Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0128 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0128 Introduced 1/24/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that, during the 6 months after terminating service as an executive branch constitutional officer, a former executive branch constitutional officer shall not receive compensation or fees for services from a person or entity required to register under the Lobbyist Registration Act. Applies to executive branch constitutional officers who terminate service as an executive branch constitutional officer on or after the effective date of the amendatory Act. LRB103 02798 DTM 47804 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0128 Introduced 1/24/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that, during the 6 months after terminating service as an executive branch constitutional officer, a former executive branch constitutional officer shall not receive compensation or fees for services from a person or entity required to register under the Lobbyist Registration Act. Applies to executive branch constitutional officers who terminate service as an executive branch constitutional officer on or after the effective date of the amendatory Act. LRB103 02798 DTM 47804 b LRB103 02798 DTM 47804 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0128 Introduced 1/24/2023, by Sen. Jil Tracy 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, during the 6 months after terminating service as an executive branch constitutional officer, a former executive branch constitutional officer shall not receive compensation or fees for services from a person or entity required to register under the Lobbyist Registration Act. Applies to executive branch constitutional officers who terminate service as an executive branch constitutional officer on or after the effective date of the amendatory Act.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning State 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 SB0128 Introduced 1/24/2023, by Sen. Jil Tracy 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, during the 6 months after terminating service as an executive branch constitutional officer, a former executive branch constitutional officer shall not receive compensation or fees for services from a person or entity required to register under the Lobbyist Registration Act. Applies to executive branch constitutional officers who terminate service as an executive branch constitutional officer on or after the effective date of the amendatory Act.
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43	43	A BILL FOR
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49	49	5 ILCS 430/5-45
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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) Beginning January 1, 2022, no former officer of the
148	148	9 executive branch shall engage in activities at the State level
149	149	10 that require registration under the Lobbyist Registration Act
150	150	11 during the term of which he or she was elected or appointed
151	151	12 until 6 months after leaving office.
152	152	13 (b-7) Beginning the second Wednesday in January of 2023,
153	153	14 no former member shall engage in activities at the State level
154	154	15 that require registration under the Lobbyist Registration Act
155	155	16 in a General Assembly of which he or she was a member until 6
156	156	17 months after leaving office.
157	157	18 (b-9) During the 6 months after terminating service as an
158	158	19 executive branch constitutional officer, a former executive
159	159	20 branch constitutional officer shall not receive compensation
160	160	21 or fees for services from a person or entity required to
161	161	22 register under the Lobbyist Registration Act. This subsection
162	162	23 (b-9) applies to executive branch constitutional officers who
163	163	24 terminate service as an executive branch constitutional
164	164	25 officer on or after the effective date of this amendatory Act
165	165	26 of the 103rd General Assembly.
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176	176	1 (c) Within 6 months after the effective date of this
177	177	2 amendatory Act of the 96th General Assembly, each executive
178	178	3 branch constitutional officer and legislative leader, the
179	179	4 Auditor General, and the Joint Committee on Legislative
180	180	5 Support Services shall adopt a policy delineating which State
181	181	6 positions under his or her jurisdiction and control, by the
182	182	7 nature of their duties, may have the authority to participate
183	183	8 personally and substantially in the award or fiscal
184	184	9 administration of State contracts or in regulatory or
185	185	10 licensing decisions. The Governor shall adopt such a policy
186	186	11 for all State employees of the executive branch not under the
187	187	12 jurisdiction and control of any other executive branch
188	188	13 constitutional officer.
189	189	14 The policies required under subsection (c) of this Section
190	190	15 shall be filed with the appropriate ethics commission
191	191	16 established under this Act or, for the Auditor General, with
192	192	17 the Office of the Auditor General.
193	193	18 (d) Each Inspector General shall have the authority to
194	194	19 determine that additional State positions under his or her
195	195	20 jurisdiction, not otherwise subject to the policies required
196	196	21 by subsection (c) of this Section, are nonetheless subject to
197	197	22 the notification requirement of subsection (f) below due to
198	198	23 their involvement in the award or fiscal administration of
199	199	24 State contracts or in regulatory or licensing decisions.
200	200	25 (e) The Joint Committee on Legislative Support Services,
201	201	26 the Auditor General, and each of the executive branch
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212	212	1 constitutional officers and legislative leaders subject to
213	213	2 subsection (c) of this Section shall provide written
214	214	3 notification to all employees in positions subject to the
215	215	4 policies required by subsection (c) or a determination made
216	216	5 under subsection (d): (1) upon hiring, promotion, or transfer
217	217	6 into the relevant position; and (2) at the time the employee's
218	218	7 duties are changed in such a way as to qualify that employee.
219	219	8 An employee receiving notification must certify in writing
220	220	9 that the person was advised of the prohibition and the
221	221	10 requirement to notify the appropriate Inspector General in
222	222	11 subsection (f).
