Public Act 097-0653
 
HB0358 EnrolledLRB097 03241 JDS 43278 b



    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The State Officials and Employees Ethics Act is 
amended  by changing Section 5-45 as follows:
 
    (5 ILCS 430/5-45)

    Sec. 5-45. Procurement; revolving door prohibition.


    (a) No former officer, member, or State employee, or spouse 
or
immediate family member living with such person, shall, 
within a period of one
year immediately after termination of 
State employment, knowingly accept
employment or receive 
compensation or fees for services from a person or entity
if 
the officer, member, or State employee, during the year 
immediately
preceding termination of State employment, 
participated personally and
substantially in the award of State 
contracts, or the issuance of State contract change orders, 
with a cumulative value
of $25,000
or more to the person or 
entity, or its parent or subsidiary.


    (b) No former officer of the executive branch or State 
employee of the
executive branch with regulatory or
licensing 
authority, or spouse or immediate family member living with 
such
person, shall, within a period of one year immediately 
after termination of
State employment, knowingly accept 
employment or receive compensation or fees
for services from a 
person or entity if the officer
or State
employee, during the 
year immediately preceding
termination of State employment, 
participated personally and substantially in making a 
regulatory or licensing decision that
directly applied to the 
person or entity, or its parent or subsidiary. 


    (c) Within 6 months after the effective date of this 
amendatory Act of the 96th General Assembly, each executive 
branch constitutional officer and legislative leader, the 
Auditor General, and the Joint Committee on Legislative Support 
Services shall adopt a policy delineating which State positions 
under his or her jurisdiction and control, by the nature of 
their duties, may have the authority to participate personally 
and substantially in the award of State contracts or in 
regulatory or licensing decisions.  The Governor shall adopt 
such a policy for all State employees of the executive branch 
not under the jurisdiction and control of any other executive 
branch constitutional officer.


    The policies required under subsection (c) of this Section 
shall be filed with the appropriate ethics commission 
established under this Act or, for the Auditor General, with 
the Office of the Auditor General.
    (d) Each Inspector General shall have the authority to 
determine that additional State positions under his or her 
jurisdiction, not otherwise subject to the policies required by 
subsection (c) of this Section, are nonetheless subject to the 
notification requirement of subsection (f) below due to their 
involvement in the award of State contracts or in regulatory or 
licensing decisions.
    (e) The Joint Committee on Legislative Support Services, 
the Auditor General,  and each of the executive branch 
constitutional officers and legislative leaders subject to 
subsection (c) of this Section shall provide written 
notification to all employees in positions subject to the 
policies required by subsection (c) or a determination made 
under subsection (d): (1) upon hiring, promotion, or transfer 
into the relevant position; and (2) at the time the employee's 
duties are changed in such a way as to qualify that employee. 
An employee receiving notification must certify in writing that 
the person was advised of the prohibition and the requirement 
to notify the appropriate Inspector General in subsection (f).
    (f) Any State employee in a position subject to the 
policies required by subsection (c) or to a determination under 
subsection (d), but who does not fall within the prohibition of 
subsection (h) below, who is offered non-State employment 
during State employment or within a period of one year 
immediately after termination of State employment shall, prior 
to accepting such non-State employment, notify the appropriate 
Inspector General.  Within 10 calendar days after  receiving 
notification from an employee in a position subject to the 
policies required by subsection (c), such Inspector General 
shall make a determination as to whether the State employee is 
restricted from accepting such employment by subsection (a) or 
(b).  In making a determination, in addition to any other 
relevant information, an Inspector General shall assess the 
effect of the prospective employment or relationship upon 
decisions referred to in subsections (a) and (b), based on the 
totality of the participation by the former officer, member, or 
State employee in those decisions. A determination by an 
Inspector General must be in writing, signed and dated by the 
Inspector General, and delivered to the subject of the 
determination within 10 calendar days or the person is deemed 
eligible for the employment opportunity. For purposes of this 
subsection, "appropriate Inspector General" means (i) for 
members and employees of the legislative branch, the 
Legislative Inspector General; (ii) for the Auditor General and 
employees of the Office of the Auditor General, the Inspector 
General provided for in Section 30-5 of this Act; and (iii) for 
executive branch officers and employees, the Inspector General 
having jurisdiction over the officer or employee. Notice of any 
determination of an Inspector General and of any such appeal 
shall be given to the ultimate jurisdictional authority,  the 
Attorney General, and the Executive Ethics Commission.
    (g) An Inspector General's determination regarding 
restrictions under subsection (a) or (b) may be appealed to the 
appropriate Ethics Commission by the person subject to the 
decision or the Attorney General no later than the 10th 
calendar day after the date of the determination.
    On appeal, the Ethics Commission or Auditor General shall 
seek, accept, and consider written public comments regarding a 
determination. In deciding whether to uphold an Inspector 
General's determination, the appropriate Ethics Commission or 
Auditor General shall assess, in addition to any other relevant 
information, the effect of the prospective employment or 
relationship upon the decisions referred to in subsections (a) 
and (b), based on the totality of the participation by the 
former officer, member, or State employee in those decisions. 
The Ethics Commission shall decide whether to uphold an 
Inspector General's determination within 10 calendar  days or 
the person is deemed eligible for the employment opportunity.
    (h) The following officers, members, or State employees 
shall not, within a period of one year immediately after 
termination of office or State employment, knowingly accept 
employment or receive compensation or fees for services from a 
person or entity if the person or entity or its parent or 
subsidiary, during the year immediately preceding termination 
of State employment, was a party to a State contract or 
contracts with a cumulative value of $25,000 or more involving 
the officer, member, or State employee's State agency, or was 
the subject of a regulatory or licensing decision involving the 
officer, member, or State employee's State agency, regardless 
of whether he or she participated personally and substantially 
in the award of the State contract or contracts or the making 
of the regulatory or licensing decision in question:
        (1) members or officers;
        (2) members of a commission or board created by the 
    Illinois Constitution;
        (3) persons whose appointment to office is subject to 
    the advice and consent of the Senate;
        (4) the head of a department, commission, board, 
    division, bureau, authority, or other administrative unit 
    within the government of this State;
        (5) chief procurement officers, State purchasing 
    officers, and their designees whose duties are directly 
    related to State procurement; and
        (6) chiefs of staff, deputy chiefs of staff, associate 
    chiefs of staff, assistant chiefs of staff, and deputy 
    governors.
    (i) For the purposes of this Section, with respect to 
officers or employees of a regional transit board, as defined 
in this Act,  the phrase "person or entity" does not include: 
(i) the United States government, (ii) the State, (iii) 
municipalities, as defined under Article VII, Section 1 of the 
Illinois Constitution, (iv) units of local government, as 
defined under Article VII, Section 1 of the Illinois 
Constitution, or (v) school districts. 
(Source: P.A. 96-555, eff. 8-18-09.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.