Full Text of HB2983 103rd General Assembly
HB2983 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2983 Introduced 2/16/2023, by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: |
| |
Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly, person whose appointment to office is subject to the advice and consent of the Senate, or 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.
|
| |
| | A BILL FOR |
|
| | | HB2983 | | LRB103 25630 DTM 51979 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended 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 | 9 | | spouse or
immediate family member living with such person, | 10 | | shall, within a period of one
year immediately after | 11 | | termination of State employment, knowingly accept
employment | 12 | | or receive compensation or fees for services from a person or | 13 | | entity
if the officer, member, or State employee, during the | 14 | | year immediately
preceding termination of State employment, | 15 | | participated personally and
substantially in the award or | 16 | | fiscal administration of State contracts, or the issuance of | 17 | | State contract change orders, with a cumulative value
of | 18 | | $25,000
or more to the person or entity, or its parent or | 19 | | subsidiary.
| 20 | | (a-5) No officer, member, or spouse or immediate family | 21 | | member living with such person shall, during the officer or | 22 | | member's term in office or within a period of 2 years | 23 | | immediately leaving office, hold an ownership interest, other |
| | | HB2983 | - 2 - | LRB103 25630 DTM 51979 b |
|
| 1 | | than a passive interest in a publicly traded company, in any | 2 | | gaming license under the Illinois Gambling Act, the Video | 3 | | Gaming Act, the Illinois Horse Racing Act of 1975, or the | 4 | | Sports Wagering Act. Any member of the General Assembly or | 5 | | spouse or immediate family member living with such person who | 6 | | has an ownership interest, other than a passive interest in a | 7 | | publicly traded company, in any gaming license under the | 8 | | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | 9 | | the Video Gaming Act, or the Sports Wagering Act at the time of | 10 | | the effective date of this amendatory Act of the 101st General | 11 | | Assembly shall divest himself or herself of such ownership | 12 | | within one year after the effective date of this amendatory | 13 | | Act of the 101st General Assembly. No State employee who works | 14 | | for the Illinois Gaming Board or Illinois Racing Board or | 15 | | spouse or immediate family member living with such person | 16 | | shall, during State employment or within a period of 2 years | 17 | | immediately after termination of State employment, hold an | 18 | | ownership interest, other than a passive interest in a | 19 | | publicly traded company, in any gaming license under the | 20 | | Illinois Gambling Act, the Video Gaming Act, the Illinois | 21 | | Horse Racing Act of 1975, or the Sports Wagering Act. | 22 | | (a-10) This subsection (a-10) applies on and after June | 23 | | 25, 2021. No officer, member, or spouse or immediate family | 24 | | member living with such person, shall, during the officer or | 25 | | member's term in office or within a period of 2 years | 26 | | immediately after leaving office, hold an ownership interest, |
| | | HB2983 | - 3 - | LRB103 25630 DTM 51979 b |
|
| 1 | | other than a passive interest in a publicly traded company, in | 2 | | any cannabis business establishment which is licensed under | 3 | | the Cannabis Regulation and Tax Act. Any member of the General | 4 | | Assembly or spouse or immediate family member living with such | 5 | | person who has an ownership interest, other than a passive | 6 | | interest in a publicly traded company, in any cannabis | 7 | | business establishment which is licensed under the Cannabis | 8 | | Regulation and Tax Act at the time of the effective date of | 9 | | this amendatory Act of the 101st General Assembly shall divest | 10 | | himself or herself of such ownership within one year after the | 11 | | effective date of this amendatory Act of the 101st General | 12 | | Assembly. | 13 | | No State employee who works for any State agency that | 14 | | regulates cannabis business establishment license holders who | 15 | | participated personally and substantially in the award of | 16 | | licenses under the Cannabis Regulation and Tax Act or a spouse | 17 | | or immediate family member living with such person shall, | 18 | | during State employment or within a period of 2 years | 19 | | immediately after termination of State employment, hold an | 20 | | ownership interest, other than a passive interest in a | 21 | | publicly traded company, in any cannabis license under the | 22 | | Cannabis Regulation and Tax Act. | 23 | | (b) No former officer of the executive branch or State | 24 | | employee of the
executive branch with regulatory or
licensing | 25 | | authority, or spouse or immediate family member living with | 26 | | such
person, shall, within a period of one year immediately |
| | | HB2983 | - 4 - | LRB103 25630 DTM 51979 b |
|
| 1 | | after termination of
State employment, knowingly accept | 2 | | employment or receive compensation or fees
for services from a | 3 | | person or entity if the officer
or State
employee, during the | 4 | | year immediately preceding
termination of State employment, | 5 | | participated personally and substantially in making a | 6 | | regulatory or licensing decision that
directly applied to the | 7 | | person or entity, or its parent or subsidiary. | 8 | | (b-5) Beginning January 1, 2022, no former officer of the | 9 | | executive branch shall engage in activities at the State level | 10 | | that require registration under the Lobbyist Registration Act | 11 | | during the term of which he or she was elected or appointed | 12 | | until 6 months after leaving office.
