093_SB1873sam001

 










                                     LRB093 10953 RCE 14502 a

 1                    AMENDMENT TO SENATE BILL 1873

 2        AMENDMENT NO.     .  Amend Senate Bill 1873 on page 1, by
 3    replacing lines 4 through 6 with the following:

 4        "Section 5.  The  Illinois  Governmental  Ethics  Act  is
 5    amended  by  changing Sections 1-112, 4A-102, 4A-103, 4A-104,
 6    and 4A-106 and by adding Sections  1-105.5  and  4A-102.5  as
 7    follows:

 8        (5 ILCS 420/1-105.5 new)
 9        Sec.   1-105.5.  A   "familial   relationship"   means  a
10    relationship between a person required to file and  a  family
11    member. For the purposes of this Section, family member shall
12    include:  father,  mother,  son,  daughter,  brother, sister,
13    uncle, aunt, first  cousin,  nephew,  niece,  husband,  wife,
14    grandson,    granddaughter,   father-in-law,   mother-in-law,
15    son-in-law, daughter-in-law,  brother-in-law,  sister-in-law,
16    stepfather,  stepmother,  stepson, stepdaughter, stepbrother,
17    stepsister, half brother, and half sister.

18        (5 ILCS 420/1-112) (from Ch. 127, par. 601-112)
19        Sec. 1-112. "Person with whom the person required to file
20    a statement of economic interest legislator maintains a close
21    economic relationship association" means a person  associated
 
                            -2-      LRB093 10953 RCE 14502 a
 1    with  the  person  required  to  file a statement of economic
 2    interest  legislator  in  a   partnership,   association   or
 3    professional   service   corporation,   whether  as  partner,
 4    officer, employee, associate, or otherwise.
 5    (Source: Laws 1967, p. 3401.)

 6        (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
 7        Sec.  4A-102.   The  statement  of   economic   interests
 8    required by this Article shall include the economic interests
 9    of  the  person  making  the  statement  as  provided in this
10    Section.  The interest (if constructively controlled  by  the
11    person  making  the  statement)  of  a  spouse,  other than a
12    legally separated spouse, or of a dependant, if the dependant
13    is under  21  years  of  age  and  resides  in  the  person's
14    household,  or any other party, shall be considered to be the
15    same as the interest of  the  person  making  the  statement.
16    Campaign receipts shall not be included in this statement.
17        (a)  The  following  interests  shall  be  listed  by all
18    persons required to file:
19             (1)  The name, address and type of practice  of  any
20        professional    entity    organization    or   individual
21        professional practice in  which  the  person  making  the
22        statement was 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  individual  clients  of  the  professional
27        entity  or  individual  professional  practice  nature of
28        professional services (other than  services  rendered  to
29        the  unit or units of government in relation to which the
30        person is required to file) and the nature of the  entity
31        to  which  they  were  rendered  if income fees exceeding
32        $5,000 was were received during  the  preceding  calendar
33        year  from  the entity for professional services rendered
 
                            -3-      LRB093 10953 RCE 14502 a
 1        by the person making the statement. If the disclosure  of
 2        professional   services   rendered   is  protected  by  a
 3        privilege of confidentiality, then the person required to
 4        file  shall  seek  the  consent  of  the  client   before
 5        reporting  his  or  her  identity  on the statement. If a
 6        client does not provide consent for the reporting of  his
 7        or  her  identity  on  the  statement,  then  the  person
 8        required  to  file shall not report the client's identity
 9        on the statement of economic interest.
10             (3)  The identity (including the  address  or  legal
11        description  of  real  estate)  of any capital asset from
12        which a capital gain of $5,000 or more  was  realized  in
13        the preceding calendar year.
14             (4)  The  name  of  each unit of government that has
15        employed the person in the preceding calendar year.
16             (5)  The name of each unit of  government  in  which
17        the   person   making  the  statement  held  elective  or
18        non-salaried appointed office in the  preceding  calendar
19        year.  The  name  of  any  unit  of  government which has
20        employed the  person  making  the  statement  during  the
21        preceding  calendar  year other than the unit or units of
22        government in relation to which the person is required to
23        file.
24             (6) (5)  The name of any entity from which a gift or
25        gifts, or honorarium or honoraria, valued  singly  or  in
26        the  aggregate in excess of $500, was received during the
27        preceding calendar year.
28        (b)  The following interests  shall  also  be  listed  by
29    persons listed in items (a) through (f) of Section 4A-101:
30             (1)  The  name  and  instrument  of ownership in any
31        entity doing business in the State of Illinois, in  which
32        an  ownership  interest held by the person at the date of
33        filing is in excess of $5,000 fair market value  or  from
34        which  dividends  of  in  excess  of  $1,200 were derived
 
