Sen. Don Harmon

Filed: 5/31/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1717

2    AMENDMENT NO. ______. Amend House Bill 1717, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, on page 1, line 5, after "by", by inserting "changing
5Section 5-45 and by"; and
 
6on page 1, immediately below line 5, by inserting the
7following:
 
8    "(5 ILCS 430/5-45)
9    Sec. 5-45. Procurement; revolving door prohibition.
10    (a) No former officer, member, or State employee, or spouse
11or immediate family member living with such person, shall,
12within a period of one year immediately after termination of
13State employment, knowingly accept employment or receive
14compensation or fees for services from a person or entity if
15the officer, member, or State employee, during the year
16immediately preceding termination of State employment,

 

 

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1participated personally and substantially in the award of State
2contracts, or the issuance of State contract change orders,
3with a cumulative value of $25,000 or more to the person or
4entity, or its parent or subsidiary.
5    (b) No former officer of the executive branch or State
6employee of the executive branch with regulatory or licensing
7authority, or spouse or immediate family member living with
8such person, shall, within a period of one year immediately
9after termination of State employment, knowingly accept
10employment or receive compensation or fees for services from a
11person or entity if the officer or State employee, during the
12year immediately preceding termination of State employment,
13participated personally and substantially in making a
14regulatory or licensing decision that directly applied to the
15person or entity, or its parent or subsidiary.
16    (c) Within 6 months after the effective date of this
17amendatory Act of the 96th General Assembly, each executive
18branch constitutional officer and legislative leader, the
19Auditor General, and the Joint Committee on Legislative Support
20Services shall adopt a policy delineating which State positions
21under his or her jurisdiction and control, by the nature of
22their duties, may have the authority to participate personally
23and substantially in the award of State contracts or in
24regulatory or licensing decisions. The Governor shall adopt
25such a policy for all State employees of the executive branch
26not under the jurisdiction and control of any other executive

 

 

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1branch constitutional officer.
2    The policies required under subsection (c) of this Section
3shall be filed with the appropriate ethics commission
4established under this Act or, for the Auditor General, with
5the Office of the Auditor General.
6    (d) Each Inspector General shall have the authority to
7determine that additional State positions under his or her
8jurisdiction, not otherwise subject to the policies required by
9subsection (c) of this Section, are nonetheless subject to the
10notification requirement of subsection (f) below due to their
11involvement in the award of State contracts or in regulatory or
12licensing decisions.
13    (e) The Joint Committee on Legislative Support Services,
14the Auditor General, and each of the executive branch
15constitutional officers and legislative leaders subject to
16subsection (c) of this Section shall provide written
17notification to all employees in positions subject to the
18policies required by subsection (c) or a determination made
19under subsection (d): (1) upon hiring, promotion, or transfer
20into the relevant position; and (2) at the time the employee's
21duties are changed in such a way as to qualify that employee.
22An employee receiving notification must certify in writing that
23the person was advised of the prohibition and the requirement
24to notify the appropriate Inspector General in subsection (f).
25    (f) Any State employee in a position subject to the
26policies required by subsection (c) or to a determination under

 

 

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1subsection (d), but who does not fall within the prohibition of
2subsection (h) below, who is offered non-State employment
3during State employment or within a period of one year
4immediately after termination of State employment shall, prior
5to accepting such non-State employment, notify the appropriate
6Inspector General. Within 10 calendar days after receiving
7notification from an employee in a position subject to the
8policies required by subsection (c), such Inspector General
9shall make a determination as to whether the State employee is
10restricted from accepting such employment by subsection (a) or
11(b). In making a determination, in addition to any other
12relevant information, an Inspector General shall assess the
13effect of the prospective employment or relationship upon
14decisions referred to in subsections (a) and (b), based on the
15totality of the participation by the former officer, member, or
16State employee in those decisions. A determination by an
17Inspector General must be in writing, signed and dated by the
18Inspector General, and delivered to the subject of the
19determination within 10 calendar days or the person is deemed
20eligible for the employment opportunity. For purposes of this
21subsection, "appropriate Inspector General" means (i) for
22members and employees of the legislative branch, the
23Legislative Inspector General; (ii) for the Auditor General and
24employees of the Office of the Auditor General, the Inspector
25General provided for in Section 30-5 of this Act; and (iii) for
26executive branch officers and employees, the Inspector General

 

 

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1having jurisdiction over the officer or employee. Notice of any
2determination of an Inspector General and of any such appeal
3shall be given to the ultimate jurisdictional authority, the
4Attorney General, and the Executive Ethics Commission.
5    (g) An Inspector General's determination regarding
6restrictions under subsection (a) or (b) may be appealed to the
7appropriate Ethics Commission by the person subject to the
8decision or the Attorney General no later than the 10th
9calendar day after the date of the determination.
10    On appeal, the Ethics Commission or Auditor General shall
11seek, accept, and consider written public comments regarding a
12determination. In deciding whether to uphold an Inspector
13General's determination, the appropriate Ethics Commission or
14Auditor General shall assess, in addition to any other relevant
15information, the effect of the prospective employment or
16relationship upon the decisions referred to in subsections (a)
17and (b), based on the totality of the participation by the
18former officer, member, or State employee in those decisions.
19The Ethics Commission shall decide whether to uphold an
20Inspector General's determination within 10 calendar days or
21the person is deemed eligible for the employment opportunity.
22    (h) The following officers, members, or State employees
23shall not, within a period of one year immediately after
24termination of office or State employment, knowingly accept
25employment or receive compensation or fees for services from a
26person or entity if the person or entity or its parent or

 

 

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1subsidiary, during the year immediately preceding termination
2of State employment, was a party to a State contract or
3contracts with a cumulative value of $25,000 or more involving
4the officer, member, or State employee's State agency, or was
5the subject of a regulatory or licensing decision involving the
6officer, member, or State employee's State agency, regardless
7of whether he or she participated personally and substantially
8in the award of the State contract or contracts or the making
9of the regulatory or licensing decision in question:
10        (1) members or officers;
11        (2) members of a commission or board created by the
12    Illinois Constitution;
13        (3) persons whose appointment to office is subject to
14    the advice and consent of the Senate;
15        (4) the head of a department, commission, board,
16    division, bureau, authority, or other administrative unit
17    within the government of this State;
18        (5) chief procurement officers, State purchasing
19    officers, and their designees whose duties are directly
20    related to State procurement; and
21        (6) chiefs of staff, deputy chiefs of staff, associate
22    chiefs of staff, assistant chiefs of staff, and deputy
23    governors.
24    (i) Notwithstanding any law to the contrary, the provisions
25of this Section do not apply to former officers, members, or
26State employees who accept employment from any federal, State,

 

 

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1or local governmental unit.
2(Source: P.A. 96-555, eff. 8-18-09.)".