Full Text of HB5837 97th General Assembly
HB5837 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5837 Introduced 2/16/2012, by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED: |
| 5 ILCS 420/4A-100 new | | 5 ILCS 420/4A-102 | from Ch. 127, par. 604A-102 | 5 ILCS 420/4A-102.5 new | | 5 ILCS 420/4A-103 | from Ch. 127, par. 604A-103 | 5 ILCS 420/4A-104 | from Ch. 127, par. 604A-104 | 5 ILCS 420/4A-105 | from Ch. 127, par. 604A-105 | 5 ILCS 420/4A-106 | from Ch. 127, par. 604A-106 |
| Amends the Illinois Governmental Ethics Act. With respect to statements of economic interests, makes changes concerning: interests of spouses and immediate family members living with the person required to file; the development of forms by the Secretary of State that replicate federal forms; supplemental filings by board and commission appointees; electronic filing; posting of statements by the Secretary of State in a searchable database on the Internet; and training by the Secretary of State for ethics officers and persons required to file statements. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning ethics.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Sections 4A-102, 4A-103, 4A-104, 4A-105, and 4A-106 | 6 | | and by adding Sections 4A-100 and 4A-102.5 as follows: | 7 | | (5 ILCS 420/4A-100 new) | 8 | | Sec. 4A-100. Definitions. As used in this Article: | 9 | | (a) "Immediate family member" means a spouse, parent, | 10 | | brother, sister, or child of the reporting individual sharing | 11 | | the same household. | 12 | | (b) "Income" means income derived from any source, | 13 | | including, but not limited to, the following: (i) compensation | 14 | | for services, including fees, commissions, and similar items; | 15 | | (ii) gross income derived from business (and net income if the | 16 | | person elects to include it); (iii) gains received from | 17 | | dealings in property; (iv) interest; (v) rents; (vi) royalties; | 18 | | (vii) dividends; (viii) annuities; (ix) income from life | 19 | | insurance and endowment contracts; (x) pensions; (xi) income | 20 | | from discharge of indebtedness; (xii) distributive share of | 21 | | partnership income; and (xiii) income from an interest in an | 22 | | estate or trust. "Income" does not include campaign receipts | 23 | | reported on financial disclosure reports filed with the State |
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| 1 | | Board of Elections, unless such receipts are claimed for | 2 | | personal use. | 3 | | (c) "Category of value" means the following classification | 4 | | system: (i) not more than $1,000, (ii) greater than $1,000 but | 5 | | not more than $2,500, (iii) greater than $2,500 but not more | 6 | | than $5,000, (iv) greater than $5,000 but not more than | 7 | | $15,000, (v) greater than $15,000 but not more than $50,000, | 8 | | (vi) greater than $50,000 but not more than $100,000, (vii) | 9 | | greater than $100,000 but not more than $1,000,000, (viii) | 10 | | greater than $1,000,000 but not more than $5,000,000, or (ix) | 11 | | greater than $5,000,000. | 12 | | (d) "Constructive control". An interest may be said to be | 13 | | constructively controlled by the person filing the report if | 14 | | the person filing the report is a trustee, proxy, guardian, or | 15 | | advisor with regard to decisions to acquire, retain, or divest | 16 | | all or any portion of an interest. | 17 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| 18 | | Sec. 4A-102. The statement of economic interests required | 19 | | by this Article
shall include the economic interests of the | 20 | | person making the statement as
provided in this Section. The | 21 | | interest (if constructively controlled by the
person making the | 22 | | statement) of a spouse , or any other party , if constructively | 23 | | controlled by the person making the statement , shall be
| 24 | | considered to be the same as the interest of the person making | 25 | | the
statement. Campaign receipts shall not be included in this |
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| 1 | | statement.
