Full Text of HB1777 100th General Assembly
HB1777 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB1777 Introduced , by Rep. Robert Martwick 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 |
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Amends the Illinois Governmental Ethics Act. Requires anyone required to file a disclosure under the Act to disclose the name and location of any and all assets held outside the United States from which income in excess of $5,000 was derived during the preceding calendar year; the name of any country where the person making the statement filed an international individual income tax return during the preceding calendar year and the international individual income tax liability; and the name and country of any professional organization which filed an international corporate income tax return during the preceding calendar year in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity as well as the amount of income tax liability. Sets forth certain requirements and forms. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 4A-102 and 4A-103 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. Campaign receipts shall not be included in this | 14 | | statement.
| 15 | | (a) The following interests shall be listed by all | 16 | | persons required to
file:
| 17 | | (1) The name, address and type of practice of any | 18 | | professional
organization or individual professional | 19 | | practice in which the person making
the statement was | 20 | | an officer, director, associate, partner or | 21 | | proprietor,
or served in any advisory capacity, from | 22 | | which income in excess of $1200
was derived during the | 23 | | preceding calendar year;
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| 1 | | (2) The nature of professional services (other | 2 | | than services rendered to
the unit or units of | 3 | | government in relation to which the person is required
| 4 | | to file)
and the nature of the entity to which they | 5 | | were rendered if fees exceeding
$5,000 were received | 6 | | during the preceding calendar year from the entity for
| 7 | | professional services rendered by the person making | 8 | | the statement.
| 9 | | (3) The identity (including the address or legal | 10 | | description of real
estate) of any capital asset from | 11 | | which a capital gain of $5,000 or more
was realized in | 12 | | the preceding calendar year.
| 13 | | (4) The name of any unit of government which has | 14 | | employed the person
making the statement during the | 15 | | preceding calendar year other than the unit
or units of | 16 | | government in relation to which the person is required | 17 | | to file.
| 18 | | (5) The name of any entity from which a gift or | 19 | | gifts, or honorarium or
honoraria, valued singly or in | 20 | | the aggregate in excess of $500, was
received during | 21 | | the preceding calendar year.
| 22 | | (b) The following interests shall also be listed by | 23 | | persons listed in
items (a) through (f), item (l), item | 24 | | (n), and item (p) of Section 4A-101:
| 25 | | (1) The name and instrument of ownership in any | 26 | | entity doing business in
the State of Illinois, in |
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| 1 | | which an ownership interest held by the person at
the | 2 | | date of filing is in excess of $5,000 fair market value | 3 | | or from which
dividends of in excess of $1,200 were | 4 | | derived during the preceding calendar
year. (In the | 5 | | case of real estate, location thereof shall be listed | 6 | | by
street address, or if none, then by legal | 7 | | description). No time or demand
deposit in a financial | 8 | | institution, nor any debt instrument need be listed;
| 9 | | (2) Except for professional service entities, the | 10 | | name of any entity and
any position held therein from | 11 | | which income of in excess of $1,200 was
derived during | 12 | | the preceding calendar year, if the entity does | 13 | | business in
the State of Illinois. No time or demand | 14 | | deposit in a financial
institution, nor any debt | 15 | | instrument need be listed.
| 16 | | (3) The identity of any compensated lobbyist with | 17 | | whom the person making
the statement maintains a close | 18 | | economic association, including the name of
the | 19 | | lobbyist and specifying the legislative matter or | 20 | | matters which are the
object of the lobbying activity, | 21 | | and describing the general type of
economic activity of | 22 | | the client or principal on whose behalf that person is
| 23 | | lobbying. | 24 | | (4) The name and location of any and all assets | 25 | | held outside the United States from which income in | 26 | | excess of $5,000 was derived during the preceding |
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| 1 | | calendar year. If the asset is held by a financial | 2 | | institution, the name of the financial institution and | 3 | | the city and country where the asset is held shall be | 4 | | disclosed. In the case of real estate, the location | 5 | | thereof shall be listed by street address or, if none, | 6 | | then by legal description, including the city and | 7 | | country. | 8 | | (5) The name of any country (other than the United | 9 | | States) where the person making the statement filed an | 10 | | international individual income tax return during the | 11 | | preceding calendar year and the international | 12 | | individual income tax liability, in United States | 13 | | dollars, of the person making the statement to the | 14 | | foreign country. If the person making the statement | 15 | | filed an international individual income tax return in | 16 | | a particular foreign country, but had no international | 17 | | individual income tax liability to the foreign | 18 | | country, the name of the country must still be | 19 | | disclosed and the international individual income tax | 20 | | liability shall be listed as "$0.00." | 21 | | (6) The name and country (other than the United | 22 | | States) of any professional organization in which the | 23 | | person making the statement was an officer, director, | 24 | | associate, partner, or proprietor or served in any | 25 | | advisory capacity and which filed an international | 26 | | corporate income tax return during the preceding |
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| 1 | | calendar year, and the international corporate income | 2 | | tax liability, in United States dollars, of the | 3 | | professional organization in which the person making | 4 | | the statement was an officer, director, associate, | 5 | | partner, or proprietor or served in any advisory | 6 | | capacity. If the professional organization in which | 7 | | the person making the statement was an officer, | 8 | | director, associate, partner, or proprietor or served | 9 | | in any advisory capacity filed an international | 10 | | corporate income tax return in a particular foreign | 11 | | country, but had no international corporate income tax | 12 | | liability to that foreign country, the name of the | 13 | | country must still be disclosed and the international | 14 | | corporate income tax liability shall be listed as | 15 | | "$0.00."