                            -4-      LRB093 10953 RCE 14502 a
 1        during the preceding calendar year. (In the case of  real
 2        estate,  location  thereof  shall  be  listed  by  street
 3        address,  or  if  none,  then by legal description). This
 4        item does not include mutual funds, debt instruments,  or
 5        deposits  in  a  personal  checking  or  savings account,
 6        including certificates of deposit and any other  form  of
 7        deposit  in  a bank, savings and loan association, credit
 8        union, or  similar  financial  institution.  No  time  or
 9        demand  deposit  in a financial institution, nor any debt
10        instrument need be listed;
11             (2)  The identity of the entity  and  all  positions
12        held  as  employee  or  consultant  of  any  corporation,
13        company, firm, partnership, other business enterprise, or
14        non-profit entity if the person received income in excess
15        of  $1,200  during the preceding calendar year. This item
16        does  not  include  professional  service   entities   or
17        positions  held  therein. Except for professional service
18        entities, the name of any entity and  any  position  held
19        therein  from  which  income  of  in excess of $1,200 was
20        derived during the preceding calendar year, if the entity
21        does business in the State of Illinois. No time or demand
22        deposit  in  a  financial  institution,  nor   any   debt
23        instrument need be listed.
24             (3)  The  identity  of any compensated lobbyist with
25        whom the person making the statement  maintains  a  close
26        economic  or familial relationship association, including
27        the name of the lobbyist and specifying  the  legislative
28        matter  or  matters  which are the object of the lobbying
29        activity, and the name describing  the  general  type  of
30        economic  activity  of  the  client or principal on whose
31        behalf that person is lobbying.
32        (c)  The following interests  shall  also  be  listed  by
33    persons  listed  in  items  (g), (h), (i), and (l) of Section
34    4A-101:
 
                            -5-      LRB093 10953 RCE 14502 a
 1             (1)  The name and instrument  of  ownership  in  any
 2        entity  doing business with a unit of local government in
 3        relation to which the person is required to file  if  the
 4        ownership  interest  of the person filing is greater than
 5        $5,000 fair market value as of the date of filing  or  if
 6        dividends  in  excess  of  $1,200  were received from the
 7        entity during the preceding calendar year. (In  the  case
 8        of  real  estate,  location  thereof  shall  be listed by
 9        street address, or if none, then by  legal  description).
10        This   item   does   not   include   mutual  funds,  debt
11        instruments,  or  deposits  in  a  personal  checking  or
12        savings account, including certificates  of  deposit  and
13        any  other  form  of  deposit in a bank, savings and loan
14        association,   credit   union,   or   similar   financial
15        institution. No time or demand  deposit  in  a  financial
16        institution, nor any debt instrument need be listed.
17             (2)  Except  for  professional service entities, the
18        name of any entity and any  position  held  therein  from
19        which  income  in excess of $1,200 was derived during the
20        preceding calendar year if the entity does business  with
21        a  unit  of  local  government  in  relation to which the
22        person is required to file. No time or demand deposit  in
23        a  financial institution, nor any debt instrument need be
24        listed.
25             (3)  The name of any entity and the  nature  of  the
26        governmental  action  requested  by  any entity which has
27        applied to a unit of  local  government  in  relation  to
28        which  the person must file for any license, franchise or
29        permit for annexation, zoning or rezoning of real  estate
30        during  the  preceding  calendar  year  if  the ownership
31        interest of the person filing is in excess of $5,000 fair
32        market value at the  time  of  filing  or  if  income  or
33        dividends in excess of $1,200 were received by the person
34        filing  from  the  entity  during  the preceding calendar
 
                            -6-      LRB093 10953 RCE 14502 a
 1        year.
 2    (Source: P.A. 92-101, eff. 1-1-02.)"; and

