Bill Text: IL SB2314 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the State Officials and Employees Ethics Act. Provides that no person who has served as a statewide elected official, the executive or administrative head of a State agency, the deputy executive or administrative head of a State agency, or a member of the General Assembly shall, within 2 years after the termination of service or employment, become a lobbyist. Defines "lobbyist".
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2314 Detail]
Download: Illinois-2019-SB2314-Introduced.html
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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:
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8 | "Appointee" means a person appointed to a position in or | |||||||||||||||||||||
9 | with a State
agency, regardless of whether the position is | |||||||||||||||||||||
10 | compensated.
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11 | "Board members of Regional Transit Boards" means any person | |||||||||||||||||||||
12 | appointed to serve on the governing board of a Regional Transit | |||||||||||||||||||||
13 | 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
political | |||||||||||||||||||||
18 | organization, or the selection, nomination, or election
of | |||||||||||||||||||||
19 | Presidential or Vice-Presidential electors,
but does not | |||||||||||||||||||||
20 | include
activities (i) relating to the support or opposition of | |||||||||||||||||||||
21 | any executive,
legislative, or administrative action (as those | |||||||||||||||||||||
22 | terms are defined in Section 2
of the Lobbyist Registration | |||||||||||||||||||||
23 | Act), (ii) relating to collective bargaining, or
(iii) that are |
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1 | otherwise in furtherance of the person's official State duties.
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2 | "Candidate" means a person who has
filed nominating papers | ||||||
3 | or petitions for nomination or election to an elected
State | ||||||
4 | office, or who has been appointed to fill a vacancy in | ||||||
5 | nomination, and
who remains eligible for placement on the | ||||||
6 | ballot at either a
general primary election or general | ||||||
7 | election.
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8 | "Collective bargaining" has the same meaning as that term | ||||||
9 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
10 | Act.
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11 | "Commission" means an ethics commission created by this | ||||||
12 | Act.
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13 | "Compensated time" means any time worked by or credited to | ||||||
14 | a State employee
that counts
toward any minimum work time | ||||||
15 | requirement imposed as a condition of employment
with a State | ||||||
16 | agency, but does not include any designated State holidays or | ||||||
17 | any
period when the employee is on a
leave of absence.
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18 | "Compensatory time off" means authorized time off earned by | ||||||
19 | or awarded to a
State employee to compensate in whole or in | ||||||
20 | part for time worked in excess of
the minimum work time | ||||||
21 | required
of that employee as a condition of employment with a | ||||||
22 | State agency.
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23 | "Contribution" has the same meaning as that term is defined | ||||||
24 | in Section 9-1.4
of the Election Code.
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25 | "Employee" means (i) any person employed full-time, | ||||||
26 | part-time, or
pursuant to a contract and whose employment |
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1 | duties are subject to the direction
and
control of an employer | ||||||
2 | with regard to the material details of how the work is
to be | ||||||
3 | performed or (ii) any appointed or elected commissioner, | ||||||
4 | trustee, director, or board member of a board of a State | ||||||
5 | agency, including any retirement system or investment board | ||||||
6 | subject to the Illinois Pension Code or (iii) any other | ||||||
7 | appointee.
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8 | "Employment benefits" include but are not limited to the | ||||||
9 | following: modified compensation or benefit terms; compensated | ||||||
10 | time off; or change of title, job duties, or location of office | ||||||
11 | or employment. An employment benefit may also include favorable | ||||||
12 | treatment in determining whether to bring any disciplinary or | ||||||
13 | similar action or favorable treatment during the course of any | ||||||
14 | disciplinary or similar action or other performance review. | ||||||
15 | "Executive branch constitutional officer" means the | ||||||
16 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
17 | State, Comptroller, and Treasurer.
