Rep. Celina Villanueva
Adopted in House on Nov 14, 2019
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1 | AMENDMENT TO SENATE BILL 1557
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2 | AMENDMENT NO. ______. Amend Senate Bill 1557, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 1, lines 4 and 5 by replacing "The Election Code is | ||||||
5 | amended by changing Section 9-45 as follows:" with "The State | ||||||
6 | Officials and Employees Ethics Act is amended by changing | ||||||
7 | Section 5-45 as follows:"; and | ||||||
8 | by replacing line 6 on page 1 through line 8 on page 2 with the | ||||||
9 | following:
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10 | "(5 ILCS 430/5-45)
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11 | Sec. 5-45. Procurement; revolving door prohibition.
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12 | (a) No former officer, member, or State employee, or spouse | ||||||
13 | or
immediate family member living with such person, shall, | ||||||
14 | within a period of one
year immediately after termination of | ||||||
15 | State employment, knowingly accept
employment or receive | ||||||
16 | compensation or fees for services from a person or entity
if |
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1 | the officer, member, or State employee, during the year | ||||||
2 | immediately
preceding termination of State employment, | ||||||
3 | participated personally and
substantially in the award of State | ||||||
4 | contracts, or the issuance of State contract change orders, | ||||||
5 | with a cumulative value
of $25,000
or more to the person or | ||||||
6 | entity, or its parent or subsidiary.
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7 | (a-5) No officer, member, or spouse or immediate family | ||||||
8 | member living with such person shall, during the officer or | ||||||
9 | member's term in office or within a period of 2 years | ||||||
10 | immediately leaving office, hold an ownership interest, other | ||||||
11 | than a passive interest in a publicly traded company, in any | ||||||
12 | gaming license under the Illinois Gambling Act, the Video | ||||||
13 | Gaming Act, the Illinois Horse Racing Act of 1975, or the | ||||||
14 | Sports Wagering Act. Any member of the General Assembly or | ||||||
15 | spouse or immediate family member living with such person who | ||||||
16 | has an ownership interest, other than a passive interest in a | ||||||
17 | publicly traded company, in any gaming license under the | ||||||
18 | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | ||||||
19 | the Video Gaming Act, or the Sports Wagering Act at the time of | ||||||
20 | the effective date of this amendatory Act of the 101st General | ||||||
21 | Assembly shall divest himself or herself of such ownership | ||||||
22 | within one year after the effective date of this amendatory Act | ||||||
23 | of the 101st General Assembly. No State employee who works for | ||||||
24 | the Illinois Gaming Board or Illinois Racing Board or spouse or | ||||||
25 | immediate family member living with such person shall, during | ||||||
26 | State employment or within a period of 2 years immediately |
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1 | after termination of State employment, hold an ownership | ||||||
2 | interest, other than a passive interest in a publicly traded | ||||||
3 | company, in any gaming license under the Illinois Gambling Act, | ||||||
4 | the Video Gaming Act, the Illinois Horse Racing Act of 1975, or | ||||||
5 | the Sports Wagering Act. | ||||||
6 | (a-10) This subsection (a-10) applies on and after June 25, | ||||||
7 | 2021. No officer, member, or spouse or immediate family member | ||||||
8 | living with such person, shall, during the officer or member's | ||||||
9 | term in office or within a period of 2 years immediately after | ||||||
10 | leaving office, hold an ownership interest, other than a | ||||||
11 | passive interest in a publicly traded company, in any cannabis | ||||||
12 | business establishment which is licensed under the Cannabis | ||||||
13 | Regulation and Tax Act. Any member of the General Assembly or | ||||||
14 | spouse or immediate family member living with such person who | ||||||
15 | has an ownership interest, other than a passive interest in a | ||||||
16 | publicly traded company, in any cannabis business | ||||||
17 | establishment which is licensed under the Cannabis Regulation | ||||||
18 | and Tax Act at the time of the effective date of this | ||||||
19 | amendatory Act of the 101st General Assembly shall divest | ||||||
20 | himself or herself of such ownership within one year after the | ||||||
21 | effective date of this amendatory Act of the 101st General | ||||||
