Full Text of SB4016 101st General Assembly
SB4016 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB4016 Introduced 1/4/2021, by Sen. Jil Tracy - John F. Curran - Dan McConchie - Dale A. Righter, Paul Schimpf, et al. 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.
|
| |
| | A BILL FOR |
|
| | | SB4016 | | LRB101 22329 RJF 73372 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 Illinois Governmental Ethics Act is amended | 5 | | by adding Section 2-115 as follows: | 6 | | (5 ILCS 420/2-115 new) | 7 | | Sec. 2-115. Future employment with lobbying entity. No | 8 | | legislator may, during his or her term of office, negotiate for | 9 | | employment with a lobbying entity, as that term is defined in | 10 | | Section 2 of the Lobbyist Registration Act, if that lobbying | 11 | | entity engages in lobbying with members of the General Assembly | 12 | | during the legislator's term of office. | 13 | | Section 10. The State Officials and Employees Ethics Act is | 14 | | 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 spouse | 18 | | or
immediate family member living with such person, shall, | 19 | | within a period of one
year immediately after termination of | 20 | | State employment, knowingly accept
employment or receive | 21 | | compensation or fees for services from a person or entity
if |
| | | SB4016 | - 2 - | LRB101 22329 RJF 73372 b |
|
| 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.
| 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 |
| | | SB4016 | - 3 - | LRB101 22329 RJF 73372 b |
|
| 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 |
| | | SB4016 | - 4 - | LRB101 22329 RJF 73372 b |
|
| 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.
| 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 |
| | | SB4016 | - 5 - | LRB101 22329 RJF 73372 b |
|
| 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.
| 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). |
| | | SB4016 | - 6 - | LRB101 22329 RJF 73372 b |
|
| 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 |
| | | SB4016 | - 7 - | LRB101 22329 RJF 73372 b |
|
| 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 |
| | | SB4016 | - 8 - | LRB101 22329 RJF 73372 b |
|
| 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 |
| | | SB4016 | - 9 - | LRB101 22329 RJF 73372 b |
|
| 1 | | (8) employees of the Illinois Gaming Board. | 2 | | (h-5) A member may not, within a period of one year after | 3 | | leaving office or within a period of one year after the end of | 4 | | the term of office to which the member was elected, whichever | 5 | | is longer, engage in lobbying with members of the General | 6 | | Assembly, if the member accepts compensation specifically | 7 | | attributable to that lobbying. Nothing in this subsection (h-5) | 8 | | prohibits a member from lobbying without compensation. | 9 | | (i) For the purposes of this Section, with respect to | 10 | | officers or employees of a regional transit board, as defined | 11 | | in this Act, the phrase "person or entity" does not include: | 12 | | (i) the United States government, (ii) the State, (iii) | 13 | | municipalities, as defined under Article VII, Section 1 of the | 14 | | Illinois Constitution, (iv) units of local government, as | 15 | | defined under Article VII, Section 1 of the Illinois | 16 | | Constitution, or (v) school districts. | 17 | | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
|
|