Full Text of SB0036 95th General Assembly
SB0036 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0036
Introduced 1/31/2007, by Sen. Christine Radogno - Kirk W. Dillard 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 |
10 ILCS 5/9-28 |
|
|
Amends the Illinois Governmental Ethics Act and the Election Code. With respect to the disclosure of gifts in statements of economic interests, requires that (i) gifts to the spouse of the person making the statement and to immediate family members living in the same household are considered gifts to the person making the statement; (ii) gifts from persons and entities (now, entities) be disclosed; and (iii) the nature and value of each gift be specified. Requires that the State Board of Elections' website include with filed campaign finance reports (i) a notice that statements of economic interests contain information about public officials and candidates and (ii) a link to the Secretary of State website pages containing statements of economic interests of State officials and candidates. Effective July 1, 2007.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB0036 |
|
LRB095 03434 JAM 23438 b |
|
| 1 |
| AN ACT concerning ethics.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Governmental Ethics Act is amended | 5 |
| by 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 | 8 |
| by this Article
shall include the economic interests of the | 9 |
| person making the statement as
provided in this Section. The | 10 |
| interest (if constructively controlled by the
person making the | 11 |
| statement) of a spouse or any other party, shall be
considered | 12 |
| to be the same as the interest of the person making the
| 13 |
| statement. A gift to a spouse or to an immediate family member | 14 |
| living in the same household as the person making the statement | 15 |
| (from a person or entity other than the person making the | 16 |
| statement, the spouse, or an immediate family member living in | 17 |
| the same household) shall be considered a gift to the person | 18 |
| making the statement. Campaign receipts shall not be included | 19 |
| in this statement.
| 20 |
| (a) The following interests shall be listed by all persons | 21 |
| required to
file:
| 22 |
| (1) The name, address and type of practice of any | 23 |
| professional
organization or individual professional |
|
|
|
SB0036 |
- 2 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| practice in which the person making
the statement was an | 2 |
| officer, director, associate, partner or proprietor,
or | 3 |
| served in any advisory capacity, from which income in | 4 |
| excess of $1200
was derived during the preceding calendar | 5 |
| year;
| 6 |
| (2) The nature of professional services (other than | 7 |
| services rendered to
the unit or units of government in | 8 |
| relation to which the person is required
to file)
and the | 9 |
| nature of the entity to which they were rendered if fees | 10 |
| exceeding
$5,000 were received during the preceding | 11 |
| calendar year from the entity for
professional services | 12 |
| rendered by the person making the statement.
| 13 |
| (3) The identity (including the address or legal | 14 |
| description of real
estate) of any capital asset from which | 15 |
| a capital gain of $5,000 or more
was realized in the | 16 |
| preceding calendar year.
| 17 |
| (4) The name of any unit of government which has | 18 |
| employed the person
making the statement during the | 19 |
| preceding calendar year other than the unit
or units of | 20 |
| government in relation to which the person is required to | 21 |
| file.
| 22 |
| (5) The name of any person from whom or entity from | 23 |
| which a gift or gifts, or honorarium or
honoraria, valued | 24 |
| singly or in the aggregate in excess of $500, was
received | 25 |
| during the preceding calendar year and the nature and value | 26 |
| of each gift or honorarium received from the named person |
|
|
|
SB0036 |
- 3 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| or entity .
| 2 |
| (b) The following interests shall also be listed by persons | 3 |
| listed in
items (a) through (f) and item (l) of Section 4A-101:
| 4 |
| (1) The name and instrument of ownership in any entity | 5 |
| doing business in
the State of Illinois, in which an | 6 |
| ownership interest held by the person at
the date of filing | 7 |
| is in excess of $5,000 fair market value or from which
| 8 |
| dividends of in excess of $1,200 were derived during the | 9 |
| preceding calendar
year. (In the case of real estate, | 10 |
| location thereof shall be listed by
street address, or if | 11 |
| none, then by legal description). No time or demand
deposit | 12 |
| in a financial institution, nor any debt instrument need be | 13 |
| listed;
| 14 |
| (2) Except for professional service entities, the name | 15 |
| of any entity and
any position held therein from which | 16 |
| income of in excess of $1,200 was
derived during the | 17 |
| preceding calendar year, if the entity does business in
the | 18 |
| State of Illinois. No time or demand deposit in a financial
| 19 |
| institution, nor any debt instrument need be listed.