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18 | "Gift" means any gratuity, discount, entertainment, | ||||||
19 | hospitality, loan,
forbearance, or other tangible or | ||||||
20 | intangible item having monetary value
including, but not
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21 | limited to, cash, food and drink, and honoraria for speaking | ||||||
22 | engagements
related to or attributable to government | ||||||
23 | employment or the official position of
an
employee, member, or | ||||||
24 | officer.
The value of a gift may be further defined by rules | ||||||
25 | adopted by the appropriate ethics commission or by the Auditor | ||||||
26 | General for the Auditor General and for employees of the office |
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1 | of the Auditor General.
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2 | "Governmental entity" means a unit of local government | ||||||
3 | (including a community college district) or a school
district | ||||||
4 | but not a State
agency or a Regional Transit Board.
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5 | "Leave of absence" means any period during which a State | ||||||
6 | employee does not
receive (i) compensation for State | ||||||
7 | employment, (ii) service credit towards
State pension | ||||||
8 | benefits, and (iii) health insurance benefits paid for by the
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9 | State.
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10 | "Legislative branch constitutional officer" means a member | ||||||
11 | of the General
Assembly and the Auditor General.
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12 | "Legislative leader" means the President and Minority | ||||||
13 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
14 | House of Representatives.
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15 | "Member" means a member of the General Assembly.
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16 | "Lobbyist" means an individual who, by acting directly, | ||||||
17 | does any of the following: | ||||||
18 | (1) Receives compensation to encourage the passage, | ||||||
19 | defeat, approval, veto, or modification of legislation, a | ||||||
20 | rule, or an executive order by the members of the General | ||||||
21 | Assembly, a State agency, or any statewide elected | ||||||
22 | official. | ||||||
23 | (2) Is a designated representative of an organization | ||||||
24 | which has as one of its purposes the encouragement of the | ||||||
25 | passage, defeat, approval, veto, or modification of | ||||||
26 | legislation, a rule, or an executive order before the |
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1 | General Assembly, a State agency, or any statewide elected | ||||||
2 | official. | ||||||
3 | (3) Represents the position of a federal, State, or | ||||||
4 | local government agency, in which the person serves or is | ||||||
5 | employed as the designated representative, for purposes of | ||||||
6 | encouraging the passage, defeat, approval, veto, or | ||||||
7 | modification of legislation, a rule, or an executive order | ||||||
8 | by members of the General Assembly, a State agency, or any | ||||||
9 | statewide elected official. | ||||||
10 | "Lobbyist" does not include: | ||||||
11 | (1) Officials and employees of a political party | ||||||
12 | organized in the State of Illinois representing more than | ||||||
13 | 2% of the total votes cast for governor in the last | ||||||
14 | preceding general election, but only when representing the | ||||||
15 | political party in an official capacity. | ||||||
16 | (2) Representatives of the news media only when engaged | ||||||
17 | in the reporting and dissemination of news and editorials. | ||||||
18 | (3) All federal, State, and local elected officials, | ||||||
19 | while performing the duties and responsibilities of | ||||||
20 | office. | ||||||
21 | (4) Persons whose activities are limited to | ||||||
22 | appearances to give testimony or provide information or | ||||||
23 | assistance at sessions of committees of the General | ||||||
24 | Assembly or at public hearings of State agencies or who are | ||||||
25 | giving testimony or providing information or assistance at | ||||||
26 | the request of public officials or employees. |
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1 | (5) Members of the staff of the United States Congress | ||||||
2 | or the General Assembly. | ||||||
3 | (6) State agency officials and employees while they are | ||||||
4 | engaged in activities within the agency in which they serve | ||||||
5 | or are employed or with another agency with which the | ||||||
6 | official's or employee's agency is involved in a | ||||||
7 | collaborative project. | ||||||
8 | (7) An individual who is a member, director, trustee, | ||||||
9 | officer, or committee member of a business, trade, labor, | ||||||
10 | farm, professional, religious, education, or charitable | ||||||
11 | association, foundation, or organization who is not paid | ||||||
12 | compensation and is not otherwise specifically designated | ||||||
13 | as a lobbyist under this Act. | ||||||
14 | "Officer" means an executive branch constitutional officer
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15 | or a
legislative branch constitutional officer.
