Full Text of HB5840 103rd General Assembly
HB5840 103RD GENERAL ASSEMBLY | | | 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. |
| |
| | A BILL FOR |
| | | | HB5840 | | LRB103 40611 BDA 73281 b |
|
| 1 | | AN ACT concerning government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by 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 | 8 | | a legislative matter as to which he has a conflict situation | 9 | | created by a personal, family, or client legislative interest, | 10 | | he should consider the possibility of eliminating the interest | 11 | | creating the conflict situation. If that is not feasible, he | 12 | | should consider the possibility of abstaining from such | 13 | | official action. In making his decision as to abstention, the | 14 | | following 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 | 2 | | manner contrary to the economic interest which creates the | 3 | | conflict situation. | 4 | | If he does abstain, he should disclose that fact to his | 5 | | respective legislative body. | 6 | | As used in this Section, "conflict situation" means any | 7 | | circumstance that (i) involves a legislator, the legislator's | 8 | | immediate family, or a business in which the legislator or the | 9 | | legislator's immediate family holds a direct or indirect | 10 | | economic interest, (ii) is related to a specific matter | 11 | | pending before the legislator, and (iii) may result in a | 12 | | private pecuniary benefit to the legislator, the legislator's | 13 | | immediate family, or one or more businesses in which the | 14 | | legislator is involved. | 15 | | (Source: P.A. 100-201, eff. 8-18-17.) |
|