101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4812

 

Introduced 2/18/2020, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/1-113  from Ch. 127, par. 601-113
5 ILCS 420/2-104  from Ch. 127, par. 602-104
5 ILCS 420/3-108 new
5 ILCS 420/3-109 new
5 ILCS 420/3A-35
5 ILCS 420/3-202 rep.
5 ILCS 420/3-203 rep.

    Amends the Illinois Governmental Ethics Act. Modifies the definition of "representation case" to include matters before units of local government. Provides that no legislator or employee of a governmental entity may accept or participate in any way in any representation case if the State or unit of local government is an adverse party or if the result is an adverse effect on State or local revenue, State or local finances, or the health, safety, welfare, or relative tax burden of any State resident. Prohibits (rather than allows) participation in a representation case by a person with whom the legislator maintains a close economic association. Provides that no legislator or employee of a governmental entity may derive any income, compensation, or other tangible benefit from providing opinion evidence as an expert against the interests of the State or a unit of local government in any judicial or quasi-judicial proceeding before any administrative agency or court. Provides that a legislator shall officially recuse himself or herself, including a written explanation of the recusal, from any legislative matter in which the legislator or his or her spouse or immediately family member has a financial interest. Makes conforming and other changes.


LRB101 19794 RJF 69305 b

 

 

A BILL FOR

 

HB4812LRB101 19794 RJF 69305 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 Sections 1-113, 2-104, and 3A-35 and by adding
6Sections 3-108 and 3-109 as follows:
 
7    (5 ILCS 420/1-113)  (from Ch. 127, par. 601-113)
8    Sec. 1-113. "Representation case" means the professional
9representation of any person, client or principal, with or
10without compensation, in any matter before any State agency or
11unit of local government where the action or non-action of the
12State agency or unit of local government involves the exercise
13of substantial discretion. However, the term shall not include
14inquiries for information or other services rendered in a
15legislative capacity on behalf of a constituent or other member
16of the public.
17(Source: Laws 1967, p. 3401.)
 
18    (5 ILCS 420/2-104)  (from Ch. 127, par. 602-104)
19    Sec. 2-104. No legislator may accept or participate in any
20way in any representation case, as that term is defined in
21Section 1-113, if the State or unit of local government is an
22adverse party or if the result is an adverse effect on State or

 

 

HB4812- 2 -LRB101 19794 RJF 69305 b

1local revenue, State or local finances, or the health, safety,
2welfare, or relative tax burden of any State resident before
3(1) the Court of Claims of this State or (2) before the
4Illinois Workers' Compensation Commission, when the State of
5Illinois is the respondent.
6    This Section prohibits does not prohibit participation in
7such a representation case by a person with whom the legislator
8maintains a close economic association, unless the fact of that
9association is used to influence or attempt to influence the
10State agency in the rendering of its decision.
11    A violation of this Section is a Class A misdemeanor.
12(Source: P.A. 93-721, eff. 1-1-05.)
 
13    (5 ILCS 420/3-108 new)
14    Sec. 3-108. Testimony against government interests. No
15legislator may derive any income, compensation, or other
16tangible benefit from providing opinion evidence as an expert
17against the interests of the State or a unit of local
18government in any judicial or quasi-judicial proceeding before
19any administrative agency or court.
 
20    (5 ILCS 420/3-109 new)
21    Sec. 3-109. Legislator recusal. Notwithstanding any
22provision of law to the contrary, a legislator shall officially
23recuse himself or herself, including a written explanation of
24the recusal, from any legislative matter in which the

 

 

HB4812- 3 -LRB101 19794 RJF 69305 b

1legislator or his or her spouse or immediately family member
2has a financial interest.
 
3    (5 ILCS 420/3A-35)
4    Sec. 3A-35. Conflicts of interests.
5    (a) In addition to the provisions of subsection (a) of
6Section 50-13 of the Illinois Procurement Code, it is unlawful
7for an appointed member of a board, commission, authority, or
8task force authorized or created by State law or by executive
9order of the Governor, the spouse of the appointee, or an
10immediate family member of the appointee living in the
11appointee's residence to have or acquire a contract or have or
12acquire a direct pecuniary interest in a contract with the
13State that relates to the board, commission, authority, or task
14force of which he or she is an appointee during and for one
15year after the conclusion of the person's term of office.
16    (b) If (i) a person subject to subsection (a) is entitled
17to receive more than 7 1/2% of the total distributable income
18of a partnership, association, corporation, or other business
19entity or (ii) a person subject to subsection (a) together with
20his or her spouse and immediate family members living in that
21person's residence are entitled to receive more than 15%, in
22the aggregate, of the total distributable income of a
23partnership, association, corporation, or other business
24entity then it is unlawful for that partnership, association,
25corporation, or other business entity to have or acquire a

 

 

HB4812- 4 -LRB101 19794 RJF 69305 b

1contract or a direct pecuniary interest in a contract
2prohibited by subsection (a) during and for one year after the
3conclusion of the person's term of office.
4    (c) No employee of a governmental entity subject to the
5provisions of this Act may represent, or derive any income,
6compensation, or other tangible benefit from the
7representation of, any person in any judicial, quasi-judicial,
8or other proceeding before any administrative agency or court
9in which the State or unit of local government is an adverse
10party, or in any such proceeding that may result in an adverse
11effect on State or local revenue, State or local finances, or
12the health, safety, welfare, or relative tax burden of any
13State resident.
14    (d) No employee of a governmental entity subject to the
15provisions of this Act may derive any income, compensation, or
16other tangible benefit from providing opinion evidence as an
17expert against the interests of the State or a unit of local
18government in any judicial or quasi-judicial proceeding before
19any administrative agency or court.
20(Source: P.A. 93-615, eff. 11-19-03.)
 
21    (5 ILCS 420/3-202 rep.)
22    (5 ILCS 420/3-203 rep.)
23    Section 10. The Illinois Governmental Ethics Act is amended
24by repealing Sections 3-202 and 3-203.