Full Text of HB5370 101st General Assembly
HB5370 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5370 Introduced , by Rep. Blaine Wilhour 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 |
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Amends the Illinois Governmental Ethics Act. Provides additional required economic interests to be listed by specified persons on a statement of economic interests filed under the Act. Defines "relative".
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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, 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. 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 | | (6) The names of all businesses with which the | 23 | | person is associated. | 24 | | (7) All sources of income, including the name of | 25 | | each employer with a description of each source in | 26 | | excess of $1,000, without specifying amounts of |
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| 1 | | income. | 2 | | (8) The name of securities in excess of $5,000 at | 3 | | fair market value owned by the person, his or her | 4 | | spouse, or a relative, or held in the name of a | 5 | | corporation, partnership, or trust for the benefit of | 6 | | the person, his or her spouse, or a relative. | 7 | | (9) The existence of any known blind trust and the | 8 | | names of the trustees. | 9 | | (10) All real property and its location, whether | 10 | | owned by the person, his or her spouse, or a relative, | 11 | | or held in the name of a corporation, partnership, or | 12 | | trust for the benefit of the person, his or her spouse, | 13 | | or a relative. | 14 | | (11) The names and addresses of creditors to whom | 15 | | the person, his or her spouse, or a relative, | 16 | | individually, owed debts of more than $10,000.
| 17 | | (b) The following interests shall also be listed by | 18 | | persons listed in
items (a) through (f), item (l), item | 19 | | (n), and item (p) of Section 4A-101:
| 20 | | (1) The name and instrument of ownership in any | 21 | | entity doing business in
the State of Illinois, in | 22 | | which an ownership interest held by the person at
the | 23 | | date of filing is in excess of $5,000 fair market value | 24 | | or from which
dividends of in excess of $1,200 were | 25 | | derived 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 of in excess of $1,200 was
derived during | 7 | | the preceding calendar year, if the entity does | 8 | | business in
the State of Illinois. No time or demand | 9 | | deposit in a financial
institution, nor any debt | 10 | | instrument need be listed.
| 11 | | (3) The identity of any compensated lobbyist with | 12 | | whom the person making
the statement maintains a close | 13 | | economic association, including the name of
the | 14 | | lobbyist and specifying the legislative matter or | 15 | | matters which are the
object of the lobbying activity, | 16 | | and describing the general type of
economic activity of | 17 | | the client or principal on whose behalf that person is
| 18 | | lobbying.
| 19 | | (4) Any leases or contracts with the State held or | 20 | | entered into by the person making the statement or a | 21 | | business with which he or she is associated. | 22 | | (5) A description of any partnership, joint | 23 | | ownership, or similar business affiliation between: | 24 | | (i) a business that is associated with the person | 25 | | making the statement, the person's spouse, or a | 26 | | relative of the person; and (ii) a person who is |
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| 1 | | registered under the Lobbyist Registration Act or a | 2 | | person that the person making the statement knows or | 3 | | reasonably should have known is doing business with or | 4 | | seeking to do business with the State. | 5 | | (c) The following interests shall also be listed by | 6 | | persons listed in
items (a) through (c) and item (e) of | 7 | | Section 4A-101.5:
| 8 | | (1) The name and instrument of ownership in any | 9 | | entity doing business
with a unit of local government | 10 | | in relation to which the person is
required to file if | 11 | | the ownership interest of the person filing is greater
| 12 | | than $5,000 fair market value as of the date of filing | 13 | | or if dividends in
excess of $1,200 were received from | 14 | | the entity during the preceding
calendar year. (In the | 15 | | case of real estate, location thereof shall be
listed | 16 | | by street address, or if none, then by legal | 17 | | description). No time
or demand deposit in a financial | 18 | | institution, nor any debt instrument need
be listed.
| 19 | | (2) Except for professional service entities, the | 20 | | name of any entity and
any position held therein from | 21 | | which income in excess of $1,200 was derived
during the | 22 | | preceding calendar year if the entity does business | 23 | | with a
unit of local government in relation to which | 24 | | the person is required to
file. No time or demand | 25 | | deposit in a financial institution, nor any debt
| 26 | | instrument need be listed.
