Full Text of HB3486 102nd General Assembly
HB3486 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3486 Introduced 2/22/2021, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/1-5 | | 5 ILCS 430/5-45 | |
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Amends the State Officials and Employees Ethics Act. Provides that no person who has served as a statewide elected official, the executive or administrative head of a State agency, the deputy executive or administrative head of a State agency, or a member of the General Assembly shall, within 2 years after the termination of service or employment, become a lobbyist. Defines "lobbyist".
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| | A BILL FOR |
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| 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 Sections 1-5 and 5-45 as follows:
| 6 | | (5 ILCS 430/1-5)
| 7 | | Sec. 1-5. Definitions. As used in this Act:
| 8 | | "Appointee" means a person appointed to a position in or | 9 | | with a State
agency, regardless of whether the position is | 10 | | compensated.
| 11 | | "Board members of Regional Transit Boards" means any | 12 | | person appointed to serve on the governing board of a Regional | 13 | | Transit Board. | 14 | | "Campaign for elective office" means any activity in | 15 | | furtherance of an
effort to influence the selection, | 16 | | nomination, election, or appointment of any
individual to any | 17 | | federal, State, or local public office or office in a
| 18 | | political organization, or the selection, nomination, or | 19 | | election
of Presidential or Vice-Presidential electors,
but | 20 | | does not include
activities (i) relating to the support or | 21 | | opposition of any executive,
legislative, or administrative | 22 | | action (as those terms are defined in Section 2
of the Lobbyist | 23 | | Registration Act), (ii) relating to collective bargaining, or
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| 1 | | (iii) that are otherwise in furtherance of the person's | 2 | | official State duties.
| 3 | | "Candidate" means a person who has
filed nominating papers | 4 | | or petitions for nomination or election to an elected
State | 5 | | office, or who has been appointed to fill a vacancy in | 6 | | nomination, and
who remains eligible for placement on the | 7 | | ballot at either a
general primary election or general | 8 | | election.
| 9 | | "Collective bargaining" has the same meaning as that term | 10 | | is defined in
Section 3 of the Illinois Public Labor Relations | 11 | | Act.
| 12 | | "Commission" means an ethics commission created by this | 13 | | Act.
| 14 | | "Compensated time" means any time worked by or credited to | 15 | | a State employee
that counts
toward any minimum work time | 16 | | requirement imposed as a condition of employment
with a State | 17 | | agency, but does not include any designated State holidays or | 18 | | any
period when the employee is on a
leave of absence.
| 19 | | "Compensatory time off" means authorized time off earned | 20 | | by or awarded to a
State employee to compensate in whole or in | 21 | | part for time worked in excess of
the minimum work time | 22 | | required
of that employee as a condition of employment with a | 23 | | State agency.
| 24 | | "Contribution" has the same meaning as that term is | 25 | | defined in Section 9-1.4
of the Election Code.
| 26 | | "Employee" means (i) any person employed full-time, |
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| 1 | | part-time, or
pursuant to a contract and whose employment | 2 | | duties are subject to the direction
and
control of an employer | 3 | | with regard to the material details of how the work is
to be | 4 | | performed or (ii) any appointed or elected commissioner, | 5 | | trustee, director, or board member of a board of a State | 6 | | agency, including any retirement system or investment board | 7 | | subject to the Illinois Pension Code or (iii) any other | 8 | | appointee.
| 9 | | "Employment benefits" include but are not limited to the | 10 | | following: modified compensation or benefit terms; compensated | 11 | | time off; or change of title, job duties, or location of office | 12 | | or employment. An employment benefit may also include | 13 | | favorable treatment in determining whether to bring any | 14 | | disciplinary or similar action or favorable treatment during | 15 | | the course of any disciplinary or similar action or other | 16 | | performance review. | 17 | | "Executive branch constitutional officer" means the | 18 | | Governor, Lieutenant
Governor, Attorney General, Secretary of | 19 | | State, Comptroller, and Treasurer.
| 20 | | "Gift" means any gratuity, discount, entertainment, | 21 | | hospitality, loan,
forbearance, or other tangible or | 22 | | intangible item having monetary value
including, but not
| 23 | | limited to, cash, food and drink, and honoraria for speaking | 24 | | engagements
related to or attributable to government | 25 | | employment or the official position of
an
employee, member, or | 26 | | officer.
