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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 |
| |||||||
| |||||||
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 persons | ||||||
3 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 an | ||||||
22 | officer, director, associate, partner or proprietor,
or | ||||||
23 | served in any advisory capacity, from which income in | ||||||
24 | excess of $1200
was derived during the preceding calendar | ||||||
25 | year;
| ||||||
26 | |
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| |||||||
1 | (2) The nature of professional services (other than | ||||||
2 | services rendered to
the unit or units of government in | ||||||
3 | relation to which the person is required
to file)
and the | ||||||
4 | nature of the entity to which they were rendered if fees | ||||||
5 | exceeding
$5,000 were received during the preceding | ||||||
6 | calendar year from the entity for
professional services | ||||||
7 | rendered by the person making 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 has | ||||||
13 | 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 to | ||||||
16 | file.
| ||||||
17 | (5) The name of any entity from which a gift or gifts, | ||||||
18 | or honorarium or
honoraria, valued singly or in the | ||||||
19 | aggregate in excess of $500, was
received during the | ||||||
20 | preceding calendar year.
| ||||||
21 | (b) The following interests shall also be listed by persons | ||||||
22 | listed in
items (a) through (f) and item (l) of Section 4A-101:
| ||||||
23 | (1) (Blank.) The name and instrument of ownership in | ||||||
24 | any entity doing business in
the State of Illinois, in | ||||||
25 | which an ownership interest held by the person at
the date | ||||||
26 | of filing is in excess of $5,000 fair market value or from |
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| |||||||
1 | which
dividends of in excess of $1,200 were derived during | ||||||
2 | the preceding calendar
year. (In the case of real estate, | ||||||
3 | location thereof shall be listed by
street address, or if | ||||||
4 | none, then by legal description). No time or demand
deposit | ||||||
5 | in a financial institution, nor any debt instrument need be | ||||||
6 | listed;
| ||||||
7 | (2) (Blank.) Except for professional service entities, | ||||||
8 | the name of any entity and
any position held therein from | ||||||
9 | which income of in excess of $1,200 was
derived during the | ||||||
10 | preceding calendar year, if the entity does business in
the | ||||||
11 | State of Illinois. No time or demand deposit in a financial
| ||||||
12 | institution, nor any debt instrument need be listed.
| ||||||
13 | (3) The identity of any compensated lobbyist with whom | ||||||
14 | the person making
the statement maintains a close economic | ||||||
15 | or personal relationship association , including the name | ||||||
16 | of
the lobbyist and specifying the legislative matter or | ||||||
17 | matters which are the
object of the lobbying activity , and | ||||||
18 | describing the general type of
economic activity of the | ||||||
19 | client or principal on whose behalf that person is
| ||||||
20 | lobbying .
| ||||||
21 | (c) The following interests shall also be listed by persons | ||||||
22 | listed in
items (g), (h), and (i) of Section 4A-101:
| ||||||
23 | (1) The name and instrument of ownership in any entity | ||||||
24 | doing business
with a unit of local government in relation | ||||||
25 | to which the person is
required to file if the ownership | ||||||
26 | interest of the person filing is greater
than $5,000 fair |
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| |||||||
1 | market value as of the date of filing or if dividends in
| ||||||
2 | excess of $1,200 were received from the entity during the | ||||||
3 | preceding
calendar year. (In the case of real estate, | ||||||
4 | location thereof shall be
listed by street address, or if | ||||||
5 | none, then by legal description). No time
or demand deposit | ||||||
6 | in a financial institution, nor any debt instrument need
be | ||||||
7 | listed.
| ||||||
8 | (2) (Blank.) Except for professional service entities, | ||||||
9 | the name of any entity and
any position held therein from | ||||||
10 | which income in excess of $1,200 was derived
during the | ||||||
11 | preceding calendar year if the entity does business with a
| ||||||
12 | unit of local government in relation to which the person is | ||||||
13 | required to
file. No time or demand deposit in a financial | ||||||
14 | institution, nor any debt
instrument need be listed.
