Illinois 2023-2024 Regular Session

Illinois House Bill HB4286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4286 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that an officer of the executive branch, a member of the General Assembly, a person whose appointment to office is subject to the advice and consent of the Senate, or a person who is the head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of the State who takes office after the effective date of the amendatory Act may not engage in activities at the State level that require registration under the Lobbyist Registration Act until 3 years after leaving office. Currently, officers of the executive branch and members of the General Assembly may not engage in activities at the State level that require registration under the Lobbyist Registration Act during the term of which he or she was elected or appointed until 6 months after leaving office. Effective immediately. LRB103 35377 AWJ 65442 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4286 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that an officer of the executive branch, a member of the General Assembly, a person whose appointment to office is subject to the advice and consent of the Senate, or a person who is the head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of the State who takes office after the effective date of the amendatory Act may not engage in activities at the State level that require registration under the Lobbyist Registration Act until 3 years after leaving office. Currently, officers of the executive branch and members of the General Assembly may not engage in activities at the State level that require registration under the Lobbyist Registration Act during the term of which he or she was elected or appointed until 6 months after leaving office. Effective immediately. LRB103 35377 AWJ 65442 b LRB103 35377 AWJ 65442 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4286 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/5-45 5 ILCS 430/5-45
4	4	5 ILCS 430/5-45
5	5	Amends the State Officials and Employees Ethics Act. Provides that an officer of the executive branch, a member of the General Assembly, a person whose appointment to office is subject to the advice and consent of the Senate, or a person who is the head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of the State who takes office after the effective date of the amendatory Act may not engage in activities at the State level that require registration under the Lobbyist Registration Act until 3 years after leaving office. Currently, officers of the executive branch and members of the General Assembly may not engage in activities at the State level that require registration under the Lobbyist Registration Act during the term of which he or she was elected or appointed until 6 months after leaving office. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Officials and Employees Ethics Act is
15	15	5 amended by changing Section 5-45 as follows:
16	16	6 (5 ILCS 430/5-45)
17	17	7 Sec. 5-45. Procurement; revolving door prohibition.
18	18	8 (a) No former officer, member, or State employee, or
19	19	9 spouse or immediate family member living with such person,
20	20	10 shall, within a period of one year immediately after
21	21	11 termination of State employment, knowingly accept employment
22	22	12 or receive compensation or fees for services from a person or
23	23	13 entity if the officer, member, or State employee, during the
24	24	14 year immediately preceding termination of State employment,
25	25	15 participated personally and substantially in the award or
26	26	16 fiscal administration of State contracts, or the issuance of
27	27	17 State contract change orders, with a cumulative value of
28	28	18 $25,000 or more to the person or entity, or its parent or
29	29	19 subsidiary.
30	30	20 (a-5) No officer, member, or spouse or immediate family
31	31	21 member living with such person shall, during the officer or
32	32	22 member's term in office or within a period of 2 years
33	33	23 immediately leaving office, hold an ownership interest, other
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4286 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 430/5-45 5 ILCS 430/5-45
39	39	5 ILCS 430/5-45
40	40	Amends the State Officials and Employees Ethics Act. Provides that an officer of the executive branch, a member of the General Assembly, a person whose appointment to office is subject to the advice and consent of the Senate, or a person who is the head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of the State who takes office after the effective date of the amendatory Act may not engage in activities at the State level that require registration under the Lobbyist Registration Act until 3 years after leaving office. Currently, officers of the executive branch and members of the General Assembly may not engage in activities at the State level that require registration under the Lobbyist Registration Act during the term of which he or she was elected or appointed until 6 months after leaving office. Effective immediately.