| 13 | | (b-7) Beginning the second Wednesday in January of 2023, | 14 | | no former member shall engage in activities at the State level | 15 | | that require registration under the Lobbyist Registration Act | 16 | | in a General Assembly of which he or she was a member until 6 | 17 | | months after leaving office. | 18 | | (c) Within 6 months after the effective date of this | 19 | | amendatory Act of the 96th General Assembly, each executive | 20 | | branch constitutional officer and legislative leader, the | 21 | | Auditor General, and the Joint Committee on Legislative | 22 | | Support Services shall adopt a policy delineating which State | 23 | | positions under his or her jurisdiction and control, by the | 24 | | nature of their duties, may have the authority to participate | 25 | | personally and substantially in the award or fiscal | 26 | | administration of State contracts or in regulatory or |
| | | HB2983 | - 5 - | LRB103 25630 DTM 51979 b |
|
| 1 | | licensing decisions. The Governor shall adopt such a policy | 2 | | for all State employees of the executive branch not under the | 3 | | jurisdiction and control of any other executive branch | 4 | | constitutional officer.
| 5 | | The policies required under subsection (c) of this Section | 6 | | shall be filed with the appropriate ethics commission | 7 | | established under this Act or, for the Auditor General, with | 8 | | the Office of the Auditor General. | 9 | | (d) Each Inspector General shall have the authority to | 10 | | determine that additional State positions under his or her | 11 | | jurisdiction, not otherwise subject to the policies required | 12 | | by subsection (c) of this Section, are nonetheless subject to | 13 | | the notification requirement of subsection (f) below due to | 14 | | their involvement in the award or fiscal administration of | 15 | | State contracts or in regulatory or licensing decisions. | 16 | | (e) The Joint Committee on Legislative Support Services, | 17 | | the Auditor General, and each of the executive branch | 18 | | constitutional officers and legislative leaders subject to | 19 | | subsection (c) of this Section shall provide written | 20 | | notification to all employees in positions subject to the | 21 | | policies required by subsection (c) or a determination made | 22 | | under subsection (d): (1) upon hiring, promotion, or transfer | 23 | | into the relevant position; and (2) at the time the employee's | 24 | | duties are changed in such a way as to qualify that employee. | 25 | | An employee receiving notification must certify in writing | 26 | | that the person was advised of the prohibition and the |
| | | HB2983 | - 6 - | LRB103 25630 DTM 51979 b |
|
| 1 | | requirement to notify the appropriate Inspector General in | 2 | | subsection (f). | 3 | | (f) Any State employee in a position subject to the | 4 | | policies required by subsection (c) or to a determination | 5 | | under subsection (d), but who does not fall within the | 6 | | prohibition of subsection (h) below, who is offered non-State | 7 | | employment during State employment or within a period of one | 8 | | year immediately after termination of State employment shall, | 9 | | prior to accepting such non-State employment, notify the | 10 | | appropriate Inspector General. Within 10 calendar days after | 11 | | receiving notification from an employee in a position subject | 12 | | to the policies required by subsection (c), such Inspector | 13 | | General shall make a determination as to whether the State | 14 | | employee is restricted from accepting such employment by | 15 | | subsection (a) or (b). In making a determination, in addition | 16 | | to any other relevant information, an Inspector General shall | 17 | | assess the effect of the prospective employment or | 18 | | relationship upon decisions referred to in subsections (a) and | 19 | | (b), based on the totality of the participation by the former | 20 | | officer, member, or State employee in those decisions. A | 21 | | determination by an Inspector General must be in writing, | 22 | | signed and dated by the Inspector General, and delivered to | 23 | | the subject of the determination within 10 calendar days or | 24 | | the person is deemed eligible for the employment opportunity. | 25 | | For purposes of this subsection, "appropriate Inspector | 26 | | General" means (i) for members and employees of the |
| | | HB2983 | - 7 - | LRB103 25630 DTM 51979 b |
|
