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Public Act 92-0101
HB0289 Enrolled LRB9203789JMmb
AN ACT concerning governmental ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is
amended by changing Sections 4A-102, 4A-103, 4A-104, and
4A-106 as follows:
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests
required by this Article shall include the economic interests
of the person making the statement as provided in this
Section. The interest (if constructively controlled by the
person making the statement) of a spouse or any other party,
shall be considered to be the same as the interest of the
person making the statement. Campaign receipts shall not be
included in this statement.
(a) The following interests shall be listed by all
persons required to file:
(1) The name, address and type of practice of any
professional organization or individual professional
practice in which the person making the statement was an
officer, director, associate, partner or proprietor, or
served in any advisory capacity, from which income in
excess of $1200 was derived during the preceding calendar
year;
(2) The nature of professional services (other than
services rendered to the unit or units of government in
relation to which the person is required to file) and the
nature of the entity to which they were rendered if fees
exceeding $5,000 were received during the preceding
calendar year from the entity for professional services
rendered by the person making the statement.
(3) The identity (including the address or legal
description of real estate) of any capital asset from
which a capital gain of $5,000 or more was realized in
the preceding calendar year.
(4) The name of any unit of government which has
employed the person making the statement during the
preceding calendar year other than the unit or units of
government in relation to which the person is required to
file.
(5) The name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in
the aggregate in excess of $500, was received during the
preceding calendar year.
(b) The following interests shall also be listed by
persons listed in items (a) through (f) of Section 4A-101:
(1) The name and instrument of ownership in any
entity doing business in the State of Illinois, in which
an ownership interest held by the person at the date of
filing is in excess of $5,000 fair market value or from
which dividends of in excess of $1,200 were derived
during the preceding calendar year. (In the case of real
estate, location thereof shall be listed by street
address, or if none, then by legal description). No time
or demand deposit in a financial institution, nor any
debt instrument need be listed;
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income of in excess of $1,200 was derived during
the preceding calendar year, if the entity does business
in the State of Illinois. No time or demand deposit in a
financial institution, nor any debt instrument need be
listed.
(3) The identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the lobbyist
and specifying the legislative matter or matters which
are the object of the lobbying activity, and describing
the general type of economic activity of the client or
principal on whose behalf that person is lobbying.
(c) The following interests shall also be listed by
persons listed in items (g), (h), (i), and (l) of Section
4A-101:
(1) The name and instrument of ownership in any
entity doing business with a the unit of local government
in relation to which the person is required to file if
the ownership interest of the person filing is greater
than $5,000 fair market value as of the date of filing or
if dividends in excess of $1,200 were received from the
entity during the preceding calendar year. (In the case
of real estate, location thereof shall be listed by
street address, or if none, then by legal description).
No time or demand deposit in a financial institution, nor
any debt instrument need be listed.
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income in excess of $1,200 was derived during the
preceding calendar year if the entity does business with
a the unit of local government in relation to which the
person is required to file. No time or demand deposit in
a financial institution, nor any debt instrument need be
listed.
(3) The name of any entity and the nature of the
governmental action requested by any entity which has
applied to a the unit of local government in relation to
which the person must file for any license, franchise or
permit for annexation, zoning or rezoning of real estate
during the preceding calendar year if the ownership
interest of the person filing is in excess of $5,000 fair
market value at the time of filing or if income or
dividends in excess of $1,200 were received by the person
filing from the entity during the preceding calendar
year.
(Source: P.A. 88-511.)
(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
Sec. 4A-103. The statement of economic interests required
by this Article to be filed with the Secretary of State shall
be filled in by typewriting or hand printing, shall be
verified, dated, and signed by the person making the
statement and shall contain substantially the following:
STATEMENT OF ECONOMIC INTEREST
(TYPE OR HAND PRINT)
.............................................................
(name)
.............................................................
(each office or position of employment for which this
statement is filed)
.............................................................
(full post office address to which notification of an
examination of this statement should be sent)
GENERAL DIRECTIONS:
The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall
be considered to be the same as the interest of the person
making the statement.
Campaign receipts shall not be included in this
statement.
If additional space is needed, please attach supplemental
listing.
1. List the name and instrument of ownership in any
entity doing business in the State of Illinois, in which the
ownership interest held by the person at the date of filing
is in excess of $5,000 fair market value or from which
dividends in excess of $1,200 were derived during the
preceding calendar year. (In the case of real estate,
location thereof shall be listed by street address, or if
none, then by legal description.) No time or demand deposit
in a financial institution, nor any debt instrument need be
listed.
Business Entity Instrument of Ownership
.............................. ..............................
.............................. ..............................
.............................. ..............................
.............................. ..............................
2. List the name, address and type of practice of any
professional organization in which the person making the
statement was an officer, director, associate, partner or
proprietor or served in any advisory capacity, from which
income in excess of $1,200 was derived during the preceding
calendar year.
