96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0371


 
Introduced 1/30/2009, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		













5 ILCS 430/5-45










    Amends the State Officials and Employees Ethics Act.  With respect to the procurement revolving door prohibition, removes the requirement that the procurement participation by the former State executive branch constitutional officer, legislator, or employee was personal and substantial.  Requires that the appropriate ethics commission or Auditor General conduct a public hearing, at which public comment may be offered, before granting or denying a waiver of the prohibition against the procurement or regulatory revolving door.  In determining whether to grant or deny a waiver, requires that the appropriate ethics commission or Auditor General assess relevant information, including the effect of the prospective employment or relationship upon the procurement or regulatory decisions based on the totality of the participation by the former officer, legislator, or employee in those decisions (now, a waiver shall be granted  upon a showing that the prospective employment or relationship did not affect the procurement or regulatory decisions).  Effective immediately.
















LRB096 04493 JAM 14545 b

















 


 


A BILL FOR









 











HB0371

LRB096 04493 JAM 14545 b






1
    AN ACT concerning government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The State Officials and Employees Ethics Act is 
5
amended  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 
9
or
immediate family member living with such person, shall, 
10
within a period of one
year immediately after termination of 
11
State employment, knowingly accept
employment or receive 
12
compensation or fees for services from a person or entity
if 
13
the officer, member, or State employee, during the year 
14
immediately
preceding termination of State employment, 
15
participated personally and
substantially in the decision to 
16
award State contracts with a cumulative value
of over $25,000

17
to the person or entity, or its parent or subsidiary.


18
    (b) No former officer of the executive branch or State 
19
employee of the
executive branch with regulatory or
licensing 
20
authority, or spouse or immediate family member living with 
21
such
person, shall, within a period of one year immediately 
22
after termination of
State employment, knowingly accept 
23
employment or receive compensation of fees
for services from a 
 


 






HB0371
- 2 -
LRB096 04493 JAM 14545 b




1
person or entity if the officer
or State
employee, during the 
2
year immediately preceding
termination of State employment, 
3
made a regulatory or licensing decision that
directly applied 
4
to the person or entity, or its parent or subsidiary.

5
    (c) The requirements of this Section may be waived
(i) for 
6
the executive
branch, in writing by
the Executive Ethics 
7
Commission, (ii) for the
legislative branch, in writing by
the 
8
Legislative Ethics Commission, and (iii) for the
Auditor 
9
General, in writing by the Auditor General.
During the time 
10
period from the effective date of this amendatory Act of the

11
93rd General Assembly until the Executive Ethics Commission 
12
first meets, the
requirements of this Section may be waived in 
13
writing by the appropriate
ultimate jurisdictional authority. 
14
During the time period from the
effective date of this 
15
amendatory Act of the 93rd General Assembly until the

16
Legislative Ethics Commission first meets, the requirements of 
17
this Section may
be waived in writing by the appropriate 
18
ultimate jurisdictional authority.
The appropriate ethics 
19
commission or Auditor General must conduct a public hearing, at 
20
which public comment on the waiver may be offered, before 
21
granting or denying a waiver.  In determining whether to grant 
22
or deny a waiver, the appropriate ethics commission or Auditor 
23
General shall assess, in addition to any other relevant 
24
information, the effect of the prospective employment or 
25
relationship upon the decisions referred to in subsections (a) 
26
and (b), based upon the totality of the participation by the 
 


 






HB0371
- 3 -
LRB096 04493 JAM 14545 b




1
former officer, member, or State employee in those decisions. 
2
The waiver shall be granted
upon a showing that the
prospective

3
employment or relationship did not affect the decisions 
4
referred to in sections
(a) and (b).

5
    (d) This Section applies only to persons who terminate an 
6
affected position
on or after the effective date of this 
7
amendatory Act of the 93rd General
Assembly.


8
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.