HB3380 97TH GENERAL ASSEMBLY

LRB097 08967 NHT 49100 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3380

Introduced 2/24/2011, by Rep. William Davis

SYNOPSIS AS INTRODUCED:

New Act

Creates the Educational Ethics Act. Provides that no person holding an elected or appointed position with a school board, a regional office of education, a local school council, or any other entity with the power to designate, approve, refer, or otherwise influence the award of contracts with any State or local governmental educational entity may (1) solicit or receive any remuneration from an entity or individual whom he or she knows or should have known to have a legislative, economic, or direct pecuniary interest in such contract; (2) accept compensation for performance of his or her duties in the position, with exceptions; or (3) accept any economic opportunity under circumstances in which he or she knows or should know that there is a possibility that the opportunity is being afforded with the intent to influence his or her conduct in the performance of his or her official duties. Provides that whoever knowingly solicits, receives, offers, or pays any remuneration, compensation, gifts, or other economic opportunity in return for (i) referring, recommending, or otherwise assisting in the procurement of State or local government educational contracts or (ii) purchasing, leasing, ordering, arranging for, or otherwise recommending the purchasing, leasing, or ordering of any other good, facility, service, or item via a contract with a State or local governmental educational entity shall be barred from any further contracts or business with a State or local governmental educational entity. Sets forth certain meal and consulting exceptions. Requires specified disclosures to the Office of the Attorney General.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 1. Short title. This Act may be cited as the Educational Ethics Act.

Section 5. Prohibitions.

(a) No person holding an elected or appointed position with a school board, a regional office of education, a local school council, or any other entity with the power to designate, approve, refer, or otherwise influence the award of contracts with any State or local governmental educational entity may do any of the following:

(1) Solicit or receive any remuneration, directly or indirectly, overtly or covertly, in cash or in kind, from an entity or individual whom he or she knows or should have known to have a legislative, economic, or direct pecuniary interest in such contract.

(2) Accept compensation for performance of his or her duties in the position, except for payments made as provided by law or in his or her normal contract or terms and conditions of employment.

(3) Accept any economic opportunity under circumstances in which he or she knows or should know that there is a possibility that the opportunity is being afforded with the intent to influence his or her conduct in the performance of his or her official duties.

(b) Whoever knowingly solicits, receives, offers, or pays any remuneration, compensation, gifts, or other economic opportunity in return for (i) referring, recommending, or otherwise assisting in the procurement of State or local government educational contracts or (ii) purchasing, leasing, ordering, arranging for, or otherwise recommending the purchasing, leasing, or ordering of any other good, facility, service, or item via a contract with a State or local governmental educational entity shall be barred from any further contracts or business with a State or local governmental educational entity.

Section 10. Exceptions. Section 5 of this Act does not apply to any of the following:

(1) Meals. In order to provide important and relevant information, persons under which subsection (a) of Section 5 of this Act applies may take the opportunity to present information during the working day, including mealtimes. In connection with such a presentation, it is appropriate for occasional meals to be offered as a business courtesy so long as all of the following conditions are met:

(A) The presentation provides scientific or educational value.

(B) The meal does not exceed $20 per person.

(C) The meal is not part of an entertainment or recreational event.

(D) The meal is provided in a manner constructive to informational communication.

(E) The meal is provided in an in-office setting.

(F) The meal is reported to the Office of the Attorney General.

(2) Consulting. Consulting arrangements between persons under which subsection (a) of Section 5 of this Act applies and educational professionals are allowable as long as they conform to all of the following guidelines:

(A) A written contract specifies the nature of the consulting services to be provided and the basis for payment of those services.

(B) A legitimate need for the consulting services has been clearly identified in writing and in advance of requesting the services and entering into arrangements with the prospective consultants.

(C) The criteria for selecting consultants are directly related to the identified purpose and are reduced to a written instrument, and the persons responsible for selecting the consultants have the expertise necessary to evaluate whether the particular educational professionals meet those criteria.

(D) The number of educational professionals retained is not greater than the number reasonably necessary to achieve the identified purpose.

(E) The retaining entity maintains records concerning and makes appropriate use of the services provided by consultants, and the records are submitted to the Office of the Attorney General.

(F) The venue and circumstances of any meeting with consultants are conducive to the consulting services, and activities related to the services are the primary focus of the meeting and are disclosed to the Office of the Attorney General.

(G) No recreational or entertainment events are provided in conjunction with the meeting.

Section 15. Disclosures; public information.

(a) Any person, whether appointed, elected, or hired, who holds a position with a school board, a regional office of education, a local school council, or any other entity with the power to designate, approve, refer, or otherwise influence the award of contracts with any State or local governmental educational entity must file with the Office of the Attorney General a disclosure of all contracts the person or his or her spouse or immediate family members living with the person have with this State and all contracts between this State and any entity in which the person or his or her spouse or immediate family members living with the person have a majority financial interest.

(b) Any person, whether appointed, elected, or hired, who holds a position with a school board, a regional office of education, a local school council, or any other entity with the power to designate, approve, refer, or otherwise influence the award of contracts with any State or local governmental educational entity must disclose the following interests to the Office of the Attorney General:

(1) The name, address, and type of practice of any professional organization or individual professional practice in which the person was an officer, director, associate, partner, or proprietor or served in any advisory capacity from which income in excess of $1,200 was derived during the preceding calendar year.

(2) The nature of professional services and the nature of the entity to which they were rendered if fees exceeding $1,200 were received by the person.

(3) The name of any entity that has employed the person during the preceding calendar year.

(4) The identity, including the address or legal description of real estate, of any capital asset from which a capital gain of $1,200 or more was realized in the preceding calendar year.

(5) The name of any entity from which a gift or gifts or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

(c) All disclosures, records, or reports submitted under this Act to the Office of the Attorney General must be made public on the Attorney General's Internet website within 7 business days after receipt.