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State Law Changes: Illinois Amends Gift Ban & Campaign Finance Laws

September 2002

In the wake of an Illinois Supreme Court ruling reviving the once unconstitutional Illinois gift laws, the Illinois legislature recently enacted amendments to its State Gift Ban Act as well as to its campaign finance laws.

In Public Act No. 92-0853, signed by the governor on August 28, 2002, the legislature amended the exceptions to its gift ban. The legislature excepted "[a]ny item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100." 5 Ill. Comp. Stat. Ann. 425/15(23). This exception replaced a previous exception applying to "[a]n item of nominal value such as a greeting card, baseball cap, or T-shirt."

In the same Public Act the legislature also amended the state's campaign finance laws. Succinctly, the new law prohibits state executive branch and certain local employees from soliciting or receiving contributions from individuals and companies engaged in a business or activity over which the employee has regulatory authority such as licensing, inspection, or inspection authority.See 10 Ill. Comp. Stat. Ann. 5/9-25.2; 720 Ill. Comp. Stat. Ann. 5/33-3.1 and 5/33-3/2.

All of the above changes were effective on August 28, 2002.

For more information on this statutory change or other state gift provisions or campaign finance rules, please contact Carol Laham (202.719.7301 or ).