State of Illinois
91st General Assembly
Legislation

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91_SB0984

 
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 1        AN ACT to amend the State  Employees  Political  Activity
 2    Act  by  changing  Sections  1,  2,  3,  and  4 and by adding
 3    Sections 2.5 and 5.

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

 6        Section 5.  The State Employees Political Activity Act is
 7    amended  by  changing  Sections  1, 2, 3, and 4 and by adding
 8    Sections 2.5 and 5 as follows:

 9        (5 ILCS 320/1) (from Ch. 24 1/2, par. 38s)
10        Sec. 1. Application of act. Except as otherwise  provided
11    in  this  Section, this Act applies to all State employees of
12    the legislative, executive, and judicial  branches  of  State
13    government.
14        Sections  2  and  3  of  this Act shall apply only to all
15    employees of the State whose employment or tenure is  subject
16    to  recognized  merit principles of public employment, and to
17    all employees whose salaries are paid in whole or in part  by
18    federal  funds  and  the employment of whom is subject to the
19    Federal  Standards  for   a   Merit   System   of   Personnel
20    Administration applicable to grant-in-aid programs.
21    (Source: P.A. 81-836.)

22        (5 ILCS 320/2) (from Ch. 24 1/2, par. 38t)
23        Sec.  2.  Prohibited  political  activity.  Any  employee
24    subject  to this Act may be discharged in accordance with the
25    discharge procedures controlling  his  or  her  position  for
26    participation  during  regular  working  hours  in any of the
27    following acts:
28        (a)  Participating in the organization of  any  political
29    meeting.
30        (b)  Soliciting  money  from any person for any political
 
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 1    purpose.
 2        (c)  Selling  or  distributing  tickets   for   political
 3    meetings.
 4        (d)  Assisting  at  the  polls  in behalf of any party or
 5    party-designated candidate on any election day.
 6        (e)  Using  or  threatening  to  use  the  influence   or
 7    authority of his position to coerce or to persuade any person
 8    to follow any course of political action.
 9        (f)  Initiating or circulating any petitions on behalf of
10    a candidate or in support of a political issue.
11        (g)  Making  contributions  of  money  in  behalf  of any
12    candidate for office or of any public or political issue.
13        (h)  Distributing  campaign  literature  or  material  in
14    behalf of any candidate.
15        This  Act  shall  not  be  deemed  to  authorize  conduct
16    prohibited by the Federal Hatch Act by employees  subject  to
17    said Act.
18    (Source: P.A. 81-836.)

19        (5 ILCS 320/2.5 new)
20        Sec.  2.5.   Prohibited  solicitations and contributions.
21    No employee may solicit contributions for or on behalf of any
22    person for whom  that  employee  works  or  on  behalf  of  a
23    political committee of a person for whom that employee works.
24    No  employee  may make any contribution, whether solicited or
25    unsolicited, to a person for whom that employee works or to a
26    political committee of a person for whom that employee works.
27        For the purposes of this  Section,  "contribution"  means
28    the same as in Section 9- 1.4 of the Election Code.

29        (5 ILCS 320/3) (from Ch. 24 1/2, par. 38u)
30        Sec.    3.   Membership   not   to   affect   employment;
31    contributions not a  condition  of  employment.  No  employee
32    hereunder  shall  be  denied or deprived of employment solely
 
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 1    because he or she is a member or an officer  of  a  political
 2    committee,   of   a   political  party,  or  of  a  political
 3    organization or club; nor shall he or she be  required  as  a
 4    condition  of his or her employment or tenure to work or make
 5    contributions  in  behalf  of  any  political  party  or  any
 6    candidate for political office.
 7    (Source: Laws 1957, p. 1868.)

 8        (5 ILCS 320/4) (from Ch. 24 1/2, par. 38v)
 9        Sec. 4. Inducement of employee to violate Act prohibited.
10     No person shall coerce,  induce,  persuade,  or  attempt  to
11    coerce,  induce,  or  persuade any employee to violate any of
12    the provisions of this Act.
13    (Source: Laws 1957, p. 1868.)

14        (5 ILCS 320/5 new)
15        Sec. 5. Violations.  Any person  having  knowledge  of  a
16    violation  of  this  Act must report the violation to (i) the
17    Director or head of the agency of the employee  who  violates
18    this  Act  and (ii) the Division of Internal Investigation of
19    the Department of State Police.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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