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16 | "Political" means any activity in support
of or in | ||||||
17 | connection with any campaign for elective office or any | ||||||
18 | political
organization, but does not include activities (i) | ||||||
19 | relating to the support or
opposition of any executive, | ||||||
20 | legislative, or administrative action (as those
terms are | ||||||
21 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
22 | relating
to collective bargaining, or (iii) that are
otherwise
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23 | in furtherance of the person's official
State duties or | ||||||
24 | governmental and public service functions.
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25 | "Political organization" means a party, committee, | ||||||
26 | association, fund, or
other organization (whether or not |
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1 | incorporated) that is required to file a
statement of | ||||||
2 | organization with the State Board of Elections or a county | ||||||
3 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
4 | regard to those
activities that require filing with the State | ||||||
5 | Board of Elections or a county
clerk.
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6 | "Prohibited political activity" means:
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7 | (1) Preparing for, organizing, or participating in any
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8 | political meeting, political rally, political | ||||||
9 | demonstration, or other political
event.
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10 | (2) Soliciting contributions, including but not | ||||||
11 | limited to the purchase
of, selling, distributing, or | ||||||
12 | receiving
payment for tickets for any political | ||||||
13 | fundraiser,
political meeting, or other political event.
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14 | (3) Soliciting, planning the solicitation of, or | ||||||
15 | preparing any document or
report regarding any thing of | ||||||
16 | value intended as a campaign contribution.
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17 | (4) Planning, conducting, or participating in a public | ||||||
18 | opinion
poll in connection with a campaign for elective | ||||||
19 | office or on behalf of a
political organization for | ||||||
20 | political purposes or for or against any referendum
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21 | question.
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22 | (5) Surveying or gathering information from potential | ||||||
23 | or actual
voters in an election to determine probable vote | ||||||
24 | outcome in connection with a
campaign for elective office | ||||||
25 | or on behalf of a political organization for
political | ||||||
26 | purposes or for or against any referendum question.
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1 | (6) Assisting at the polls on election day on behalf of | ||||||
2 | any
political organization or candidate for elective | ||||||
3 | office or for or against any
referendum
question.
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4 | (7) Soliciting votes on behalf of a candidate for | ||||||
5 | elective office or a
political organization or for or | ||||||
6 | against any referendum question or helping in
an effort to | ||||||
7 | get voters
to the polls.
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8 | (8) Initiating for circulation, preparing, | ||||||
9 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
10 | a candidate for elective office or for or against any | ||||||
11 | referendum
question.
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12 | (9) Making contributions on behalf
of any candidate for | ||||||
13 | elective office in that capacity or in connection with a
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14 | campaign for elective office.
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15 | (10) Preparing or reviewing responses to candidate | ||||||
16 | questionnaires in
connection with a campaign for elective | ||||||
17 | office or on behalf of a political
organization for | ||||||
18 | political purposes.
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19 | (11) Distributing, preparing for distribution, or | ||||||
20 | mailing campaign
literature, campaign signs, or other | ||||||
21 | campaign material on behalf of any
candidate for elective | ||||||
22 | office or for or against any referendum question.
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23 | (12) Campaigning for any elective
office or for or | ||||||
24 | against any referendum question.
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25 | (13) Managing or working on a campaign for elective
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26 | office or for or against any referendum question.
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1 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
2 | political
party convention.
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3 | (15) Participating in any recount or challenge to the | ||||||
4 | outcome of
any election, except to the extent that under | ||||||
5 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
6 | Constitution each house of the General
Assembly shall judge | ||||||
7 | the elections, returns, and qualifications of its members.