22 | Assembly. | ||||||
23 | No State employee who works for any State agency that | ||||||
24 | regulates cannabis business establishment license holders who | ||||||
25 | participated personally and substantially in the award of | ||||||
26 | licenses under the Cannabis Regulation and Tax Act or a spouse |
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1 | or immediate family member living with such person shall, | ||||||
2 | during State employment or within a period of 2 years | ||||||
3 | immediately after termination of State employment, hold an | ||||||
4 | ownership interest, other than a passive interest in a publicly | ||||||
5 | traded company, in any cannabis license under the Cannabis | ||||||
6 | Regulation and Tax Act. | ||||||
7 | (b) No former officer of the executive branch or State | ||||||
8 | employee of the
executive branch with regulatory or
licensing | ||||||
9 | authority, or spouse or immediate family member living with | ||||||
10 | such
person, shall, within a period of one year immediately | ||||||
11 | after termination of
State employment, knowingly accept | ||||||
12 | employment or receive compensation or fees
for services from a | ||||||
13 | person or entity if the officer
or State
employee, during the | ||||||
14 | year immediately preceding
termination of State employment, | ||||||
15 | participated personally and substantially in making a | ||||||
16 | regulatory or licensing decision that
directly applied to the | ||||||
17 | person or entity, or its parent or subsidiary.
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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 Support | ||||||
22 | Services shall adopt a policy delineating which State positions | ||||||
23 | under his or her jurisdiction and control, by the nature of | ||||||
24 | their duties, may have the authority to participate personally | ||||||
25 | and substantially in the award of State contracts or in | ||||||
26 | regulatory or licensing decisions. The Governor shall adopt |
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1 | such a policy for all State employees of the executive branch | ||||||
2 | not under the jurisdiction and control of any other executive | ||||||
3 | branch constitutional officer.
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4 | The policies required under subsection (c) of this Section | ||||||
5 | shall be filed with the appropriate ethics commission | ||||||
6 | established under this Act or, for the Auditor General, with | ||||||
7 | the Office of the Auditor General. | ||||||
8 | (d) Each Inspector General shall have the authority to | ||||||
9 | determine that additional State positions under his or her | ||||||
10 | jurisdiction, not otherwise subject to the policies required by | ||||||
11 | subsection (c) of this Section, are nonetheless subject to the | ||||||
12 | notification requirement of subsection (f) below due to their | ||||||
13 | involvement in the award of State contracts or in regulatory or | ||||||
14 | licensing decisions. | ||||||
15 | (e) The Joint Committee on Legislative Support Services, | ||||||
16 | the Auditor General, and each of the executive branch | ||||||
17 | constitutional officers and legislative leaders subject to | ||||||
18 | subsection (c) of this Section shall provide written | ||||||
19 | notification to all employees in positions subject to the | ||||||
20 | policies required by subsection (c) or a determination made | ||||||
21 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
22 | into the relevant position; and (2) at the time the employee's | ||||||
23 | duties are changed in such a way as to qualify that employee. | ||||||
24 | An employee receiving notification must certify in writing that | ||||||
25 | the person was advised of the prohibition and the requirement | ||||||
26 | to notify the appropriate Inspector General in subsection (f). |
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1 | (f) Any State employee in a position subject to the | ||||||
2 | policies required by subsection (c) or to a determination under | ||||||
3 | subsection (d), but who does not fall within the prohibition of | ||||||
4 | subsection (h) below, who is offered non-State employment | ||||||
5 | during State employment or within a period of one year | ||||||
6 | immediately after termination of State employment shall, prior | ||||||
7 | to accepting such non-State employment, notify the appropriate | ||||||
8 | Inspector General. Within 10 calendar days after receiving | ||||||
9 | notification from an employee in a position subject to the | ||||||
10 | policies required by subsection (c), such Inspector General | ||||||
11 | shall make a determination as to whether the State employee is | ||||||
