[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0853
HB4680 Enrolled LRB9213122JMmb
AN ACT in relation to elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The State Gift Ban Act is amended by changing
Section 15 as follows:
(5 ILCS 425/15)
Sec. 15. Exceptions. The restriction in Section 10 does
not apply to the following:
(1) Anything for which the member, officer, employee, or
judge pays the market value or anything not used and promptly
disposed of as provided in Section 25.
(2) A contribution, as defined in Article 9 of the
Election Code that is lawfully made under that Act or
attendance at a fundraising event sponsored by a political
organization.
(3) A gift from a relative, meaning those people related
to the individual as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, and including the
father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(4) Anything provided by an individual on the basis of a
personal friendship unless the member, officer, employee, or
judge has reason to believe that, under the circumstances,
the gift was provided because of the official position or
employment of the member, officer, employee, or judge and not
because of the personal friendship.
In determining whether a gift is provided on the basis of
personal friendship, the member, officer, employee, or judge
shall consider the circumstances under which the gift was
offered, such as:
(i) the history of the relationship between the
individual giving the gift and the recipient of the gift,
including any previous exchange of gifts between those
individuals;
(ii) whether to the actual knowledge of the member,
officer, employee, or judge the individual who gave the
gift personally paid for the gift or sought a tax
deduction or business reimbursement for the gift; and
(iii) whether to the actual knowledge of the
member, officer, employee, or judge the individual who
gave the gift also at the same time gave the same or
similar gifts to other members, officers, employees, or
judges.
(5) A commercially reasonable loan evidenced in writing
with repayment due by a date certain made in the ordinary
course of the lender's business.
(6) A contribution or other payments to a legal defense
fund established for the benefit of a member, officer,
employee, or judge that is otherwise lawfully made.
(7) Intra-office and inter-office gifts. For the
purpose of this Act, "intra-office gifts" means:
(i) any gift given to a member or employee of the
legislative branch from another member or employee of the
legislative branch;
(ii) any gift given to a judge or employee of the
judicial branch from another judge or employee of the
judicial branch;
(iii) any gift given to an officer or employee of
the executive branch from another officer or employee of
the executive branch;
(iv) any gift given to an officer or employee of a
unit of local government, home rule unit, or school
district, from another employee of that unit of local
government, home rule unit, or school district;
(v) any gift given to an officer or employee of any
other governmental entity not included in item (i), (ii),
(iii), or (iv), from another employee of that
governmental entity; or
(vi) any gift given to a member or employee of the
legislative branch, a judge or employee of the judicial
branch, an officer or employee of the executive branch,
an officer or employee of a unit of local government,
home rule unit, or school district, or an officer or
employee of any other governmental entity not included in
item (i), (ii), (iii), or (iv) from a member or employee
of the legislative branch, a judge or employee of the
judicial branch, an officer or employee of the executive
branch, an officer or employee of a unit of local
government, home rule unit, or school district, or an
officer or employee of any other governmental entity.
(8) Food, refreshments, lodging, transportation, and
other benefits:
(i) resulting from the outside business or
employment activities (or outside activities that are not
connected to the duties of the member, officer, employee,
or judge, as an office holder or employee) of the member,
officer, employee, judge, or the spouse of the member,
officer, employee, or judge, if the benefits have not
been offered or enhanced because of the official position
or employment of the member, officer, employee, or judge
and are customarily provided to others in similar
circumstances;
(ii) customarily provided by a prospective employer
in connection with bona fide employment discussions; or
(iii) provided by a political organization in
connection with a fundraising or campaign event sponsored
by that organization.
(9) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(10) Informational materials that are sent to the office
of the member, officer, employee, or judge in the form of
books, articles, periodicals, other written materials,
audiotapes, videotapes, or other forms of communication.
(11) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(12) Honorary degrees (and associated travel, food,
refreshments, and entertainment provided in the presentation
of degrees and awards).
(13) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a member, officer, employee, or judge, if the
training is in the interest of the governmental entity.
(14) Educational missions, including meetings with
government officials either foreign or domestic, intended to
educate public officials on matters of public policy, to
which the member, officer, employee, or judge may be invited
to participate along with other federal, state, or local
public officials and community leaders.
(15) Bequests, inheritances, and other transfers at
death.
(16) Anything that is paid for by the federal
government, the State, or a governmental entity, or secured
by the government or governmental entity under a government
contract.
(17) A gift of personal hospitality of an individual
other than a registered lobbyist or agent of a foreign
principal, including hospitality extended for a nonbusiness
purpose by an individual, not a corporation or organization,
at the personal residence of that individual or the
individual's family or on property or facilities owned by
that individual or the individual's family.
(18) Free attendance at a widely attended event
permitted under Section 20.
