State of Illinois
92nd General Assembly

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 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 may knowingly receive any contribution
11    solicited or received in violation of Section 33-3.1  of  the
12    Criminal Code of 1961.
13        (b)  The  receipt of political contributions in violation
14    of this Section shall constitute a Class A misdemeanor.
15        The appropriate State's Attorney or the Attorney  General
16    shall bring actions in the name of the people of the State of
17    Illinois.
18        (c)  Any  contribution  solicited in violation of Section
19    33-3.1 of the Criminal Code of  1961  shall  escheat  to  the
20    State of Illinois.  Any candidate or political committee that
21    receives  a  contribution  prohibited  by  this Section shall
22    forward it immediately to the State Treasurer.

23        Section 10.  The Criminal Code  of  1961  is  amended  by
24    adding Section 33-3.1 as follows:

25        (720 ILCS 5/33-3.1 new)
26        Sec. 33-3.1.  Solicitation misconduct.
27        (a)  A  public  employee  commits solicitation misconduct
28    when he or she solicits or receives  contributions,  as  that
29    term  is  defined  in  Section 9-1.4 of the Election Code, on
                            -2-               SRS92SB0029SFap
 1    behalf of a candidate or political committee  from  a  person
 2    engaged  in  a  business  or activity the public employee has
 3    responsibility as part of  his  or  her  official  duties  to
 4    investigate  or  inspect,  and  enforce,  regulatory measures
 5    necessary to the requirements of a State or  federal  statute
 6    or regulation.
 7        (b)   A   public   employee   convicted   of   committing
 8    solicitation  misconduct  forfeits  his or her employment. In
 9    addition, he or she commits a Class A misdemeanor.
10        (c)  All State agencies, as that term is defined  in  the
11    Illinois State Auditing Act, shall designate by filing a list
12    with  the  Secretary of State indicating the names and titles
13    of the public employees whose duties include investigating or
14    inspecting, and enforcing, regulatory measures  necessary  to
15    the   requirements   of  any  State  or  federal  statute  or
16    regulation.   A  public   employee,   including   those   not
17    designated  under  this Section, may be found in violation of
18    this Section upon a showing that he or she acted  in  concert
19    with  a  public employee whose duty includes investigating or
20    inspecting, and enforcing, regulatory measures  necessary  to
21    the  requirements of a State or federal statute or regulation
22    to solicit or receive  contributions  in  violation  of  this
23    Section.   Designation under this Section does not constitute
24    a presumption that an employee not so designated  is  outside
25    the scope of this Section.
26        (d)  An  employee  of  a  State agency who is discharged,
27    demoted, suspended, threatened, harassed,  or  in  any  other
28    manner  discriminated  against in the terms and conditions of
29    employment by a State agency because of lawful acts  done  by
30    the  employee  or  on  behalf  of  the  employee or others in
31    furtherance of the  enforcement  of  this  Section  shall  be
32    entitled  to all relief necessary to make the employee whole.
33    The employee's relief shall include  reinstatement  with  the
34    seniority  status  the  employee  would  have had but for the
                            -3-               SRS92SB0029SFap
 1    discrimination, 2 times the amount  of  the  employee's  back
 2    pay,  interest  on  the  back  pay,  and compensation for any
 3    special damages sustained as a result of the  discrimination,
 4    including  litigation  costs  and reasonable attorney's fees.
 5    An employee  may  bring  an  action  for  relief  under  this
 6    subsection (d) in the appropriate circuit court.
 7        (e)  The  Department  of  State  Police shall establish a
 8    toll-free number to allow employees  of  State  agencies  and
 9    other  individuals  and  businesses  to  register  complaints
10    regarding   possible   violations   of   this  Section.   All
11    information provided to the State Police  regarding  possible
12    violations of this Section shall remain confidential.
13        (f)  Any  person  who  knowingly  makes a false report of
14    solicitation misconduct to the  State  Police,  the  Attorney
15    General,  a State's Attorney, or any law enforcement official
16    shall be guilty of a Class C misdemeanor.

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

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