SB 1038 — AN ACT CONCERNING CONFLICTS OF INTEREST DUE TO AN EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF ETHICS.

General Assembly RaisedSubstitute Bill No.

1038 January Session, 2019 LCOAN No.ACT CONCERNING CONFLICTS OF INTEREST DUE TO AN EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF ETHICS.

4891 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:

(GAE) AN ACT CONCERNING CONFLICTS OF INTEREST DUE TO AN EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF ETHICS.

(a) A public official, including an elected state official, or state employee has an interest which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, if [he] such official or employee has reason to believe or expect that [he, his] such official or employee or such official's or employee's spouse, [a] dependent child, employer other than the state, spouse's employer or a business with which [he] such official or employee or such official's or employee's spouse or dependent child is associated will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official LCOactivity. No.

4891A 1public official, including an elected state official, or state employee does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to [him, his] such official or employee LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01038-R01 of 4 RaisedSB.docx Substitute Bill No.

1038 activity.or such official's or employee's spouse, [a] dependent child, employer other than the state, spouse's employer or a business with which [he, his] such official or employee or such official's or employee's spouse or [such] dependent child is associated as a member of a profession, occupation or group to no greater extent than any other member of such profession, occupation or group.

A public official, including an elected state official, or state employee does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to [him, his] such official or employee or such official's or employee's spouse, [a] dependent child, employer other than the state, spouse's employer or a business with which [he, his] such official or employee or such official's or employee's spouse or [such] dependent child is associated as a member of a profession, occupation or group to no greater extent than any other member of such profession, occupation or group.

(a) Any public official or state employee, other than an elected state official, who, in the discharge of such official's or employee's official duties, would be required to take an action that would affect a financial interest of such official or employee, such official's or employee's spouse, parent, brother, sister, child, [or the] child's spouse, [of a child] employer other than the state, employer of the official's or employee's spouse or a business with which such official or employee LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01032 of 4 R01-SB.docx } Substitute Bill No.

48911038 2 of 4 Raised Bill No.1038 duties, would be required to take an action that would affect a financial interest of such official or employee, such official's or employee's spouse, parent, brother, sister, child, [or] the spouse of a child, employer other than the state, employer of the official's or employee's spouse or a business with which such official or employee is associated, other than an interest of a de minimis nature, an interest that is not distinct from that of a substantial segment of the general public or an interest in substantial conflict with the performance of official duties as defined in section 1-85, as amended by this act, has a potential conflict of interest.

2 October 1, 2019 1-86(a) LCOStatement No.of Legislative Commissioners:

4891In 3Section 2(a) "spouse of 4a Raisedchild" Billwas No.changed to "child's spouse" for clarity and consistency.

1038LCO Statement{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01038- 3 of Purpose:4 R01-SB.docx } Substitute Bill No.

To1038 applyGAE substantialJoint conflictFavorable ofSubst. interest provisions in the state code of ethics for public officials and state employees to conflicts involving the public official's or state employee's nonstate employer or spouse's employer.

[Proposed-LCO deletionsLCO are{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01038- enclosed4 inof brackets.4 R01-SB.docx }

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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