| 20 |
| (3) The identity of any compensated lobbyist with whom | 21 |
| the person making
the statement maintains a close economic | 22 |
| association, including the name of
the lobbyist and | 23 |
| specifying the legislative matter or matters which are the
| 24 |
| object of the lobbying activity, and describing the general | 25 |
| type of
economic activity of the client or principal on | 26 |
| whose behalf that person is
lobbying.
|
|
|
|
SB0036 |
- 4 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| (c) The following interests shall also be listed by persons | 2 |
| listed in
items (g), (h), and (i) of Section 4A-101:
| 3 |
| (1) The name and instrument of ownership in any entity | 4 |
| doing business
with a unit of local government in relation | 5 |
| to which the person is
required to file if the ownership | 6 |
| interest of the person filing is greater
than $5,000 fair | 7 |
| market value as of the date of filing or if dividends in
| 8 |
| excess of $1,200 were received from the entity during the | 9 |
| preceding
calendar year. (In the case of real estate, | 10 |
| location thereof shall be
listed by street address, or if | 11 |
| none, then by legal description). No time
or demand deposit | 12 |
| in a financial institution, nor any debt instrument need
be | 13 |
| listed.
| 14 |
| (2) Except for professional service entities, the name | 15 |
| of any entity and
any position held therein from which | 16 |
| income in excess of $1,200 was derived
during the preceding | 17 |
| calendar year if the entity does business with a
unit of | 18 |
| local government in relation to which the person is | 19 |
| required to
file. No time or demand deposit in a financial | 20 |
| institution, nor any debt
instrument need be listed.
| 21 |
| (3) The name of any entity and the nature of the | 22 |
| governmental action
requested by any entity which has | 23 |
| applied to a unit of local
government
in relation to which | 24 |
| the person must file for any license, franchise or
permit | 25 |
| for annexation, zoning or rezoning of real estate during | 26 |
| the
preceding calendar year if the ownership interest of |
|
|
|
SB0036 |
- 5 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| the person filing is
in excess of $5,000 fair market value | 2 |
| at the time of filing or if income or
dividends in excess | 3 |
| of $1,200 were received by the person filing from the
| 4 |
| entity during the preceding calendar year.
| 5 |
| (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
| 6 |
| (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 7 |
| Sec. 4A-103. The statement of economic interests required | 8 |
| by this Article to be filed
with the Secretary of State shall | 9 |
| be filled in by
typewriting or hand printing, shall be | 10 |
| verified, dated, and signed by the
person making the statement | 11 |
| and shall contain substantially the following:
| 12 |
| STATEMENT OF ECONOMIC INTEREST
| 13 |
| (TYPE OR HAND PRINT)
| 14 |
| .............................................................
| 15 |
| (name)
| 16 |
| .............................................................
| 17 |
| (each office or position of employment for which this
statement | 18 |
| is filed)
| 19 |
| .............................................................
| 20 |
| (full post office address to which notification of
an | 21 |
| examination of this statement should be sent)
| 22 |
| GENERAL DIRECTIONS:
| 23 |
| The interest (if constructively controlled by the person | 24 |
| making the
statement) of a spouse or any other party, shall be | 25 |
| considered to be the
same as the interest of the person making |
|
|
|
SB0036 |
- 6 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| the statement. A gift to a spouse or to an immediate family | 2 |
| member living in the same household as the person making the | 3 |
| statement (from a person or entity other than the person making | 4 |
| the statement, the spouse, or an immediate family member living | 5 |
| in the same household) shall be considered a gift to the person | 6 |
| making the statement.
| 7 |
| Campaign receipts shall not be included in this statement.
| 8 |
| If additional space is needed, please attach supplemental | 9 |
| listing.
| 10 |
| 1. List the name and instrument of ownership in any entity | 11 |
| doing
business in the State of Illinois, in which the ownership | 12 |
| interest held by
the person at the date of filing is in excess | 13 |
| of $5,000 fair market value
or from which dividends in excess | 14 |
| of $1,200 were derived during the
preceding calendar year. (In | 15 |
| the case of real estate, location thereof
shall be listed by | 16 |
| street address, or if none, then by legal description.)