| 2 | | (a) The following interests shall be listed by all persons | 3 | | required to
file:
| 4 | | (1) The source, type, and amount or value of income | 5 | | (other than income referred to in subdivision (a)(2) of | 6 | | this Section) from any source other than from current | 7 | | employment by the State of Illinois. | 8 | | (2) The source and type of income from dividends, | 9 | | rents, interest, trusts, and capital gains, received | 10 | | during the preceding calendar year in an amount or value of | 11 | | more than $200, as well as an indication of the appropriate | 12 | | category of value of the item of income. | 13 | | (3) The source, date, and amount of payments made to | 14 | | charitable organizations in lieu of honoraria with a | 15 | | corresponding list of the recipients of all of those | 16 | | payments, together with the dates and amounts of those | 17 | | payments. | 18 | | (4) The identity and category of value of any interest | 19 | | in property held during the preceding calendar year in a | 20 | | trade or business or for investment or production of | 21 | | income, if the property has a fair market value in excess | 22 | | of $1,000 at the close of the preceding calendar year. This | 23 | | item (4) does not include any personal liability owed (i) | 24 | | to the person filing the statement by his or her immediate | 25 | | family members or (ii) to the spouse of the person filing | 26 | | the statement. This item (4) also does not include deposits |
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| 1 | | aggregating $5,000 or less in a personal savings account, | 2 | | including certificates of deposit and any other form of | 3 | | deposit in a bank, savings and loan association, credit | 4 | | union, or similar financial institution. | 5 | | (5) The identity and category of value of the total | 6 | | liabilities in excess of $5,000 and that are owed at any | 7 | | time during the preceding calendar year to any creditor | 8 | | other than (i) an immediate family member of the person | 9 | | filing the statement or (ii) an immediate family member of | 10 | | the spouse of the person filing the statement. This item | 11 | | does not include any of the following: | 12 | | (A) any mortgage secured by real property that is | 13 | | the primary personal residence of the person filing the | 14 | | statement; | 15 | | (B) any loan secured by a personal motor vehicle, | 16 | | household furniture, appliances, or other similar | 17 | | effect if the loan does not exceed the purchase price | 18 | | of the item or items that secure it; or | 19 | | (C) any debt owed by a political committee | 20 | | associated with the person filing the statement, | 21 | | provided that the debt is reported as required by | 22 | | Article 9 of the Election Code. | 23 | | With regard to revolving charge accounts, the person | 24 | | filing the statement need report only his or her | 25 | | outstanding aggregate liability across all accounts, and | 26 | | only if in excess of $10,000 at the close of the preceding |
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| 1 | | calendar year. | 2 | | (6) A brief description, the date, and the category of | 3 | | value of any purchase, sale, or exchange in excess of | 4 | | $1,000 during the preceding calendar year of (i) real | 5 | | property other than real property used solely for the | 6 | | primary personal residence of the person filing the | 7 | | statement or his or her spouse or (ii) stocks, bonds, | 8 | | commodity futures, and other forms of securities. This item | 9 | | (6) does not apply to transactions solely by and between | 10 | | the person filing the statement and his or her immediate | 11 | | family members. | 12 | | (7) The identity of all positions held during the | 13 | | preceding calendar year as an officer, director, trustee, | 14 | | partner, proprietor, representative, employee, or | 15 | | consultant of any corporation, company, firm, partnership, | 16 | | other business enterprise, non-profit organization, labor | 17 | | organization, or educational or other institution of the | 18 | | State, a unit of government, a school district, or the | 19 | | United States. This item (7) does not apply to positions in | 20 | | religious, social, fraternal, or political organizations | 21 | | or positions of a solely honorary nature. | 22 | | (8) The date of, the parties to, and a description of | 23 | | the terms of any agreement or arrangement with respect to: | 24 | | (i) future employment; (ii) a leave of absence from the | 25 | | unit of government in relation to which the person is | 26 | | required to file the statement; (iii) contributions or |
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| 1 | | payments by a former employer other than the unit of | 2 | | government in relation to which the person is required to | 3 | | file the statement; and (iv) continuing participation in an | 4 | | employee welfare or benefit plan with a former employer. | 5 | | (9) The source, date, and amount of honoraria | 6 | | aggregating $200 or more during the preceding calendar | 7 | | year. | 8 | | (10) The source, date, and amount or value of any gift | 9 | | or gifts (i) valued singularly or in the aggregate in | 10 | | excess of $500 during the preceding calendar year to the | 11 | | person filing the statement or an immediate family member | 12 | | of the person filing the statement, from any person other | 13 | | than an immediate family member or (ii) from a prohibited | 14 | | source as defined by the State Officials and Employees | 15 | | Ethics Act, even if that source is also an immediate family | 16 | | member, and within any of the following captioned items | 17 | | listed in Section 10-15 of that Act, regardless of whether | 18 | | the person filing the statement is otherwise subject to | 19 | | that Act: educational materials and missions and travel | 20 | | expenses for a meeting to discuss State government. | 21 | | (1) The name, address and type of practice of any | 22 | | professional
organization or individual professional | 23 | | practice in which the person making
the statement was an | 24 | | officer, director, associate, partner or proprietor,
or | 25 | | served in any advisory capacity, from which income in | 26 | | excess of $1200
was derived during the preceding calendar |
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| 1 | | year;
| 2 | | (2) The nature of professional services (other than | 3 | | services rendered to
the unit or units of government in | 4 | | relation to which the person is required
to file)
and the | 5 | | nature of the entity to which they were rendered if fees | 6 | | exceeding
$5,000 were received during the preceding | 7 | | calendar year from the entity for
professional services | 8 | | rendered by the person making the statement.
