Bill Text: IL HB4327 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Modifies provisions concerning procurement and revolving door prohibitions to include specified persons involved in the fiscal administration of State contracts. Makes other changes concerning persons subject to a specified revolving door prohibition. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-29 - Referred to Rules Committee [HB4327 Detail]

Download: Illinois-2019-HB4327-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4327

Introduced , by Rep. Grant Wehrli

SYNOPSIS AS INTRODUCED:
5 ILCS 430/5-45

Amends the State Officials and Employees Ethics Act. Modifies provisions concerning procurement and revolving door prohibitions to include specified persons involved in the fiscal administration of State contracts. Makes other changes concerning persons subject to a specified revolving door prohibition. Effective immediately.
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A BILL FOR

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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 State Officials and Employees Ethics Act is
5amended by changing Section 5-45 as follows:
6 (5 ILCS 430/5-45)
7 Sec. 5-45. Procurement; revolving door prohibition.
8 (a) No former officer, member, or State employee, or spouse
9or immediate family member living with such person, shall,
10within a period of one year immediately after termination of
11State employment, knowingly accept employment or receive
12compensation or fees for services from a person or entity if
13the officer, member, or State employee, during the year
14immediately preceding termination of State employment,
15participated personally and substantially in the award of or
16the fiscal administration of State contracts, or the issuance
17of State contract change orders, with a cumulative value of
18$25,000 or more to the person or entity, or its parent or
19subsidiary.
20 (a-5) No officer, member, or spouse or immediate family
21member living with such person shall, during the officer or
22member's term in office or within a period of 2 years
23immediately leaving office, hold an ownership interest, other

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1than a passive interest in a publicly traded company, in any
2gaming license under the Illinois Gambling Act, the Video
3Gaming Act, the Illinois Horse Racing Act of 1975, or the
4Sports Wagering Act. Any member of the General Assembly or
5spouse or immediate family member living with such person who
6has an ownership interest, other than a passive interest in a
7publicly traded company, in any gaming license under the
8Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
9the Video Gaming Act, or the Sports Wagering Act at the time of
10the effective date of this amendatory Act of the 101st General
11Assembly shall divest himself or herself of such ownership
12within one year after the effective date of this amendatory Act
13of the 101st General Assembly. No State employee who works for
14the Illinois Gaming Board or Illinois Racing Board or spouse or
15immediate family member living with such person shall, during
16State employment or within a period of 2 years immediately
17after termination of State employment, hold an ownership
18interest, other than a passive interest in a publicly traded
19company, in any gaming license under the Illinois Gambling Act,
20the Video Gaming Act, the Illinois Horse Racing Act of 1975, or
21the Sports Wagering Act.
22 (a-10) This subsection (a-10) applies on and after June 25,
232021. No officer, member, or spouse or immediate family member
24living with such person, shall, during the officer or member's
25term in office or within a period of 2 years immediately after
26leaving office, hold an ownership interest, other than a

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1passive interest in a publicly traded company, in any cannabis
2business establishment which is licensed under the Cannabis
3Regulation and Tax Act. Any member of the General Assembly or
4spouse or immediate family member living with such person who
5has an ownership interest, other than a passive interest in a
6publicly traded company, in any cannabis business
7establishment which is licensed under the Cannabis Regulation
8and Tax Act at the time of the effective date of this
9amendatory Act of the 101st General Assembly shall divest
10himself or herself of such ownership within one year after the
11effective date of this amendatory Act of the 101st General
12Assembly.
13 No State employee who works for any State agency that
14regulates cannabis business establishment license holders who
15participated personally and substantially in the award of
16licenses under the Cannabis Regulation and Tax Act or a spouse
17or immediate family member living with such person shall,
18during State employment or within a period of 2 years
19immediately after termination of State employment, hold an
20ownership interest, other than a passive interest in a publicly
21traded company, in any cannabis license under the Cannabis
22Regulation and Tax Act.
23 (b) No former officer of the executive branch or State
24employee of the executive branch with regulatory or licensing
25authority, or spouse or immediate family member living with
26such person, shall, within a period of one year immediately

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1after termination of State employment, knowingly accept
2employment or receive compensation or fees for services from a
3person or entity if the officer or State employee, during the
4year immediately preceding termination of State employment,
5participated personally and substantially in making a
6regulatory or licensing decision that directly applied to the
7person or entity, or its parent or subsidiary.
8 (c) Within 6 months after the effective date of this
9amendatory Act of the 96th General Assembly, each executive
10branch constitutional officer and legislative leader, the
11Auditor General, and the Joint Committee on Legislative Support
12Services shall adopt a policy delineating which State positions
13under his or her jurisdiction and control, by the nature of
14their duties, may have the authority to participate personally
15and substantially in the award of or the fiscal administration
16of State contracts or in regulatory or licensing decisions. The
17Governor shall adopt such a policy for all State employees of
18the executive branch not under the jurisdiction and control of
19any other executive branch constitutional officer.
20 The policies required under subsection (c) of this Section
21shall be filed with the appropriate ethics commission
22established under this Act or, for the Auditor General, with
23the Office of the Auditor General.
24 (d) Each Inspector General shall have the authority to
25determine that additional State positions under his or her
26jurisdiction, not otherwise subject to the policies required by