| 1 | | legislative branch, the Legislative Inspector General; (ii) | 2 | | for the Auditor General and employees of the Office of the | 3 | | Auditor General, the Inspector General provided for in Section | 4 | | 30-5 of this Act; and (iii) for executive branch officers and | 5 | | employees, the Inspector General having jurisdiction over the | 6 | | officer or employee. Notice of any determination of an | 7 | | Inspector General and of any such appeal shall be given to the | 8 | | ultimate jurisdictional authority, the Attorney General, and | 9 | | the Executive Ethics Commission. | 10 | | (g) An Inspector General's determination regarding | 11 | | restrictions under subsection (a) or (b) may be appealed to | 12 | | the appropriate Ethics Commission by the person subject to the | 13 | | decision or the Attorney General no later than the 10th | 14 | | calendar day after the date of the determination. | 15 | | On appeal, the Ethics Commission or Auditor General shall | 16 | | seek, accept, and consider written public comments regarding a | 17 | | determination. In deciding whether to uphold an Inspector | 18 | | General's determination, the appropriate Ethics Commission or | 19 | | Auditor General shall assess, in addition to any other | 20 | | relevant information, the effect of the prospective employment | 21 | | or relationship upon the decisions referred to in subsections | 22 | | (a) and (b), based on the totality of the participation by the | 23 | | former officer, member, or State employee in those decisions. | 24 | | The Ethics Commission shall decide whether to uphold an | 25 | | Inspector General's determination within 10 calendar days or | 26 | | the person is deemed eligible for the employment opportunity. |
| | | HB2983 | - 8 - | LRB103 25630 DTM 51979 b |
|
| 1 | | (h) The following officers, members, or State employees | 2 | | shall not, within a period of one year immediately after | 3 | | termination of office or State employment, knowingly accept | 4 | | employment or receive compensation or fees for services from a | 5 | | person or entity if the person or entity or its parent or | 6 | | subsidiary, during the year immediately preceding termination | 7 | | of State employment, was a party to a State contract or | 8 | | contracts with a cumulative value of $25,000 or more involving | 9 | | the officer, member, or State employee's State agency, or was | 10 | | the subject of a regulatory or licensing decision involving | 11 | | the officer, member, or State employee's State agency, | 12 | | regardless of whether he or she participated personally and | 13 | | substantially in the award or fiscal administration of the | 14 | | State contract or contracts or the making of the regulatory or | 15 | | licensing decision in question: | 16 | | (1) members or officers; | 17 | | (2) members of a commission or board created by the | 18 | | Illinois Constitution; | 19 | | (3) persons whose appointment to office is subject to | 20 | | the advice and consent of the Senate; | 21 | | (4) the head of a department, commission, board, | 22 | | division, bureau, authority, or other administrative unit | 23 | | within the government of this State; | 24 | | (5) chief procurement officers, State purchasing | 25 | | officers, and their designees whose duties are directly | 26 | | related to State procurement; |
| | | HB2983 | - 9 - | LRB103 25630 DTM 51979 b |
|
| 1 | | (6) chiefs of staff, deputy chiefs of staff, associate | 2 | | chiefs of staff, assistant chiefs of staff, and deputy | 3 | | governors, or any other position that holds an equivalent | 4 | | level of managerial oversight; | 5 | | (7) employees of the Illinois Racing Board; and | 6 | | (8) employees of the Illinois Gaming Board. | 7 | | (h-5) Any member of the General Assembly, person whose | 8 | | appointment to office is subject to the advice and consent of | 9 | | the Senate, or head of a department, commission, board, | 10 | | division, bureau, authority, or other administrative unit | 11 | | within the government of this State who takes office on or | 12 | | after the effective date of this amendatory Act of the 103rd | 13 | | General Assembly shall not, within a 3-year period immediately | 14 | | following termination of that person's most recent term of | 15 | | office, register as a lobbyist, as provided under Section 3 of | 16 | | the Lobbyist Registration Act, and engage in lobbying with | 17 | | members of the General Assembly. | 18 | | (i) For the purposes of this Section, with respect to | 19 | | officers or employees of a regional transit board, as defined | 20 | | in this Act, the phrase "person or entity" does not include: | 21 | | (i) the United States government, (ii) the State, (iii) | 22 | | municipalities, as defined under Article VII, Section 1 of the | 23 | | Illinois Constitution, (iv) units of local government, as | 24 | | defined under Article VII, Section 1 of the Illinois | 25 | | Constitution, or (v) school districts. | 26 | | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19; |
| | | HB2983 | - 10 - | LRB103 25630 DTM 51979 b |
|
| 1 | | 102-664, eff. 1-1-22 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|