State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_HB4680enr

 
HB4680 Enrolled                                LRB9213122JMmb

 1        AN ACT in relation to elections.

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

 4        Section 3.  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. An item of nominal value such as  a  greeting
13    card, baseball cap, or T-shirt.
14    (Source: P.A. 90-737, eff. 1-1-99.)

15        Section  5.  The  Election  Code  is  amended  by  adding
16    Section 9-25.2 as follows:

17        (10 ILCS 5/9-25.2 new)
18        Sec.  9-25.2.  Contributions;  candidate  or treasurer of
19    political committee.
20        (a)  No candidate may knowingly receive any  contribution
21    solicited  or  received  in  violation  of  Section 33-3.1 or
22    Section 33-3.2 of the Criminal Code of 1961.
23        (b)  The receipt of political contributions in  violation
24    of this Section shall constitute a Class A misdemeanor.
25        The  appropriate State's Attorney or the Attorney General
26    shall bring actions in the name of the people of the State of
27    Illinois.

28        Section 10.  The Criminal Code  of  1961  is  amended  by
29    adding Sections 33-3.1 and 33-3.2 as follows:

30        (720 ILCS 5/33-3.1 new)
 
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 1        Sec. 33-3.1.  Solicitation misconduct (State government).
 2        (a)  An  employee  of  an executive branch constitutional
 3    officer commits solicitation  misconduct  (State  government)
 4    when,  at  any time, he or she knowingly solicits or receives
 5    contributions, as that term is defined in  Section  9-1.4  of
 6    the  Election  Code,  from  a person engaged in a business or
 7    activity over which the person has regulatory authority.
 8        (b)  For the purpose of this  Section,  "employee  of  an
 9    executive branch constitutional officer" means a full-time or
10    part-time  salaried employee, full-time or part-time salaried
11    appointee, or any contractual employee of any office,  board,
12    commission,  agency,  department,  authority,  administrative
13    unit,  or  corporate  outgrowth  under the jurisdiction of an
14    executive  branch  constitutional  officer;  and  "regulatory
15    authority" means having the  responsibility  to  investigate,
16    inspect, license, or enforce regulatory measures necessary to
17    the   requirements   of  any  State  or  federal  statute  or
18    regulation relating to the business or activity.
19        (c)  An employee of an  executive  branch  constitutional
20    officer,   including   one   who  does  not  have  regulatory
21    authority, commits  a  violation  of  this  Section  if  that
22    employee  knowingly  acts  in  concert with an employee of an
23    executive  branch  constitutional  officer  who   does   have
24    regulatory  authority  to solicit or receive contributions in
25    violation of this Section.
26        (d)  Solicitation  misconduct  (State  government)  is  a
27    Class A misdemeanor.  An  employee  of  an  executive  branch
28    constitutional  officer  convicted of committing solicitation
29    misconduct (State government) forfeits his or her employment.
30        (e)  An employee of an  executive  branch  constitutional
31    officer  who  is  discharged, demoted, suspended, threatened,
32    harassed, or in any other manner discriminated against in the
33    terms and conditions of employment  because  of  lawful  acts
34    done  by  the employee or on behalf of the employee or others
 
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 1    in furtherance of the enforcement of this  Section  shall  be
 2    entitled to all relief necessary to make the employee whole.
 3        (f)  Any  person  who  knowingly  makes a false report of
 4    solicitation  misconduct  (State  government)  to  the  State
 5    Police, the Attorney General, a State's Attorney, or any  law
 6    enforcement official is guilty of a Class C misdemeanor.

 7        (720 ILCS 5/33-3.2 new)
 8        Sec. 33-3.2.  Solicitation misconduct (local government).
 9        (a)  An  employee of a chief executive officer of a local
10    government commits solicitation misconduct (local government)
11    when, at any time, he or she knowingly solicits  or  receives
12    contributions,  as  that  term is defined in Section 9-1.4 of
13    the Election Code, from a person engaged  in  a  business  or
14    activity over which the person has regulatory authority.
15        (b)  For  the  purpose  of this Section, "chief executive
16    officer of a local government" means an executive officer  of
17    a   county,   township   or   municipal   government  or  any
18    administrative subdivision under jurisdiction of the  county,
19    township,  or  municipal government including but not limited
20    to:  chairman or president of a county board  or  commission,
21    mayor  or  village  president,  township  supervisor,  county
22    executive,   municipal  manager,  assessor,  auditor,  clerk,
23    coroner, recorder, sheriff or State's Attorney; "employee  of
24    a  chief  executive  officer  of  a local government" means a
25    full-time  or  part-time  salaried  employee,  full-time   or
26    part-time  salaried appointee, or any contractual employee of
27    any office, board, commission, agency, department, authority,
28    administrative  unit,  or  corporate  outgrowth   under   the
29    jurisdiction   of  a  chief  executive  officer  of  a  local
30    government;  and  "regulatory  authority"  means  having  the
31    responsibility to investigate, inspect, license,  or  enforce
32    regulatory  measures  necessary  to  the  requirements of any
33    State, local, or federal statute or  regulation  relating  to
 
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 1    the business or activity.
 2        (c)  An  employee of a chief executive officer of a local
 3    government,  including  one  who  does  not  have  regulatory
 4    authority, commits  a  violation  of  this  Section  if  that
 5    employee  knowingly  acts  in  concert  with an employee of a
 6    chief executive officer of a local government who  does  have
 7    regulatory  authority  to solicit or receive contributions in
 8    violation of this Section.
 9        (d)  Solicitation  misconduct  (local  government)  is  a
10    Class A  misdemeanor.   An  employee  of  a  chief  executive
11    officer   of  a  local  government  convicted  of  committing
12    solicitation misconduct (local government)  forfeits  his  or
13    her employment.
14        (e)  An  employee of a chief executive officer of a local
15    government who is discharged, demoted, suspended, threatened,
16    harassed, or in any other manner discriminated against in the
17    terms and conditions of employment  because  of  lawful  acts
18    done  by  the employee or on behalf of the employee or others
19    in furtherance of the enforcement of this  Section  shall  be
20    entitled to all relief necessary to make the employee whole.
21        (f)  Any  person  who  knowingly  makes a false report of
22    solicitation  misconduct  (local  government)  to  the  State
23    Police, the Attorney General, a State's Attorney, or any  law
24    enforcement official is guilty of a Class C misdemeanor.

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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