(19) Opportunities and benefits that are:
(i) available to the public or to a class
consisting of all employees, officers, members, or
judges, whether or not restricted on the basis of
geographic consideration;
(ii) offered to members of a group or class in
which membership is unrelated to employment or official
position;
(iii) offered to members of an organization such as
an employee's association or credit union, in which
membership is related to employment or official position
and similar opportunities are available to large segments
of the public through organizations of similar size;
(iv) offered to any group or class that is not
defined in a manner that specifically discriminates among
government employees on the basis of branch of government
or type of responsibility, or on a basis that favors
those of higher rank or rate of pay;
(v) in the form of loans from banks and other
financial institutions on terms generally available to
the public; or
(vi) in the form of reduced membership or other
fees for participation in organization activities offered
to all government employees by professional organizations
if the only restrictions on membership relate to
professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and that is extended
for presentation.
(21) Golf or tennis; food or refreshments of nominal
value and catered food or refreshments; meals or beverages
consumed on the premises from which they were purchased.
(22) Donations of products from an Illinois company that
are intended primarily for promotional purposes, such as
display or free distribution, and are of minimal value to any
individual recipient.
(23) Any item or items from any one prohibited source
during any calendar year having a cumulative total value of
less than $100. An item of nominal value such as a greeting
card, baseball cap, or T-shirt.
(Source: P.A. 90-737, eff. 1-1-99.)
Section 5. The Election Code is amended by adding
Section 9-25.2 as follows:
(10 ILCS 5/9-25.2 new)
Sec. 9-25.2. Contributions; candidate or treasurer of
political committee.
(a) No candidate may knowingly receive any contribution
solicited or received in violation of Section 33-3.1 or
Section 33-3.2 of the Criminal Code of 1961.
(b) The receipt of political contributions in violation
of this Section shall constitute a Class A misdemeanor.
The appropriate State's Attorney or the Attorney General
shall bring actions in the name of the people of the State of
Illinois.
Section 10. The Criminal Code of 1961 is amended by
adding Sections 33-3.1 and 33-3.2 as follows:
(720 ILCS 5/33-3.1 new)
Sec. 33-3.1. Solicitation misconduct (State government).
(a) An employee of an executive branch constitutional
officer commits solicitation misconduct (State government)
when, at any time, he or she knowingly solicits or receives
contributions, as that term is defined in Section 9-1.4 of
the Election Code, from a person engaged in a business or
activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of an
executive branch constitutional officer" means a full-time or
part-time salaried employee, full-time or part-time salaried
appointee, or any contractual employee of any office, board,
commission, agency, department, authority, administrative
unit, or corporate outgrowth under the jurisdiction of an
executive branch constitutional officer; and "regulatory
authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to
the requirements of any State or federal statute or
regulation relating to the business or activity.
(c) An employee of an executive branch constitutional
officer, including one who does not have regulatory
authority, commits a violation of this Section if that
employee knowingly acts in concert with an employee of an
executive branch constitutional officer who does have
regulatory authority to solicit or receive contributions in
violation of this Section.
(d) Solicitation misconduct (State government) is a
Class A misdemeanor. An employee of an executive branch
constitutional officer convicted of committing solicitation
misconduct (State government) forfeits his or her employment.
(e) An employee of an executive branch constitutional
officer who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts
done by the employee or on behalf of the employee or others
in furtherance of the enforcement of this Section shall be
entitled to all relief necessary to make the employee whole.
(f) Any person who knowingly makes a false report of
solicitation misconduct (State government) to the State
Police, the Attorney General, a State's Attorney, or any law
enforcement official is guilty of a Class C misdemeanor.
(720 ILCS 5/33-3.2 new)
Sec. 33-3.2. Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local
government commits solicitation misconduct (local government)
when, at any time, he or she knowingly solicits or receives
contributions, as that term is defined in Section 9-1.4 of
the Election Code, from a person engaged in a business or
activity over which the person has regulatory authority.
(b) For the purpose of this Section, "chief executive
officer of a local government" means an executive officer of
a county, township or municipal government or any
administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited
to: chairman or president of a county board or commission,
mayor or village president, township supervisor, county
executive, municipal manager, assessor, auditor, clerk,
coroner, recorder, sheriff or State's Attorney; "employee of
a chief executive officer of a local government" means a
full-time or part-time salaried employee, full-time or
part-time salaried appointee, or any contractual employee of
any office, board, commission, agency, department, authority,
administrative unit, or corporate outgrowth under the
jurisdiction of a chief executive officer of a local
government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce
regulatory measures necessary to the requirements of any
State, local, or federal statute or regulation relating to
the business or activity.
(c) An employee of a chief executive officer of a local
government, including one who does not have regulatory
authority, commits a violation of this Section if that
employee knowingly acts in concert with an employee of a
chief executive officer of a local government who does have
regulatory authority to solicit or receive contributions in
violation of this Section.
(d) Solicitation misconduct (local government) is a
Class A misdemeanor. An employee of a chief executive
officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or
her employment.
(e) An employee of a chief executive officer of a local
government who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts
done by the employee or on behalf of the employee or others
in furtherance of the enforcement of this Section shall be
entitled to all relief necessary to make the employee whole.
(f) Any person who knowingly makes a false report of
solicitation misconduct (local government) to the State
Police, the Attorney General, a State's Attorney, or any law
enforcement official is guilty of a Class C misdemeanor.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 02, 2002.
Approved August 28, 2002.
Effective August 28, 2002.
[ Top ]