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91_HB3843
LRB9111032JMsb
1 AN ACT to amend the Illinois Governmental Ethics Act by
2 changing Sections 4A-102, 4A-103, 4A-104, and 4A-106.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Governmental Ethics Act is
6 amended by changing Sections 4A-102, 4A-103, 4A-104, and
7 4A-106 as follows:
8 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
9 Sec. 4A-102. The statement of economic interests
10 required by this Article shall include the economic interests
11 of the person making the statement as provided in this
12 Section. The interest (if constructively controlled by the
13 person making the statement) of a spouse or any other party,
14 shall be considered to be the same as the interest of the
15 person making the statement. Campaign receipts shall not be
16 included in this statement.
17 (a) The following interests shall be listed by all
18 persons required to file:
19 (1) The name, address and type of practice of any
20 professional organization or individual professional
21 practice in which the person making the statement was an
22 officer, director, associate, partner or proprietor, or
23 served in any advisory capacity, from which income in
24 excess of $1200 was derived during the preceding calendar
25 year;
26 (2) The nature of professional services (other than
27 services rendered to the unit or units of government in
28 relation to which the person is required to file) and the
29 nature of the entity to which they were rendered if fees
30 exceeding $5,000 were received during the preceding
31 calendar year from the entity for professional services
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1 rendered by the person making the statement.
2 (3) The identity (including the address or legal
3 description of real estate) of any capital asset from
4 which a capital gain of $5,000 or more was realized in
5 the preceding calendar year.
6 (4) The name of any unit of government which has
7 employed the person making the statement during the
8 preceding calendar year other than the unit or units of
9 government in relation to which the person is required to
10 file.
11 (5) The name of any entity from which a gift or
12 gifts, or honorarium or honoraria, valued singly or in
13 the aggregate in excess of $500, was received during the
14 preceding calendar year.
15 (b) The following interests shall also be listed by
16 persons listed in items (a) through (f) of Section 4A-101:
17 (1) The name and instrument of ownership in any
18 entity doing business in the State of Illinois, in which
19 an ownership interest held by the person at the date of
20 filing is in excess of $5,000 fair market value or from
21 which dividends of in excess of $1,200 were derived
22 during the preceding calendar year. (In the case of real
23 estate, location thereof shall be listed by street
24 address, or if none, then by legal description). No time
25 or demand deposit in a financial institution, nor any
26 debt instrument need be listed;
27 (2) Except for professional service entities, the
28 name of any entity and any position held therein from
29 which income of in excess of $1,200 was derived during
30 the preceding calendar year, if the entity does business
31 in the State of Illinois. No time or demand deposit in a
32 financial institution, nor any debt instrument need be
33 listed.
34 (3) The identity of any compensated lobbyist with
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1 whom the person making the statement maintains a close
2 economic association, including the name of the lobbyist
3 and specifying the legislative matter or matters which
4 are the object of the lobbying activity, and describing
5 the general type of economic activity of the client or
6 principal on whose behalf that person is lobbying.
7 (c) The following interests shall also be listed by
8 persons listed in items (g), (h), (i), and (l) of Section
9 4A-101:
10 (1) The name and instrument of ownership in any
11 entity doing business with a the unit of local government
12 in relation to which the person is required to file if
13 the ownership interest of the person filing is greater
14 than $5,000 fair market value as of the date of filing or
15 if dividends in excess of $1,200 were received from the
16 entity during the preceding calendar year. (In the case
17 of real estate, location thereof shall be listed by
18 street address, or if none, then by legal description).
19 No time or demand deposit in a financial institution, nor
20 any debt instrument need be listed.
21 (2) Except for professional service entities, the
22 name of any entity and any position held therein from
23 which income in excess of $1,200 was derived during the
24 preceding calendar year if the entity does business with
25 a the unit of local government in relation to which the
26 person is required to file. No time or demand deposit in
27 a financial institution, nor any debt instrument need be
28 listed.
29 (3) The name of any entity and the nature of the
30 governmental action requested by any entity which has
31 applied to a the unit of local government in relation to
32 which the person must file for any license, franchise or
33 permit for annexation, zoning or rezoning of real estate
34 during the preceding calendar year if the ownership
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1 interest of the person filing is in excess of $5,000 fair
2 market value at the time of filing or if income or
3 dividends in excess of $1,200 were received by the person
4 filing from the entity during the preceding calendar
5 year.
6 (Source: P.A. 88-511.)