The value of a gift may be further defined by rules |
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| 1 | | adopted by the appropriate ethics commission or by the Auditor | 2 | | General for the Auditor General and for employees of the | 3 | | office of the Auditor General.
| 4 | | "Governmental entity" means a unit of local government | 5 | | (including a community college district) or a school
district | 6 | | but not a State
agency or a Regional Transit Board.
| 7 | | "Leave of absence" means any period during which a State | 8 | | employee does not
receive (i) compensation for State | 9 | | employment, (ii) service credit towards
State pension | 10 | | benefits, and (iii) health insurance benefits paid for by the
| 11 | | State.
| 12 | | "Legislative branch constitutional officer" means a member | 13 | | of the General
Assembly and the Auditor General.
| 14 | | "Legislative leader" means the President and Minority | 15 | | Leader of the Senate
and the Speaker and Minority Leader of the | 16 | | House of Representatives.
| 17 | | "Member" means a member of the General Assembly.
| 18 | | "Lobbyist" means an individual who, by acting directly, | 19 | | does any of the following: | 20 | | (1) Receives compensation to encourage the passage, | 21 | | defeat, approval, veto, or modification of legislation, a | 22 | | rule, or an executive order by the members of the General | 23 | | Assembly, a State agency, or any statewide elected | 24 | | official. | 25 | | (2) Is a designated representative of an organization | 26 | | which has as one of its purposes the encouragement of the |
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| 1 | | passage, defeat, approval, veto, or modification of | 2 | | legislation, a rule, or an executive order before the | 3 | | General Assembly, a State agency, or any statewide elected | 4 | | official. | 5 | | (3) Represents the position of a federal, State, or | 6 | | local government agency, in which the person serves or is | 7 | | employed as the designated representative, for purposes of | 8 | | encouraging the passage, defeat, approval, veto, or | 9 | | modification of legislation, a rule, or an executive order | 10 | | by members of the General Assembly, a State agency, or any | 11 | | statewide elected official. | 12 | | "Lobbyist" does not include: | 13 | | (1) Officials and employees of a political party | 14 | | organized in the State of Illinois representing more than | 15 | | 2% of the total votes cast for governor in the last | 16 | | preceding general election, but only when representing the | 17 | | political party in an official capacity. | 18 | | (2) Representatives of the news media only when | 19 | | engaged in the reporting and dissemination of news and | 20 | | editorials. | 21 | | (3) All federal, State, and local elected officials, | 22 | | while performing the duties and responsibilities of | 23 | | office. | 24 | | (4) Persons whose activities are limited to | 25 | | appearances to give testimony or provide information or | 26 | | assistance at sessions of committees of the General |
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| 1 | | Assembly or at public hearings of State agencies or who | 2 | | are giving testimony or providing information or | 3 | | assistance at the request of public officials or | 4 | | employees. | 5 | | (5) Members of the staff of the United States Congress | 6 | | or the General Assembly. | 7 | | (6) State agency officials and employees while they | 8 | | are engaged in activities within the agency in which they | 9 | | serve or are employed or with another agency with which | 10 | | the official's or employee's agency is involved in a | 11 | | collaborative project. | 12 | | (7) An individual who is a member, director, trustee, | 13 | | officer, or committee member of a business, trade, labor, | 14 | | farm, professional, religious, education, or charitable | 15 | | association, foundation, or organization who is not paid | 16 | | compensation and is not otherwise specifically designated | 17 | | as a lobbyist under this Act. | 18 | | "Officer" means an executive branch constitutional officer
| 19 | | or a
legislative branch constitutional officer.
