State of Illinois
91st General Assembly
Legislation

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91_HB1464

 
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 1        AN ACT concerning gifts to  employees  and  officials  of
 2    units of local government and school districts.

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

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Local Gift Ban Act.

 7        Section 5.  Definitions.  As used in this Act:
 8        "Commission" means an ethics commission created by a unit
 9    of  local government or school district as authorized by this
10    Act.
11        "Elected official" means a person elected or appointed to
12    an elective office in a unit of local  government  or  school
13    district.
14        "Employee"  means  all  full-time or part-time employees,
15    elected officials, and appointed officials of units of  local
16    government,  school  districts,  and the subsidiary bodies of
17    units of local government and school districts.
18        "Gift"  means  any  gratuity,  discount,   entertainment,
19    hospitality,   loan,   forbearance,   or  other  tangible  or
20    intangible item having  monetary  value  including,  but  not
21    limited  to, cash, food and drink, and honoraria for speaking
22    engagements  related  to  or   attributable   to   government
23    employment or the official position of an employee.
24        "Political   organization"   means  a  party,  committee,
25    association, fund, or  other  organization  (whether  or  not
26    incorporated)   organized  and  operated  primarily  for  the
27    purpose of directly or indirectly accepting contributions  or
28    making expenditures, or both, for the function of influencing
29    or   attempting   to  influence  the  selection,  nomination,
30    election, or appointment of any individual  to  any  federal,
31    state,  or  local  public  office  or  office  in a political
 
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 1    organization,   or   the   election   of   Presidential    or
 2    Vice-Presidential electors, whether or  not the individual or
 3    electors are selected, nominated, elected, or appointed.  The
 4    term   includes   an  organization  that  makes  expenditures
 5    relating to an office described  in  the  preceding  sentence
 6    which, if incurred by the individual, would be allowable as a
 7    federal income tax deduction for trade or business expenses.
 8        "Prohibited source" means any person or entity who:
 9             (1)  is  seeking official action by the employee, by
10        another employee directing the first employee, or by  the
11        employee's unit of local government or school district.
12             (2)  does  business or seeks to do business with the
13        employee,  with  another  employee  directing  the  first
14        employee, or with the employee's unit of local government
15        or school district;
16             (3)  conducts activities regulated by the  employee,
17        by  another  employee directing the first employee, or by
18        the  employee's  unit  of  local  government  or   school
19        district;
20             (4)  has   interests   that   may  be  substantially
21        affected by the performance  or  non-performance  of  the
22        official duties of the employee; or
23             (5)  is subject to an ordinance or resolution of the
24        employee's  unit  of  local government or school district
25        that regulates lobbying as  authorized  by  the  Lobbyist
26        Registration Act.
27        "Subsidiary  body of a unit of local government or school
28    district" means any board, commission, or committee,  created
29    or  authorized  by  statute  or ordinance, of a unit of local
30    government or school district.
31        "Ultimate jurisdictional authority" means the following:
32             (1)  For an employee who is not an elected official,
33        the elected or appointed official or subsidiary body of a
34        unit of local government or school district with ultimate
 
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 1        power to discipline the employee.
 2             (2)  For an elected official, the governing body  of
 3        the  unit of local government or school district of which
 4        he or she is an elected official.
 5        "Unit of local government" is defined as in Section 1  of
 6    Article VII of the Illinois Constitution.

 7        Section  10.   Gift  ban. Except as otherwise provided in
 8    this Act, no employee shall solicit or accept any  gift  from
 9    any prohibited source or in violation of any federal or State
10    statute,  rule, or regulation or any ordinance or resolution.
11    This ban applies to and includes  spouses  of  and  immediate
12    family  living  with the employee. No prohibited source shall
13    offer or make a gift that violates this Section.