7 (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
8 Sec. 4A-103. The statement of economic interests required
9 by this Article to be filed with the Secretary of State shall
10 be filled in by typewriting or hand printing, shall be
11 verified, dated, and signed by the person making the
12 statement and shall contain substantially the following:
13 STATEMENT OF ECONOMIC INTEREST
14 (TYPE OR HAND PRINT)
15 .............................................................
16 (name)
17 .............................................................
18 (each office or position of employment for which this
19 statement is filed)
20 .............................................................
21 (full post office address to which notification of an
22 examination of this statement should be sent)
23 GENERAL DIRECTIONS:
24 The interest (if constructively controlled by the person
25 making the statement) of a spouse or any other party, shall
26 be considered to be the same as the interest of the person
27 making the statement.
28 Campaign receipts shall not be included in this
29 statement.
30 If additional space is needed, please attach supplemental
31 listing.
32 1. List the name and instrument of ownership in any
33 entity doing business in the State of Illinois, in which the
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1 ownership interest held by the person at the date of filing
2 is in excess of $5,000 fair market value or from which
3 dividends in excess of $1,200 were derived during the
4 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 Business Entity Instrument of Ownership
10 .............................. ..............................
11 .............................. ..............................
12 .............................. ..............................
13 .............................. ..............................
14 2. List the name, address and type of practice of any
15 professional organization in which the person making the
16 statement was an officer, director, associate, partner or
17 proprietor or served in any advisory capacity, from which
18 income in excess of $1,200 was derived during the preceding
19 calendar year.
20 Name Address Type of Practice
21 ................... ................... ....................
22 ................... ................... ....................
23 ................... ................... ....................
24 3. List the nature of professional services rendered
25 (other than to the State of Illinois) to each entity from
26 which income exceeding $5,000 was received for professional
27 services rendered during the preceding calendar year by the
28 person making the statement.
29 .............................................................
30 .............................................................
31 4. List the identity (including the address or legal
32 description of real estate) of any capital asset from which a
33 capital gain of $5,000 or more was realized during the
34 preceding calendar year.
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1 .............................................................
2 .............................................................
3 5. List the identity of any compensated lobbyist with
4 whom the person making the statement maintains a close
5 economic association, including the name of the lobbyist and
6 specifying the legislative matter or matters which are the
7 object of the lobbying activity, and describing the general
8 type of economic activity of the client or principal on whose
9 behalf that person is lobbying.
10 Lobbyist Legislative Matter Client or Principal
11 ................... ................... ....................
12 ................... ................... ....................
13 6. List the name of any entity doing business in the
14 State of Illinois from which income in excess of $1,200 was
15 derived during the preceding calendar year other than for
16 professional services and the title or description of any
17 position held in that entity. (In the case of real estate,
18 location thereof shall be listed by street address, or if
19 none, then by legal description). No time or demand deposit
20 in a financial institution nor any debt instrument need be
21 listed.
22 Entity Position Held
23 .............................. ..............................
24 .............................. ..............................
25 .............................. ..............................
26 7. List the name of any unit of government which
27 employed the person making the statement during the preceding
28 calendar year other than the unit or units of government in
29 relation to which the person is required to file.
30 .............................................................
31 .............................................................
32 8. List the name of any entity from which a gift or
33 gifts, or honorarium or honoraria, valued singly or in the
34 aggregate in excess of $500, was received during the
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1 preceding calendar year.
2 .............................................................
3 VERIFICATION:
4 "I declare that this statement of economic interests
5 (including any accompanying schedules and statements) has
6 been examined by me and to the best of my knowledge and
7 belief is a true, correct and complete statement of my
8 economic interests as required by the Illinois Governmental
9 Ethics Act. I understand that the penalty for willfully
10 filing a false or incomplete statement shall be a fine not to
11 exceed $1,000 or imprisonment in a penal institution other
12 than the penitentiary not to exceed one year, or both fine
13 and imprisonment."
14 ................ ..........................................
15 (date of filing) (signature of person making the statement)
16 (Source: P.A. 79-508.)
17 (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
18 Sec. 4A-104. The statement of economic interests required
19 by this Article to be filed with the county clerk shall be
20 filled in by typewriting or hand printing, shall be verified,
21 dated, and signed by the person making the statement and
22 shall contain substantially the following:
23 STATEMENT OF ECONOMIC INTERESTS
24 (TYPE OR HAND PRINT)
25 .............................................................
26 (Name)
27 .............................................................
28 (each office or position of employment for which this
29 statement is filed) .........................................