| 20 | | "Political" means any activity in support
of or in | 21 | | connection with any campaign for elective office or any | 22 | | political
organization, but does not include activities (i) | 23 | | relating to the support or
opposition of any executive, | 24 | | legislative, or administrative action (as those
terms are | 25 | | defined in Section 2 of the Lobbyist Registration Act), (ii) | 26 | | relating
to collective bargaining, or (iii) that are
otherwise
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| 1 | | in furtherance of the person's official
State duties or | 2 | | governmental and public service functions.
| 3 | | "Political organization" means a party, committee, | 4 | | association, fund, or
other organization (whether or not | 5 | | incorporated) that is required to file a
statement of | 6 | | organization with the State Board of Elections or a county | 7 | | clerk
under Section 9-3 of the Election Code, but only with | 8 | | regard to those
activities that require filing with the State | 9 | | Board of Elections or a county
clerk.
| 10 | | "Prohibited political activity" means:
| 11 | | (1) Preparing for, organizing, or participating in any
| 12 | | political meeting, political rally, political | 13 | | demonstration, or other political
event.
| 14 | | (2) Soliciting contributions, including but not | 15 | | limited to the purchase
of, selling, distributing, or | 16 | | receiving
payment for tickets for any political | 17 | | fundraiser,
political meeting, or other political event.
| 18 | | (3) Soliciting, planning the solicitation of, or | 19 | | preparing any document or
report regarding any thing of | 20 | | value intended as a campaign contribution.
| 21 | | (4) Planning, conducting, or participating in a public | 22 | | opinion
poll in connection with a campaign for elective | 23 | | office or on behalf of a
political organization for | 24 | | political purposes or for or against any referendum
| 25 | | question.
| 26 | | (5) Surveying or gathering information from potential |
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| 1 | | or actual
voters in an election to determine probable vote | 2 | | outcome in connection with a
campaign for elective office | 3 | | or on behalf of a political organization for
political | 4 | | purposes or for or against any referendum question.
| 5 | | (6) Assisting at the polls on election day on behalf | 6 | | of any
political organization or candidate for elective | 7 | | office or for or against any
referendum
question.
| 8 | | (7) Soliciting votes on behalf of a candidate for | 9 | | elective office or a
political organization or for or | 10 | | against any referendum question or helping in
an effort to | 11 | | get voters
to the polls.
| 12 | | (8) Initiating for circulation, preparing, | 13 | | circulating, reviewing, or
filing any petition on
behalf | 14 | | of a candidate for elective office or for or against any | 15 | | referendum
question.
| 16 | | (9) Making contributions on behalf
of any candidate | 17 | | for elective office in that capacity or in connection with | 18 | | a
campaign for elective office.
| 19 | | (10) Preparing or reviewing responses to candidate | 20 | | questionnaires in
connection with a campaign for elective | 21 | | office or on behalf of a political
organization for | 22 | | political purposes.
| 23 | | (11) Distributing, preparing for distribution, or | 24 | | mailing campaign
literature, campaign signs, or other | 25 | | campaign material on behalf of any
candidate for elective | 26 | | office or for or against any referendum question.
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| 1 | | (12) Campaigning for any elective
office or for or | 2 | | against any referendum question.
| 3 | | (13) Managing or working on a campaign for elective
| 4 | | office or for or against any referendum question.
| 5 | | (14) Serving as a delegate, alternate, or proxy to a | 6 | | political
party convention.
| 7 | | (15) Participating in any recount or challenge to the | 8 | | outcome of
any election, except to the extent that under | 9 | | subsection (d) of
Section 6 of Article IV of the Illinois | 10 | | Constitution each house of the General
Assembly shall | 11 | | judge the elections, returns, and qualifications of its | 12 | | members.