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43	43	A BILL FOR
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68	68	1 than a passive interest in a publicly traded company, in any
69	69	2 gaming license under the Illinois Gambling Act, the Video
70	70	3 Gaming Act, the Illinois Horse Racing Act of 1975, or the
71	71	4 Sports Wagering Act. Any member of the General Assembly or
72	72	5 spouse or immediate family member living with such person who
73	73	6 has an ownership interest, other than a passive interest in a
74	74	7 publicly traded company, in any gaming license under the
75	75	8 Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
76	76	9 the Video Gaming Act, or the Sports Wagering Act at the time of
77	77	10 the effective date of this amendatory Act of the 101st General
78	78	11 Assembly shall divest himself or herself of such ownership
79	79	12 within one year after the effective date of this amendatory
80	80	13 Act of the 101st General Assembly. No State employee who works
81	81	14 for the Illinois Gaming Board or Illinois Racing Board or
82	82	15 spouse or immediate family member living with such person
83	83	16 shall, during State employment or within a period of 2 years
84	84	17 immediately after termination of State employment, hold an
85	85	18 ownership interest, other than a passive interest in a
86	86	19 publicly traded company, in any gaming license under the
87	87	20 Illinois Gambling Act, the Video Gaming Act, the Illinois
88	88	21 Horse Racing Act of 1975, or the Sports Wagering Act.
89	89	22 (a-10) This subsection (a-10) applies on and after June
90	90	23 25, 2021. No officer, member, or spouse or immediate family
91	91	24 member living with such person, shall, during the officer or
92	92	25 member's term in office or within a period of 2 years
93	93	26 immediately after leaving office, hold an ownership interest,
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104	104	1 other than a passive interest in a publicly traded company, in
105	105	2 any cannabis business establishment which is licensed under
106	106	3 the Cannabis Regulation and Tax Act. Any member of the General
107	107	4 Assembly or spouse or immediate family member living with such
108	108	5 person who has an ownership interest, other than a passive
109	109	6 interest in a publicly traded company, in any cannabis
110	110	7 business establishment which is licensed under the Cannabis
111	111	8 Regulation and Tax Act at the time of the effective date of
112	112	9 this amendatory Act of the 101st General Assembly shall divest
113	113	10 himself or herself of such ownership within one year after the
114	114	11 effective date of this amendatory Act of the 101st General
115	115	12 Assembly.
116	116	13 No State employee who works for any State agency that
117	117	14 regulates cannabis business establishment license holders who
118	118	15 participated personally and substantially in the award of
119	119	16 licenses under the Cannabis Regulation and Tax Act or a spouse
120	120	17 or immediate family member living with such person shall,
121	121	18 during State employment or within a period of 2 years
122	122	19 immediately after termination of State employment, hold an
123	123	20 ownership interest, other than a passive interest in a
124	124	21 publicly traded company, in any cannabis license under the
125	125	22 Cannabis Regulation and Tax Act.
126	126	23 (b) No former officer of the executive branch or State
127	127	24 employee of the executive branch with regulatory or licensing
128	128	25 authority, or spouse or immediate family member living with
129	129	26 such person, shall, within a period of one year immediately
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140	140	1 after termination of State employment, knowingly accept
141	141	2 employment or receive compensation or fees for services from a
142	142	3 person or entity if the officer or State employee, during the
143	143	4 year immediately preceding termination of State employment,
144	144	5 participated personally and substantially in making a
145	145	6 regulatory or licensing decision that directly applied to the
146	146	7 person or entity, or its parent or subsidiary.
147	147	8 (b-5) For an officer of the executive branch taking office
148	148	9 on January 1, 2022 through the effective date of this
149	149	10 amendatory Act of the 103rd General Assembly, the officer may
150	150	11 not Beginning January 1, 2022, no former officer of the
151	151	12 executive branch shall engage in activities at the State level
152	152	13 that require registration under the Lobbyist Registration Act
153	153	14 during the term of which he or she was elected or appointed
154	154	15 until 6 months after leaving office. For an officer of the
155	155	16 executive branch taking office after the effective date of
156	156	17 this amendatory Act of the 103rd General Assembly, the officer
157	157	18 may not engage in activities at the State level that require
158	158	19 registration under the Lobbyist Registration Act until 3 years
159	159	20 after leaving office.
160	160	21 (b-6) Notwithstanding any other provisions in this Act,
161	161	22 for a person whose appointment to office after the effective
162	162	23 date of this amendatory Act of the 103rd General Assembly is
163	163	24 subject to the advice and consent of the Senate or a person who
164	164	25 is the head of a department, commission, board, division,
165	165	26 bureau, authority, or other administrative unit within the
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176	176	1 government of this State who takes office after the effective
177	177	2 date of this amendatory Act of the 103rd General Assembly, the
178	178	3 person may not engage in activities at the State level that
179	179	4 require registration under the Lobbyist Registration Act until
180	180	5 3 years after leaving office.