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

26        Section 20.  Attendance at events.
27        (a)  An employee may accept an offer of  free  attendance
28    at  a  widely  attended  convention,  conference,  symposium,
29    forum,  panel  discussion,  dinner,  viewing,  reception,  or
30    similar event, provided by the sponsor of the event, if:
31             (1)  the  employee  participates  in  the event as a
32        speaker or a panel participant, by presenting information
33        related to government,  or  by  performing  a  ceremonial
 
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 1        function  appropriate to the employee's official position
 2        or employment; or
 3             (2)  attendance at the event is appropriate  to  the
 4        performance  of civic affairs in Illinois or the official
 5        duties or representative function of the employee.
 6        (b)  An  employee  who  attends  an  event  described  in
 7    subsection (a) may accept a sponsor's  unsolicited  offer  of
 8    free attendance at the event for an accompanying individual.
 9        (c)  An  employee,  or  the  spouse  or  dependent  of an
10    employee, may accept a sponsor's unsolicited  offer  of  free
11    attendance  at a charity event, except that reimbursement for
12    transportation and lodging may not be accepted in  connection
13    with the event.
14        (d)  For   purposes  of  this  Section,  the  term  "free
15    attendance" may include waiver of all or part of a conference
16    or  other  fee,  the  provision  of  transportation,  or  the
17    provision   of   food,   refreshments,   entertainment,   and
18    instructional materials furnished  to  all  attendees  as  an
19    integral  part  of  the  event.   The  term  does not include
20    entertainment collateral to the event, nor  does  it  include
21    food or refreshments taken other than in a group setting with
22    all   or   substantially   all  other  attendees,  except  as
23    authorized under subsection (21) of Section 15.

24        Section 25.  Disposition of gifts.  The  recipient  of  a
25    gift  that  is  given in violation of this Act may, at his or
26    her discretion, return the item to the donor or give the item
27    or an amount equal to its value to an appropriate charity.

28        Section 30.  Reimbursement.
29        (a)  A reimbursement (including payment in  kind)  to  an
30    employee  from  a  private  source  other  than  a  regulated
31    lobbyist  or  agent  of  a  foreign  principal  for necessary
32    transportation, lodging, and related expenses for travel to a
 
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 1    meeting, speaking engagement, fact finding trip,  or  similar
 2    event  in  connection  with  the duties of the employee as an
 3    employee shall be deemed to be a reimbursement to the unit of
 4    local government or school district and not a gift prohibited
 5    by this Act if the employee:
 6             (1)  discloses the  expenses  reimbursed  or  to  be
 7        reimbursed and the authorization to the fiscal officer or
 8        similar  authority  within  30  days  after the travel is
 9        completed; and
10             (2)  in  the  case  of  an  employee  under   direct
11        supervision   of   another   employee,  receives  advance
12        authorization from the  supervising  employee  to  accept
13        reimbursement.
14        (b)  For   purposes   of   subsection  (a),  events,  the
15    activities of which are substantially recreational in nature,
16    shall not be considered to be in connection with  the  duties
17    of an employee as an employee.
18        (c)  Each  advance  authorization to accept reimbursement
19    shall  be  signed  by  the  employee   under   whose   direct
20    supervision the employee works and shall include:
21             (1)  the name of the employee;
22             (2)  the  name  of  the  person  who  will  make the
23        reimbursement;
24             (3)  the time, place, and purpose of the travel; and
25             (4)  a  determination  that   the   travel   is   in
26        connection with the duties of the employee as an employee
27        and  would not create the appearance that the employee is
28        using public employment for private gain.
29        (d)  Each  disclosure  made  under  subsection   (a)   of
30    expenses  reimbursed  or  to be reimbursed shall be signed by
31    the employee or, in the case  of  an  employee  under  direct
32    supervision  of another employee, by the supervising employee
33    and shall include:
34             (1)  a good faith estimate of  total  transportation
 
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 1        expenses reimbursed or to be reimbursed;
 2             (2)  a good faith estimate of total lodging expenses
 3        reimbursed or to be reimbursed;
 4             (3)  a  good  faith  estimate of total meal expenses
 5        reimbursed or to be reimbursed;
 6             (4)  a good faith estimate of  the  total  of  other
 7        expenses reimbursed or to be reimbursed; and
 8             (5)  a  determination  that  all  those expenses are
 9        necessary transportation, lodging, and related expenses.

10        Section 35.  Disciplinary action.  An employee's ultimate
11    jurisdictional authority may take disciplinary action against
12    an employee (i) who  violates  this  Act,  (ii)  who  is  the
13    subject of a recommendation by an ethics commission, or (iii)
14    described by both items (i) and (ii).
15        The    ultimate   jurisdictional   authority   may   take
16    disciplinary action recommended by an ethics  commission,  if
17    any,  or  as  it  deems  appropriate,  to  the  extent it has
18    constitutional and statutory authority to take that action.
19        The ultimate  jurisdictional  authority  shall  make  its
20    action,  or determination to take no action, available to the
21    public.

