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1 | AN ACT in relation to gambling.
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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 Riverboat Gambling Act is amended by adding | ||||||||||||||||||||||||||
5 | Sections 5.2 and 5.3 as
follows:
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6 | (230 ILCS 10/5.2 new)
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7 | Sec. 5.2. Revolving door prohibition. A former member or
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8 | employee of the Board may not, within a period of 2 years | ||||||||||||||||||||||||||
9 | immediately after
termination of such membership or | ||||||||||||||||||||||||||
10 | employment, accept employment or receive
compensation from an | ||||||||||||||||||||||||||
11 | employer that: (1) is an organization licensee under the
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12 | Illinois Horse Racing Act of 1975 or an owners licensee; or (2) | ||||||||||||||||||||||||||
13 | derives 50%
or more of its gross income from a contract or | ||||||||||||||||||||||||||
14 | contracts with one or more
organization licensees or owners | ||||||||||||||||||||||||||
15 | licensees. This prohibition includes but is
not limited to: | ||||||||||||||||||||||||||
16 | lobbying the procurement process; specifying; bidding;
and | ||||||||||||||||||||||||||
17 | proposing bid, proposal, or contract documents, on his or her | ||||||||||||||||||||||||||
18 | own behalf or on
behalf of any firm, partnership, association, | ||||||||||||||||||||||||||
19 | or corporation.
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20 | A former member of the Board or a former employee of the | ||||||||||||||||||||||||||
21 | Board who was
employed by the Board for at least 6 months and | ||||||||||||||||||||||||||
22 | whose principal duties were
directly related to procurement is | ||||||||||||||||||||||||||
23 | expressly prohibited for a period of 2
years after terminating | ||||||||||||||||||||||||||
24 | membership or employment from engaging in any
procurement | ||||||||||||||||||||||||||
25 | activity relating to the Board. The prohibition includes but is | ||||||||||||||||||||||||||
26 | not
limited to: lobbying the procurement process; specifying; | ||||||||||||||||||||||||||
27 | bidding; and proposing
bid, proposal, or contract documents, on | ||||||||||||||||||||||||||
28 | his or her own behalf or on behalf of any
firm, partnership, | ||||||||||||||||||||||||||
29 | association, or corporation.
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30 | This Section applies only to persons who terminate | ||||||||||||||||||||||||||
31 | membership or employment
with the Board on or after the | ||||||||||||||||||||||||||
32 | effective date of this amendatory Act of the
93rd General |
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1 | Assembly.
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2 | (230 ILCS 10/5.3 new)
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3 | Sec. 5.3. Code of conduct. | ||||||
4 | (a) Purpose. The purpose of this Section is to create a | ||||||
5 | code of conduct to assure, to the maximum extent possible, that | ||||||
6 | persons subject to this Act avoid situations, relationships, or | ||||||
7 | associations that may lead to or represent a
conflict of | ||||||
8 | interest. If an employee of the Board has a question
or concern | ||||||
9 | as to the applicability of this Section to a current or
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10 | prospective situation, relationship, or association, he or she | ||||||
11 | must present the question or concern to the Chairman of the | ||||||
12 | Board or
the Administrator for clarification or guidance. | ||||||
13 | Members and employees of the Board are to discharge their | ||||||
14 | duties
and responsibilities with undivided loyalty to the Board | ||||||
15 | and in
such a manner as to promote and preserve public trust | ||||||
16 | and
confidence in the integrity of the conduct of gaming and in | ||||||
17 | the
integrity and impartiality of the Board. No Board member or
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18 | employee shall use or attempt to use his or her official | ||||||
19 | position to
secure or attempt to secure any privilege, | ||||||
20 | advantage, favor, or
influence for himself, herself, or others. | ||||||
21 | Members and employees
of the Board shall bear responsibility | ||||||
22 | for adherence to this policy
and to the specific prohibitions | ||||||
23 | and restrictions set forth in this Section.
