May 1999
In 1998, the Illinois General Assembly passed and then Governor Edgar signed into law the State Gift Ban Act (Public Act 90-737). The Act's primary purpose is to statutorily regulate the giving and receipt of gifts by individuals and entities to officials and employees of all governmental entities in Illinois. A gift is defined as "any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee, member, officer, or judge."
Whew! Is there anything left out of this definition? Not much—but wait, more to come. The Act goes on to define 23 (yes, 23) exceptions to this definition.
Here are a few samplers: (a) political or fundraising contributions, (b) gifts from relatives, (c) free attendance at widely attended events such as a conventions, conferences, dinners, etc., if the officer participates as a speaker or a panel participant or performs a ceremonial function appropriate to his/her official duties. Free attendance means the waiver of all or part of a conference fee, the provision of transportation or food, refreshments, and entertainment, furnished to all attendees as an integral part of the event. And, (d) food or refreshments consumed on the premises from which they were purchased (no takeouts or doggie bags allowed) and (e) golf or tennis outings. Apparently a state or local government official can accept free golfing dates from a prohibited source (i.e., someone trying to influence the official), but it is unclear whether or not an official can accept a free pass to watch golfing events such as the Master's Tournament or the PGA tour.
The loopholes here are probably enormous but no one knows for sure how big they are. The Illinois Municipal League has studied the Act, including other provisions dealing with implementation and enforcement, and advises local government officials "to consult your attorney when you consider the requirements of this Act."
A recent news story reports that most teenagers admit to lying, cheating, and stealing but also think it's important to be a person with "good character." Go figure! -- reported in USA Today, October 19, 1998, Section D:1.