22        Section  40.   Penalty.  An  individual   who   knowingly
23    violates this Act is guilty of a business offense and subject
24    to a fine of up to $5,000.

25        Section   45.  Optional  activities  by  units  of  local
26    government and school districts; home rule preemption.
27        (a)  A unit of local government or  school  district  may
28    adopt  or  continue  to  enforce  ordinances  or  resolutions
29    concerning  the  solicitation  and acceptance of gifts by its
30    employees.   Those  ordinances  or  resolutions  may  not  be
31    inconsistent  with the requirements of this Act, but they may
 
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 1    be more restrictive than those requirements.
 2        (b)  By  ordinance  or  resolution,  a  unit   of   local
 3    government or school district may designate an ethics officer
 4    for  the  unit  or  district.  Ethics officers shall have the
 5    powers and duties provided by ordinance or resolution.
 6        (c)(1)  By ordinance  or  resolution,  a  unit  of  local
 7    government   or  school  district  may  establish  an  ethics
 8    commission to investigate complaints of  violations  of  this
 9    Act  and  recommend  disciplinary  measures  to  the ultimate
10    jurisdictional authority of a violating employee.
11        A unit  of  local  government  or  school  district  must
12    prescribe  the  commission's  procedure  for  investigating a
13    complaint of a violation of this  Act.   The  procedure  must
14    include  the notification of the subject of a complainant and
15    opportunity for the complainant and the  subject  to  present
16    evidence  before  the commission.  All deadlines for notices,
17    hearings, deliberations, and  decisions  must  conform  to  a
18    schedule  that considers the interests of the commission, the
19    subject of the complaint, and the unit of local government or
20    school district in both the fair deliberation of a  complaint
21    and  its expeditious conclusion without disrupting the normal
22    functioning of the unit or district.
23        (2)  A  commission  that  determines  an   employee   has
24    violated  this Act may recommend any of the following actions
25    to the employee's ultimate jurisdictional authority:
26             (i)  A reprimand.
27             (ii)  That  the  employee  cease  and   desist   the
28        offensive action.
29             (iii)  A  return  or refund of money or other items,
30        or an amount of restitution  for  services,  received  in
31        violation of this Act.
32             (iv)  Except  for  elected  officials,  dismissal or
33        removal from office or other appropriate discipline.
34             (v)  Donation to a charity of an amount equal to the
 
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 1        gift.
 2        (d)  Units of local government and school  districts  may
 3    agree   to  share  ethics  officers  and  ethics  commissions
 4    pursuant to the authority of Section 6 of Article VII of  the
 5    Illinois  Constitution  and the Intergovernmental Cooperation
 6    Act.
 7        (e)  This Section is a limitation under subsection (i) of
 8    Section 6 of Article VII of the Illinois Constitution on  the
 9    concurrent   exercise  by  home  rule  units  of  powers  and
10    functions exercised by the State.

11        Section 215.  The  State  Gift  Ban  Act  is  amended  by
12    changing Sections 5 and  15 as follows:

13        (5 ILCS 425/5)
14        Sec. 5.  Definitions.  As used in this Act:
15        "Commission"  means  an ethics commission created by this
16    Act.
17        "Employee"   means   all   full-time,   part-time,    and
18    contractual  employees,  appointed and elected officials, and
19    directors of a governmental entity.
20        "Gift"  means  any  gratuity,  discount,   entertainment,
21    hospitality,   loan,   forbearance,   or  other  tangible  or
22    intangible item having  monetary  value  including,  but  not
23    limited  to, cash, food and drink, and honoraria for speaking
24    engagements  related  to  or   attributable   to   government
25    employment  or  the official position of an employee, member,
26    officer, or judge.
27        "Governmental   entity"   means   each   office,   board,
28    commission,  agency,  department,   authority,   institution,
29    university,  body politic and corporate, administrative unit,
30    and corporate outgrowth of the  executive,  legislative,  and
31    judicial branches of State government, whether created by the
32    Illinois  Constitution,  by or in accordance with statute, or
 
