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1 | AN ACT concerning ethics.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||||||||||||||||||||||||||||||||
5 | by changing Sections 4A-102, 4A-103, 4A-104, 4A-105, and 4A-106 | ||||||||||||||||||||||||||||||||||||
6 | and by adding Sections 4A-100 and 4A-102.5 as follows: | ||||||||||||||||||||||||||||||||||||
7 | (5 ILCS 420/4A-100 new) | ||||||||||||||||||||||||||||||||||||
8 | Sec. 4A-100. Definitions. As used in this Article: | ||||||||||||||||||||||||||||||||||||
9 | (a) "Immediate family member" means a spouse, parent, | ||||||||||||||||||||||||||||||||||||
10 | brother, sister, or child of the reporting individual sharing | ||||||||||||||||||||||||||||||||||||
11 | the same household. | ||||||||||||||||||||||||||||||||||||
12 | (b) "Income" means income derived from any source, | ||||||||||||||||||||||||||||||||||||
13 | including but not limited to the following: (i) compensation | ||||||||||||||||||||||||||||||||||||
14 | for services, including fees, commissions, and similar items; | ||||||||||||||||||||||||||||||||||||
15 | (ii) gross income derived from business (and net income if the | ||||||||||||||||||||||||||||||||||||
16 | person elects to include it); (iii) gains received from | ||||||||||||||||||||||||||||||||||||
17 | dealings in property; (iv) interest; (v) rents; (vi) royalties; | ||||||||||||||||||||||||||||||||||||
18 | (vii) dividends; (viii) annuities; (ix) income from life | ||||||||||||||||||||||||||||||||||||
19 | insurance and endowment contracts; (x) pensions; (xi) income | ||||||||||||||||||||||||||||||||||||
20 | from discharge of indebtedness; (xii) distributive share of | ||||||||||||||||||||||||||||||||||||
21 | partnership income; and (xiii) income from an interest in an | ||||||||||||||||||||||||||||||||||||
22 | estate or trust. "Income" does not include campaign receipts | ||||||||||||||||||||||||||||||||||||
23 | reported on financial disclosure reports filed with the State |
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| |||||||
1 | Board of Elections, unless such receipts are claimed for | ||||||
2 | personal use. | ||||||
3 | (c) "Category of value" means the following classification | ||||||
4 | system: (i) not more than $1,000, (ii) greater than $1,000 but | ||||||
5 | not more than $2,500, (iii) greater than $2,500 but not more | ||||||
6 | than $5,000, (iv) greater than $5,000 but not more than | ||||||
7 | $15,000, (v) greater than $15,000 but not more than $50,000, | ||||||
8 | (vi) greater than $50,000 but not more than $100,000, (vii) | ||||||
9 | greater than $100,000 but not more than $1,000,000, (viii) | ||||||
10 | greater than $1,000,000 but not more than $5,000,000, or (ix) | ||||||
11 | greater than $5,000,000. | ||||||
12 | (d) "Constructive control." An interest may be said to be | ||||||
13 | constructively controlled by the person filing the report if | ||||||
14 | the person filing the report is a trustee, proxy, guardian, or | ||||||
15 | advisor with regard to decisions to acquire, retain, or divest | ||||||
16 | all or any portion of an interest. | ||||||
17 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| ||||||
18 | Sec. 4A-102. The statement of economic interests required | ||||||
19 | by this Article
shall include the economic interests of the | ||||||
20 | person making the statement as
provided in this Section. The | ||||||
21 | interest (if constructively controlled by the
person making the | ||||||
22 | statement) of a spouse , or any other party if constructively | ||||||
23 | controlled by the person making the statement , shall be
| ||||||
24 | considered to be the same as the interest of the person making | ||||||
25 | the
statement. Campaign receipts shall not be included in this |
| |||||||
| |||||||
1 | statement.
