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Full Text of SB0549  102nd General Assembly

SB0549 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0549

 

Introduced 2/23/2021, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/2-115 new
5 ILCS 430/5-45

    Amends the Illinois Governmental Ethics Act. Provides limitations concerning employment of a member of the General Assembly by a lobbying entity. Amends the State Officials and Employees Ethics Act. Provides a revolving door prohibition on former members of the General Assembly lobbying the General Assembly within a specified period of time. Makes conforming changes. Effective immediately.


LRB102 05085 RJF 15104 b

 

 

A BILL FOR

 

SB0549LRB102 05085 RJF 15104 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 Illinois Governmental Ethics Act is amended
5by adding Section 2-115 as follows:
 
6    (5 ILCS 420/2-115 new)
7    Sec. 2-115. Future employment with lobbying entity. No
8legislator may, during his or her term of office, negotiate
9for employment with a lobbying entity, as that term is defined
10in Section 2 of the Lobbyist Registration Act, if that
11lobbying entity engages in lobbying with members of the
12General Assembly during the legislator's term of office.
 
13    Section 10. The State Officials and Employees Ethics Act
14is amended by changing Section 5-45 as follows:
 
15    (5 ILCS 430/5-45)
16    Sec. 5-45. Procurement; revolving door prohibition.
17    (a) No former officer, member, or State employee, or
18spouse or immediate family member living with such person,
19shall, within a period of one year immediately after
20termination of State employment, knowingly accept employment
21or receive compensation or fees for services from a person or

 

 

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1entity if the officer, member, or State employee, during the
2year immediately preceding termination of State employment,
3participated personally and substantially in the award of
4State contracts, or the issuance of State contract change
5orders, with a cumulative value of $25,000 or more to the
6person or entity, or its parent or subsidiary.
7    (a-5) No officer, member, or spouse or immediate family
8member living with such person shall, during the officer or
9member's term in office or within a period of 2 years
10immediately leaving office, hold an ownership interest, other
11than a passive interest in a publicly traded company, in any
12gaming license under the Illinois Gambling Act, the Video
13Gaming Act, the Illinois Horse Racing Act of 1975, or the
14Sports Wagering Act. Any member of the General Assembly or
15spouse or immediate family member living with such person who
16has an ownership interest, other than a passive interest in a
17publicly traded company, in any gaming license under the
18Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
19the Video Gaming Act, or the Sports Wagering Act at the time of
20the effective date of this amendatory Act of the 101st General
21Assembly shall divest himself or herself of such ownership
22within one year after the effective date of this amendatory
23Act of the 101st General Assembly. No State employee who works
24for the Illinois Gaming Board or Illinois Racing Board or
25spouse or immediate family member living with such person
26shall, during State employment or within a period of 2 years

 

 

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1immediately after termination of State employment, hold an
2ownership interest, other than a passive interest in a
3publicly traded company, in any gaming license under the
4Illinois Gambling Act, the Video Gaming Act, the Illinois
5Horse Racing Act of 1975, or the Sports Wagering Act.
6    (a-10) This subsection (a-10) applies on and after June
725, 2021. No officer, member, or spouse or immediate family
8member living with such person, shall, during the officer or
9member's term in office or within a period of 2 years
10immediately after leaving office, hold an ownership interest,
11other than a passive interest in a publicly traded company, in
12any cannabis business establishment which is licensed under
13the Cannabis Regulation and Tax Act. Any member of the General
14Assembly or spouse or immediate family member living with such
15person who has an ownership interest, other than a passive
16interest in a publicly traded company, in any cannabis
17business establishment which is licensed under the Cannabis
18Regulation and Tax Act at the time of the effective date of
19this amendatory Act of the 101st General Assembly shall divest
20himself or herself of such ownership within one year after the
21effective date of this amendatory Act of the 101st General
22Assembly.
23    No State employee who works for any State agency that
24regulates cannabis business establishment license holders who
25participated personally and substantially in the award of
26licenses under the Cannabis Regulation and Tax Act or a spouse

 

 

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1or immediate family member living with such person shall,
2during State employment or within a period of 2 years
3immediately after termination of State employment, hold an
4ownership interest, other than a passive interest in a
5publicly traded company, in any cannabis license under the
6Cannabis Regulation and Tax Act.
7    (b) No former officer of the executive branch or State
8employee of the executive branch with regulatory or licensing
9authority, or spouse or immediate family member living with
10such person, shall, within a period of one year immediately
11after termination of State employment, knowingly accept
12employment or receive compensation or fees for services from a
13person or entity if the officer or State employee, during the
14year immediately preceding termination of State employment,
15participated personally and substantially in making a
16regulatory or licensing decision that directly applied to the
17person or entity, or its parent or subsidiary.
18    (c) Within 6 months after the effective date of this
19amendatory Act of the 96th General Assembly, each executive
20branch constitutional officer and legislative leader, the
21Auditor General, and the Joint Committee on Legislative
22Support Services shall adopt a policy delineating which State
23positions under his or her jurisdiction and control, by the
24nature of their duties, may have the authority to participate
25personally and substantially in the award of State contracts
26or in regulatory or licensing decisions. The Governor shall

 

 

