103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2983

 

Introduced 2/16/2023, 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.


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A BILL FOR

 

HB2983LRB103 25630 DTM 51979 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 or
16fiscal administration of State contracts, or the issuance of
17State contract change orders, with a cumulative value of
18$25,000 or more to the person or entity, or its parent or
19subsidiary.
20    (a-5) No officer, member, or spouse or immediate family
21member living with such person shall, during the officer or
22member's term in office or within a period of 2 years
23immediately leaving office, hold an ownership interest, other

 

 

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1than a passive interest in a publicly traded company, in any
2gaming license under the Illinois Gambling Act, the Video
3Gaming Act, the Illinois Horse Racing Act of 1975, or the
4Sports Wagering Act. Any member of the General Assembly or
5spouse or immediate family member living with such person who
6has an ownership interest, other than a passive interest in a
7publicly traded company, in any gaming license under the
8Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
9the Video Gaming Act, or the Sports Wagering Act at the time of
10the effective date of this amendatory Act of the 101st General
11Assembly shall divest himself or herself of such ownership
12within one year after the effective date of this amendatory
13Act of the 101st General Assembly. No State employee who works
14for the Illinois Gaming Board or Illinois Racing Board or
15spouse or immediate family member living with such person
16shall, during State employment or within a period of 2 years
17immediately after termination of State employment, hold an
18ownership interest, other than a passive interest in a
19publicly traded company, in any gaming license under the
20Illinois Gambling Act, the Video Gaming Act, the Illinois
21Horse Racing Act of 1975, or the Sports Wagering Act.
22    (a-10) This subsection (a-10) applies on and after June
2325, 2021. No officer, member, or spouse or immediate family
24member living with such person, shall, during the officer or
25member's term in office or within a period of 2 years
26immediately after leaving office, hold an ownership interest,

 

 

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

 

 

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1after termination of State employment, knowingly accept
2employment or receive compensation or fees for services from a
3person or entity if the officer or State employee, during the
4year immediately preceding termination of State employment,
5participated personally and substantially in making a
6regulatory or licensing decision that directly applied to the
7person or entity, or its parent or subsidiary.
8    (b-5) Beginning January 1, 2022, no former officer of the
9executive branch shall engage in activities at the State level
10that require registration under the Lobbyist Registration Act
11during the term of which he or she was elected or appointed
12until 6 months after leaving office.
13    (b-7) Beginning the second Wednesday in January of 2023,
14no former member shall engage in activities at the State level
15that require registration under the Lobbyist Registration Act
16in a General Assembly of which he or she was a member until 6
17months after leaving office.
18    (c) Within 6 months after the effective date of this
19amendatory Act of the 96th General Assembly, each executive
20branch constitutional officer and legislative leader, the
21Auditor General, and the Joint Committee on Legislative
22Support Services shall adopt a policy delineating which State
23positions under his or her jurisdiction and control, by the
24nature of their duties, may have the authority to participate
25personally and substantially in the award or fiscal
26administration of State contracts or in regulatory or

 

 

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

 

 

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1requirement to notify the appropriate Inspector General in
2subsection (f).
3    (f) Any State employee in a position subject to the
4policies required by subsection (c) or to a determination
5under subsection (d), but who does not fall within the
6prohibition of subsection (h) below, who is offered non-State
7employment during State employment or within a period of one
8year immediately after termination of State employment shall,
9prior to accepting such non-State employment, notify the
10appropriate Inspector General. Within 10 calendar days after
11receiving notification from an employee in a position subject
12to the policies required by subsection (c), such Inspector
13General shall make a determination as to whether the State
14employee is restricted from accepting such employment by
15subsection (a) or (b). In making a determination, in addition
16to any other relevant information, an Inspector General shall
17assess the effect of the prospective employment or
18relationship upon decisions referred to in subsections (a) and
19(b), based on the totality of the participation by the former
20officer, member, or State employee in those decisions. A
21determination by an Inspector General must be in writing,
22signed and dated by the Inspector General, and delivered to
23the subject of the determination within 10 calendar days or
24the person is deemed eligible for the employment opportunity.
25For purposes of this subsection, "appropriate Inspector
26General" means (i) for members and employees of the