| 13 | | "Prohibited source" means any person or entity who:
| 14 | | (1) is seeking official action (i) by the
member or | 15 | | officer or (ii) in the case of an employee, by
the employee
| 16 | | or by the
member, officer, State agency, or other employee | 17 | | directing the
employee;
| 18 | | (2) does business or seeks to do business (i) with the
| 19 | | member or officer or (ii) in the case of an employee,
with | 20 | | the
employee or with the member, officer, State agency, or | 21 | | other
employee directing the
employee;
| 22 | | (3) conducts activities regulated (i) by the
member or | 23 | | officer or (ii) in the case of an employee, by
the employee | 24 | | or by the member, officer, State agency, or
other employee | 25 | | directing the employee;
| 26 | | (4) has interests that may be substantially affected |
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| 1 | | by the performance or
non-performance of the official | 2 | | duties of the member, officer, or
employee;
| 3 | | (5) is registered or required to be registered with | 4 | | the Secretary of State
under the Lobbyist Registration | 5 | | Act, except that an entity not otherwise a
prohibited | 6 | | source does not become a prohibited source merely because | 7 | | a
registered lobbyist is one of its members or serves on | 8 | | its board of
directors; or | 9 | | (6) is an agent of, a spouse of, or an immediate family | 10 | | member who is living with a "prohibited source".
| 11 | | "Regional Transit Boards" means (i) the Regional | 12 | | Transportation Authority created by the Regional | 13 | | Transportation Authority Act, (ii) the Suburban Bus Division | 14 | | created by the Regional Transportation Authority Act, (iii) | 15 | | the Commuter Rail Division created by the Regional | 16 | | Transportation Authority Act, and (iv) the Chicago Transit | 17 | | Authority created by the Metropolitan Transit Authority Act. | 18 | | "State agency" includes all officers, boards, commissions | 19 | | and agencies
created by the Constitution, whether in the | 20 | | executive or legislative
branch; all officers,
departments, | 21 | | boards, commissions, agencies, institutions, authorities,
| 22 | | public institutions of higher learning as defined in Section 2 | 23 | | of the Higher
Education
Cooperation Act (except community | 24 | | colleges), and bodies politic and corporate of the State; and
| 25 | | administrative
units or corporate outgrowths of the State | 26 | | government which are created by
or pursuant to statute, other |
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| 1 | | than units of local government (including community college | 2 | | districts) and their
officers, school districts, and boards of | 3 | | election commissioners; and all
administrative units and | 4 | | corporate outgrowths of the above and as may be
created by | 5 | | executive order of the Governor. "State agency" includes the | 6 | | General
Assembly, the Senate, the House of Representatives, | 7 | | the President and Minority
Leader of the Senate, the Speaker | 8 | | and Minority Leader of the House of
Representatives, the | 9 | | Senate Operations Commission, and the legislative support
| 10 | | services agencies. "State agency" includes the Office
of the | 11 | | Auditor General. "State agency" does not include the judicial | 12 | | branch.
| 13 | | "State employee" means any employee of a State agency.
| 14 | | "Ultimate jurisdictional
authority" means the following:
| 15 | | (1) For members, legislative partisan staff, and | 16 | | legislative secretaries,
the appropriate
legislative | 17 | | leader: President of the
Senate, Minority Leader of the | 18 | | Senate, Speaker of the House of Representatives,
or | 19 | | Minority Leader of the House of Representatives.
| 20 | | (2) For State employees who are professional staff or | 21 | | employees of the
Senate and not covered under item (1), | 22 | | the Senate Operations Commission.
| 23 | | (3) For State employees who are professional staff or | 24 | | employees of the
House of Representatives and not covered | 25 | | under item (1), the Speaker of the
House of | 26 | | Representatives.
