Full Text of SB1289 100th General Assembly
SB1289eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 1-110, 4A-102, 4A-103, and 4A-108 and by | 6 | | adding Sections 1-102.5, 1-104.3, 1-104.4, 1-104.5, 1-105.2, | 7 | | 1-105.3, 1-105.4, 1-105.5, 1-105.6, 1-105.7, 1-112.5, 1-113.6, | 8 | | and 1-113.7 as follows: | 9 | | (5 ILCS 420/1-102.5 new) | 10 | | Sec. 1-102.5. Asset. "Asset" means, for the purposes of | 11 | | Sections 4A-102 and 4A-103, an item that is owned and has | 12 | | monetary value. For the purposes of Sections 4A-102 and 4A-103, | 13 | | assets include, but are not limited to: stocks, bonds (except | 14 | | those issued by the federal, state, or local governments), | 15 | | sector mutual funds, sector exchange traded funds, commodity | 16 | | futures, investment real estate, and partnership interests. | 17 | | For the purposes of Sections 4A-102 and 4A-103, assets do not | 18 | | include: personal residences; personal vehicles; savings or | 19 | | checking accounts; bonds, notes, or securities issued by any | 20 | | branch of federal, state, or local government; Medicare | 21 | | benefits; inheritances or bequests; diversified mutual funds; | 22 | | annuities; pensions (including government pensions); | 23 | | retirement accounts; college savings plans that are qualified |
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| 1 | | tuition plans; qualified tax-advantaged savings programs that | 2 | | allow individuals to save for disability-related expenses; | 3 | | non-income producing trust holdings; or tangible personal | 4 | | property. | 5 | | (5 ILCS 420/1-104.3 new) | 6 | | Sec. 1-104.3. Creditor. "Creditor" means, for the purposes | 7 | | of Sections 4A-102 and 4A-103, an individual, organization, or | 8 | | other business entity to whom money or its equivalent is owed, | 9 | | no matter whether that obligation is secured or unsecured, | 10 | | except that if a filer makes a loan to members of his or her | 11 | | family, or a political committee registered with the Illinois | 12 | | State Board of Elections, or a political committee, principal | 13 | | campaign committee, or authorized committee registered with | 14 | | the Federal Election Commission, then that filer does not, by | 15 | | making such a loan, become a creditor of that individual or | 16 | | entity for the purposes of Sections 4A-102 and 4A-103 of this | 17 | | Act. | 18 | | (5 ILCS 420/1-104.4 new) | 19 | | Sec. 1-104.4. Debt. "Debt" means, for the purposes of | 20 | | Sections 4A-102 and 4A-103, any money or monetary obligation | 21 | | owed at any time during the preceding calendar year to an | 22 | | individual, company, or other organization, other than a loan | 23 | | that is from a financial institution, government agency, or | 24 | | business entity and that is granted on terms made available to |
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| 1 | | the general public. For the purposes of Sections 4A-102 and | 2 | | 4A-103, "debt" includes, but is not limited to: personal loans | 3 | | from friends or business associates, business loans made | 4 | | outside the lender's regular course of business, and loans made | 5 | | at below market rates. For the purposes of Sections 4A-102 and | 6 | | 4A-103, "debt" does not include: (i) debts to or from financial | 7 | | institutions or government entities, such as mortgages, | 8 | | student loans, credit card debts, or loans secured by | 9 | | automobiles, household furniture, or appliances, as long as | 10 | | those loans were made on terms available to the general public | 11 | | and do not exceed the purchase price of the items securing | 12 | | them; or (ii) debts to or from a political committee registered | 13 | | with the Illinois State Board of Elections or political | 14 | | committees, principal campaign committees, or authorized | 15 | | committees registered with the Federal Election Commission. | 16 | | (5 ILCS 420/1-104.5 new) | 17 | | Sec. 1-104.5. Diversified funds. "Diversified funds" means | 18 | | investment products, such as mutual funds, exchange traded | 19 | | funds, or unit investment trusts, that invest in a wide variety | 20 | | of securities. | 21 | | (5 ILCS 420/1-105.2 new) | 22 | | Sec. 1-105.2. Economic relationship. "Economic | 23 | | relationship" means, for the purposes of Sections 4A-102 and | 24 | | 4A-103, any joint or shared ownership interests in businesses |
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| 1 | | and creditor-debtor relationships with third parties, other | 2 | | than commercial lending institutions, where: (a) the filer is | 3 | | entitled to receive (i) more than 7.5% of the total | 4 | | distributable income, or (ii) an amount in excess of the salary | 5 | | of the Governor; or (b) the filer together with his or her | 6 | | spouse or minor children is entitled to receive (i) more than | 7 | | 15%, in the aggregate, of the total distributable income, or | 8 | | (ii) an amount in excess of 2 times the salary of the Governor. | 9 | | (5 ILCS 420/1-105.3 new) | 10 | | Sec. 1-105.3. Family. "Family" means, for the purposes of | 11 | | Sections 4A-102 and 4A-103, a filer's spouse, children, | 12 | | step-children, parents, step-parents, siblings, step-siblings, | 13 | | half-siblings, sons-in-law, daughters-in-law, grandfathers, | 14 | | grandmothers, grandsons, and granddaughters, as well as the | 15 | | father, mother, grandfather, and grandmother of the filer's | 16 | | spouse. | 17 | | (5 ILCS 420/1-105.4 new) | 18 | | Sec. 1-105.4. Immediate family. "Immediate family" means, | 19 | | for the purposes of Sections 4A-102 and 4A-103, family of the | 20 | | filer living in the filer's residence. | 21 | | (5 ILCS 420/1-105.5 new) | 22 | | Sec. 1-105.5. Filer. "Filer" means, for the purposes of | 23 | | Section 4A-102 and 4A-103, a person required to file a |
