102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2651

 

Introduced 2/19/2021, by Rep. Fred Crespo

 

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.


LRB102 15099 RJF 20454 b

 

 

A BILL FOR

 

HB2651LRB102 15099 RJF 20454 b

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 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

 

 

HB2651- 2 -LRB102 15099 RJF 20454 b

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
13Act of the 101st General Assembly. No State employee who works
14for the Illinois Gaming Board or Illinois Racing Board or
15spouse or immediate family member living with such person
16shall, during State employment or within a period of 2 years
17immediately after termination of State employment, hold an
18ownership interest, other than a passive interest in a
19publicly traded company, in any gaming license under the
20Illinois Gambling Act, the Video Gaming Act, the Illinois
21Horse Racing Act of 1975, or the Sports Wagering Act.
22    (a-10) This subsection (a-10) applies on and after June
2325, 2021. No officer, member, or spouse or immediate family
24member living with such person, shall, during the officer or
25member's term in office or within a period of 2 years
26immediately after leaving office, hold an ownership interest,

 

 

HB2651- 3 -LRB102 15099 RJF 20454 b

1other than a passive interest in a publicly traded company, in
2any cannabis business establishment which is licensed under
3the Cannabis Regulation and Tax Act. Any member of the General
4Assembly or spouse or immediate family member living with such
5person who has an ownership interest, other than a passive
6interest in a publicly traded company, in any cannabis
7business establishment which is licensed under the Cannabis
8Regulation and Tax Act at the time of the effective date of
9this amendatory 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
21publicly traded company, in any cannabis license under the
22Cannabis Regulation 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

 

 

HB2651- 4 -LRB102 15099 RJF 20454 b

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
12Support Services shall adopt a policy delineating which State
13positions under his or her jurisdiction and control, by the
14nature of their duties, may have the authority to participate
15personally and substantially in the award of or the fiscal
16administration of State contracts or in regulatory or
17licensing decisions. The Governor shall adopt such a policy
18for all State employees of the executive branch not under the
19jurisdiction and control of any other executive branch
20constitutional officer.
21    The policies required under subsection (c) of this Section
22shall be filed with the appropriate ethics commission
23established under this Act or, for the Auditor General, with
24the Office of the Auditor General.
25    (d) Each Inspector General shall have the authority to
26determine that additional State positions under his or her

 

 

HB2651- 5 -LRB102 15099 RJF 20454 b

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

 

 

HB2651- 6 -LRB102 15099 RJF 20454 b

1receiving notification from an employee in a position subject
2to the policies required by subsection (c), such Inspector
3General shall make a determination as to whether the State
4employee is restricted from accepting such employment by
5subsection (a) or (b). In making a determination, in addition
6to any other relevant information, an Inspector General shall
7assess the effect of the prospective employment or
8relationship upon decisions referred to in subsections (a) and
9(b), based on the totality of the participation by the former
10officer, member, or State employee in those decisions. A
11determination by an Inspector General must be in writing,
12signed and dated by the Inspector General, and delivered to
13the subject of the determination within 10 calendar days or
14the person is deemed eligible for the employment opportunity.
15For purposes of this subsection, "appropriate Inspector
16General" means (i) for members and employees of the
17legislative branch, the Legislative Inspector General; (ii)
18for the Auditor General and employees of the Office of the
19Auditor General, the Inspector General provided for in Section
2030-5 of this Act; and (iii) for executive branch officers and
21employees, the Inspector General having jurisdiction over the
22officer or employee. Notice of any determination of an
23Inspector General and of any such appeal shall be given to the
24ultimate jurisdictional authority, the Attorney General, and
25the Executive Ethics Commission.
26    (g) An Inspector General's determination regarding

 

 

HB2651- 7 -LRB102 15099 RJF 20454 b

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

 

 

HB2651- 8 -LRB102 15099 RJF 20454 b

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

 

 

HB2651- 9 -LRB102 15099 RJF 20454 b

1municipalities, as defined under Article VII, Section 1 of the
2Illinois Constitution, (iv) units of local government, as
3defined under Article VII, Section 1 of the Illinois
4Constitution, or (v) school districts.
5(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.