093_SB1052

 
                                     LRB093 07161 JAM 07316 b

 1        AN ACT concerning ethics.

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

 4        Section 5.  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.
13        (24)  Honoraria, if the entity paying the  honorarium  is
14    not a registered lobbyist.
15    (Source: P.A. 92-853, eff. 8-28-02.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.