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24 | Certain of the prohibitions in this Section affect or | ||||||
25 | extend to the parents and children of Board members and | ||||||
26 | employees. For purposes of this Section, these include the | ||||||
27 | blood lineal relations of Board members and employees and, in | ||||||
28 | the case of children, legally adopted children. It is | ||||||
29 | recognized that, in some cases, Board members and employees may | ||||||
30 | have limited influence over the decisions of their relatives. | ||||||
31 | This limited influence will be taken into consideration in | ||||||
32 | evaluating the circumstances of a violation or a potential | ||||||
33 | violation of this Section that involves the lineal relatives of | ||||||
34 | a Board member or employee.
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35 | Board members and employees and their respective spouses, |
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1 | parents, and children have an affirmative duty to avoid | ||||||
2 | relationships that may cause or have the appearance of causing | ||||||
3 | a conflict of interest.
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4 | (a-5) Definitions. For the purposes of this Section: | ||||||
5 | (1) The term "key person" means a key person as defined | ||||||
6 | by the Board in administrative rules. | ||||||
7 | (2) The term "horse racing representative" means a | ||||||
8 | representative of any race track under the Illinois Horse | ||||||
9 | Racing Act of 1975, any racing association, or any person, | ||||||
10 | organization, or entity engaged in the conducting of horse | ||||||
11 | racing under the Illinois Horse Racing Act of 1975.
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12 | (3) The term "Board employee" or "employee of the | ||||||
13 | Board" means any State employee in the service of the | ||||||
14 | Board.
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15 | (4) The term "conflict of interest" means a situation | ||||||
16 | in which a Board member's or a Board employee's private | ||||||
17 | interest, whether personal, financial, or otherwise, | ||||||
18 | influences or creates the appearance that it may influence | ||||||
19 | the Board member's or employee's judgment in the | ||||||
20 | performance of his or her regulatory duties and | ||||||
21 | responsibilities in a fair and impartial manner.
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22 | (5) The term "professional service agents of the Board" | ||||||
23 | means any person, corporation, or organization providing | ||||||
24 | legal, accounting, financial, public relations, auditing, | ||||||
25 | architectural, data processing, or management consulting | ||||||
26 | services to the Board.
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27 | (b) Gambling. Except as may be required in the conduct of | ||||||
28 | official duties, Board members and employees shall not engage | ||||||
29 | in gambling on any riverboat licensed by the Board or engage in | ||||||
30 | legalized gambling in any establishment identified by Board | ||||||
31 | action that, in the judgment of the Board, could represent a | ||||||
32 | potential for a conflict of interest.
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33 | (c) Outside employment. Board members and employees shall | ||||||
34 | not hold or pursue employment, an office, a position, business, | ||||||
35 | or an occupation that may conflict with their official duties. | ||||||
36 | Employees may engage in other gainful employment that does not |
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1 | interfere or conflict with their duties, provided that the | ||||||
2 | employment is disclosed to the Administrator and the Board and | ||||||
3 | approved by the Board or, as delegated, by the Administrator.
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4 | Disclosure of outside employment must be made at the time | ||||||
5 | of appointment to the Board or at the time the employee is | ||||||
6 | hired to work for the Board or prior to accepting the outside | ||||||
7 | employment. Any Board member who discloses outside employment | ||||||
8 | to the Board shall recuse himself or herself from any | ||||||
9 | discussion and decision made by the Board relative to his or | ||||||
10 | her outside employment.
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11 | (d) Restrictions on receiving gifts. Board members and | ||||||
12 | employees and their spouses, children, and parents may not, | ||||||
13 | directly or indirectly, accept any gift, gratuity, service, | ||||||
14 | compensation, travel, lodging, or thing of value, with the | ||||||
15 | exception of unsolicited items of an incidental nature, from | ||||||
16 | licensees or their affiliates, applicants or their affiliates, | ||||||
17 | key persons, or horse racing representatives. This prohibition | ||||||
18 | may be extended by Board action to any entity or individual | ||||||
19 | that, in the judgment of the Board, could represent a potential | ||||||
20 | for a conflict of interest.