| ||||||
15 | (3) The name of any entity and the nature of the | ||||||
16 | governmental action
requested by any entity which has | ||||||
17 | applied to a unit of local
government
in relation to which | ||||||
18 | the person must file for any license, franchise or
permit | ||||||
19 | for annexation, zoning or rezoning of real estate during | ||||||
20 | the
preceding calendar year if the ownership interest of | ||||||
21 | the person filing is
in excess of $5,000 fair market value | ||||||
22 | at the time of filing or if income or
dividends in excess | ||||||
23 | of $1,200 were received by the person filing from the
| ||||||
24 | entity during the preceding calendar year.
| ||||||
25 | (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
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| |||||||
1 | (5 ILCS 420/4A-102.5 new) | ||||||
2 | Sec. 4A-102.5. Appointee supplemental statement. Persons | ||||||
3 | filing statements of economic interests as a result of their | ||||||
4 | nomination to a board or commission shall also, at the same | ||||||
5 | time and in the same manner, file a supplement to the statement | ||||||
6 | containing the following information: | ||||||
7 | (1) Any contributions, in excess of $150 in the | ||||||
8 | aggregate, to any political committee organized under the | ||||||
9 | Election Code made since the end of the last preceding | ||||||
10 | semi-annual disclosure period and the date the person files | ||||||
11 | the statement of economic interests, including the amount | ||||||
12 | of the contribution, the date, and the recipient. | ||||||
13 | (2) Any contribution made to a legal defense fund since | ||||||
14 | the filing of the last previous statement of economic | ||||||
15 | interests or, if the person is filing his or her first | ||||||
16 | statement of economic interests, in the 12 months preceding | ||||||
17 | the filing date. | ||||||
18 | (3) The name of any immediate family member who is | ||||||
19 | registered as a lobbyist with any State or federal agency | ||||||
20 | or office.
| ||||||
21 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| ||||||
22 | Sec. 4A-103.
The statement of economic interests required | ||||||
23 | by this Article to be filed
with the Secretary of State shall | ||||||
24 | be filled in by
typewriting or hand printing, shall be | ||||||
25 | verified, dated, and signed by manual or electronic means as |
| |||||||
| |||||||
1 | appropriate by the
person making the statement , and made in a | ||||||
2 | form prescribed by the Secretary of State that shall, in paper | ||||||
3 | and electronic formats, substantially replicate the design of | ||||||
4 | the 2002 Public Financial Disclosure Report forms employed by | ||||||
5 | the United States Congress for purposes of complying with the | ||||||
6 | Ethics in Government Act of 1978. and shall contain | ||||||
7 | substantially the following:
| ||||||
8 | STATEMENT OF ECONOMIC INTEREST
| ||||||
9 | (TYPE OR HAND PRINT)
| ||||||
10 |
| ||||||
11 | (name)
| ||||||
12 |
| ||||||
13 | (each office or position of employment for which this
statement | ||||||
14 | is filed)
| ||||||
15 |
| ||||||
16 | (full mailing address)
| ||||||
17 | GENERAL DIRECTIONS:
| ||||||
18 | The interest (if constructively controlled by the person | ||||||
19 | making the
statement) of a spouse or any other party, shall be | ||||||
20 | considered to be the
same as the interest of the person making | ||||||
21 | the statement.
| ||||||
22 | Campaign receipts shall not be included in this statement.
| ||||||
23 | If additional space is needed, please attach supplemental | ||||||
24 | listing.
| ||||||
25 | 1. List the name and instrument of ownership in any entity | ||||||
26 | doing
business in the State of Illinois, in which the ownership |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | interest held by
the person at the date of filing is in excess | |||||||||||||||||||||
2 | of $5,000 fair market value
or from which dividends in excess | |||||||||||||||||||||
3 | of $1,200 were derived during the
preceding calendar year. (In | |||||||||||||||||||||
4 | the case of real estate, location thereof
shall be listed by | |||||||||||||||||||||
5 | street address, or if none, then by legal description.)
