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1 | AN ACT concerning 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 Sections 1-5 and 5-45 as follows:
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6 | (5 ILCS 430/1-5)
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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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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-7) No person who has served as a statewide elected | ||||||
13 | official, the executive or administrative head of a State | ||||||
14 | agency, the deputy executive or administrative head of a State | ||||||
15 | agency, or a member of the General Assembly shall, within 2 | ||||||
16 | years after the termination of service or employment, become a | ||||||
17 | lobbyist. | ||||||
18 | (a-10) This subsection (a-10) applies on and after June | ||||||
19 | 25, 2021. No officer, member, or spouse or immediate family | ||||||
20 | member living with such person, shall, during the officer or | ||||||
21 | member's term in office or within a period of 2 years | ||||||
22 | immediately after leaving office, hold an ownership interest, | ||||||
23 | other than a passive interest in a publicly traded company, in | ||||||
24 | any cannabis business establishment which is licensed under | ||||||
25 | the Cannabis Regulation and Tax Act. Any member of the General | ||||||
26 | Assembly or spouse or immediate family member living with such |
| |||||||
| |||||||
1 | person who has an ownership interest, other than a passive | ||||||
2 | interest in a publicly traded company, in any cannabis | ||||||
3 | business establishment which is licensed under the Cannabis | ||||||
4 | Regulation and Tax Act at the time of the effective date of | ||||||
5 | this amendatory Act of the 101st General Assembly shall divest | ||||||
6 | himself or herself of such ownership within one year after the | ||||||
7 | effective date of this amendatory Act of the 101st General | ||||||
8 | Assembly. | ||||||
9 | No State employee who works for any State agency that | ||||||
10 | regulates cannabis business establishment license holders who | ||||||
11 | participated personally and substantially in the award of | ||||||
12 | licenses under the Cannabis Regulation and Tax Act or a spouse | ||||||
13 | or immediate family member living with such person shall, | ||||||
14 | during State employment or within a period of 2 years | ||||||
15 | immediately after termination of State employment, hold an | ||||||
16 | ownership interest, other than a passive interest in a | ||||||
17 | publicly traded company, in any cannabis license under the | ||||||
18 | Cannabis Regulation and Tax Act. | ||||||
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, |
| |||||||
| |||||||
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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