Full Text of HB1435 97th General Assembly
HB1435 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1435 Introduced , by Rep. Robyn Gabel 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; 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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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 | 3 | | persons required to
file:
| 4 | | (1) The source, type, and amount or value of income | 5 | | (other than income referred to in subsection (a)(2)) | 6 | | from any source other than from current employment by | 7 | | the State of Illinois. | 8 | | (2) The source and type of income, which consists | 9 | | of income from dividends, rents, interest, trusts, and | 10 | | capital gains, received during the preceding calendar | 11 | | year that exceeds $200 in amount or value, and an | 12 | | indication of the appropriate category of value such | 13 | | item of income is within. | 14 | | (3) The source, date, and amount of payments made | 15 | | to charitable organizations in lieu of honoraria with a | 16 | | corresponding list of recipients of all such payments, | 17 | | together with the dates and amounts of such payments. | 18 | | (4) The identity and category of value of any | 19 | | interest in property held during the preceding | 20 | | calendar year in a trade or business or for investment | 21 | | or production of income, if the property has a fair | 22 | | market value in excess of $1,000 at the close of the | 23 | | preceding calendar year. This item does not include any | 24 | | personal liability owed (i) to the person filing the | 25 | | statement by his or her immediate family members or | 26 | | (ii) to the spouse of the person filing the statement. |
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| 1 | | This paragraph (4) also does not include deposits | 2 | | aggregating to $5,000 or less in a personal savings | 3 | | account, including certificates of deposit and any | 4 | | other form of deposit in a bank, savings and loan | 5 | | association, credit union, or similar financial | 6 | | institution. | 7 | | (5) The identity and category of value of the total | 8 | | liabilities in excess of $5,000 owed at any time during | 9 | | the preceding calendar year to any creditor other than | 10 | | (i) an immediate family member of the person filing the | 11 | | statement or (ii) an immediate family member of the | 12 | | spouse of the person filing the statement. This item | 13 | | does not include: | 14 | | (A) Any mortgage secured by real property that | 15 | | is the primary personal residence of the person | 16 | | filing the statement. | 17 | | (B) Any loan secured by a personal motor | 18 | | vehicle, household furniture, appliance, or other | 19 | | similar effect if the loan does not exceed the | 20 | | purchase price of the item or items that secure it. | 21 | | (C) Any debt owed by a political committee | 22 | | associated with the person filing the statement, | 23 | | provided that such debt is reported as required by | 24 | | Article 9 of the Election Code. | 25 | | With regard to revolving charge accounts, the | 26 | | person filing the statement need report only his or her |
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| 1 | | outstanding aggregate liability across all accounts, | 2 | | and only if in excess of $10,000 at the close of the | 3 | | preceding calendar year. | 4 | | (6) A brief description, the date, and the category | 5 | | of value of any purchase, sale, or exchange in excess | 6 | | of $1,000 during the preceding calendar year of (i) | 7 | | real property other than real property used solely for | 8 | | the primary personal residence of the person filing the | 9 | | statement or his or her spouse or (ii) stocks, bonds, | 10 | | commodity futures, and other forms of securities. This | 11 | | item does not apply to transactions solely by and | 12 | | between the person filing the statement and his or her | 13 | | immediate family members. | 14 | | (7) The identity of all positions held during the | 15 | | preceding calendar year as an officer, director, | 16 | | trustee, partner, proprietor, representative, | 17 | | employee, or consultant of any corporation, company, | 18 | | firm, partnership, other business enterprise, | 19 | | non-profit organization, labor organization, or | 20 | | educational or other institution of the State, a unit | 21 | | of government, a school district, or the United States. | 22 | | This item does not apply to positions in religious, | 23 | | social, fraternal, or political organizations or | 24 | | positions of a solely honorary nature. | 25 | | (8) The date of, the parties to, and a description | 26 | | of the terms of any agreement or arrangement with |
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| 1 | | respect to (i) future employment; (ii) a leave of | 2 | | absence from the unit of government in relation to | 3 | | which the person is required to file the statement; | 4 | | (iii) contributions or payments by a former employer | 5 | | other than the unit of government in relation to which | 6 | | the person is required to file the statement; and (iv) | 7 | | continuing participation in an employee welfare or | 8 | | benefit plan with a former employer. | 9 | | (9) The source, date, and amount of honoraria | 10 | | aggregating to $200 or more during the preceding | 11 | | calendar year. | 12 | | (10) The source, date, and amount or value of any | 13 | | gift or gifts (i) valued singularly or in the aggregate | 14 | | in excess of $500 during the preceding calendar year to | 15 | | the person filing the statement or an immediate family | 16 | | member of the person filing the statement, from any | 17 | | person other than an immediate family member or (ii) | 18 | | from a prohibited source as defined by the State | 19 | | Officials and Employees Ethics Act, even if that source | 20 | | is also an immediate family member, and within any of | 21 | | the following captioned items listed in Section 10-15 | 22 | | of that Act, regardless of whether the person filing | 23 | | the statement is otherwise subject to that Act: | 24 | | educational materials and missions; and travel | 25 | | expenses for a meeting to discuss State government. | 26 | | (1) The name, address and type of practice of any |
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| 1 | | professional
organization or individual professional | 2 | | practice in which the person making
the statement was | 3 | | an officer, director, associate, partner or | 4 | | proprietor,
or served in any advisory capacity, from | 5 | | which income in excess of $1200
was derived during the | 6 | | preceding calendar year;
| 7 | | (2) The nature of professional services (other | 8 | | than services rendered to
the unit or units of | 9 | | government in relation to which the person is required
| 10 | | to file)
and the nature of the entity to which they | 11 | | were rendered if fees exceeding
$5,000 were received | 12 | | during the preceding calendar year from the entity for
| 13 | | professional services rendered by the person making | 14 | | the statement.