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8 | "Prohibited source" means any person or entity who:
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9 | (1) is seeking official action (i) by the
member or | ||||||
10 | officer or (ii) in the case of an employee, by
the employee
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11 | or by the
member, officer, State agency, or other employee | ||||||
12 | directing the
employee;
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13 | (2) does business or seeks to do business (i) with the
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14 | member or officer or (ii) in the case of an employee,
with | ||||||
15 | the
employee or with the member, officer, State agency, or | ||||||
16 | other
employee directing the
employee;
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17 | (3) conducts activities regulated (i) by the
member or | ||||||
18 | officer or (ii) in the case of an employee, by
the employee | ||||||
19 | or by the member, officer, State agency, or
other employee | ||||||
20 | directing the employee;
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21 | (4) has interests that may be substantially affected by | ||||||
22 | the performance or
non-performance of the official duties | ||||||
23 | of the member, officer, or
employee;
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24 | (5) is registered or required to be registered with the | ||||||
25 | Secretary of State
under the Lobbyist Registration Act, | ||||||
26 | except that an entity not otherwise a
prohibited source |
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1 | does not become a prohibited source merely because a
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2 | registered lobbyist is one of its members or serves on its | ||||||
3 | board of
directors; or | ||||||
4 | (6) is an agent of, a spouse of, or an immediate family | ||||||
5 | member who is living with a "prohibited source".
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6 | "Regional Transit Boards" means (i) the Regional | ||||||
7 | Transportation Authority created by the Regional | ||||||
8 | Transportation Authority Act, (ii) the Suburban Bus Division | ||||||
9 | created by the Regional Transportation Authority Act, (iii) the | ||||||
10 | Commuter Rail Division created by the Regional Transportation | ||||||
11 | Authority Act, and (iv) the Chicago Transit Authority created | ||||||
12 | by the Metropolitan Transit Authority Act. | ||||||
13 | "State agency" includes all officers, boards, commissions | ||||||
14 | and agencies
created by the Constitution, whether in the | ||||||
15 | executive or legislative
branch; all officers,
departments, | ||||||
16 | boards, commissions, agencies, institutions, authorities,
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17 | public institutions of higher learning as defined in Section 2 | ||||||
18 | of the Higher
Education
Cooperation Act (except community | ||||||
19 | colleges), and bodies politic and corporate of the State; and
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20 | administrative
units or corporate outgrowths of the State | ||||||
21 | government which are created by
or pursuant to statute, other | ||||||
22 | than units of local government (including community college | ||||||
23 | districts) and their
officers, school districts, and boards of | ||||||
24 | election commissioners; and all
administrative units and | ||||||
25 | corporate outgrowths of the above and as may be
created by | ||||||
26 | executive order of the Governor. "State agency" includes the |
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1 | General
Assembly, the Senate, the House of Representatives, the | ||||||
2 | President and Minority
Leader of the Senate, the Speaker and | ||||||
3 | Minority Leader of the House of
Representatives, the Senate | ||||||
4 | Operations Commission, and the legislative support
services | ||||||
5 | agencies. "State agency" includes the Office
of the Auditor | ||||||
6 | General. "State agency" does not include the judicial branch.
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7 | "State employee" means any employee of a State agency.
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8 | "Ultimate jurisdictional
authority" means the following:
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9 | (1) For members, legislative partisan staff, and | ||||||
10 | legislative secretaries,
the appropriate
legislative | ||||||
11 | leader: President of the
Senate, Minority Leader of the | ||||||
12 | Senate, Speaker of the House of Representatives,
or | ||||||
13 | Minority Leader of the House of Representatives.
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14 | (2) For State employees who are professional staff or | ||||||
15 | employees of the
Senate and not covered under item (1), the | ||||||
16 | Senate Operations Commission.
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17 | (3) For State employees who are professional staff or | ||||||
18 | employees of the
House of Representatives and not covered | ||||||
19 | under item (1), the Speaker of the
House of | ||||||
20 | Representatives.
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21 | (4) For State employees who are employees of the | ||||||
22 | legislative support
services agencies, the Joint Committee | ||||||
23 | on Legislative Support Services.
