual or the individual's family.
13 (18) Free attendance at a widely attended event
14 permitted under Section 20.
15 (19) Opportunities and benefits that are:
16 (i) available to the public or to a class
17 consisting of all employees, officers, members, or
18 judges, whether or not restricted on the basis of
19 geographic consideration;
20 (ii) offered to members of a group or class in
21 which membership is unrelated to employment or official
22 position;
23 (iii) offered to members of an organization such as
24 an employee's association or credit union, in which
25 membership is related to employment or official position
26 and similar opportunities are available to large segments
27 of the public through organizations of similar size;
28 (iv) offered to any group or class that is not
29 defined in a manner that specifically discriminates among
30 government employees on the basis of branch of government
31 or type of responsibility, or on a basis that favors
32 those of higher rank or rate of pay;
33 (v) in the form of loans from banks and other
34 financial institutions on terms generally available to
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1 the public; or
2 (vi) in the form of reduced membership or other
3 fees for participation in organization activities offered
4 to all government employees by professional organizations
5 if the only restrictions on membership relate to
6 professional qualifications.
7 (20) A plaque, trophy, or other item that is
8 substantially commemorative in nature and that is extended
9 for presentation.
10 (21) Golf or tennis; food or refreshments of nominal
11 value and catered food or refreshments; meals or beverages
12 consumed on the premises from which they were purchased.
13 (22) Donations of products from an Illinois company that
14 are intended primarily for promotional purposes, such as
15 display or free distribution, and are of minimal value to any
16 individual recipient.
17 (23) An item of nominal value such as a greeting card,
18 baseball cap, or T-shirt.
19 (Source: P.A. 90-737, eff. 1-1-99.)
20 (5 ILCS 425/83 rep.)
21 (5 ILCS 425/85 rep.)
22 Section 220. The State Gift Ban Act is amended by
23 repealing Sections 83 and 85.
24 Section 999. Effective date. This Act takes effect
25 December 1, 1999, except that Sections 215, 220, and 995 and
26 this Section 999 take effect upon becoming law.