| 9 | | (3) The identity (including the address or legal | 10 | | description of real
estate) of any capital asset from which | 11 | | a capital gain of $5,000 or more
was realized in the | 12 | | preceding calendar year.
| 13 | | (11) (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 to | 17 | | file.
| 18 | | (5) The name of any entity from which a gift or gifts, | 19 | | or honorarium or
honoraria, valued singly or in the | 20 | | aggregate in excess of $500, was
received during the | 21 | | preceding calendar year.
| 22 | | (b) The following interests shall also be listed by persons | 23 | | listed in
items (a) through (f), item (l), and item (n) of | 24 | | Section 4A-101:
| 25 | | (1) (Blank). The name and instrument of ownership in | 26 | | any entity doing business in
the State of Illinois, in |
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| 1 | | which an ownership interest held by the person at
the date | 2 | | of filing is in excess of $5,000 fair market value or from | 3 | | which
dividends of in excess of $1,200 were derived during | 4 | | the preceding calendar
year. (In the case of real estate, | 5 | | location thereof shall be listed by
street address, or if | 6 | | none, then by legal description). No time or demand
deposit | 7 | | in a financial institution, nor any debt instrument need be | 8 | | listed;
| 9 | | (2) (Blank). Except for professional service entities, | 10 | | the name of any entity and
any position held therein from | 11 | | which income of in excess of $1,200 was
derived during the | 12 | | preceding calendar year, if the entity does business in
the | 13 | | State of Illinois. No time or demand deposit in a financial
| 14 | | institution, nor any debt instrument need be listed.
| 15 | | (3) The identity of any compensated lobbyist with whom | 16 | | the person making
the statement maintains a close economic | 17 | | or personal relationship association , including the name | 18 | | of
the lobbyist and specifying the legislative matter or | 19 | | matters which are the
object of the lobbying activity , and | 20 | | describing the general type of
economic activity of the | 21 | | client or principal on whose behalf that person is
| 22 | | lobbying .
| 23 | | (c) The following interests shall also be listed by persons | 24 | | listed in
items (g), (h), (i), and (o) of Section 4A-101:
| 25 | | (1) The name and instrument of ownership in any entity | 26 | | doing business
with a unit of local government in relation |
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| 1 | | to which the person is
required to file if the ownership | 2 | | interest of the person filing is greater
than $5,000 fair | 3 | | market value as of the date of filing or if dividends in
| 4 | | excess of $1,200 were received from the entity during the | 5 | | preceding
calendar year. (In the case of real estate, | 6 | | location thereof shall be
listed by street address, or if | 7 | | none, then by legal description). No time
or demand deposit | 8 | | in a financial institution, nor any debt instrument need
be | 9 | | listed.
| 10 | | (2) (Blank). Except for professional service entities, | 11 | | the name of any entity and
any position held therein from | 12 | | which income in excess of $1,200 was derived
during the | 13 | | preceding calendar year if the entity does business with a
| 14 | | unit of local government in relation to which the person is | 15 | | required to
file. No time or demand deposit in a financial | 16 | | institution, nor any debt
instrument need be listed.
| 17 | | (3) The name of any entity and the nature of the | 18 | | governmental action
requested by any entity which has | 19 | | applied to a unit of local
government
in relation to which | 20 | | the person must file for any license, franchise or
permit | 21 | | for annexation, zoning or rezoning of real estate during | 22 | | the
preceding calendar year if the ownership interest of | 23 | | the person filing is
in excess of $5,000 fair market value | 24 | | at the time of filing or if income or
dividends in excess | 25 | | of $1,200 were received by the person filing from the
| 26 | | entity during the preceding calendar year.