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 1    by executive order of the Governor.  Governmental entity does
 2    not include units of local government, school  districts,  or
 3    subsidiary  bodies  of  units  of  local government or school
 4    districts, as defined in the Local Gift Ban Act.
 5        "Judge" means judges and associate judges of the  Supreme
 6    Court, Appellate Courts, and Circuit Courts.
 7        "Member" means a member of the General Assembly.
 8        "Officer" means a State constitutional officer.
 9        "Political   organization"   means  a  party,  committee,
10    association, fund, or  other  organization  (whether  or  not
11    incorporated)   organized  and  operated  primarily  for  the
12    purpose of directly or indirectly accepting contributions  or
13    making expenditures, or both, for the function of influencing
14    or   attempting   to  influence  the  selection,  nomination,
15    election, or appointment of any individual  to  any  federal,
16    state,  or  local  public  office  or  office  in a political
17    organization,   or   the   election   of   Presidential    or
18    Vice-Presidential electors, whether or  not the individual or
19    electors are selected, nominated, elected, or appointed.  The
20    term  includes  the  making  of  expenditures  relating to an
21    office described in the preceding sentence that, if  incurred
22    by the individual, would be allowable as a federal income tax
23    deduction for trade or business expenses.
24        "Prohibited source" means any person or entity who:
25             (1)  is  seeking  official action (i) by the member,
26        officer, or judge or (ii) in the case of an employee,  by
27        the   employee   or   by   the  member,  officer,  judge,
28        governmental entity,  or  other  employee  directing  the
29        employee;
30             (2)  does  business or seeks to do business (i) with
31        the member, officer,  or judge or (ii) in the case of  an
32        employee,  with the employee or with the member, officer,
33        judge, governmental entity, or other  employee  directing
34        the employee;
 
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 1             (3)    conducts  activities  regulated  (i)  by  the
 2        member, officer, or judge or  (ii)  in  the  case  of  an
 3        employee,  by  the  employee  or  by the member, officer,
 4        judge, governmental entity, or other  employee  directing
 5        the employee;
 6             (4)    has   interests  that  may  be  substantially
 7        affected by the performance  or  non-performance  of  the
 8        official  duties  of  the  member,  officer, employee, or
 9        judge; or
10             (5)  is registered or required to be registered with
11        the Secretary of State under  the  Lobbyist  Registration
12        Act.
13        "Ultimate jurisdictional authority" means the following:
14             (1)  For   members,   partisan   staff,   and  their
15        secretaries,   the   appropriate   legislative    leader:
16        President  of  the Senate, Minority Leader of the Senate,
17        Speaker of the  House  of  Representatives,  or  Minority
18        Leader of the House of Representatives.
19             (2)  For  State employees who are professional staff
20        or employees of the Senate and  not  covered  under  item
21        (1), the Senate Operations Commission.
22             (3)  For  State employees who are professional staff
23        or employees of the  House  of  Representatives  and  not
24        covered  under  item  (1),  the  Speaker  of the House of
25        Representatives.
26             (4)  For State employees who are  employees  of  the
27        legislative   support   services   agencies,   the  Joint
28        Committee on Legislative Support Services.
29             (5)  For judges, the Chief Justice  of  the  Supreme
30        Court.
31             (6)  For State employees of the judicial branch, the
32        Administrative Office of the Illinois Courts.
33             (7)  For  State  employees  of  an  executive branch
34        constitutional officer, the appropriate executive  branch
 
                            -15-               LRB9102895MWpc
 1        constitutional officer.
 2             (8)  For  State employees not under the jurisdiction
 3        of paragraph (1), (2), (3), (4), (5), (6),  or  (7),  the
 4        Governor.
 5             (9)  For officers, the General Assembly.
 6    (Source: P.A. 90-737, eff. 1-1-99.)