Name Address Type of Practice
................... ................... ....................
................... ................... ....................
................... ................... ....................
3. List the nature of professional services rendered
(other than to the State of Illinois) to each entity from
which income exceeding $5,000 was received for professional
services rendered during the preceding calendar year by the
person making the statement.
.............................................................
.............................................................
4. List the identity (including the address or legal
description of real estate) of any capital asset from which a
capital gain of $5,000 or more was realized during the
preceding calendar year.
.............................................................
.............................................................
5. List the identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the lobbyist and
specifying the legislative matter or matters which are the
object of the lobbying activity, and describing the general
type of economic activity of the client or principal on whose
behalf that person is lobbying.
Lobbyist Legislative Matter Client or Principal
................... ................... ....................
................... ................... ....................
6. List the name of any entity doing business in the
State of Illinois from which income in excess of $1,200 was
derived during the preceding calendar year other than for
professional services and the title or description of any
position held in that entity. (In the case of real estate,
location thereof shall be listed by street address, or if
none, then by legal description). No time or demand deposit
in a financial institution nor any debt instrument need be
listed.
Entity Position Held
.............................. ..............................
.............................. ..............................
.............................. ..............................
7. List the name of any unit of government which
employed the person making the statement during the preceding
calendar year other than the unit or units of government in
relation to which the person is required to file.
.............................................................
.............................................................
8. List the name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in the
aggregate in excess of $500, was received during the
preceding calendar year.
.............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any accompanying schedules and statements) has
been examined by me and to the best of my knowledge and
belief is a true, correct and complete statement of my
economic interests as required by the Illinois Governmental
Ethics Act. I understand that the penalty for willfully
filing a false or incomplete statement shall be a fine not to
exceed $1,000 or imprisonment in a penal institution other
than the penitentiary not to exceed one year, or both fine
and imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 79-508.)
(5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
Sec. 4A-104. The statement of economic interests required
by this Article to be filed with the county clerk shall be
filled in by typewriting or hand printing, shall be verified,
dated, and signed by the person making the statement and
shall contain substantially the following:
STATEMENT OF ECONOMIC INTERESTS
(TYPE OR HAND PRINT)
.............................................................
(Name)
.............................................................
(each office or position of employment for which this
statement is filed) .........................................
(full post office address to which notification of an
examination of this statement should be sent)
GENERAL DIRECTIONS:
The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall
be considered to be the same as the interest of the person
making the statement.
Campaign receipts shall not be included in this
statement.
If additional space is needed, please attach supplemental
listing.
1. List the name and instrument of ownership in any
entity doing business with a the unit of local government in
relation to which the person is required to file, in which
the ownership interest held by the person at the date of
filing is in excess of $5,000 fair market value or from which
dividends in excess of $1,200 were received during the
preceding calendar year. (In the case of real estate,
location thereof shall be listed by street address, or if
none, then by legal description.) No time or demand deposit
in a financial institution, nor any debt instrument shall be
listed.
Business Instrument of Position of
Entity Ownership Management
................... ................... ....................
................... ................... ....................
................... ................... ....................
2. List the name, address and type of practice of any
professional organization in which the person making the
statement was an officer, director, associate, partner or
proprietor, or served in any advisory capacity, from which
income in excess of $1,200 was derived during the preceding
calendar year.
Name Address Type of Practice
................... ................... ....................
................... ................... ....................
................... ................... ....................
3. List the nature of professional services rendered
(other than to the unit or units of local government in
relation to which the person is required to file) to each
entity from which income exceeding $5,000 was received for
professional services rendered during the preceding calendar
year by the person making the statement.
.............................................................
.............................................................
4. List the identity (including the address or legal
description of real estate) of any capital asset from which a
capital gain of $5,000 or more was realized during the
preceding calendar year.
.............................................................
.............................................................
.............................................................
5. List the name of any entity and the nature of the
governmental action requested by any entity which has applied
to a the unit of local government in relation to which the
person must file for any license, franchise or permit for
annexation, zoning or rezoning of real estate during the
preceding calendar year if the ownership interest of the
person filing is in excess of $5,000 fair market value at the
time of filing or if income or dividends in excess of $1200
were received by the person filing from the entity during the
preceding calendar year.
.............................................................
.............................................................
.............................................................
6. List the name of any entity doing business with a the
unit of local government in relation to which the person is
required to file from which income in excess of $1,200 was
derived during the preceding calendar year other than for
professional services and the title or description of any
position held in that entity. No time or demand deposit in a
financial institution nor any debt instrument need be listed.
.............................................................
.............................................................
7. List the name of any unit of government which
employed the person making the statement during the preceding
calendar year other than the unit or units of government in
relation to which the person is required to file.
.............................................................
.............................................................
8. List the name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in the
aggregate in excess of $500, was received during the
preceding calendar year.