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| 1 | | (3) The name of any entity and the nature of the | 2 | | governmental action
requested by any entity which has | 3 | | applied to a unit of local
government
in relation to | 4 | | which the person must file for any license, franchise | 5 | | or
permit for annexation, zoning or rezoning of real | 6 | | estate during the
preceding calendar year if the | 7 | | ownership interest of the person filing is
in excess of | 8 | | $5,000 fair market value at the time of filing or if | 9 | | income or
dividends in excess of $1,200 were received | 10 | | by the person filing from the
entity during the | 11 | | preceding calendar year.
| 12 | | (d) The statement of economic interests filed under | 13 | | this Section shall be a matter of public information, | 14 | | except that the list of names filed in accordance with item | 15 | | (vi) of subsection (a-5) shall be sealed and confidential | 16 | | and for
the use of the Secretary of State or the county | 17 | | clerk with whom the statement was filed, unless a claim of | 18 | | misconduct merits the disclosure of such information. | 19 | | For the purposes of this Section, the unit of local | 20 | | government in relation to which a person required to file under | 21 | | item (e) of Section 4A-101.5 shall be the unit of local | 22 | | government that contributes to the pension fund of which such | 23 | | person is a member of the board. | 24 | | For the purposes of this Section, "relative" means a person | 25 | | who is related to the person making the statement under this | 26 | | Section as a spouse or as any of the following, whether by |
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| 1 | | blood or by adoption: parent, child, brother or sister, aunt or | 2 | | uncle, niece or nephew, grandparent, grandchild, | 3 | | father-in-law, mother-in-law, son-in-law, daughter-in-law, | 4 | | brother-in-law, sister-in-law, stepfather or stepmother, | 5 | | stepson or stepdaughter, stepbrother or stepsister, or | 6 | | half-brother or half-sister. | 7 | | (Source: P.A. 101-221, eff. 8-9-19.)
| 8 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 9 | | Sec. 4A-103.
The statement of economic interests required | 10 | | by this Article to be filed
with the Secretary of State shall | 11 | | be filled in by
typewriting or hand printing, shall be | 12 | | verified, dated, and signed by the
person making the statement | 13 | | and shall contain substantially the following:
| 14 | | STATEMENT OF ECONOMIC INTEREST
| 15 | | (TYPE OR HAND PRINT)
| 16 | | .............................................................
| 17 | | (name)
| 18 | | .............................................................
| 19 | | (each office or position of employment for which this
statement | 20 | | is filed)
| 21 | | .............................................................
| 22 | | (full mailing address)
| 23 | | GENERAL DIRECTIONS:
| 24 | | The interest (if constructively controlled by the person | 25 | | making the
statement) of a spouse or any other party, shall be |
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| 1 | | considered to be the
same as the interest of the person making | 2 | | the statement.
| 3 | | Campaign receipts shall not be included in this statement.
| 4 | | If additional space is needed, please attach supplemental | 5 | | listing.
| 6 | | 1. List the name and instrument of ownership in any entity | 7 | | doing
business in the State of Illinois, in which the ownership | 8 | | interest held by
the person at the date of filing is in excess | 9 | | of $5,000 fair market value
or from which dividends in excess | 10 | | of $1,200 were derived during the
preceding calendar year. (In | 11 | | the case of real estate, location thereof
shall be listed by | 12 | | street address, or if none, then by legal description.)
No time | 13 | | or demand deposit in a financial institution, nor any debt
| 14 | | instrument need be listed.
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15 | | Business Entity |
Instrument of Ownership |
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16 | | ............................... |
............................... |
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17 | | ............................... |
............................... |
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18 | | ............................... |
............................... |
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19 | | ............................... |
............................... |
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20 | | 2. List the name, address and type of practice of any | 21 | | professional
organization in which the person making the | 22 | | statement was an officer,
director, associate, partner or | 23 | | proprietor or served in any advisory
capacity, from which | 24 | | income in excess of $1,200 was derived during the
preceding | 25 | | calendar year.
