103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5840

 

Introduced 5/9/2024, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/3-202  from Ch. 127, par. 603-202

    Amends the Illinois Governmental Ethics Act. In a provision involving ethical principles for legislators in the event of a conflict situation, defines conflict situation as any circumstance that (i) involves a legislator, the legislator's immediate family, or a business in which the legislator or the legislator's immediate family holds a direct or indirect economic interest, (ii) is related to a specific matter pending before the legislator, and (iii) may result in a private pecuniary benefit to the legislator, the legislator's immediate family, or one or more businesses in which the legislator is involved.


LRB103 40611 BDA 73281 b

 

 

A BILL FOR

 

HB5840LRB103 40611 BDA 73281 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 Illinois Governmental Ethics Act is amended
5by changing Section 3-202 as follows:
 
6    (5 ILCS 420/3-202)  (from Ch. 127, par. 603-202)
7    Sec. 3-202. When a legislator must take official action on
8a legislative matter as to which he has a conflict situation
9created by a personal, family, or client legislative interest,
10he should consider the possibility of eliminating the interest
11creating the conflict situation. If that is not feasible, he
12should consider the possibility of abstaining from such
13official action. In making his decision as to abstention, the
14following factors should be considered:
15        a. whether a substantial threat to his independence of
16    judgment has been created by the conflict situation;
17        b. the effect of his participation on public
18    confidence in the integrity of the legislature;
19        c. whether his participation is likely to have any
20    significant effect on the disposition of the matter;
21        d. the need for his particular contribution, such as
22    special knowledge of the subject matter, to the effective
23    functioning of the legislature.

 

 

HB5840- 2 -LRB103 40611 BDA 73281 b

1     He need not abstain if he decides to participate in a
2manner contrary to the economic interest which creates the
3conflict situation.
4    If he does abstain, he should disclose that fact to his
5respective legislative body.
6    As used in this Section, "conflict situation" means any
7circumstance that (i) involves a legislator, the legislator's
8immediate family, or a business in which the legislator or the
9legislator's immediate family holds a direct or indirect
10economic interest, (ii) is related to a specific matter
11pending before the legislator, and (iii) may result in a
12private pecuniary benefit to the legislator, the legislator's
13immediate family, or one or more businesses in which the
14legislator is involved.
15(Source: P.A. 100-201, eff. 8-18-17.)