223	223	12 (f) Any State employee in a position subject to the
224	224	13 policies required by subsection (c) or to a determination
225	225	14 under subsection (d), but who does not fall within the
226	226	15 prohibition of subsection (h) below, who is offered non-State
227	227	16 employment during State employment or within a period of one
228	228	17 year immediately after termination of State employment shall,
229	229	18 prior to accepting such non-State employment, notify the
230	230	19 appropriate Inspector General. Within 10 calendar days after
231	231	20 receiving notification from an employee in a position subject
232	232	21 to the policies required by subsection (c), such Inspector
233	233	22 General shall make a determination as to whether the State
234	234	23 employee is restricted from accepting such employment by
235	235	24 subsection (a) or (b). In making a determination, in addition
236	236	25 to any other relevant information, an Inspector General shall
237	237	26 assess the effect of the prospective employment or
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248	248	1 relationship upon decisions referred to in subsections (a) and
249	249	2 (b), based on the totality of the participation by the former
250	250	3 officer, member, or State employee in those decisions. A
251	251	4 determination by an Inspector General must be in writing,
252	252	5 signed and dated by the Inspector General, and delivered to
253	253	6 the subject of the determination within 10 calendar days or
254	254	7 the person is deemed eligible for the employment opportunity.
255	255	8 For purposes of this subsection, "appropriate Inspector
256	256	9 General" means (i) for members and employees of the
257	257	10 legislative branch, the Legislative Inspector General; (ii)
258	258	11 for the Auditor General and employees of the Office of the
259	259	12 Auditor General, the Inspector General provided for in Section
260	260	13 30-5 of this Act; and (iii) for executive branch officers and
261	261	14 employees, the Inspector General having jurisdiction over the
262	262	15 officer or employee. Notice of any determination of an
263	263	16 Inspector General and of any such appeal shall be given to the
264	264	17 ultimate jurisdictional authority, the Attorney General, and
265	265	18 the Executive Ethics Commission.
266	266	19 (g) An Inspector General's determination regarding
267	267	20 restrictions under subsection (a) or (b) may be appealed to
268	268	21 the appropriate Ethics Commission by the person subject to the
269	269	22 decision or the Attorney General no later than the 10th
270	270	23 calendar day after the date of the determination.
271	271	24 On appeal, the Ethics Commission or Auditor General shall
272	272	25 seek, accept, and consider written public comments regarding a
273	273	26 determination. In deciding whether to uphold an Inspector
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284	284	1 General's determination, the appropriate Ethics Commission or
285	285	2 Auditor General shall assess, in addition to any other
286	286	3 relevant information, the effect of the prospective employment
287	287	4 or relationship upon the decisions referred to in subsections
288	288	5 (a) and (b), based on the totality of the participation by the
289	289	6 former officer, member, or State employee in those decisions.
290	290	7 The Ethics Commission shall decide whether to uphold an
291	291	8 Inspector General's determination within 10 calendar days or
292	292	9 the person is deemed eligible for the employment opportunity.
293	293	10 (h) The following officers, members, or State employees
294	294	11 shall not, within a period of one year immediately after
295	295	12 termination of office or State employment, knowingly accept
296	296	13 employment or receive compensation or fees for services from a
297	297	14 person or entity if the person or entity or its parent or
298	298	15 subsidiary, during the year immediately preceding termination
299	299	16 of State employment, was a party to a State contract or
300	300	17 contracts with a cumulative value of $25,000 or more involving
301	301	18 the officer, member, or State employee's State agency, or was
302	302	19 the subject of a regulatory or licensing decision involving
303	303	20 the officer, member, or State employee's State agency,
304	304	21 regardless of whether he or she participated personally and
305	305	22 substantially in the award or fiscal administration of the
306	306	23 State contract or contracts or the making of the regulatory or
307	307	24 licensing decision in question:
308	308	25 (1) members or officers;
309	309	26 (2) members of a commission or board created by the
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320	320	1 Illinois Constitution;
321	321	2 (3) persons whose appointment to office is subject to
322	322	3 the advice and consent of the Senate;
323	323	4 (4) the head of a department, commission, board,
324	324	5 division, bureau, authority, or other administrative unit
325	325	6 within the government of this State;
326	326	7 (5) chief procurement officers, State purchasing
327	327	8 officers, and their designees whose duties are directly
328	328	9 related to State procurement;
329	329	10 (6) chiefs of staff, deputy chiefs of staff, associate
330	330	11 chiefs of staff, assistant chiefs of staff, and deputy
331	331	12 governors, or any other position that holds an equivalent
332	332	13 level of managerial oversight;
333	333	14 (7) employees of the Illinois Racing Board; and
334	334	15 (8) employees of the Illinois Gaming Board.
335	335	16 (i) For the purposes of this Section, with respect to
336	336	17 officers or employees of a regional transit board, as defined
337	337	18 in this Act, the phrase "person or entity" does not include:
338	338	19 (i) the United States government, (ii) the State, (iii)
339	339	20 municipalities, as defined under Article VII, Section 1 of the
340	340	21 Illinois Constitution, (iv) units of local government, as
341	341	22 defined under Article VII, Section 1 of the Illinois
342	342	23 Constitution, or (v) school districts.
343	343	24 (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
344	344	25 102-664, eff. 1-1-22.)
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