30 (full post office address to which notification of an
31 examination of this statement should be sent)
32 GENERAL DIRECTIONS:
33 The interest (if constructively controlled by the person
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1 making the statement) of a spouse or any other party, shall
2 be considered to be the same as the interest of the person
3 making the statement.
4 Campaign receipts shall not be included in this
5 statement.
6 If additional space is needed, please attach supplemental
7 listing.
8 1. List the name and instrument of ownership in any
9 entity doing business with a the unit of local government in
10 relation to which the person is required to file, in which
11 the ownership interest held by the person at the date of
12 filing is in excess of $5,000 fair market value or from which
13 dividends in excess of $1,200 were received during the
14 preceding calendar year. (In the case of real estate,
15 location thereof shall be listed by street address, or if
16 none, then by legal description.) No time or demand deposit
17 in a financial institution, nor any debt instrument shall be
18 listed.
19 Business Instrument of Position of
20 Entity Ownership Management
21 ................... ................... ....................
22 ................... ................... ....................
23 ................... ................... ....................
24 2. List the name, address and type of practice of any
25 professional organization in which the person making the
26 statement was an officer, director, associate, partner or
27 proprietor, or served in any advisory capacity, from which
28 income in excess of $1,200 was derived during the preceding
29 calendar year.
30 Name Address Type of Practice
31 ................... ................... ....................
32 ................... ................... ....................
33 ................... ................... ....................
34 3. List the nature of professional services rendered
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1 (other than to the unit or units of local government in
2 relation to which the person is required to file) to each
3 entity from which income exceeding $5,000 was received for
4 professional services rendered during the preceding calendar
5 year by the person making the statement.
6 .............................................................
7 .............................................................
8 4. List the identity (including the address or legal
9 description of real estate) of any capital asset from which a
10 capital gain of $5,000 or more was realized during the
11 preceding calendar year.
12 .............................................................
13 .............................................................
14 .............................................................
15 5. List the name of any entity and the nature of the
16 governmental action requested by any entity which has applied
17 to a the unit of local government in relation to which the
18 person must file for any license, franchise or permit for
19 annexation, zoning or rezoning of real estate during the
20 preceding calendar year if the ownership interest of the
21 person filing is in excess of $5,000 fair market value at the
22 time of filing or if income or dividends in excess of $1200
23 were received by the person filing from the entity during the
24 preceding calendar year.
25 .............................................................
26 .............................................................
27 .............................................................
28 6. List the name of any entity doing business with a the
29 unit of local government in relation to which the person is
30 required to file from which income in excess of $1,200 was
31 derived during the preceding calendar year other than for
32 professional services and the title or description of any
33 position held in that entity. No time or demand deposit in a
34 financial institution nor any debt instrument need be listed.
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1 .............................................................
2 .............................................................
3 7. List the name of any unit of government which
4 employed the person making the statement during the preceding
5 calendar year other than the unit or units of government in
6 relation to which the person is required to file.
7 .............................................................
8 .............................................................
9 8. List the name of any entity from which a gift or
10 gifts, or honorarium or honoraria, valued singly or in the
11 aggregate in excess of $500, was received during the
12 preceding calendar year.
13 .............................................................
14 VERIFICATION:
15 "I declare that this statement of economic interests
16 (including any accompanying schedules and statements) has
17 been examined by me and to the best of my knowledge and
18 belief is a true, correct and complete statement of my
19 economic interests as required by the Illinois Governmental
20 Ethics Act. I understand that the penalty for willfully
21 filing a false or incomplete statement shall be a fine not to
22 exceed $1,000 or imprisonment in a penal institution other
23 than the penitentiary not to exceed one year, or both fine
24 and imprisonment."
25 ................ ..........................................
26 (date of filing) (signature of person making the statement)
27 (Source: P.A. 79-508.)
28 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
29 Sec. 4A-106. The statements of economic interests
30 required of persons listed in items (a) through (f) and item
31 (j) of Section 4A-101 shall be filed with the Secretary of
32 State. The statements of economic interests required of
33 persons listed in items (g), (h), (i), (k), and (l) of
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1 Section 4A-101 shall be filed with the county clerk of the
2 county in which the principal office of the unit of local
3 government with which the person is associated is located.
