100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1777

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-102  from Ch. 127, par. 604A-102
5 ILCS 420/4A-103  from Ch. 127, par. 604A-103

    Amends the Illinois Governmental Ethics Act. Requires anyone required to file a disclosure under the Act to disclose the name and location of any and all assets held outside the United States from which income in excess of $5,000 was derived during the preceding calendar year; the name of any country where the person making the statement filed an international individual income tax return during the preceding calendar year and the international individual income tax liability; and the name and country of any professional organization which filed an international corporate income tax return during the preceding calendar year in which the person making the statement was an officer, director, associate, partner, or proprietor or served in any advisory capacity as well as the amount of income tax liability. Sets forth certain requirements and forms. Effective immediately.


LRB100 07823 RJF 17890 b

 

 

A BILL FOR

 

HB1777LRB100 07823 RJF 17890 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 4A-102 and 4A-103 as follows:
 
6    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
7    Sec. 4A-102. The statement of economic interests required
8by this Article shall include the economic interests of the
9person making the statement as provided in this Section. The
10interest (if constructively controlled by the person making the
11statement) of a spouse or any other party, shall be considered
12to be the same as the interest of the person making the
13statement. Campaign receipts shall not be included in this
14statement.
15        (a) The following interests shall be listed by all
16    persons required to file:
17            (1) The name, address and type of practice of any
18        professional organization or individual professional
19        practice in which the person making the statement was
20        an officer, director, associate, partner or
21        proprietor, or served in any advisory capacity, from
22        which income in excess of $1200 was derived during the
23        preceding calendar year;

 

 

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1            (2) The nature of professional services (other
2        than services rendered to the unit or units of
3        government in relation to which the person is required
4        to file) and the nature of the entity to which they
5        were rendered if fees exceeding $5,000 were received
6        during the preceding calendar year from the entity for
7        professional services rendered by the person making
8        the statement.
9            (3) The identity (including the address or legal
10        description of real estate) of any capital asset from
11        which a capital gain of $5,000 or more was realized in
12        the preceding calendar year.
13            (4) The name of any unit of government which has
14        employed the person making the statement during the
15        preceding calendar year other than the unit or units of
16        government in relation to which the person is required
17        to file.
18            (5) The name of any entity from which a gift or
19        gifts, or honorarium or honoraria, valued singly or in
20        the aggregate in excess of $500, was received during
21        the preceding calendar year.
22        (b) The following interests shall also be listed by
23    persons listed in items (a) through (f), item (l), item
24    (n), and item (p) of Section 4A-101:
25            (1) The name and instrument of ownership in any
26        entity doing business in the State of Illinois, in

 

 

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1        which an ownership interest held by the person at the
2        date of filing is in excess of $5,000 fair market value
3        or from which dividends of in excess of $1,200 were
4        derived during the preceding calendar year. (In the
5        case of real estate, location thereof shall be listed
6        by street address, or if none, then by legal
7        description). No time or demand deposit in a financial
8        institution, nor any debt instrument need be listed;
9            (2) Except for professional service entities, the
10        name of any entity and any position held therein from
11        which income of in excess of $1,200 was derived during
12        the preceding calendar year, if the entity does
13        business in the State of Illinois. No time or demand
14        deposit in a financial institution, nor any debt
15        instrument need be listed.
16            (3) The identity of any compensated lobbyist with
17        whom the person making the statement maintains a close
18        economic association, including the name of the
19        lobbyist and specifying the legislative matter or
20        matters which are the object of the lobbying activity,
21        and describing the general type of economic activity of
22        the client or principal on whose behalf that person is
23        lobbying.
24            (4) The name and location of any and all assets
25        held outside the United States from which income in
26        excess of $5,000 was derived during the preceding

 

 

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1        calendar year. If the asset is held by a financial
2        institution, the name of the financial institution and
3        the city and country where the asset is held shall be
4        disclosed. In the case of real estate, the location
5        thereof shall be listed by street address or, if none,
6        then by legal description, including the city and
7        country.
8            (5) The name of any country (other than the United
9        States) where the person making the statement filed an
10        international individual income tax return during the
11        preceding calendar year and the international
12        individual income tax liability, in United States
13        dollars, of the person making the statement to the
14        foreign country. If the person making the statement
15        filed an international individual income tax return in
16        a particular foreign country, but had no international
17        individual income tax liability to the foreign
18        country, the name of the country must still be
19        disclosed and the international individual income tax
20        liability shall be listed as "$0.00."
21            (6) The name and country (other than the United
22        States) of any professional organization in which the
23        person making the statement was an officer, director,
24        associate, partner, or proprietor or served in any
25        advisory capacity and which filed an international
26        corporate income tax return during the preceding

