Illinois 2025-2026 Regular Session

Illinois House Bill HB3115 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3115 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly, person whose appointment to office is subject to the advice and consent of the Senate, or head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of this State who takes office on or after the effective date of this amendatory Act shall not, within a 3-year period immediately following termination of that person's most recent term of office, register as a lobbyist and engage in lobbying with members of the General Assembly. Effective immediately. LRB104 10111 BDA 20183 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3115 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 5 ILCS 430/5-45 5 ILCS 430/5-45 Amends the State Officials and Employees Ethics Act. Provides that any member of the General Assembly, person whose appointment to office is subject to the advice and consent of the Senate, or head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of this State who takes office on or after the effective date of this amendatory Act shall not, within a 3-year period immediately following termination of that person's most recent term of office, register as a lobbyist and engage in lobbying with members of the General Assembly. Effective immediately. LRB104 10111 BDA 20183 b LRB104 10111 BDA 20183 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3115 Introduced , by Rep. Blaine Wilhour 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 any member of the General Assembly, person whose appointment to office is subject to the advice and consent of the Senate, or head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of this State who takes office on or after the effective date of this amendatory Act shall not, within a 3-year period immediately following termination of that person's most recent term of office, register as a lobbyist and engage in lobbying with members of the General Assembly. 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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3115 Introduced , by Rep. Blaine Wilhour 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 any member of the General Assembly, person whose appointment to office is subject to the advice and consent of the Senate, or head of a department, commission, board, division, bureau, authority, or other administrative unit within the government of this State who takes office on or after the effective date of this amendatory Act shall not, within a 3-year period immediately following termination of that person's most recent term of office, register as a lobbyist and engage in lobbying with members of the General Assembly. 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) 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 (c) Within 6 months after the effective date of this
158	158	19 amendatory Act of the 96th General Assembly, each executive
159	159	20 branch constitutional officer and legislative leader, the
160	160	21 Auditor General, and the Joint Committee on Legislative
161	161	22 Support Services shall adopt a policy delineating which State
162	162	23 positions under his or her jurisdiction and control, by the
163	163	24 nature of their duties, may have the authority to participate
164	164	25 personally and substantially in the award or fiscal
165	165	26 administration of State contracts or in regulatory or
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176	176	1 licensing decisions. The Governor shall adopt such a policy
177	177	2 for all State employees of the executive branch not under the
178	178	3 jurisdiction and control of any other executive branch
179	179	4 constitutional officer.
180	180	5 The policies required under subsection (c) of this Section
181	181	6 shall be filed with the appropriate ethics commission
182	182	7 established under this Act or, for the Auditor General, with
183	183	8 the Office of the Auditor General.
184	184	9 (d) Each Inspector General shall have the authority to
185	185	10 determine that additional State positions under his or her
186	186	11 jurisdiction, not otherwise subject to the policies required
187	187	12 by subsection (c) of this Section, are nonetheless subject to
188	188	13 the notification requirement of subsection (f) below due to
189	189	14 their involvement in the award or fiscal administration of
190	190	15 State contracts or in regulatory or licensing decisions.
191	191	16 (e) The Joint Committee on Legislative Support Services,
192	192	17 the Auditor General, and each of the executive branch
193	193	18 constitutional officers and legislative leaders subject to
194	194	19 subsection (c) of this Section shall provide written
195	195	20 notification to all employees in positions subject to the
196	196	21 policies required by subsection (c) or a determination made
197	197	22 under subsection (d): (1) upon hiring, promotion, or transfer
198	198	23 into the relevant position; and (2) at the time the employee's
199	199	24 duties are changed in such a way as to qualify that employee.
200	200	25 An employee receiving notification must certify in writing
201	201	26 that the person was advised of the prohibition and the
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212	212	1 requirement to notify the appropriate Inspector General in
213	213	2 subsection (f).
214	214	3 (f) Any State employee in a position subject to the
215	215	4 policies required by subsection (c) or to a determination
216	216	5 under subsection (d), but who does not fall within the
217	217	6 prohibition of subsection (h) below, who is offered non-State
218	218	7 employment during State employment or within a period of one
219	219	8 year immediately after termination of State employment shall,
220	220	9 prior to accepting such non-State employment, notify the
221	221	10 appropriate Inspector General. Within 10 calendar days after
222	222	11 receiving notification from an employee in a position subject
223	223	12 to the policies required by subsection (c), such Inspector
224	224	13 General shall make a determination as to whether the State
225	225	14 employee is restricted from accepting such employment by
226	226	15 subsection (a) or (b). In making a determination, in addition
227	227	16 to any other relevant information, an Inspector General shall
228	228	17 assess the effect of the prospective employment or
229	229	18 relationship upon decisions referred to in subsections (a) and
230	230	19 (b), based on the totality of the participation by the former
231	231	20 officer, member, or State employee in those decisions. A
232	232	21 determination by an Inspector General must be in writing,
233	233	22 signed and dated by the Inspector General, and delivered to
234	234	23 the subject of the determination within 10 calendar days or
235	235	24 the person is deemed eligible for the employment opportunity.
