State of Illinois
Public Acts
92nd General Assembly

[ 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 ]