102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2841

 

Introduced 2/19/2021, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-45

    Amends the State Officials and Employees Ethics Act. Provides that any (i) member of the General Assembly, (ii) person whose appointment to office is subject to the advice and consent of the Senate, or (iii) head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of this State who takes office on or after the effective date of this amendatory Act shall not, within a 3-year period immediately following termination of that person's most recent term of office, register as a lobbyist and engage in lobbying with members of the General Assembly. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

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
9spouse or immediate family member living with such person,
10shall, within a period of one year immediately after
11termination of State employment, knowingly accept employment
12or receive compensation or fees for services from a person or
13entity if the officer, member, or State employee, during the
14year immediately preceding termination of State employment,
15participated personally and substantially in the award of
16State contracts, or the issuance of State contract change
17orders, with a cumulative value of $25,000 or more to the
18person or entity, or its parent or subsidiary.
19    (a-5) No officer, member, or spouse or immediate family
20member living with such person shall, during the officer or
21member's term in office or within a period of 2 years
22immediately leaving office, hold an ownership interest, other
23than a passive interest in a publicly traded company, in any

 

 

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1gaming license under the Illinois Gambling Act, the Video
2Gaming Act, the Illinois Horse Racing Act of 1975, or the
3Sports Wagering 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 gaming license under the
7Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
8the Video Gaming Act, or the Sports Wagering Act at the time of
9the effective date of this amendatory Act of the 101st General
10Assembly shall divest himself or herself of such ownership
11within one year after the effective date of this amendatory
12Act of the 101st General Assembly. No State employee who works
13for the Illinois Gaming Board or Illinois Racing Board or
14spouse or immediate family member living with such person
15shall, during State employment or within a period of 2 years
16immediately after termination of State employment, hold an
17ownership interest, other than a passive interest in a
18publicly traded company, in any gaming license under the
19Illinois Gambling Act, the Video Gaming Act, the Illinois
20Horse Racing Act of 1975, or the Sports Wagering Act.
21    (a-10) This subsection (a-10) applies on and after June
2225, 2021. No officer, member, or spouse or immediate family
23member living with such person, shall, during the officer or
24member's term in office or within a period of 2 years
25immediately after leaving office, hold an ownership interest,
26other than a passive interest in a publicly traded company, in

 

 

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

 

 

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

 

 

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

 

 

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1General shall make a determination as to whether the State
2employee is restricted from accepting such employment by
3subsection (a) or (b). In making a determination, in addition
4to any other relevant information, an Inspector General shall
5assess the effect of the prospective employment or
6relationship upon decisions referred to in subsections (a) and
7(b), based on the totality of the participation by the former
8officer, member, or State employee in those decisions. A
9determination by an Inspector General must be in writing,
10signed and dated by the Inspector General, and delivered to
11the subject of the determination within 10 calendar days or
12the person is deemed eligible for the employment opportunity.
13For purposes of this subsection, "appropriate Inspector
14General" means (i) for members and employees of the
15legislative branch, the Legislative Inspector General; (ii)
16for the Auditor General and employees of the Office of the
17Auditor General, the Inspector General provided for in Section
1830-5 of this Act; and (iii) for executive branch officers and
19employees, the Inspector General having jurisdiction over the
20officer or employee. Notice of any determination of an
21Inspector General and of any such appeal shall be given to the
22ultimate jurisdictional authority, the Attorney General, and
23the Executive Ethics Commission.
24    (g) An Inspector General's determination regarding
25restrictions under subsection (a) or (b) may be appealed to
26the appropriate Ethics Commission by the person subject to the

 

 

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1decision or the Attorney General no later than the 10th
2calendar day after the date of the determination.
3    On appeal, the Ethics Commission or Auditor General shall
4seek, accept, and consider written public comments regarding a
5determination. In deciding whether to uphold an Inspector
6General's determination, the appropriate Ethics Commission or
7Auditor General shall assess, in addition to any other
8relevant information, the effect of the prospective employment
9or relationship upon the decisions referred to in subsections
10(a) and (b), based on the totality of the participation by the
11former officer, member, or State employee in those decisions.
12The Ethics Commission shall decide whether to uphold an
13Inspector General's determination within 10 calendar days or
14the person is deemed eligible for the employment opportunity.
15    (h) The following officers, members, or State employees
16shall not, within a period of one year immediately after
17termination of office or State employment, knowingly accept
18employment or receive compensation or fees for services from a
19person or entity if the person or entity or its parent or
20subsidiary, during the year immediately preceding termination
21of State employment, was a party to a State contract or
22contracts with a cumulative value of $25,000 or more involving
23the officer, member, or State employee's State agency, or was
24the subject of a regulatory or licensing decision involving
25the officer, member, or State employee's State agency,
26regardless of whether he or she participated personally and

 

 

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1substantially in the award of the State contract or contracts
2or the making of the regulatory or licensing decision in
3question:
4        (1) members or officers;
5        (2) members of a commission or board created by the
6    Illinois Constitution;
7        (3) persons whose appointment to office is subject to
8    the advice and consent of the Senate;
9        (4) the head of a department, commission, board,
10    division, bureau, authority, or other administrative unit
11    within the government of this State;
12        (5) chief procurement officers, State purchasing
13    officers, and their designees whose duties are directly
14    related to State procurement;
15        (6) chiefs of staff, deputy chiefs of staff, associate
16    chiefs of staff, assistant chiefs of staff, and deputy
17    governors;
18        (7) employees of the Illinois Racing Board; and
19        (8) employees of the Illinois Gaming Board.
20    (h-5) Any (i) member of the General Assembly, (ii) person
21whose appointment to office is subject to the advice and
22consent of the Senate, or (iii) head of a department,
23commission, board, division, bureau, authority, or other
24administrative unit within the government of this State who
25takes office on or after the effective date of this amendatory
26Act of the 102nd General Assembly shall not, within a 3-year

 

 

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1period immediately following termination of that person's most
2recent term of office, register as a lobbyist, as provided
3under Section 3 of the Lobbyist Registration Act, and engage
4in lobbying with members of the General Assembly.
5    (i) For the purposes of this Section, with respect to
6officers or employees of a regional transit board, as defined
7in this Act, the phrase "person or entity" does not include:
8(i) the United States government, (ii) the State, (iii)
9municipalities, as defined under Article VII, Section 1 of the
10Illinois Constitution, (iv) units of local government, as
11defined under Article VII, Section 1 of the Illinois
12Constitution, or (v) school districts.
13(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.