HB2749 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2749

 

Introduced 2/19/2021, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-45

    Amends the State Officials and Employees Ethics Act. Provides that no former member of the General Assembly shall, within a period of 2 years immediately following the end of his or her term of office in the General Assembly, engage in lobbying or any other activity that would require registration under the Lobbyist Registration Act.


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A BILL FOR

 

HB2749LRB102 13897 RJF 19248 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
16State contracts, or the issuance of State contract change
17orders, with a cumulative value of $25,000 or more to the
18person or entity, or its parent or subsidiary.
19    (a-5) No officer, member, or spouse or immediate family
20member living with such person shall, during the officer or
21member's term in office or within a period of 2 years
22immediately leaving office, hold an ownership interest, other
23than a passive interest in a publicly traded company, in any

 

 

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1gaming license under the Illinois Gambling Act, the Video
2Gaming Act, the Illinois Horse Racing Act of 1975, or the
3Sports Wagering Act. Any member of the General Assembly or
4spouse or immediate family member living with such person who
5has an ownership interest, other than a passive interest in a
6publicly traded company, in any gaming license under the
7Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
8the Video Gaming Act, or the Sports Wagering Act at the time of
9the effective date of this amendatory Act of the 101st General
10Assembly shall divest himself or herself of such ownership
11within one year after the effective date of this amendatory
12Act of the 101st General Assembly. No State employee who works
13for the Illinois Gaming Board or Illinois Racing Board or
14spouse or immediate family member living with such person
15shall, during State employment or within a period of 2 years
16immediately after termination of State employment, hold an
17ownership interest, other than a passive interest in a
18publicly traded company, in any gaming license under the
19Illinois Gambling Act, the Video Gaming Act, the Illinois
20Horse Racing Act of 1975, or the Sports Wagering Act.
21    (a-10) This subsection (a-10) applies on and after June
2225, 2021. No officer, member, or spouse or immediate family
23member living with such person, shall, during the officer or
24member's term in office or within a period of 2 years
25immediately after leaving office, hold an ownership interest,
26other than a passive interest in a publicly traded company, in

 

 

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1any cannabis business establishment which is licensed under
2the Cannabis Regulation and Tax Act. Any member of the General
3Assembly or spouse or immediate family member living with such
4person who has an ownership interest, other than a passive
5interest in a publicly traded company, in any cannabis
6business establishment which is licensed under the Cannabis
7Regulation and Tax Act at the time of the effective date of
8this amendatory Act of the 101st General Assembly shall divest
9himself or herself of such ownership within one year after the
10effective date of this amendatory Act of the 101st General
11Assembly.
12    No State employee who works for any State agency that
13regulates cannabis business establishment license holders who
14participated personally and substantially in the award of
15licenses under the Cannabis Regulation and Tax Act or a spouse
16or immediate family member living with such person shall,
17during State employment or within a period of 2 years
18immediately after termination of State employment, hold an
19ownership interest, other than a passive interest in a
20publicly traded company, in any cannabis license under the
21Cannabis Regulation and Tax Act.
22    (b) No former officer of the executive branch or State
23employee of the executive branch with regulatory or licensing
24authority, or spouse or immediate family member living with
25such person, shall, within a period of one year immediately
26after termination of State employment, knowingly accept

 

 

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1employment or receive compensation or fees for services from a
2person or entity if the officer or State employee, during the
3year immediately preceding termination of State employment,
4participated personally and substantially in making a
5regulatory or licensing decision that directly applied to the
6person or entity, or its parent or subsidiary.
7    (b-5) No former member of the General Assembly shall,
8within a period of 2 years immediately following the end of his
9or her term of office in the General Assembly, engage in
10lobbying, as defined under the Lobbyist Registration Act, or
11any other activity that would require registration under the
12Lobbyist Registration Act.
13    (c) Within 6 months after the effective date of this
14amendatory Act of the 96th General Assembly, each executive
15branch constitutional officer and legislative leader, the
16Auditor General, and the Joint Committee on Legislative
17Support Services shall adopt a policy delineating which State
18positions under his or her jurisdiction and control, by the
19nature of their duties, may have the authority to participate
20personally and substantially in the award of State contracts
21or in regulatory or licensing decisions. The Governor shall
22adopt such a policy for all State employees of the executive
23branch not under the jurisdiction and control of any other
24executive branch constitutional officer.
25    The policies required under subsection (c) of this Section
26shall be filed with the appropriate ethics commission

 

 

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

 

 

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1employment during State employment or within a period of one
2year immediately after termination of State employment shall,
3prior to accepting such non-State employment, notify the
4appropriate Inspector General. Within 10 calendar days after
5receiving notification from an employee in a position subject
6to the policies required by subsection (c), such Inspector
7General shall make a determination as to whether the State
8employee is restricted from accepting such employment by
9subsection (a) or (b). In making a determination, in addition
10to any other relevant information, an Inspector General shall
11assess the effect of the prospective employment or
12relationship upon decisions referred to in subsections (a) and
13(b), based on the totality of the participation by the former
14officer, member, or State employee in those decisions. A
15determination by an Inspector General must be in writing,
16signed and dated by the Inspector General, and delivered to
17the subject of the determination within 10 calendar days or
18the person is deemed eligible for the employment opportunity.
19For purposes of this subsection, "appropriate Inspector
20General" means (i) for members and employees of the
21legislative branch, the Legislative Inspector General; (ii)
22for the Auditor General and employees of the Office of the
23Auditor General, the Inspector General provided for in Section
2430-5 of this Act; and (iii) for executive branch officers and
25employees, the Inspector General having jurisdiction over the
26officer or employee. Notice of any determination of an

 

 

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

 

 

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1of State employment, was a party to a State contract or
2contracts with a cumulative value of $25,000 or more involving
3the officer, member, or State employee's State agency, or was
4the subject of a regulatory or licensing decision involving
5the officer, member, or State employee's State agency,
6regardless of whether he or she participated personally and
7substantially in the award of the State contract or contracts
8or the making of the regulatory or licensing decision in
9question:
10        (1) members or officers;
11        (2) members of a commission or board created by the
12    Illinois Constitution;
13        (3) persons whose appointment to office is subject to
14    the advice and consent of the Senate;
15        (4) the head of a department, commission, board,
16    division, bureau, authority, or other administrative unit
17    within the government of this State;
18        (5) chief procurement officers, State purchasing
19    officers, and their designees whose duties are directly
20    related to State procurement;
21        (6) chiefs of staff, deputy chiefs of staff, associate
22    chiefs of staff, assistant chiefs of staff, and deputy
23    governors;
24        (7) employees of the Illinois Racing Board; and
25        (8) employees of the Illinois Gaming Board.
26    (i) For the purposes of this Section, with respect to

 

 

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1officers or employees of a regional transit board, as defined
2in this Act, the phrase "person or entity" does not include:
3(i) the United States government, (ii) the State, (iii)
4municipalities, as defined under Article VII, Section 1 of the
5Illinois Constitution, (iv) units of local government, as
6defined under Article VII, Section 1 of the Illinois
7Constitution, or (v) school districts.
8(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)