Sen. Don Harmon
Filed: 5/31/2011
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1 | AMENDMENT TO HOUSE BILL 1717
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2 | AMENDMENT NO. ______. Amend House Bill 1717, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, on page 1, line 5, after "by", by inserting "changing | ||||||
5 | Section 5-45 and by"; and
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6 | on page 1, immediately below line 5, by inserting the | ||||||
7 | following: | ||||||
8 | "(5 ILCS 430/5-45)
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9 | Sec. 5-45. Procurement; revolving door prohibition.
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10 | (a) No former officer, member, or State employee, or spouse | ||||||
11 | or
immediate family member living with such person, shall, | ||||||
12 | within a period of one
year immediately after termination of | ||||||
13 | State employment, knowingly accept
employment or receive | ||||||
14 | compensation or fees for services from a person or entity
if | ||||||
15 | the officer, member, or State employee, during the year | ||||||
16 | immediately
preceding termination of State employment, |
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1 | participated personally and
substantially in the award of State | ||||||
2 | contracts, or the issuance of State contract change orders, | ||||||
3 | with a cumulative value
of $25,000
or more to the person or | ||||||
4 | entity, or its parent or subsidiary.
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5 | (b) No former officer of the executive branch or State | ||||||
6 | employee of the
executive branch with regulatory or
licensing | ||||||
7 | authority, or spouse or immediate family member living with | ||||||
8 | such
person, shall, within a period of one year immediately | ||||||
9 | after termination of
State employment, knowingly accept | ||||||
10 | employment or receive compensation or fees
for services from a | ||||||
11 | person or entity if the officer
or State
employee, during the | ||||||
12 | year immediately preceding
termination of State employment, | ||||||
13 | participated personally and substantially in making a | ||||||
14 | regulatory or licensing decision that
directly applied to the | ||||||
15 | person or entity, or its parent or subsidiary.
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16 | (c) Within 6 months after the effective date of this | ||||||
17 | amendatory Act of the 96th General Assembly, each executive | ||||||
18 | branch constitutional officer and legislative leader, the | ||||||
19 | Auditor General, and the Joint Committee on Legislative Support | ||||||
20 | Services shall adopt a policy delineating which State positions | ||||||
21 | under his or her jurisdiction and control, by the nature of | ||||||
22 | their duties, may have the authority to participate personally | ||||||
23 | and substantially in the award of State contracts or in | ||||||
24 | regulatory or licensing decisions. The Governor shall adopt | ||||||
25 | such a policy for all State employees of the executive branch | ||||||
26 | not under the jurisdiction and control of any other executive |
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1 | branch constitutional officer.
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2 | The policies required under subsection (c) of this Section | ||||||
3 | shall be filed with the appropriate ethics commission | ||||||
4 | established under this Act or, for the Auditor General, with | ||||||
5 | the Office of the Auditor General. | ||||||
6 | (d) Each Inspector General shall have the authority to | ||||||
7 | determine that additional State positions under his or her | ||||||
8 | jurisdiction, not otherwise subject to the policies required by | ||||||
9 | subsection (c) of this Section, are nonetheless subject to the | ||||||
10 | notification requirement of subsection (f) below due to their | ||||||
11 | involvement in the award of State contracts or in regulatory or | ||||||
12 | licensing decisions. | ||||||
13 | (e) The Joint Committee on Legislative Support Services, | ||||||
14 | the Auditor General, and each of the executive branch | ||||||
15 | constitutional officers and legislative leaders subject to | ||||||
16 | subsection (c) of this Section shall provide written | ||||||
17 | notification to all employees in positions subject to the | ||||||
18 | policies required by subsection (c) or a determination made | ||||||
19 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
20 | into the relevant position; and (2) at the time the employee's | ||||||
21 | duties are changed in such a way as to qualify that employee. | ||||||
22 | An employee receiving notification must certify in writing that | ||||||
23 | the person was advised of the prohibition and the requirement | ||||||
24 | to notify the appropriate Inspector General in subsection (f). | ||||||
25 | (f) Any State employee in a position subject to the | ||||||
26 | policies required by subsection (c) or to a determination under |
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1 | subsection (d), but who does not fall within the prohibition of | ||||||
2 | subsection (h) below, who is offered non-State employment | ||||||
3 | during State employment or within a period of one year | ||||||
4 | immediately after termination of State employment shall, prior | ||||||
