101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2447

 

Introduced , by Rep. Dan Caulkins

 

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 members of the General Assembly and candidates for nomination or election to the General Assembly to make a statement of economic interests concerning any client or entity related to the legalized marijuana industry with whom the person making the statement, or his or her spouse or immediate family member living with that person, maintains an economic association and from which he or she has derived any economic benefit other than the salary received as a member of the General Assembly during the preceding calendar year. Makes a conforming modification to the statement of economic interests disclosure form to be filed with the Secretary of State.


LRB101 04043 RJF 49051 b

 

 

A BILL FOR

 

HB2447LRB101 04043 RJF 49051 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 4A-102 and 4A-103 as follows:
 
6    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
7    Sec. 4A-102. The statement of economic interests required
8by this Article shall include the economic interests of the
9person making the statement as provided in this Section. The
10interest (if constructively controlled by the person making the
11statement) of a spouse or any other party, shall be considered
12to be the same as the interest of the person making the
13statement. Campaign receipts shall not be included in this
14statement.
15        (a) The following interests shall be listed by all
16    persons required to file:
17            (1) The name, address and type of practice of any
18        professional organization or individual professional
19        practice in which the person making the statement was
20        an officer, director, associate, partner or
21        proprietor, or served in any advisory capacity, from
22        which income in excess of $1200 was derived during the
23        preceding calendar year;

 

 

HB2447- 2 -LRB101 04043 RJF 49051 b

1            (2) The nature of professional services (other
2        than services rendered to the unit or units of
3        government in relation to which the person is required
4        to file) and the nature of the entity to which they
5        were rendered if fees exceeding $5,000 were received
6        during the preceding calendar year from the entity for
7        professional services rendered by the person making
8        the statement.
9            (3) The identity (including the address or legal
10        description of real estate) of any capital asset from
11        which a capital gain of $5,000 or more was realized in
12        the preceding calendar year.
13            (4) The name of any unit of government which has
14        employed the person making the statement during the
15        preceding calendar year other than the unit or units of
16        government in relation to which the person is required
17        to file.
18            (5) The name of any entity from which a gift or
19        gifts, or honorarium or honoraria, valued singly or in
20        the aggregate in excess of $500, was received during
21        the preceding calendar year.
22        (b) The following interests shall also be listed by
23    persons listed in items (a) through (f), item (l), item
24    (n), and item (p) of Section 4A-101:
25            (1) The name and instrument of ownership in any
26        entity doing business in the State of Illinois, in

 

 

HB2447- 3 -LRB101 04043 RJF 49051 b

1        which an ownership interest held by the person at the
2        date of filing is in excess of $5,000 fair market value
3        or from which dividends of in excess of $1,200 were
4        derived during the preceding calendar year. (In the
5        case of real estate, location thereof shall be listed
6        by street address, or if none, then by legal
7        description). No time or demand deposit in a financial
8        institution, nor any debt instrument need be listed;
9            (2) Except for professional service entities, the
10        name of any entity and any position held therein from
11        which income of in excess of $1,200 was derived during
12        the preceding calendar year, if the entity does
13        business in the State of Illinois. No time or demand
14        deposit in a financial institution, nor any debt
15        instrument need be listed.
16            (3) The identity of any compensated lobbyist with
17        whom the person making the statement maintains a close
18        economic association, including the name of the
19        lobbyist and specifying the legislative matter or
20        matters which are the object of the lobbying activity,
21        and describing the general type of economic activity of
22        the client or principal on whose behalf that person is
23        lobbying.
24            (4) With respect to members of the General Assembly
25        and candidates for nomination or election to the
26        General Assembly as listed in item (a) of Section

 

 

HB2447- 4 -LRB101 04043 RJF 49051 b

1        4A-101 only, the identity of any client or entity
2        related to the legalized marijuana industry with whom
3        the person making the statement, or his or her spouse
4        or immediate family member living with that person,
5        maintains an economic association and from which he or
6        she has derived any economic benefit other than the
7        salary received as a member of the General Assembly
8        during the preceding calendar year.
9        (c) The following interests shall also be listed by
10    persons listed in items (g), (h), (i), and (o) of Section
11    4A-101:
12            (1) The name and instrument of ownership in any
13        entity doing business with a unit of local government
14        in relation to which the person is required to file if
15        the ownership interest of the person filing is greater
16        than $5,000 fair market value as of the date of filing
17        or if dividends in excess of $1,200 were received from
18        the entity during the preceding calendar year. (In the
19        case of real estate, location thereof shall be listed
20        by street address, or if none, then by legal
21        description). No time or demand deposit in a financial
22        institution, nor any debt instrument need be listed.
23            (2) Except for professional service entities, the
24        name of any entity and any position held therein from
25        which income in excess of $1,200 was derived during the
26        preceding calendar year if the entity does business

 

 