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| 1 | | statement of economic interests pursuant to this Act. | 2 | | (5 ILCS 420/1-105.6 new) | 3 | | Sec. 1-105.6. Income. "Income" means, for the purposes of | 4 | | Sections 4A-102 and 4A-103, income from whatever source | 5 | | derived, required to be reported on the filer's federal income | 6 | | tax return, including, but not limited to: compensation | 7 | | received for services rendered or to be rendered (as reported | 8 | | on any Internal Revenue Service forms, including, but not | 9 | | limited to, W-2, 1099, or K-1); earnings or capital gains from | 10 | | the sale of assets; profit; interest or dividend income from | 11 | | all assets; revenue from leases and rentals, royalties, prizes, | 12 | | awards, or barter; forgiveness of debt; and earnings derived | 13 | | from annuities or trusts other than testamentary trusts. | 14 | | "Income" does not include compensation earned for service in | 15 | | the position that necessitates the filing of the statement of | 16 | | economic interests or income from the sale of a personal | 17 | | residence or personal vehicle. | 18 | | (5 ILCS 420/1-105.7 new) | 19 | | Sec. 1-105.7. Investment real estate. "Investment real | 20 | | estate" means any real property, other than a filer's personal | 21 | | residences, purchased to produce a profit, whether from income | 22 | | or resale. Investment real estate may be described by the city | 23 | | and state where the real estate is located.
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| 1 | | (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
| 2 | | Sec. 1-110.
"Lobbyist" means an individual who is required | 3 | | to be registered to engage in lobbying activities pursuant to | 4 | | any statute, regulation, or ordinance adopted by a unit of | 5 | | government in the State of Illinois any person required to be | 6 | | registered under
"An Act concerning lobbying and providing a | 7 | | penalty for violation thereof",
approved July 10, 1957, as | 8 | | amended .
| 9 | | (Source: Laws 1967, p. 3401.)
| 10 | | (5 ILCS 420/1-112.5 new) | 11 | | Sec. 1-112.5. Personal residence. "Personal residence" | 12 | | means, for the purposes of Sections 4A-102 and 4A-103, a | 13 | | filer's primary home residence and any residential real | 14 | | property held by the filer and used by the filer for | 15 | | residential rather than commercial or income generating | 16 | | purposes. | 17 | | (5 ILCS 420/1-113.6 new) | 18 | | Sec. 1-113.6. Sector funds. "Sector funds" means mutual | 19 | | funds or exchange traded funds invested in a particular | 20 | | industry or business. | 21 | | (5 ILCS 420/1-113.7 new) | 22 | | Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage, | 23 | | a party to a civil union, or a registered domestic partner. |
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| 1 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| 2 | | Sec. 4A-102. The statement of economic interests required | 3 | | by this Article
shall include the economic interests of the | 4 | | person making the statement as
provided in this Section. The | 5 | | following interests shall be listed by all persons required to | 6 | | file: | 7 | | (1) each asset that has a value of more than $25,000 as | 8 | | of the end of the preceding calendar year and is: (i) held | 9 | | in the filer's name, (ii) held jointly by the filer with | 10 | | his or her spouse, or (iii) held jointly by the filer with | 11 | | his or her minor child or children; | 12 | | (2) excluding the income from the position that | 13 | | requires the filing of a statement of economic interests | 14 | | under this Act, each source of income that generated in | 15 | | excess of $10,000 in income during the preceding calendar | 16 | | year (as reported on the filer's federal income tax return | 17 | | covering the preceding calendar year) and, if the sale or | 18 | | transfer of an asset produced more than $10,000 in capital | 19 | | gains during the preceding calendar year, the transaction | 20 | | date on which that asset was sold or transferred; | 21 | | (3) each creditor of a debt in excess of $25,000 that, | 22 | | during the preceding calendar year, was: (i) owed by the | 23 | | filer, (ii) owed jointly by the filer with his or her | 24 | | spouse or (iii) owed jointly by the filer with his or her | 25 | | minor child or children; |
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| 1 | | (4) each debtor of a debt in excess of $25,000 that, | 2 | | during the preceding calendar year, was: (i) owed to the | 3 | | filer, (ii) owed jointly to the filer with his or her | 4 | | spouse, or (iii) owed jointly to the filer with his or her | 5 | | minor child or children; | 6 | | (5) each lobbyist known to the filer to be registered | 7 | | with any unit of government in the State of Illinois: (i) | 8 | | with whom the filer maintains an economic relationship, or | 9 | | (ii) who is a member of the filer's immediate family; and | 10 | | (6) each source and type of gift or gifts, or | 11 | | honorarium or honoraria, valued singly or in the aggregate | 12 | | in excess of $1,000 that was received during the preceding | 13 | | calendar year. | 14 | | For the purposes of this Section, the unit of local | 15 | | government in relation to which a person is required to file | 16 | | under item (o) of Section 4A-101 shall be the unit of local | 17 | | government that contributes to the pension fund of which such | 18 | | person is a member of the board. | 19 | | The interest (if constructively controlled by the
person | 20 | | making the statement) of a spouse or any other party, shall be
| 21 | | considered to be the same as the interest of the person making | 22 | | the
statement. Campaign receipts shall not be included in this | 23 | | statement.
