SB1641 94TH GENERAL ASSEMBLY

LRB094 10844 JAM 41363 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1641

Introduced 2/24/2005, by Sen. Richard J. Winkel, Jr.

SYNOPSIS AS INTRODUCED:

5 ILCS 430/5-45
10 ILCS 5/9-8.20 new
30 ILCS 500/50-30
30 ILCS 500/50-37 new

Amends the State Officials and Employees Ethics Act. Prohibits an officer, member, or State employee, for one year after most recently commencing State service, from knowingly participating in procurement, regulatory, or licensing decisions directly related to a person or entity that employed or compensated that officer, member, or employee, or his or her spouse or certain family members, during the year before the commencement of State employment. Permits waivers of the prohibitions on the same basis as the Act's current revolving door prohibition. Amends the Election Code. Prohibits State executive branch constitutional officers, candidates for those offices, and their political committees from accepting campaign contributions from (i) State contractors, (ii) bidders on State contracts not yet awarded, and (iii) State employees. Amends the Illinois Procurement Code. Prohibits specified procurement officials and executive officers confirmed by the Senate, during the first year in that position, from making procurement decisions relating to a person or entity that employed or compensated the official during the 2 years before commencing the affected position. For new contracts, requires that State contractors certify that they have not made campaign contributions to the State executive branch constitutional officer with jurisdiction over the awarding State agency or to that officer's political committee. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning ethics.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 5-45 as follows:

(5 ILCS 430/5-45)

Sec. 5-45. Procurement; revolving door prohibition.

(a) No former officer, member, or State employee, or spouse or immediate family member living with such person, shall, within a period of one year immediately after termination of State employment, knowingly accept employment or receive compensation or fees for services from a person or entity if the officer, member, or State employee, during the year immediately preceding termination of State employment, participated personally and substantially in the decision to award State contracts with a cumulative value of over $25,000 to the person or entity, or its parent or subsidiary.

(a-5) No officer, member, or State employee shall, within a period of one year immediately after the most recent commencement of State employment, knowingly participate personally and substantially in the decision to award State contracts with a cumulative value of over $25,000 to a person or entity, or its parent or subsidiary, that employed, or compensated for services, the officer, member, or State employee, or spouse or immediate family member living with such person, during the year immediately preceding that commencement of State employment.

(b) No former officer of the executive branch or State employee of the executive branch with regulatory or licensing authority, or spouse or immediate family member living with such person, shall, within a period of one year immediately after termination of State employment, knowingly accept employment or receive compensation of fees for services from a person or entity if the officer or State employee, during the year immediately preceding termination of State employment, made a regulatory or licensing decision that directly applied to the person or entity, or its parent or subsidiary.

(b-5) No officer of the executive branch or State employee of the executive branch with regulatory or licensing authority shall, within a period of one year immediately after the most recent commencement of State employment, knowingly make a regulatory or licensing decision that directly applies to a person or entity, or its parent or subsidiary, that employed, or compensated for services, the officer or State employee, or spouse or immediate family member living with such person, during the year immediately preceding that commencement of State employment.

(c) The requirements of this Section may be waived (i) for the executive branch, in writing by the Executive Ethics Commission, (ii) for the legislative branch, in writing by the Legislative Ethics Commission, and (iii) for the Auditor General, in writing by the Auditor General. During the time period from the effective date of this amendatory Act of the 93rd General Assembly until the Executive Ethics Commission first meets, the requirements of this Section may be waived in writing by the appropriate ultimate jurisdictional authority. During the time period from the effective date of this amendatory Act of the 93rd General Assembly until the Legislative Ethics Commission first meets, the requirements of this Section may be waived in writing by the appropriate ultimate jurisdictional authority. The waiver shall be granted upon a showing that (i) the prospective employment or relationship did not affect the decisions referred to in subsections sections (a) and (b) or (ii) the previous employment or relationship does not affect the decisions referred to in subsections (a-5) and (b-5).

(d) This Section applies only to persons who, in the case of subsection (a) or (b), terminate an affected position on or after the effective date of this amendatory Act of the 93rd General Assembly or, in the case of subsection (a-5) or (b-5), commence an affected position on or after the effective date of this amendatory Act of the 94th General Assembly.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

Section 10. The Election Code is amended by adding Section 9-8.20 as follows:

(10 ILCS 5/9-8.20 new)

Sec. 9-8.20. Prohibited contributions.

(a) As of the effective date of this amendatory Act of the 94th General Assembly, a State executive branch constitutional officer, a candidate for the office of State executive branch constitutional officer, or a political committee organized on behalf of or controlled by that office holder or candidate shall not accept contributions from:

(1) A State contractor.

(2) A person or other entity that has submitted a bid, offer, or proposal for a State contract that has not yet been awarded.

(3) A State employee.

(b) As used in this Section, "State executive branch constitutional officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, and State Treasurer.

(c) A first violation of this Section is punishable by a fine equal to the amount of the contribution. A second violation is punishable by a fine equal to 3 times the amount of the contribution. A third or subsequent violation is a Class C misdemeanor.

Section 15. The Illinois Procurement Code is amended by changing Section 50-30 and by adding Section 50-37 as follows:

(30 ILCS 500/50-30)

Sec. 50-30. Revolving door prohibition.

(a) Chief procurement officers, associate procurement officers, State purchasing officers, their designees whose principal duties are directly related to State procurement, and executive officers confirmed by the Senate are expressly prohibited for a period of 2 years after terminating an affected position from engaging in any procurement activity relating to the State agency most recently employing them in an affected position for a period of at least 6 months. The prohibition includes but is not limited to: lobbying the procurement process; specifying; bidding; proposing bid, proposal, or contract documents; on their own behalf or on behalf of any firm, partnership, association, or corporation. This subsection applies only to persons who terminate an affected position on or after January 15, 1999.

(a-5) Chief procurement officers, associate procurement officers, State purchasing officers, their designees whose principal duties are directly related to State procurement, and executive officers confirmed by the Senate are expressly prohibited for a period of one year after most recently commencing an affected position from engaging in any procurement activity relating to any person or entity, or its parent or subsidiary, that employed, or compensated for services, the chief procurement officer, associate procurement officer, State purchasing officer, designee, or executive officer during the 2 years immediately preceding that commencement of the affected position.

(b) In addition to any other provisions of this Code, employment of former State employees and the activity of procurement officials, their designees, and executive officers are is subject to the State Officials and Employees Ethics Act.

(Source: P.A. 93-615, eff. 11-19-03.)

(30 ILCS 500/50-37 new)

Sec. 50-37. Campaign contributions. Each contract awarded on or after the effective date of this amendatory Act of the 94th General Assembly must contain a certification by the contractor that the contractor has not made a campaign contribution, as defined in Article 9 of the Election Code, to the executive branch constitutional officer with jurisdiction over the awarding State agency or to a political committee organized on behalf of or controlled by that State executive branch constitutional officer.

As used in this Section, "State executive branch constitutional officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, and State Treasurer.

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