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26 | | Name |
Address |
Type of Practice |
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| 1 | | .................... |
.................... |
..................... |
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2 | | .................... |
.................... |
..................... |
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3 | | .................... |
.................... |
..................... |
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4 | | 3. List the nature of professional services rendered (other | 5 | | than to the
State of Illinois) to each entity from which income | 6 | | exceeding $5,000 was
received for professional services | 7 | | rendered during the preceding calendar
year by the person | 8 | | making the statement.
| 9 | | .............................................................
| 10 | | .............................................................
| 11 | | 4. List the identity (including the address or legal | 12 | | description of real
estate) of any capital asset from which a | 13 | | capital gain of $5,000 or more
was realized during the | 14 | | preceding calendar year.
| 15 | | .............................................................
| 16 | | .............................................................
| 17 | | 5. List the identity of any compensated lobbyist with whom | 18 | | the person
making the statement maintains a close economic | 19 | | association, including the
name of the lobbyist and specifying | 20 | | the legislative matter or matters which
are the object of the | 21 | | lobbying activity, and describing the general type of
economic | 22 | | activity of the client or principal on whose behalf that person | 23 | | is
lobbying.
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24 | | Lobbyist |
Legislative Matter |
Client or Principal |
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25 | | .................... |
.................... |
..................... |
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26 | | .................... |
.................... |
..................... |
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| 1 | | 6. List the name of any entity doing business in the State | 2 | | of Illinois
from which income in excess of $1,200 was derived | 3 | | during the preceding
calendar year other than for professional | 4 | | services and the title or
description of any position held in | 5 | | that entity. (In the case of real
estate, location thereof | 6 | | shall be listed 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.
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9 | | Entity |
Position Held |
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10 | | ............................... |
............................... |
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11 | | ............................... |
............................... |
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12 | | ............................... |
............................... |
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13 | | 7. List the name of any unit of government which employed | 14 | | the person
making the statement during the preceding calendar | 15 | | year other than the unit
or units
of government in relation to | 16 | | which the person is required to file.
| 17 | | .............................................................
| 18 | | .............................................................
| 19 | | 8. List the name of any entity from which a gift or gifts, | 20 | | or honorarium
or honoraria, valued singly or in the aggregate | 21 | | in excess of $500, was
received during the preceding calendar | 22 | | year.
| 23 | | .............................................................
| 24 | | ............................................................. | 25 | | 9. List the names of all businesses with which the person | 26 | | is associated. |
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| 1 | | .............................................................
| 2 | | ............................................................. | 3 | | 10. List all sources of income, including the name of each | 4 | | employer with a description of each source in excess of $1,000, | 5 | | without specifying amounts of income. | 6 | | .............................................................
| 7 | | ............................................................. | 8 | | 11. List the name of securities in excess of $5,000 at fair | 9 | | market value owned by the person, his or her spouse, or a | 10 | | relative, or held in the name of a corporation, partnership, or | 11 | | trust for the benefit of the person, his or her spouse, or a | 12 | | relative. | 13 | | .............................................................
| 14 | | ............................................................. | 15 | | 12. List the existence of any known blind trust and the | 16 | | names of the trustees. | 17 | | .............................................................
| 18 | | ............................................................. | 19 | | 13. List all real property and its location, whether owned | 20 | | by the person, his or her spouse, or a relative, or held in the | 21 | | name of a corporation, partnership, or trust for the benefit of | 22 | | the person, his or her spouse, or a relative. | 23 | | .............................................................
| 24 | | ............................................................. | 25 | | 14. List the names and addresses of creditors to whom the | 26 | | person, his or her spouse, or a relative, individually, owed |
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| 1 | | debts of more than $10,000. | 2 | | .............................................................
| 3 | | ............................................................. | 4 | | 15. List any leases or contracts with the State held or | 5 | | entered into by the person making the statement or a business | 6 | | with which he or she is associated. | 7 | | .............................................................