| 15 | | (3) The identity (including the address or legal | 16 | | description of real
estate) of any capital asset from | 17 | | which a capital gain of $5,000 or more
was realized in | 18 | | the preceding calendar year.
| 19 | | (11) (4) The name of any unit of government which | 20 | | has employed the person
making the statement during the | 21 | | preceding calendar year other than the unit
or units of | 22 | | government in relation to which the person is required | 23 | | to file.
| 24 | | (5) The name of any entity from which a gift or | 25 | | gifts, or honorarium or
honoraria, valued singly or in | 26 | | the aggregate in excess of $500, was
received during |
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| 1 | | the preceding calendar year.
| 2 | | (b) The following interests shall also be listed by | 3 | | persons listed in
items (a) through (f), item (l), and item | 4 | | (n) of Section 4A-101:
| 5 | | (1) (Blank). The name and instrument of ownership | 6 | | in any entity doing business in
the State of Illinois, | 7 | | in which an ownership interest held by the person at
| 8 | | the date of filing is in excess of $5,000 fair market | 9 | | value or from which
dividends of in excess of $1,200 | 10 | | were derived during the preceding calendar
year. (In | 11 | | the case of real estate, location thereof shall be | 12 | | listed by
street address, or if none, then by legal | 13 | | description). No time or demand
deposit in a financial | 14 | | institution, nor any debt instrument need be listed;
| 15 | | (2) (Blank). Except for professional service | 16 | | entities, the name of any entity and
any position held | 17 | | therein from which income of in excess of $1,200 was
| 18 | | derived during the preceding calendar year, if the | 19 | | entity does business in
the State of Illinois. No time | 20 | | or demand deposit in a financial
institution, nor any | 21 | | debt instrument need be listed.
| 22 | | (3) The identity of any compensated lobbyist with | 23 | | whom the person making
the statement maintains a close | 24 | | economic or personal relationship association , | 25 | | including the name of
the lobbyist and specifying the | 26 | | legislative matter or matters which are the
object of |
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| 1 | | the lobbying activity , and describing the general type | 2 | | of
economic activity of the client or principal on | 3 | | whose behalf that person is
lobbying .
| 4 | | (c) The following interests shall also be listed by | 5 | | persons listed in
items (g), (h), (i), and (o) of Section | 6 | | 4A-101:
| 7 | | (1) The name and instrument of ownership in any | 8 | | entity doing business
with a unit of local government | 9 | | in relation to which the person is
required to file if | 10 | | the ownership interest of the person filing is greater
| 11 | | than $5,000 fair market value as of the date of filing | 12 | | or if dividends in
excess of $1,200 were received from | 13 | | the entity during the preceding
calendar year. (In the | 14 | | case of real estate, location thereof shall be
listed | 15 | | by street address, or if none, then by legal | 16 | | description). No time
or demand deposit in a financial | 17 | | institution, nor any debt instrument need
be listed.
| 18 | | (2) (Blank). Except for professional service | 19 | | entities, the name of any entity and
any position held | 20 | | therein from which income in excess of $1,200 was | 21 | | derived
during the preceding calendar year if the | 22 | | entity does business with a
unit of local government in | 23 | | relation to which the person is required to
file. No | 24 | | time or demand deposit in a financial institution, nor | 25 | | any debt
instrument need be listed.