| ||||||
2 | (a) The following interests shall be listed by all | ||||||
3 | persons required to
file:
| ||||||
4 | (1) The source, type, and amount or value of income | ||||||
5 | (other than income referred in subsection (a)(2)) from any | ||||||
6 | source other than from current employment by the State of | ||||||
7 | Illinois. | ||||||
8 | (2) The source and type of income which consists of | ||||||
9 | income from dividends, rents, interest, trusts, and | ||||||
10 | capital gains, received during the preceding calendar year | ||||||
11 | which exceeds $200 in amount or value, and an indication of | ||||||
12 | the appropriate category of value such item of income is | ||||||
13 | within. | ||||||
14 | (3) The source, date, and amount of payments made to | ||||||
15 | charitable organizations in lieu of honoraria with a | ||||||
16 | corresponding list of recipients of all such payments, | ||||||
17 | together with the dates and amounts of such payments. | ||||||
18 | (4) The identity and category of value of any interest | ||||||
19 | in property held during the preceding calendar year in a | ||||||
20 | trade or business or for investment or production of | ||||||
21 | income, if the property has a fair market value in excess | ||||||
22 | of $1,000 at the close of the preceding calendar year. This | ||||||
23 | item does not include any personal liability owed (i) to | ||||||
24 | the person filing the statement by his or her immediate | ||||||
25 | family members or (ii) to the spouse of the person filing | ||||||
26 | the statement. This item also does not include deposits |
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1 | aggregating $5,000 or less in a personal savings account, | ||||||
2 | including certificates of deposit and any other form of | ||||||
3 | deposit in a bank, savings and loan association, credit | ||||||
4 | union, or similar financial institution. | ||||||
5 | (5) The identity and category of value of the total | ||||||
6 | liabilities in excess of $5,000 owed at any time during the | ||||||
7 | preceding calendar year to any creditor other than (i) an | ||||||
8 | immediate family member of the person filing the statement | ||||||
9 | or (ii) an immediate family member of the spouse of the | ||||||
10 | person filing the statement. This item does not include: | ||||||
11 | (A) Any mortgage secured by real property that is | ||||||
12 | the primary personal residence of the person filing the | ||||||
13 | statement. | ||||||
14 | (B) Any loan secured by a personal motor vehicle, | ||||||
15 | household furniture, appliances, or other similar | ||||||
16 | effect if the loan does not exceed the purchase price | ||||||
17 | of the item or items that secure it. | ||||||
18 | (C) Any debt owed by a political committee | ||||||
19 | associated with the person filing the statement, | ||||||
20 | provided that such debt is reported as required by | ||||||
21 | Article 9 of the Election Code. | ||||||
22 | With regard to revolving charge accounts, the person filing | ||||||
23 | the statement need report only his or her outstanding aggregate | ||||||
24 | liability across all accounts, and only if in excess of $10,000 | ||||||
25 | at the close of the preceding calendar year. | ||||||
26 | (6) A brief description, the date, and the category of |
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1 | value of any purchase, sale, or exchange in excess of | ||||||
2 | $1,000 during the preceding calendar year of (i) real | ||||||
3 | property other than real property used solely for the | ||||||
4 | primary personal residence of the person filing the | ||||||
5 | statement or his or her spouse or (ii) stocks, bonds, | ||||||
6 | commodity futures, and other forms of securities. This item | ||||||
7 | does not apply to transactions solely by and between the | ||||||
8 | person filing the statement and his or her immediate family | ||||||
9 | members. | ||||||
10 | (7) The identity of all positions held during the | ||||||
11 | preceding calendar year as an officer, director, trustee, | ||||||
12 | partner, proprietor, representative, employee, or | ||||||
13 | consultant of any corporation, company, firm, partnership, | ||||||
14 | other business enterprise, non-profit organization, labor | ||||||
15 | organization, or educational or other institution of the | ||||||
16 | State, a unit of government, a school district, or the | ||||||
17 | United States. This item does not apply to positions in | ||||||
18 | religious, social, fraternal, or political organizations | ||||||
19 | or positions of a solely honorary nature. | ||||||
20 | (8) The date of, the parties to, and a description of | ||||||
21 | the terms of any agreement or arrangement with respect to | ||||||
22 | (i) future employment; (ii) a leave of absence from the | ||||||
23 | unit of government in relation to which the person is | ||||||
24 | required to file the statement; (iii) contributions or | ||||||
25 | payments by a former employer other than the unit of | ||||||
26 | government in relation to which the person is required to |
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1 | file the statement; and (iv) continuing participation in an | ||||||
2 | employee welfare or benefit plan with a former employer. | ||||||
3 | (9) The source, date, and amount of honoraria | ||||||
4 | aggregating $200 or more during the preceding calendar | ||||||
5 | year. | ||||||
6 | (10) The source, date, and amount or value of any gift | ||||||
7 | or gifts (i) valued singularly or in the aggregate in | ||||||
8 | excess of $500 during the preceding calendar year to the | ||||||
9 | person filing the statement or an immediate family member | ||||||
10 | of the person filing the statement, from any person other | ||||||
11 | than an immediate family member or (ii)from a prohibited | ||||||
12 | source as defined by the State Officials and Employees | ||||||
13 | Ethics Act, even if that source is also an immediate family | ||||||
14 | member, and within any of the following captioned items | ||||||
15 | listed in Section 10-15 of that Act, regardless of whether | ||||||
16 | the person filing the statement is otherwise subject to | ||||||
17 | that Act: educational materials and missions; and travel | ||||||
18 | expenses for a meeting to discuss State government. | ||||||
19 | (1) The name, address and type of practice of any | ||||||
20 | professional
organization or individual professional | ||||||
21 | practice in which the person making
the statement was | ||||||
22 | an officer, director, associate, partner or | ||||||
23 | proprietor,
or served in any advisory capacity, from | ||||||
24 | which income in excess of $1200
was derived during the | ||||||
25 | preceding calendar year;
| ||||||
26 | (2) The nature of professional services (other |
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1 | than services rendered to
the unit or units of | ||||||
2 | government in relation to which the person is required
| ||||||
3 | to file)
and the nature of the entity to which they | ||||||
4 | were rendered if fees exceeding
$5,000 were received | ||||||
5 | during the preceding calendar year from the entity for
| ||||||
6 | professional services rendered by the person making | ||||||
7 | the statement.
| ||||||
8 | (3) The identity (including the address or legal | ||||||
9 | description of real
estate) of any capital asset from | ||||||
10 | which a capital gain of $5,000 or more
was realized in | ||||||
11 | the preceding calendar year.
| ||||||
12 | (11) (4) The name of any unit of government which | ||||||
13 | has employed the person
making the statement during the | ||||||
14 | preceding calendar year other than the unit
or units of | ||||||
15 | government in relation to which the person is required | ||||||
16 | to file.