HB2447- 5 -LRB101 04043 RJF 49051 b

1        with a unit of local government in relation to which
2        the person is required to file. No time or demand
3        deposit in a financial institution, nor any debt
4        instrument need be listed.
5            (3) The name of any entity and the nature of the
6        governmental action requested by any entity which has
7        applied to a unit of local government in relation to
8        which the person must file for any license, franchise
9        or permit for annexation, zoning or rezoning of real
10        estate during the preceding calendar year if the
11        ownership interest of the person filing is in excess of
12        $5,000 fair market value at the time of filing or if
13        income or dividends in excess of $1,200 were received
14        by the person filing from the entity during the
15        preceding calendar year.
16    For the purposes of this Section, the unit of local
17government in relation to which a person required to file under
18item (o) of Section 4A-101 shall be the unit of local
19government that contributes to the pension fund of which such
20person is a member of the board.
21(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
 
22    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
23    Sec. 4A-103. The statement of economic interests required
24by this Article to be filed with the Secretary of State shall
25be filled in by typewriting or hand printing, shall be

 

 

HB2447- 6 -LRB101 04043 RJF 49051 b

1verified, dated, and signed by the person making the statement
2and shall contain substantially the following:
3
STATEMENT OF ECONOMIC INTEREST
4
(TYPE OR HAND PRINT)
5.............................................................
6(name)
7.............................................................
8(each office or position of employment for which this statement
9is filed)
10.............................................................
11(full mailing address)
12GENERAL DIRECTIONS:
13    The interest (if constructively controlled by the person
14making the statement) of a spouse or any other party, shall be
15considered to be the same as the interest of the person making
16the statement.
17    Campaign receipts shall not be included in this statement.
18    If additional space is needed, please attach supplemental
19listing.
20    1. List the name and instrument of ownership in any entity
21doing business in the State of Illinois, in which the ownership
22interest held by the person at the date of filing is in excess
23of $5,000 fair market value or from which dividends in excess
24of $1,200 were derived during the preceding calendar year. (In
25the case of real estate, location thereof shall be listed by
26street address, or if none, then by legal description.) No time

 

 

HB2447- 7 -LRB101 04043 RJF 49051 b

1or demand deposit in a financial institution, nor any debt
2instrument need be listed.
3Business EntityInstrument of Ownership
4..............................................................
5..............................................................
6..............................................................
7..............................................................
8    2. List the name, address and type of practice of any
9professional organization in which the person making the
10statement was an officer, director, associate, partner or
11proprietor or served in any advisory capacity, from which
12income in excess of $1,200 was derived during the preceding
13calendar year.
14NameAddressType of Practice
15.............................................................
16.............................................................
17.............................................................
18    3. List the nature of professional services rendered (other
19than to the State of Illinois) to each entity from which income
20exceeding $5,000 was received for professional services
21rendered during the preceding calendar year by the person
22making the statement.
23.............................................................
24.............................................................
25    4. List the identity (including the address or legal
26description of real estate) of any capital asset from which a

 

 

HB2447- 8 -LRB101 04043 RJF 49051 b

1capital gain of $5,000 or more was realized during the
2preceding calendar year.
3.............................................................
4.............................................................
5    5. List the identity of any compensated lobbyist with whom
6the person making the statement maintains a close economic
7association, including the name of the lobbyist and specifying
8the legislative matter or matters which are the object of the
9lobbying activity, and describing the general type of economic
10activity of the client or principal on whose behalf that person
11is lobbying.
12LobbyistLegislative MatterClient or Principal
13.............................................................
14.............................................................
15    6. List the name of any entity doing business in the State
16of Illinois from which income in excess of $1,200 was derived
17during the preceding calendar year other than for professional
18services and the title or description of any position held in
19that entity. (In the case of real estate, location thereof
20shall be listed by street address, or if none, then by legal
21description). No time or demand deposit in a financial
22institution nor any debt instrument need be listed.
23EntityPosition Held
24..............................................................
25..............................................................
26..............................................................

 

 

HB2447- 9 -LRB101 04043 RJF 49051 b

1    7. List the name of any unit of government which employed
2the person making the statement during the preceding calendar
3year other than the unit or units of government in relation to
4which the person is required to file.
5.............................................................
6.............................................................
7    8. List the name of any entity from which a gift or gifts,
8or honorarium or honoraria, valued singly or in the aggregate
9in excess of $500, was received during the preceding calendar
10year.
11.............................................................
12    9. For members of and candidates for nomination or election
13to the General Assembly only, list the identity of any client
14or entity related to the legalized marijuana industry with whom
15the person making the statement, or his or her spouse or
16immediate family member living with that person, maintains an
17economic association and from which he or she has derived any
18economic benefit other than the salary received as a member of
19the General Assembly during the preceding calendar year.
20............................................................. 
21VERIFICATION:
22    "I declare that this statement of economic interests
23(including any accompanying schedules and statements) has been
24examined by me and to the best of my knowledge and belief is a
25true, correct and complete statement of my economic interests
26as required by the Illinois Governmental Ethics Act. I

 

 

HB2447- 10 -LRB101 04043 RJF 49051 b

1understand that the penalty for willfully filing a false or
2incomplete statement shall be a fine not to exceed $1,000 or
3imprisonment in a penal institution other than the penitentiary
4not to exceed one year, or both fine and imprisonment."
5................  ..........................................
6(date of filing)   (signature of person making the statement)
7(Source: P.A. 95-173, eff. 1-1-08.)