Full Text of HB3798 97th General Assembly
HB3798 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3798 Introduced 10/5/2011, by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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Amends the State Officials and Employees Ethics Act. Provides that a State employee who holds a Rutan-exempt position and is involuntarily terminated from that position shall not, within a period of 5 years immediately after involuntary termination, knowingly accept employment or receive compensation or fees for services from a person or entity if the person or entity or its parent or subsidiary is a party to a State contract or contracts, regardless of whether the State employee participated personally and substantially in the award of the State contract or contracts. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | 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 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 award of State | 16 | | contracts, or the issuance of State contract change orders, | 17 | | with a cumulative value
of $25,000
or more to the person or | 18 | | entity, or its parent or subsidiary.
| 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 |
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| 1 | | employment or receive compensation or fees
for services from a | 2 | | person or entity if the officer
or State
employee, during the | 3 | | year immediately preceding
termination of State employment, | 4 | | participated personally and substantially in making a | 5 | | regulatory or licensing decision that
directly applied to the | 6 | | person or entity, or its parent or subsidiary.
| 7 | | (c) Within 6 months after the effective date of this | 8 | | amendatory Act of the 96th General Assembly, each executive | 9 | | branch constitutional officer and legislative leader, the | 10 | | Auditor General, and the Joint Committee on Legislative Support | 11 | | Services shall adopt a policy delineating which State positions | 12 | | under his or her jurisdiction and control, by the nature of | 13 | | their duties, may have the authority to participate personally | 14 | | and substantially in the award of State contracts or in | 15 | | regulatory or licensing decisions. The Governor shall adopt | 16 | | such a policy for all State employees of the executive branch | 17 | | not under the jurisdiction and control of any other executive | 18 | | branch constitutional officer.
| 19 | | The policies required under subsection (c) of this Section | 20 | | shall be filed with the appropriate ethics commission | 21 | | established under this Act or, for the Auditor General, with | 22 | | the Office of the Auditor General. | 23 | | (d) Each Inspector General shall have the authority to | 24 | | determine that additional State positions under his or her | 25 | | jurisdiction, not otherwise subject to the policies required by | 26 | | subsection (c) of this Section, are nonetheless subject to the |
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| 1 | | notification requirement of subsection (f) below due to their | 2 | | involvement in the award of State contracts or in regulatory or | 3 | | licensing decisions. | 4 | | (e) The Joint Committee on Legislative Support Services, | 5 | | the Auditor General, and each of the executive branch | 6 | | constitutional officers and legislative leaders subject to | 7 | | subsection (c) of this Section shall provide written | 8 | | notification to all employees in positions subject to the | 9 | | policies required by subsection (c) or a determination made | 10 | | under subsection (d): (1) upon hiring, promotion, or transfer | 11 | | into the relevant position; and (2) at the time the employee's | 12 | | duties are changed in such a way as to qualify that employee. | 13 | | An employee receiving notification must certify in writing that | 14 | | the person was advised of the prohibition and the requirement | 15 | | to notify the appropriate Inspector General in subsection (f). | 16 | | (f) Any State employee in a position subject to the | 17 | | policies required by subsection (c) or to a determination under | 18 | | subsection (d), but who does not fall within the prohibition of | 19 | | subsection (h) below, who is offered non-State employment | 20 | | during State employment or within a period of one year | 21 | | immediately after termination of State employment shall, prior | 22 | | to accepting such non-State employment, notify the appropriate | 23 | | Inspector General. Within 10 calendar days after receiving | 24 | | notification from an employee in a position subject to the | 25 | | policies required by subsection (c), such Inspector General | 26 | | shall make a determination as to whether the State employee is |
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| 1 | | restricted from accepting such employment by subsection (a) or | 2 | | (b). In making a determination, in addition to any other | 3 | | relevant information, an Inspector General shall assess the | 4 | | effect of the prospective employment or relationship upon | 5 | | decisions referred to in subsections (a) and (b), based on the | 6 | | totality of the participation by the former officer, member, or | 7 | | State employee in those decisions. A determination by an | 8 | | Inspector General must be in writing, signed and dated by the | 9 | | Inspector General, and delivered to the subject of the | 10 | | determination within 10 calendar days or the person is deemed | 11 | | eligible for the employment opportunity. For purposes of this | 12 | | subsection, "appropriate Inspector General" means (i) for | 13 | | members and employees of the legislative branch, the | 14 | | Legislative Inspector General; (ii) for the Auditor General and | 15 | | employees of the Office of the Auditor General, the Inspector | 16 | | General provided for in Section 30-5 of this Act; and (iii) for | 17 | | executive branch officers and employees, the Inspector General | 18 | | having jurisdiction over the officer or employee. Notice of any | 19 | | determination of an Inspector General and of any such appeal | 20 | | shall be given to the ultimate jurisdictional authority, the | 21 | | Attorney General, and the Executive Ethics Commission. | 22 | | (g) An Inspector General's determination regarding | 23 | | restrictions under subsection (a) or (b) may be appealed to the | 24 | | appropriate Ethics Commission by the person subject to the | 25 | | decision or the Attorney General no later than the 10th | 26 | | calendar day after the date of the determination. |
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| 1 | | On appeal, the Ethics Commission or Auditor General shall | 2 | | seek, accept, and consider written public comments regarding a | 3 | | determination. In deciding whether to uphold an Inspector | 4 | | General's determination, the appropriate Ethics Commission or | 5 | | Auditor General shall assess, in addition to any other relevant | 6 | | information, the effect of the prospective employment or | 7 | | relationship upon the decisions referred to in subsections (a) | 8 | | and (b), based on the totality of the participation by the | 9 | | former officer, member, or State employee in those decisions. | 10 | | The Ethics Commission shall decide whether to uphold an | 11 | | Inspector General's determination within 10 calendar days or | 12 | | the person is deemed eligible for the employment opportunity. | 13 | | (h) The following officers, members, or State employees | 14 | | shall not, within a period of one year immediately after | 15 | | termination of office or State employment, knowingly accept | 16 | | employment or receive compensation or fees for services from a | 17 | | person or entity if the person or entity or its parent or | 18 | | subsidiary, during the year immediately preceding termination | 19 | | of State employment, was a party to a State contract or | 20 | | contracts with a cumulative value of $25,000 or more involving | 21 | | the officer, member, or State employee's State agency, or was | 22 | | the subject of a regulatory or licensing decision involving the | 23 | | officer, member, or State employee's State agency, regardless | 24 | | of whether he or she participated personally and substantially | 25 | | in the award of the State contract or contracts or the making | 26 | | of the regulatory or licensing decision in 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; and | 12 | | (6) chiefs of staff, deputy chiefs of staff, associate | 13 | | chiefs of staff, assistant chiefs of staff, and deputy | 14 | | governors. | 15 | | (i) A State employee who holds a Rutan-exempt position and | 16 | | is involuntarily terminated from that position shall not, | 17 | | within a period of 5 years immediately after involuntary | 18 | | termination, knowingly accept employment or receive | 19 | | compensation or fees for services from a person or entity if | 20 | | the person or entity or its parent or subsidiary is a party to | 21 | | a State contract or contracts, regardless of whether the State | 22 | | employee participated personally and substantially in the | 23 | | award of the State contract or contracts. | 24 | | (Source: P.A. 96-555, eff. 8-18-09.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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