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| 1 | | For the purposes of this Section, the unit of local | 2 | | government in relation to which a person required to file under | 3 | | item (o) of Section 4A-101 shall be the unit of local | 4 | | government that contributes to the pension fund of which such | 5 | | person is a member of the board. | 6 | | (Source: P.A. 96-6, eff. 4-3-09.)
| 7 | | (5 ILCS 420/4A-102.5 new) | 8 | | Sec. 4A-102.5. Appointee supplemental statement. Persons | 9 | | filing statements of economic interests as a result of their | 10 | | nomination to a board or commission shall also, at the same | 11 | | time and in the same manner, file a supplement to the statement | 12 | | containing all of the following information: | 13 | | (1) Any contributions in excess of $150 in the | 14 | | aggregate to any political committee organized under the | 15 | | Election Code made since the end of the last preceding | 16 | | semi-annual disclosure period and the date the person files | 17 | | the statement of economic interests, including the amount | 18 | | of the contribution, the date, and the recipient. | 19 | | (2) Any contribution made to a legal defense fund since | 20 | | the filing of the last previous statement of economic | 21 | | interests or, if the person is filing his or her first | 22 | | statement of economic interests, in the 12 months preceding | 23 | | the filing date. | 24 | | (3) The name of any immediate family member who is | 25 | | registered as a lobbyist with any State or federal agency |
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| 1 | | or office.
| 2 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 3 | | Sec. 4A-103.
The statement of economic interests required | 4 | | by this Article to be filed
with the Secretary of State shall | 5 | | be filled in by
typewriting or hand printing, shall be | 6 | | verified, dated, and signed by manual or electronic means as | 7 | | appropriate by the
person making the statement , and made in a | 8 | | form prescribed by the Secretary of State that shall, in paper | 9 | | and electronic formats, substantially replicate the design of | 10 | | the 2002 Public Financial Disclosure Report forms employed by | 11 | | the United States Congress for purposes of complying with the | 12 | | Ethics in Government Act of 1978. and shall contain | 13 | | 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 | | VERIFICATION:
| 25 | | "I declare that this statement of economic interests | 26 | | (including any
accompanying schedules and statements) has been |
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| 1 | | examined by me and to the
best of my knowledge and belief is a | 2 | | true, correct and complete statement
of my economic interests | 3 | | as required by the Illinois Governmental Ethics
Act. I | 4 | | understand that the penalty for willfully filing a false or
| 5 | | incomplete statement shall be a fine not to exceed $1,000 or | 6 | | imprisonment
in a penal institution other than the penitentiary | 7 | | not to exceed one year,
or both fine and imprisonment."
| 8 | | ................ ..........................................
| 9 | | (date of filing) (signature of person making the statement)
| 10 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 11 | | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| 12 | | Sec. 4A-104.
The statement of economic interests required | 13 | | by this Article to be filed
with the county clerk shall be | 14 | | filled in by typewriting
or hand printing, shall be verified, | 15 | | dated, and signed by manual or electronic means as appropriate | 16 | | by the person
making the statement , and made on a form | 17 | | prescribed by the Secretary of State that shall substantially | 18 | | replicate the design of the 2002 Public Financial Disclosure | 19 | | Report forms employed by the United States Congress for | 20 | | purposes of complying with the Ethics in Government Act of | 21 | | 1978. shall contain substantially the following:
| 22 | | STATEMENT OF ECONOMIC INTERESTS
| 23 | | (TYPE OR HAND PRINT)
| 24 | | .............................................................
| 25 | | (Name)
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| 1 | | .............................................................
| 2 | | (each office or position of employment for which this
statement | 3 | | is filed)
...................................................
| 4 | | (full mailing address)
| 5 | | GENERAL DIRECTIONS:
| 6 | | The interest (if constructively controlled by the person | 7 | | making the
statement) of a spouse or any other party, shall be | 8 | | considered to be the
same as the interest of the person making | 9 | | the statement.
| 10 | | Campaign receipts shall not be included in this statement.
| 11 | | If additional space is needed, please attach supplemental | 12 | | listing.
| 13 | | 1. List the name and instrument of ownership in any entity | 14 | | doing
business with a unit of local government in relation to | 15 | | which the
person
is required to file, in which the ownership | 16 | | interest held by the person at
the date of filing is in excess | 17 | | of $5,000 fair market value or from which
dividends in excess | 18 | | of $1,200 were received during the preceding calendar
year. (In | 19 | | the case of real estate, location thereof shall be listed by
| 20 | | street address, or if none, then by legal description.) No time | 21 | | or demand
deposit in a financial institution, nor any debt | 22 | | instrument shall be
listed.