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21 | (e) Prohibition on holding or acquiring ownership. Board | ||||||
22 | members and employees of the Board, their spouses, children, | ||||||
23 | and parents may not, directly or indirectly, hold or acquire or | ||||||
24 | cause or encourage any other person to acquire any actual or | ||||||
25 | contingent form of ownership interest or other financial
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26 | interest in licensees or their affiliates, applicants or their | ||||||
27 | affiliates, key persons, or horse racing representatives. This | ||||||
28 | prohibition may extend to the holding or
acquisition of an | ||||||
29 | interest in any entity identified by Board action
that, in the | ||||||
30 | judgment of the Board, could represent the potential
for or the | ||||||
31 | appearance of a conflict of interest. The holding or
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32 | acquisition of an interest in those entities through an | ||||||
33 | indirect
means, such as through a mutual fund, is not | ||||||
34 | prohibited, except that the Board may identify specific | ||||||
35 | investments or funds that, in its judgment, are so influenced | ||||||
36 | by gaming holdings as to represent the potential for or the |
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1 | appearance of a conflict of interest.
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2 | Board members, upon leaving office, and employees of the | ||||||
3 | Board,
upon termination from employment with the Board, are | ||||||
4 | precluded
for a period of one year from the acquisition of any | ||||||
5 | actual or
contingent form of ownership interest or other | ||||||
6 | financial interest
in licensees or their affiliates, | ||||||
7 | applicants or their affiliates, key persons, or
horse racing | ||||||
8 | representatives. This prohibition may be extended by Board
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9 | action to any entity that, in the judgment of the Board, could
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10 | represent a potential for or the appearance of a conflict of | ||||||
11 | interest.
The holding or acquisition of an interest in such | ||||||
12 | entities through
an indirect means, such as through a mutual | ||||||
13 | fund, is not
prohibited, except that the Board may identify | ||||||
14 | specific investments or funds that, in its judgment, are so | ||||||
15 | influenced by gaming holdings as to represent the potential for | ||||||
16 | or the appearance of a conflict of interest.
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17 | (f) Prohibition on economic association. Board members and | ||||||
18 | employees of the Board and their spouses, children, and parents | ||||||
19 | shall not be directly or indirectly employed by, under contract | ||||||
20 | with, or have any economic association
with any licensee or its | ||||||
21 | affiliates, applicant or its affiliates, key person, or horse | ||||||
22 | racing representative. This prohibition may be extended to any | ||||||
23 | entity or individual identified by Board action that, in the | ||||||
24 | judgment of the Board, could represent the potential for or the | ||||||
25 | appearance of a conflict of interest. This prohibition on | ||||||
26 | economic association may by waived by Board action for a child | ||||||
27 | or parent of an employee of the Board.
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28 | (g) Disclosure of economic association. Each Board member | ||||||
29 | who owns or is employed by a firm or business entity shall, to | ||||||
30 | the best of his or her ability, identify any current economic | ||||||
31 | relationship, direct or indirect, representing the potential | ||||||
32 | for or the appearance of a conflict of interest that may exist | ||||||
33 | between the Board member's firm or business entity and any | ||||||
34 | licensee or its affiliates, applicant or its affiliates, key | ||||||
35 | person, or horse racing representative. The Board member must | ||||||
36 | declare his or her intention to refrain from deliberations and |
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1 | voting on decisions related to the gaming entity in that | ||||||
2 | relationship. This requirement may be extended by Board action | ||||||
3 | to any entity or individual that, in the judgment of the Board, | ||||||
4 | could represent the potential for or the appearance of a | ||||||
5 | conflict of interest.
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6 | (h) Restrictions on professional service agents. | ||||||
7 | Professional service agents of the Board may be subject to | ||||||
8 | terms and conditions relating to restrictions or prohibitions | ||||||
9 | in representation, employment, and contracting with licensees | ||||||
10 | and their affiliates, applicants and their affiliates, key | ||||||
11 | persons, and horse racing representatives. These restrictions | ||||||
12 | and prohibitions shall be contained in the professional service | ||||||
13 | contracts of the Board. | ||||||
14 | (i) Disclosure statements. Board members and employees | ||||||
15 | must complete and timely file the statement of economic | ||||||
16 | interest required under Article 4A of the Illinois Governmental | ||||||
17 | Ethics Act, a copy of which must be provided to the | ||||||
18 | Administrator.
