Bill Text: IL HB2497 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides that any officer, member, or State employee subject to revolving door prohibitions, who is considering or offered non-State employment during State employment or, within a period of one year immediately after termination of State employment, may request the appropriate Inspector General make a determination as to whether the State employee is restricted from accepting such employment. Provides that within 10 calendar days after receiving a request from an employee, the Inspector General shall determine whether the State employee is restricted from accepting such employment. Provides that a determination by an Inspector General must be in writing, signed and dated by the Inspector General, and delivered to the subject of the determination within 10 calendar days or the person is deemed eligible for the employment opportunity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2497 Detail]

Download: Illinois-2023-HB2497-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2497 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
5 ILCS 430/5-45
Amends the State Officials and Employees Ethics Act. Provides that any officer, member, or State employee subject to revolving door prohibitions, who is considering or offered non-State employment during State employment or, within a period of one year immediately after termination of State employment, may request the appropriate Inspector General make a determination as to whether the State employee is restricted from accepting such employment. Provides that within 10 calendar days after receiving a request from an employee, the Inspector General shall determine whether the State employee is restricted from accepting such employment. Provides that a determination by an Inspector General must be in writing, signed and dated by the Inspector General, and delivered to the subject of the determination within 10 calendar days or the person is deemed eligible for the employment opportunity.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Section 5-45 as follows:
(5 ILCS 430/5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or
spouse or immediate family member living with such person,
shall, within a period of one year immediately after
termination of State employment, knowingly accept employment
or receive compensation or fees for services from a person or
entity if the officer, member, or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in the award or
fiscal administration of State contracts, or the issuance of
State contract change orders, with a cumulative value of
$25,000 or more to the person or entity, or its parent or
subsidiary.
(a-5) No officer, member, or spouse or immediate family
member living with such person shall, during the officer or
member's term in office or within a period of 2 years
immediately leaving office, hold an ownership interest, other

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than a passive interest in a publicly traded company, in any
gaming license under the Illinois Gambling Act, the Video
Gaming Act, the Illinois Horse Racing Act of 1975, or the
Sports Wagering Act. Any member of the General Assembly or
spouse or immediate family member living with such person who
has an ownership interest, other than a passive interest in a
publicly traded company, in any gaming license under the
Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
the Video Gaming Act, or the Sports Wagering Act at the time of
the effective date of this amendatory Act of the 101st General
Assembly shall divest himself or herself of such ownership
within one year after the effective date of this amendatory
Act of the 101st General Assembly. No State employee who works
for the Illinois Gaming Board or Illinois Racing Board or
spouse or immediate family member living with such person
shall, during State employment or within a period of 2 years
immediately after termination of State employment, hold an
ownership interest, other than a passive interest in a
publicly traded company, in any gaming license under the
Illinois Gambling Act, the Video Gaming Act, the Illinois
Horse Racing Act of 1975, or the Sports Wagering Act.
(a-10) This subsection (a-10) applies on and after June
25, 2021. No officer, member, or spouse or immediate family
member living with such person, shall, during the officer or
member's term in office or within a period of 2 years
immediately after leaving office, hold an ownership interest,

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other than a passive interest in a publicly traded company, in
any cannabis business establishment which is licensed under
the Cannabis Regulation and Tax Act. Any member of the General
Assembly or spouse or immediate family member living with such
person who has an ownership interest, other than a passive
interest in a publicly traded company, in any cannabis
business establishment which is licensed under the Cannabis
Regulation and Tax Act at the time of the effective date of
this amendatory Act of the 101st General Assembly shall divest
himself or herself of such ownership within one year after the
effective date of this amendatory Act of the 101st General
Assembly.
No State employee who works for any State agency that
regulates cannabis business establishment license holders who
participated personally and substantially in the award of
licenses under the Cannabis Regulation and Tax Act or a spouse
or immediate family member living with such person shall,
during State employment or within a period of 2 years
immediately after termination of State employment, hold an
ownership interest, other than a passive interest in a
publicly traded company, in any cannabis license under the
Cannabis Regulation and Tax Act.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately

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

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

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

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legislative branch, the Legislative Inspector General; (ii)
for the Auditor General and employees of the Office of the
Auditor General, the Inspector General provided for in Section
30-5 of this Act; and (iii) for executive branch officers and
employees, the Inspector General having jurisdiction over the
officer or employee. Notice of any determination of an
Inspector General and of any such appeal shall be given to the
ultimate jurisdictional authority, the Attorney General, and
the Executive Ethics Commission.
(g) An Inspector General's determination regarding
restrictions under subsection (a) or (b) may be appealed to
the appropriate Ethics Commission by the person subject to the
decision or the Attorney General no later than the 10th
calendar day after the date of the determination.
On appeal, the Ethics Commission or Auditor General shall
seek, accept, and consider written public comments regarding a
determination. In deciding whether to uphold an Inspector
General's determination, the appropriate Ethics Commission or
Auditor General shall assess, in addition to any other
relevant information, the effect of the prospective employment
or relationship upon the decisions referred to in subsections
(a) and (b), based on the totality of the participation by the
former officer, member, or State employee in those decisions.
The Ethics Commission shall decide whether to uphold an
Inspector General's determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.

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

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(6) chiefs of staff, deputy chiefs of staff, associate
chiefs of staff, assistant chiefs of staff, and deputy
governors, or any other position that holds an equivalent
level of managerial oversight;
(7) employees of the Illinois Racing Board; and
(8) employees of the Illinois Gaming Board.
(h-5) Any officer, member, or State employee subject to
subsection (h) who is considering or offered non-State
employment during State employment or within a period of one
year immediately after termination of State employment may
request the appropriate Inspector General make a determination
as to whether the State employee is restricted from accepting
such employment by subsection (h). Within 10 calendar days
after receiving a request from an employee such Inspector
General shall determine whether the State employee is
restricted from accepting such employment by subsection (h). A
determination by an Inspector General must be in writing,
signed and dated by the Inspector General, and delivered to
the subject of the determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
(i) For the purposes of this Section, with respect to
officers or employees of a regional transit board, as defined
in this Act, the phrase "person or entity" does not include:
(i) the United States government, (ii) the State, (iii)
municipalities, as defined under Article VII, Section 1 of the
Illinois Constitution, (iv) units of local government, as

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defined under Article VII, Section 1 of the Illinois
Constitution, or (v) school districts.
(j) Any officer, member, or State employee considering or
offered non-State employment may consult with a licensed
attorney and rely on any determination as to whether the State
employee is restricted by this Section from accepting an
employment offer, either before or after an offer is
officially made to the officer, member, or State employee.
(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
102-664, eff. 1-1-22.)