 

 

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1        calendar year, and the international corporate income
2        tax liability, in United States dollars, of the
3        professional organization in which the person making
4        the statement was an officer, director, associate,
5        partner, or proprietor or served in any advisory
6        capacity. If the professional organization in which
7        the person making the statement was an officer,
8        director, associate, partner, or proprietor or served
9        in any advisory capacity filed an international
10        corporate income tax return in a particular foreign
11        country, but had no international corporate income tax
12        liability to that foreign country, the name of the
13        country must still be disclosed and the international
14        corporate income tax liability shall be listed as
15        "$0.00."
16        (c) The following interests shall also be listed by
17    persons listed in items (g), (h), (i), and (o) of Section
18    4A-101:
19            (1) The name and instrument of ownership in any
20        entity doing business with a unit of local government
21        in relation to which the person is required to file if
22        the ownership interest of the person filing is greater
23        than $5,000 fair market value as of the date of filing
24        or if dividends in excess of $1,200 were received from
25        the entity during the preceding calendar year. (In the
26        case of real estate, location thereof shall be listed

 

 

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1        by street address, or if none, then by legal
2        description). No time or demand deposit in a financial
3        institution, nor any debt instrument need be listed.
4            (2) Except for professional service entities, the
5        name of any entity and any position held therein from
6        which income in excess of $1,200 was derived during the
7        preceding calendar year if the entity does business
8        with a unit of local government in relation to which
9        the person is required to file. No time or demand
10        deposit in a financial institution, nor any debt
11        instrument need be listed.
12            (3) The name of any entity and the nature of the
13        governmental action requested by any entity which has
14        applied to a unit of local government in relation to
15        which the person must file for any license, franchise
16        or permit for annexation, zoning or rezoning of real
17        estate during the preceding calendar year if the
18        ownership interest of the person filing is in excess of
19        $5,000 fair market value at the time of filing or if
20        income or dividends in excess of $1,200 were received
21        by the person filing from the entity during the
22        preceding calendar year.
23    For the purposes of this Section, the unit of local
24government in relation to which a person required to file under
25item (o) of Section 4A-101 shall be the unit of local
26government that contributes to the pension fund of which such

 

 

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1person is a member of the board.
2(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
 
3    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
4    Sec. 4A-103. The statement of economic interests required
5by this Article to be filed with the Secretary of State shall
6be filled in by typewriting or hand printing, shall be
7verified, dated, and signed by the person making the statement
8and shall contain substantially the following:
9
STATEMENT OF ECONOMIC INTEREST
10
(TYPE OR HAND PRINT)
11.............................................................
12(name)
13.............................................................
14(each office or position of employment for which this statement
15is filed)
16.............................................................
17(full mailing address)
18GENERAL DIRECTIONS:
19    The interest (if constructively controlled by the person
20making the statement) of a spouse or any other party, shall be
21considered to be the same as the interest of the person making
22the statement.
23    Campaign receipts shall not be included in this statement.
24    If additional space is needed, please attach supplemental
25listing.

 

 

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1    1. List the name and instrument of ownership in any entity
2doing business in the State of Illinois, in which the ownership
3interest held by the person at the date of filing is in excess
4of $5,000 fair market value or from which dividends in excess
5of $1,200 were derived during the preceding calendar year. (In
6the case of real estate, location thereof shall be listed by
7street address, or if none, then by legal description.) No time
8or demand deposit in a financial institution, nor any debt
9instrument need be listed.
10Business EntityInstrument of Ownership
11..............................................................
12..............................................................
13..............................................................
14..............................................................
15    2. List the name, address and type of practice of any
16professional organization in which the person making the
17statement was an officer, director, associate, partner or
18proprietor or served in any advisory capacity, from which
19income in excess of $1,200 was derived during the preceding
20calendar year.
21NameAddressType of Practice
22.............................................................
23.............................................................
24.............................................................
25    3. List the nature of professional services rendered (other
26than to the State of Illinois) to each entity from which income