| 24 | | (a) The following interests shall be listed by all | 25 | | persons required to
file:
| 26 | | (1) The name, address and type of practice of any |
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| 1 | | professional
organization or individual professional | 2 | | practice in which the person making
the statement was | 3 | | an officer, director, associate, partner or | 4 | | proprietor,
or served in any advisory capacity, from | 5 | | which income in excess of $1200
was derived during the | 6 | | preceding calendar year;
| 7 | | (2) The nature of professional services (other | 8 | | than services rendered to
the unit or units of | 9 | | government in relation to which the person is required
| 10 | | to file)
and the nature of the entity to which they | 11 | | were rendered if fees exceeding
$5,000 were received | 12 | | during the preceding calendar year from the entity for
| 13 | | professional services rendered by the person making | 14 | | the statement.
| 15 | | (3) The identity (including the address or legal | 16 | | description of real
estate) of any capital asset from | 17 | | which a capital gain of $5,000 or more
was realized in | 18 | | the preceding calendar year.
| 19 | | (4) 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 | 23 | | to file.
| 24 | | (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 |
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| 1 | | the preceding calendar year.
| 2 | | (b) The following interests shall also be listed by | 3 | | persons listed in
items (a) through (f), item (l), item | 4 | | (n), and item (p) of Section 4A-101:
| 5 | | (1) The name and instrument of ownership in any | 6 | | entity doing business in
the State of Illinois, in | 7 | | which an ownership interest held by the person at
the | 8 | | date of filing is in excess of $5,000 fair market value | 9 | | or from which
dividends of in excess of $1,200 were | 10 | | derived during the preceding calendar
year. (In the | 11 | | case of real estate, location thereof shall be listed | 12 | | by
street address, or if none, then by legal | 13 | | description). No time or demand
deposit in a financial | 14 | | institution, nor any debt instrument need be listed;
| 15 | | (2) Except for professional service entities, the | 16 | | name of any entity and
any position held therein from | 17 | | which income of in excess of $1,200 was
derived during | 18 | | the preceding calendar year, if the entity does | 19 | | business in
the State of Illinois. No time or demand | 20 | | deposit in a financial
institution, nor any debt | 21 | | instrument need be listed.
| 22 | | (3) The identity of any compensated lobbyist with | 23 | | whom the person making
the statement maintains a close | 24 | | economic association, including the name of
the | 25 | | lobbyist and specifying the legislative matter or | 26 | | matters which are the
object of the lobbying activity, |
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| 1 | | and describing the general type of
economic activity of | 2 | | the client or principal on whose behalf that person is
| 3 | | lobbying.
| 4 | | (c) The following interests shall also be listed by | 5 | | persons listed in
items (g), (h), (i), and (o) of Section | 6 | | 4A-101:
| 7 | | (1) The name and instrument of ownership in any | 8 | | entity doing business
with a unit of local government | 9 | | in relation to which the person is
required to file if | 10 | | the ownership interest of the person filing is greater
| 11 | | than $5,000 fair market value as of the date of filing | 12 | | or if dividends in
excess of $1,200 were received from | 13 | | the entity during the preceding
calendar year. (In the | 14 | | case of real estate, location thereof shall be
listed | 15 | | by street address, or if none, then by legal | 16 | | description). No time
or demand deposit in a financial | 17 | | institution, nor any debt instrument need
be listed.
| 18 | | (2) Except for professional service entities, the | 19 | | name of any entity and
any position held therein from | 20 | | which income in excess of $1,200 was derived
during the | 21 | | preceding calendar year if the entity does business | 22 | | with a
unit of local government in relation to which | 23 | | the person is required to
file. No time or demand | 24 | | deposit in a financial institution, nor any debt
| 25 | | instrument need be listed.
| 26 | | (3) The name of any entity and the nature of the |
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| 1 | | governmental action
requested by any entity which has | 2 | | applied to a unit of local
government
in relation to | 3 | | which the person must file for any license, franchise | 4 | | or
permit for annexation, zoning or rezoning of real | 5 | | estate during the
preceding calendar year if the | 6 | | ownership interest of the person filing is
in excess of | 7 | | $5,000 fair market value at the time of filing or if | 8 | | income or
dividends in excess of $1,200 were received | 9 | | by the person filing from the
entity during the | 10 | | preceding calendar year.
| 11 | | For the purposes of this Section, the unit of local | 12 | | government in relation to which a person required to file under | 13 | | item (o) of Section 4A-101 shall be the unit of local | 14 | | government that contributes to the pension fund of which such | 15 | | person is a member of the board. | 16 | | (Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
| 17 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 18 | | Sec. 4A-103.