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1adopt such a policy for all State employees of the executive
2branch not under the jurisdiction and control of any other
3executive branch constitutional officer.
4    The policies required under subsection (c) of this Section
5shall be filed with the appropriate ethics commission
6established under this Act or, for the Auditor General, with
7the Office of the Auditor General.
8    (d) Each Inspector General shall have the authority to
9determine that additional State positions under his or her
10jurisdiction, not otherwise subject to the policies required
11by subsection (c) of this Section, are nonetheless subject to
12the notification requirement of subsection (f) below due to
13their involvement in the award of State contracts or in
14regulatory or licensing decisions.
15    (e) The Joint Committee on Legislative Support Services,
16the Auditor General, and each of the executive branch
17constitutional officers and legislative leaders subject to
18subsection (c) of this Section shall provide written
19notification to all employees in positions subject to the
20policies required by subsection (c) or a determination made
21under subsection (d): (1) upon hiring, promotion, or transfer
22into the relevant position; and (2) at the time the employee's
23duties are changed in such a way as to qualify that employee.
24An employee receiving notification must certify in writing
25that the person was advised of the prohibition and the
26requirement to notify the appropriate Inspector General in

 

 

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1subsection (f).
2    (f) Any State employee in a position subject to the
3policies required by subsection (c) or to a determination
4under subsection (d), but who does not fall within the
5prohibition of subsection (h) below, who is offered non-State
6employment during State employment or within a period of one
7year immediately after termination of State employment shall,
8prior to accepting such non-State employment, notify the
9appropriate Inspector General. Within 10 calendar days after
10receiving notification from an employee in a position subject
11to the policies required by subsection (c), such Inspector
12General shall make a determination as to whether the State
13employee is restricted from accepting such employment by
14subsection (a) or (b). In making a determination, in addition
15to any other relevant information, an Inspector General shall
16assess the effect of the prospective employment or
17relationship upon decisions referred to in subsections (a) and
18(b), based on the totality of the participation by the former
19officer, member, or State employee in those decisions. A
20determination by an Inspector General must be in writing,
21signed and dated by the Inspector General, and delivered to
22the subject of the determination within 10 calendar days or
23the person is deemed eligible for the employment opportunity.
24For purposes of this subsection, "appropriate Inspector
25General" means (i) for members and employees of the
26legislative branch, the Legislative Inspector General; (ii)

 

 

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1for the Auditor General and employees of the Office of the
2Auditor General, the Inspector General provided for in Section
330-5 of this Act; and (iii) for executive branch officers and
4employees, the Inspector General having jurisdiction over the
5officer or employee. Notice of any determination of an
6Inspector General and of any such appeal shall be given to the
7ultimate jurisdictional authority, the Attorney General, and
8the Executive Ethics Commission.
9    (g) An Inspector General's determination regarding
10restrictions under subsection (a) or (b) may be appealed to
11the appropriate Ethics Commission by the person subject to the
12decision or the Attorney General no later than the 10th
13calendar day after the date of the determination.
14    On appeal, the Ethics Commission or Auditor General shall
15seek, accept, and consider written public comments regarding a
16determination. In deciding whether to uphold an Inspector
17General's determination, the appropriate Ethics Commission or
18Auditor General shall assess, in addition to any other
19relevant information, the effect of the prospective employment
20or relationship upon the decisions referred to in subsections
21(a) and (b), based on the totality of the participation by the
22former officer, member, or State employee in those decisions.
23The Ethics Commission shall decide whether to uphold an
24Inspector General's determination within 10 calendar days or
25the person is deemed eligible for the employment opportunity.
26    (h) The following officers, members, or State employees

 

 

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1shall not, within a period of one year immediately after
2termination of office or State employment, knowingly accept
3employment or receive compensation or fees for services from a
4person or entity if the person or entity or its parent or
5subsidiary, during the year immediately preceding termination
6of State employment, was a party to a State contract or
7contracts with a cumulative value of $25,000 or more involving
8the officer, member, or State employee's State agency, or was
9the subject of a regulatory or licensing decision involving
10the officer, member, or State employee's State agency,
11regardless of whether he or she participated personally and
12substantially in the award of the State contract or contracts
13or the making of the regulatory or licensing decision in
14question:
15        (1) members or officers;
16        (2) members of a commission or board created by the
17    Illinois Constitution;
18        (3) persons whose appointment to office is subject to
19    the advice and consent of the Senate;
20        (4) the head of a department, commission, board,
21    division, bureau, authority, or other administrative unit
22    within the government of this State;
23        (5) chief procurement officers, State purchasing
24    officers, and their designees whose duties are directly
25    related to State procurement;
26        (6) chiefs of staff, deputy chiefs of staff, associate

 

 

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1    chiefs of staff, assistant chiefs of staff, and deputy
2    governors;
3        (7) employees of the Illinois Racing Board; and
4        (8) employees of the Illinois Gaming Board.
5    (h-5) A member may not, within a period of one year after
6leaving office or within a period of one year after the end of
7the term of office to which the member was elected, whichever
8is longer, engage in lobbying with members of the General
9Assembly, if the member accepts compensation specifically
10attributable to that lobbying. Nothing in this subsection
11(h-5) prohibits a member from lobbying without compensation.
12    (i) For the purposes of this Section, with respect to
13officers or employees of a regional transit board, as defined
14in this Act, the phrase "person or entity" does not include:
15(i) the United States government, (ii) the State, (iii)
16municipalities, as defined under Article VII, Section 1 of the
17Illinois Constitution, (iv) units of local government, as
18defined under Article VII, Section 1 of the Illinois
19Constitution, or (v) school districts.
20(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.