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24 | (5) For State employees of the Auditor General, the | ||||||
25 | Auditor General.
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26 | (6) For State employees of public institutions of |
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1 | higher learning as
defined in Section 2 of the Higher | ||||||
2 | Education Cooperation Act (except community colleges), the | ||||||
3 | board of
trustees of the appropriate public institution of | ||||||
4 | higher learning.
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5 | (7) For State employees of an executive branch | ||||||
6 | constitutional officer
other than those described in | ||||||
7 | paragraph (6), the
appropriate executive branch | ||||||
8 | constitutional officer.
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9 | (8) For State employees not under the jurisdiction of | ||||||
10 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
11 | Governor.
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12 | (9) For employees of Regional Transit Boards, the | ||||||
13 | appropriate Regional Transit Board.
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14 | (10) For board members of Regional Transit Boards, the | ||||||
15 | Governor. | ||||||
16 | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528, | ||||||
17 | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
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18 | (5 ILCS 430/5-45)
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19 | Sec. 5-45. Procurement; revolving door prohibition.
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20 | (a) No former officer, member, or State employee, or spouse | ||||||
21 | or
immediate family member living with such person, shall, | ||||||
22 | within a period of one
year immediately after termination of | ||||||
23 | State employment, knowingly accept
employment or receive | ||||||
24 | compensation or fees for services from a person or entity
if | ||||||
25 | the officer, member, or State employee, during the year |
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1 | immediately
preceding termination of State employment, | ||||||
2 | participated personally and
substantially in the award of State | ||||||
3 | contracts, or the issuance of State contract change orders, | ||||||
4 | with a cumulative value
of $25,000
or more to the person or | ||||||
5 | entity, or its parent or subsidiary.
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6 | (a-5) No officer, member, or spouse or immediate family | ||||||
7 | member living with such person shall, during the officer or | ||||||
8 | member's term in office or within a period of 2 years | ||||||
9 | immediately leaving office, hold an ownership interest, other | ||||||
10 | than a passive interest in a publicly traded company, in any | ||||||
11 | gaming license under the Illinois Gambling Act, the Video | ||||||
12 | Gaming Act, the Illinois Horse Racing Act of 1975, or the | ||||||
13 | Sports Wagering Act. Any member of the General Assembly or | ||||||
14 | spouse or immediate family member living with such person who | ||||||
15 | has an ownership interest, other than a passive interest in a | ||||||
16 | publicly traded company, in any gaming license under the | ||||||
17 | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | ||||||
18 | the Video Gaming Act, or the Sports Wagering Act at the time of | ||||||
19 | the effective date of this amendatory Act of the 101st General | ||||||
20 | Assembly shall divest himself or herself of such ownership | ||||||
21 | within one year after the effective date of this amendatory Act | ||||||
22 | of the 101st General Assembly. No State employee who works for | ||||||
23 | the Illinois Gaming Board or Illinois Racing Board or spouse or | ||||||
24 | immediate family member living with such person shall, during | ||||||
25 | State employment or within a period of 2 years immediately | ||||||
26 | after termination of State employment, hold an ownership |
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1 | interest, other than a passive interest in a publicly traded | ||||||
2 | company, in any gaming license under the Illinois Gambling Act, | ||||||
3 | the Video Gaming Act, the Illinois Horse Racing Act of 1975, or | ||||||
4 | the Sports Wagering Act. | ||||||
5 | (a-10) No person who has served as a statewide elected | ||||||
6 | official, the executive or administrative head of a State | ||||||
7 | agency, the deputy executive or administrative head of a State | ||||||
8 | agency, or a member of the General Assembly shall, within 2 | ||||||
9 | years after the termination of service or employment, become a | ||||||
10 | lobbyist. | ||||||
11 | (b) No former officer of the executive branch or State | ||||||
12 | employee of the
executive branch with regulatory or
licensing | ||||||
13 | authority, or spouse or immediate family member living with | ||||||
14 | such
person, shall, within a period of one year immediately | ||||||
15 | after termination of
State employment, knowingly accept | ||||||
16 | employment or receive compensation or fees
for services from a | ||||||
17 | person or entity if the officer
or State
employee, during the | ||||||
18 | year immediately preceding
termination of State employment, | ||||||
19 | participated personally and substantially in making a | ||||||
20 | regulatory or licensing decision that
directly applied to the | ||||||
21 | person or entity, or its parent or subsidiary.