The statement of economic interests required | 19 | | by this Article to be filed
with the Secretary of State or | 20 | | county clerk shall be filled in by
typewriting or hand | 21 | | printing, shall be verified, dated, and signed by the
person | 22 | | making the statement and shall contain substantially the | 23 | | following:
| 24 | | STATEMENT OF ECONOMIC INTERESTS |
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| 1 | | INSTRUCTIONS: | 2 | | You may find the following documents helpful to you in | 3 | | completing this form: | 4 | | (1) federal income tax returns, including any related | 5 | | schedules, attachments, and forms; and | 6 | | (2) investment and brokerage statements. | 7 | | To complete this form, you do not need to disclose specific | 8 | | amounts or values or report interests relating either to | 9 | | political committees registered with the Illinois State Board | 10 | | of Elections or to political committees, principal campaign | 11 | | committees, or authorized committees registered with the | 12 | | Federal Election Commission. | 13 | | The information you disclose will be available to the | 14 | | public. | 15 | | You must answer all 6 questions. Certain questions will ask | 16 | | you to report any applicable assets or debts held in your name; | 17 | | held jointly with your spouse; or held jointly by you with your | 18 | | minor child. If you have any concerns about whether an interest | 19 | | should be reported, please consult your department's ethics | 20 | | officer, if applicable. | 21 | | Please ensure that the information you provide is complete | 22 | | and accurate. If you need more space than the form allows, | 23 | | please attach additional pages for your response. If you are | 24 | | subject to the State Officials and Employees Ethics Act, your | 25 | | ethics officer must review your statement of economic interests |
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| 1 | | before you file it. Failure to complete the statement in good | 2 | | faith and within the prescribed deadline may subject you to | 3 | | fines, imprisonment, or both. | 4 | | BASIC INFORMATION: | 5 | | Name: ....................................................... | 6 | | Job title: ................................................... | 7 | | Office, department, or agency that requires you to file this | 8 | | form: ........................................................ | 9 | | Other offices, departments, or agencies that require you to | 10 | | file a Statement of Economic Interests form: ................ | 11 | | Full mailing address: ....................................... | 12 | | Preferred e-mail address (optional) ......................... | 13 | | QUESTIONS: | 14 | | 1. If you have any single asset that was worth more than | 15 | | $25,000 as of the end of the preceding calendar year and is | 16 | | held in your name, held jointly by you with your spouse, or | 17 | | held jointly by you with your minor child,
list such assets | 18 | | below. In the case of investment real estate, list the city and | 19 | | state where the investment real estate is located. If you do | 20 | | not have any such assets, list "none" below. | 21 | | ............................................................. | 22 | | ............................................................. | 23 | | ............................................................. | 24 | | ............................................................. |
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| 1 | | ............................................................. | 2 | | 2. Excluding the position for which you are required to | 3 | | file this form, list the source of any income in excess of | 4 | | $10,000 in income as reported on your federal income tax return | 5 | | covering the preceding calendar year. If you sold an asset that | 6 | | produced more than $10,000 in capital gains in the preceding | 7 | | calendar year, list the name of the asset and the transaction | 8 | | date on which the sale or transfer took place. If you had no | 9 | | other sources of income exceeding $10,000, list "none" below. |
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10 | | Source of Income / Name of |
Date Sold (if applicable) |
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11 | | Asset | |
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12 | | ............................... |
............................... |
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13 | | ............................... |
............................... |
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14 | | ............................... |
............................... |
| 15 | | 3. Excluding debts incurred on terms available to the | 16 | | general public, such as mortgages, student loans, and credit | 17 | | card debts, if you owed any single debt in the preceding | 18 | | calendar year exceeding $25,000, list the creditor of the debt | 19 | | below. If you had no such debts, list "none" below. | 20 | | List the creditor for all applicable debts owed by you, | 21 | | owed jointly by you with your spouse, or owed jointly by you | 22 | | with your minor child. In addition to the types of debts listed | 23 | | above, you do not need to report any debts to or from financial | 24 | | institutions or government agencies, such as debts secured by | 25 | | automobiles, household furniture or appliances, as long as the |
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| 1 | | debt was made on terms available to the general public, debts | 2 | | to members of your family, or debts to or from a political | 3 | | committee registered with the Illinois State Board of Elections | 4 | | or any political committee, principal campaign committee, or | 5 | | authorized committee registered with the Federal Election | 6 | | Commission. | 7 | | ............................................................. | 8 | | ............................................................. | 9 | | ............................................................. | 10 | | ............................................................. | 11 | | 4. Excluding debts owed to you by members of your family or | 12 | | by a political committee, if there is any entity or person who | 13 | | owed any debt to you in the preceding calendar year exceeding | 14 | | $25,000, list the debtor below. If no such debts were owed to | 15 | | you, list "none" below. | 16 | | List the debtor for all applicable debts owed to you, owed | 17 | | jointly to you with your spouse, or owed jointly to you with | 18 | | your minor child. You do not need to report loans made to | 19 | | members of your family or to a political committee registered | 20 | | with the Illinois State Board of Elections or any political | 21 | | committee, principal campaign committee, or authorized | 22 | | committee registered with the Federal Election Commission. | 23 | | ............................................................. | 24 | | ............................................................. | 25 | | ............................................................. | 26 | | 5. If you maintain an economic relationship with a lobbyist |
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| 1 | | or if a member of your immediate family is known to you to be a | 2 | | lobbyist registered with any unit of government in the State of | 3 | | Illinois, list the name of the lobbyist below and identify the | 4 | | nature of your relationship with the lobbyist. If you do not | 5 | | have an economic relationship with a lobbyist, list "none" | 6 | | below. |
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7 | | Name of Lobbyist |
Relationship to Filer |
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8 | | ............................... |
............................... |
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9 | | ............................... |
............................... |
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10 | | ............................... |
............................... |
| 11 | | 6. List the name of any person, organization, or entity | 12 | | that was the source of a gift or gifts, or honorarium or | 13 | | honoraria, valued singly or in the aggregate in excess of | 14 | | $1,000 received during the preceding calendar year. | 15 | | ............................................................. | 16 | | ............................................................. | 17 | | ............................................................. | 18 | | VERIFICATION: | 19 | | "I declare that this statement of economic interests | 20 | | (including any attachments) has been examined by me and to the | 21 | | best of my knowledge and belief is a true, correct and complete | 22 | | statement of my economic interests as required by the Illinois | 23 | | Governmental Ethics Act. I understand that the penalty for | 24 | | willfully filing a false or incomplete statement is a fine not |
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| 1 | | to exceed $2,500 or imprisonment in a penal institution other | 2 | | than the penitentiary not to exceed one year, or both fine and | 3 | | imprisonment." | 4 | | Printed Name of Filer ........................................ | 5 | | Date ......................................................... | 6 | | Signature .................................................... | 7 | | If this statement of economic interests requires ethics officer | 8 | | review prior to filing, the applicable ethics officer must | 9 | | complete the following: | 10 | | CERTIFICATION OF ETHICS OFFICER REVIEW: | 11 | | "In accordance with law, as Ethics Officer, I reviewed this | 12 | | statement of economic interests prior to its filing." | 13 | | Printed Name of Ethics Officer ............................... | 14 | | Date ......................................................... | 15 | | Signature .................................................... | 16 | | Preferred e-mail address (optional) ......................... | 17 | | STATEMENT OF ECONOMIC INTEREST
| 18 | | (TYPE OR HAND PRINT)
| 19 | | .............................................................
