093_SB1052
LRB093 07161 JAM 07316 b
1 AN ACT concerning ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Gift Ban Act is amended by changing
5 Section 15 as follows:
6 (5 ILCS 425/15)
7 Sec. 15. Exceptions. The restriction in Section 10 does
8 not apply to the following:
9 (1) Anything for which the member, officer, employee, or
10 judge pays the market value or anything not used and promptly
11 disposed of as provided in Section 25.
12 (2) A contribution, as defined in Article 9 of the
13 Election Code that is lawfully made under that Act or
14 attendance at a fundraising event sponsored by a political
15 organization.
16 (3) A gift from a relative, meaning those people related
17 to the individual as father, mother, son, daughter, brother,
18 sister, uncle, aunt, great aunt, great uncle, first cousin,
19 nephew, niece, husband, wife, grandfather, grandmother,
20 grandson, granddaughter, father-in-law, mother-in-law,
21 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
22 stepfather, stepmother, stepson, stepdaughter, stepbrother,
23 stepsister, half brother, half sister, and including the
24 father, mother, grandfather, or grandmother of the
25 individual's spouse and the individual's fiance or fiancee.
26 (4) Anything provided by an individual on the basis of a
27 personal friendship unless the member, officer, employee, or
28 judge has reason to believe that, under the circumstances,
29 the gift was provided because of the official position or
30 employment of the member, officer, employee, or judge and not
31 because of the personal friendship.
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1 In determining whether a gift is provided on the basis of
2 personal friendship, the member, officer, employee, or judge
3 shall consider the circumstances under which the gift was
4 offered, such as:
5 (i) the history of the relationship between the
6 individual giving the gift and the recipient of the gift,
7 including any previous exchange of gifts between those
8 individuals;
9 (ii) whether to the actual knowledge of the member,
10 officer, employee, or judge the individual who gave the
11 gift personally paid for the gift or sought a tax
12 deduction or business reimbursement for the gift; and
13 (iii) whether to the actual knowledge of the
14 member, officer, employee, or judge the individual who
15 gave the gift also at the same time gave the same or
16 similar gifts to other members, officers, employees, or
17 judges.
18 (5) A commercially reasonable loan evidenced in writing
19 with repayment due by a date certain made in the ordinary
20 course of the lender's business.
21 (6) A contribution or other payments to a legal defense
22 fund established for the benefit of a member, officer,
23 employee, or judge that is otherwise lawfully made.
24 (7) Intra-office and inter-office gifts. For the
25 purpose of this Act, "intra-office gifts" means:
26 (i) any gift given to a member or employee of the
27 legislative branch from another member or employee of the
28 legislative branch;
29 (ii) any gift given to a judge or employee of the
30 judicial branch from another judge or employee of the
31 judicial branch;
32 (iii) any gift given to an officer or employee of
33 the executive branch from another officer or employee of
34 the executive branch;
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1 (iv) any gift given to an officer or employee of a
2 unit of local government, home rule unit, or school
3 district, from another employee of that unit of local
4 government, home rule unit, or school district;
5 (v) any gift given to an officer or employee of any
6 other governmental entity not included in item (i), (ii),
7 (iii), or (iv), from another employee of that
8 governmental entity; or
9 (vi) any gift given to a member or employee of the
10 legislative branch, a judge or employee of the judicial
11 branch, an officer or employee of the executive branch,
12 an officer or employee of a unit of local government,
13 home rule unit, or school district, or an officer or
14 employee of any other governmental entity not included in
15 item (i), (ii), (iii), or (iv) from a member or employee
16 of the legislative branch, a judge or employee of the
17 judicial branch, an officer or employee of the executive
18 branch, an officer or employee of a unit of local
19 government, home rule unit, or school district, or an
20 officer or employee of any other governmental entity.