 3    on page 1, by inserting after line 12 the following:

 4        "(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
 5        Sec. 4A-103. The statement of economic interests required
 6    by this Article to be filed with the Secretary of State shall
 7    be filled in  by  typewriting  or  hand  printing,  shall  be
 8    verified,   dated,  and  signed  by  the  person  making  the
 9    statement and shall contain substantially the following:
10                   STATEMENT OF ECONOMIC INTEREST
11                        (TYPE OR HAND PRINT)
12    .............................................................
13    (name)
14    .............................................................
15    (each  office  or  position  of  employment  for  which  this
16    statement is filed)
17    .............................................................
18    (full  post  office  address  to  which  notification  of  an
19    examination of this statement should be sent)
20    GENERAL DIRECTIONS:
21        The interest (if constructively controlled by the  person
22    making  the  statement)  of  a  spouse,  other than a legally
23    separated spouse, or of a  dependant,  if  the  dependant  is
24    under  21 years of age and resides in the person's household,
25    or any other party, shall be considered to be the same as the
26    interest of the person making the statement.
27        Campaign  receipts  shall  not  be   included   in   this
28    statement.
29        If additional space is needed, please attach supplemental
30    listing.
31        1.  List  the  name  and  instrument  of ownership in any
32    entity doing business in the State of Illinois, in which  the
33    ownership  interest  held by the person at the date of filing
 
                            -7-      LRB093 10953 RCE 14502 a
 1    is in excess of  $5,000  fair  market  value  or  from  which
 2    dividends  in  excess  of  $1,200  were  derived  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.) This item does not include
 6    mutual funds, debt instruments, or  deposits  in  a  personal
 7    checking   or  savings  account,  including  certificates  of
 8    deposit and any other form of deposit in a bank, savings  and
 9    loan   association,   credit   union,  or  similar  financial
10    institution.  No  time  or  demand  deposit  in  a  financial
11    institution, nor any debt instrument need be listed.
12    Business Entity                Instrument of Ownership
13    .............................. ..............................
14    .............................. ..............................
15    .............................. ..............................
16    .............................. ..............................
17        2.  List the name, address and type of  practice  of  any
18    professional   entity  or  individual  professional  practice
19    organization in which the person making the statement was  an
20    officer, director, associate, partner or proprietor or served
21    in  any  advisory  capacity,  from  which income in excess of
22    $1,200 was derived during the preceding calendar year.
23    Name                Address              Type of Practice
24    ................... ...................  ....................
25    ................... ...................  ....................
26    ................... ...................  ....................
27        3.  List  the  individual  clients  of  the  professional
28    entity  or  individual  professional   practice   nature   of
29    professional  services  rendered  (other than to the State of
30    Illinois) to each entity from which income  exceeding  $5,000
31    was  received  for  professional services rendered during the
32    preceding calendar year by the person making  the  statement.
33    If  the  disclosure  of  professional  services  rendered  is
34    protected  by a privilege of confidentiality, then the person
 
                            -8-      LRB093 10953 RCE 14502 a
 1    required to file shall seek the consent of the client  before
 2    reporting his or her identity on this form.
 3    .............................................................
 4    .............................................................
 5        4.  List  the  identity  (including  the address or legal
 6    description of real estate) of any capital asset from which a
 7    capital gain of  $5,000  or  more  was  realized  during  the
 8    preceding calendar year.
 9    .............................................................
10    .............................................................
11        5.  List  the  identity  of any compensated lobbyist with
12    whom the  person  making  the  statement  maintains  a  close
13    economic  or familial relationship association, including the
14    name of the lobbyist and specifying the legislative matter or
15    matters which are the object of the  lobbying  activity,  and
16    listing describing the name general type of economic activity
17    of  the  client  or  principal on whose behalf that person is
18    lobbying.
19    Lobbyist            Legislative Matter   Client or Principal
20    ................... ...................  ....................
21    ................... ...................  ....................
22        6.  List the identity of the  entity  and  all  positions
23    held  as  employee or consultant of any corporation, company,
24    firm, partnership, other business enterprise,  or  non-profit
25    entity  if  the  person  received  income in excess of $1,200
26    during the preceding  calendar  year.   This  item  does  not
27    include  professional  service  entities  or  positions  held
28    therein.  List  the  name of any entity doing business in the
29    State of Illinois from which income in excess of  $1,200  was
30    derived  during  the  preceding  calendar year other than for
31    professional services and the title  or  description  of  any
32    position  held  in that entity.  (In the case of real estate,
33    location thereof shall be listed by  street  address,  or  if
34    none,  then by legal description).  No time or demand deposit
 