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| 1 | | (4) For State employees who are employees of the | 2 | | legislative support
services agencies, the Joint Committee | 3 | | on Legislative Support Services.
| 4 | | (5) For State employees of the Auditor General, the | 5 | | Auditor General.
| 6 | | (6) For State employees of public institutions of | 7 | | higher learning as
defined in Section 2 of the Higher | 8 | | Education Cooperation Act (except community colleges), the | 9 | | board of
trustees of the appropriate public institution of | 10 | | higher learning.
| 11 | | (7) For State employees of an executive branch | 12 | | constitutional officer
other than those described in | 13 | | paragraph (6), the
appropriate executive branch | 14 | | constitutional officer.
| 15 | | (8) For State employees not under the jurisdiction of | 16 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | 17 | | Governor.
| 18 | | (9) For employees of Regional Transit Boards, the | 19 | | appropriate Regional Transit Board.
| 20 | | (10) For board members of Regional Transit Boards, the | 21 | | Governor. | 22 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; | 23 | | 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. | 24 | | 7-13-12.) | 25 | | (5 ILCS 430/5-45)
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| 1 | | Sec. 5-45. Procurement; revolving door prohibition.
| 2 | | (a) No former officer, member, or State employee, or | 3 | | spouse or
immediate family member living with such person, | 4 | | shall, within a period of one
year immediately after | 5 | | termination of State employment, knowingly accept
employment | 6 | | or receive compensation or fees for services from a person or | 7 | | entity
if the officer, member, or State employee, during the | 8 | | year immediately
preceding termination of State employment, | 9 | | participated personally and
substantially in the award of | 10 | | State contracts, or the issuance of State contract change | 11 | | orders, with a cumulative value
of $25,000
or more to the | 12 | | person or entity, or its parent or subsidiary.
| 13 | | (a-5) No officer, member, or spouse or immediate family | 14 | | member living with such person shall, during the officer or | 15 | | member's term in office or within a period of 2 years | 16 | | immediately leaving office, hold an ownership interest, other | 17 | | than a passive interest in a publicly traded company, in any | 18 | | gaming license under the Illinois Gambling Act, the Video | 19 | | Gaming Act, the Illinois Horse Racing Act of 1975, or the | 20 | | Sports Wagering Act. Any member of the General Assembly or | 21 | | spouse or immediate family member living with such person who | 22 | | has an ownership interest, other than a passive interest in a | 23 | | publicly traded company, in any gaming license under the | 24 | | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | 25 | | the Video Gaming Act, or the Sports Wagering Act at the time of | 26 | | the effective date of this amendatory Act of the 101st General |
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| 1 | | Assembly shall divest himself or herself of such ownership | 2 | | within one year after the effective date of this amendatory | 3 | | Act of the 101st General Assembly. No State employee who works | 4 | | for the Illinois Gaming Board or Illinois Racing Board or | 5 | | spouse or immediate family member living with such person | 6 | | shall, during State employment or within a period of 2 years | 7 | | immediately after termination of State employment, hold an | 8 | | ownership interest, other than a passive interest in a | 9 | | publicly traded company, in any gaming license under the | 10 | | Illinois Gambling Act, the Video Gaming Act, the Illinois | 11 | | Horse Racing Act of 1975, or the Sports Wagering Act. | 12 | | (a-10) This subsection (a-10) applies on and after June | 13 | | 25, 2021. No officer, member, or spouse or immediate family | 14 | | member living with such person, shall, during the officer or | 15 | | member's term in office or within a period of 2 years | 16 | | immediately after leaving office, hold an ownership interest, | 17 | | other than a passive interest in a publicly traded company, in | 18 | | any cannabis business establishment which is licensed under | 19 | | the Cannabis Regulation and Tax Act. Any member of the General | 20 | | Assembly or spouse or immediate family member living with such | 21 | | person who has an ownership interest, other than a passive | 22 | | interest in a publicly traded company, in any cannabis | 23 | | business establishment which is licensed under the Cannabis | 24 | | Regulation and Tax Act at the time of the effective date of | 25 | | this amendatory Act of the 101st General Assembly shall divest | 26 | | himself or herself of