| 16 | | (c) The following interests shall also be listed by | 17 | | persons listed in
items (g), (h), (i), and (o) of Section | 18 | | 4A-101:
| 19 | | (1) The name and instrument of ownership in any | 20 | | entity doing business
with a unit of local government | 21 | | in relation to which the person is
required to file if | 22 | | the ownership interest of the person filing is greater
| 23 | | than $5,000 fair market value as of the date of filing | 24 | | or if dividends in
excess of $1,200 were received from | 25 | | the entity during the preceding
calendar year. (In the | 26 | | case of real estate, location thereof shall be
listed |
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| 1 | | by street address, or if none, then by legal | 2 | | description). No time
or demand deposit in a financial | 3 | | institution, nor any debt instrument need
be listed.
| 4 | | (2) Except for professional service entities, the | 5 | | name of any entity and
any position held therein from | 6 | | which income in excess of $1,200 was derived
during the | 7 | | preceding calendar year if the entity does business | 8 | | with a
unit of local government in relation to which | 9 | | the person is required to
file. No time or demand | 10 | | deposit in a financial institution, nor any debt
| 11 | | instrument need be listed.
| 12 | | (3) The name of any entity and the nature of the | 13 | | governmental action
requested by any entity which has | 14 | | applied to a unit of local
government
in relation to | 15 | | which the person must file for any license, franchise | 16 | | or
permit for annexation, zoning or rezoning of real | 17 | | estate during the
preceding calendar year if the | 18 | | ownership interest of the person filing is
in excess of | 19 | | $5,000 fair market value at the time of filing or if | 20 | | income or
dividends in excess of $1,200 were received | 21 | | by the person filing from the
entity during the | 22 | | preceding calendar year.
| 23 | | For the purposes of this Section, the unit of local | 24 | | government in relation to which a person required to file under | 25 | | item (o) of Section 4A-101 shall be the unit of local | 26 | | government that contributes to the pension fund of which such |
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| 1 | | person is a member of the board. | 2 | | (Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
| 3 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 4 | | Sec. 4A-103.
The statement of economic interests required | 5 | | by this Article to be filed
with the Secretary of State shall | 6 | | be filled in by
typewriting or hand printing, shall be | 7 | | verified, dated, and signed by the
person making the statement | 8 | | and shall contain substantially the following:
| 9 | | STATEMENT OF ECONOMIC INTEREST
| 10 | | (TYPE OR HAND PRINT)
| 11 | | .............................................................
| 12 | | (name)
| 13 | | .............................................................
| 14 | | (each office or position of employment for which this
statement | 15 | | is filed)
| 16 | | .............................................................
| 17 | | (full mailing address)
| 18 | | GENERAL DIRECTIONS:
| 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.
| 23 | | Campaign receipts shall not be included in this statement.
| 24 | | If additional space is needed, please attach supplemental | 25 | | listing.
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| 1 | | 1. List the name and instrument of ownership in any entity | 2 | | doing
business in the State of Illinois, in which the ownership | 3 | | interest held by
the person at the date of filing is in excess | 4 | | of $5,000 fair market value
or from which dividends in excess | 5 | | of $1,200 were derived during the
preceding calendar year. (In | 6 | | the case of real estate, location thereof
shall be listed by | 7 | | street address, or if none, then by legal description.)
No time | 8 | | or demand deposit in a financial institution, nor any debt
| 9 | | instrument need be listed.
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10 | | Business Entity |
Instrument of Ownership |
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11 | | ............................... |
............................... |
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12 | | ............................... |
............................... |
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13 | | ............................... |
............................... |
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14 | | ............................... |
............................... |
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15 | | 2. List the name, address and type of practice of any | 16 | | professional
organization in which the person making the | 17 | | statement was an officer,
director, associate, partner or | 18 | | proprietor or served in any advisory
capacity, from which | 19 | | income in excess of $1,200 was derived during the
preceding | 20 | | calendar year.
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21 | | Name |
Address |
Type of Practice |
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22 | | .................... |
.................... |
..................... |
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23 | | .................... |
.................... |
..................... |
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24 | | .................... |
.................... |
..................... |
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25 | | 3. List the nature of professional services rendered (other | 26 | | than to the
State of Illinois) to each entity from which income |
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| 1 | | exceeding $5,000 was
received for professional services | 2 | | rendered during the preceding calendar
year by the person | 3 | | making the statement.
| 4 | | .............................................................
| 5 | | .............................................................
| 6 | | 4. List the identity (including the address or legal | 7 | | description of real
estate) of any capital asset from which a | 8 | | capital gain of $5,000 or more
was realized during the | 9 | | preceding calendar year.
| 10 | | .............................................................
| 11 | | .............................................................
| 12 | | 5. List the identity of any compensated lobbyist with whom | 13 | | the person
making the statement maintains a close economic | 14 | | association, including the
name of the lobbyist and specifying | 15 | | the legislative matter or matters which
are the object of the | 16 | | lobbying activity, and describing the general type of
economic | 17 | | activity of the client or principal on whose behalf that person | 18 | | is
lobbying.