| 26 | | (3) The name of any entity and the nature of the |
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| 1 | | governmental action
requested by any entity which has | 2 | | applied to a unit of local
government
in relation to | 3 | | which the person must file for any license, franchise | 4 | | or
permit for annexation, zoning or rezoning of real | 5 | | estate during the
preceding calendar year if the | 6 | | ownership interest of the person filing is
in excess of | 7 | | $5,000 fair market value at the time of filing or if | 8 | | income or
dividends in excess of $1,200 were received | 9 | | by the person filing from the
entity during the | 10 | | preceding calendar year.
| 11 | | For the purposes of this Section, the unit of local | 12 | | government in relation to which a person required to file under | 13 | | item (o) of Section 4A-101 shall be the unit of local | 14 | | government that contributes to the pension fund of which such | 15 | | person is a member of the board. | 16 | | (Source: P.A. 96-6, eff. 4-3-09.)
| 17 | | (5 ILCS 420/4A-102.5 new) | 18 | | Sec. 4A-102.5. Appointee supplemental statement. Persons | 19 | | filing statements of economic interests as a result of their | 20 | | nomination to a board or commission shall also, at the same | 21 | | time and in the same manner, file a supplement to the statement | 22 | | containing the following information: | 23 | | (1) Any contributions, in excess of $150 in the | 24 | | aggregate, to any political committee organized under the | 25 | | Election Code made since the end of the last preceding |
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| 1 | | semi-annual disclosure period and the date the person files | 2 | | the statement of economic interests, including the amount | 3 | | of the contribution, the date, and the recipient. | 4 | | (2) Any contribution made to a legal defense fund since | 5 | | the filing of the last previous statement of economic | 6 | | interests or, if the person is filing his or her first | 7 | | statement of economic interests, in the 12 months preceding | 8 | | the filing date. | 9 | | (3) The name of any immediate family member who is | 10 | | registered as a lobbyist with any State or federal agency | 11 | | or office.
| 12 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 13 | | Sec. 4A-103.
The statement of economic interests required | 14 | | by this Article to be filed
with the Secretary of State shall | 15 | | be filled in by
typewriting or hand printing, shall be | 16 | | verified, dated, and signed by manual or electronic means as | 17 | | appropriate by the
person making the statement , and made in a | 18 | | form prescribed by the Secretary of State that shall, in paper | 19 | | and electronic formats, substantially replicate the design of | 20 | | the 2002 Public Financial Disclosure Report forms employed by | 21 | | the United States Congress for purposes of complying with the | 22 | | Ethics in Government Act of 1978. and shall contain | 23 | | substantially the following:
| 24 | | STATEMENT OF ECONOMIC INTEREST
| 25 | | (TYPE OR HAND PRINT)
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| 1 | | .............................................................
| 2 | | (name)
| 3 | | .............................................................
| 4 | | (each office or position of employment for which this
statement | 5 | | is filed)
| 6 | | .............................................................
| 7 | | (full mailing address)
| 8 | | GENERAL DIRECTIONS:
| 9 | | The interest (if constructively controlled by the person | 10 | | making the
statement) of a spouse or any other party, shall be | 11 | | considered to be the
same as the interest of the person making | 12 | | the statement.
| 13 | | Campaign receipts shall not be included in this statement.
| 14 | | If additional space is needed, please attach supplemental | 15 | | listing.
| 16 | | 1. List the name and instrument of ownership in any entity | 17 | | doing
business in the State of Illinois, in which the ownership | 18 | | interest held by
the person at the date of filing is in excess | 19 | | of $5,000 fair market value
or from which dividends in excess | 20 | | of $1,200 were derived during the
preceding calendar year. (In | 21 | | the case of real estate, location thereof
shall be listed by | 22 | | street address, or if none, then by legal description.)
No time | 23 | | or demand deposit in a financial institution, nor any debt
| 24 | | instrument need be listed.
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25 | | Business Entity |
Instrument of Ownership |
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26 | | ............................... |
............................... |
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| 1 | | ............................... |
............................... |
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2 | | ............................... |
............................... |
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3 | | ............................... |
............................... |
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4 | | 2. List the name, address and type of practice of any | 5 | | professional
organization in which the person making the | 6 | | statement was an officer,
director, associate, partner or | 7 | | proprietor or served in any advisory
capacity, from which | 8 | | income in excess of $1,200 was derived during the
preceding | 9 | | calendar year.
