From The Chicago Sun-Times:

Curbs on gifts to public officials upheld

May 24, 2002

BY PAT MILHIZER AND DAVE MCKINNEY SUN-TIMES SPRINGFIELD BUREAU

SPRINGFIELD--Against the backdrop of new corruption indictments involving Gov. Ryan's inner political circle, the Illinois Supreme Court on Thursday upheld a sweeping ethics reform law that targets political contributions and lobbyist gift-giving.

Two years ago, the 1998 Gift Ban Act was declared unconstitutional by a Will County judge after Sen. Denny Jacobs (D-East Moline) and Patrick Flynn, a former New Lenox village trustee, challenged its vagueness.

The high court didn't address the law's constitutional questions. Instead, justices ruled that neither Jacobs nor Flynn had the standing to challenge the law because neither had been directly affected by it.

"One must have sustained or be in immediate danger of sustaining a direct injury as a result of enforcement of the statute," Justice Charles Freeman wrote in the court's opinion. "Applying these standards to the case ... it is clear that plaintiffs lack standing to advance any of the claims they raised in the Circuit Court."

Jacobs expressed disappointment with the ruling and with the court's unwillingness to address any of the larger constitutional questions he and Flynn raised.

"I wish the court would have ruled on the merits of the case rather than 'no harm, no foul,'" Jacobs said.

The Gift Ban Act prohibits most presents to public officials and contributions made on state property. It also requires immediate reporting of large political contributions.

Jacobs called the law unclear and vague because it allows gifts of nominal value, but anything else must be rejected or donated to a charity.

Given the latest indictments in the federal Operation Safe Road investigation against Ryan's campaign fund while he was secretary of state, some lawmakers are trying to get stricter contribution standards on the books. The court's ruling clears the way for that to happen.

Senate President James "Pate" Philip (R-Wood Dale) said he likely will allow a vote next week on legislation now being crafted to strengthen state ethics laws. Its primary focus will be to ban local and state officials from soliciting contributions from entities they regulate.

"That is the crux of the issues that have arisen from the secretary of state's license-for-bribes scandal," said Sen. Kirk Dillard (R-Hinsdale), who is expected to sponsor the Senate GOP bill.

On Tuesday, federal prosecutors indicted two close friends of Ryan and a third man for engaging in a $2.8 million influence-peddling scheme while Ryan was secretary of state. Their indictments bring the number of people charged in Operation Safe Road to 51.

"People in this state are sitting around, incredulous, that you can have 51 indictments without any kind of legislative response," said Cindi Canary, director of the Illinois Campaign for Political Reform, which is seeking bans on soliciting contributions from regulated entities and soliciting contributions from state workers.