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23 | | Business |
Instrument of |
Position of |
|
24 | | Entity |
Ownership |
Management |
|
25 | | .................... |
.................... |
..................... |
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26 | | .................... |
.................... |
..................... |
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| 1 | | .................... |
.................... |
..................... |
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2 | | 2. List the name, address and type of practice of any | 3 | | professional
organization in which the person making the | 4 | | statement was an officer,
director, associate, partner or | 5 | | proprietor, or served in any advisory
capacity, from which | 6 | | income in excess of $1,200 was derived during the
preceding | 7 | | calendar year.
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8 | | Name |
Address |
Type of Practice |
|
9 | | .................... |
.................... |
..................... |
|
10 | | .................... |
.................... |
..................... |
|
11 | | .................... |
.................... |
..................... |
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12 | | 3. List the nature of professional services rendered (other | 13 | | than to the
unit or units of local government in relation to | 14 | | which the person is
required to
file) to each entity from which | 15 | | income exceeding $5,000 was received for
professional services | 16 | | rendered during the preceding calendar year by the
person | 17 | | making the statement.
| 18 | | .............................................................
| 19 | | .............................................................
| 20 | | 4. List the identity (including the address or legal | 21 | | description of real
estate) of any capital asset from which a | 22 | | capital gain of $5,000 or more
was realized during the | 23 | | preceding calendar year.
| 24 | | .............................................................
| 25 | | .............................................................
| 26 | | .............................................................
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| 1 | | 5. List the name of any entity and the nature of the | 2 | | governmental action
requested by any entity which has applied | 3 | | to a unit of local
government
in relation to which the person | 4 | | must file for any license, franchise or
permit for annexation, | 5 | | zoning or rezoning of real estate during the
preceding calendar | 6 | | year if the ownership interest of the person filing is
in | 7 | | excess of $5,000 fair market value at the time of filing or if | 8 | | income or
dividends in excess of $1200 were received by the | 9 | | person filing from the
entity during the preceding calendar | 10 | | year.
| 11 | | .............................................................
| 12 | | .............................................................
| 13 | | .............................................................
| 14 | | 6. List the name of any entity doing business with a unit | 15 | | of
local
government in relation to which the person is required | 16 | | to file from which
income in excess of $1,200 was derived | 17 | | during the preceding calendar year
other than for professional | 18 | | services and the title or description of any
position held in | 19 | | that entity. No time or demand deposit in a financial
| 20 | | institution nor any debt instrument need be listed.
| 21 | | .............................................................
| 22 | | .............................................................
| 23 | | 7. List the name of any unit of government which employed | 24 | | the person
making the statement during the preceding calendar | 25 | | year other than the unit
or units of government in relation to | 26 | | which the person is required to file.
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| 1 | | .............................................................
| 2 | | .............................................................
| 3 | | 8. List the name of any entity from which a gift or gifts, | 4 | | or honorarium
or honoraria, valued singly or in the aggregate | 5 | | in excess of $500, was
received during the preceding calendar | 6 | | year.
| 7 | | .............................................................
| 8 | | VERIFICATION:
| 9 | | "I declare that this statement of economic interests | 10 | | (including any
accompanying schedules and statements) has been | 11 | | examined by me and to the
best of my knowledge and belief is a | 12 | | true, correct and complete statement
of my economic interests | 13 | | as required by the Illinois Governmental Ethics
Act. I | 14 | | understand that the penalty for willfully filing a false or
| 15 | | incomplete statement shall be a fine not to exceed $1,000 or | 16 | | imprisonment
in a penal institution other than the penitentiary | 17 | | not to exceed one year,
or both fine and imprisonment."
| 18 | | ................ ..........................................
| 19 | | (date of filing) (signature of person making the statement)
| 20 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 21 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 22 | | Sec. 4A-105. Time for filing. Except as provided in | 23 | | Section 4A-106.1, by
May 1 of each year a statement must be | 24 | | filed by each person
whose position at that time subjects him | 25 | | to the filing requirements of Section
4A-101 unless he has |
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| 1 | | already filed a statement in relation to the same unit of
| 2 | | government in that calendar year.