 

 

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1legislative branch, the Legislative Inspector General; (ii)
2for the Auditor General and employees of the Office of the
3Auditor General, the Inspector General provided for in Section
430-5 of this Act; and (iii) for executive branch officers and
5employees, the Inspector General having jurisdiction over the
6officer or employee. Notice of any determination of an
7Inspector General and of any such appeal shall be given to the
8ultimate jurisdictional authority, the Attorney General, and
9the Executive Ethics Commission.
10    (g) An Inspector General's determination regarding
11restrictions under subsection (a) or (b) may be appealed to
12the appropriate Ethics Commission by the person subject to the
13decision or the Attorney General no later than the 10th
14calendar day after the date of the determination.
15    On appeal, the Ethics Commission or Auditor General shall
16seek, accept, and consider written public comments regarding a
17determination. In deciding whether to uphold an Inspector
18General's determination, the appropriate Ethics Commission or
19Auditor General shall assess, in addition to any other
20relevant information, the effect of the prospective employment
21or relationship upon the decisions referred to in subsections
22(a) and (b), based on the totality of the participation by the
23former officer, member, or State employee in those decisions.
24The Ethics Commission shall decide whether to uphold an
25Inspector General's determination within 10 calendar days or
26the person is deemed eligible for the employment opportunity.

 

 

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1    (h) The following officers, members, or State employees
2shall not, within a period of one year immediately after
3termination of office or State employment, knowingly accept
4employment or receive compensation or fees for services from a
5person or entity if the person or entity or its parent or
6subsidiary, during the year immediately preceding termination
7of State employment, was a party to a State contract or
8contracts with a cumulative value of $25,000 or more involving
9the officer, member, or State employee's State agency, or was
10the subject of a regulatory or licensing decision involving
11the officer, member, or State employee's State agency,
12regardless of whether he or she participated personally and
13substantially in the award or fiscal administration of the
14State contract or contracts or the making of the regulatory or
15licensing decision in question:
16        (1) members or officers;
17        (2) members of a commission or board created by the
18    Illinois Constitution;
19        (3) persons whose appointment to office is subject to
20    the advice and consent of the Senate;
21        (4) the head of a department, commission, board,
22    division, bureau, authority, or other administrative unit
23    within the government of this State;
24        (5) chief procurement officers, State purchasing
25    officers, and their designees whose duties are directly
26    related to State procurement;

 

 

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1        (6) chiefs of staff, deputy chiefs of staff, associate
2    chiefs of staff, assistant chiefs of staff, and deputy
3    governors, or any other position that holds an equivalent
4    level of managerial oversight;
5        (7) employees of the Illinois Racing Board; and
6        (8) employees of the Illinois Gaming Board.
7    (h-5) Any member of the General Assembly, person whose
8appointment to office is subject to the advice and consent of
9the Senate, or head of a department, commission, board,
10division, bureau, authority, or other administrative unit
11within the government of this State who takes office on or
12after the effective date of this amendatory Act of the 103rd
13General Assembly shall not, within a 3-year period immediately
14following termination of that person's most recent term of
15office, register as a lobbyist, as provided under Section 3 of
16the Lobbyist Registration Act, and engage in lobbying with
17members of the General Assembly.
18    (i) For the purposes of this Section, with respect to
19officers or employees of a regional transit board, as defined
20in this Act, the phrase "person or entity" does not include:
21(i) the United States government, (ii) the State, (iii)
22municipalities, as defined under Article VII, Section 1 of the
23Illinois Constitution, (iv) units of local government, as
24defined under Article VII, Section 1 of the Illinois
25Constitution, or (v) school districts.
26(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;

 

 

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1102-664, eff. 1-1-22.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.