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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3164 Introduced 2/15/2018, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
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| 5 ILCS 420/2-115 new | | 5 ILCS 430/5-45 | |
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Amends the Illinois Governmental Ethics Act. Provides that no legislator may negotiate for employment with a lobbying entity that engages in lobbying with members of the General Assembly during the legislator's term of office. Amends the State Officials and Employees Ethics Act. Provides that a member may not, within a period of one year immediately after termination of the member's most recent term of office, engage in lobbying with members of the General Assembly, if the member accepts compensation specifically attributable to that lobbying.
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| | A BILL FOR |
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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 Illinois Governmental Ethics Act is amended |
| 5 | | by adding Section 2-115 as follows:
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| 6 | | (5 ILCS 420/2-115 new) |
| 7 | | Sec. 2-115. Future employment with lobbying entity. No |
| 8 | | legislator may, during his or her term of office, negotiate for |
| 9 | | employment with a lobbying entity, as that term is defined in |
| 10 | | Section 2 of the Lobbyist Registration Act, if that lobbying |
| 11 | | entity engages in lobbying with members of the General Assembly |
| 12 | | during the legislator's term of office.
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| 13 | | Section 10. The State Officials and Employees Ethics Act is |
| 14 | | amended by changing Section 5-45 as follows:
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| 15 | | (5 ILCS 430/5-45)
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| 16 | | Sec. 5-45. Procurement; revolving door prohibition.
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| 17 | | (a) No former officer, member, or State employee, or spouse |
| 18 | | or
immediate family member living with such person, shall, |
| 19 | | within a period of one
year immediately after termination of |
| 20 | | State employment, knowingly accept
employment or receive |
| 21 | | compensation or fees for services from a person or entity
if |
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| 1 | | the officer, member, or State employee, during the year |
| 2 | | immediately
preceding termination of State employment, |
| 3 | | participated personally and
substantially in the award of State |
| 4 | | contracts, or the issuance of State contract change orders, |
| 5 | | with a cumulative value
of $25,000
or more to the person or |
| 6 | | entity, or its parent or subsidiary.
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| 7 | | (b) No former officer of the executive branch or State |
| 8 | | employee of the
executive branch with regulatory or
licensing |
| 9 | | authority, or spouse or immediate family member living with |
| 10 | | such
person, shall, within a period of one year immediately |
| 11 | | after termination of
State employment, knowingly accept |
| 12 | | employment or receive compensation or fees
for services from a |
| 13 | | person or entity if the officer
or State
employee, during the |
| 14 | | year immediately preceding
termination of State employment, |
| 15 | | participated personally and substantially in making a |
| 16 | | regulatory or licensing decision that
directly applied to the |
| 17 | | person or entity, or its parent or subsidiary.
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| 18 | | (c) Within 6 months after the effective date of this |
| 19 | | amendatory Act of the 96th General Assembly, each executive |
| 20 | | branch constitutional officer and legislative leader, the |
| 21 | | Auditor General, and the Joint Committee on Legislative Support |
| 22 | | Services shall adopt a policy delineating which State positions |
| 23 | | under his or her jurisdiction and control, by the nature of |
| 24 | | their duties, may have the authority to participate personally |
| 25 | | and substantially in the award of State contracts or in |
| 26 | | regulatory or licensing decisions. The Governor shall adopt |
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| 1 | | such a policy for all State employees of the executive branch |
| 2 | | not under the jurisdiction and control of any other executive |
| 3 | | branch constitutional officer.
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| 4 | | The policies required under subsection (c) of this Section |
| 5 | | shall be filed with the appropriate ethics commission |
| 6 | | established under this Act or, for the Auditor General, with |
| 7 | | the Office of the Auditor General. |
| 8 | | (d) Each Inspector General shall have the authority to |
| 9 | | determine that additional State positions under his or her |
| 10 | | jurisdiction, not otherwise subject to the policies required by |
| 11 | | subsection (c) of this Section, are nonetheless subject to the |
| 12 | | notification requirement of subsection (f) below due to their |
| 13 | | involvement in the award of State contracts or in regulatory or |
| 14 | | licensing decisions. |
| 15 | | (e) The Joint Committee on Legislative Support Services, |
| 16 | | the Auditor General, and each of the executive branch |
| 17 | | constitutional officers and legislative leaders subject to |
| 18 | | subsection (c) of this Section shall provide written |
| 19 | | notification to all employees in positions subject to the |
| 20 | | policies required by subsection (c) or a determination made |
| 21 | | under subsection (d): (1) upon hiring, promotion, or transfer |
| 22 | | into the relevant position; and (2) at the time the employee's |
| 23 | | duties are changed in such a way as to qualify that employee. |
| 24 | | An employee receiving notification must certify in writing that |