181	181	6 (b-7) For a member taking office on the second Wednesday
182	182	7 in January of 2023 through the effective date of this
183	183	8 amendatory Act of the 103rd General Assembly, the member may
184	184	9 not Beginning the second Wednesday in January of 2023, no
185	185	10 former member shall engage in activities at the State level
186	186	11 that require registration under the Lobbyist Registration Act
187	187	12 in a General Assembly of which he or she was a member until 6
188	188	13 months after leaving office. For a member taking office after
189	189	14 the effective date of this amendatory Act of the 103rd General
190	190	15 Assembly, the member may not engage in activities at the State
191	191	16 level that require registration under the Lobbyist
192	192	17 Registration Act until 3 years after leaving office.
193	193	18 (c) Within 6 months after the effective date of this
194	194	19 amendatory Act of the 96th General Assembly, each executive
195	195	20 branch constitutional officer and legislative leader, the
196	196	21 Auditor General, and the Joint Committee on Legislative
197	197	22 Support Services shall adopt a policy delineating which State
198	198	23 positions under his or her jurisdiction and control, by the
199	199	24 nature of their duties, may have the authority to participate
200	200	25 personally and substantially in the award or fiscal
201	201	26 administration of State contracts or in regulatory or
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212	212	1 licensing decisions. The Governor shall adopt such a policy
213	213	2 for all State employees of the executive branch not under the
214	214	3 jurisdiction and control of any other executive branch
215	215	4 constitutional officer.
216	216	5 The policies required under subsection (c) of this Section
217	217	6 shall be filed with the appropriate ethics commission
218	218	7 established under this Act or, for the Auditor General, with
219	219	8 the Office of the Auditor General.
220	220	9 (d) Each Inspector General shall have the authority to
221	221	10 determine that additional State positions under his or her
222	222	11 jurisdiction, not otherwise subject to the policies required
223	223	12 by subsection (c) of this Section, are nonetheless subject to
224	224	13 the notification requirement of subsection (f) below due to
225	225	14 their involvement in the award or fiscal administration of
226	226	15 State contracts or in regulatory or licensing decisions.
227	227	16 (e) The Joint Committee on Legislative Support Services,
228	228	17 the Auditor General, and each of the executive branch
229	229	18 constitutional officers and legislative leaders subject to
230	230	19 subsection (c) of this Section shall provide written
231	231	20 notification to all employees in positions subject to the
232	232	21 policies required by subsection (c) or a determination made
233	233	22 under subsection (d): (1) upon hiring, promotion, or transfer
234	234	23 into the relevant position; and (2) at the time the employee's
235	235	24 duties are changed in such a way as to qualify that employee.
236	236	25 An employee receiving notification must certify in writing
237	237	26 that the person was advised of the prohibition and the
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248	248	1 requirement to notify the appropriate Inspector General in
249	249	2 subsection (f).
250	250	3 (f) Any State employee in a position subject to the
251	251	4 policies required by subsection (c) or to a determination
252	252	5 under subsection (d), but who does not fall within the
253	253	6 prohibition of subsection (h) below, who is offered non-State
254	254	7 employment during State employment or within a period of one
255	255	8 year immediately after termination of State employment shall,
256	256	9 prior to accepting such non-State employment, notify the
257	257	10 appropriate Inspector General. Within 10 calendar days after
258	258	11 receiving notification from an employee in a position subject
259	259	12 to the policies required by subsection (c), such Inspector
260	260	13 General shall make a determination as to whether the State
261	261	14 employee is restricted from accepting such employment by
262	262	15 subsection (a) or (b). In making a determination, in addition
263	263	16 to any other relevant information, an Inspector General shall
264	264	17 assess the effect of the prospective employment or
265	265	18 relationship upon decisions referred to in subsections (a) and
266	266	19 (b), based on the totality of the participation by the former
267	267	20 officer, member, or State employee in those decisions. A
268	268	21 determination by an Inspector General must be in writing,
269	269	22 signed and dated by the Inspector General, and delivered to
270	270	23 the subject of the determination within 10 calendar days or
271	271	24 the person is deemed eligible for the employment opportunity.