12 | restricted from accepting such employment by subsection (a) or | ||||||
13 | (b). In making a determination, in addition to any other | ||||||
14 | relevant information, an Inspector General shall assess the | ||||||
15 | effect of the prospective employment or relationship upon | ||||||
16 | decisions referred to in subsections (a) and (b), based on the | ||||||
17 | totality of the participation by the former officer, member, or | ||||||
18 | State employee in those decisions. A determination by an | ||||||
19 | Inspector General must be in writing, signed and dated by the | ||||||
20 | Inspector General, and delivered to the subject of the | ||||||
21 | determination within 10 calendar days or the person is deemed | ||||||
22 | eligible for the employment opportunity. For purposes of this | ||||||
23 | subsection, "appropriate Inspector General" means (i) for | ||||||
24 | members and employees of the legislative branch, the | ||||||
25 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
26 | employees of the Office of the Auditor General, the Inspector |
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1 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
2 | executive branch officers and employees, the Inspector General | ||||||
3 | having jurisdiction over the officer or employee. Notice of any | ||||||
4 | determination of an Inspector General and of any such appeal | ||||||
5 | shall be given to the ultimate jurisdictional authority, the | ||||||
6 | Attorney General, and the Executive Ethics Commission. | ||||||
7 | (g) An Inspector General's determination regarding | ||||||
8 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
9 | appropriate Ethics Commission by the person subject to the | ||||||
10 | decision or the Attorney General no later than the 10th | ||||||
11 | calendar day after the date of the determination. | ||||||
12 | On appeal, the Ethics Commission or Auditor General shall | ||||||
13 | seek, accept, and consider written public comments regarding a | ||||||
14 | determination. In deciding whether to uphold an Inspector | ||||||
15 | General's determination, the appropriate Ethics Commission or | ||||||
16 | Auditor General shall assess, in addition to any other relevant | ||||||
17 | information, the effect of the prospective employment or | ||||||
18 | relationship upon the decisions referred to in subsections (a) | ||||||
19 | and (b), based on the totality of the participation by the | ||||||
20 | former officer, member, or State employee in those decisions. | ||||||
21 | The Ethics Commission shall decide whether to uphold an | ||||||
22 | Inspector General's determination within 10 calendar days or | ||||||
23 | the person is deemed eligible for the employment opportunity. | ||||||
24 | (h) The following officers, members, or State employees | ||||||
25 | shall not, within a period of one year immediately after | ||||||
26 | termination of office or State employment, knowingly accept |
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1 | employment or receive compensation or fees for services from a | ||||||
2 | person or entity if the person or entity or its parent or | ||||||
3 | subsidiary, during the year immediately preceding termination | ||||||
4 | of State employment, was a party to a State contract or | ||||||
5 | contracts with a cumulative value of $25,000 or more involving | ||||||
6 | the officer, member, or State employee's State agency, or was | ||||||
7 | the subject of a regulatory or licensing decision involving the | ||||||
8 | officer, member, or State employee's State agency, regardless | ||||||
9 | of whether he or she participated personally and substantially | ||||||
10 | in the award of the State contract or contracts or the making | ||||||
11 | of 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; | ||||||
23 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
24 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
25 | governors; | ||||||
26 | (7) employees of the Illinois Racing Board; and |
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1 | (8) employees of the Illinois Gaming Board. | ||||||
2 | (i) For the purposes of this Section, with respect to | ||||||
3 | officers or employees of a regional transit board, as defined | ||||||
4 | in this Act, the phrase "person or entity" does not include: | ||||||
5 | (i) the United States government, (ii) the State, (iii) | ||||||
6 | municipalities, as defined under Article VII, Section 1 of the | ||||||
7 | Illinois Constitution, (iv) units of local government, as | ||||||
8 | defined under Article VII, Section 1 of the Illinois | ||||||
9 | Constitution, or (v) school districts. | ||||||
10 | (Source: P.A. 101-31, eff. 6-28-19.)"; and | ||||||