No time | |||||||||||||||||||||
6 | or demand deposit in a financial institution, nor any debt
| |||||||||||||||||||||
7 | instrument need be listed.
| |||||||||||||||||||||
| ||||||||||||||||||||||
13 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
14 | professional
organization in which the person making the | |||||||||||||||||||||
15 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
16 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
17 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
18 | calendar year.
| |||||||||||||||||||||
| ||||||||||||||||||||||
23 | 3. List the nature of professional services rendered (other | |||||||||||||||||||||
24 | than to the
State of Illinois) to each entity from which income | |||||||||||||||||||||
25 | exceeding $5,000 was
received for professional services | |||||||||||||||||||||
26 | rendered during the preceding calendar
year by the person |
| |||||||||||||||||
| |||||||||||||||||
1 | making the statement.
| ||||||||||||||||
2 |
| ||||||||||||||||
3 |
| ||||||||||||||||
4 | 4. List the identity (including the address or legal | ||||||||||||||||
5 | description of real
estate) of any capital asset from which a | ||||||||||||||||
6 | capital gain of $5,000 or more
was realized during the | ||||||||||||||||
7 | preceding calendar year.
| ||||||||||||||||
8 |
| ||||||||||||||||
9 |
| ||||||||||||||||
10 | 5. List the identity of any compensated lobbyist with whom | ||||||||||||||||
11 | the person
making the statement maintains a close economic | ||||||||||||||||
12 | association, including the
name of the lobbyist and specifying | ||||||||||||||||
13 | the legislative matter or matters which
are the object of the | ||||||||||||||||
14 | lobbying activity, and describing the general type of
economic | ||||||||||||||||
15 | activity of the client or principal on whose behalf that person | ||||||||||||||||
16 | is
lobbying.
| ||||||||||||||||
| |||||||||||||||||
20 | 6. List the name of any entity doing business in the State | ||||||||||||||||
21 | of Illinois
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. (In the case of real
estate, location thereof | ||||||||||||||||
25 | shall be listed by street address, or if none,
then by legal | ||||||||||||||||
26 | description). No time or demand deposit in a financial
|
| ||||||||||||||||||
| ||||||||||||||||||
1 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
6 | 7. List the name of any unit of government which employed | |||||||||||||||||
7 | the person
making the statement during the preceding calendar | |||||||||||||||||
8 | year other than the unit
or units
of government in relation to | |||||||||||||||||
9 | which the person is required to file.
| |||||||||||||||||
10 |
| |||||||||||||||||
11 |
| |||||||||||||||||
12 | 8. List the name of any entity from which a gift or gifts, | |||||||||||||||||
13 | or honorarium
or honoraria, valued singly or in the aggregate | |||||||||||||||||
14 | in excess of $500, was
received during the preceding calendar | |||||||||||||||||
15 | year.
| |||||||||||||||||
16 |
| |||||||||||||||||
17 | VERIFICATION:
| |||||||||||||||||
18 | "I declare that this statement of economic interests | |||||||||||||||||
19 | (including any
accompanying schedules and statements) has been | |||||||||||||||||
20 | examined by me and to the
best of my knowledge and belief is a | |||||||||||||||||
21 | true, correct and complete statement
of my economic interests | |||||||||||||||||
22 | as required by the Illinois Governmental Ethics
Act. I | |||||||||||||||||
23 | understand that the penalty for willfully filing a false or
| |||||||||||||||||
24 | incomplete statement shall be a fine not to exceed $1,000 or | |||||||||||||||||
25 | imprisonment
in a penal institution other than the penitentiary | |||||||||||||||||
26 | not to exceed one year,
or both fine and imprisonment."
|
| |||||||
| |||||||
1 | ................ ..........................................
| ||||||
2 | (date of filing) (signature of person making the statement)
| ||||||
3 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
4 | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| ||||||
5 | Sec. 4A-104.