No time | 17 |
| or demand deposit in a financial institution, nor any debt
| 18 |
| instrument need be listed.
|
|
19 | | Business Entity |
Instrument of Ownership |
|
20 | | ............................... |
............................... |
|
21 | | ............................... |
............................... |
|
22 | | ............................... |
............................... |
|
23 | | ............................... |
............................... |
|
24 |
| 2. List the name, address and type of practice of any | 25 |
| professional
organization in which the person making the | 26 |
| statement was an officer,
director, associate, partner or |
|
|
|
SB0036 |
- 7 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| proprietor or served in any advisory
capacity, from which | 2 |
| income in excess of $1,200 was derived during the
preceding | 3 |
| calendar year.
|
|
4 | | Name |
Address |
Type of Practice |
|
5 | | .................... |
.................... |
..................... |
|
6 | | .................... |
.................... |
..................... |
|
7 | | .................... |
.................... |
..................... |
|
8 |
| 3. List the nature of professional services rendered (other | 9 |
| than to the
State of Illinois) to each entity from which income | 10 |
| exceeding $5,000 was
received for professional services | 11 |
| rendered during the preceding calendar
year by the person | 12 |
| making the statement.
| 13 |
| .............................................................
| 14 |
| .............................................................
| 15 |
| 4. List the identity (including the address or legal | 16 |
| description of real
estate) of any capital asset from which a | 17 |
| capital gain of $5,000 or more
was realized during the | 18 |
| preceding calendar year.
| 19 |
| .............................................................
| 20 |
| .............................................................
| 21 |
| 5. List the identity of any compensated lobbyist with whom | 22 |
| the person
making the statement maintains a close economic | 23 |
| association, including the
name of the lobbyist and specifying | 24 |
| the legislative matter or matters which
are the object of the | 25 |
| lobbying activity, and describing the general type of
economic | 26 |
| activity of the client or principal on whose behalf that person |
|
|
|
SB0036 |
- 8 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| is
lobbying.
|
|
2 | | Lobbyist |
Legislative Matter |
Client or Principal |
|
3 | | .................... |
.................... |
..................... |
|
4 | | .................... |
.................... |
..................... |
|
5 |
| 6. List the name of any entity doing business in the State | 6 |
| of Illinois
from which income in excess of $1,200 was derived | 7 |
| during the preceding
calendar year other than for professional | 8 |
| services and the title or
description of any position held in | 9 |
| that entity. (In the case of real
estate, location thereof | 10 |
| shall be listed by street address, or if none,
then by legal | 11 |
| description). No time or demand deposit in a financial
| 12 |
| institution nor any debt instrument need be listed.
|
|
13 | | Entity |
Position Held |
|
14 | | ............................... |
............................... |
|
15 | | ............................... |
............................... |
|
16 | | ............................... |
............................... |
|
17 |
| 7. List the name of any unit of government which employed | 18 |
| the person
making the statement during the preceding calendar | 19 |
| year other than the unit
or units
of government in relation to | 20 |
| which the person is required to file.
| 21 |
| .............................................................
| 22 |
| .............................................................
| 23 |
| 8. List the name of any person from whom or entity from | 24 |
| which a gift or gifts, or honorarium
or honoraria, valued | 25 |
| singly or in the aggregate in excess of $500, was
received | 26 |
| during the preceding calendar year and the nature and value of |
|
|
|
SB0036 |
- 9 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| each gift or honorarium received from the named person or | 2 |
| entity .
|
|
3 | | Name |
Nature of Gift |
Value |
|
4 | | .................... |
.................... |
..................... |
|
5 | | .................... |
.................... |
..................... |
|
6 |
| VERIFICATION:
| 7 |
| "I declare that this statement of economic interests | 8 |
| (including any
accompanying schedules and statements) has been | 9 |
| examined by me and to the
best of my knowledge and belief is a | 10 |
| true, correct and complete statement
of my economic interests | 11 |
| as required by the Illinois Governmental Ethics
Act. I | 12 |
| understand that the penalty for willfully filing a false or
| 13 |
| incomplete statement shall be a fine not to exceed $1,000 or | 14 |
| imprisonment
in a penal institution other than the penitentiary | 15 |
| not to exceed one year,
or both fine and imprisonment."
| 16 |
| ................ ..........................................
| 17 |
| (date of filing) (signature of person making the statement)
| 18 |
| (Source: P.A. 92-101, eff. 1-1-02 .)