| ||||||
17 | (5) The name of any entity from which a gift or | ||||||
18 | gifts, or honorarium or
honoraria, valued singly or in | ||||||
19 | the aggregate in excess of $500, was
received during | ||||||
20 | the preceding calendar year.
| ||||||
21 | (b) The following interests shall also be listed by | ||||||
22 | persons listed in
items (a) through (f), item (l), and item | ||||||
23 | (n) of Section 4A-101:
| ||||||
24 | (1) (Blank.) The name and instrument of ownership | ||||||
25 | in any entity doing business in
the State of Illinois, | ||||||
26 | in which an ownership interest held by the person at
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1 | the date of filing is in excess of $5,000 fair market | ||||||
2 | value or from which
dividends of in excess of $1,200 | ||||||
3 | were derived during the preceding calendar
year. (In | ||||||
4 | the case of real estate, location thereof shall be | ||||||
5 | listed by
street address, or if none, then by legal | ||||||
6 | description). No time or demand
deposit in a financial | ||||||
7 | institution, nor any debt instrument need be listed;
| ||||||
8 | (2) (Blank.) Except for professional service | ||||||
9 | entities, the name of any entity and
any position held | ||||||
10 | therein from which income of in excess of $1,200 was
| ||||||
11 | derived during the preceding calendar year, if the | ||||||
12 | entity does business in
the State of Illinois. No time | ||||||
13 | or demand deposit in a financial
institution, nor any | ||||||
14 | debt instrument need be listed.
| ||||||
15 | (3) The identity of any compensated lobbyist with | ||||||
16 | whom the person making
the statement maintains a close | ||||||
17 | economic or personal relationship association , | ||||||
18 | including the name of
the lobbyist and specifying the | ||||||
19 | legislative matter or matters which are the
object of | ||||||
20 | the lobbying activity, and describing the general type | ||||||
21 | of
economic activity of the client or principal on | ||||||
22 | whose behalf that person is
lobbying .
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23 | (c) The following interests shall also be listed by | ||||||
24 | persons listed in
items (g), (h), (i), and (o) of Section | ||||||
25 | 4A-101:
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26 | (1) The name and instrument of ownership in any |
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1 | entity doing business
with a unit of local government | ||||||
2 | in relation to which the person is
required to file if | ||||||
3 | the ownership interest of the person filing is greater
| ||||||
4 | than $5,000 fair market value as of the date of filing | ||||||
5 | or if dividends in
excess of $1,200 were received from | ||||||
6 | the entity during the preceding
calendar year. (In the | ||||||
7 | case of real estate, location thereof shall be
listed | ||||||
8 | by street address, or if none, then by legal | ||||||
9 | description). No time
or demand deposit in a financial | ||||||
10 | institution, nor any debt instrument need
be listed.
| ||||||
11 | (2) (Blank.) Except for professional service | ||||||
12 | entities, the name of any entity and
any position held | ||||||
13 | therein from which income in excess of $1,200 was | ||||||
14 | derived
during the preceding calendar year if the | ||||||
15 | entity does business with a
unit of local government in | ||||||
16 | relation to which the person is required to
file. No | ||||||
17 | time or demand deposit in a financial institution, nor | ||||||
18 | any debt
instrument need be listed.
| ||||||
19 | (3) The name of any entity and the nature of the | ||||||
20 | governmental action
requested by any entity which has | ||||||
21 | applied to a unit of local
government
in relation to | ||||||
22 | which the person must file for any license, franchise | ||||||
23 | or
permit for annexation, zoning or rezoning of real | ||||||
24 | estate during the
preceding calendar year if the | ||||||
25 | ownership interest of the person filing is
in excess of | ||||||
26 | $5,000 fair market value at the time of filing or if |
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| |||||||
1 | income or
dividends in excess of $1,200 were received | ||||||
2 | by the person filing from the
entity during the | ||||||
3 | preceding calendar year.
| ||||||
4 | For the purposes of this Section, the unit of local | ||||||
5 | government in relation to which a person required to file under | ||||||
6 | item (o) of Section 4A-101 shall be the unit of local | ||||||
7 | government that contributes to the pension fund of which such | ||||||
8 | person is a member of the board. | ||||||
9 | (Source: P.A. 96-6, eff. 4-3-09.)
| ||||||
10 | (5 ILCS 420/4A-102.5 new) | ||||||
11 | Sec. 4A-102.5. Appointee supplemental statement. Persons | ||||||
12 | filing statements of economic interests as a result of their | ||||||
13 | nomination to a board or commission shall also, at the same | ||||||
14 | time and in the same manner, file a supplement to the statement | ||||||
15 | containing the following information: | ||||||
16 | (1) Any contributions, in excess of $150 in the | ||||||
17 | aggregate, to any political committee organized under the | ||||||
18 | Election Code made since the end of the last preceding | ||||||
19 | semi-annual (until January 1, 2011) or quarterly | ||||||
20 | (beginning January 1, 2011) disclosure period and the date | ||||||
21 | the person files the statement of economic interests, | ||||||
22 | including the amount of the contribution, the date, and the | ||||||
23 | recipient. | ||||||
24 | (2) Any contribution made to a legal defense fund since | ||||||
25 | the filing of the last previous statement of economic |
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1 | interests or, if the person is filing his or her first | ||||||
2 | statement of economic interests, in the 12 months preceding | ||||||
3 | the filing date. | ||||||
4 | (3) The name of any immediate family member who is | ||||||
5 | registered as a lobbyist with any State or federal agency | ||||||
6 | or office.
| ||||||
7 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| ||||||
8 | Sec. 4A-103.