| 20 | | (name)
| 21 | | .............................................................
| 22 | | (each office or position of employment for which this
statement | 23 | | is filed)
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| 1 | | .............................................................
| 2 | | (full mailing address)
| 3 | | GENERAL DIRECTIONS:
| 4 | | The interest (if constructively controlled by the person | 5 | | making the
statement) of a spouse or any other party, shall be | 6 | | considered to be the
same as the interest of the person making | 7 | | the statement.
| 8 | | Campaign receipts shall not be included in this statement.
| 9 | | If additional space is needed, please attach supplemental | 10 | | listing.
| 11 | | 1. List the name and instrument of ownership in any entity | 12 | | doing
business in the State of Illinois, in which the ownership | 13 | | interest held by
the person at the date of filing is in excess | 14 | | of $5,000 fair market value
or from which dividends in excess | 15 | | of $1,200 were derived during the
preceding calendar year. (In | 16 | | the case of real estate, location thereof
shall be listed by | 17 | | street address, or if none, then by legal description.)
No time | 18 | | or demand deposit in a financial institution, nor any debt
| 19 | | instrument need be listed.
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20 | | Business Entity |
Instrument of Ownership |
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21 | | ............................... |
............................... |
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22 | | ............................... |
............................... |
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23 | | ............................... |
............................... |
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24 | | ............................... |
............................... |
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25 | | 2. List the name, address and type of practice of any | 26 | | professional
organization in which the person making the |
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| 1 | | statement was an officer,
director, associate, partner or | 2 | | proprietor or served in any advisory
capacity, from which | 3 | | income in excess of $1,200 was derived during the
preceding | 4 | | calendar year.
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5 | | Name |
Address |
Type of Practice |
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6 | | .................... |
.................... |
..................... |
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7 | | .................... |
.................... |
..................... |
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8 | | .................... |
.................... |
..................... |
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9 | | 3. List the nature of professional services rendered (other | 10 | | than to the
State of Illinois) to each entity from which income | 11 | | exceeding $5,000 was
received for professional services | 12 | | rendered during the preceding calendar
year by the person | 13 | | making the statement.
| 14 | | .............................................................
| 15 | | .............................................................
| 16 | | 4. List the identity (including the address or legal | 17 | | description of real
estate) of any capital asset from which a | 18 | | capital gain of $5,000 or more
was realized during the | 19 | | preceding calendar year.
| 20 | | .............................................................
| 21 | | .............................................................
| 22 | | 5. List the identity of any compensated lobbyist with whom | 23 | | the person
making the statement maintains a close economic | 24 | | association, including the
name of the lobbyist and specifying | 25 | | the legislative matter or matters which
are the object of the | 26 | | lobbying activity, and describing the general type of
economic |
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| 1 | | activity of the client or principal on whose behalf that person | 2 | | is
lobbying.
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3 | | Lobbyist |
Legislative Matter |
Client or Principal |
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4 | | .................... |
.................... |
..................... |
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5 | | .................... |
.................... |
..................... |
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6 | | 6. List the name of any entity doing business in the State | 7 | | of Illinois
from which income in excess of $1,200 was derived | 8 | | during the preceding
calendar year other than for professional | 9 | | services and the title or
description of any position held in | 10 | | that entity. (In the case of real
estate, location thereof | 11 | | shall be listed by street address, or if none,
then by legal | 12 | | description). No time or demand deposit in a financial
| 13 | | institution nor any debt instrument need be listed.
