97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3646

 

Introduced 2/10/2012, by Sen. Darin M. LaHood

 

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
5 ILCS 420/4A-104  from Ch. 127, par. 604A-104

    Amends the Illinois Governmental Ethics Act. Requires all persons who must file a statement of economic interests to disclose the name of any immediate family member who is a registered lobbyist. Defines "immediate family member" as a spouse, parent, child, stepchild, adopted child, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparent, or grandchild.


LRB097 17376 JDS 62578 b

 

 

A BILL FOR

 

SB3646LRB097 17376 JDS 62578 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, 4A-103, and 4A-104 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;

 

 

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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            (6) The name of any immediate family member who is
23        a registered lobbyist. For the purposes of this
24        paragraph (6), "immediate family member" means a
25        spouse, parent, child, stepchild, adopted child,
26        son-in-law, daughter-in-law, father-in-law,

 

 

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1        mother-in-law, brother, sister, brother-in-law,
2        sister-in-law, grandparent, or grandchild.
3        (b) The following interests shall also be listed by
4    persons listed in items (a) through (f), item (l), and item
5    (n) of Section 4A-101:
6            (1) The name and instrument of ownership in any
7        entity doing business in the State of Illinois, in
8        which an ownership interest held by the person at the
9        date of filing is in excess of $5,000 fair market value
10        or from which dividends of in excess of $1,200 were
11        derived during the preceding calendar year. (In the
12        case of real estate, location thereof shall be listed
13        by street address, or if none, then by legal
14        description). No time or demand deposit in a financial
15        institution, nor any debt instrument need be listed;
16            (2) Except for professional service entities, the
17        name of any entity and any position held therein from
18        which income of in excess of $1,200 was derived during
19        the preceding calendar year, if the entity does
20        business in the State of Illinois. No time or demand
21        deposit in a financial institution, nor any debt
22        instrument need be listed.
23            (3) The identity of any compensated lobbyist with
24        whom the person making the statement maintains a close
25        economic association, including the name of the
26        lobbyist and specifying the legislative matter or

 

 

SB3646- 4 -LRB097 17376 JDS 62578 b

1        matters which are the object of the lobbying activity,
2        and describing the general type of economic activity of
3        the client or principal on whose behalf that person is
4        lobbying.
5        (c) The following interests shall also be listed by
6    persons listed in items (g), (h), (i), and (o) of Section
7    4A-101:
8            (1) The name and instrument of ownership in any
9        entity doing business with a unit of local government
10        in relation to which the person is required to file if
11        the ownership interest of the person filing is greater
12        than $5,000 fair market value as of the date of filing
13        or if dividends in excess of $1,200 were received from
14        the entity during the preceding calendar year. (In the
15        case of real estate, location thereof shall be listed
16        by street address, or if none, then by legal
17        description). No time or demand deposit in a financial
18        institution, nor any debt instrument need be listed.
19            (2) Except for professional service entities, the
20        name of any entity and any position held therein from
21        which income in excess of $1,200 was derived during the
22        preceding calendar year if the entity does business
23        with a unit of local government in relation to which
24        the person is required to file. No time or demand
25        deposit in a financial institution, nor any debt
26        instrument need be listed.

 

 

SB3646- 5 -LRB097 17376 JDS 62578 b

1            (3) The name of any entity and the nature of the
2        governmental action requested by any entity which has
3        applied to a unit of local government in relation to
4        which the person must file for any license, franchise
5        or permit for annexation, zoning or rezoning of real
6        estate during the preceding calendar year if the
7        ownership interest of the person filing is in excess of
8        $5,000 fair market value at the time of filing or if
9        income or dividends in excess of $1,200 were received
10        by the person filing from the entity during the
11        preceding calendar year.
12    For the purposes of this Section, the unit of local
13government in relation to which a person required to file under
14item (o) of Section 4A-101 shall be the unit of local
15government that contributes to the pension fund of which such
16person is a member of the board.
17(Source: P.A. 96-6, eff. 4-3-09.)
 
