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.
 
 
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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.)