The ethics proposal is encompassed within two bills, HB 3412 and
SB 702. HB 3412 was passed last Spring; it was amendatorily vetoed,
but the legislature overrode the amendatory veto on November 19,
2003. It takes effect immediately. SB 702 passed both chambers on
November 20, and takes effect when the Governor signs it. This summary
chart includes both bills.
| Issue |
Veto Session Proposal SB 702
(PASSED BOTH CHAMBERS AND SENT TO GOVERNOR) |
| Ethics Commissions |
Creates binding Ethics Commissions for Executive
and Legislative Branches of government to set standards for
ethics training and to consider complaints about ethics laws
violations. |
| Hotline and complaint intake |
No hotline; complaints would go directly to
either the Commission for referral or to the Inspectors General.
Inspectors General would be required to refer any complaint
dealing with an employee not under their purview to the appropriate
Inspector General. |
| Inspectors General |
Creates Inspectors General to oversee ethics
training and to investigate ethics complaints in Executive and
Legislative Branches of government. Allows for Special Inspectors
General when IG has conflict of interest. |
| Inspector General Subpoena Power |
Executive Branch Inspectors general retain
independent subpoena power for investigations; Legislative Branch
Inspectors General must obtain Ethics Commission approval to
issue subpoena. |
| Ethics Commission Subpoena Power |
Ethics Commissions may subpoena witnesses and
documents. |
| Role of Attorney General |
Only an Inspector General may bring actions
to Commission; Attorney General represents Inspectors General
before Commission. Allows for special prosecutors if the AG
is incapacitated or has a conflict of interest. |
| Ethics training |
Ethics training for all state employees; overseen
by Inspector General, in consultation with Attorney General
and Ethics Commissions. |
| Public Reports |
Upon finding of ethics violations, Ethics Commission
would release the entire record of the complaint and recommendation,
including any fines issued and any rejoinder from the employee’s
ultimate jurisdictional authority. Inspectors General and Attorney
General release quarterly reports on the number of complaints
received and acted upon. |
| Role of Gift Ban Act Commissions |
Rolls six limited-jurisdiction gift ban commissions
into the Executive and Legislative Branch Ethics Commissions,
which have jurisdiction over the full range of ethics laws. |
| Ethics Standards for Local governments
|
Local governments are required to set standards
at least as stringent as the state standards. The Attorney
General is required to develop model ordinances within three
months. |
| Exemptions to the ban on gifts |
Sets the following exemptions to the ban on
gifts from prohibited sources: (1) opportunities for general
public;(2) items for which recipient paid market value, (3)
campaign contributions, including activities associated with
political fundraising;(4) educational missions;(5) state business
meetings;(6) family gifts;(7) personal friendship gifts;(8)
$75 in meals per day; (9) food, travel, and lodging associated
with outside business or employment activities (10) Intra- and
Inter-governmental gifts;(11) transfers at death; and (12) items
worth less than $100 per year. |
| Restrictions on State Contractors serving
on boards and commissions |
Bars state contractors and their immediate
family members from serving on boards and commissions if the
contractor is entitled to receive more than 7 1/2%, or the contractor
together with his or her spouse and immediate family members
are eligible to receive 15%, of the total distributable income
under a state contract other than an employment contract; with
two exceptions: contractors who are also elected officials and
contractors who are serving on non-binding state boards. |
| Restrictions on Lobbyists serving on
boards and commissions |
Bars Lobbyists and their immediate family members
from serving on boards and commissions with two exceptions:
lobbyists who are elected officials, or serving on non-binding
state boards. (achieved through override of amendatory veto
of HB 3412) |
| Sets lobbyist registration fees |
Lobbyist registration fees raised to $350,
or $150 for non-profits (Note that earlier this year lobbyist
registration fees were raised to $300 for most lobbyists, $100
for non-profits, by SB 1903, the Budget Implementation Act,
signed 6/20/03) |
| Revolving door for state employees
|
Shuts, for one year after leaving state employment,
revolving door for state employees who “participated personally
and substantially in the decision to award a State contract
or contracts cumulatively valued at over $25,000” with private
vendors. |
| Public service announcements |
Bans statewide and legislative incumbents’
and candidates’ name, image or voice from appearing in any public
service announcements on behalf of any state program. |
| Promotional Items |
Prohibits bumper stickers and other promotional
materials with constitutional officers’ name or likeness. |
| Ex parte communication . |
Requires disclosure of ex parte communication
in rule making by certain, enumerated regulatory and quasi-adjudicatory
state agencies. State employee receiving the communication
must report it to their ethics officer, who must detail the
communication in any final report about the new rule. The report
must note if the ex parte communication is made by a special
government agent. |
| Special Government Agent (Shadow Government)
|
Requires statements of economic interest and
ex parte communication filing from “any person who is directed,
retained, designated, appointed, or employed, with or without
compensation, by or on behalf of” a statewide elected official. |
| Statements of Economic Interest |
Will now be posted on the Secretary of State’s
website for copying (eg, PDF format) |
| |
Spring Session Proposal ( HB 3412) |
| Definition of prohibited political
activity on state time |
(1) Attending political meetings, (2) soliciting
contributions, (3) Preparing to solicit contributions, (4) planning
a political poll, (5) surveying voters for political purposes,
(6) election day poll watching, (7) soliciting votes, (8) preparing
or circulating candidate petitions, (9) contributing to a candidate,
(10) preparing candidate questionnaires, (11) distributing campaign
materials, (12) campaigning for office, (13) working on a campaign,
(14) attending a political convention, and (15) participating
in a recount or challenge. |
| Scope of workers covered by ethics
laws |
Any person employed full-time or part-time,
or pursuant to a contract, or an appointee. |
| Lobbyists requirement to report new
clients |
Shortened to within two business days. |
| Lobbyist registration and gift reports
filing requirement |
Requires electronic filing and on-line, searchable
posting of lobbyist registration and gift reports |
| Campaign finance disclosure: sham issue
ads |
Requires groups running sham issue ads before
elections to disclose source of funds |
| Fines for political committees that
hide funds received right before an election |
Increased to at least 10% and as much as 100%
of the unreported contribution |
| Campaign finance disclosure: political
communications |
Requires disclosure in political communications
of PAC that paid for it |
| Offer or promise of state benefits
|
Bans offer or promise of state benefits for
campaign contributions |
| Legislative Printing Unit and other
state-sponsored mailings |
Bans LPU and other state-sponsored legislative
mailings before elections |
| Late-term gubernatorial appointments |
Limits late-term gubernatorial appointments
|
| Fundraising at State Capitol |
Bans fundraising by legislators, statewide
executives, or candidates for either post in Sangamon County
on session days late in Spring Session or in Veto Session (changes
(1) from within 50 miles of City of Springfield to within Sangamon
County; (2) from the last 90 days of the Spring Session and
all of Veto Session to February 1 through adjournment of Spring
Session, and all of Veto Session.) |
| Contribution solicitations on state
property |
Banned in any building or portion thereof owned
or exclusively leased by the State or any State agency, unless
the building or portion is subleased by a private person or
entity. |