 7        (5 ILCS 425/15)
 8        Sec. 15.  Exceptions.  The restriction in Section 10 does
 9    not apply to the following:
10        (1)  Anything for which the member, officer, employee, or
11    judge pays the market value or anything not used and promptly
12    disposed of as provided in Section 25.
13        (2)  A  contribution,  as  defined  in  Article  9 of the
14    Election Code  that  is  lawfully  made  under  that  Act  or
15    attendance  at  a  fundraising event sponsored by a political
16    organization.
17        (3)  A gift from a relative, meaning those people related
18    to the individual as father, mother, son, daughter,  brother,
19    sister,  uncle,  aunt, great aunt, great uncle, first cousin,
20    nephew,  niece,  husband,  wife,  grandfather,   grandmother,
21    grandson,    granddaughter,   father-in-law,   mother-in-law,
22    son-in-law, daughter-in-law,  brother-in-law,  sister-in-law,
23    stepfather,  stepmother,  stepson, stepdaughter, stepbrother,
24    stepsister, half brother,  half  sister,  and  including  the
25    father,   mother,   grandfather,   or   grandmother   of  the
26    individual's spouse and the individual's fiance or fiancee.
27        (4)  Anything provided by an individual on the basis of a
28    personal friendship unless the member, officer, employee,  or
29    judge  has  reason  to believe that, under the circumstances,
30    the gift was provided because of  the  official  position  or
31    employment of the member, officer, employee, or judge and not
32    because of the personal friendship.
33        In determining whether a gift is provided on the basis of
 
                            -16-               LRB9102895MWpc
 1    personal  friendship, the member, officer, employee, or judge
 2    shall consider the circumstances under  which  the  gift  was
 3    offered, such as:
 4             (i)  the  history  of  the  relationship between the
 5        individual giving the gift and the recipient of the gift,
 6        including any previous exchange of  gifts  between  those
 7        individuals;
 8             (ii)  whether to the actual knowledge of the member,
 9        officer,  employee,  or judge the individual who gave the
10        gift personally  paid  for  the  gift  or  sought  a  tax
11        deduction or business reimbursement for the gift; and
12             (iii)  whether   to  the  actual  knowledge  of  the
13        member, officer, employee, or judge  the  individual  who
14        gave  the  gift  also  at  the same time gave the same or
15        similar gifts to other members, officers,  employees,  or
16        judges.
17        (5)  A  commercially reasonable loan evidenced in writing
18    with repayment due by a date certain  made  in  the  ordinary
19    course of the lender's business.
20        (6)  A  contribution or other payments to a legal defense
21    fund established  for  the  benefit  of  a  member,  officer,
22    employee, or judge that is otherwise lawfully made.
23        (7)  Intra-office   and   inter-office  gifts.   For  the
24    purpose of this Act, "intra-office gifts" means:
25             (i)  any gift given to a member or employee  of  the
26        legislative branch from another member or employee of the
27        legislative branch;
28             (ii)  any  gift  given to a judge or employee of the
29        judicial branch from another judge  or  employee  of  the
30        judicial branch;
31             (iii)  any  gift  given to an officer or employee of
32        the executive branch from another officer or employee  of
33        the executive branch;
34             (iv)  (blank);  any  gift  given  to  an  officer or
 
                            -17-               LRB9102895MWpc
 1        employee of a unit of local government, home  rule  unit,
 2        or school district, from another employee of that unit of
 3        local government, home rule unit, or school district;
 4             (v)  any gift given to an officer or employee of any
 5        other governmental entity not included in item (i), (ii),
 6        or   (iii),  or  (iv),  from  another  employee  of  that
 7        governmental entity; or
 8             (vi)  any gift given to a member or employee of  the
 9        legislative  branch,  a judge or employee of the judicial
10        branch, an officer or employee of the  executive  branch,
11        an  officer  or  employee  of a unit of local government,
12        home rule unit, or school  district,  or  an  officer  or
13        employee of any other governmental entity not included in
14        item  (i),  (ii),  or  (iii),  or  (iv)  from a member or
15        employee of the legislative branch, a judge  or  employee
16        of  the  judicial  branch,  an officer or employee of the
17        executive branch, an officer or employee  of  a  unit  of
18        local  government, home rule unit, or school district, or
19        an officer or employee of any other governmental entity.
20        (8)  Food,  refreshments,  lodging,  transportation,  and
21    other benefits:
22             (i)  resulting  from   the   outside   business   or
23        employment activities (or outside activities that are not
24        connected to the duties of the member, officer, employee,
25        or judge, as an office holder or employee) of the member,
26        officer,  employee,  judge,  or the spouse of the member,
27        officer, employee, or judge, if  the  benefits  have  not
28        been offered or enhanced because of the official position
29        or  employment of the member, officer, employee, or judge
30        and  are  customarily  provided  to  others  in   similar
31        circumstances;
32             (ii)  customarily provided by a prospective employer
33        in connection with bona fide employment discussions; or
34             (iii)  provided   by  a  political  organization  in
 
