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91_HB1464
LRB9102895MWpc
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
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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
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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
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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
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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
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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.