such ownership within one year after the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly. | 3 | | No State employee who works for any State agency that | 4 | | regulates cannabis business establishment license holders who | 5 | | participated personally and substantially in the award of | 6 | | licenses under the Cannabis Regulation and Tax Act or a spouse | 7 | | or immediate family member living with such person shall, | 8 | | during State employment or within a period of 2 years | 9 | | immediately after termination of State employment, hold an | 10 | | ownership interest, other than a passive interest in a | 11 | | publicly traded company, in any cannabis license under the | 12 | | Cannabis Regulation and Tax Act. | 13 | | (a-15) No person who has served as a statewide elected | 14 | | official, the executive or administrative head of a State | 15 | | agency, the deputy executive or administrative head of a State | 16 | | agency, or a member of the General Assembly shall, within 2 | 17 | | years after the termination of service or employment, become a | 18 | | lobbyist. | 19 | | (b) No former officer of the executive branch or State | 20 | | employee of the
executive branch with regulatory or
licensing | 21 | | authority, or spouse or immediate family member living with | 22 | | such
person, shall, within a period of one year immediately | 23 | | after termination of
State employment, knowingly accept | 24 | | employment or receive compensation or fees
for services from a | 25 | | person or entity if the officer
or State
employee, during the | 26 | | year immediately preceding
termination of State employment, |
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| 1 | | participated personally and substantially in making a | 2 | | regulatory or licensing decision that
directly applied to the | 3 | | person or entity, or its parent or subsidiary.
| 4 | | (c) Within 6 months after the effective date of this | 5 | | amendatory Act of the 96th General Assembly, each executive | 6 | | branch constitutional officer and legislative leader, the | 7 | | Auditor General, and the Joint Committee on Legislative | 8 | | Support Services shall adopt a policy delineating which State | 9 | | positions under his or her jurisdiction and control, by the | 10 | | nature of their duties, may have the authority to participate | 11 | | personally and substantially in the award of State contracts | 12 | | or in regulatory or licensing decisions. The Governor shall | 13 | | adopt such a policy for all State employees of the executive | 14 | | branch not under the jurisdiction and control of any other | 15 | | executive branch constitutional officer.
| 16 | | The policies required under subsection (c) of this Section | 17 | | shall be filed with the appropriate ethics commission | 18 | | established under this Act or, for the Auditor General, with | 19 | | the Office of the Auditor General. | 20 | | (d) Each Inspector General shall have the authority to | 21 | | determine that additional State positions under his or her | 22 | | jurisdiction, not otherwise subject to the policies required | 23 | | by subsection (c) of this Section, are nonetheless subject to | 24 | | the notification requirement of subsection (f) below due to | 25 | | their involvement in the award of State contracts or in | 26 | | regulatory or licensing decisions. |
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| 1 | | (e) The Joint Committee on Legislative Support Services, | 2 | | the Auditor General, and each of the executive branch | 3 | | constitutional officers and legislative leaders subject to | 4 | | subsection (c) of this Section shall provide written | 5 | | notification to all employees in positions subject to the | 6 | | policies required by subsection (c) or a determination made | 7 | | under subsection (d): (1) upon hiring, promotion, or transfer | 8 | | into the relevant position; and (2) at the time the employee's | 9 | | duties are changed in such a way as to qualify that employee. | 10 | | An employee receiving notification must certify in writing | 11 | | that the person was advised of the prohibition and the | 12 | | requirement to notify the appropriate Inspector General in | 13 | | subsection (f). | 14 | | (f) Any State employee in a position subject to the | 15 | | policies required by subsection (c) or to a determination | 16 | | under subsection (d), but who does not fall within the | 17 | | prohibition of subsection (h) below, who is offered non-State | 18 | | employment during State employment or within a period of one | 19 | | year immediately after termination of State employment shall, | 20 | | prior to accepting such non-State employment, notify the | 21 | | appropriate Inspector General. Within 10 calendar days after | 22 | | receiving notification from an employee in a position subject | 23 | | to the policies required by subsection (c), such Inspector | 24 | | General shall make a determination as to whether the State | 25 | | employee is restricted from accepting such employment by | 26 | | subsection (a) or (b). In making a determination, in addition |
