Rep. Celina Villanueva
Filed: 11/14/2019
 
 


 




10100SB1557ham002LRB101 08168 WGH 64786 a



1
AMENDMENT TO SENATE BILL 1557




2 AMENDMENT NO. ______. Amend Senate Bill 1557, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
41, on page 1, lines 4 and 5 by replacing "The Election Code is 
5amended by changing Section 9-45 as follows:" with "The State 
6Officials and Employees Ethics Act is amended by changing 
7Section 5-45 as follows:"; and 

8by replacing line 6 on page 1 through line 8 on page 2 with the 
9following:


10 "(5 ILCS 430/5-45)

11 Sec. 5-45. Procurement; revolving door prohibition.

12 (a) No former officer, member, or State employee, or spouse 
13or
immediate family member living with such person, shall, 
14within a period of one
year immediately after termination of 
15State employment, knowingly accept
employment or receive 
16compensation or fees for services from a person or entity
if 
 
 
10100SB1557ham002- 2 -LRB101 08168 WGH 64786 a


1the officer, member, or State employee, during the year 
2immediately
preceding termination of State employment, 
3participated personally and
substantially in the award of State 
4contracts, or the issuance of State contract change orders, 
5with a cumulative value
of $25,000
or more to the person or 
6entity, or its parent or subsidiary.


7 (a-5) No officer, member, or spouse or immediate family 
8member living with such person shall, during the officer or 
9member's term in office or within a period of 2 years 
10immediately leaving office, hold an ownership interest, other 
11than a passive interest in a publicly traded company, in any 
12gaming license under the Illinois Gambling Act, the Video 
13Gaming Act, the Illinois Horse Racing Act of 1975, or the 
14Sports Wagering Act. Any member of the General Assembly or 
15spouse or immediate family member living with such person who 
16has an ownership interest, other than a passive interest in a 
17publicly traded company, in any gaming license under the 
18Illinois Gambling Act, the Illinois Horse Racing Act of 1975, 
19the Video Gaming Act, or the Sports Wagering Act at the time of 
20the effective date of this amendatory Act of the 101st General 
21Assembly shall divest himself or herself of such ownership 
22within one year after the effective date of this amendatory Act 
23of the 101st General Assembly. No State employee who works for 
24the Illinois Gaming Board or Illinois Racing Board or spouse or 
25immediate family member living with such person shall, during 
26State employment or within a period of 2 years immediately 
 
 
10100SB1557ham002- 3 -LRB101 08168 WGH 64786 a


1after termination of State employment, hold an ownership 
2interest, other than a passive interest in a publicly traded 
3company, in any gaming license under the Illinois Gambling Act, 
4the Video Gaming Act, the Illinois Horse Racing Act of 1975, or 
5the Sports Wagering Act. 
6 (a-10) This subsection (a-10) applies on and after June 25, 
72021. No officer, member, or spouse or immediate family member 
8living with such person, shall, during the officer or member's 
9term in office or within a period of 2 years immediately after 
10leaving office, hold an ownership interest, other than a 
11passive interest in a publicly traded company, in any cannabis 
12business establishment which is licensed under the Cannabis 
13Regulation and Tax Act. Any member of the General Assembly or 
14spouse or immediate family member living with such person who 
15has an ownership interest, other than a passive interest in a 
16publicly traded company, in any cannabis business 
17establishment which is licensed under the Cannabis Regulation 
18and Tax Act at the time of the effective date of this 
19amendatory Act of the 101st General Assembly shall divest 
20himself or herself of such ownership within one year after the 
21effective date of this amendatory Act of the 101st General 
22Assembly.
23 No State employee who works for any State agency that 
24regulates cannabis business establishment license holders who 
25participated personally and substantially in the award of 
26licenses under the Cannabis Regulation and Tax Act or a spouse 
 
 
10100SB1557ham002- 4 -LRB101 08168 WGH 64786 a


1or immediate family member living with such person shall, 
2during State employment or within a period of 2 years 
3immediately after termination of State employment, hold an 
4ownership interest, other than a passive interest in a publicly 
5traded company, in any cannabis license under the Cannabis 
6Regulation and Tax Act. 
7 (b) No former officer of the executive branch or State 
8employee of the
executive branch with regulatory or
licensing 
9authority, or spouse or immediate family member living with 
10such
person, shall, within a period of one year immediately 
11after termination of
State employment, knowingly accept 
12employment or receive compensation or fees
for services from a 
13person or entity if the officer
or State
employee, during the 
14year immediately preceding
termination of State employment, 
15participated personally and substantially in making a 
16regulatory or licensing decision that
directly applied to the 
17person or entity, or its parent or subsidiary. 