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1subsection (c) of this Section, are nonetheless subject to the
2notification requirement of subsection (f) below due to their
3involvement in the award of or the fiscal administration of
4State contracts or in regulatory or licensing decisions.
5 (e) The Joint Committee on Legislative Support Services,
6the Auditor General, and each of the executive branch
7constitutional officers and legislative leaders subject to
8subsection (c) of this Section shall provide written
9notification to all employees in positions subject to the
10policies required by subsection (c) or a determination made
11under subsection (d): (1) upon hiring, promotion, or transfer
12into the relevant position; and (2) at the time the employee's
13duties are changed in such a way as to qualify that employee.
14An employee receiving notification must certify in writing that
15the person was advised of the prohibition and the requirement
16to notify the appropriate Inspector General in subsection (f).
17 (f) Any State employee in a position subject to the
18policies required by subsection (c) or to a determination under
19subsection (d), but who does not fall within the prohibition of
20subsection (h) below, who is offered non-State employment
21during State employment or within a period of one year
22immediately after termination of State employment shall, prior
23to accepting such non-State employment, notify the appropriate
24Inspector General. Within 10 calendar days after receiving
25notification from an employee in a position subject to the
26policies required by subsection (c), such Inspector General

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1shall make a determination as to whether the State employee is
2restricted from accepting such employment by subsection (a) or
3(b). In making a determination, in addition to any other
4relevant information, an Inspector General shall assess the
5effect of the prospective employment or relationship upon
6decisions referred to in subsections (a) and (b), based on the
7totality of the participation by the former officer, member, or
8State employee in those decisions. A determination by an
9Inspector General must be in writing, signed and dated by the
10Inspector General, and delivered to the subject of the
11determination within 10 calendar days or the person is deemed
12eligible for the employment opportunity. For purposes of this
13subsection, "appropriate Inspector General" means (i) for
14members and employees of the legislative branch, the
15Legislative Inspector General; (ii) for the Auditor General and
16employees of the Office of the Auditor General, the Inspector
17General provided for in Section 30-5 of this Act; and (iii) for
18executive branch officers and employees, the Inspector General
19having jurisdiction over the officer or employee. Notice of any
20determination of an Inspector General and of any such appeal
21shall be given to the ultimate jurisdictional authority, the
22Attorney General, and the Executive Ethics Commission.
23 (g) An Inspector General's determination regarding
24restrictions under subsection (a) or (b) may be appealed to the
25appropriate Ethics Commission by the person subject to the
26decision or the Attorney General no later than the 10th

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1calendar day after the date of the determination.
2 On appeal, the Ethics Commission or Auditor General shall
3seek, accept, and consider written public comments regarding a
4determination. In deciding whether to uphold an Inspector
5General's determination, the appropriate Ethics Commission or
6Auditor General shall assess, in addition to any other relevant
7information, the effect of the prospective employment or
8relationship upon the decisions referred to in subsections (a)
9and (b), based on the totality of the participation by the
10former officer, member, or State employee in those decisions.
11The Ethics Commission shall decide whether to uphold an
12Inspector General's determination within 10 calendar days or
13the person is deemed eligible for the employment opportunity.
14 (h) The following officers, members, or State employees
15shall not, within a period of one year immediately after
16termination of office or State employment, knowingly accept
17employment or receive compensation or fees for services from a
18person or entity if the person or entity or its parent or
19subsidiary, during the year immediately preceding termination
20of State employment, was a party to a State contract or
21contracts with a cumulative value of $25,000 or more involving
22the officer, member, or State employee's State agency, or was
23the subject of a regulatory or licensing decision involving the
24officer, member, or State employee's State agency, regardless
25of whether he or she participated personally and substantially
26in the award of or the fiscal administration of the State

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1contract or contracts or the making of the regulatory or
2licensing decision in question:
3 (1) members or officers;
4 (2) members of a commission or board created by the
5 Illinois Constitution;
6 (3) persons whose appointment to office is subject to
7 the advice and consent of the Senate;
8 (4) the head of a department, commission, board,
9 division, bureau, authority, or other administrative unit
10 within the government of this State;
11 (5) chief procurement officers, State purchasing
12 officers, and their designees whose duties are directly
13 related to State procurement;
14 (6) chiefs of staff, deputy chiefs of staff, associate
15 chiefs of staff, assistant chiefs of staff, and deputy
16 governors, or any other position that holds an equivalent
17 level of managerial oversight;
18 (7) employees of the Illinois Racing Board; and
19 (8) employees of the Illinois Gaming Board.
20 (i) For the purposes of this Section, with respect to
21officers or employees of a regional transit board, as defined
22in this Act, the phrase "person or entity" does not include:
23(i) the United States government, (ii) the State, (iii)
24municipalities, as defined under Article VII, Section 1 of the
25Illinois Constitution, (iv) units of local government, as
26defined under Article VII, Section 1 of the Illinois

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1Constitution, or (v) school districts.
2(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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