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| 1 | | to any other relevant information, an Inspector General shall | 2 | | assess the effect of the prospective employment or | 3 | | relationship upon decisions referred to in subsections (a) and | 4 | | (b), based on the totality of the participation by the former | 5 | | officer, member, or State employee in those decisions. A | 6 | | determination by an Inspector General must be in writing, | 7 | | signed and dated by the Inspector General, and delivered to | 8 | | the subject of the determination within 10 calendar days or | 9 | | the person is deemed eligible for the employment opportunity. | 10 | | For purposes of this subsection, "appropriate Inspector | 11 | | General" means (i) for members and employees of the | 12 | | legislative branch, the Legislative Inspector General; (ii) | 13 | | for the Auditor General and employees of the Office of the | 14 | | Auditor General, the Inspector General provided for in Section | 15 | | 30-5 of this Act; and (iii) for executive branch officers and | 16 | | employees, the Inspector General having jurisdiction over the | 17 | | officer or employee. Notice of any determination of an | 18 | | Inspector General and of any such appeal shall be given to the | 19 | | ultimate jurisdictional authority, the Attorney General, and | 20 | | the Executive Ethics Commission. | 21 | | (g) An Inspector General's determination regarding | 22 | | restrictions under subsection (a) or (b) may be appealed to | 23 | | the appropriate Ethics Commission by the person subject to the | 24 | | decision or the Attorney General no later than the 10th | 25 | | calendar day after the date of the determination. | 26 | | On appeal, the Ethics Commission or Auditor General shall |
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| 1 | | seek, accept, and consider written public comments regarding a | 2 | | determination. In deciding whether to uphold an Inspector | 3 | | General's determination, the appropriate Ethics Commission or | 4 | | Auditor General shall assess, in addition to any other | 5 | | relevant information, the effect of the prospective employment | 6 | | or relationship upon the decisions referred to in subsections | 7 | | (a) and (b), based on the totality of the participation by the | 8 | | former officer, member, or State employee in those decisions. | 9 | | The Ethics Commission shall decide whether to uphold an | 10 | | Inspector General's determination within 10 calendar days or | 11 | | the person is deemed eligible for the employment opportunity. | 12 | | (h) The following officers, members, or State employees | 13 | | shall not, within a period of one year immediately after | 14 | | termination of office or State employment, knowingly accept | 15 | | employment or receive compensation or fees for services from a | 16 | | person or entity if the person or entity or its parent or | 17 | | subsidiary, during the year immediately preceding termination | 18 | | of State employment, was a party to a State contract or | 19 | | contracts with a cumulative value of $25,000 or more involving | 20 | | the officer, member, or State employee's State agency, or was | 21 | | the subject of a regulatory or licensing decision involving | 22 | | the officer, member, or State employee's State agency, | 23 | | regardless of whether he or she participated personally and | 24 | | substantially in the award of the State contract or contracts | 25 | | or the making of the regulatory or licensing decision in | 26 | | question: |
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| 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; | 12 | | (6) chiefs of staff, deputy chiefs of staff, associate | 13 | | chiefs of staff, assistant chiefs of staff, and deputy | 14 | | governors; | 15 | | (7) employees of the Illinois Racing Board; and | 16 | | (8) employees of the Illinois Gaming Board. | 17 | | (i) For the purposes of this Section, with respect to | 18 | | officers or employees of a regional transit board, as defined | 19 | | in this Act, the phrase "person or entity" does not include: | 20 | | (i) the United States government, (ii) the State, (iii) | 21 | | municipalities, as defined under Article VII, Section 1 of the | 22 | | Illinois Constitution, (iv) units of local government, as | 23 | | defined under Article VII, Section 1 of the Illinois | 24 | | Constitution, or (v) school districts. | 25 | | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
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