 

 

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1exceeding $5,000 was received for professional services
2rendered during the preceding calendar year by the person
3making the statement.
4.............................................................
5.............................................................
6    4. List the identity (including the address or legal
7description of real estate) of any capital asset from which a
8capital gain of $5,000 or more was realized during the
9preceding calendar year.
10.............................................................
11.............................................................
12    5. List the identity of any compensated lobbyist with whom
13the person making the statement maintains a close economic
14association, including the name of the lobbyist and specifying
15the legislative matter or matters which are the object of the
16lobbying activity, and describing the general type of economic
17activity of the client or principal on whose behalf that person
18is lobbying.
19LobbyistLegislative MatterClient or Principal
20.............................................................
21.............................................................
22    6. List the name of any entity doing business in the State
23of Illinois from which income in excess of $1,200 was derived
24during the preceding calendar year other than for professional
25services and the title or description of any position held in
26that entity. (In the case of real estate, location thereof

 

 

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1shall be listed by street address, or if none, then by legal
2description). No time or demand deposit in a financial
3institution nor any debt instrument need be listed.
4EntityPosition Held
5..............................................................
6..............................................................
7..............................................................
8    7. List the name of any unit of government which employed
9the person making the statement during the preceding calendar
10year other than the unit or units of government in relation to
11which the person is required to file.
12.............................................................
13.............................................................
14    8. List the name of any entity from which a gift or gifts,
15or honorarium or honoraria, valued singly or in the aggregate
16in excess of $500, was received during the preceding calendar
17year.
18.............................................................
19    9. List the name and location of any and all assets held
20outside the United States from which income in excess of $5,000
21was derived during the preceding calendar year. If the asset is
22held by a financial institution, the name of the financial
23institution and the city and country where the asset is held
24shall be disclosed. In the case of real estate, the location
25thereof shall be listed by street address or, if none, then by
26legal description, including the city and country.

 

 

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1NameLocation (city and country)
2..............................................................
3..............................................................
4..............................................................
5    10. List the name of any country (other than the United
6States) where the person making the statement filed an
7international individual income tax return during the
8preceding calendar year and the international individual
9income tax liability, in United States dollars, of the person
10making the statement to the foreign country. If the person
11making the statement filed an international individual income
12tax return in a particular foreign country, but had no
13international individual income tax liability to the foreign
14country, state the name of the country, and list "$0.00" for
15that foreign country's international individual income tax
16liability.
17CountryIncome Tax Liability (in USD)
18..............................................................
19..............................................................
20..............................................................
21    11. List the name and country (other than the United
22States) of any professional organization in which the person
23making the statement was an officer, director, associate,
24partner, or proprietor or served in any advisory capacity and
25which filed an international corporate income tax return during
26the preceding calendar year, and the international corporate

 

 

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1income tax liability, in United States dollars, of the
2professional organization in which the person making the
3statement was an officer, director, associate, partner, or
4proprietor or served in any advisory capacity. If the
5professional organization in which the person making the
6statement was an officer, director, associate, partner, or
7proprietor or served in any advisory capacity filed an
8international corporate income tax return in a particular
9foreign country, but had no international corporate income tax
10liability to that foreign country, state the name of the
11country, and list "$0.00" for that foreign country's
12international corporate income tax liability.
13Name  Country   Income Tax Liability
14  (in USD)
15...............................................................
16...............................................................
17...............................................................
18VERIFICATION:
19    "I declare that this statement of economic interests
20(including any accompanying schedules and statements) has been
21examined by me and to the best of my knowledge and belief is a
22true, correct and complete statement of my economic interests
23as required by the Illinois Governmental Ethics Act. I
24understand that the penalty for willfully filing a false or
25incomplete statement shall be a fine not to exceed $1,000 or
26imprisonment in a penal institution other than the penitentiary

 

 

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1not to exceed one year, or both fine and imprisonment."
2................  ..........................................
3(date of filing)   (signature of person making the statement)
4(Source: P.A. 95-173, eff. 1-1-08.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.