| 19 |
| (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| 20 |
| Sec. 4A-104. The statement of economic interests required | 21 |
| by this Article to be filed
with the county clerk shall be | 22 |
| filled in by typewriting
or hand printing, shall be verified, | 23 |
| dated, and signed by the person
making the statement and shall | 24 |
| contain substantially the following:
| 25 |
| STATEMENT OF ECONOMIC INTERESTS
|
|
|
|
SB0036 |
- 10 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| (TYPE OR HAND PRINT)
| 2 |
| .............................................................
| 3 |
| (Name)
| 4 |
| .............................................................
| 5 |
| (each office or position of employment for which this
statement | 6 |
| is filed)
...................................................
| 7 |
| (full post office address to which notification of an
| 8 |
| examination of this statement should be sent)
| 9 |
| GENERAL DIRECTIONS:
| 10 |
| The interest (if constructively controlled by the person | 11 |
| making the
statement) of a spouse or any other party, shall be | 12 |
| considered to be the
same as the interest of the person making | 13 |
| the statement. A gift to a spouse or to an immediate family | 14 |
| member living in the same household as the person making the | 15 |
| statement (from a person or entity other than the person making | 16 |
| the statement, the spouse, or an immediate family member living | 17 |
| in the same household) shall be considered a gift to the person | 18 |
| making the statement.
| 19 |
| Campaign receipts shall not be included in this statement.
| 20 |
| If additional space is needed, please attach supplemental | 21 |
| listing.
| 22 |
| 1. List the name and instrument of ownership in any entity | 23 |
| doing
business with a unit of local government in relation to | 24 |
| which the
person
is required to file, in which the ownership | 25 |
| interest held by the person at
the date of filing is in excess | 26 |
| of $5,000 fair market value or from which
dividends in excess |
|
|
|
SB0036 |
- 11 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| of $1,200 were received during the preceding calendar
year. (In | 2 |
| the case of real estate, location thereof shall be listed by
| 3 |
| street address, or if none, then by legal description.) No time | 4 |
| or demand
deposit in a financial institution, nor any debt | 5 |
| instrument shall be
listed.
|
|
6 | | Business |
Instrument of |
Position of |
|
7 | | Entity |
Ownership |
Management |
|
8 | | .................... |
.................... |
..................... |
|
9 | | .................... |
.................... |
..................... |
|
10 | | .................... |
.................... |
..................... |
|
11 |
| 2. List the name, address and type of practice of any | 12 |
| professional
organization in which the person making the | 13 |
| statement was an officer,
director, associate, partner or | 14 |
| proprietor, or served in any advisory
capacity, from which | 15 |
| income in excess of $1,200 was derived during the
preceding | 16 |
| calendar year.
|
|
17 | | Name |
Address |
Type of Practice |
|
18 | | .................... |
.................... |
..................... |
|
19 | | .................... |
.................... |
..................... |
|
20 | | .................... |
.................... |
..................... |
|
21 |
| 3. List the nature of professional services rendered (other | 22 |
| than to the
unit or units of local government in relation to | 23 |
| which the person is
required to
file) to each entity from which | 24 |
| income exceeding $5,000 was received for
professional services | 25 |
| rendered during the preceding calendar year by the
person | 26 |
| making the statement.
|
|
|
|
SB0036 |
- 12 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| .............................................................
| 2 |
| .............................................................
| 3 |
| 4. List the identity (including the address or legal | 4 |
| description of real
estate) of any capital asset from which a | 5 |
| capital gain of $5,000 or more
was realized during the | 6 |
| preceding calendar year.
| 7 |
| .............................................................
| 8 |
| .............................................................
| 9 |
| .............................................................
| 10 |
| 5. List the name of any entity and the nature of the | 11 |
| governmental action
requested by any entity which has applied | 12 |
| to a unit of local
government
in relation to which the person | 13 |
| must file for any license, franchise or
permit for annexation, | 14 |
| zoning or rezoning of real estate during the
preceding calendar | 15 |
| year if the ownership interest of the person filing is
in | 16 |
| excess of $5,000 fair market value at the time of filing or if | 17 |
| income or
dividends in excess of $1200 were received by the | 18 |
| person filing from the
entity during the preceding calendar | 19 |
| year.
| 20 |
| .............................................................
| 21 |
| .............................................................
| 22 |
| .............................................................
| 23 |
| 6. List the name of any entity doing business with a unit | 24 |
| of
local
government in relation to which the person is required | 25 |
| to file from which
income in excess of $1,200 was derived | 26 |
| during the preceding calendar year
other than for professional |
|
|
|
SB0036 |
- 13 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| services and the title or description of any
position held in | 2 |
| that entity. No time or demand deposit in a financial
| 3 |
| institution nor any debt instrument need be listed.