The statement of economic interests required | ||||||
6 | by this Article to be filed
with the county clerk shall be | ||||||
7 | filled in by typewriting
or hand printing, shall be verified, | ||||||
8 | dated, and signed by manual or electronic means as appropriate | ||||||
9 | by the person
making the statement , and made on a form | ||||||
10 | prescribed by the Secretary of State that shall substantially | ||||||
11 | replicate the design of the 2002 Public Financial Disclosure | ||||||
12 | Report forms employed by the United States Congress for | ||||||
13 | purposes of complying with the Ethics in Government Act of | ||||||
14 | 1978. shall contain substantially the following:
| ||||||
15 | STATEMENT OF ECONOMIC INTERESTS
| ||||||
16 | (TYPE OR HAND PRINT)
| ||||||
17 |
| ||||||
18 | (Name)
| ||||||
19 |
| ||||||
20 | (each office or position of employment for which this
statement | ||||||
21 | is filed)
| ||||||
22 | (full mailing address)
| ||||||
23 | GENERAL DIRECTIONS:
| ||||||
24 | The interest (if constructively controlled by the person | ||||||
25 | making the
statement) of a spouse or any other party, shall be |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | considered to be the
same as the interest of the person making | ||||||||||||||||||||||||||
2 | the statement.
| ||||||||||||||||||||||||||
3 | Campaign receipts shall not be included in this statement.
| ||||||||||||||||||||||||||
4 | If additional space is needed, please attach supplemental | ||||||||||||||||||||||||||
5 | listing.
| ||||||||||||||||||||||||||
6 | 1. List the name and instrument of ownership in any entity | ||||||||||||||||||||||||||
7 | doing
business with a unit of local government in relation to | ||||||||||||||||||||||||||
8 | which the
person
is required to file, in which the ownership | ||||||||||||||||||||||||||
9 | interest held by the person at
the date of filing is in excess | ||||||||||||||||||||||||||
10 | of $5,000 fair market value or from which
dividends in excess | ||||||||||||||||||||||||||
11 | of $1,200 were received during the preceding calendar
year. (In | ||||||||||||||||||||||||||
12 | the case of real estate, location thereof shall be listed by
| ||||||||||||||||||||||||||
13 | street address, or if none, then by legal description.) No time | ||||||||||||||||||||||||||
14 | or demand
deposit in a financial institution, nor any debt | ||||||||||||||||||||||||||
15 | instrument shall be
listed.
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
21 | 2. List the name, address and type of practice of any | ||||||||||||||||||||||||||
22 | professional
organization in which the person making the | ||||||||||||||||||||||||||
23 | statement was an officer,
director, associate, partner or | ||||||||||||||||||||||||||
24 | proprietor, or served in any advisory
capacity, from which | ||||||||||||||||||||||||||
25 | income in excess of $1,200 was derived during the
preceding | ||||||||||||||||||||||||||
26 | calendar year.
| ||||||||||||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
5 | 3. List the nature of professional services rendered (other | |||||||||||||||||||||
6 | than to the
unit or units of local government in relation to | |||||||||||||||||||||
7 | which the person is
required to
file) to each entity from which | |||||||||||||||||||||
8 | income exceeding $5,000 was received for
professional services | |||||||||||||||||||||
9 | rendered during the preceding calendar year by the
person | |||||||||||||||||||||
10 | making the statement.
| |||||||||||||||||||||
11 |
| |||||||||||||||||||||
12 |
| |||||||||||||||||||||
13 | 4. List the identity (including the address or legal | |||||||||||||||||||||
14 | description of real
estate) of any capital asset from which a | |||||||||||||||||||||
15 | capital gain of $5,000 or more
was realized during the | |||||||||||||||||||||
16 | preceding calendar year.
| |||||||||||||||||||||
17 |
| |||||||||||||||||||||
18 |
| |||||||||||||||||||||
19 |
| |||||||||||||||||||||
20 | 5. List the name of any entity and the nature of the | |||||||||||||||||||||
21 | governmental action
requested by any entity which has applied | |||||||||||||||||||||
22 | to a unit of local
government
in relation to which the person | |||||||||||||||||||||
23 | must file for any license, franchise or
permit for annexation, | |||||||||||||||||||||
24 | zoning or rezoning of real estate during the
preceding calendar | |||||||||||||||||||||
25 | year if the ownership interest of the person filing is
in | |||||||||||||||||||||
26 | excess of $5,000 fair market value at the time of filing or if |
| |||||||
| |||||||
1 | income or
dividends in excess of $1200 were received by the | ||||||
2 | person filing from the
entity during the preceding calendar | ||||||
3 | year.
