HB4713 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4713

 

Introduced 2/3/2012, by Rep. Pam Roth

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-45

    Amends the State Officials and Employees Ethics Act. Provides that a former member, or a spouse or immediate family member living with that member, shall not, within a period of 2 years immediately after termination of the former member's most recent term of office, accept employment or receive compensation or fees for services as an employee of an executive branch constitutional officer. Defines "employee of an executive branch constitutional officer". Effective immediately.


LRB097 14540 JDS 59395 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4713LRB097 14540 JDS 59395 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 430/5-45)
7    Sec. 5-45. Procurement; revolving door prohibition.
8    (a) No former officer, member, or State employee, or spouse
9or immediate family member living with such person, shall,
10within a period of one year immediately after termination of
11State employment, knowingly accept employment or receive
12compensation or fees for services from a person or entity if
13the officer, member, or State employee, during the year
14immediately preceding termination of State employment,
15participated personally and substantially in the award of State
16contracts, or the issuance of State contract change orders,
17with a cumulative value of $25,000 or more to the person or
18entity, or its parent or subsidiary.
19    (b) No former officer of the executive branch or State
20employee of the executive branch with regulatory or licensing
21authority, or spouse or immediate family member living with
22such person, shall, within a period of one year immediately
23after termination of State employment, knowingly accept

 

 

HB4713- 2 -LRB097 14540 JDS 59395 b

1employment or receive compensation or fees for services from a
2person or entity if the officer or State employee, during the
3year immediately preceding termination of State employment,
4participated personally and substantially in making a
5regulatory or licensing decision that directly applied to the
6person or entity, or its parent or subsidiary.
7    (c) Within 6 months after the effective date of this
8amendatory Act of the 96th General Assembly, each executive
9branch constitutional officer and legislative leader, the
10Auditor General, and the Joint Committee on Legislative Support
11Services shall adopt a policy delineating which State positions
12under his or her jurisdiction and control, by the nature of
13their duties, may have the authority to participate personally
14and substantially in the award of State contracts or in
15regulatory or licensing decisions. The Governor shall adopt
16such a policy for all State employees of the executive branch
17not under the jurisdiction and control of any other executive
18branch constitutional officer.
19    The policies required under subsection (c) of this Section
20shall be filed with the appropriate ethics commission
21established under this Act or, for the Auditor General, with
22the Office of the Auditor General.
23    (d) Each Inspector General shall have the authority to
24determine that additional State positions under his or her
25jurisdiction, not otherwise subject to the policies required by
26subsection (c) of this Section, are nonetheless subject to the

 

 

HB4713- 3 -LRB097 14540 JDS 59395 b

1notification requirement of subsection (f) below due to their
2involvement in the award of State contracts or in regulatory or
3licensing decisions.
4    (e) The Joint Committee on Legislative Support Services,
5the Auditor General, and each of the executive branch
6constitutional officers and legislative leaders subject to
7subsection (c) of this Section shall provide written
8notification to all employees in positions subject to the
9policies required by subsection (c) or a determination made
10under subsection (d): (1) upon hiring, promotion, or transfer
11into the relevant position; and (2) at the time the employee's
12duties are changed in such a way as to qualify that employee.
13An employee receiving notification must certify in writing that
14the person was advised of the prohibition and the requirement
15to notify the appropriate Inspector General in subsection (f).
16    (f) Any State employee in a position subject to the
17policies required by subsection (c) or to a determination under
18subsection (d), but who does not fall within the prohibition of
19subsection (h) or (i) below, who is offered non-State
20employment during State employment or within a period of one
21year immediately after termination of State employment shall,
22prior to accepting such non-State employment, notify the
23appropriate Inspector General. Within 10 calendar days after
24receiving notification from an employee in a position subject
25to the policies required by subsection (c), such Inspector
26General shall make a determination as to whether the State

 

 