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 Support 
22Services shall adopt a policy delineating which State positions 
23under his or her jurisdiction and control, by the nature of 
24their duties, may have the authority to participate personally 
25and substantially in the award of State contracts or in 
26regulatory or licensing decisions. The Governor shall adopt 
 
 
10100SB1557ham002- 5 -LRB101 08168 WGH 64786 a


1such a policy for all State employees of the executive branch 
2not under the jurisdiction and control of any other executive 
3branch constitutional officer.


4 The policies required under subsection (c) of this Section 
5shall be filed with the appropriate ethics commission 
6established under this Act or, for the Auditor General, with 
7the Office of the Auditor General.
8 (d) Each Inspector General shall have the authority to 
9determine that additional State positions under his or her 
10jurisdiction, not otherwise subject to the policies required by 
11subsection (c) of this Section, are nonetheless subject to the 
12notification requirement of subsection (f) below due to their 
13involvement in the award of State contracts or in regulatory or 
14licensing decisions.
15 (e) The Joint Committee on Legislative Support Services, 
16the Auditor General, and each of the executive branch 
17constitutional officers and legislative leaders subject to 
18subsection (c) of this Section shall provide written 
19notification to all employees in positions subject to the 
20policies required by subsection (c) or a determination made 
21under subsection (d): (1) upon hiring, promotion, or transfer 
22into the relevant position; and (2) at the time the employee's 
23duties are changed in such a way as to qualify that employee. 
24An employee receiving notification must certify in writing that 
25the person was advised of the prohibition and the requirement 
26to notify the appropriate Inspector General in subsection (f).
 
 
10100SB1557ham002- 6 -LRB101 08168 WGH 64786 a


1 (f) Any State employee in a position subject to the 
2policies required by subsection (c) or to a determination under 
3subsection (d), but who does not fall within the prohibition of 
4subsection (h) below, who is offered non-State employment 
5during State employment or within a period of one year 
6immediately after termination of State employment shall, prior 
7to accepting such non-State employment, notify the appropriate 
8Inspector General. Within 10 calendar days after receiving 
9notification from an employee in a position subject to the 
10policies required by subsection (c), such Inspector General 
11shall make a determination as to whether the State employee is 
12restricted from accepting such employment by subsection (a) or 
13(b). In making a determination, in addition to any other 
14relevant information, an Inspector General shall assess the 
15effect of the prospective employment or relationship upon 
16decisions referred to in subsections (a) and (b), based on the 
17totality of the participation by the former officer, member, or 
18State employee in those decisions. A determination by an 
19Inspector General must be in writing, signed and dated by the 
20Inspector General, and delivered to the subject of the 
21determination within 10 calendar days or the person is deemed 
22eligible for the employment opportunity. For purposes of this 
23subsection, "appropriate Inspector General" means (i) for 
24members and employees of the legislative branch, the 
25Legislative Inspector General; (ii) for the Auditor General and 
26employees of the Office of the Auditor General, the Inspector 
 
 
10100SB1557ham002- 7 -LRB101 08168 WGH 64786 a


1General provided for in Section 30-5 of this Act; and (iii) for 
2executive branch officers and employees, the Inspector General 
3having jurisdiction over the officer or employee. Notice of any 
4determination of an Inspector General and of any such appeal 
5shall be given to the ultimate jurisdictional authority, the 
6Attorney General, and the Executive Ethics Commission.
7 (g) An Inspector General's determination regarding 
8restrictions under subsection (a) or (b) may be appealed to the 
9appropriate Ethics Commission by the person subject to the 
10decision or the Attorney General no later than the 10th 
11calendar day after the date of the determination.
12 On appeal, the Ethics Commission or Auditor General shall 
13seek, accept, and consider written public comments regarding a 
14determination. In deciding whether to uphold an Inspector 
15General's determination, the appropriate Ethics Commission or 
16Auditor General shall assess, in addition to any other relevant 
17information, the effect of the prospective employment or 
18relationship upon the decisions referred to in subsections (a) 
19and (b), based on the totality of the participation by the 
20former officer, member, or State employee in those decisions. 
21The Ethics Commission shall decide whether to uphold an 
22Inspector General's determination within 10 calendar days or 
23the person is deemed eligible for the employment opportunity.
24 (h) The following officers, members, or State employees 
25shall not, within a period of one year immediately after 
26termination of office or State employment, knowingly accept 
 
 
10100SB1557ham002- 8 -LRB101 08168 WGH 64786 a


1employment or receive compensation or fees for services from a 
2person or entity if the person or entity or its parent or 
3subsidiary, during the year immediately preceding termination 
4of State employment, was a party to a State contract or 
5contracts with a cumulative value of $25,000 or more involving 
6the officer, member, or State employee's State agency, or was 
7the subject of a regulatory or licensing decision involving the 
8officer, member, or State employee's State agency, regardless 
9of whether he or she participated personally and substantially 
10in the award of the State contract or contracts or the making 
11of the regulatory or licensing decision in question:
12  (1) members or officers;
13  (2) members of a commission or board created by the 
14 Illinois Constitution;
15  (3) persons whose appointment to office is subject to 
16 the advice and consent of the Senate;
17  (4) the head of a department, commission, board, 
18 division, bureau, authority, or other administrative unit 
19 within the government of this State;
20  (5) chief procurement officers, State purchasing 
21 officers, and their designees whose duties are directly 
22 related to State procurement;
23  (6) chiefs of staff, deputy chiefs of staff, associate 
24 chiefs of staff, assistant chiefs of staff, and deputy 
25 governors;
26  (7) employees of the Illinois Racing Board; and
 