| ||||||
4 |
| ||||||
5 |
| ||||||
6 |
| ||||||
7 | 6. List the name of any entity doing business with a unit | ||||||
8 | of
local
government in relation to which the person is required | ||||||
9 | to file from which
income in excess of $1,200 was derived | ||||||
10 | during the preceding calendar year
other than for professional | ||||||
11 | services and the title or description of any
position held in | ||||||
12 | that entity. No time or demand deposit in a financial
| ||||||
13 | institution nor any debt instrument need be listed.
| ||||||
14 |
| ||||||
15 |
| ||||||
16 | 7. List the name of any unit of government which employed | ||||||
17 | the person
making the statement during the preceding calendar | ||||||
18 | year other than the unit
or units of government in relation to | ||||||
19 | which the person is required to file.
| ||||||
20 |
| ||||||
21 |
| ||||||
22 | 8. List the name of any entity from which a gift or gifts, | ||||||
23 | or honorarium
or honoraria, valued singly or in the aggregate | ||||||
24 | in excess of $500, was
received during the preceding calendar | ||||||
25 | year.
| ||||||
26 |
|
| |||||||
| |||||||
1 | VERIFICATION:
| ||||||
2 | "I declare that this statement of economic interests | ||||||
3 | (including any
accompanying schedules and statements) has been | ||||||
4 | examined by me and to the
best of my knowledge and belief is a | ||||||
5 | true, correct and complete statement
of my economic interests | ||||||
6 | as required by the Illinois Governmental Ethics
Act. I | ||||||
7 | understand that the penalty for willfully filing a false or
| ||||||
8 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
9 | imprisonment
in a penal institution other than the penitentiary | ||||||
10 | not to exceed one year,
or both fine and imprisonment."
| ||||||
11 | ................ ..........................................
| ||||||
12 | (date of filing) (signature of person making the statement)
| ||||||
13 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
14 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| ||||||
15 | Sec. 4A-105. Time for filing. Except as provided in | ||||||
16 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||
17 | filed by each person
whose position at that time subjects him | ||||||
18 | to the filing requirements of Section
4A-101 unless he has | ||||||
19 | already filed a statement in relation to the same unit of
| ||||||
20 | government in that calendar year.
| ||||||
21 | Statements must also be filed as follows:
| ||||||
22 | (a) A candidate for elective office shall file his | ||||||
23 | statement not later
than the end of the period during which | ||||||
24 | he can take the action necessary
under the laws of this | ||||||
25 | State to attempt to qualify for nomination, election, or
|
| |||||||
| |||||||
1 | retention to such office if he has not already filed a | ||||||
2 | statement in relation to the
same unit of government during | ||||||
3 | that same calendar year within a year preceding such | ||||||
4 | action .
| ||||||
5 | (b) A person whose appointment to office is subject to | ||||||
6 | confirmation by
the Senate shall file his statement at the | ||||||
7 | time his name is submitted to
the Senate for confirmation.
| ||||||
8 | (b-5) A special government agent, as defined in
item | ||||||
9 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||
10 | within 30 days
after
making the first ex parte | ||||||
11 | communication and each May 1 thereafter if he or she
has | ||||||
12 | made an ex parte communication within the previous 12 | ||||||
13 | months.
| ||||||
14 | (c) Any other person required by this Article to file | ||||||
15 | the statement
shall file a statement at the time of his or | ||||||
16 | her initial appointment or
employment in relation to that | ||||||
17 | unit of government if appointed or employed by
May 1.