| 3 | | Statements must also be filed as follows:
| 4 | | (a) A candidate for elective office shall file his | 5 | | statement not later
than the end of the period during which | 6 | | he can take the action necessary
under the laws of this | 7 | | State to attempt to qualify for nomination, election, or
| 8 | | retention to such office if he has not already filed a | 9 | | statement in relation to the
same unit of government during | 10 | | that same calendar year within a year preceding such | 11 | | action .
| 12 | | (b) A person whose appointment to office is subject to | 13 | | confirmation by
the Senate shall file his statement at the | 14 | | time his name is submitted to
the Senate for confirmation.
| 15 | | (b-5) A special government agent, as defined in
item | 16 | | (1) of Section 4A-101 of this Act, shall file a statement | 17 | | within 30 days
after
making the first ex parte | 18 | | communication and each May 1 thereafter if he or she
has | 19 | | made an ex parte communication within the previous 12 | 20 | | months.
| 21 | | (c) Any other person required by this Article to file | 22 | | the statement
shall file a statement at the time of his or | 23 | | her initial appointment or
employment in relation to that | 24 | | unit of government if appointed or employed by
May 1.
| 25 | | If any person who is required to file a statement of | 26 | | economic interests
fails to file such statement by May 1 of any |
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| 1 | | year, the officer with whom
such statement is to be filed under | 2 | | Section 4A-106 of this Act shall,
within 7 days after May 1, | 3 | | notify such person by certified mail of his or
her failure to | 4 | | file by the specified date. Except as may be prescribed by
rule | 5 | | of the Secretary of State, such person shall file his or
her | 6 | | statement of economic interests on or before May 15 with the
| 7 | | appropriate officer, together with a $15 late filing fee. Any | 8 | | such person
who fails to file by May 15 shall be subject to a | 9 | | penalty of $100 for each
day from May 16 to the date of filing, | 10 | | which shall be in addition to the $15
late filing fee specified | 11 | | above. Failure to file by May 31 shall result in a
forfeiture | 12 | | in accordance with Section 4A-107 of this Act.
| 13 | | Any person who takes office or otherwise becomes required | 14 | | to file a
statement of economic interests within 30 days prior | 15 | | to May 1 of any year
may file his or her statement at any time | 16 | | on or before May 31 without
penalty. If such person fails to | 17 | | file such statement by May 31, the
officer with whom such | 18 | | statement is to be filed under Section 4A-106 of
this Act | 19 | | shall, within 7 days after May 31, notify such person by | 20 | | certified
mail of his or her failure to file by the specified | 21 | | date. Such person
shall file his or her statement of economic | 22 | | interests on or before June 15 with
the appropriate officer, | 23 | | together with a $15 late filing fee. Any such
person who fails | 24 | | to file by June 15 shall be subject to a penalty of $100
per day | 25 | | for each day from June 16 to the date of filing, which shall be | 26 | | in
addition to the $15 late filing fee specified above. Failure |
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| 1 | | to file by June
30 shall result in a forfeiture in accordance | 2 | | with Section 4A-107 of this Act.
| 3 | | All late filing fees and penalties collected pursuant to | 4 | | this Section
shall be paid into the General Revenue Fund in the | 5 | | State treasury, if the
Secretary of State receives such | 6 | | statement for filing, or into the general
fund in the county | 7 | | treasury, if the county clerk receives such statement
for | 8 | | filing. The Attorney General, with respect to the State, and | 9 | | the
several State's Attorneys, with respect to counties, shall | 10 | | take appropriate
action to collect the prescribed penalties.
| 11 | | Failure to file a statement of economic interests within | 12 | | the time
prescribed shall not result in a fine or ineligibility | 13 | | for, or forfeiture of,
office or position of employment, as the | 14 | | case may be; provided that the failure
to file results from not | 15 | | being included for notification by the appropriate
agency, | 16 | | clerk, secretary, officer or unit of government, as the case | 17 | | may be,
and that a statement is filed within 30 days of actual | 18 | | notice of the failure to
file.
| 19 | | Beginning with statements required to be filed on or after | 20 | | May 1, 2009, the officer with whom a statement is to be filed | 21 | | may, in his or her discretion, waive the late filing fee, the | 22 | | monetary late filing penalty, and the ineligibility for or | 23 | | forfeiture of office or position for failure to file when the | 24 | | person's late filing of a statement or failure to file a | 25 | | statement is due to his or her (i) serious or catastrophic | 26 | | illness that renders the person temporarily incapable of |
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| 1 | | completing the statement or (ii) military service. | 2 | | (Source: P.A. 96-550, eff. 8-17-09.)