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22 | (c) Within 6 months after the effective date of this | ||||||
23 | amendatory Act of the 96th General Assembly, each executive | ||||||
24 | branch constitutional officer and legislative leader, the | ||||||
25 | Auditor General, and the Joint Committee on Legislative Support | ||||||
26 | Services shall adopt a policy delineating which State positions |
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1 | under his or her jurisdiction and control, by the nature of | ||||||
2 | their duties, may have the authority to participate personally | ||||||
3 | and substantially in the award of State contracts or in | ||||||
4 | regulatory or licensing decisions. The Governor shall adopt | ||||||
5 | such a policy for all State employees of the executive branch | ||||||
6 | not under the jurisdiction and control of any other executive | ||||||
7 | branch constitutional officer.
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8 | The policies required under subsection (c) of this Section | ||||||
9 | shall be filed with the appropriate ethics commission | ||||||
10 | established under this Act or, for the Auditor General, with | ||||||
11 | the Office of the Auditor General. | ||||||
12 | (d) Each Inspector General shall have the authority to | ||||||
13 | determine that additional State positions under his or her | ||||||
14 | jurisdiction, not otherwise subject to the policies required by | ||||||
15 | subsection (c) of this Section, are nonetheless subject to the | ||||||
16 | notification requirement of subsection (f) below due to their | ||||||
17 | involvement in the award of State contracts or in regulatory or | ||||||
18 | licensing decisions. | ||||||
19 | (e) The Joint Committee on Legislative Support Services, | ||||||
20 | the Auditor General, and each of the executive branch | ||||||
21 | constitutional officers and legislative leaders subject to | ||||||
22 | subsection (c) of this Section shall provide written | ||||||
23 | notification to all employees in positions subject to the | ||||||
24 | policies required by subsection (c) or a determination made | ||||||
25 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
26 | into the relevant position; and (2) at the time the employee's |
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1 | duties are changed in such a way as to qualify that employee. | ||||||
2 | An employee receiving notification must certify in writing that | ||||||
3 | the person was advised of the prohibition and the requirement | ||||||
4 | to notify the appropriate Inspector General in subsection (f). | ||||||
5 | (f) Any State employee in a position subject to the | ||||||
6 | policies required by subsection (c) or to a determination under | ||||||
7 | subsection (d), but who does not fall within the prohibition of | ||||||
8 | subsection (h) below, who is offered non-State employment | ||||||
9 | during State employment or within a period of one year | ||||||
10 | immediately after termination of State employment shall, prior | ||||||
11 | to accepting such non-State employment, notify the appropriate | ||||||
12 | Inspector General. Within 10 calendar days after receiving | ||||||
13 | notification from an employee in a position subject to the | ||||||
14 | policies required by subsection (c), such Inspector General | ||||||
15 | shall make a determination as to whether the State employee is | ||||||
16 | restricted from accepting such employment by subsection (a) or | ||||||
17 | (b). In making a determination, in addition to any other | ||||||
18 | relevant information, an Inspector General shall assess the | ||||||
19 | effect of the prospective employment or relationship upon | ||||||
20 | decisions referred to in subsections (a) and (b), based on the | ||||||
21 | totality of the participation by the former officer, member, or | ||||||
22 | State employee in those decisions. A determination by an | ||||||
23 | Inspector General must be in writing, signed and dated by the | ||||||
24 | Inspector General, and delivered to the subject of the | ||||||
25 | determination within 10 calendar days or the person is deemed | ||||||
26 | eligible for the employment opportunity. For purposes of this |
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1 | subsection, "appropriate Inspector General" means (i) for | ||||||
2 | members and employees of the legislative branch, the | ||||||