4 If it is not apparent which county the principal office of a
5 unit of local government is located, the chief administrative
6 officer, or his or her designee, has the authority, for
7 purposes of this Act, to determine the county in which the
8 principal office is located. On or before February 1
9 annually, (1) the chief administrative officer of any State
10 agency in the executive, legislative, or judicial branch
11 employing persons required to file under item (f) of Section
12 4A-101 shall certify to the Secretary of State the names and
13 mailing addresses of those persons, and (2) the chief
14 administrative officer, or his or her designee, of each unit
15 of local government with persons described in items (h), (i)
16 and (k) of Section 4A-101 shall certify to the appropriate
17 county clerk a list of names and addresses of persons
18 described in items (h), (i) and (k) of Section 4A-101 that
19 are required to file. In preparing the lists, each chief
20 administrative officer, or his or her designee, shall set out
21 the names in alphabetical order.
22 On or before February 1 annually, the secretary to the
23 board of education for local school councils established
24 pursuant to Section 34-2.1 of the School Code shall certify
25 to the county clerk the names and mailing addresses of those
26 persons described in item (l) of Section 4A-101.
27 On or before April 1 annually, the Secretary of State
28 shall notify (1) all persons whose names have been certified
29 to him under item (f) of Section 4A-101, and (2) all persons
30 described in items (a) through (e) and item (j) of Section
31 4A-101, other than candidates for office who have filed their
32 statements with their nominating petitions, of the
33 requirements for filing statements of economic interests. A
34 person required to file with the Secretary of State by virtue
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1 of more than one item among items (a) through (f) and item
2 (j) shall be notified of and is required to file only one
3 statement of economic interests relating to all items under
4 which the person is required to file with the Secretary of
5 State.
6 On or before April 1 annually, the county clerk of each
7 county shall notify all persons whose names have been
8 certified to him under items (g), (h), (i), (k), and (l) of
9 Section 4A-101, other than candidates for office who have
10 filed their statements with their nominating petitions, of
11 the requirements for filing statements of economic interests.
12 A person required to file with a county clerk by virtue of
13 more than one item among items (g), (h), (i), (k), and (l)
14 shall be notified of and is required to file only one
15 statement of economic interests relating to all items under
16 which the person is required to file with that county clerk.
17 Except as provided in Section 4A-106.1, the notices
18 provided for in this Section shall be in writing and
19 deposited in the U.S. Mail, properly addressed, first class
20 postage prepaid, on or before the day required by this
21 Section for the sending of the notice. A certificate executed
22 by the Secretary of State or county clerk attesting that he
23 has mailed the notice constitutes prima facie evidence
24 thereof.
25 From the lists certified to him under this Section of
26 persons described in items (g), (h), (i), (k), and (l) of
27 Section 4A-101, the clerk of each county shall compile an
28 alphabetical listing of persons required to file statements
29 of economic interests in his office under any of those items.
30 As the statements are filed in his office, the county clerk
31 shall cause the fact of that filing to be indicated on the
32 alphabetical listing of persons who are required to file
33 statements. Within 30 days after the due dates, the county
34 clerk shall mail to the State Board of Elections a true copy
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1 of that listing showing those who have filed statements.
2 The county clerk of each county shall note upon the
3 alphabetical listing the names of all persons required to
4 file a statement of economic interests who failed to file a
5 statement on or before May 1. It shall be the duty of the
6 several county clerks to give notice as provided in Section
7 4A-105 to any person who has failed to file his or her
8 statement with the clerk on or before May 1.
9 Any person who files or has filed a statement of economic
10 interest under this Act is entitled to receive from the
11 Secretary of State or county clerk, as the case may be, a
12 receipt indicating that the person has filed such a
13 statement, the date of such filing, and the identity of the
14 governmental unit or units in relation to which the filing is
15 required.
16 The Secretary of State may employ such employees and
17 consultants as he considers necessary to carry out his duties
18 hereunder, and may prescribe their duties, fix their
19 compensation, and provide for reimbursement of their
20 expenses.
21 All statements of economic interests filed under this
22 Section shall be available for examination and copying by the
23 public at all reasonable times. Each person examining a
24 statement must first fill out a form prepared by the
25 Secretary of State identifying the examiner by name,
26 occupation, address and telephone number, and listing the
27 date of examination and reason for such examination. The
28 Secretary of State shall supply such forms to the county
29 clerks annually and replenish such forms upon request.
30 The Secretary of State or county clerk, as the case may
31 be, shall promptly notify each person required to file a
32 statement under this Article of each instance of an
33 examination of his statement by sending him a duplicate
34 original of the identification form filled out by the person
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1 examining his statement.
2 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433,
3 eff. 12-15-95.)