| 3 | | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| 4 | | Sec. 4A-106. Notification; electronic filing. | 5 | | (a) The statements of economic interests required of | 6 | | persons
listed in items (a) through (f), item (j), item (l), | 7 | | and item (n) of
Section 4A-101 shall be
filed with the | 8 | | Secretary of State. The Secretary of State shall by rule | 9 | | provide for the electronic filing of statements according to | 10 | | the following schedule: | 11 | | Beginning January 1, 2012, or as soon thereafter as the | 12 | | Secretary of State has provided adequate software to persons | 13 | | required to file under this Article, all statements filed under | 14 | | this Article shall be filed in electronic format. The Secretary | 15 | | shall promptly, upon verification, make all statements filed | 16 | | under this Article publicly available by means of a searchable | 17 | | database that is accessible through the Secretary of State's | 18 | | website. "Searchable" means, for the purpose of this Section, | 19 | | that any person may query each question for any proper names | 20 | | and addresses. The Secretary of State shall provide all | 21 | | software necessary to comply with this Section and shall | 22 | | implement a plan to provide computer access and assistance to | 23 | | persons required to file by this Article. | 24 | | (b) The statements of economic interests
required of | 25 | | persons listed in items (g), (h), (i), (k), and (o) of
Section
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| 1 | | 4A-101 shall be filed with the county clerk of the county in | 2 | | which the
principal office of the unit of local government with | 3 | | which the person is
associated is located. If it is not | 4 | | apparent which county the principal office
of a unit of local | 5 | | government is located, the chief administrative officer, or
his | 6 | | or her designee, has the authority, for purposes of this Act, | 7 | | to determine
the county in which the principal office is | 8 | | located. | 9 | | (c) On or before February 1
annually, (1) the chief | 10 | | administrative officer of any State agency in the
executive, | 11 | | legislative, or judicial branch employing persons required to | 12 | | file
under item (f) or item (l) of Section
4A-101 and the chief | 13 | | administrative officer of a board described in item (n) of | 14 | | Section 4A-101 shall certify to the Secretary of State the | 15 | | names and mailing addresses
of those persons . The State Board | 16 | | of Elections shall, within 14 days after the proclamation of | 17 | | the results of a general primary pursuant to Section 7-58 of | 18 | | the Election Code, provide the Secretary of State with a true | 19 | | alphabetical listing of the names and related information of | 20 | | candidates who were nominated in a general primary election, | 21 | | including their addresses and the office they are seeking. , and | 22 | | (2) | 23 | | (d) On or before February 1 annually, the chief | 24 | | administrative officer, or his or her
designee, of each unit of | 25 | | local government with persons described in items (h),
(i) and | 26 | | (k) and a board described in item (o) of Section 4A-101 shall |
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| 1 | | certify to the appropriate county clerk a
list of names and | 2 | | addresses of persons described in items (h), (i),
(k), and (o) | 3 | | of
Section 4A-101 that are required to file. In preparing the | 4 | | lists, each chief
administrative officer, or his or her | 5 | | designee, shall set out the names in
alphabetical order.
Any | 6 | | local election authority shall, within 14 days after | 7 | | proclamation of the results of a primary election, provide the | 8 | | county clerk with a true alphabetical listing of the names and | 9 | | related information of candidates who nominated in a general | 10 | | primary election, including their addresses and the office they | 11 | | are seeking. Any county clerk who makes available in his or her | 12 | | principal offices terminals by means of which the general | 13 | | public may access statements of economic interest filed with | 14 | | the Secretary of State's office and posted to the Secretary of | 15 | | State's website may waive the requirement that a person file a | 16 | | paper form with that county clerk with respect to persons whose | 17 | | forms have been electronically filed with the Secretary of | 18 | | State's office.
| 19 | | (e) On or before April 1 annually, the Secretary of State | 20 | | shall notify (1)
all persons whose names have been certified to | 21 | | him under items (f),
(l), and (n) of
Section 4A-101, and (2) | 22 | | all persons described in items (a) through (e) and
item (j) of | 23 | | Section 4A-101 , together, in even-numbered years, with the | 24 | | names of candidates nominated at the most recent general | 25 | | primary , other than candidates for office who have filed
their | 26 | | statements with their nominating petitions , of the |
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| 1 | | requirements for
filing statements of economic interests.
