HB4435 100TH GENERAL ASSEMBLY

LRB100 17447 RJF 32616 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4435

Introduced , by Rep. Grant Wehrli

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

Amends the Illinois Governmental Ethics Act. Provides that, among other restrictions, no legislator may accept or participate in any way in any representation case before the State of Illinois or any unit of local government in this State on any matter filed on or after February 1, 2018 that involves a challenge to any tax or proposed assessment of any tax or fee. Provides that the prohibition against participation in such a representation case does not apply in regards to a person with whom the legislator maintains a close economic association, unless a fee or compensation received regarding any matter that involves a challenge to any tax or proposed assessment of any tax or fee is received by the legislator directly or indirectly through any interest in a partnership, limited liability corporation, or other business entity. Modifies the term "representation case" to include matters before a unit of local government. Effective immediately.

A BILL FOR

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 and 2-104 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 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. No legislator may accept or participate in any way in any representation case, as that term is defined in Section 1-113, 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; or (3) the State of Illinois or any unit of local government in this State on any matter filed on or after February 1, 2018 that involves a challenge to any tax or proposed assessment of any tax or fee.

This Section 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 or unless a fee or compensation received regarding any matter that involves a challenge to any tax or proposed assessment of any tax or fee is received by the legislator directly or indirectly through any interest in a partnership, limited liability corporation, or other business entity.

A violation of this Section is a Class A misdemeanor.

(Source: P.A. 93-721, eff. 1-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.