272	272	25 For purposes of this subsection, "appropriate Inspector
273	273	26 General" means (i) for members and employees of the
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284	284	1 legislative branch, the Legislative Inspector General; (ii)
285	285	2 for the Auditor General and employees of the Office of the
286	286	3 Auditor General, the Inspector General provided for in Section
287	287	4 30-5 of this Act; and (iii) for executive branch officers and
288	288	5 employees, the Inspector General having jurisdiction over the
289	289	6 officer or employee. Notice of any determination of an
290	290	7 Inspector General and of any such appeal shall be given to the
291	291	8 ultimate jurisdictional authority, the Attorney General, and
292	292	9 the Executive Ethics Commission.
293	293	10 (g) An Inspector General's determination regarding
294	294	11 restrictions under subsection (a) or (b) may be appealed to
295	295	12 the appropriate Ethics Commission by the person subject to the
296	296	13 decision or the Attorney General no later than the 10th
297	297	14 calendar day after the date of the determination.
298	298	15 On appeal, the Ethics Commission or Auditor General shall
299	299	16 seek, accept, and consider written public comments regarding a
300	300	17 determination. In deciding whether to uphold an Inspector
301	301	18 General's determination, the appropriate Ethics Commission or
302	302	19 Auditor General shall assess, in addition to any other
303	303	20 relevant information, the effect of the prospective employment
304	304	21 or relationship upon the decisions referred to in subsections
305	305	22 (a) and (b), based on the totality of the participation by the
306	306	23 former officer, member, or State employee in those decisions.
307	307	24 The Ethics Commission shall decide whether to uphold an
308	308	25 Inspector General's determination within 10 calendar days or
309	309	26 the person is deemed eligible for the employment opportunity.
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320	320	1 (h) The following officers, members, or State employees
321	321	2 shall not, within a period of one year immediately after
322	322	3 termination of office or State employment, knowingly accept
323	323	4 employment or receive compensation or fees for services from a
324	324	5 person or entity if the person or entity or its parent or
325	325	6 subsidiary, during the year immediately preceding termination
326	326	7 of State employment, was a party to a State contract or
327	327	8 contracts with a cumulative value of $25,000 or more involving
328	328	9 the officer, member, or State employee's State agency, or was
329	329	10 the subject of a regulatory or licensing decision involving
330	330	11 the officer, member, or State employee's State agency,
331	331	12 regardless of whether he or she participated personally and
332	332	13 substantially in the award or fiscal administration of the
333	333	14 State contract or contracts or the making of the regulatory or
334	334	15 licensing decision in question:
335	335	16 (1) members or officers;
336	336	17 (2) members of a commission or board created by the
337	337	18 Illinois Constitution;
338	338	19 (3) persons whose appointment to office is subject to
339	339	20 the advice and consent of the Senate;
340	340	21 (4) the head of a department, commission, board,
341	341	22 division, bureau, authority, or other administrative unit
342	342	23 within the government of this State;
343	343	24 (5) chief procurement officers, State purchasing
344	344	25 officers, and their designees whose duties are directly
345	345	26 related to State procurement;
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356	356	1 (6) chiefs of staff, deputy chiefs of staff, associate
357	357	2 chiefs of staff, assistant chiefs of staff, and deputy
358	358	3 governors, or any other position that holds an equivalent
359	359	4 level of managerial oversight;
360	360	5 (7) employees of the Illinois Racing Board; and
361	361	6 (8) employees of the Illinois Gaming Board.
362	362	7 (i) For the purposes of this Section, with respect to
363	363	8 officers or employees of a regional transit board, as defined
364	364	9 in this Act, the phrase "person or entity" does not include:
365	365	10 (i) the United States government, (ii) the State, (iii)
366	366	11 municipalities, as defined under Article VII, Section 1 of the
367	367	12 Illinois Constitution, (iv) units of local government, as
368	368	13 defined under Article VII, Section 1 of the Illinois
369	369	14 Constitution, or (v) school districts.
370	370	15 (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
371	371	16 102-664, eff. 1-1-22.)
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