A | 2 | | person required to file with the Secretary of State by virtue | 3 | | of more than
one item among items (a) through (f) and items | 4 | | (j), (l), and (n)
shall be notified of and is
required
to file | 5 | | only one statement of economic interests relating to all items | 6 | | under
which the person is required to file with the Secretary | 7 | | of State.
| 8 | | (f) On or before April 1 annually, the county clerk of each | 9 | | county shall
notify all persons whose names have been certified | 10 | | to him under items (g),
(h), (i), (k), and (o) of Section | 11 | | 4A-101 , other than candidates
for office who have filed their | 12 | | statements with their nominating petitions , of
the | 13 | | requirements for filing statements of economic interests.
A | 14 | | person required to file with a county clerk by virtue of more | 15 | | than one item
among items (g), (h), (i), (k), and (o) shall be | 16 | | notified of and is
required to
file only one statement of | 17 | | economic interests relating to all items under which
the person | 18 | | is required to file with that county clerk.
| 19 | | (g) Except as provided in Section 4A-106.1, the notices | 20 | | provided for in this
Section shall be in writing and deposited | 21 | | in
the U.S. Mail, properly addressed, first class postage | 22 | | prepaid, on or before
the day required by this Section for the | 23 | | sending of the notice. Alternatively, a county clerk may send | 24 | | the notices electronically to all persons whose names have been | 25 | | thus certified to him under item (h), (i), or (k) of Section | 26 | | 4A-101. A certificate
executed by the Secretary of State or |
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| 1 | | county clerk attesting that he or she has sent
the notice by | 2 | | the means permitted by this Section constitutes prima facie | 3 | | evidence thereof.
| 4 | | (h) From the lists certified to him under this Section of | 5 | | persons described in
items (g), (h), (i), (k), and (o) of | 6 | | Section 4A-101, the clerk
of each county shall
compile an | 7 | | alphabetical listing of persons required to file statements of
| 8 | | economic interests in his office under any of those items. As | 9 | | the
statements are filed in his office, the county clerk shall | 10 | | cause the fact
of that filing to be indicated on the | 11 | | alphabetical listing of persons who
are required to file | 12 | | statements. Within 30 days after the due dates, the county
| 13 | | clerk shall mail to the State Board of Elections a true copy of | 14 | | that listing
showing those who have filed statements.
| 15 | | (i) The county clerk of each county shall note upon the | 16 | | alphabetical listing
the names of all persons required to file | 17 | | a statement of economic interests
who failed to file a | 18 | | statement on or before May 1. It shall be the duty of
the | 19 | | several county clerks to give notice as provided in Section | 20 | | 4A-105 to
any person who has failed to file his or her | 21 | | statement with the clerk on or
before May 1.
| 22 | | (j) Any person who files or has filed a statement of | 23 | | economic interest
under this Act is entitled to receive from | 24 | | the Secretary of State or county
clerk, as the case may be, a | 25 | | receipt indicating that the person has filed
such a statement, | 26 | | the date of such filing, and the identity of the
governmental |
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| 1 | | unit or units in relation to which the filing is required.
A | 2 | | county clerk shall issue such receipt either on proof that the | 3 | | person has filed with the Secretary of State in electronic | 4 | | format or upon receipt of a paper form.
| 5 | | (k) The Secretary of State may employ such employees and | 6 | | consultants
as he considers necessary to carry out his duties | 7 | | hereunder, and may
prescribe their duties, fix their | 8 | | compensation, and provide for
reimbursement of their expenses.
| 9 | | (l) The Secretary of State shall, through the Secretary of | 10 | | State's website, provide training related to this Act for | 11 | | ethics officers appointed under the State Officers and | 12 | | Employees Ethics Act and for persons required to file | 13 | | statements of economic interests. | 14 | | (m) All statements of economic interests filed under this | 15 | | Section shall be
available for examination and copying by the | 16 | | public at all reasonable times.
Not later than 12 months after | 17 | | the effective date of this amendatory Act of
the 93rd General | 18 | | Assembly, beginning with statements filed in calendar year
| 19 | | 2004, the Secretary of State shall make statements of economic | 20 | | interests filed
with the Secretary available for inspection and | 21 | | copying via the Secretary's
website.
| 22 | | (Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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