Lawmaker gifts this holiday season? Illinois has rules.
There are limits on gift giving to Illinois state lawmakers, but there are exceptions. Here’s where the state draws the line between generosity and graft.
With the intent to prevent conflicts of interest and avoid corruption in the Statehouse, there are restrictions on the types of gifts and circumstances under which lawmakers can accept gifts.
Most, if not all, states limit what gifts a legislator can accept. Definitions vary from a “thing of value” or “expenditure” in some states to a monetary value limit in others. Gifts can range from tickets to an entertainment or sporting event to a promise of future employment.
There are 38 states that exempt political or campaign contributions from scrutiny. Illinois makes sure to clarify “lawful political contributions” are an exception to its rules.
Hospitality, gifts from family or personal friends and informational materials are other categories many states exclude from gift-giving restrictions.
Iowa insists on clarifying that giving a lawmaker a gift to celebrate a 25th or 50th wedding anniversary is not against the rules.
Ohio, Pennsylvania and more prohibit the promise of future employment, as it is considered a gift.
In Illinois, the trust between lawmakers and taxpayers has been hurt as Illinois averaged one public corruption conviction a week, ranking as the most corrupt big state in the nation. Most notable is the legacy of former Illinois House Speaker Michael Madigan, who is in federal prison for bribery, conspiracy and wire fraud. He used his office to obtain gifts such as no-show jobs, board seats and contracts that built his power and traded in favorable legislation for ComEd and others.
To curtail the behavior Madigan engaged in, Illinois places heavy gift-giving restrictions on “prohibited sources” such as a registered lobbyist or someone who does business with or is regulated by the state.
“No legislator, legislator’s spouse or legislator’s immediate family member living in their household shall solicit or accept a gift from a prohibited source. No prohibited source shall intentionally offer or make a gift that violates this provision.”
But political deals will continue behind closed doors and special interests will continue seeking favors. Illinois can make changes to contain the corruption, including:
- Empower the legislative inspector general. Allow the office to serve as a watchdog able to issue subpoenas on its own initiative and publish findings of wrongdoing.
- Require better financial disclosure and voting recusal for conflicts of interest. Mandate lawmakers to provide detailed statements of economic interests and to recuse themselves from voting in the case of a conflict of interest, with real penalties for violating this rule.
- Reform the House Rules. Right-size the speaker’s legislative power so one political office does not have the power in the General Assembly to determine when or even whether a bill is called for a vote.
- Enact true, fair political district maps. Adopt a redistricting process that places map-making power with an independent redistricting commission and removes it from the hands of state lawmakers who stand to benefit from drawing their own districts in their favor.
- End the revolving door of lawmaker to lobbyist. Prohibit lawmakers from acting as lobbyists while they’re in office and establish a two-year limit between retiring as lawmaker and becoming a lobbyist.
Corruption may be historically associated with the Illinois General Assembly, but this holiday season is a reminder that public servants are expected to give rather than receive.