11 | by replacing line 12 on page 5 through line 2 on page 6 with the | ||||||
12 | following: | ||||||
13 | "(G-5) "Minor Cannabis Offense" means a violation | ||||||
14 | of Section 4 or 5 of the Cannabis Control Act | ||||||
15 | concerning not more than 30 grams of any substance | ||||||
16 | containing cannabis, provided the violation did not | ||||||
17 | include a penalty enhancement under Section 7 of the | ||||||
18 | Cannabis Control Act and is not associated with an | ||||||
19 | arrest, conviction or other disposition for a violent | ||||||
20 | crime as defined in subsection (c) of Section 3 of the | ||||||
21 | Rights of Crime Victims and Witnesses Act."; and | ||||||
22 | on page 42, by replacing lines 17 through 25 with the | ||||||
23 | following: | ||||||
24 | "documented in the records; and |
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1 | (ii) No criminal charges were filed relating | ||||||
2 | to the arrest or law enforcement interaction or | ||||||
3 | criminal charges were filed and subsequently | ||||||
4 | dismissed or vacated or the arrestee was | ||||||
5 | acquitted."; and | ||||||
6 | on page 108, lines 24 through 26, by replacing " "Cannabis" does | ||||||
7 | not
include industrial hemp as defined and authorized under the
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8 | Industrial Hemp Act. " with ""Cannabis" does not
include | ||||||
9 | industrial hemp as defined and authorized under the
Industrial | ||||||
10 | Hemp Act."; and | ||||||
11 | on page 109, line 3, after "organization,", by inserting | ||||||
12 | " infuser organization, "; and | ||||||
13 | on page 151, line 11, by replacing " wildlife area " with | ||||||
14 | " wildlife area, "; and | ||||||
15 | on page 151, line 12, after " State ", by inserting " or a unit of | ||||||
16 | local government "; and | ||||||
17 | on page 165, by replacing lines 16 and 17 with the following: | ||||||
18 | " seek a license or a licensee that qualifies as a | ||||||
19 | Social Equity Applicant for at least a year . As used in | ||||||
20 | this"; and |
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1 | on page 177, by replacing lines 8 and 9 with the following: | ||||||
2 | "$100,000 and mentorship to incubate , for at
least a year, | ||||||
3 | a Social Equity Applicant intending to
seek a license or a | ||||||
4 | licensee that
qualifies as a Social Equity Applicant for at | ||||||
5 | least a year ."; and | ||||||
6 | on page 250, by replacing lines 25 and 26 with the following: | ||||||
7 | "$100,000 and mentorship to incubate , for at
least a | ||||||
8 | year, a Social Equity Applicant intending to
seek a | ||||||
9 | license or a licensee that
qualifies as a Social Equity | ||||||
10 | Applicant. As used in this"; and | ||||||
11 | by replacing line 19 on page 348 through line 3 on page 349 | ||||||
12 | with the following: | ||||||
13 | "(g) The Department of Human Services Public Health shall | ||||||
14 | develop and disseminate: | ||||||
15 | (1) educational information about the health risks | ||||||
16 | associated with the use of cannabis; and | ||||||
17 | (2) one or more public education campaigns in | ||||||
18 | coordination with local health departments and community | ||||||
19 | organizations, including one or more prevention campaigns | ||||||
20 | directed at children, adolescents, parents, and pregnant | ||||||
21 | or breastfeeding women, to inform them of the potential | ||||||
22 | health risks associated with intentional or unintentional | ||||||
23 | cannabis use."; and |
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1 | by replacing line 15 on page 357 through line 4 on page 358 | ||||||
2 | with the following: | ||||||
3 | "(410 ILCS 705/55-95)
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4 | Sec. 55-95. Conflict of interest. A person is ineligible to | ||||||
5 | apply for, hold, or own financial or voting interest , other | ||||||
6 | than a passive interest in a publicly traded company, in any | ||||||
7 | cannabis business license under this Act if, within a 2-year | ||||||
8 | period from the effective date of this Act, the person or his | ||||||
9 | or her spouse or immediate immediately family member was a | ||||||
10 | member of the General Assembly or a State employee at an agency | ||||||
11 | that regulates cannabis business establishment license holders | ||||||
12 | who participated personally and substantially in the award of | ||||||
13 | licenses under this Act. A person who violates this Section | ||||||
14 | shall be guilty under subsection (b) of Section 50-5 of the | ||||||
15 | State Officials and Employees Ethics Act.
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16 | (Source: P.A. 101-27, eff. 6-25-19.)".
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