236	236	25 For purposes of this subsection, "appropriate Inspector
237	237	26 General" means (i) for members and employees of the
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248	248	1 legislative branch, the Legislative Inspector General; (ii)
249	249	2 for the Auditor General and employees of the Office of the
250	250	3 Auditor General, the Inspector General provided for in Section
251	251	4 30-5 of this Act; and (iii) for executive branch officers and
252	252	5 employees, the Inspector General having jurisdiction over the
253	253	6 officer or employee. Notice of any determination of an
254	254	7 Inspector General and of any such appeal shall be given to the
255	255	8 ultimate jurisdictional authority, the Attorney General, and
256	256	9 the Executive Ethics Commission.
257	257	10 (g) An Inspector General's determination regarding
258	258	11 restrictions under subsection (a) or (b) may be appealed to
259	259	12 the appropriate Ethics Commission by the person subject to the
260	260	13 decision or the Attorney General no later than the 10th
261	261	14 calendar day after the date of the determination.
262	262	15 On appeal, the Ethics Commission or Auditor General shall
263	263	16 seek, accept, and consider written public comments regarding a
264	264	17 determination. In deciding whether to uphold an Inspector
265	265	18 General's determination, the appropriate Ethics Commission or
266	266	19 Auditor General shall assess, in addition to any other
267	267	20 relevant information, the effect of the prospective employment
268	268	21 or relationship upon the decisions referred to in subsections
269	269	22 (a) and (b), based on the totality of the participation by the
270	270	23 former officer, member, or State employee in those decisions.
271	271	24 The Ethics Commission shall decide whether to uphold an
272	272	25 Inspector General's determination within 10 calendar days or
273	273	26 the person is deemed eligible for the employment opportunity.
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284	284	1 (h) The following officers, members, or State employees
285	285	2 shall not, within a period of one year immediately after
286	286	3 termination of office or State employment, knowingly accept
287	287	4 employment or receive compensation or fees for services from a
288	288	5 person or entity if the person or entity or its parent or
289	289	6 subsidiary, during the year immediately preceding termination
290	290	7 of State employment, was a party to a State contract or
291	291	8 contracts with a cumulative value of $25,000 or more involving
292	292	9 the officer, member, or State employee's State agency, or was
293	293	10 the subject of a regulatory or licensing decision involving
294	294	11 the officer, member, or State employee's State agency,
295	295	12 regardless of whether he or she participated personally and
296	296	13 substantially in the award or fiscal administration of the
297	297	14 State contract or contracts or the making of the regulatory or
298	298	15 licensing decision in question:
299	299	16 (1) members or officers;
300	300	17 (2) members of a commission or board created by the
301	301	18 Illinois Constitution;
302	302	19 (3) persons whose appointment to office is subject to
303	303	20 the advice and consent of the Senate;
304	304	21 (4) the head of a department, commission, board,
305	305	22 division, bureau, authority, or other administrative unit
306	306	23 within the government of this State;
307	307	24 (5) chief procurement officers, State purchasing
308	308	25 officers, and their designees whose duties are directly
309	309	26 related to State procurement;
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320	320	1 (6) chiefs of staff, deputy chiefs of staff, associate
321	321	2 chiefs of staff, assistant chiefs of staff, and deputy
322	322	3 governors, or any other position that holds an equivalent
323	323	4 level of managerial oversight;
324	324	5 (7) employees of the Illinois Racing Board; and
325	325	6 (8) employees of the Illinois Gaming Board.
326	326	7 (h-5) Any member of the General Assembly, person whose
327	327	8 appointment to office is subject to the advice and consent of
328	328	9 the Senate, or head of a department, commission, board,
329	329	10 division, bureau, authority, or other administrative unit
330	330	11 within the government of this State who takes office on or
331	331	12 after the effective date of this amendatory Act of the 104th
332	332	13 General Assembly shall not, within a 3-year period immediately
333	333	14 following termination of that person's most recent term of
334	334	15 office, register as a lobbyist, as provided under Section 3 of
335	335	16 the Lobbyist Registration Act, and engage in lobbying with
336	336	17 members of the General Assembly.
337	337	18 (i) For the purposes of this Section, with respect to
338	338	19 officers or employees of a regional transit board, as defined
339	339	20 in this Act, the phrase "person or entity" does not include:
340	340	21 (i) the United States government, (ii) the State, (iii)
341	341	22 municipalities, as defined under Article VII, Section 1 of the
342	342	23 Illinois Constitution, (iv) units of local government, as
343	343	24 defined under Article VII, Section 1 of the Illinois
344	344	25 Constitution, or (v) school districts.
345	345	26 (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
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356	356	1 102-664, eff. 1-1-22.)
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