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10 | | Name |
Address |
Type of Practice |
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11 | | .................... |
.................... |
..................... |
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12 | | .................... |
.................... |
..................... |
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13 | | .................... |
.................... |
..................... |
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14 | | 3. List the nature of professional services rendered (other | 15 | | than to the
State of Illinois) to each entity from which income | 16 | | exceeding $5,000 was
received for professional services | 17 | | rendered during the preceding calendar
year by the person | 18 | | making the statement.
| 19 | | .............................................................
| 20 | | .............................................................
| 21 | | 4. List the identity (including the address or legal | 22 | | description of real
estate) of any capital asset from which a | 23 | | capital gain of $5,000 or more
was realized during the | 24 | | preceding calendar year.
| 25 | | .............................................................
| 26 | | .............................................................
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| 1 | | 5. List the identity of any compensated lobbyist with whom | 2 | | the person
making the statement maintains a close economic | 3 | | association, including the
name of the lobbyist and specifying | 4 | | the legislative matter or matters which
are the object of the | 5 | | lobbying activity, and describing the general type of
economic | 6 | | activity of the client or principal on whose behalf that person | 7 | | is
lobbying.
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8 | | Lobbyist |
Legislative Matter |
Client or Principal |
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9 | | .................... |
.................... |
..................... |
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10 | | .................... |
.................... |
..................... |
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11 | | 6. List the name of any entity doing business in the State | 12 | | of Illinois
from which income in excess of $1,200 was derived | 13 | | during the preceding
calendar year other than for professional | 14 | | services and the title or
description of any position held in | 15 | | that entity. (In the case of real
estate, location thereof | 16 | | shall be listed by street address, or if none,
then by legal | 17 | | description). No time or demand deposit in a financial
| 18 | | institution nor any debt instrument need be listed.
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19 | | Entity |
Position Held |
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20 | | ............................... |
............................... |
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21 | | ............................... |
............................... |
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22 | | ............................... |
............................... |
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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-104) (from Ch. 127, par. 604A-104)
| 22 | | Sec. 4A-104.
The statement of economic interests required | 23 | | by this Article to be filed
with the county clerk shall be | 24 | | filled in by typewriting
or hand printing, shall be verified, | 25 | | dated, and signed by manual or electronic means as appropriate |
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| 1 | | by the person
making the statement , and made on a form | 2 | | prescribed by the Secretary of State that shall substantially | 3 | | replicate the design of the 2002 Public Financial Disclosure | 4 | | Report forms employed by the United States Congress for | 5 | | purposes of complying with the Ethics in Government Act of | 6 | | 1978. shall contain substantially the following:
| 7 | | STATEMENT OF ECONOMIC INTERESTS
| 8 | | (TYPE OR HAND PRINT)
| 9 | | .............................................................
| 10 | | (Name)
| 11 | | .............................................................
| 12 | | (each office or position of employment for which this
statement | 13 | | is filed)
...................................................
| 14 | | (full mailing address)
| 15 | | GENERAL DIRECTIONS:
| 16 | | The interest (if constructively controlled by the person | 17 | | making the
statement) of a spouse or any other party, shall be | 18 | | considered to be the
same as the interest of the person making | 19 | | the statement.
| 20 | | Campaign receipts shall not be included in this statement.
| 21 | | If additional space is needed, please attach supplemental | 22 | | listing.
| 23 | | 1. List the name and instrument of ownership in any entity | 24 | | doing
business with a unit of local government in relation to | 25 | | which the
person
is required to file, in which the ownership | 26 | | interest held by the person at
the date of filing is in excess |
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| 1 | | of $5,000 fair market value or from which
dividends in excess | 2 | | of $1,200 were received during the preceding calendar
year. (In | 3 | | the case of real estate, location thereof shall be listed by
| 4 | | street address, or if none, then by legal description.) No time | 5 | | or demand
deposit in a financial institution, nor any debt | 6 | | instrument shall be
listed.
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7 | | Business |
Instrument of |
Position of |
|
8 | | Entity |
Ownership |
Management |
|
9 | | .................... |
.................... |
..................... |
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10 | | .................... |
.................... |
..................... |
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11 | | .................... |
.................... |
..................... |
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12 | | 2. List the name, address and type of practice of any | 13 | | professional
organization in which the person making the | 14 | | statement was an officer,
director, associate, partner or | 15 | | proprietor, or served in any advisory
capacity, from which | 16 | | income in excess of $1,200 was derived during the
preceding | 17 | | calendar year.
