Full Text of SB0742 095th General Assembly
SB0742 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0742
Introduced 2/8/2007, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/5-45 |
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30 ILCS 500/50-30 |
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Amends the State Officials and Employees Ethics Act. Prohibits an officer, member, or State employee, for one year after most recently commencing State service, from knowingly participating in procurement, regulatory, or licensing decisions directly related to a person or entity that employed or compensated that officer, member, or employee, or his or her spouse or certain family members, during the year before the commencement of State employment. Permits waivers of the prohibitions on the same basis as the Act's current revolving door prohibition. Amends the Illinois Procurement Code. Prohibits specified procurement officials and executive officers confirmed by the Senate, during the first year in that position, from making procurement decisions relating to a person or entity that employed or compensated the official during the 2 years before commencing the affected position. Effective immediately.
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A BILL FOR
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SB0742 |
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LRB095 06867 JAM 26985 b |
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| AN ACT concerning ethics.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| Sec. 5-45. Procurement; revolving door prohibition.
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| (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 decision to | 16 |
| award State contracts with a cumulative value
of over $25,000
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| to the person or entity, or its parent or subsidiary.
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| (a-5) No officer, member, or State employee shall, within a | 19 |
| period of one year immediately after the most recent | 20 |
| commencement of State employment, knowingly participate | 21 |
| personally and substantially in the decision to award State | 22 |
| contracts with a cumulative value of over $25,000 to a person | 23 |
| or entity, or its parent or subsidiary, that employed, or |
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SB0742 |
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LRB095 06867 JAM 26985 b |
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| compensated for services, the officer, member, or State | 2 |
| employee, or spouse or immediate family member living with such | 3 |
| person, during the year immediately preceding that | 4 |
| commencement of State employment.
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| (b) No former officer of the executive branch or State | 6 |
| employee of the
executive branch with regulatory or
licensing | 7 |
| authority, or spouse or immediate family member living with | 8 |
| such
person, shall, within a period of one year immediately | 9 |
| after termination of
State employment, knowingly accept | 10 |
| employment or receive compensation of fees
for services from a | 11 |
| person or entity if the officer
or State
employee, during the | 12 |
| year immediately preceding
termination of State employment, | 13 |
| made a regulatory or licensing decision that
directly applied | 14 |
| to the person or entity, or its parent or subsidiary.
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| (b-5) No officer of the executive branch or State employee | 16 |
| of the executive branch with regulatory or licensing authority | 17 |
| shall, within a period of one year immediately after the most | 18 |
| recent commencement of State employment, knowingly make a | 19 |
| regulatory or licensing decision that directly applies to a | 20 |
| person or entity, or its parent or subsidiary, that employed, | 21 |
| or compensated for services, the officer or State employee, or | 22 |
| spouse or immediate family member living with such person, | 23 |
| during the year immediately preceding that commencement of | 24 |
| State employment.
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| (c) The requirements of this Section may be waived
(i) for | 26 |
| the executive
branch, in writing by
the Executive Ethics |
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| Commission, (ii) for the
legislative branch, in writing by
the | 2 |
| Legislative Ethics Commission, and (iii) for the
Auditor | 3 |
| General, in writing by the Auditor General.
During the time | 4 |
| period from the effective date of this amendatory Act of the
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| 93rd General Assembly until the Executive Ethics Commission | 6 |
| first meets, the
requirements of this Section may be waived in | 7 |
| writing by the appropriate
ultimate jurisdictional authority. | 8 |
| During the time period from the
effective date of this | 9 |
| amendatory Act of the 93rd General Assembly until the
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| Legislative Ethics Commission first meets, the requirements of | 11 |
| this Section may
be waived in writing by the appropriate | 12 |
| ultimate jurisdictional authority.
The waiver shall be granted
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| upon a showing that (i) the
prospective
employment or | 14 |
| relationship did not affect the decisions referred to in | 15 |
| subsections
sections
(a) and (b) or (ii) the previous | 16 |
| employment or relationship does not affect the decisions | 17 |
| referred to in subsections (a-5) and (b-5) .
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| (d) This Section applies only to persons who , in the case | 19 |
| of subsection (a) or (b), terminate an affected position
on or | 20 |
| after the effective date of this amendatory Act of the 93rd | 21 |
| General
Assembly or, in the case of subsection (a-5) or (b-5), | 22 |
| commence an affected position on or after the effective date of | 23 |
| this amendatory Act of the 95th General Assembly .
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 25 |
| Section 10. The Illinois Procurement Code is amended by |
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| changing Section 50-30 as follows: | 2 |
| (30 ILCS 500/50-30)
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| Sec. 50-30. Revolving door prohibition.
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| (a) Chief procurement officers, associate procurement | 5 |
| officers, State
purchasing
officers, their designees whose | 6 |
| principal duties are directly related to State
procurement, and | 7 |
| executive officers confirmed by the Senate are expressly
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| prohibited for a period of 2 years after terminating an | 9 |
| affected position from
engaging in any procurement activity | 10 |
| relating to the State agency most recently
employing them in an | 11 |
| affected position for a period of at least 6 months. The
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| prohibition includes but is not limited to: lobbying the | 13 |
| procurement process;
specifying; bidding; proposing bid, | 14 |
| proposal, or contract documents; on their
own behalf or on | 15 |
| behalf of any firm, partnership, association, or corporation.
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| This subsection applies only to persons who terminate an
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| affected position on or
after January 15, 1999.
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| (a-5) Chief procurement officers, associate procurement | 19 |
| officers, State purchasing officers, their designees whose | 20 |
| principal duties are directly related to State procurement, and | 21 |
| executive officers confirmed by the Senate are expressly | 22 |
| prohibited for a period of one year after most recently | 23 |
| commencing an affected position from engaging in any | 24 |
| procurement activity relating to any person or entity, or its | 25 |
| parent or subsidiary, that employed, or compensated for |
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LRB095 06867 JAM 26985 b |
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| services, the chief procurement officer, associate procurement | 2 |
| officer, State purchasing officer, designee, or executive | 3 |
| officer during the 2 years immediately preceding that | 4 |
| commencement of the affected position.
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| (b) In addition to any other
provisions of this Code, | 6 |
| employment of former State employees and the activity of | 7 |
| procurement officials, their designees, and executive officers | 8 |
| are
is subject to the
State Officials and Employees Ethics Act.
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| (Source: P.A. 93-615, eff. 11-19-03.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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