The statement of economic interests required | ||||||
9 | by this Article to be filed
with the Secretary of State shall | ||||||
10 | be filled in by
typewriting or hand printing, shall be | ||||||
11 | verified, dated, and signed by manual or electronic means as | ||||||
12 | appropriate by the
person making the statement , and made in a | ||||||
13 | form prescribed by the Secretary of State that shall, in paper | ||||||
14 | and electronic formats, substantially replicate the design of | ||||||
15 | the 2002 Public Financial Disclosure Report forms employed by | ||||||
16 | the United States Congress for purposes of complying with the | ||||||
17 | Ethics in Government Act of 1978. and shall contain | ||||||
18 | substantially the following:
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19 | STATEMENT OF ECONOMIC INTEREST
| ||||||
20 | (TYPE OR HAND PRINT)
| ||||||
21 |
| ||||||
22 | (name)
| ||||||
23 |
| ||||||
24 | (each office or position of employment for which this
statement | ||||||
25 | is filed)
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1 |
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2 | (full mailing address)
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3 | GENERAL DIRECTIONS:
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4 | The interest (if constructively controlled by the person | |||||||||||||||||||||
5 | making the
statement) of a spouse or any other party, shall be | |||||||||||||||||||||
6 | considered to be the
same as the interest of the person making | |||||||||||||||||||||
7 | the statement.
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8 | Campaign receipts shall not be included in this statement.
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9 | If additional space is needed, please attach supplemental | |||||||||||||||||||||
10 | listing.
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11 | 1. List the name and instrument of ownership in any entity | |||||||||||||||||||||
12 | doing
business in the State of Illinois, in which the ownership | |||||||||||||||||||||
13 | interest held by
the person at the date of filing is in excess | |||||||||||||||||||||
14 | of $5,000 fair market value
or from which dividends in excess | |||||||||||||||||||||
15 | of $1,200 were derived during the
preceding calendar year. (In | |||||||||||||||||||||
16 | the case of real estate, location thereof
shall be listed by | |||||||||||||||||||||
17 | street address, or if none, then by legal description.)
No time | |||||||||||||||||||||
18 | or demand deposit in a financial institution, nor any debt
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19 | instrument need be listed.
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25 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
26 | professional
organization in which the person making the |
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| ||||||||||||||||||||||
1 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
2 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
3 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
4 | calendar year.
| |||||||||||||||||||||
| ||||||||||||||||||||||
9 | 3. List the nature of professional services rendered (other | |||||||||||||||||||||
10 | than to the
State of Illinois) to each entity from which income | |||||||||||||||||||||
11 | exceeding $5,000 was
received for professional services | |||||||||||||||||||||
12 | rendered during the preceding calendar
year by the person | |||||||||||||||||||||
13 | making the statement.
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14 |
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15 |
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16 | 4. List the identity (including the address or legal | |||||||||||||||||||||
17 | description of real
estate) of any capital asset from which a | |||||||||||||||||||||
18 | capital gain of $5,000 or more
was realized during the | |||||||||||||||||||||
19 | preceding calendar year.
| |||||||||||||||||||||
20 |
| |||||||||||||||||||||
21 |
| |||||||||||||||||||||
22 | 5. List the identity of any compensated lobbyist with whom | |||||||||||||||||||||
23 | the person
making the statement maintains a close economic | |||||||||||||||||||||
24 | association, including the
name of the lobbyist and specifying | |||||||||||||||||||||
25 | the legislative matter or matters which
are the object of the | |||||||||||||||||||||
26 | lobbying activity, and describing the general type of
economic |
| ||||||||||||||||||
| ||||||||||||||||||
1 | activity of the client or principal on whose behalf that person | |||||||||||||||||
2 | is
lobbying.
| |||||||||||||||||
| ||||||||||||||||||
6 | 6. List the name of any entity doing business in the State | |||||||||||||||||
7 | of Illinois
from which income in excess of $1,200 was derived | |||||||||||||||||
8 | during the preceding
calendar year other than for professional | |||||||||||||||||
9 | services and the title or
description of any position held in | |||||||||||||||||
10 | that entity. (In the case of real
estate, location thereof | |||||||||||||||||
11 | shall be listed by street address, or if none,
then by legal | |||||||||||||||||
12 | description). No time or demand deposit in a financial
| |||||||||||||||||
13 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
18 | 7. List the name of any unit of government which employed | |||||||||||||||||
19 | the person
making the statement during the preceding calendar | |||||||||||||||||
20 | year other than the unit
or units
of government in relation to | |||||||||||||||||
21 | which the person is required to file.
| |||||||||||||||||
22 |
| |||||||||||||||||
23 |
| |||||||||||||||||
24 | 8. List the name of any entity from which a gift or gifts, | |||||||||||||||||
25 | or honorarium
or honoraria, valued singly or in the aggregate | |||||||||||||||||
26 | in excess of $500, was
received during the preceding calendar |
| |||||||
| |||||||
1 | year.
| ||||||
2 |
| ||||||
3 | VERIFICATION:
| ||||||
4 | "I declare that this statement of economic interests | ||||||
5 | (including any
accompanying schedules and statements) has been | ||||||
6 | examined by me and to the
best of my knowledge and belief is a | ||||||
7 | true, correct and complete statement
of my economic interests | ||||||
8 | as required by the Illinois Governmental Ethics
Act. I | ||||||
9 | understand that the penalty for willfully filing a false or
| ||||||
10 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
11 | imprisonment
in a penal institution other than the penitentiary | ||||||
12 | not to exceed one year,
or both fine and imprisonment."
| ||||||
13 | ................ ..........................................
| ||||||
14 | (date of filing) (signature of person making the statement)
| ||||||
15 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
16 | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| ||||||
17 | Sec. 4A-104.
