HB0371 96TH GENERAL ASSEMBLY

LRB096 04493 JAM 14545 b

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.

A BILL FOR

AN ACT concerning government.

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.

(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.

(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 appropriate ethics commission or Auditor General must conduct a public hearing, at which public comment on the waiver may be offered, before granting or denying a waiver. In determining whether to grant or deny a waiver, the appropriate ethics commission or Auditor General shall assess, in addition to any other relevant information, the effect of the prospective employment or relationship upon the decisions referred to in subsections (a) and (b), based upon the totality of the participation by the former officer, member, or State employee in those decisions. The waiver shall be granted upon a showing that the prospective employment or relationship did not affect the decisions referred to in sections (a) and (b).

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

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

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