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| [ Introduced ] | [ House Amendment 002 ] |
92_HB0400eng HB0400 Engrossed LRB9200967MWpk 1 AN ACT relating to political solicitations and 2 contributions, amending certain Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by adding 6 Section 9-25.2 as follows: 7 (10 ILCS 5/9-25.2 new) 8 Sec. 9-25.2. Contributions; candidate or treasurer of 9 political committee. 10 (a) No candidate may knowingly receive any contribution 11 solicited or received in violation of Section 33-3.1 of the 12 Criminal Code of 1961. 13 (b) The receipt of political contributions in violation 14 of this Section shall constitute a Class A misdemeanor. 15 The appropriate State's Attorney or the Attorney General 16 shall bring actions in the name of the people of the State of 17 Illinois. 18 (c) Any contribution solicited in violation of Section 19 33-3.1 of the Criminal Code of 1961 shall escheat to the 20 State of Illinois. Any candidate or political committee that 21 receives a contribution prohibited by this Section shall 22 forward it immediately to the State Treasurer. 23 Section 10. The Criminal Code of 1961 is amended by 24 adding Section 33-3.1 as follows: 25 (720 ILCS 5/33-3.1 new) 26 Sec. 33-3.1. Solicitation misconduct. 27 (a) A public employee commits solicitation misconduct 28 when he or she solicits or receives contributions, as that 29 term is defined in Section 9-1.4 of the Election Code, from a HB0400 Engrossed -2- LRB9200967MWpk 1 person engaged in a business or activity over which the 2 public employee has the responsibility to investigate or 3 inspect, and enforce, regulatory measures necessary to the 4 requirements of any State or federal statute or regulation 5 relating to the business or activity. 6 (b) A public employee convicted of committing 7 solicitation misconduct forfeits his or her employment. In 8 addition, he or she commits a Class A misdemeanor. 9 (c) All State agencies, as that term is defined in the 10 Illinois State Auditing Act, shall designate by filing a list 11 with the Secretary of State indicating the names and titles 12 of the public employees whose duties include investigating or 13 inspecting, and enforcing, regulatory measures necessary to 14 the requirements of any State or federal statute or 15 regulation. A public employee, including those not 16 designated under this Section, may be found in violation of 17 this Section upon a showing that he or she acted in concert 18 with a public employee whose duty includes investigating or 19 inspecting, and enforcing, regulatory measures necessary to 20 the requirements of a State or federal statute or regulation 21 to solicit or receive contributions in violation of this 22 Section. Designation under this Section does not constitute 23 a presumption that an employee not so designated is outside 24 the scope of this Section. 25 (d) An employee of a State agency who is discharged, 26 demoted, suspended, threatened, harassed, or in any other 27 manner discriminated against in the terms and conditions of 28 employment by a State agency because of lawful acts done by 29 the employee or on behalf of the employee or others in 30 furtherance of the enforcement of this Section shall be 31 entitled to all relief necessary to make the employee whole. 32 The employee's relief shall include reinstatement with the 33 seniority status the employee would have had but for the 34 discrimination, 2 times the amount of the employee's back HB0400 Engrossed -3- LRB9200967MWpk 1 pay, interest on the back pay, and compensation for any 2 special damages sustained as a result of the discrimination, 3 including litigation costs and reasonable attorney's fees. 4 An employee may bring an action for relief under this 5 subsection (d) in the appropriate circuit court. 6 (e) The Department of State Police shall establish a 7 toll-free number to allow employees of State agencies and 8 other individuals and businesses to register complaints 9 regarding possible violations of this Section. All 10 information provided to the State Police regarding possible 11 violations of this Section shall remain confidential. 12 (f) Any person who knowingly makes a false report of 13 solicitation misconduct to the State Police, the Attorney 14 General, a State's Attorney, or any law enforcement official 15 shall be guilty of a Class C misdemeanor. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.