The statement of economic interests required | ||||||
18 | by this Article to be filed
with the county clerk shall be | ||||||
19 | filled in by typewriting
or hand printing, shall be verified, | ||||||
20 | dated, and signed by manual or electronic means as appropriate | ||||||
21 | by the person
making the statement , and made on a form | ||||||
22 | prescribed by the Secretary of State that shall substantially | ||||||
23 | replicate the design of the 2002 Public Financial Disclosure | ||||||
24 | Report forms employed by the United States Congress for | ||||||
25 | purposes of complying with the Ethics in Government Act of |
| |||||||
| |||||||
1 | 1978. shall contain substantially the following:
| ||||||
2 | STATEMENT OF ECONOMIC INTERESTS
| ||||||
3 | (TYPE OR HAND PRINT)
| ||||||
4 |
| ||||||
5 | (Name)
| ||||||
6 |
| ||||||
7 | (each office or position of employment for which this
statement | ||||||
8 | is filed)
| ||||||
9 | (full mailing address)
| ||||||
10 | GENERAL DIRECTIONS:
| ||||||
11 | The interest (if constructively controlled by the person | ||||||
12 | making the
statement) of a spouse or any other party, shall be | ||||||
13 | considered to be the
same as the interest of the person making | ||||||
14 | the statement.
| ||||||
15 | Campaign receipts shall not be included in this statement.
| ||||||
16 | If additional space is needed, please attach supplemental | ||||||
17 | listing.
| ||||||
18 | 1. List the name and instrument of ownership in any entity | ||||||
19 | doing
business with a unit of local government in relation to | ||||||
20 | which the
person
is required to file, in which the ownership | ||||||
21 | interest held by the person at
the date of filing is in excess | ||||||
22 | of $5,000 fair market value or from which
dividends in excess | ||||||
23 | of $1,200 were received during the preceding calendar
year. (In | ||||||
24 | the case of real estate, location thereof shall be listed by
| ||||||
25 | street address, or if none, then by legal description.) No time | ||||||
26 | or demand
deposit in a financial institution, nor any debt |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | instrument shall be
listed.
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
7 | 2. List the name, address and type of practice of any | ||||||||||||||||||||||||||
8 | professional
organization in which the person making the | ||||||||||||||||||||||||||
9 | statement was an officer,
director, associate, partner or | ||||||||||||||||||||||||||
10 | proprietor, or served in any advisory
capacity, from which | ||||||||||||||||||||||||||
11 | income in excess of $1,200 was derived during the
preceding | ||||||||||||||||||||||||||
12 | calendar year.
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
17 | 3. List the nature of professional services rendered (other | ||||||||||||||||||||||||||
18 | than to the
unit or units of local government in relation to | ||||||||||||||||||||||||||
19 | which the person is
required to
file) to each entity from which | ||||||||||||||||||||||||||
20 | income exceeding $5,000 was received for
professional services | ||||||||||||||||||||||||||
21 | rendered during the preceding calendar year by the
person | ||||||||||||||||||||||||||
22 | making the statement.
| ||||||||||||||||||||||||||
23 |
| ||||||||||||||||||||||||||
24 |
| ||||||||||||||||||||||||||
25 | 4. List the identity (including the address or legal | ||||||||||||||||||||||||||
26 | description of real
estate) of any capital asset from which a |
| |||||||
| |||||||
1 | capital gain of $5,000 or more
was realized during the | ||||||
2 | preceding calendar year.
| ||||||
3 |
| ||||||
4 |
| ||||||
5 |
| ||||||
6 | 5. List the name of any entity and the nature of the | ||||||
7 | governmental action
requested by any entity which has applied | ||||||
8 | to a unit of local
government
in relation to which the person | ||||||
9 | must file for any license, franchise or
permit for annexation, | ||||||
10 | zoning or rezoning of real estate during the
preceding calendar | ||||||
11 | year if the ownership interest of the person filing is
in | ||||||
12 | excess of $5,000 fair market value at the time of filing or if | ||||||
13 | income or
dividends in excess of $1200 were received by the | ||||||
14 | person filing from the
entity during the preceding calendar | ||||||
15 | year.
| ||||||
16 |
| ||||||
17 |
| ||||||
18 |
| ||||||
19 | 6. List the name of any entity doing business with a unit | ||||||
20 | of
local
government in relation to which the person is required | ||||||
21 | to file from which
income in excess of $1,200 was derived | ||||||
22 | during the preceding calendar year
other than for professional | ||||||
23 | services and the title or description of any
position held in | ||||||
24 | that entity. No time or demand deposit in a financial
| ||||||
25 | institution nor any debt instrument need be listed.
| ||||||
26 |
|
| |||||||
| |||||||
1 |
| ||||||
2 | 7. List the name of any unit of government which employed | ||||||
3 | the person
making the statement during the preceding calendar | ||||||
4 | year other than the unit
or units of government in relation to | ||||||
5 | which the person is required to file.
