SB1557ham002 101ST GENERAL ASSEMBLY

Rep. Celina Villanueva

Adopted in House on Nov 14, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1557

2    AMENDMENT NO. ______. Amend Senate Bill 1557, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 1, lines 4 and 5 by replacing "The Election Code is
5amended by changing Section 9-45 as follows:" with "The State
6Officials and Employees Ethics Act is amended by changing
7Section 5-45 as follows:"; and
 
8by replacing line 6 on page 1 through line 8 on page 2 with the
9following:
 
10    "(5 ILCS 430/5-45)
11    Sec. 5-45. Procurement; revolving door prohibition.
12    (a) No former officer, member, or State employee, or spouse
13or immediate family member living with such person, shall,
14within a period of one year immediately after termination of
15State employment, knowingly accept employment or receive
16compensation or fees for services from a person or entity if

 

 

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1the officer, member, or State employee, during the year
2immediately preceding termination of State employment,
3participated personally and substantially in the award of State
4contracts, or the issuance of State contract change orders,
5with a cumulative value of $25,000 or more to the person or
6entity, 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 Act
23of the 101st General Assembly. No State employee who works for
24the Illinois Gaming Board or Illinois Racing Board or spouse or
25immediate family member living with such person shall, during
26State employment or within a period of 2 years immediately

 

 

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1after termination of State employment, hold an ownership
2interest, other than a passive interest in a publicly traded
3company, in any gaming license under the Illinois Gambling Act,
4the Video Gaming Act, the Illinois Horse Racing Act of 1975, or
5the Sports Wagering Act.
6    (a-10) This subsection (a-10) applies on and after June 25,
72021. No officer, member, or spouse or immediate family member
8living with such person, shall, during the officer or member's
9term in office or within a period of 2 years immediately after
10leaving office, hold an ownership interest, other than a
11passive interest in a publicly traded company, in any cannabis
12business establishment which is licensed under the Cannabis
13Regulation and Tax Act. Any member of the General Assembly or
14spouse or immediate family member living with such person who
15has an ownership interest, other than a passive interest in a
16publicly traded company, in any cannabis business
17establishment which is licensed under the Cannabis Regulation
18and Tax Act at the time of the effective date of this
19amendatory 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 publicly
5traded company, in any cannabis license under the Cannabis
6Regulation 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 Support
22Services shall adopt a policy delineating which State positions
23under his or her jurisdiction and control, by the nature of
24their duties, may have the authority to participate personally
25and substantially in the award of State contracts or in
26regulatory or licensing decisions. The Governor shall adopt

 

 

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1such a policy for all State employees of the executive branch
2not under the jurisdiction and control of any other executive
3branch 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 by
11subsection (c) of this Section, are nonetheless subject to the
12notification requirement of subsection (f) below due to their
13involvement in the award of State contracts or in regulatory or
14licensing 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 that
25the person was advised of the prohibition and the requirement
26to notify the appropriate Inspector General in subsection (f).

 

 

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

 

 

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1General provided for in Section 30-5 of this Act; and (iii) for
2executive branch officers and employees, the Inspector General
3having jurisdiction over the officer or employee. Notice of any
4determination of an Inspector General and of any such appeal
5shall be given to the ultimate jurisdictional authority, the
6Attorney General, and the Executive Ethics Commission.
7    (g) An Inspector General's determination regarding
8restrictions under subsection (a) or (b) may be appealed to the
9appropriate Ethics Commission by the person subject to the
10decision or the Attorney General no later than the 10th
11calendar day after the date of the determination.
12    On appeal, the Ethics Commission or Auditor General shall
13seek, accept, and consider written public comments regarding a
14determination. In deciding whether to uphold an Inspector
15General's determination, the appropriate Ethics Commission or
16Auditor General shall assess, in addition to any other relevant
17information, the effect of the prospective employment or
18relationship upon the decisions referred to in subsections (a)
19and (b), based on the totality of the participation by the
20former officer, member, or State employee in those decisions.
21The Ethics Commission shall decide whether to uphold an
22Inspector General's determination within 10 calendar days or
23the person is deemed eligible for the employment opportunity.
24    (h) The following officers, members, or State employees
25shall not, within a period of one year immediately after
26termination of office or State employment, knowingly accept

 

 

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1employment or receive compensation or fees for services from a
2person or entity if the person or entity or its parent or
3subsidiary, during the year immediately preceding termination
4of State employment, was a party to a State contract or
5contracts with a cumulative value of $25,000 or more involving
6the officer, member, or State employee's State agency, or was
7the subject of a regulatory or licensing decision involving the
8officer, member, or State employee's State agency, regardless
9of whether he or she participated personally and substantially
10in the award of the State contract or contracts or the making
11of 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
3officers or employees of a regional transit board, as defined
4in this Act, the phrase "person or entity" does not include:
5(i) the United States government, (ii) the State, (iii)
6municipalities, as defined under Article VII, Section 1 of the
7Illinois Constitution, (iv) units of local government, as
8defined under Article VII, Section 1 of the Illinois
9Constitution, or (v) school districts.
10(Source: P.A. 101-31, eff. 6-28-19.)"; and
 
11by replacing line 12 on page 5 through line 2 on page 6 with the
12following:
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
 
22on page 42, by replacing lines 17 through 25 with the
23following:
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
 
6on page 108, lines 24 through 26, by replacing ""Cannabis" does
7not include industrial hemp as defined and authorized under the
8Industrial Hemp Act." with ""Cannabis" does not include
9industrial hemp as defined and authorized under the Industrial
10Hemp Act."; and
 
11on page 109, line 3, after "organization,", by inserting
12"infuser organization,"; and
 
13on page 151, line 11, by replacing "wildlife area" with
14"wildlife area,"; and
 
15on page 151, line 12, after "State", by inserting "or a unit of
16local government"; and
 
17on 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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1on 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
 
6on 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
 
11by replacing line 19 on page 348 through line 3 on page 349
12with the following:
13    "(g) The Department of Human Services Public Health shall
14develop 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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1by replacing line 15 on page 357 through line 4 on page 358
2with the following:
 
3    "(410 ILCS 705/55-95)
4    Sec. 55-95. Conflict of interest. A person is ineligible to
5apply for, hold, or own financial or voting interest, other
6than a passive interest in a publicly traded company, in any
7cannabis business license under this Act if, within a 2-year
8period from the effective date of this Act, the person or his
9or her spouse or immediate immediately family member was a
10member of the General Assembly or a State employee at an agency
11that regulates cannabis business establishment license holders
12who participated personally and substantially in the award of
13licenses under this Act. A person who violates this Section
14shall be guilty under subsection (b) of Section 50-5 of the
15State Officials and Employees Ethics Act.
16(Source: P.A. 101-27, eff. 6-25-19.)".