3 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
4 | employees of the Office of the Auditor General, the Inspector | ||||||
5 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
6 | executive branch officers and employees, the Inspector General | ||||||
7 | having jurisdiction over the officer or employee. Notice of any | ||||||
8 | determination of an Inspector General and of any such appeal | ||||||
9 | shall be given to the ultimate jurisdictional authority, the | ||||||
10 | Attorney General, and the Executive Ethics Commission. | ||||||
11 | (g) An Inspector General's determination regarding | ||||||
12 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
13 | appropriate Ethics Commission by the person subject to the | ||||||
14 | decision or the Attorney General no later than the 10th | ||||||
15 | calendar day after the date of the determination. | ||||||
16 | On appeal, the Ethics Commission or Auditor General shall | ||||||
17 | seek, accept, and consider written public comments regarding a | ||||||
18 | determination. In deciding whether to uphold an Inspector | ||||||
19 | General's determination, the appropriate Ethics Commission or | ||||||
20 | Auditor General shall assess, in addition to any other relevant | ||||||
21 | information, the effect of the prospective employment or | ||||||
22 | relationship upon the decisions referred to in subsections (a) | ||||||
23 | and (b), based on the totality of the participation by the | ||||||
24 | former officer, member, or State employee in those decisions. | ||||||
25 | The Ethics Commission shall decide whether to uphold an | ||||||
26 | Inspector General's determination within 10 calendar days or |
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1 | the person is deemed eligible for the employment opportunity. | ||||||
2 | (h) The following officers, members, or State employees | ||||||
3 | shall not, within a period of one year immediately after | ||||||
4 | termination of office or State employment, knowingly accept | ||||||
5 | employment or receive compensation or fees for services from a | ||||||
6 | person or entity if the person or entity or its parent or | ||||||
7 | subsidiary, during the year immediately preceding termination | ||||||
8 | of State employment, was a party to a State contract or | ||||||
9 | contracts with a cumulative value of $25,000 or more involving | ||||||
10 | the officer, member, or State employee's State agency, or was | ||||||
11 | the subject of a regulatory or licensing decision involving the | ||||||
12 | officer, member, or State employee's State agency, regardless | ||||||
13 | of whether he or she participated personally and substantially | ||||||
14 | in the award of the State contract or contracts or the making | ||||||
15 | of the regulatory or licensing decision in question: | ||||||
16 | (1) members or officers; | ||||||
17 | (2) members of a commission or board created by the | ||||||
18 | Illinois Constitution; | ||||||
19 | (3) persons whose appointment to office is subject to | ||||||
20 | the advice and consent of the Senate; | ||||||
21 | (4) the head of a department, commission, board, | ||||||
22 | division, bureau, authority, or other administrative unit | ||||||
23 | within the government of this State; | ||||||
24 | (5) chief procurement officers, State purchasing | ||||||
25 | officers, and their designees whose duties are directly | ||||||
26 | related to State procurement; |
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1 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
2 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
3 | governors; | ||||||
4 | (7) employees of the Illinois Racing Board; and | ||||||
5 | (8) employees of the Illinois Gaming Board. | ||||||
6 | (i) For the purposes of this Section, with respect to | ||||||
7 | officers or employees of a regional transit board, as defined | ||||||
8 | in this Act, the phrase "person or entity" does not include: | ||||||
9 | (i) the United States government, (ii) the State, (iii) | ||||||
10 | municipalities, as defined under Article VII, Section 1 of the | ||||||
11 | Illinois Constitution, (iv) units of local government, as | ||||||
12 | defined under Article VII, Section 1 of the Illinois | ||||||
13 | Constitution, or (v) school districts. | ||||||
14 | (Source: P.A. 101-31, eff. 6-28-19.)
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