                            -18-               LRB9102895MWpc
 1        connection with a fundraising or campaign event sponsored
 2        by that organization.
 3        (9)  Pension and other benefits resulting from  continued
 4    participation  in  an  employee  welfare  and  benefits  plan
 5    maintained by a former employer.
 6        (10)  Informational materials that are sent to the office
 7    of  the  member,  officer,  employee, or judge in the form of
 8    books,  articles,  periodicals,  other   written   materials,
 9    audiotapes, videotapes, or other forms of communication.
10        (11)  Awards  or  prizes that are given to competitors in
11    contests or events  open  to  the  public,  including  random
12    drawings.
13        (12)  Honorary  degrees  (and  associated  travel,  food,
14    refreshments,  and entertainment provided in the presentation
15    of degrees and awards).
16        (13)  Training (including food and refreshments furnished
17    to all  attendees  as  an  integral  part  of  the  training)
18    provided  to  a  member,  officer, employee, or judge, if the
19    training is in the interest of the governmental entity.
20        (14)  Educational  missions,  including   meetings   with
21    government  officials either foreign or domestic, intended to
22    educate public officials on  matters  of  public  policy,  to
23    which  the member, officer, employee, or judge may be invited
24    to participate along with  other  federal,  state,  or  local
25    public officials and community leaders.
26        (15)  Bequests,  inheritances,  and  other  transfers  at
27    death.
28        (16)  Anything   that   is   paid   for  by  the  federal
29    government, the State, or a governmental entity,  or  secured
30    by  the  government or governmental entity under a government
31    contract.
32        (17)  A gift of personal  hospitality  of  an  individual
33    other  than  a  registered  lobbyist  or  agent  of a foreign
34    principal, including hospitality extended for  a  nonbusiness
 
                            -19-               LRB9102895MWpc
 1    purpose  by an individual, not a corporation or organization,
 2    at  the  personal  residence  of  that  individual   or   the
 3    individual's  family  or  on  property or facilities owned by
 4    that individual or the individual's family.
 5        (18)  Free  attendance  at  a   widely   attended   event
 6    permitted under Section 20.
 7        (19)  Opportunities and benefits that are:
 8             (i)  available   to   the   public  or  to  a  class
 9        consisting  of  all  employees,  officers,  members,   or
10        judges,  whether  or  not  restricted  on  the  basis  of
11        geographic consideration;
12             (ii)  offered  to  members  of  a  group or class in
13        which membership is unrelated to employment  or  official
14        position;
15             (iii)  offered to members of an organization such as
16        an  employee's  association  or  credit  union,  in which
17        membership is related to employment or official  position
18        and similar opportunities are available to large segments
19        of the public through organizations of similar size;
20             (iv)  offered  to  any  group  or  class that is not
21        defined in a manner that specifically discriminates among
22        government employees on the basis of branch of government
23        or type of responsibility, or  on  a  basis  that  favors
24        those of higher rank or rate of pay;
25             (v)  in  the  form  of  loans  from  banks and other
26        financial institutions on terms  generally  available  to
27        the public; or
28             (vi)  in  the  form  of  reduced membership or other
29        fees for participation in organization activities offered
30        to all government employees by professional organizations
31        if  the  only  restrictions  on  membership   relate   to
32        professional qualifications.
33        (20)  A   plaque,   trophy,   or   other   item  that  is
34    substantially commemorative in nature and  that  is  extended
 
                            -20-               LRB9102895MWpc
 1    for presentation.
 2        (21)  Golf  or  tennis;  food  or refreshments of nominal
 3    value and catered food or refreshments;  meals  or  beverages
 4    consumed on the premises from which they were purchased.
 5        (22)  Donations of products from an Illinois company that
 6    are  intended  primarily  for  promotional  purposes, such as
 7    display or free distribution, and are of minimal value to any
 8    individual recipient.
 9        (23)  An item of nominal value such as a  greeting  card,
10    baseball cap, or T-shirt.
11    (Source: P.A. 90-737, eff. 1-1-99.)

12        (5 ILCS 425/83 rep.)
13        (5 ILCS 425/85 rep.)
14        Section  220.   The  State  Gift  Ban  Act  is amended by
15    repealing Sections 83 and 85.

16        Section 999.  Effective date.  This Act takes effect July
17    1, 1999, except that Sections 215,  220,  and  995  and  this
18    Section 999 take effect upon becoming law.

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