| 8 | | ............................................................. | 9 | | 16. List a description of any partnership, joint ownership, | 10 | | or similar business affiliation between (i) a business that is | 11 | | associated with the person making the statement, the person's | 12 | | spouse, or a dependent child of the person and (ii) a person | 13 | | who is registered under the Lobbyist registration Act or a | 14 | | person that the person making the statement knows or reasonably | 15 | | should have known is doing business with or seeking to do | 16 | | business with the State. | 17 | | .............................................................
| 18 | | .............................................................
| 19 | | VERIFICATION:
| 20 | | "I declare that this statement of economic interests | 21 | | (including any
accompanying schedules and statements) has been | 22 | | examined by me and to the
best of my knowledge and belief is a | 23 | | true, correct and complete statement
of my economic interests | 24 | | as required by the Illinois Governmental Ethics
Act. I | 25 | | understand that the penalty for willfully filing a false or
| 26 | | incomplete statement shall be a fine not to exceed $1,000 or |
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| 1 | | imprisonment
in a penal institution other than the penitentiary | 2 | | not to exceed one year,
or both fine and imprisonment."
| 3 | | ................ ..........................................
| 4 | | (date of filing) (signature of person making the statement)
| 5 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 6 | | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| 7 | | Sec. 4A-104.
The statement of economic interests required | 8 | | by this Article to be filed
with the county clerk shall be | 9 | | filled in by typewriting
or hand printing, shall be verified, | 10 | | dated, and signed by the person
making the statement and shall | 11 | | contain substantially the following:
| 12 | | STATEMENT OF ECONOMIC INTERESTS
| 13 | | (TYPE OR HAND PRINT)
| 14 | | .............................................................
| 15 | | (Name)
| 16 | | .............................................................
| 17 | | (each office or position of employment for which this
statement | 18 | | is filed)
...................................................
| 19 | | (full mailing address)
| 20 | | GENERAL DIRECTIONS:
| 21 | | The interest (if constructively controlled by the person | 22 | | making the
statement) of a spouse or any other party, shall be | 23 | | considered to be the
same as the interest of the person making | 24 | | the statement.
| 25 | | Campaign receipts shall not be included in this statement.
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| 1 | | If additional space is needed, please attach supplemental | 2 | | listing.
| 3 | | 1. List the name and instrument of ownership in any entity | 4 | | doing
business with a unit of local government in relation to | 5 | | which the
person
is required to file, in which the ownership | 6 | | interest held by the person at
the date of filing is in excess | 7 | | of $5,000 fair market value or from which
dividends in excess | 8 | | of $1,200 were received during the preceding calendar
year. (In | 9 | | the case of real estate, location thereof shall be listed by
| 10 | | street address, or if none, then by legal description.) No time | 11 | | or demand
deposit in a financial institution, nor any debt | 12 | | instrument shall be
listed.
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13 | | Business |
Instrument of |
Position of |
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14 | | Entity |
Ownership |
Management |
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15 | | .................... |
.................... |
..................... |
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16 | | .................... |
.................... |
..................... |
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17 | | .................... |
.................... |
..................... |
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18 | | 2. List the name, address and type of practice of any | 19 | | professional
organization in which the person making the | 20 | | statement was an officer,
director, associate, partner or | 21 | | proprietor, or served in any advisory
capacity, from which | 22 | | income in excess of $1,200 was derived during the
preceding | 23 | | calendar year.
