Illinois 2025 2025-2026 Regular Session

Illinois House Bill HB3121 Introduced / Bill

Filed 02/06/2025

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3121 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 5 ILCS 420/1-113 from Ch. 127, par. 601-1135 ILCS 420/2-104 from Ch. 127, par. 602-1045 ILCS 420/3-108 new5 ILCS 420/3-109 new5 ILCS 420/3A-355 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. LRB104 10075 BDA 20147 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3121 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:  5 ILCS 420/1-113 from Ch. 127, par. 601-1135 ILCS 420/2-104 from Ch. 127, par. 602-1045 ILCS 420/3-108 new5 ILCS 420/3-109 new5 ILCS 420/3A-355 ILCS 420/3-202 rep.5 ILCS 420/3-203 rep. 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.  LRB104 10075 BDA 20147 b     LRB104 10075 BDA 20147 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3121 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
5 ILCS 420/1-113 from Ch. 127, par. 601-1135 ILCS 420/2-104 from Ch. 127, par. 602-1045 ILCS 420/3-108 new5 ILCS 420/3-109 new5 ILCS 420/3A-355 ILCS 420/3-202 rep.5 ILCS 420/3-203 rep. 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.
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.
LRB104 10075 BDA 20147 b     LRB104 10075 BDA 20147 b
    LRB104 10075 BDA 20147 b
A BILL FOR
HB3121LRB104 10075 BDA 20147 b   HB3121  LRB104 10075 BDA 20147 b
  HB3121  LRB104 10075 BDA 20147 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 Sections 1-113, 2-104, and 3A-35 and by adding
6  Sections 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
9  representation of any person, client or principal, with or
10  without compensation, in any matter before any State agency or
11  unit of local government where the action or non-action of the
12  State agency or unit of local government involves the exercise
13  of substantial discretion. However, the term shall not include
14  inquiries for information or other services rendered in a
15  legislative capacity on behalf of a constituent or other
16  member of the public.
17  (Source: Laws 1967, p. 3401.)
18  (5 ILCS 420/2-104) (from Ch. 127, par. 602-104)
19  Sec. 2-104. Representation case. No legislator may accept
20  or participate in any way in any representation case, as that
21  term is defined in Section 1-113, if the State or unit of local
22  government is an adverse party or if the result is an adverse

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3121 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
5 ILCS 420/1-113 from Ch. 127, par. 601-1135 ILCS 420/2-104 from Ch. 127, par. 602-1045 ILCS 420/3-108 new5 ILCS 420/3-109 new5 ILCS 420/3A-355 ILCS 420/3-202 rep.5 ILCS 420/3-203 rep. 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.
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.
LRB104 10075 BDA 20147 b     LRB104 10075 BDA 20147 b
    LRB104 10075 BDA 20147 b
A BILL FOR

 

 

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.



    LRB104 10075 BDA 20147 b

 

 



 

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1  effect on State or local revenue, State or local finances, or
2  the health, safety, welfare, or relative tax burden of any
3  State resident before (1) the Court of Claims of this State or
4  (2) the Illinois Workers' Compensation Commission, when the
5  State of Illinois is the respondent.
6  This Section prohibits does not prohibit participation in
7  such a representation case by a person with whom the
8  legislator maintains a close economic association, unless the
9  fact of that association is used to influence or attempt to
10  influence the State agency in the rendering of its decision.
11  A violation of this Section is a Class A misdemeanor.
12  (Source: P.A. 103-154, eff. 6-30-23.)
13  (5 ILCS 420/3-108 new)
14  Sec. 3-108. Testimony against government interests. No
15  legislator may derive any income, compensation, or other
16  tangible benefit from providing opinion evidence as an expert
17  against the interests of the State or a unit of local
18  government in any judicial or quasi-judicial proceeding before
19  any administrative agency or court.
20  (5 ILCS 420/3-109 new)
21  Sec. 3-109. Legislator recusal. Notwithstanding any
22  provision of law to the contrary, a legislator shall
23  officially recuse himself or herself from any legislative
24  matter in which the legislator or his or her spouse or

 

 

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

 

 

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

 

 

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