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19 | (j) Past Board affiliation or employment. A former Board | ||||||
20 | member or employee shall not, for a period of one year after | ||||||
21 | termination of his or her Board appointment or employment, | ||||||
22 | engage in any employment or contractual relations with or have | ||||||
23 | any financial interest in any licensee or its affiliate, | ||||||
24 | applicant or its affiliate, key person, or horse racing | ||||||
25 | representative.
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26 | The prohibitions set forth in this subsection (j) may be | ||||||
27 | extended by Board action to employment with any entity or | ||||||
28 | individual that, in the judgment of the Board, could represent | ||||||
29 | the potential for or the appearance of a conflict of interest.
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30 | The prohibitions set forth in this subsection (j) may be | ||||||
31 | waived by Board action for an employee if, in the judgment of | ||||||
32 | the Board, the employee was not involved in any way with any | ||||||
33 | issue or transaction before or under investigation by the Board | ||||||
34 | relative to any prospective employer during the employee's last | ||||||
35 | year of employment with the Board. This waiver provision is not | ||||||
36 | available to the Board Administrator, Deputy Administrators, |
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1 | or legal counsel.
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2 | (k) Prohibition on negotiations for employment. Board | ||||||
3 | members and their representatives and employees of the Board | ||||||
4 | and their representatives shall not initiate or participate in | ||||||
5 | any negotiation or discussion of employment with any licensee | ||||||
6 | or its affiliate, applicant or its affiliate, key person, or | ||||||
7 | horse racing representative. A Board member or his or her | ||||||
8 | representative or employee of the Board or his or her | ||||||
9 | representative who initiates or participates in any | ||||||
10 | negotiation or discussion of employment with any licensee or | ||||||
11 | its affiliate, applicant or its affiliate, key person, or horse | ||||||
12 | racing representative must immediately provide written notice | ||||||
13 | of the details of the negotiation or discussion to the | ||||||
14 | Administrator and Chairman of the Board as soon as the | ||||||
15 | negotiation or discussion has occurred.
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16 | (l) Restrictions on post-employment appearances and | ||||||
17 | discussions. A Board member or employee who leaves the | ||||||
18 | employment of the Board for any reason may not:
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19 | (1) appear before the Board on any matter before the | ||||||
20 | Board or an administrative law judge appointed by the Board | ||||||
21 | or on any matter under investigation by the Board relative | ||||||
22 | to a licensee or its affiliates, applicant or its their | ||||||
23 | affiliates, key person, or horse racing representative; or
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24 | (2) engage in any discussion with any Board member or | ||||||
25 | employee regarding any specific licensee or its | ||||||
26 | affiliates, applicant or its affiliates, key person, or | ||||||
27 | horse racing representative for a period of one year | ||||||
28 | following the termination of the Board member's or | ||||||
29 | employee's tenure or employment with the Board.
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30 | The prohibitions set forth in item (2) of this subsection | ||||||
31 | (l) may be waived by Board action for an employee if, in the | ||||||
32 | judgment of the Board, the employee was not involved in any way | ||||||
33 | with any issue before or under investigation by the Board | ||||||
34 | relative to any prospective employer during the employee's last | ||||||
35 | year of employment with the Board. The waiver provisions set | ||||||
36 | forth in this Section are not available to the Board |
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1 | Administrator, Deputy Administrators, or legal counsel.
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2 | (m) Violations. Violation of this Section by a member of | ||||||
3 | the Board may result in sanctions up to and including removal | ||||||
4 | from the Board. Violation of this Section by an employee or | ||||||
5 | agent of the Board may result in discipline up to and including | ||||||
6 | termination.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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