21 (8) Food, refreshments, lodging, transportation, and
22 other benefits:
23 (i) resulting from the outside business or
24 employment activities (or outside activities that are not
25 connected to the duties of the member, officer, employee,
26 or judge, as an office holder or employee) of the member,
27 officer, employee, judge, or the spouse of the member,
28 officer, employee, or judge, if the benefits have not
29 been offered or enhanced because of the official position
30 or employment of the member, officer, employee, or judge
31 and are customarily provided to others in similar
32 circumstances;
33 (ii) customarily provided by a prospective employer
34 in connection with bona fide employment discussions; or
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1 (iii) provided by a political organization in
2 connection with a fundraising or campaign event sponsored
3 by that organization.
4 (9) Pension and other benefits resulting from continued
5 participation in an employee welfare and benefits plan
6 maintained by a former employer.
7 (10) Informational materials that are sent to the office
8 of the member, officer, employee, or judge in the form of
9 books, articles, periodicals, other written materials,
10 audiotapes, videotapes, or other forms of communication.
11 (11) Awards or prizes that are given to competitors in
12 contests or events open to the public, including random
13 drawings.
14 (12) Honorary degrees (and associated travel, food,
15 refreshments, and entertainment provided in the presentation
16 of degrees and awards).
17 (13) Training (including food and refreshments furnished
18 to all attendees as an integral part of the training)
19 provided to a member, officer, employee, or judge, if the
20 training is in the interest of the governmental entity.
21 (14) Educational missions, including meetings with
22 government officials either foreign or domestic, intended to
23 educate public officials on matters of public policy, to
24 which the member, officer, employee, or judge may be invited
25 to participate along with other federal, state, or local
26 public officials and community leaders.
27 (15) Bequests, inheritances, and other transfers at
28 death.
29 (16) Anything that is paid for by the federal
30 government, the State, or a governmental entity, or secured
31 by the government or governmental entity under a government
32 contract.
33 (17) A gift of personal hospitality of an individual
34 other than a registered lobbyist or agent of a foreign
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1 principal, including hospitality extended for a nonbusiness
2 purpose by an individual, not a corporation or organization,
3 at the personal residence of that individual or the
4 individual's family or on property or facilities owned by
5 that individual or the individual's family.
6 (18) Free attendance at a widely attended event
7 permitted under Section 20.
8 (19) Opportunities and benefits that are:
9 (i) available to the public or to a class
10 consisting of all employees, officers, members, or
11 judges, whether or not restricted on the basis of
12 geographic consideration;
13 (ii) offered to members of a group or class in
14 which membership is unrelated to employment or official
15 position;
16 (iii) offered to members of an organization such as
17 an employee's association or credit union, in which
18 membership is related to employment or official position
19 and similar opportunities are available to large segments
20 of the public through organizations of similar size;
21 (iv) offered to any group or class that is not
22 defined in a manner that specifically discriminates among
23 government employees on the basis of branch of government
24 or type of responsibility, or on a basis that favors
25 those of higher rank or rate of pay;
26 (v) in the form of loans from banks and other
27 financial institutions on terms generally available to
28 the public; or
29 (vi) in the form of reduced membership or other
30 fees for participation in organization activities offered
31 to all government employees by professional organizations
32 if the only restrictions on membership relate to
33 professional qualifications.
34 (20) A plaque, trophy, or other item that is
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1 substantially commemorative in nature and that is extended
2 for presentation.
3 (21) Golf or tennis; food or refreshments of nominal
4 value and catered food or refreshments; meals or beverages
5 consumed on the premises from which they were purchased.
6 (22) Donations of products from an Illinois company that
7 are intended primarily for promotional purposes, such as
8 display or free distribution, and are of minimal value to any
9 individual recipient.
10 (23) Any item or items from any one prohibited source
11 during any calendar year having a cumulative total value of
12 less than $100.
13 (24) Honoraria, if the entity paying the honorarium is
14 not a registered lobbyist.
15 (Source: P.A. 92-853, eff. 8-28-02.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.