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19 | | Lobbyist |
Legislative Matter |
Client or Principal |
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20 | | .................... |
.................... |
..................... |
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21 | | .................... |
.................... |
..................... |
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22 | | 6. List the name of any entity doing business in the State | 23 | | of Illinois
from which income in excess of $1,200 was derived | 24 | | during the preceding
calendar year other than for professional | 25 | | services and the title or
description of any position held in | 26 | | that entity. (In the case of real
estate, location thereof |
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| 1 | | shall be listed by street address, or if none,
then by legal | 2 | | description). No time or demand deposit in a financial
| 3 | | institution nor any debt instrument need be listed.
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4 | | Entity |
Position Held |
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5 | | ............................... |
............................... |
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6 | | ............................... |
............................... |
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7 | | ............................... |
............................... |
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8 | | 7. List the name of any unit of government which employed | 9 | | the person
making the statement during the preceding calendar | 10 | | year other than the unit
or units
of government in relation to | 11 | | which the person is required to file.
| 12 | | .............................................................
| 13 | | .............................................................
| 14 | | 8. List the name of any entity from which a gift or gifts, | 15 | | or honorarium
or honoraria, valued singly or in the aggregate | 16 | | in excess of $500, was
received during the preceding calendar | 17 | | year.
| 18 | | .............................................................
| 19 | | 9. List the name and location of any and all assets held | 20 | | outside the United States from which income in excess of $5,000 | 21 | | was derived during the preceding calendar year. If the asset is | 22 | | held by a financial institution, the name of the financial | 23 | | institution and the city and country where the asset is held | 24 | | shall be disclosed. In the case of real estate, the location | 25 | | thereof shall be listed by street address or, if none, then by | 26 | | legal description, including the city and country. | |
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| 1 | | Name |
Location (city and country) |
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2 | | ............................... |
............................... |
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3 | | ............................... |
............................... |
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4 | | ............................... |
............................... |
| 5 | | 10. List the name of any country (other than the United | 6 | | States) where the person making the statement filed an | 7 | | international individual income tax return during the | 8 | | preceding calendar year and the international individual | 9 | | income tax liability, in United States dollars, of the person | 10 | | making the statement to the foreign country. If the person | 11 | | making the statement filed an international individual income | 12 | | tax return in a particular foreign country, but had no | 13 | | international individual income tax liability to the foreign | 14 | | country, state the name of the country, and list "$0.00" for | 15 | | that foreign country's international individual income tax | 16 | | liability. |
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17 | | Country |
Income Tax Liability (in USD) |
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18 | | ............................... |
............................... |
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19 | | ............................... |
............................... |
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20 | | ............................... |
............................... |
| 21 | | 11. List the name and country (other than the United | 22 | | States) of any professional organization in which the person | 23 | | making the statement was an officer, director, associate, | 24 | | partner, or proprietor or served in any advisory capacity and | 25 | | which filed an international corporate income tax return during | 26 | | the preceding calendar year, and the international corporate |
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| 1 | | income tax liability, in United States dollars, of the | 2 | | professional organization in which the person making the | 3 | | statement was an officer, director, associate, partner, or | 4 | | proprietor or served in any advisory capacity. If the | 5 | | professional organization in which the person making the | 6 | | statement was an officer, director, associate, partner, or | 7 | | proprietor or served in any advisory capacity filed an | 8 | | international corporate income tax return in a particular | 9 | | foreign country, but had no international corporate income tax | 10 | | liability to that foreign country, state the name of the | 11 | | country, and list "$0.00" for that foreign country's | 12 | | international corporate income tax liability. |
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13 | | Name | Country |
Income Tax Liability |
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14 | | | | (in USD) |
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15 | | ................ | ................ |
............................... |
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16 | | ................ | ................ |
............................... |
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17 | | ................ | ................ |
............................... |
| 18 | | VERIFICATION:
| 19 | | "I declare that this statement of economic interests | 20 | | (including any
accompanying schedules and statements) has been | 21 | | examined by me and to the
best of my knowledge and belief is a | 22 | | true, correct and complete statement
of my economic interests | 23 | | as required by the Illinois Governmental Ethics
Act. I | 24 | | understand that the penalty for willfully filing a false or
| 25 | | incomplete statement shall be a fine not to exceed $1,000 or | 26 | | imprisonment
in a penal institution other than the penitentiary |
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| 1 | | not to exceed one year,
or both fine and imprisonment."
| 2 | | ................ ..........................................
| 3 | | (date of filing) (signature of person making the statement)
| 4 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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