18    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
19    Sec. 4A-103. The statement of economic interests required
20by this Article to be filed with the Secretary of State shall
21be filled in by typewriting or hand printing, shall be
22verified, dated, and signed by the person making the statement
23and shall contain substantially the following:
24
STATEMENT OF ECONOMIC INTEREST
25
(TYPE OR HAND PRINT)

 

 

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1.............................................................
2(name)
3.............................................................
4(each office or position of employment for which this statement
5is filed)
6.............................................................
7(full mailing address)
8GENERAL DIRECTIONS:
9    The interest (if constructively controlled by the person
10making the statement) of a spouse or any other party, shall be
11considered to be the same as the interest of the person making
12the statement.
13    Campaign receipts shall not be included in this statement.
14    If additional space is needed, please attach supplemental
15listing.
16    1. List the name and instrument of ownership in any entity
17doing business in the State of Illinois, in which the ownership
18interest held by the person at the date of filing is in excess
19of $5,000 fair market value or from which dividends in excess
20of $1,200 were derived during the preceding calendar year. (In
21the case of real estate, location thereof shall be listed by
22street address, or if none, then by legal description.) No time
23or demand deposit in a financial institution, nor any debt
24instrument need be listed.
25Business EntityInstrument of Ownership
26..............................................................

 

 

SB3646- 7 -LRB097 17376 JDS 62578 b

1..............................................................
2..............................................................
3..............................................................
4    2. List the name, address and type of practice of any
5professional organization in which the person making the
6statement was an officer, director, associate, partner or
7proprietor or served in any advisory capacity, from which
8income in excess of $1,200 was derived during the preceding
9calendar year.
10NameAddressType of Practice
11.............................................................
12.............................................................
13.............................................................
14    3. List the nature of professional services rendered (other
15than to the State of Illinois) to each entity from which income
16exceeding $5,000 was received for professional services
17rendered during the preceding calendar year by the person
18making the statement.
19.............................................................
20.............................................................
21    4. List the identity (including the address or legal
22description of real estate) of any capital asset from which a
23capital gain of $5,000 or more was realized during the
24preceding calendar year.
25.............................................................
26.............................................................

 

 

SB3646- 8 -LRB097 17376 JDS 62578 b

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

 

 

SB3646- 9 -LRB097 17376 JDS 62578 b

1.............................................................
2.............................................................
3    8. List the name of any entity from which a gift or gifts,
4or honorarium or honoraria, valued singly or in the aggregate
5in excess of $500, was received during the preceding calendar
6year.
7.............................................................
8    9. List the name of any immediate family member who is a
9registered lobbyist.
10............................................................. 
11VERIFICATION:
12    "I declare that this statement of economic interests
13(including any accompanying schedules and statements) has been
14examined by me and to the best of my knowledge and belief is a
15true, correct and complete statement of my economic interests
16as required by the Illinois Governmental Ethics Act. I
17understand that the penalty for willfully filing a false or
18incomplete statement shall be a fine not to exceed $1,000 or
19imprisonment in a penal institution other than the penitentiary
20not to exceed one year, or both fine and imprisonment."
21................  ..........................................
22(date of filing)   (signature of person making the statement)
23(Source: P.A. 95-173, eff. 1-1-08.)
 
