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|[ Engrossed ]||[ House Amendment 001 ]|
91_HB0530 LRB9100323DHmgA 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 or treasurer of a political committee 11 may knowingly receive and hold on behalf of the candidate or 12 the political committee any contribution solicited or 13 received in violation of Section 33-3.1 of the Criminal Code 14 of 1961. 15 (b) The receipt and holding of political contributions 16 in violation of this Section shall constitute a Class A 17 misdemeanor. 18 The appropriate State's Attorney or the Attorney General 19 shall bring actions in the name of the people of the State of 20 Illinois. 21 (c) Any contribution solicited in violation of Section 22 33-3.1 of the Criminal Code of 1961 shall escheat to the 23 State of Illinois. Any candidate or political committee that 24 receives a contribution prohibited by this Section shall 25 forward it immediately to the State Treasurer. 26 Section 10. The Criminal Code of 1961 is amended by 27 adding Section 33-3.1 as follows: 28 (720 ILCS 5/33-3.1 new) 29 Sec. 33-3.1. Inspector Campaign Contribution -2- LRB9100323DHmgA 1 Solicitation Ban; solicitation misconduct. 2 (a) A public officer or employee commits solicitation 3 misconduct when he or she solicits or receives contributions, 4 as that term is defined in Section 9-1.4 of the Election 5 Code, on behalf of a candidate or political committee from a 6 person engaged in a business or activity the public officer 7 or employee has responsibility as part of his or her official 8 duties to investigate, inspect, or enforce regulatory 9 measures necessary to the requirements of a State or federal 10 statute or regulation. 11 (b) A public officer or employee convicted of committing 12 solicitation misconduct forfeits his or her office or 13 employment. In addition, he or she commits a Class A 14 misdemeanor. 15 (c) All State agencies, as that term is defined in the 16 Illinois State Auditing Act, shall designate by filing a list 17 with the Secretary of State indicating the names and titles 18 of the public officers and employees whose duties include 19 investigating, inspecting, or enforcing regulatory measures 20 necessary to the requirements of any State or federal statute 21 or regulation. A public officer or employee, including those 22 not designated under this Section, may be found in violation 23 of this Section upon a showing that he or she acted in 24 concert with a public officer or employee whose duty includes 25 investigating, inspecting, or enforcing regulatory measures 26 necessary to the requirements of a State or federal statute 27 or regulation to solicit or receive contributions in 28 violation of this Section. Designation under this Section 29 does not constitute a presumption that an employee not so 30 designated is outside the scope of this Section. 31 (d) An employee of a State agency who is discharged, 32 demoted, suspended, threatened, harassed, or in any other 33 manner discriminated against in the terms and conditions of 34 employment by a State agency because of lawful acts done by -3- LRB9100323DHmgA 1 the employee or on behalf of the employee or others in 2 furtherance of the enforcement of this Section shall be 3 entitled to all relief necessary to make the employee whole. 4 The employee's relief shall include reinstatement with the 5 seniority status the employee would have had but for the 6 discrimination, 2 times the amount of the employee's back 7 pay, interest on the back pay, and compensation for any 8 special damages sustained as a result of the discrimination, 9 including litigation costs and reasonable attorney's fees. 10 An employee may bring an action for relief under this 11 subsection (d) in the appropriate circuit court. 12 (e) The Department of State Police shall establish a 13 toll-free number to allow employees of State agencies and 14 other individuals and businesses to register complaints 15 regarding possible violations of this Section. All 16 information provided to the State Police regarding possible 17 violations of this Section shall remain confidential. 18 (f) Any person who knowingly makes a false report of 19 solicitation misconduct to the State Police, the Attorney 20 General, a State's Attorney, or any law enforcement official 21 shall be guilty of a Class C misdemeanor. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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