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14 | | Entity |
Position Held |
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15 | | ............................... |
............................... |
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16 | | ............................... |
............................... |
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17 | | ............................... |
............................... |
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18 | | 7. List the name of any unit of government which employed | 19 | | the person
making the statement during the preceding calendar | 20 | | year other than the unit
or units
of government in relation to | 21 | | which the person is required to file.
| 22 | | .............................................................
| 23 | | .............................................................
| 24 | | 8. List the name of any entity from which a gift or gifts, | 25 | | or honorarium
or honoraria, valued singly or in the aggregate | 26 | | in excess of $500, was
received during the preceding calendar |
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| 1 | | year.
| 2 | | .............................................................
| 3 | | VERIFICATION:
| 4 | | "I declare that this statement of economic interests | 5 | | (including any
accompanying schedules and statements) has been | 6 | | examined by me and to the
best of my knowledge and belief is a | 7 | | true, correct and complete statement
of my economic interests | 8 | | as required by the Illinois Governmental Ethics
Act. I | 9 | | understand that the penalty for willfully filing a false or
| 10 | | incomplete statement shall be a fine not to exceed $1,000 or | 11 | | imprisonment
in a penal institution other than the penitentiary | 12 | | not to exceed one year,
or both fine and imprisonment."
| 13 | | ................ ..........................................
| 14 | | (date of filing) (signature of person making the statement)
| 15 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 16 | | (5 ILCS 420/4A-108) | 17 | | Sec. 4A-108. Internet-based systems of filing. | 18 | | (a) Notwithstanding any other provision of this Act or any | 19 | | other law, the Secretary of State and county clerks are | 20 | | authorized to institute an Internet-based system for the filing | 21 | | of statements of economic interests in their offices. With | 22 | | respect to county clerk systems, the determination to institute | 23 | | such a system shall be in the sole discretion of the county | 24 | | clerk and shall meet the requirements set out in this Section. | 25 | | With respect to a Secretary of State system, the determination |
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| 1 | | to institute such a system shall be in the sole discretion of | 2 | | the Secretary of State and shall meet the requirements set out | 3 | | in this Section and those Sections of the State Officials and | 4 | | Employees Ethics Act requiring ethics officer review prior to | 5 | | filing. The system shall be capable of allowing an ethics | 6 | | officer to approve a statement of economic interests and shall | 7 | | include a means to amend a statement of economic interests. | 8 | | When this Section does not modify or remove the requirements | 9 | | set forth elsewhere in this Article, those requirements shall | 10 | | apply to any system of Internet-based filing authorized by this | 11 | | Section. When this Section does modify or remove the | 12 | | requirements set forth elsewhere in this Article, the | 13 | | provisions of this Section shall apply to any system of | 14 | | Internet-based filing authorized by this Section. | 15 | | (b) In any system of Internet-based filing of statements of | 16 | | economic interests instituted by the Secretary of State or a | 17 | | county clerk: | 18 | | (1) Any filing of an Internet-based statement of | 19 | | economic interests shall be the equivalent of the filing of | 20 | | a verified, written statement of economic interests as | 21 | | required by Section 4A-101 and the equivalent of the filing | 22 | | of a verified, dated, and signed statement of economic | 23 | | interests as required by Section 4A-103 4A-104 . | 24 | | (2) The Secretary of State and county clerks who | 25 | | institute a system of Internet-based filing of statements | 26 | | of economic interests shall establish a password-protected |
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| 1 | | website to receive the filings of such statements. A | 2 | | website established under this Section shall set forth and | 3 | | provide a means of responding to the items set forth in | 4 | | Section 4A-103 4A-102 that are required of a person who | 5 | | files a statement of economic interests with that officer. | 6 | | A website established under this Section shall set forth | 7 | | and provide a means of generating a printable receipt page | 8 | | acknowledging filing. | 9 | | (3) The times for the filing of statements of economic | 10 | | interests set forth in Section 4A-105 shall be followed in | 11 | | any system of Internet-based filing of statements of | 12 | | economic interests; provided that a candidate for elective | 13 | | office who is required to file a statement of economic | 14 | | interests in relation to his or her candidacy pursuant to | 15 | | Section 4A-105(a) shall not use the Internet to file his or | 16 | | her statement of economic interests but shall file his or | 17 | | her statement of economic interests in a written or printed | 18 | | form and shall receive a written or printed receipt for his | 19 | | or her filing. | 20 | | A candidate filing for Governor, Lieutenant Governor, | 21 | | Attorney General, Secretary of State, Treasurer, | 22 | | Comptroller, State Senate, State House of Representatives, | 23 | | Supreme Court Judge, appellate court judge, or circuit | 24 | | court judge shall not use the Internet to file his or her | 25 | | statement of economic interests, but shall file his or her | 26 | | statement of economic interests in a written or printed |
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| 1 | | form and shall receive a written or printed receipt for his | 2 | | or her filing. Annually, the duly appointed ethics officer | 3 | | for each legislative caucus shall certify to the Secretary | 4 | | of State whether his or her caucus members will file their | 5 | | statements of economic interests electronically or in a | 6 | | written or printed format for that year. If the ethics | 7 | | officer for a caucus certifies that the statements of | 8 | | economic interests shall be written or printed, then | 9 | | members of the General Assembly of that caucus shall not | 10 | | use the Internet to file his or her statement of economic | 11 | | interests, but shall file his or her statement of economic | 12 | | interests in a written or printed form and shall receive a | 13 | | written or printed receipt for his or her filing. If no | 14 | | certification is made by an ethics officer for a | 15 | | legislative caucus, or if a member of the General Assembly | 16 | | is not affiliated with a legislative caucus, then the | 17 | | affected member or members of the General Assembly may file | 18 | | their statements of economic interests using the Internet. | 19 | | (4) In the first year of the implementation of a system | 20 | | of Internet-based filing of statements of economic | 21 | | interests, each person required to file such a statement is | 22 | | to be notified in writing of his or her obligation to file | 23 | | his or her statement of economic interests by way of the | 24 | | Internet-based system. If access to the web site requires a | 25 | | code or password, this information shall be included in the | 26 | | notice prescribed by this paragraph. |