.............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any accompanying schedules and statements) has
been examined by me and to the best of my knowledge and
belief is a true, correct and complete statement of my
economic interests as required by the Illinois Governmental
Ethics Act. I understand that the penalty for willfully
filing a false or incomplete statement shall be a fine not to
exceed $1,000 or imprisonment in a penal institution other
than the penitentiary not to exceed one year, or both fine
and imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 79-508.)
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. The statements of economic interests
required of persons listed in items (a) through (f) and item
(j) of Section 4A-101 shall be filed with the Secretary of
State. The statements of economic interests required of
persons listed in items (g), (h), (i), (k), and (l) of
Section 4A-101 shall be filed with the county clerk of the
county in which the principal office of the unit of local
government with which the person is associated is located.
If it is not apparent which county the principal office of a
unit of local government is located, the chief administrative
officer, or his or her designee, has the authority, for
purposes of this Act, to determine the county in which the
principal office is located. On or before February 1
annually, (1) the chief administrative officer of any State
agency in the executive, legislative, or judicial branch
employing persons required to file under item (f) of Section
4A-101 shall certify to the Secretary of State the names and
mailing addresses of those persons, and (2) the chief
administrative officer, or his or her designee, of each unit
of local government with persons described in items (h), (i)
and (k) of Section 4A-101 shall certify to the appropriate
county clerk a list of names and addresses of persons
described in items (h), (i) and (k) of Section 4A-101 that
are required to file. In preparing the lists, each chief
administrative officer, or his or her designee, shall set out
the names in alphabetical order.
On or before February 1 annually, the secretary to the
board of education for local school councils established
pursuant to Section 34-2.1 of the School Code shall certify
to the county clerk the names and mailing addresses of those
persons described in item (l) of Section 4A-101.
On or before April 1 annually, the Secretary of State
shall notify (1) all persons whose names have been certified
to him under item (f) of Section 4A-101, and (2) all persons
described in items (a) through (e) and item (j) of Section
4A-101, other than candidates for office who have filed their
statements with their nominating petitions, of the
requirements for filing statements of economic interests. A
person required to file with the Secretary of State by virtue
of more than one item among items (a) through (f) and item
(j) shall be notified of and is required to file only one
statement of economic interests relating to all items under
which the person is required to file with the Secretary of
State.
On or before April 1 annually, the county clerk of each
county shall notify all persons whose names have been
certified to him under items (g), (h), (i), (k), and (l) of
Section 4A-101, other than candidates for office who have
filed their statements with their nominating petitions, of
the requirements for filing statements of economic interests.
A person required to file with a county clerk by virtue of
more than one item among items (g), (h), (i), (k), and (l)
shall be notified of and is required to file only one
statement of economic interests relating to all items under
which the person is required to file with that county clerk.
Except as provided in Section 4A-106.1, the notices
provided for in this Section shall be in writing and
deposited in the U.S. Mail, properly addressed, first class
postage prepaid, on or before the day required by this
Section for the sending of the notice. A certificate executed
by the Secretary of State or county clerk attesting that he
has mailed the notice constitutes prima facie evidence
thereof.
From the lists certified to him under this Section of
persons described in items (g), (h), (i), (k), and (l) of
Section 4A-101, the clerk of each county shall compile an
alphabetical listing of persons required to file statements
of economic interests in his office under any of those items.
As the statements are filed in his office, the county clerk
shall cause the fact of that filing to be indicated on the
alphabetical listing of persons who are required to file
statements. Within 30 days after the due dates, the county
clerk shall mail to the State Board of Elections a true copy
of that listing showing those who have filed statements.
The county clerk of each county shall note upon the
alphabetical listing the names of all persons required to
file a statement of economic interests who failed to file a
statement on or before May 1. It shall be the duty of the
several county clerks to give notice as provided in Section
4A-105 to any person who has failed to file his or her
statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Act is entitled to receive from the
Secretary of State or county clerk, as the case may be, a
receipt indicating that the person has filed such a
statement, the date of such filing, and the identity of the
governmental unit or units in relation to which the filing is
required.
The Secretary of State may employ such employees and
consultants as he considers necessary to carry out his duties
hereunder, and may prescribe their duties, fix their
compensation, and provide for reimbursement of their
expenses.
All statements of economic interests filed under this
Section shall be available for examination and copying by the
public at all reasonable times. Each person examining a
statement must first fill out a form prepared by the
Secretary of State identifying the examiner by name,
occupation, address and telephone number, and listing the
date of examination and reason for such examination. The
Secretary of State shall supply such forms to the county
clerks annually and replenish such forms upon request.
The Secretary of State or county clerk, as the case may
be, shall promptly notify each person required to file a
statement under this Article of each instance of an
examination of his statement by sending him a duplicate
original of the identification form filled out by the person
examining his statement.
(Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433,
eff. 12-15-95.)
Passed in the General Assembly May 02, 2001.
Approved July 20, 2001.
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