24    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
25    Sec. 4A-104. The statement of economic interests required

 

 

SB3646- 10 -LRB097 17376 JDS 62578 b

1by this Article to be filed with the county clerk shall be
2filled in by typewriting or hand printing, shall be verified,
3dated, and signed by the person making the statement and shall
4contain substantially the following:
5
STATEMENT OF ECONOMIC INTERESTS
6
(TYPE OR HAND PRINT)
7.............................................................
8(Name)
9.............................................................
10(each office or position of employment for which this statement
11is filed) ...................................................
12(full mailing address)
13GENERAL DIRECTIONS:
14    The interest (if constructively controlled by the person
15making the statement) of a spouse or any other party, shall be
16considered to be the same as the interest of the person making
17the statement.
18    Campaign receipts shall not be included in this statement.
19    If additional space is needed, please attach supplemental
20listing.
21    1. List the name and instrument of ownership in any entity
22doing business with a unit of local government in relation to
23which the person is required to file, in which the ownership
24interest held by the person at the date of filing is in excess
25of $5,000 fair market value or from which dividends in excess
26of $1,200 were received during the preceding calendar year. (In

 

 

SB3646- 11 -LRB097 17376 JDS 62578 b

1the case of real estate, location thereof shall be listed by
2street address, or if none, then by legal description.) No time
3or demand deposit in a financial institution, nor any debt
4instrument shall be listed.
5BusinessInstrument ofPosition of
6EntityOwnershipManagement
7.............................................................
8.............................................................
9.............................................................
10    2. List the name, address and type of practice of any
11professional organization in which the person making the
12statement was an officer, director, associate, partner or
13proprietor, or served in any advisory capacity, from which
14income in excess of $1,200 was derived during the preceding
15calendar year.
16NameAddressType of Practice
17.............................................................
18.............................................................
19.............................................................
20    3. List the nature of professional services rendered (other
21than to the unit or units of local government in relation to
22which the person is required to file) to each entity from which
23income exceeding $5,000 was received for professional services
24rendered during the preceding calendar year by the person
25making the statement.
26.............................................................

 

 

SB3646- 12 -LRB097 17376 JDS 62578 b

1.............................................................
2    4. List the identity (including the address or legal
3description of real estate) of any capital asset from which a
4capital gain of $5,000 or more was realized during the
5preceding calendar year.
6.............................................................
7.............................................................
8.............................................................
9    5. List the name of any entity and the nature of the
10governmental action requested by any entity which has applied
11to a unit of local government in relation to which the person
12must file for any license, franchise or permit for annexation,
13zoning or rezoning of real estate during the preceding calendar
14year if the ownership interest of the person filing is in
15excess of $5,000 fair market value at the time of filing or if
16income or dividends in excess of $1200 were received by the
17person filing from the entity during the preceding calendar
18year.
19.............................................................
20.............................................................
21.............................................................
22    6. List the name of any entity doing business with a unit
23of local government in relation to which the person is required
24to file from which income in excess of $1,200 was derived
25during the preceding calendar year other than for professional
26services and the title or description of any position held in

 

 

SB3646- 13 -LRB097 17376 JDS 62578 b

1that entity. No time or demand deposit in a financial
2institution nor any debt instrument need be listed.
3.............................................................
4.............................................................
5    7. List the name of any unit of government which employed
6the person making the statement during the preceding calendar
7year other than the unit or units of government in relation to
8which the person is required to file.
9.............................................................
10.............................................................
11    8. List the name of any entity from which a gift or gifts,
12or honorarium or honoraria, valued singly or in the aggregate
13in excess of $500, was received during the preceding calendar
14year.
15.............................................................
16    9. List the name of any immediate family member who is a
17registered lobbyist.
18............................................................. 
19VERIFICATION:
20    "I declare that this statement of economic interests
21(including any accompanying schedules and statements) has been
22examined by me and to the best of my knowledge and belief is a
23true, correct and complete statement of my economic interests
24as required by the Illinois Governmental Ethics Act. I
25understand that the penalty for willfully filing a false or
26incomplete statement shall be a fine not to exceed $1,000 or

 

 

SB3646- 14 -LRB097 17376 JDS 62578 b

1imprisonment in a penal institution other than the penitentiary
2not to exceed one year, or both fine and imprisonment."
3................  ..........................................
4(date of filing)   (signature of person making the statement)
5(Source: P.A. 95-173, eff. 1-1-08.)