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| 1 | | (5) When a person required to file a statement of | 2 | | economic interests has supplied the Secretary of State or a | 3 | | county clerk, as applicable, with an email address for the | 4 | | purpose of receiving notices under this Article by email, a | 5 | | notice sent by email to the supplied email address shall be | 6 | | the equivalent of a notice sent by first class mail, as set | 7 | | forth in Section 4A-106. A person who has supplied such an | 8 | | email address shall notify the Secretary of State or county | 9 | | clerk, as applicable, when his or her email address changes | 10 | | or if he or she no longer wishes to receive notices by | 11 | | email. | 12 | | (6) If any person who is required to file a statement | 13 | | of economic interests and who has chosen to receive notices | 14 | | by email fails to file his or her statement by May 10, then | 15 | | the Secretary of State or county clerk, as applicable, | 16 | | shall send an additional email notice on that date, | 17 | | informing the person that he or she has not filed and | 18 | | describing the penalties for late filing and failing to | 19 | | file. This notice shall be in addition to other notices | 20 | | provided for in this Article. | 21 | | (7) The Secretary of State and each county clerk who | 22 | | institutes a system of Internet-based filing of statements | 23 | | of economic interests may also institute an Internet-based | 24 | | process for the filing of the list of names and addresses | 25 | | of persons required to file statements of economic | 26 | | interests by the chief administrative officers that must |
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| 1 | | file such information with the Secretary of State or county | 2 | | clerk, as applicable, pursuant to Section 4A-106. Whenever | 3 | | the Secretary of State or a county clerk institutes such a | 4 | | system under this paragraph, every chief administrative | 5 | | officer must use the system to file this information. | 6 | | (8) The Secretary of State and any county clerk who | 7 | | institutes a system of Internet-based filing of statements | 8 | | of economic interests shall post the contents of such | 9 | | statements filed with him or her available for inspection | 10 | | and copying on a publicly accessible website. Such postings | 11 | | shall not include the addresses or signatures of the | 12 | | filers.
| 13 | | (Source: P.A. 99-108, eff. 7-22-15.)
| 14 | | (5 ILCS 420/4A-104 rep.)
| 15 | | Section 10. The Illinois Governmental Ethics Act is amended | 16 | | by repealing Section 4A-104. | 17 | | Section 15. The Lobbyist Registration Act is amended by | 18 | | changing Section 6 as follows: | 19 | | (25 ILCS 170/6) (from Ch. 63, par. 176) | 20 | | Sec. 6. Reports. | 21 | | (a) Lobbyist reports. Except as otherwise provided in this | 22 | | Section, every lobbyist registered under this Act who is solely | 23 | | employed by a lobbying entity
shall file an affirmation, |
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| 1 | | verified under
oath pursuant to Section 1-109 of the Code of | 2 | | Civil Procedure, with
the
Secretary of
State attesting to the | 3 | | accuracy of any reports filed pursuant to subsection (b) as | 4 | | those reports pertain to work performed by the lobbyist. Any | 5 | | lobbyist registered under this Act who is not solely employed | 6 | | by a lobbying entity shall personally file reports required of | 7 | | lobbying entities pursuant to subsection (b). A lobbyist may, | 8 | | if authorized so to do by a lobbying entity by whom he or she is | 9 | | employed or retained, file lobbying entity reports pursuant to | 10 | | subsection (b) provided that the lobbying entity may delegate | 11 | | the filing of the lobbying entity report to only one lobbyist | 12 | | in any reporting period.
| 13 | | (b) Lobbying entity reports. Every lobbying entity | 14 | | registered under this Act shall report expenditures related to | 15 | | lobbying. The report shall itemize each individual expenditure | 16 | | or transaction
and shall include the name of the official on | 17 | | whose behalf the
expenditure
was made, the name of the client | 18 | | if the expenditure was made on behalf of a client, the
total | 19 | | amount of the expenditure, a description of the expenditure, | 20 | | the vendor or purveyor to whom the expenditure was made | 21 | | (including the address or location of the expenditure), the | 22 | | date on which the expenditure occurred and
the subject matter | 23 | | of the lobbying activity, if any.
For those expenditures made | 24 | | on behalf of a client, if the client is a client registrant, | 25 | | the report shall also include the name and address of the | 26 | | client or clients of the client registrant or the official or |
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| 1 | | officials on whose behalf the expenditure ultimately was made. | 2 | | Each expenditure required to be reported shall include all | 3 | | expenses made for or on behalf of an official or his or her | 4 | | immediate family member living with the official. | 5 | | (b-1) The report shall include any change or addition to | 6 | | the client list information, required in Section 5 for | 7 | | registration, since the last report, including the names and | 8 | | addresses of all clients who retained the lobbying entity | 9 | | together with an itemized description for each client of the | 10 | | following: (1) lobbying regarding executive action, including | 11 | | the name of any executive agency lobbied and the subject | 12 | | matter; (2) lobbying regarding legislative action, including | 13 | | the General Assembly and any other agencies lobbied and the | 14 | | subject matter; and (3) lobbying regarding administrative | 15 | | action, including the agency lobbied and the subject matter. | 16 | | Registrants who made no reportable expenditures during a | 17 | | reporting period shall file a report stating that no | 18 | | expenditures were incurred.
| 19 | | (b-2) Expenditures attributable to lobbying officials | 20 | | shall be listed and reported
according to the following | 21 | | categories:
| 22 | | (1) Travel and lodging on behalf of others, including, | 23 | | but not limited to, all travel and living accommodations | 24 | | made for or on behalf of State officials during sessions of | 25 | | the General Assembly.
| 26 | | (2) Meals, beverages and other entertainment.