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24 | | Name |
Address |
Type of Practice |
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25 | | .................... |
.................... |
..................... |
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26 | | .................... |
.................... |
..................... |
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| 1 | | .................... |
.................... |
..................... |
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2 | | 3. List the nature of professional services rendered (other | 3 | | than to the
unit or units of local government in relation to | 4 | | which the person is
required to
file) to each entity from which | 5 | | income exceeding $5,000 was received for
professional services | 6 | | rendered during the preceding calendar year by the
person | 7 | | making the statement.
| 8 | | .............................................................
| 9 | | .............................................................
| 10 | | 4. List the identity (including the address or legal | 11 | | description of real
estate) of any capital asset from which a | 12 | | capital gain of $5,000 or more
was realized during the | 13 | | preceding calendar year.
| 14 | | .............................................................
| 15 | | .............................................................
| 16 | | .............................................................
| 17 | | 5. List the name of any entity and the nature of the | 18 | | governmental action
requested by any entity which has applied | 19 | | to a unit of local
government
in relation to which the person | 20 | | must file for any license, franchise or
permit for annexation, | 21 | | zoning or rezoning of real estate during the
preceding calendar | 22 | | year if the ownership interest of the person filing is
in | 23 | | excess of $5,000 fair market value at the time of filing or if | 24 | | income or
dividends in excess of $1200 were received by the | 25 | | person filing from the
entity during the preceding calendar | 26 | | year.
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| 1 | | .............................................................
| 2 | | .............................................................
| 3 | | .............................................................
| 4 | | 6. List the name of any entity doing business with a unit | 5 | | of
local
government in relation to which the person is required | 6 | | to file 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. No time or demand deposit in a financial
| 10 | | institution nor any debt instrument need be listed.
| 11 | | .............................................................
| 12 | | .............................................................
| 13 | | 7. List the name of any unit of government which employed | 14 | | the person
making the statement during the preceding calendar | 15 | | year other than the unit
or units of government in relation to | 16 | | which the person is required to file.
| 17 | | .............................................................
| 18 | | .............................................................
| 19 | | 8. List the name of any entity from which a gift or gifts, | 20 | | or honorarium
or honoraria, valued singly or in the aggregate | 21 | | in excess of $500, was
received during the preceding calendar | 22 | | year.
| 23 | | .............................................................
| 24 | | .............................................................
| 25 | | 9. List the names of all businesses with which the person | 26 | | is associated. |
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| 1 | | .............................................................
| 2 | | ............................................................. | 3 | | 10. List all sources of income, including the name of each | 4 | | employer with a description of each source in excess of $1,000, | 5 | | without specifying amounts of income. | 6 | | .............................................................
| 7 | | ............................................................. | 8 | | 11. List the name of securities in excess of $5,000 at fair | 9 | | market value owned by the person, his or her spouse, or a | 10 | | relative, or held in the name of a corporation, partnership, or | 11 | | trust for the benefit of the person, his or her spouse, or a | 12 | | relative. | 13 | | .............................................................
| 14 | | ............................................................. | 15 | | 12. List the existence of any known blind trust and the | 16 | | names of the trustees. | 17 | | .............................................................
| 18 | | ............................................................. | 19 | | 13. List all real property and its location, whether owned | 20 | | by the person, his or her spouse, or a relative, or held in the | 21 | | name of a corporation, partnership, or trust for the benefit of | 22 | | the person, his or her spouse, or a relative. | 23 | | .............................................................
| 24 | | ............................................................. | 25 | | 14. List the names and addresses of creditors to whom the | 26 | | person, his or her spouse, or a relative, individually, owed |
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| 1 | | debts of more than $10,000. | 2 | | .............................................................
| 3 | | ............................................................. | 4 | | VERIFICATION:
| 5 | | "I declare that this statement of economic interests | 6 | | (including any
accompanying schedules and statements) has been | 7 | | examined by me and to the
best of my knowledge and belief is a | 8 | | true, correct and complete statement
of my economic interests | 9 | | as required by the Illinois Governmental Ethics
Act. I | 10 | | understand that the penalty for willfully filing a false or
| 11 | | incomplete statement shall be a fine not to exceed $1,000 or | 12 | | imprisonment
in a penal institution other than the penitentiary | 13 | | not to exceed one year,
or both fine and imprisonment."
| 14 | | ................ ..........................................
| 15 | | (date of filing) (signature of person making the statement)
| 16 | | (Source: P.A. 95-173, eff. 1-1-08.)
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