                            -9-      LRB093 10953 RCE 14502 a
 1    in a financial institution nor any debt  instrument  need  be
 2    listed.
 3    Entity                         Position Held
 4    .............................. ..............................
 5    .............................. ..............................
 6    .............................. ..............................
 7        7.  List  the  name  of  each unit of government that has
 8    employed the person in the preceding calendar year.
 9    .............................................................
10    .............................................................
11        8.  List the name of each unit of government in which the
12    person making the statement  held  elective  or  non-salaried
13    appointed office in the preceding calendar year. 7.  List the
14    name  of  any  unit  of  government which employed the person
15    making the statement during the preceding calendar year other
16    than the unit or units of government in relation to which the
17    person is required to file.
18    .............................................................
19    .............................................................
20        9. 8.  List the name of any entity from which a  gift  or
21    gifts,  or  honorarium  or honoraria, valued singly or in the
22    aggregate  in  excess  of  $500,  was  received  during   the
23    preceding calendar year.
24    .............................................................
25    VERIFICATION:
26        "I  declare  that  this  statement  of economic interests
27    (including any accompanying  schedules  and  statements)  has
28    been  examined  by  me  and  to  the best of my knowledge and
29    belief is a  true,  correct  and  complete  statement  of  my
30    economic  interests  as required by the Illinois Governmental
31    Ethics Act.  I understand  that  the  penalty  for  willfully
32    filing a false or incomplete statement shall be a fine not to
33    exceed  $1,000  or  imprisonment in a penal institution other
34    than the penitentiary not to exceed one year,  or  both  fine
 
                            -10-     LRB093 10953 RCE 14502 a
 1    and imprisonment."
 2    ................   ..........................................
 3    (date of filing)   (signature of person making the statement)
 4    (Source: P.A. 92-101, eff. 1-1-02.)

 5        (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
 6        Sec. 4A-104. The statement of economic interests required
 7    by  this  Article  to be filed with the county clerk shall be
 8    filled in by typewriting or hand printing, shall be verified,
 9    dated, and signed by the  person  making  the  statement  and
10    shall contain substantially the following:
11                   STATEMENT OF ECONOMIC INTERESTS
12                        (TYPE OR HAND PRINT)
13    .............................................................
14    (Name)
15    .............................................................
16    (each  office  or  position  of  employment  for  which  this
17    statement is filed) .........................................
18    (full  post  office  address  to  which  notification  of  an
19    examination of this statement should be sent)
20    GENERAL DIRECTIONS:
21        The  interest (if constructively controlled by the person
22    making the statement) of  a  spouse,  other  than  a  legally
23    separated  spouse,  or  of  a  dependant, if the dependant is
24    under 21 years of age and resides in the person's  household,
25    or any other party, shall be considered to be the same as the
26    interest of the person making the statement.
27        Campaign   receipts   shall   not  be  included  in  this
28    statement.
29        If additional space is needed, please attach supplemental
30    listing.
31        1.  List the name and  instrument  of  ownership  in  any
32    entity  doing  business  with  a  unit of local government in
33    relation to which the person is required to  file,  in  which
 
