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Ethics: Illinois' Conflict of Interest Definition

This page is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects in summary form statutes/constitutional provisions/legislative chamber rules in effect as of 5/31/2008 or statutes set to take effect shortly thereafter.

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Illinois' Policy Statutory Reference

CHAPTER 5.  GENERAL PROVISIONS  
GOVERNMENTAL ETHICS  
ILLINOIS GOVERNMENTAL ETHICS ACT  
ARTICLE 3.  CODE OF CONDUCT  
PART 2.  ETHICAL PRINCIPLES FOR LEGISLATORS
§ 5 ILCS 420/3-202.  [Conflict situations; abstention]

When a legislator must take official action on a legislative matter as to which he has a conflict situation created by a personal, family, or client legislative interest, he should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible, he should consider the possibility of abstaining from such official action. In making his decision as to abstention, the following factors should be considered;

a. whether a substantial threat to his independence of judgment has been created by the conflict situation;

b. the effect of his participation on public confidence in the integrity of the legislature;

c. whether his participation is likely to have any significant effect on the disposition of the matter;

d. the need for his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the legislature.

He need not abstain if he decides to participate in a manner contrary to the economic interest which creates the conflict situation.

If he does abstain, he should disclose that fact to his respective legislative body.

5 ILCS 420/3-202 (2008).

CHAPTER 5.  GENERAL PROVISIONS  
GOVERNMENTAL ETHICS  
ILLINOIS GOVERNMENTAL ETHICS ACT  
ARTICLE 3.  CODE OF CONDUCT  
PART 2.  ETHICAL PRINCIPLES FOR LEGISLATORS
§ 5 ILCS 420/3-203.  [Public interest to prevail] 

When, despite the existence of a conflict situation, a legislator chooses to take official action on a matter, he should serve the public interest, and not the interest of any person.

5 ILCS 420/3-203 (2008).

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