| ||||||
18 | If any person who is required to file a statement of | ||||||
19 | economic interests
fails to file such statement by May 1 of any | ||||||
20 | year, the officer with whom
such statement is to be filed under | ||||||
21 | Section 4A-106 of this Act shall,
within 7 days after May 1, | ||||||
22 | notify such person by certified mail of his or
her failure to | ||||||
23 | file by the specified date. Except as may be prescribed by
rule | ||||||
24 | of the Secretary of State, such person shall file his or
her | ||||||
25 | statement of economic interests on or before May 15 with the
| ||||||
26 | appropriate officer, together with a $15 late filing fee. Any |
| |||||||
| |||||||
1 | such person
who fails to file by May 15 shall be subject to a | ||||||
2 | penalty of $100 for each
day from May 16 to the date of filing, | ||||||
3 | which shall be in addition to the $15
late filing fee specified | ||||||
4 | above. Failure to file by May 31 shall result in a
forfeiture | ||||||
5 | in accordance with Section 4A-107 of this Act.
| ||||||
6 | Any person who takes office or otherwise becomes required | ||||||
7 | to file a
statement of economic interests within 30 days prior | ||||||
8 | to May 1 of any year
may file his or her statement at any time | ||||||
9 | on or before May 31 without
penalty. If such person fails to | ||||||
10 | file such statement by May 31, the
officer with whom such | ||||||
11 | statement is to be filed under Section 4A-106 of
this Act | ||||||
12 | shall, within 7 days after May 31, notify such person by | ||||||
13 | certified
mail of his or her failure to file by the specified | ||||||
14 | date. Such person
shall file his or her statement of economic | ||||||
15 | interests on or before June 15 with
the appropriate officer, | ||||||
16 | together with a $15 late filing fee. Any such
person who fails | ||||||
17 | to file by June 15 shall be subject to a penalty of $100
per day | ||||||
18 | for each day from June 16 to the date of filing, which shall be | ||||||
19 | in
addition to the $15 late filing fee specified above. Failure | ||||||
20 | to file by June
30 shall result in a forfeiture in accordance | ||||||
21 | with Section 4A-107 of this Act.
| ||||||
22 | All late filing fees and penalties collected pursuant to | ||||||
23 | this Section
shall be paid into the General Revenue Fund in the | ||||||
24 | State treasury, if the
Secretary of State receives such | ||||||
25 | statement for filing, or into the general
fund in the county | ||||||
26 | treasury, if the county clerk receives such statement
for |
| |||||||
| |||||||
1 | filing. The Attorney General, with respect to the State, and | ||||||
2 | the
several State's Attorneys, with respect to counties, shall | ||||||
3 | take appropriate
action to collect the prescribed penalties.
| ||||||
4 | Failure to file a statement of economic interests within | ||||||
5 | the time
prescribed shall not result in a fine or ineligibility | ||||||
6 | for, or forfeiture of,
office or position of employment, as the | ||||||
7 | case may be; provided that the failure
to file results from not | ||||||
8 | being included for notification by the appropriate
agency, | ||||||
9 | clerk, secretary, officer or unit of government, as the case | ||||||
10 | may be,
and that a statement is filed within 30 days of actual | ||||||
11 | notice of the failure to
file.
