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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB4680enr HB4680 Enrolled LRB9213122JMmb 1 AN ACT in relation to elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. 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. HB4680 Enrolled -2- LRB9213122JMmb 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; HB4680 Enrolled -3- LRB9213122JMmb 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 HB4680 Enrolled -4- LRB9213122JMmb 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 HB4680 Enrolled -5- LRB9213122JMmb 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 HB4680 Enrolled -6- LRB9213122JMmb 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.An item of nominal value such as a greeting13card, baseball cap, or T-shirt.14 (Source: P.A. 90-737, eff. 1-1-99.) 15 Section 5. The Election Code is amended by adding 16 Section 9-25.2 as follows: 17 (10 ILCS 5/9-25.2 new) 18 Sec. 9-25.2. Contributions; candidate or treasurer of 19 political committee. 20 (a) No candidate may knowingly receive any contribution 21 solicited or received in violation of Section 33-3.1 or 22 Section 33-3.2 of the Criminal Code of 1961. 23 (b) The receipt of political contributions in violation 24 of this Section shall constitute a Class A misdemeanor. 25 The appropriate State's Attorney or the Attorney General 26 shall bring actions in the name of the people of the State of 27 Illinois. 28 Section 10. The Criminal Code of 1961 is amended by 29 adding Sections 33-3.1 and 33-3.2 as follows: 30 (720 ILCS 5/33-3.1 new) HB4680 Enrolled -7- LRB9213122JMmb 1 Sec. 33-3.1. Solicitation misconduct (State government). 2 (a) An employee of an executive branch constitutional 3 officer commits solicitation misconduct (State government) 4 when, at any time, he or she knowingly solicits or receives 5 contributions, as that term is defined in Section 9-1.4 of 6 the Election Code, from a person engaged in a business or 7 activity over which the person has regulatory authority. 8 (b) For the purpose of this Section, "employee of an 9 executive branch constitutional officer" means a full-time or 10 part-time salaried employee, full-time or part-time salaried 11 appointee, or any contractual employee of any office, board, 12 commission, agency, department, authority, administrative 13 unit, or corporate outgrowth under the jurisdiction of an 14 executive branch constitutional officer; and "regulatory 15 authority" means having the responsibility to investigate, 16 inspect, license, or enforce regulatory measures necessary to 17 the requirements of any State or federal statute or 18 regulation relating to the business or activity. 19 (c) An employee of an executive branch constitutional 20 officer, including one who does not have regulatory 21 authority, commits a violation of this Section if that 22 employee knowingly acts in concert with an employee of an 23 executive branch constitutional officer who does have 24 regulatory authority to solicit or receive contributions in 25 violation of this Section. 26 (d) Solicitation misconduct (State government) is a 27 Class A misdemeanor. An employee of an executive branch 28 constitutional officer convicted of committing solicitation 29 misconduct (State government) forfeits his or her employment. 30 (e) An employee of an executive branch constitutional 31 officer who is discharged, demoted, suspended, threatened, 32 harassed, or in any other manner discriminated against in the 33 terms and conditions of employment because of lawful acts 34 done by the employee or on behalf of the employee or others HB4680 Enrolled -8- LRB9213122JMmb 1 in furtherance of the enforcement of this Section shall be 2 entitled to all relief necessary to make the employee whole. 3 (f) Any person who knowingly makes a false report of 4 solicitation misconduct (State government) to the State 5 Police, the Attorney General, a State's Attorney, or any law 6 enforcement official is guilty of a Class C misdemeanor. 7 (720 ILCS 5/33-3.2 new) 8 Sec. 33-3.2. Solicitation misconduct (local government). 9 (a) An employee of a chief executive officer of a local 10 government commits solicitation misconduct (local government) 11 when, at any time, he or she knowingly solicits or receives 12 contributions, as that term is defined in Section 9-1.4 of 13 the Election Code, from a person engaged in a business or 14 activity over which the person has regulatory authority. 15 (b) For the purpose of this Section, "chief executive 16 officer of a local government" means an executive officer of 17 a county, township or municipal government or any 18 administrative subdivision under jurisdiction of the county, 19 township, or municipal government including but not limited 20 to: chairman or president of a county board or commission, 21 mayor or village president, township supervisor, county 22 executive, municipal manager, assessor, auditor, clerk, 23 coroner, recorder, sheriff or State's Attorney; "employee of 24 a chief executive officer of a local government" means a 25 full-time or part-time salaried employee, full-time or 26 part-time salaried appointee, or any contractual employee of 27 any office, board, commission, agency, department, authority, 28 administrative unit, or corporate outgrowth under the 29 jurisdiction of a chief executive officer of a local 30 government; and "regulatory authority" means having the 31 responsibility to investigate, inspect, license, or enforce 32 regulatory measures necessary to the requirements of any 33 State, local, or federal statute or regulation relating to HB4680 Enrolled -9- LRB9213122JMmb 1 the business or activity. 2 (c) An employee of a chief executive officer of a local 3 government, including one who does not have regulatory 4 authority, commits a violation of this Section if that 5 employee knowingly acts in concert with an employee of a 6 chief executive officer of a local government who does have 7 regulatory authority to solicit or receive contributions in 8 violation of this Section. 9 (d) Solicitation misconduct (local government) is a 10 Class A misdemeanor. An employee of a chief executive 11 officer of a local government convicted of committing 12 solicitation misconduct (local government) forfeits his or 13 her employment. 14 (e) An employee of a chief executive officer of a local 15 government who is discharged, demoted, suspended, threatened, 16 harassed, or in any other manner discriminated against in the 17 terms and conditions of employment because of lawful acts 18 done by the employee or on behalf of the employee or others 19 in furtherance of the enforcement of this Section shall be 20 entitled to all relief necessary to make the employee whole. 21 (f) Any person who knowingly makes a false report of 22 solicitation misconduct (local government) to the State 23 Police, the Attorney General, a State's Attorney, or any law 24 enforcement official is guilty of a Class C misdemeanor. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.