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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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)
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7 | Sec. 5-45. Procurement; revolving door prohibition.
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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.
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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.
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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.
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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 | (h-5) A member of the General Assembly may not be | ||||||
16 | registered as a lobbyist, or make expenditures, receive | ||||||
17 | compensation, or receive reimbursement for actual expenses for | ||||||
18 | lobbying, within a period of 5 years immediately after | ||||||
19 | termination of the member's most recent term of office. | ||||||
20 | (i) For the purposes of this Section, with respect to | ||||||
21 | officers or employees of a regional transit board, as defined | ||||||
22 | in this Act, the phrase "person or entity" does not include: | ||||||
23 | (i) the United States government, (ii) the State, (iii) | ||||||
24 | municipalities, as defined under Article VII, Section 1 of the | ||||||
25 | Illinois Constitution, (iv) units of local government, as | ||||||
26 | defined under Article VII, Section 1 of the Illinois |
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1 | Constitution, or (v) school districts. | ||||||
2 | (Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12 .)
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