 
10100SB1557ham002- 9 -LRB101 08168 WGH 64786 a


1  (8) employees of the Illinois Gaming Board.
2 (i) For the purposes of this Section, with respect to 
3officers or employees of a regional transit board, as defined 
4in this Act, the phrase "person or entity" does not include: 
5(i) the United States government, (ii) the State, (iii) 
6municipalities, as defined under Article VII, Section 1 of the 
7Illinois Constitution, (iv) units of local government, as 
8defined under Article VII, Section 1 of the Illinois 
9Constitution, or (v) school districts. 
10(Source: P.A. 101-31, eff. 6-28-19.)"; and

11by replacing line 12 on page 5 through line 2 on page 6 with the 
12following:
13   "(G-5) "Minor Cannabis Offense" means a violation 
14 of Section 4 or 5 of the Cannabis Control Act 
15 concerning not more than 30 grams of any substance 
16 containing cannabis, provided the violation did not 
17 include a penalty enhancement under Section 7 of the 
18 Cannabis Control Act and is not associated with an 
19 arrest, conviction or other disposition for a violent 
20 crime as defined in subsection (c) of Section 3 of the 
21 Rights of Crime Victims and Witnesses Act."; and

22on page 42, by replacing lines 17 through 25 with the 
23following:
24   "documented in the records; and
 
 
10100SB1557ham002- 10 -LRB101 08168 WGH 64786 a


1    (ii) No criminal charges were filed relating 
2 to the arrest or law enforcement interaction or 
3 criminal charges were filed and subsequently 
4 dismissed or vacated or the arrestee was 
5 acquitted."; and

6on page 108, lines 24 through 26, by replacing ""Cannabis" does 
7not
include industrial hemp as defined and authorized under the

8Industrial Hemp Act." with ""Cannabis" does not
include 
9industrial hemp as defined and authorized under the
Industrial 
10Hemp Act."; and

11on page 109, line 3, after "organization,", by inserting 
12"infuser organization,"; and

13on page 151, line 11, by replacing "wildlife area" with 
14"wildlife area,"; and

15on page 151, line 12, after "State", by inserting "or a unit of 
16local government"; and

17on page 165, by replacing lines 16 and 17 with the following:
18  "seek a license or a licensee that qualifies as a 
19 Social Equity Applicant for at least a year. As used in 
20 this"; and

 
 
10100SB1557ham002- 11 -LRB101 08168 WGH 64786 a


1on page 177, by replacing lines 8 and 9 with the following:
2 "$100,000 and mentorship to incubate, for at
least a year, 
3 a Social Equity Applicant intending to
seek a license or a 
4 licensee that
qualifies as a Social Equity Applicant for at 
5 least a year."; and

6on page 250, by replacing lines 25 and 26 with the following:

7  "$100,000 and mentorship to incubate, for at
least a 
8 year, a Social Equity Applicant intending to
seek a 
9 license or a licensee that
qualifies as a Social Equity 
10 Applicant. As used in this"; and

11by replacing line 19 on page 348 through line 3 on page 349 
12with the following:
13 "(g) The Department of Human Services Public Health shall 
14develop and disseminate:
15  (1) educational information about the health risks 
16 associated with the use of cannabis; and
17  (2) one or more public education campaigns in 
18 coordination with local health departments and community 
19 organizations, including one or more prevention campaigns 
20 directed at children, adolescents, parents, and pregnant 
21 or breastfeeding women, to inform them of the potential 
22 health risks associated with intentional or unintentional 
23 cannabis use."; and

 
 
10100SB1557ham002- 12 -LRB101 08168 WGH 64786 a


1by replacing line 15 on page 357 through line 4 on page 358 
2with the following:

3 "(410 ILCS 705/55-95)

4 Sec. 55-95. Conflict of interest. A person is ineligible to 
5apply for, hold, or own financial or voting interest, other 
6than a passive interest in a publicly traded company, in any 
7cannabis business license under this Act if, within a 2-year 
8period from the effective date of this Act, the person or his 
9or her spouse or immediate immediately family member was a 
10member of the General Assembly or a State employee at an agency 
11that regulates cannabis business establishment license holders 
12who participated personally and substantially in the award of 
13licenses under this Act. A person who violates this Section 
14shall be guilty under subsection (b) of Section 50-5 of the 
15State Officials and Employees Ethics Act.

16(Source: P.A. 101-27, eff. 6-25-19.)".