                            -11-     LRB093 10953 RCE 14502 a
 1    the  ownership  interest  held  by  the person at the date of
 2    filing is in excess of $5,000 fair market value or from which
 3    dividends in  excess  of  $1,200  were  received  during  the
 4    preceding  calendar  year.   (In  the  case  of  real estate,
 5    location thereof shall be listed by  street  address,  or  if
 6    none,  then by legal description.) This item does not include
 7    mutual funds, debt instruments, or  deposits  in  a  personal
 8    checking   or  savings  account,  including  certificates  of
 9    deposit and any other form of deposit in a bank, savings  and
10    loan   association,   credit   union,  or  similar  financial
11    institution.  No  time  or  demand  deposit  in  a  financial
12    institution, nor any debt instrument shall be listed.
13    Business            Instrument of        Position of
14    Entity              Ownership            Management
15    ................... ...................  ....................
16    ................... ...................  ....................
17    ................... ...................  ....................
18        2.  List the name, address and type of  practice  of  any
19    professional   entity  or  individual  professional  practice
20    organization in which the person making the statement was  an
21    officer,  director,  associate,  partner  or  proprietor,  or
22    served  in any advisory capacity, from which income in excess
23    of $1,200 was derived during the preceding calendar year.
24    Name                Address              Type of Practice
25    ................... ...................  ....................
26    ................... ...................  ....................
27    ................... ...................  ....................
28        3.  List  the  individual  clients  of  the  professional
29    entity  or  individual  professional   practice   nature   of
30    professional  services  rendered  (other  than to the unit or
31    units of local government in relation to which the person  is
32    required  to file) to each entity from which income exceeding
33    $5,000 was received for professional services rendered during
34    the  preceding  calendar  year  by  the  person  making   the
 
                            -12-     LRB093 10953 RCE 14502 a
 1    statement.   If   the  disclosure  of  professional  services
 2    rendered is protected by a privilege of confidentiality, then
 3    the person required to file shall seek  the  consent  of  the
 4    client before reporting his or her identity on this form.
 5    .............................................................
 6    .............................................................
 7        4.  List  the  identity  (including  the address or legal
 8    description of real estate) of any capital asset from which a
 9    capital gain of  $5,000  or  more  was  realized  during  the
10    preceding calendar year.
11    .............................................................
12    .............................................................
13    .............................................................
14        5.  List  the  name  of  any entity and the nature of the
15    governmental action requested by any entity which has applied
16    to a unit of local government in relation to which the person
17    must  file  for  any  license,  franchise   or   permit   for
18    annexation,  zoning  or  rezoning  of  real estate during the
19    preceding calendar year if  the  ownership  interest  of  the
20    person filing is in excess of $5,000 fair market value at the
21    time  of  filing or if income or dividends in excess of $1200
22    were received by the person filing from the entity during the
23    preceding calendar year.
24    .............................................................
25    .............................................................
26    .............................................................
27        6.  List the name of any entity  doing  business  with  a
28    unit  of  local government in relation to which the person is
29    required to file from which income in excess  of  $1,200  was
30    derived  during  the  preceding  calendar year other than for
31    professional services and the title  or  description  of  any
32    position held in that entity.  No time or demand deposit in a
33    financial institution nor any debt instrument need be listed.
34    .............................................................
 
                            -13-     LRB093 10953 RCE 14502 a
 1    .............................................................
 2        7.  List  the  name  of  each unit of government that has
 3    employed the person in the preceding calendar year.
 4    .............................................................
 5    .............................................................
 6        8.  List the name of each unit of government in which the
 7    person making the statement  held  elective  or  non-salaried
 8    appointed  office  in  the  preceding calendar year. List the
 9    name of any unit of  government  which  employed  the  person
10    making the statement during the preceding calendar year other
11    than the unit or units of government in relation to which the
12    person is required to file.
13    .............................................................
14    .............................................................
15        9.  8.  List  the name of any entity from which a gift or
16    gifts, or honorarium or honoraria, valued singly  or  in  the
17    aggregate   in  excess  of  $500,  was  received  during  the
18    preceding calendar year.
19    .............................................................
20    VERIFICATION:
21        "I declare that  this  statement  of  economic  interests
22    (including  any  accompanying  schedules  and statements) has
23    been examined by me and to  the  best  of  my  knowledge  and
24    belief  is  a  true,  correct  and  complete  statement of my
25    economic interests as required by the  Illinois  Governmental
26    Ethics  Act.   I  understand  that  the penalty for willfully
27    filing a false or incomplete statement shall be a fine not to
28    exceed $1,000 or imprisonment in a  penal  institution  other
29    than  the  penitentiary  not to exceed one year, or both fine
30    and imprisonment."
31    ................   ..........................................
32    (date of filing)   (signature of person making the statement)
33    (Source: P.A. 92-101, eff. 1-1-02.)".