5 | to accepting such non-State employment, notify the appropriate | ||||||
6 | Inspector General. Within 10 calendar days after receiving | ||||||
7 | notification from an employee in a position subject to the | ||||||
8 | policies required by subsection (c), such Inspector General | ||||||
9 | shall make a determination as to whether the State employee is | ||||||
10 | restricted from accepting such employment by subsection (a) or | ||||||
11 | (b). In making a determination, in addition to any other | ||||||
12 | relevant information, an Inspector General shall assess the | ||||||
13 | effect of the prospective employment or relationship upon | ||||||
14 | decisions referred to in subsections (a) and (b), based on the | ||||||
15 | totality of the participation by the former officer, member, or | ||||||
16 | State employee in those decisions. A determination by an | ||||||
17 | Inspector General must be in writing, signed and dated by the | ||||||
18 | Inspector General, and delivered to the subject of the | ||||||
19 | determination within 10 calendar days or the person is deemed | ||||||
20 | eligible for the employment opportunity. For purposes of this | ||||||
21 | subsection, "appropriate Inspector General" means (i) for | ||||||
22 | members and employees of the legislative branch, the | ||||||
23 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
24 | employees of the Office of the Auditor General, the Inspector | ||||||
25 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
26 | executive branch officers and employees, the Inspector General |
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1 | having jurisdiction over the officer or employee. Notice of any | ||||||
2 | determination of an Inspector General and of any such appeal | ||||||
3 | shall be given to the ultimate jurisdictional authority, the | ||||||
4 | Attorney General, and the Executive Ethics Commission. | ||||||
5 | (g) An Inspector General's determination regarding | ||||||
6 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
7 | appropriate Ethics Commission by the person subject to the | ||||||
8 | decision or the Attorney General no later than the 10th | ||||||
9 | calendar day after the date of the determination. | ||||||
10 | On appeal, the Ethics Commission or Auditor General shall | ||||||
11 | seek, accept, and consider written public comments regarding a | ||||||
12 | determination. In deciding whether to uphold an Inspector | ||||||
13 | General's determination, the appropriate Ethics Commission or | ||||||
14 | Auditor General shall assess, in addition to any other relevant | ||||||
15 | information, the effect of the prospective employment or | ||||||
16 | relationship upon the decisions referred to in subsections (a) | ||||||
17 | and (b), based on the totality of the participation by the | ||||||
18 | former officer, member, or State employee in those decisions. | ||||||
19 | The Ethics Commission shall decide whether to uphold an | ||||||
20 | Inspector General's determination within 10 calendar days or | ||||||
21 | the person is deemed eligible for the employment opportunity. | ||||||
22 | (h) The following officers, members, or State employees | ||||||
23 | shall not, within a period of one year immediately after | ||||||
24 | termination of office or State employment, knowingly accept | ||||||
25 | employment or receive compensation or fees for services from a | ||||||
26 | person or entity if the person or entity or its parent or |
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1 | subsidiary, during the year immediately preceding termination | ||||||
2 | of State employment, was a party to a State contract or | ||||||
3 | contracts with a cumulative value of $25,000 or more involving | ||||||
4 | the officer, member, or State employee's State agency, or was | ||||||
5 | the subject of a regulatory or licensing decision involving the | ||||||
6 | officer, member, or State employee's State agency, regardless | ||||||
7 | of whether he or she participated personally and substantially | ||||||
8 | in the award of the State contract or contracts or the making | ||||||
9 | of the regulatory or licensing decision in question: | ||||||
10 | (1) members or officers; | ||||||
11 | (2) members of a commission or board created by the | ||||||
12 | Illinois Constitution; | ||||||
13 | (3) persons whose appointment to office is subject to | ||||||
14 | the advice and consent of the Senate; | ||||||
15 | (4) the head of a department, commission, board, | ||||||
16 | division, bureau, authority, or other administrative unit | ||||||
17 | within the government of this State; | ||||||
18 | (5) chief procurement officers, State purchasing | ||||||
19 | officers, and their designees whose duties are directly | ||||||
20 | related to State procurement; and | ||||||
21 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
22 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
23 | governors. | ||||||
24 | (i) Notwithstanding any law to the contrary, the provisions | ||||||
25 | of this Section do not apply to former officers, members, or | ||||||
26 | State employees who accept employment from any federal, State, |
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1 | or local governmental unit. | ||||||
2 | (Source: P.A. 96-555, eff. 8-18-09.)".
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