HB1777 100TH GENERAL ASSEMBLY

LRB100 07823 RJF 17890 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1777

Introduced , by Rep. Robert Martwick

SYNOPSIS AS INTRODUCED:

5 ILCS 420/4A-102	from Ch. 127, par. 604A-102
5 ILCS 420/4A-103	from Ch. 127, par. 604A-103

Amends the Illinois Governmental Ethics Act. Requires anyone required to file a disclosure under the Act to disclose the name and location of any and all assets held outside the United States from which income in excess of $5,000 was derived during the preceding calendar year; the name of any country where the person making the statement filed an international individual income tax return during the preceding calendar year and the international individual income tax liability; and the name and country of any professional organization which filed an international corporate income tax return during the preceding calendar year in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity as well as the amount of income tax liability. Sets forth certain requirements and forms. 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 4A-102 and 4A-103 as follows:

(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)

Sec. 4A-102. The statement of economic interests required by this Article shall include the economic interests of the person making the statement as provided in this Section. The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement. Campaign receipts shall not be included in this statement.

(a) The following interests shall be listed by all persons required to file:

(1) The name, address and type of practice of any professional organization or individual professional practice in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1200 was derived during the preceding calendar year;

(2) The nature of professional services (other than services rendered to the unit or units of government in relation to which the person is required to file) and the nature of the entity to which they were rendered if fees exceeding $5,000 were received during the preceding calendar year from the entity for professional services rendered by the person making the statement.

(3) The identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year.

(4) The name of any unit of government which has employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

(5) The name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

(b) The following interests shall also be listed by persons listed in items (a) through (f), item (l), item (n), and item (p) of Section 4A-101:

(1) The name and instrument of ownership in any entity doing business in the State of Illinois, in which an ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends of in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed;

(2) Except for professional service entities, the name of any entity and any position held therein from which income of in excess of $1,200 was derived during the preceding calendar year, if the entity does business in the State of Illinois. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.

(4) The name and location of any and all assets held outside the United States from which income in excess of $5,000 was derived during the preceding calendar year. If the asset is held by a financial institution, the name of the financial institution and the city and country where the asset is held shall be disclosed. In the case of real estate, the location thereof shall be listed by street address or, if none, then by legal description, including the city and country.

(5) The name of any country (other than the United States) where the person making the statement filed an international individual income tax return during the preceding calendar year and the international individual income tax liability, in United States dollars, of the person making the statement to the foreign country. If the person making the statement filed an international individual income tax return in a particular foreign country, but had no international individual income tax liability to the foreign country, the name of the country must still be disclosed and the international individual income tax liability shall be listed as "$0.00."

(6) The name and country (other than the United States) of any professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity and which filed an international corporate income tax return during the preceding calendar year, and the international corporate income tax liability, in United States dollars, of the professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity. If the professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity filed an international corporate income tax return in a particular foreign country, but had no international corporate income tax liability to that foreign country, the name of the country must still be disclosed and the international corporate income tax liability shall be listed as "$0.00."

(c) The following interests shall also be listed by persons listed in items (g), (h), (i), and (o) of Section 4A-101:

(1) The name and instrument of ownership in any entity doing business with a unit of local government in relation to which the person is required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of $1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(2) Except for professional service entities, the name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with a unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The name of any entity and the nature of the governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year.

For the purposes of this Section, the unit of local government in relation to which a person required to file under item (o) of Section 4A-101 shall be the unit of local government that contributes to the pension fund of which such person is a member of the board.

(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)

(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)

Sec. 4A-103. The statement of economic interests required by this Article to be filed with the Secretary of State shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTEREST

(TYPE OR HAND PRINT)

.............................................................

(name)

.............................................................

(each office or position of employment for which this statement is filed)

.............................................................

(full mailing address)

GENERAL DIRECTIONS:

The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.

Campaign receipts shall not be included in this statement.

If additional space is needed, please attach supplemental listing.

1. List the name and instrument of ownership in any entity doing business in the State of Illinois, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need be listed.

2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.

3. List the nature of professional services rendered (other than to the State of Illinois) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.

.............................................................

.............................................................

4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.

.............................................................

.............................................................

5. List the identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.

6. List the name of any entity doing business in the State of Illinois from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution nor any debt instrument need be listed.

7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

.............................................................

.............................................................

8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

.............................................................

9. List the name and location of any and all assets held outside the United States from which income in excess of $5,000 was derived during the preceding calendar year. If the asset is held by a financial institution, the name of the financial institution and the city and country where the asset is held shall be disclosed. In the case of real estate, the location thereof shall be listed by street address or, if none, then by legal description, including the city and country.

10. List the name of any country (other than the United States) where the person making the statement filed an international individual income tax return during the preceding calendar year and the international individual income tax liability, in United States dollars, of the person making the statement to the foreign country. If the person making the statement filed an international individual income tax return in a particular foreign country, but had no international individual income tax liability to the foreign country, state the name of the country, and list "$0.00" for that foreign country's international individual income tax liability.

11. List the name and country (other than the United States) of any professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity and which filed an international corporate income tax return during the preceding calendar year, and the international corporate income tax liability, in United States dollars, of the professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity. If the professional organization in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity filed an international corporate income tax return in a particular foreign country, but had no international corporate income tax liability to that foreign country, state the name of the country, and list "$0.00" for that foreign country's international corporate income tax liability. VERIFICATION:

"I declare that this statement of economic interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."

................ .......................................... (date of filing) (signature of person making the statement)

(Source: P.A. 95-173, eff. 1-1-08.)

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