Bill Text: IL HB3380 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3380 Detail]

Download: Illinois-2011-HB3380-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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

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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.

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(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

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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

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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

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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.