| 25 | | the person was advised of the prohibition and the requirement |
| 26 | | to notify the appropriate Inspector General in subsection (f). |
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| 1 | | (f) Any State employee in a position subject to the |
| 2 | | policies required by subsection (c) or to a determination under |
| 3 | | subsection (d), but who does not fall within the prohibition of |
| 4 | | subsection (h) below, who is offered non-State employment |
| 5 | | during State employment or within a period of one year |
| 6 | | immediately after termination of State employment shall, prior |
| 7 | | to accepting such non-State employment, notify the appropriate |
| 8 | | Inspector General. Within 10 calendar days after receiving |
| 9 | | notification from an employee in a position subject to the |
| 10 | | policies required by subsection (c), such Inspector General |
| 11 | | shall make a determination as to whether the State employee is |
| 12 | | restricted from accepting such employment by subsection (a) or |
| 13 | | (b). In making a determination, in addition to any other |
| 14 | | relevant information, an Inspector General shall assess the |
| 15 | | effect of the prospective employment or relationship upon |
| 16 | | decisions referred to in subsections (a) and (b), based on the |
| 17 | | totality of the participation by the former officer, member, or |
| 18 | | State employee in those decisions. A determination by an |
| 19 | | Inspector General must be in writing, signed and dated by the |
| 20 | | Inspector General, and delivered to the subject of the |
| 21 | | determination within 10 calendar days or the person is deemed |
| 22 | | eligible for the employment opportunity. For purposes of this |
| 23 | | subsection, "appropriate Inspector General" means (i) for |
| 24 | | members and employees of the legislative branch, the |
| 25 | | Legislative Inspector General; (ii) for the Auditor General and |
| 26 | | employees of the Office of the Auditor General, the Inspector |
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| 1 | | General provided for in Section 30-5 of this Act; and (iii) for |
| 2 | | executive branch officers and employees, the Inspector General |
| 3 | | having jurisdiction over the officer or employee. Notice of any |
| 4 | | determination of an Inspector General and of any such appeal |
| 5 | | shall be given to the ultimate jurisdictional authority, the |
| 6 | | Attorney General, and the Executive Ethics Commission. |
| 7 | | (g) An Inspector General's determination regarding |
| 8 | | restrictions under subsection (a) or (b) may be appealed to the |
| 9 | | appropriate Ethics Commission by the person subject to the |
| 10 | | decision or the Attorney General no later than the 10th |
| 11 | | calendar day after the date of the determination. |
| 12 | | On appeal, the Ethics Commission or Auditor General shall |
| 13 | | seek, accept, and consider written public comments regarding a |
| 14 | | determination. In deciding whether to uphold an Inspector |
| 15 | | General's determination, the appropriate Ethics Commission or |
| 16 | | Auditor General shall assess, in addition to any other relevant |
| 17 | | information, the effect of the prospective employment or |
| 18 | | relationship upon the decisions referred to in subsections (a) |
| 19 | | and (b), based on the totality of the participation by the |
| 20 | | former officer, member, or State employee in those decisions. |
| 21 | | The Ethics Commission shall decide whether to uphold an |
| 22 | | Inspector General's determination within 10 calendar days or |
| 23 | | the person is deemed eligible for the employment opportunity. |
| 24 | | (h) The following officers, members, or State employees |
| 25 | | shall not, within a period of one year immediately after |
| 26 | | termination of office or State employment, knowingly accept |
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| 1 | | employment or receive compensation or fees for services from a |
| 2 | | person or entity if the person or entity or its parent or |
| 3 | | subsidiary, during the year immediately preceding termination |
| 4 | | of State employment, was a party to a State contract or |
| 5 | | contracts with a cumulative value of $25,000 or more involving |
| 6 | | the officer, member, or State employee's State agency, or was |
| 7 | | the subject of a regulatory or licensing decision involving the |
| 8 | | officer, member, or State employee's State agency, regardless |
| 9 | | of whether he or she participated personally and substantially |
| 10 | | in the award of the State contract or contracts or the making |
| 11 | | of the regulatory or licensing decision in question: |
| 12 | | (1) members or officers; |
| 13 | | (2) members of a commission or board created by the |
| 14 | | Illinois Constitution; |
| 15 | | (3) persons whose appointment to office is subject to |
| 16 | | the advice and consent of the Senate; |
| 17 | | (4) the head of a department, commission, board, |
| 18 | | division, bureau, authority, or other administrative unit |
| 19 | | within the government of this State; |
| 20 | | (5) chief procurement officers, State purchasing |
| 21 | | officers, and their designees whose duties are directly |
| 22 | | related to State procurement; and |
| 23 | | (6) chiefs of staff, deputy chiefs of staff, associate |
| 24 | | chiefs of staff, assistant chiefs of staff, and deputy |
| 25 | | governors. |
| 26 | | (h-5) A member may not, within a period of one year |
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| 1 | | immediately after termination of the member's most recent term |
| 2 | | of office, engage in lobbying with members of the General |
| 3 | | Assembly, if the member accepts compensation specifically |
| 4 | | attributable to that lobbying. Nothing in this subsection (h-5) |
| 5 | | prohibits a member from lobbying without compensation. |
| 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. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.)
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