From The State Journal-Register:

Justices put Gift Ban Act back in effect
By ADRIANA COLINDRES
STATE CAPITOL BUREAU

The Illinois Supreme Court on Thursday restored the state’s Gift Ban Act, reversing a lower court ruling that declared the ethics law to be unconstitutionally vague.

In a 7-0 decision, the high court said the two men who had challenged the act lacked legal standing to raise constitutional questions about it. State Sen. Denny Jacobs, D-East Moline, and Patrick Flynn, a former New Lenox village trustee, filed the suit in March 1999.

The court didn’t address the men’s arguments that the Gift Ban Act is unconstitutional.

"I’m not happy with the ruling because I don’t think we got what we were looking for . . . a hearing on the merits of the case," Jacobs said.

The Gift Ban Act, which the General Assembly passed in 1998, restricted gifts to elected officials and other state employees unless the gifts were of "nominal value." The act included 23 exceptions, allowing lobbyists to treat legislators to golf, tennis and restaurant meals, for example.

Other parts of the act prohibited making campaign contributions on state property, banned using campaign money for some personal expenses and stiffened fines for violating campaign finance guidelines.

In March 1999, Jacobs and Flynn sued Gov. George Ryan and Attorney General Jim Ryan, contending the Gift Ban Act was unconstitutional, in part because its language was too vague. The act should not be enforced, Jacobs and Flynn said in the lawsuit.

Will County Judge Thomas Ewert agreed, and he ruled the entire law invalid in September 2000.

But in Thursday’s ruling, written by Justice Charles Freeman, the Supreme Court said the trial judge had made a mistake.

"The complaint should have been dismissed in its entirety because plaintiffs lacked standing to (allege) any of the constitutional claims they raised," Freeman wrote.

Because neither plaintiff had been charged with a crime, they could not show how the law would have hurt them, the court said.

Jacobs said he had hoped for a clearer message from the court.

"I would have liked . . . at least an indication that would have said something to the effect that, even though plaintiffs did not have standing, we have heard the arguments on constitutionality and believe the bill has problems and should be cleaned up," he said.

Sen. Barack Obama, a Chicago Democrat who helped negotiate the 1998 legislation, praised the high court’s decision.

"Given the cloud that’s fallen over Illinois politics over the last several months, I think it’s absolutely critical that these laws be enforced," he said. "These are simple, common-sense rules designed to protect the political process and restore some measure of confidence in government."

A spokesman for House Republican Leader Lee Daniels said the court’s decision will not stop the caucus from working on new ethics rules that could prohibit political activity by public employees, including those in local government.

The gift-ban provisions in the House Republicans’ plan would be tougher than the provisions in the present Gift Ban Act, Daniels spokesman Gregg Durham said. Full details of the new plan haven’t yet been made public.

Senate Republicans said Thursday they, too, are considering ethics legislation. The main issue is making it clear that state and local government employees "cannot solicit (contributions from) those that they regulate," said Sen. Kirk Dillard, R-Hinsdale.

More ethics rules definitely are needed, officials with public-interest groups said.

The Supreme Court ruling failed to address the major issues, said David Starrett, a lobbyist for the Independent Voters of Illinois. He is helping House Republicans with their proposed ethics legislation.

The court’s ruling will "make it easier for those who don’t want to strengthen the act to say that we don’t need to do anything," Starrett said. "Had the court thrown out the current act, that would be more glaringly obvious than it now is."

The 1998 legislation represented "a solid beginning," said Cindi Canary, director of the Illinois Campaign for Political Reform. Thursday’s court ruling sets the stage for improving ethics laws, she said.

Adriana Colindres can be reached at 782-6292 or adriana.colindres@sj-r.com.