| ||||||
6 |
| ||||||
7 |
| ||||||
8 | 8. List the name of any entity from which a gift or gifts, | ||||||
9 | or honorarium
or honoraria, valued singly or in the aggregate | ||||||
10 | in excess of $500, was
received during the preceding calendar | ||||||
11 | year.
| ||||||
12 |
| ||||||
13 | VERIFICATION:
| ||||||
14 | "I declare that this statement of economic interests | ||||||
15 | (including any
accompanying schedules and statements) has been | ||||||
16 | examined by me and to the
best of my knowledge and belief is a | ||||||
17 | true, correct and complete statement
of my economic interests | ||||||
18 | as required by the Illinois Governmental Ethics
Act. I | ||||||
19 | understand that the penalty for willfully filing a false or
| ||||||
20 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
21 | imprisonment
in a penal institution other than the penitentiary | ||||||
22 | not to exceed one year,
or both fine and imprisonment."
| ||||||
23 | ................ ..........................................
| ||||||
24 | (date of filing) (signature of person making the statement)
| ||||||
25 | (Source: P.A. 95-173, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| ||||||
2 | Sec. 4A-105. Time for filing. Except as provided in | ||||||
3 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||
4 | filed by each person
whose position at that time subjects him | ||||||
5 | to the filing requirements of Section
4A-101 unless he has | ||||||
6 | already filed a statement in relation to the same unit of
| ||||||
7 | government in that calendar year.
| ||||||
8 | Statements must also be filed as follows:
| ||||||
9 | (a) A candidate for elective office shall file his | ||||||
10 | statement not later
than the end of the period during which | ||||||
11 | he can take the action necessary
under the laws of this | ||||||
12 | State to attempt to qualify for nomination, election, or
| ||||||
13 | retention to such office if he has not already filed a | ||||||
14 | statement in relation to the
same unit of government during | ||||||
15 | that same calendar year within a year preceding such | ||||||
16 | action .
| ||||||
17 | (b) A person whose appointment to office is subject to | ||||||
18 | confirmation by
the Senate shall file his statement at the | ||||||
19 | time his name is submitted to
the Senate for confirmation.
| ||||||
20 | (b-5) A special government agent, as defined in
item | ||||||
21 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||
22 | within 30 days
after
making the first ex parte | ||||||
23 | communication and each May 1 thereafter if he or she
has | ||||||
24 | made an ex parte communication within the previous 12 | ||||||
25 | months.
| ||||||
26 | (c) Any other person required by this Article to file |
| |||||||
| |||||||
1 | the statement
shall file a statement at the time of his or | ||||||
2 | her initial appointment or
employment in relation to that | ||||||
3 | unit of government if appointed or employed by
May 1.
| ||||||
4 | If any person who is required to file a statement of | ||||||
5 | economic interests
fails to file such statement by May 1 of any | ||||||
6 | year, the officer with whom
such statement is to be filed under | ||||||
7 | Section 4A-106 of this Act shall,
within 7 days after May 1, | ||||||
8 | notify such person by certified mail of his or
her failure to | ||||||
9 | file by the specified date. Except as may be prescribed by
rule | ||||||
10 | of the Secretary of State, such person shall file his or
her | ||||||
11 | statement of economic interests on or before May 15 with the
| ||||||
12 | appropriate officer, together with a $15 late filing fee. Any | ||||||
13 | such person
who fails to file by May 15 shall be subject to a | ||||||
14 | penalty of $100 for each
day from May 16 to the date of filing, | ||||||
15 | which shall be in addition to the $15
late filing fee specified | ||||||
16 | above. Failure to file by May 31 shall result in a
forfeiture | ||||||
17 | in accordance with Section 4A-107 of this Act.
| ||||||
18 | Any person who takes office or otherwise becomes required | ||||||
19 | to file a
statement of economic interests within 30 days prior | ||||||
20 | to May 1 of any year
may file his or her statement at any time | ||||||
21 | on or before May 31 without
penalty. If such person fails to | ||||||
22 | file such statement by May 31, the
officer with whom such | ||||||
23 | statement is to be filed under Section 4A-106 of
this Act | ||||||
24 | shall, within 7 days after May 31, notify such person by | ||||||
25 | certified
mail of his or her failure to file by the specified | ||||||
26 | date. Such person
shall file his or her statement of economic |
| |||||||
| |||||||
1 | interests on or before June 15 with
the appropriate officer, | ||||||
2 | together with a $15 late filing fee. Any such
person who fails | ||||||
3 | to file by June 15 shall be subject to a penalty of $100
per day | ||||||
4 | for each day from June 16 to the date of filing, which shall be | ||||||
5 | in
addition to the $15 late filing fee specified above. Failure | ||||||
6 | to file by June
30 shall result in a forfeiture in accordance | ||||||
7 | with Section 4A-107 of this Act.
| ||||||
8 | All late filing fees and penalties collected pursuant to | ||||||
9 | this Section
shall be paid into the General Revenue Fund in the | ||||||
10 | State treasury, if the
Secretary of State receives such | ||||||
11 | statement for filing, or into the general
fund in the county | ||||||
12 | treasury, if the county clerk receives such statement
for | ||||||
13 | filing. The Attorney General, with respect to the State, and | ||||||
14 | the
several State's Attorneys, with respect to counties, shall | ||||||
15 | take appropriate
action to collect the prescribed penalties.