| 4 |
| .............................................................
| 5 |
| .............................................................
| 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 person from whom or entity from | 13 |
| which a gift or gifts, or honorarium
or honoraria, valued | 14 |
| singly or in the aggregate in excess of $500, was
received | 15 |
| during the preceding calendar year and the nature and value of | 16 |
| each gift or honorarium received from the named person or | 17 |
| entity .
|
|
18 | | Name |
Nature of Gift |
Value |
|
19 | | .................... |
.................... |
..................... |
|
20 | | .................... |
.................... |
..................... |
|
21 |
| VERIFICATION:
| 22 |
| "I declare that this statement of economic interests | 23 |
| (including any
accompanying schedules and statements) has been | 24 |
| examined by me and to the
best of my knowledge and belief is a | 25 |
| true, correct and complete statement
of my economic interests | 26 |
| as required by the Illinois Governmental Ethics
Act. I |
|
|
|
SB0036 |
- 14 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| understand that the penalty for willfully filing a false or
| 2 |
| incomplete statement shall be a fine not to exceed $1,000 or | 3 |
| imprisonment
in a penal institution other than the penitentiary | 4 |
| not to exceed one year,
or both fine and imprisonment."
| 5 |
| ................ ..........................................
| 6 |
| (date of filing) (signature of person making the statement)
| 7 |
| (Source: P.A. 92-101, eff. 1-1-02 .)
| 8 |
| Section 10. The Election Code is amended by changing | 9 |
| Section 9-28 as follows:
| 10 |
| (10 ILCS 5/9-28)
| 11 |
| Sec. 9-28. Electronic filing and availability. The Board | 12 |
| shall
by rule
provide for the electronic filing of expenditure | 13 |
| and contribution
reports as follows:
| 14 |
| Beginning July 1, 1999, or as soon thereafter as the Board | 15 |
| has provided
adequate software to the political committee, | 16 |
| electronic filing is required for
all
political
committees that | 17 |
| during the
reporting period (i) had at any time a balance or an | 18 |
| accumulation of
contributions
of $25,000 or more, (ii) made | 19 |
| aggregate expenditures of $25,000 or more, or
(iii) received | 20 |
| loans of an aggregate of $25,000 or more.
| 21 |
| Beginning July 1, 2003, electronic filing is required for | 22 |
| all political
committees that during the reporting period (i)
| 23 |
| had at any time a balance or
an accumulation of contributions | 24 |
| of $10,000 or more, (ii) made aggregate
expenditures of $10,000 |
|
|
|
SB0036 |
- 15 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| or more, or (iii) received loans of an aggregate of
$10,000
or | 2 |
| more.
| 3 |
| The Board may provide by rule for the optional
electronic | 4 |
| filing of
expenditure and contribution reports for all other | 5 |
| political committees.
The Board shall promptly
make all reports | 6 |
| filed under this Article by
all political committees publicly
| 7 |
| available by means of a searchable database that is accessible | 8 |
| through
the World Wide Web. The searchable database required by | 9 |
| this subsection must include a notice that statements of | 10 |
| economic interests required by the Illinois Governmental | 11 |
| Ethics Act and filed with the Secretary of State contain | 12 |
| information about State officials and candidates and that | 13 |
| statements of economic interests required by the Illinois | 14 |
| Governmental Ethics Act and filed with county clerks contain | 15 |
| information about local officials and candidates. The database | 16 |
| also must include a link to the Secretary of State website | 17 |
| pages that contain statements of economic interests filed with | 18 |
| the Secretary of State.
| 19 |
| The Board shall provide all software necessary to comply | 20 |
| with this
Section to candidates, public officials, political | 21 |
| committees, and election
authorities.
| 22 |
| The Board shall implement a plan to provide computer access | 23 |
| and assistance
to candidates, public officials, political | 24 |
| committees, and election authorities
with respect to | 25 |
| electronic filings required under this Article.
| 26 |
| For the purposes of this Section, "political committees" |
|
|
|
SB0036 |
- 16 - |
LRB095 03434 JAM 23438 b |
|
| 1 |
| includes entities
required to report to the Board under Section | 2 |
| 9-7.5.
| 3 |
| (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
| 4 |
| Section 99. Effective date. This Act takes effect July 1, | 5 |
| 2007.
|
|