| ||||||
12 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| ||||||
14 | Sec. 4A-106. Notification; electronic filing. | ||||||
15 | (a) The statements of economic interests required of | ||||||
16 | persons
listed in items (a) through (f), item (j), and item (l) | ||||||
17 | of
Section 4A-101 shall be
filed with the Secretary of State. | ||||||
18 | The Secretary of State shall by rule provide for the electronic | ||||||
19 | filing of statements as follows: | ||||||
20 | Beginning January 1, 2010, or as soon thereafter as the | ||||||
21 | Secretary of State has provided adequate software to persons | ||||||
22 | required to file under this Article, all Statements filed under | ||||||
23 | this Article shall be filed in electronic format. The Secretary | ||||||
24 | shall promptly upon verification make all statements filed | ||||||
25 | under this Article publicly available by means of a searchable |
| |||||||
| |||||||
1 | database that is accessible through the World Wide Web. | ||||||
2 | "Searchable" means, for the purpose of this Section, that any | ||||||
3 | person may query each question for any proper names and | ||||||
4 | addresses. The Secretary of State shall provide all software | ||||||
5 | necessary to comply with this Section and shall implement a | ||||||
6 | plan to provide computer access and assistance to persons | ||||||
7 | required to file by this Article. | ||||||
8 | (b) The statements of economic interests
required of | ||||||
9 | persons listed in items (g), (h), (i), and (k) of
Section
| ||||||
10 | 4A-101 shall be filed with the county clerk of the county in | ||||||
11 | which the
principal office of the unit of local government with | ||||||
12 | which the person is
associated is located. If it is not | ||||||
13 | apparent which county the principal office
of a unit of local | ||||||
14 | government is located, the chief administrative officer, or
his | ||||||
15 | or her designee, has the authority, for purposes of this Act, | ||||||
16 | to determine
the county in which the principal office is | ||||||
17 | located. | ||||||
18 | (c) On or before February 1
annually, (1) the chief | ||||||
19 | administrative officer of any State agency in the
executive, | ||||||
20 | legislative, or judicial branch employing persons required to | ||||||
21 | file
under item (f) or item (l) of Section
4A-101 shall certify | ||||||
22 | to the Secretary of State the names and mailing addresses
of | ||||||
23 | those persons . The State Board of Elections shall, within 14 | ||||||
24 | days after the proclamation of the results of a general primary | ||||||
25 | pursuant to Section 7-58 of the Election Code, provide the | ||||||
26 | Secretary of State with a true alphabetical listing of the |
| |||||||
| |||||||
1 | names and related information, including their addresses and | ||||||
2 | the office they are seeking, of candidates who were nominated | ||||||
3 | in a general primary election. , and (2) | ||||||
4 | (d) On or before February 1 annually, the chief | ||||||
5 | administrative officer, or his or her
designee, of each unit of | ||||||
6 | local government with persons described in items (h),
(i) and | ||||||
7 | (k) of Section 4A-101 shall certify to the appropriate county | ||||||
8 | clerk a
list of names and addresses of persons described in | ||||||
9 | items (h), (i)
and (k) of
Section 4A-101 that are required to | ||||||
10 | file. In preparing the lists, each chief
administrative | ||||||
11 | officer, or his or her designee, shall set out the names in
| ||||||
12 | alphabetical order.
Any local election authority shall within | ||||||
13 | 14 days after proclamation of the results of a primary | ||||||
14 | election, provide the county clerk with a true alphabetical | ||||||
15 | listing of the names and related information, including their | ||||||
16 | addresses and the office they are seeking, of candidates who | ||||||
17 | nominated in a general primary election. Any county clerk who | ||||||
18 | makes available in his or her principal offices terminals by | ||||||
19 | means of which the general public may access statements of | ||||||
20 | economic interest filed with the Secretary of State's office | ||||||
21 | and posted to the Secretary of State's website may waive the | ||||||
22 | requirement that a person file a paper form with that county | ||||||
23 | clerk with respect to persons whose forms have been | ||||||
24 | electronically filed with the Secretary of State's office.
| ||||||
25 | (e) On or before April 1 annually, the Secretary of State | ||||||
26 | shall notify (1)
all persons whose names have been certified to |
| |||||||
| |||||||
1 | him under items (f)
and (l) of
Section 4A-101, and (2) all | ||||||
2 | persons described in items (a) through (e) and
item (j) of | ||||||
3 | Section 4A-101 , together, in even-numbered years, with the | ||||||
4 | names of candidates nominated at the most recent general | ||||||
5 | primary , other than candidates for office who have filed
their | ||||||
6 | statements with their nominating petitions , of the | ||||||
7 | requirements for
filing statements of economic interests.
A | ||||||
8 | person required to file with the Secretary of State by virtue | ||||||
9 | of more than
one item among items (a) through (f) and items (j) | ||||||
10 | and (l)
shall be notified of and is
required
to file only one | ||||||
11 | statement of economic interests relating to all items under
| ||||||
12 | which the person is required to file with the Secretary of | ||||||
13 | State.
| ||||||
14 | (f) On or before April 1 annually, the county clerk of each | ||||||
15 | county shall
notify all persons whose names have been certified | ||||||
16 | to him under items (g),
(h), (i), and (k) of Section 4A-101 , | ||||||
17 | other than candidates
for office who have filed their | ||||||
18 | statements with their nominating petitions , of
the | ||||||
19 | requirements for filing statements of economic interests.