| ||||||
16 | Failure to file a statement of economic interests within | ||||||
17 | the time
prescribed shall not result in a fine or ineligibility | ||||||
18 | for, or forfeiture of,
office or position of employment, as the | ||||||
19 | case may be; provided that the failure
to file results from not | ||||||
20 | being included for notification by the appropriate
agency, | ||||||
21 | clerk, secretary, officer or unit of government, as the case | ||||||
22 | may be,
and that a statement is filed within 30 days of actual | ||||||
23 | notice of the failure to
file.
| ||||||
24 | Beginning with statements required to be filed on or after | ||||||
25 | May 1, 2009, the officer with whom a statement is to be filed | ||||||
26 | may, in his or her discretion, waive the late filing fee, the |
| |||||||
| |||||||
1 | monetary late filing penalty, and the ineligibility for or | ||||||
2 | forfeiture of office or position for failure to file when the | ||||||
3 | person's late filing of a statement or failure to file a | ||||||
4 | statement is due to his or her (i) serious or catastrophic | ||||||
5 | illness that renders the person temporarily incapable of | ||||||
6 | completing the statement or (ii) military service. | ||||||
7 | (Source: P.A. 96-550, eff. 8-17-09.)
| ||||||
8 | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| ||||||
9 | Sec. 4A-106. Notification; electronic filing. | ||||||
10 | (a) The statements of economic interests required of | ||||||
11 | persons
listed in items (a) through (f), item (j), item (l), | ||||||
12 | and item (n) of
Section 4A-101 shall be
filed with the | ||||||
13 | Secretary of State. The Secretary of State shall by rule | ||||||
14 | provide for the electronic filing of statements as follows: | ||||||
15 | Beginning January 1, 2011, or as soon thereafter as the | ||||||
16 | Secretary of State has provided adequate software to persons | ||||||
17 | required to file under this Article, all Statements filed under | ||||||
18 | this Article shall be filed in electronic format. The Secretary | ||||||
19 | shall promptly upon verification make all statements filed | ||||||
20 | under this Article publicly available by means of a searchable | ||||||
21 | database that is accessible through the World Wide Web. | ||||||
22 | "Searchable" means, for the purpose of this Section, that any | ||||||
23 | person may query each question for any proper names and | ||||||
24 | addresses. The Secretary of State shall provide all software | ||||||
25 | necessary to comply with this Section and shall implement a |
| |||||||
| |||||||
1 | plan to provide computer access and assistance to persons | ||||||
2 | required to file by this Article. | ||||||
3 | (b) The statements of economic interests
required of | ||||||
4 | persons listed in items (g), (h), (i), (k), and (o) of
Section
| ||||||
5 | 4A-101 shall be filed with the county clerk of the county in | ||||||
6 | which the
principal office of the unit of local government with | ||||||
7 | which the person is
associated is located. If it is not | ||||||
8 | apparent which county the principal office
of a unit of local | ||||||
9 | government is located, the chief administrative officer, or
his | ||||||
10 | or her designee, has the authority, for purposes of this Act, | ||||||
11 | to determine
the county in which the principal office is | ||||||
12 | located. | ||||||
13 | (c) On or before February 1
annually, (1) the chief | ||||||
14 | administrative officer of any State agency in the
executive, | ||||||
15 | legislative, or judicial branch employing persons required to | ||||||
16 | file
under item (f) or item (l) of Section
4A-101 and the chief | ||||||
17 | administrative officer of a board described in item (n) of | ||||||
18 | Section 4A-101 shall certify to the Secretary of State the | ||||||
19 | names and mailing addresses
of those persons . The State Board | ||||||
20 | of Elections shall, within 14 days after the proclamation of | ||||||
21 | the results of a general primary pursuant to Section 7-58 of | ||||||
22 | the Election Code, provide the Secretary of State with a true | ||||||
23 | alphabetical listing of the names and related information, | ||||||
24 | including their addresses and the office they are seeking, of | ||||||
25 | candidates who were nominated in a general primary election. , | ||||||
26 | and (2) |
| |||||||
| |||||||
1 | (d) On or before February 1 annually, the chief | ||||||
2 | administrative officer, or his or her
designee, of each unit of | ||||||
3 | local government with persons described in items (h),
(i) and | ||||||
4 | (k) and a board described in item (o) of Section 4A-101 shall | ||||||
5 | certify to the appropriate county clerk a
list of names and | ||||||
6 | addresses of persons described in items (h), (i),
(k), and (o) | ||||||
7 | of
Section 4A-101 that are required to file. In preparing the | ||||||
8 | lists, each chief
administrative officer, or his or her | ||||||
9 | designee, shall set out the names in
alphabetical order.