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| 1 | | (3) Gifts (indicating which, if any, are on the basis | 2 | | of personal friendship).
| 3 | | (4) Honoraria.
| 4 | | (5) Any other thing or service of value not listed | 5 | | under categories (1) through (4), setting forth a | 6 | | description of the expenditure.
The category travel and | 7 | | lodging includes, but is not limited to, all travel and | 8 | | living accommodations made for or on behalf of State | 9 | | officials in the State capital during sessions of the | 10 | | General Assembly.
| 11 | | (b-3) If expenditures are Expenditures incurred for | 12 | | hosting receptions, benefits , and other large
gatherings held | 13 | | for purposes of goodwill or otherwise to influence executive,
| 14 | | legislative , or administrative action and if the total number | 15 | | of State officials invited to such an event is equal to or | 16 | | greater than the number of State legislators in the smaller | 17 | | minority caucus of either the House of Representatives or the | 18 | | Senate, as defined in the rules of those chambers, then to | 19 | | which there are 25 or more State
officials invited shall be | 20 | | reported listing only the total amount of
the
expenditure, the | 21 | | date of the event, and the estimated number of officials in
| 22 | | attendance shall be reported .
| 23 | | (b-7) Matters excluded from reports. The following items | 24 | | need not be included in the report: | 25 | | (1) Reasonable and bona fide expenditures made by the | 26 | | registrant
who is a member of a legislative or State study |
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| 1 | | commission or committee while
attending and participating | 2 | | in meetings and hearings of such commission or
committee.
| 3 | | (2) Reasonable and bona fide expenditures made by the | 4 | | registrant for personal
sustenance, lodging, travel, | 5 | | office expenses and clerical or support staff.
| 6 | | (3) Salaries, fees, and other compensation paid to
the | 7 | | registrant
for the
purposes of lobbying.
| 8 | | (4) Any contributions required to be reported under | 9 | | Article 9 of the Election
Code.
| 10 | | (5) Expenditures made by a registrant on behalf of an | 11 | | official that are returned or reimbursed prior to the | 12 | | deadline for submission of the report. | 13 | | (c)
A registrant who terminates employment or duties which | 14 | | required him or her to
register under this Act shall give the | 15 | | Secretary of State, within 30 days after
the date of such | 16 | | termination, written notice of such termination and shall
| 17 | | include therewith a report of the expenditures described | 18 | | herein, covering the
period of time since the filing of his or | 19 | | her last report to the date of termination
of employment. Such | 20 | | notice and report shall be final and relieve such
registrant of | 21 | | further reporting under this Act, unless and until he or she | 22 | | later takes
employment or assumes duties requiring him or her | 23 | | to again register under this Act.
| 24 | | (d) Failure to file any such report within the time | 25 | | designated or the
reporting of incomplete information shall | 26 | | constitute a violation of this Act.
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| 1 | | A registrant shall preserve for a period of 2 years all | 2 | | receipts and records
used in preparing reports under this Act.
| 3 | | (e) Within 30 days after a filing deadline or as provided | 4 | | by rule, the lobbyist shall notify each
official on whose | 5 | | behalf an expenditure has been reported. Notification shall
| 6 | | include the name of the registrant, the total amount of the | 7 | | expenditure, a description of the expenditure, the
date on | 8 | | which the expenditure occurred, and the subject matter of the | 9 | | lobbying
activity.
| 10 | | (f) A report for the period beginning January 1, 2010 and | 11 | | ending on June 30, 2010 shall be filed no later than July 15, | 12 | | 2010, and a report for the period beginning July 1, 2010 and | 13 | | ending on December 31, 2010 shall be filed no later than | 14 | | January 15, 2011. Beginning January 1, 2011, reports shall be | 15 | | filed semi-monthly as follows: (i) for the period beginning the | 16 | | first day of the month through the 15th day of the month, the | 17 | | report shall be filed no later than the 20th day of the month | 18 | | and (ii) for the period beginning on the 16th day of the month | 19 | | through the last day of the month, the report shall be filed no | 20 | | later than the 5th day of the following month. A report filed | 21 | | under this Act is due in the Office of the Secretary of State | 22 | | no later than the close of business on the date on which it is | 23 | | required to be filed. | 24 | | (g) All reports filed under this Act shall be filed in a | 25 | | format or on forms prescribed by the Secretary of State.
| 26 | | (Source: P.A. 98-459, eff. 1-1-14.) |
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| 1 | | Section 98. Applicability. The provisions of this | 2 | | amendatory Act of the 100th General Assembly concerning | 3 | | statements of economic interests shall apply to statements of | 4 | | economic interests filed in 2019 and for each year thereafter. | 5 | | Any statement of economic interest filed prior to 2019 shall | 6 | | apply the law in effect before the effective date of this | 7 | | amendatory Act of the 100th General Assembly.
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2018, except that Section 15 and this Section take effect | 10 | | upon becoming law. |
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