99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0758

 

Introduced 2/3/2015, by Sen. Darin M. LaHood

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/2-115 new
5 ILCS 430/5-45

    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.


LRB099 06494 JLK 26566 b

 

 

A BILL FOR

 

SB0758LRB099 06494 JLK 26566 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by adding Section 2-115 as follows:
 
6    (5 ILCS 420/2-115 new)
7    Sec. 2-115. Future employment with lobbying entity. No
8legislator may, during his or her term of office, negotiate for
9employment with a lobbying entity, as that term is defined in
10Section 2 of the Lobbyist Registration Act, if that lobbying
11entity engages in lobbying with members of the General Assembly
12during the legislator's term of office.
 
13    Section 10. The State Officials and Employees Ethics Act is
14amended by changing Section 5-45 as follows:
 
15    (5 ILCS 430/5-45)
16    Sec. 5-45. Procurement; revolving door prohibition.
17    (a) No former officer, member, or State employee, or spouse
18or immediate family member living with such person, shall,
19within a period of one year immediately after termination of
20State employment, knowingly accept employment or receive
21compensation or fees for services from a person or entity if

 

 

SB0758- 2 -LRB099 06494 JLK 26566 b

1the officer, member, or State employee, during the year
2immediately preceding termination of State employment,
3participated personally and substantially in the award of State
4contracts, or the issuance of State contract change orders,
5with a cumulative value of $25,000 or more to the person or
6entity, or its parent or subsidiary.
7    (b) No former officer of the executive branch or State
8employee of the executive branch with regulatory or licensing
9authority, or spouse or immediate family member living with
10such person, shall, within a period of one year immediately
11after termination of State employment, knowingly accept
12employment or receive compensation or fees for services from a
13person or entity if the officer or State employee, during the
14year immediately preceding termination of State employment,
15participated personally and substantially in making a
16regulatory or licensing decision that directly applied to the
17person or entity, or its parent or subsidiary.
18    (c) Within 6 months after the effective date of this
19amendatory Act of the 96th General Assembly, each executive
20branch constitutional officer and legislative leader, the
21Auditor General, and the Joint Committee on Legislative Support
22Services shall adopt a policy delineating which State positions
23under his or her jurisdiction and control, by the nature of
24their duties, may have the authority to participate personally
25and substantially in the award of State contracts or in
26regulatory or licensing decisions. The Governor shall adopt

 

 

SB0758- 3 -LRB099 06494 JLK 26566 b

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

 

 

SB0758- 4 -LRB099 06494 JLK 26566 b

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

 

 

SB0758- 5 -LRB099 06494 JLK 26566 b

1General provided for in Section 30-5 of this Act; and (iii) for
2executive branch officers and employees, the Inspector General
3having jurisdiction over the officer or employee. Notice of any
4determination of an Inspector General and of any such appeal
5shall be given to the ultimate jurisdictional authority, the
6Attorney General, and the Executive Ethics Commission.
7    (g) An Inspector General's determination regarding
8restrictions under subsection (a) or (b) may be appealed to the
9appropriate Ethics Commission by the person subject to the
10decision or the Attorney General no later than the 10th
11calendar day after the date of the determination.
12    On appeal, the Ethics Commission or Auditor General shall
13seek, accept, and consider written public comments regarding a
14determination. In deciding whether to uphold an Inspector
15General's determination, the appropriate Ethics Commission or
16Auditor General shall assess, in addition to any other relevant
17information, the effect of the prospective employment or
18relationship upon the decisions referred to in subsections (a)
19and (b), based on the totality of the participation by the
20former officer, member, or State employee in those decisions.
21The Ethics Commission shall decide whether to uphold an
22Inspector General's determination within 10 calendar days or
23the person is deemed eligible for the employment opportunity.
24    (h) The following officers, members, or State employees
25shall not, within a period of one year immediately after
26termination of office or State employment, knowingly accept

 

 

SB0758- 6 -LRB099 06494 JLK 26566 b

1employment or receive compensation or fees for services from a
2person or entity if the person or entity or its parent or
3subsidiary, during the year immediately preceding termination
4of State employment, was a party to a State contract or
5contracts with a cumulative value of $25,000 or more involving
6the officer, member, or State employee's State agency, or was
7the subject of a regulatory or licensing decision involving the
8officer, member, or State employee's State agency, regardless
9of whether he or she participated personally and substantially
10in the award of the State contract or contracts or the making
11of 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

 

 

SB0758- 7 -LRB099 06494 JLK 26566 b

1immediately after termination of the member's most recent term
2of office, engage in lobbying with members of the General
3Assembly, if the member accepts compensation specifically
4attributable to that lobbying. Nothing in this subsection (h-5)
5prohibits a member from lobbying without compensation.
6    (i) For the purposes of this Section, with respect to
7officers or employees of a regional transit board, as defined
8in this Act, the phrase "person or entity" does not include:
9(i) the United States government, (ii) the State, (iii)
10municipalities, as defined under Article VII, Section 1 of the
11Illinois Constitution, (iv) units of local government, as
12defined under Article VII, Section 1 of the Illinois
13Constitution, or (v) school districts.
14(Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.)