A | ||||||
20 | person required to file with a county clerk by virtue of more | ||||||
21 | than one item
among items (g), (h), (i), and (k) shall be | ||||||
22 | notified of and is
required to
file only one statement of | ||||||
23 | economic interests relating to all items under which
the person | ||||||
24 | is required to file with that county clerk.
| ||||||
25 | (g) Except as provided in Section 4A-106.1, the notices | ||||||
26 | provided for in this
Section shall be in writing and deposited |
| |||||||
| |||||||
1 | in
the U.S. Mail, properly addressed, first class postage | ||||||
2 | prepaid, on or before
the day required by this Section for the | ||||||
3 | sending of the notice. A certificate
executed by the Secretary | ||||||
4 | of State or county clerk attesting that he has mailed
the | ||||||
5 | notice constitutes prima facie evidence thereof.
| ||||||
6 | (h) From the lists certified to him under this Section of | ||||||
7 | persons described in
items (g), (h), (i), and (k) of Section | ||||||
8 | 4A-101, the clerk
of each county shall
compile an alphabetical | ||||||
9 | listing of persons required to file statements of
economic | ||||||
10 | interests in his office under any of those items. As the
| ||||||
11 | statements are filed in his office, the county clerk shall | ||||||
12 | cause the fact
of that filing to be indicated on the | ||||||
13 | alphabetical listing of persons who
are required to file | ||||||
14 | statements. Within 30 days after the due dates, the county
| ||||||
15 | clerk shall mail to the State Board of Elections a true copy of | ||||||
16 | that listing
showing those who have filed statements.
| ||||||
17 | (i) The county clerk of each county shall note upon the | ||||||
18 | alphabetical listing
the names of all persons required to file | ||||||
19 | a statement of economic interests
who failed to file a | ||||||
20 | statement on or before May 1. It shall be the duty of
the | ||||||
21 | several county clerks to give notice as provided in Section | ||||||
22 | 4A-105 to
any person who has failed to file his or her | ||||||
23 | statement with the clerk on or
before May 1.
| ||||||
24 | (j) Any person who files or has filed a statement of | ||||||
25 | economic interest
under this Act is entitled to receive from | ||||||
26 | the Secretary of State or county
clerk, as the case may be, a |
| |||||||
| |||||||
1 | receipt indicating that the person has filed
such a statement, | ||||||
2 | the date of such filing, and the identity of the
governmental | ||||||
3 | unit or units in relation to which the filing is required.
A | ||||||
4 | county clerk shall issue such receipt either on proof that the | ||||||
5 | person has filed with the Secretary of State in electronic | ||||||
6 | format or upon receipt of a paper form.
| ||||||
7 | (k) The Secretary of State may employ such employees and | ||||||
8 | consultants
as he considers necessary to carry out his duties | ||||||
9 | hereunder, and may
prescribe their duties, fix their | ||||||
10 | compensation, and provide for
reimbursement of their expenses.
| ||||||
11 | (l) The Secretary of State shall provide training, through | ||||||
12 | the Secretary of State's website, for ethics officers appointed | ||||||
13 | under the State Officers and Employees Ethics Act and through | ||||||
14 | the Secretary of State's website, for persons required to file | ||||||
15 | statements of economic interests. | ||||||
16 | (m) All statements of economic interests filed under this | ||||||
17 | Section shall be
available for examination and copying by the | ||||||
18 | public at all reasonable times.
Not later than 12 months after | ||||||
19 | the effective date of this amendatory Act of
the 93rd General | ||||||
20 | Assembly, beginning with statements filed in calendar year
| ||||||
21 | 2004, the Secretary of State shall make statements of economic | ||||||
22 | interests filed
with the Secretary available for inspection and | ||||||
23 | copying via the Secretary's
website.
| ||||||
24 | (Source: P.A. 93-617, eff. 12-9-03; 94-603, eff. 8-16-05.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|