HB4713- 4 -LRB097 14540 JDS 59395 b

1employee is restricted from accepting such employment by
2subsection (a) or (b). In making a determination, in addition
3to any other relevant information, an Inspector General shall
4assess the effect of the prospective employment or relationship
5upon decisions referred to in subsections (a) and (b), based on
6the totality of the participation by the former officer,
7member, or State employee in those decisions. A determination
8by an Inspector General must be in writing, signed and dated by
9the Inspector General, and delivered to the subject of the
10determination within 10 calendar days or the person is deemed
11eligible for the employment opportunity. For purposes of this
12subsection, "appropriate Inspector General" means (i) for
13members and employees of the legislative branch, the
14Legislative Inspector General; (ii) for the Auditor General and
15employees of the Office of the Auditor General, the Inspector
16General provided for in Section 30-5 of this Act; and (iii) for
17executive branch officers and employees, the Inspector General
18having jurisdiction over the officer or employee. Notice of any
19determination of an Inspector General and of any such appeal
20shall be given to the ultimate jurisdictional authority, the
21Attorney General, and the Executive Ethics Commission.
22    (g) An Inspector General's determination regarding
23restrictions under subsection (a) or (b) may be appealed to the
24appropriate Ethics Commission by the person subject to the
25decision or the Attorney General no later than the 10th
26calendar day after the date of the determination.

 

 

HB4713- 5 -LRB097 14540 JDS 59395 b

1    On appeal, the Ethics Commission or Auditor General shall
2seek, accept, and consider written public comments regarding a
3determination. In deciding whether to uphold an Inspector
4General's determination, the appropriate Ethics Commission or
5Auditor General shall assess, in addition to any other relevant
6information, the effect of the prospective employment or
7relationship upon the decisions referred to in subsections (a)
8and (b), based on the totality of the participation by the
9former officer, member, or State employee in those decisions.
10The Ethics Commission shall decide whether to uphold an
11Inspector General's determination within 10 calendar days or
12the person is deemed eligible for the employment opportunity.
13    (h) The following officers, members, or State employees
14shall not, within a period of one year immediately after
15termination of office or State employment, knowingly accept
16employment or receive compensation or fees for services from a
17person or entity if the person or entity or its parent or
18subsidiary, during the year immediately preceding termination
19of State employment, was a party to a State contract or
20contracts with a cumulative value of $25,000 or more involving
21the officer, member, or State employee's State agency, or was
22the subject of a regulatory or licensing decision involving the
23officer, member, or State employee's State agency, regardless
24of whether he or she participated personally and substantially
25in the award of the State contract or contracts or the making
26of the regulatory or licensing decision in question:

 

 

HB4713- 6 -LRB097 14540 JDS 59395 b

1        (1) members or officers;
2        (2) members of a commission or board created by the
3    Illinois Constitution;
4        (3) persons whose appointment to office is subject to
5    the advice and consent of the Senate;
6        (4) the head of a department, commission, board,
7    division, bureau, authority, or other administrative unit
8    within the government of this State;
9        (5) chief procurement officers, State purchasing
10    officers, and their designees whose duties are directly
11    related to State procurement; and
12        (6) chiefs of staff, deputy chiefs of staff, associate
13    chiefs of staff, assistant chiefs of staff, and deputy
14    governors.
15    (i) A former member, or a spouse or immediate family member
16living with that member, shall not, within a period of 2 years
17immediately after termination of the former member's most
18recent term of office, accept employment or receive
19compensation or fees for services as an employee of an
20executive branch constitutional officer. For the purposes of
21this subsection (i), "employee of an executive branch
22constitutional officer" includes the following: (i) any person
23who is appointed by the Governor to any office to which
24appointment requires the advice and consent of the Senate and
25(ii) any person who is employed by a State agency, as that term
26is defined in this Act, to any position that is not subject to

 

 

HB4713- 7 -LRB097 14540 JDS 59395 b

1any of the jurisdictions of the Illinois Personnel Code.
2(Source: P.A. 96-555, eff. 8-18-09.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.