Bill Text: IL HB1641 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 a 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 from any legislative matter in which the legislator or his or her spouse or immediate family member has a financial interest and shall include in the recusal a written explanation for the recusal. Makes conforming and other changes.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB1641 Detail]

Download: Illinois-2023-HB1641-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1641 Introduced , 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 a 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 from any legislative matter in which the legislator or his or her spouse or immediate family member has a financial interest and shall include in the recusal a written explanation for the recusal. Makes conforming and other changes.
LRB103 25633 DTM 51982 b
A BILL FOR
HB1641 LRB103 25633 DTM 51982 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is amended
by changing Sections 1-113, 2-104, and 3A-35 and by adding
Sections 3-108 and 3-109 as follows:
(5 ILCS 420/1-113) (from Ch. 127, par. 601-113)
Sec. 1-113. "Representation case" means the professional
representation of any person, client or principal, with or
without compensation, in any matter before any State agency or
unit of local government where the action or non-action of the
State agency or unit of local government involves the exercise
of substantial discretion. However, the term shall not include
inquiries for information or other services rendered in a
legislative capacity on behalf of a constituent or other
member of the public.
(Source: Laws 1967, p. 3401.)
(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)
Sec. 2-104. Representation case. No legislator may accept
or participate in any way in any representation case, as that
term is defined in Section 1-113, if the State or unit of local
government is an adverse party or if the result is an adverse

HB1641 - 2 - LRB103 25633 DTM 51982 b
effect on State or local revenue, State or local finances, or
the health, safety, welfare, or relative tax burden of any
State resident before (1) the Court of Claims of this State or
(2) before the Illinois Workers' Compensation Commission, when
the State of Illinois is the respondent.
This Section prohibits does not prohibit participation in
such a representation case by a person with whom the
legislator maintains a close economic association, unless the
fact of that association is used to influence or attempt to
influence the State agency in the rendering of its decision.
A violation of this Section is a Class A misdemeanor.
(Source: P.A. 93-721, eff. 1-1-05; revised 6-13-22.)
(5 ILCS 420/3-108 new)
Sec. 3-108. Testimony against government interests. No
legislator 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.
(5 ILCS 420/3-109 new)
Sec. 3-109. Legislator recusal. Notwithstanding any
provision of law to the contrary, a legislator shall
officially recuse himself or herself from any legislative
matter in which the legislator or his or her spouse or

HB1641 - 3 - LRB103 25633 DTM 51982 b
immediate family member has a financial interest and shall
include in the recusal a written explanation for the recusal.
(5 ILCS 420/3A-35)
Sec. 3A-35. Conflicts of interests.
(a) In addition to the provisions of subsection (a) of
Section 50-13 of the Illinois Procurement Code, it is unlawful
for an appointed member of a board, commission, authority, or
task force authorized or created by State law or by executive
order of the Governor, the spouse of the appointee, or an
immediate family member of the appointee living in the
appointee's residence to have or acquire a contract or have or
acquire a direct pecuniary interest in a contract with the
State that relates to the board, commission, authority, or
task force of which he or she is an appointee during and for
one year after the conclusion of the person's term of office.
(b) If (i) a person subject to subsection (a) is entitled
to receive more than 7 1/2% of the total distributable income
of a partnership, association, corporation, or other business
entity or (ii) a person subject to subsection (a) together
with his or her spouse and immediate family members living in
that person's residence are entitled to receive more than 15%,
in the aggregate, of the total distributable income of a
partnership, association, corporation, or other business
entity then it is unlawful for that partnership, association,
corporation, or other business entity to have or acquire a

HB1641 - 4 - LRB103 25633 DTM 51982 b
contract or a direct pecuniary interest in a contract
prohibited by subsection (a) during and for one year after the
conclusion of the person's term of office.
(c) No employee of a governmental entity subject to the
provisions of this Act may represent, or derive any income,
compensation, or other tangible benefit from the
representation of, any person in any judicial, quasi-judicial,
or other proceeding before any administrative agency or court
in which the State or unit of local government is an adverse
party, or in any such proceeding that may result in 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.
(d) No employee of a governmental entity subject to the
provisions of this Act 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.
(Source: P.A. 93-615, eff. 11-19-03.)
(5 ILCS 420/3-202 rep.)
(5 ILCS 420/3-203 rep.)
Section 10. The Illinois Governmental Ethics Act is
amended by repealing Sections 3-202 and 3-203.