Any | ||||||
10 | local election authority shall within 14 days after | ||||||
11 | proclamation of the results of a primary election, provide the | ||||||
12 | county clerk with a true alphabetical listing of the names and | ||||||
13 | related information, including their addresses and the office | ||||||
14 | they are seeking, of candidates who nominated in a general | ||||||
15 | primary election. Any county clerk who makes available in his | ||||||
16 | or her principal offices terminals by means of which the | ||||||
17 | general public may access statements of economic interest filed | ||||||
18 | with the Secretary of State's office and posted to the | ||||||
19 | Secretary of State's website may waive the requirement that a | ||||||
20 | person file a paper form with that county clerk with respect to | ||||||
21 | persons whose forms have been electronically filed with the | ||||||
22 | Secretary of State's office.
| ||||||
23 | (e) On or before April 1 annually, the Secretary of State | ||||||
24 | shall notify (1)
all persons whose names have been certified to | ||||||
25 | him under items (f),
(l), and (n) of
Section 4A-101, and (2) | ||||||
26 | all persons described in items (a) through (e) and
item (j) of |
| |||||||
| |||||||
1 | Section 4A-101 , together, in even-numbered years, with the | ||||||
2 | names of candidates nominated at the most recent general | ||||||
3 | primary , other than candidates for office who have filed
their | ||||||
4 | statements with their nominating petitions , of the | ||||||
5 | requirements for
filing statements of economic interests.
A | ||||||
6 | person required to file with the Secretary of State by virtue | ||||||
7 | of more than
one item among items (a) through (f) and items | ||||||
8 | (j), (l), and (n)
shall be notified of and is
required
to file | ||||||
9 | only one statement of economic interests relating to all items | ||||||
10 | under
which the person is required to file with the Secretary | ||||||
11 | of State.
| ||||||
12 | (f) On or before April 1 annually, the county clerk of each | ||||||
13 | county shall
notify all persons whose names have been certified | ||||||
14 | to him under items (g),
(h), (i), (k), and (o) of Section | ||||||
15 | 4A-101 , other than candidates
for office who have filed their | ||||||
16 | statements with their nominating petitions, of
the | ||||||
17 | requirements for filing statements of economic interests.
A | ||||||
18 | person required to file with a county clerk by virtue of more | ||||||
19 | than one item
among items (g), (h), (i), (k), and (o) shall be | ||||||
20 | notified of and is
required to
file only one statement of | ||||||
21 | economic interests relating to all items under which
the person | ||||||
22 | is required to file with that county clerk.
| ||||||
23 | (g) Except as provided in Section 4A-106.1, the notices | ||||||
24 | provided for in this
Section shall be in writing and deposited | ||||||
25 | in
the U.S. Mail, properly addressed, first class postage | ||||||
26 | prepaid, on or before
the day required by this Section for the |
| |||||||
| |||||||
1 | sending of the notice. A certificate
executed by the Secretary | ||||||
2 | of State or county clerk attesting that he has mailed
the | ||||||
3 | notice constitutes prima facie evidence thereof.
| ||||||
4 | (h) From the lists certified to him under this Section of | ||||||
5 | persons described in
items (g), (h), (i), (k), and (o) of | ||||||
6 | Section 4A-101, the clerk
of each county shall
compile an | ||||||
7 | alphabetical listing of persons required to file statements of
| ||||||
8 | economic interests in his office under any of those items. As | ||||||
9 | the
statements are filed in his office, the county clerk shall | ||||||
10 | cause the fact
of that filing to be indicated on the | ||||||
11 | alphabetical listing of persons who
are required to file | ||||||
12 | statements. Within 30 days after the due dates, the county
| ||||||
13 | clerk shall mail to the State Board of Elections a true copy of | ||||||
14 | that listing
showing those who have filed statements.
| ||||||
15 | (i) The county clerk of each county shall note upon the | ||||||
16 | alphabetical listing
the names of all persons required to file | ||||||
17 | a statement of economic interests
who failed to file a | ||||||
18 | statement on or before May 1. It shall be the duty of
the | ||||||
19 | several county clerks to give notice as provided in Section | ||||||
20 | 4A-105 to
any person who has failed to file his or her | ||||||
21 | statement with the clerk on or
before May 1.
| ||||||
22 | (j) Any person who files or has filed a statement of | ||||||
23 | economic interest
under this Act is entitled to receive from | ||||||
24 | the Secretary of State or county
clerk, as the case may be, a | ||||||
25 | receipt indicating that the person has filed
such a statement, | ||||||
26 | the date of such filing, and the identity of the
governmental |
| |||||||
| |||||||
1 | unit or units in relation to which the filing is required.
A | ||||||
2 | county clerk shall issue such receipt either on proof that the | ||||||
3 | person has filed with the Secretary of State in electronic | ||||||
4 | format or upon receipt of a paper form.
| ||||||
5 | (k) The Secretary of State may employ such employees and | ||||||
6 | consultants
as he considers necessary to carry out his duties | ||||||
7 | hereunder, and may
prescribe their duties, fix their | ||||||
8 | compensation, and provide for
reimbursement of their expenses.
| ||||||
9 | (l) The Secretary of State shall provide training, through | ||||||
10 | the Secretary of State's website, for ethics officers appointed | ||||||
11 | under the State Officers and Employees Ethics Act and through | ||||||
12 | the Secretary of State's website, for persons required to file | ||||||
13 | statements of economic interests. | ||||||
14 | (m) All statements of economic interests filed under this | ||||||
15 | Section shall be
available for examination and copying by the | ||||||
16 | public at all reasonable times.
Not later than 12 months after | ||||||
17 | the effective date of this amendatory Act of
the 93rd General | ||||||
18 | Assembly, beginning with statements filed in calendar year
| ||||||
19 | 2004, the Secretary of State shall make statements of economic | ||||||
20 | interests filed
with the Secretary available for inspection and | ||||||
21 | copying via the Secretary's
website.
| ||||||
22 | (Source: P.A. 96-6, eff. 4-3-09.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|