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18 | | Name |
Address |
Type of Practice |
|
19 | | .................... |
.................... |
..................... |
|
20 | | .................... |
.................... |
..................... |
|
21 | | .................... |
.................... |
..................... |
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22 | | 3. List the nature of professional services rendered (other | 23 | | than to the
unit or units of local government in relation to | 24 | | which the person is
required to
file) to each entity from which | 25 | | income exceeding $5,000 was received for
professional services | 26 | | rendered during the preceding calendar year by the
person |
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| 1 | | making the statement.
| 2 | | .............................................................
| 3 | | .............................................................
| 4 | | 4. List the identity (including the address or legal | 5 | | description of real
estate) of any capital asset from which a | 6 | | capital gain of $5,000 or more
was realized during the | 7 | | preceding calendar year.
| 8 | | .............................................................
| 9 | | .............................................................
| 10 | | .............................................................
| 11 | | 5. List the name of any entity and the nature of the | 12 | | governmental action
requested by any entity which has applied | 13 | | to a unit of local
government
in relation to which the person | 14 | | must file for any license, franchise or
permit for annexation, | 15 | | zoning or rezoning of real estate during the
preceding calendar | 16 | | year if the ownership interest of the person filing is
in | 17 | | excess of $5,000 fair market value at the time of filing or if | 18 | | income or
dividends in excess of $1200 were received by the | 19 | | person filing from the
entity during the preceding calendar | 20 | | year.
| 21 | | .............................................................
| 22 | | .............................................................
| 23 | | .............................................................
| 24 | | 6. List the name of any entity doing business with a unit | 25 | | of
local
government in relation to which the person is required | 26 | | to file from which
income in excess of $1,200 was derived |
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| 1 | | during the preceding calendar year
other than for professional | 2 | | services and the title or description of any
position held in | 3 | | that entity. No time or demand deposit in a financial
| 4 | | institution nor any debt instrument need be listed.
| 5 | | .............................................................
| 6 | | .............................................................
| 7 | | 7. List the name of any unit of government which employed | 8 | | the person
making the statement during the preceding calendar | 9 | | year other than the unit
or units of government in relation to | 10 | | which the person is required to file.
| 11 | | .............................................................
| 12 | | .............................................................
| 13 | | 8. List the name of any entity from which a gift or gifts, | 14 | | or honorarium
or honoraria, valued singly or in the aggregate | 15 | | in excess of $500, was
received during the preceding calendar | 16 | | year.
| 17 | | .............................................................
| 18 | | VERIFICATION:
| 19 | | "I declare that this statement of economic interests | 20 | | (including any
accompanying schedules and statements) has been | 21 | | examined by me and to the
best of my knowledge and belief is a | 22 | | true, correct and complete statement
of my economic interests | 23 | | as required by the Illinois Governmental Ethics
Act. I | 24 | | understand that the penalty for willfully filing a false or
| 25 | | incomplete statement shall be a fine not to exceed $1,000 or | 26 | | imprisonment
in a penal institution other than the penitentiary |
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| 1 | | not 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 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 6 | | Sec. 4A-105. Time for filing. Except as provided in | 7 | | Section 4A-106.1, by
May 1 of each year a statement must be | 8 | | filed by each person
whose position at that time subjects him | 9 | | to the filing requirements of Section
4A-101 unless he has | 10 | | already filed a statement in relation to the same unit of
| 11 | | government in that calendar year.
| 12 | | Statements must also be filed as follows:
| 13 | | (a) A candidate for elective office shall file his | 14 | | statement not later
than the end of the period during which | 15 | | he can take the action necessary
under the laws of this | 16 | | State to attempt to qualify for nomination, election, or
| 17 | | retention to such office if he has not already filed a | 18 | | statement in relation to the
same unit of government during | 19 | | that same calendar year within a year preceding such | 20 | | action .
| 21 | | (b) A person whose appointment to office is subject to | 22 | | confirmation by
the Senate shall file his statement at the | 23 | | time his name is submitted to
the Senate for confirmation.
| 24 | | (b-5) A special government agent, as defined in
item | 25 | | (1) of Section 4A-101 of this Act, shall file a statement |
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| 1 | | within 30 days
after
making the first ex parte | 2 | | communication and each May 1 thereafter if he or she
has | 3 | | made an ex parte communication within the previous 12 | 4 | | months.
| 5 | | (c) Any other person required by this Article to file | 6 | | the statement
shall file a statement at the time of his or | 7 | | her initial appointment or
employment in relation to that | 8 | | unit of government if appointed or employed by
May 1.
| 9 | | If any person who is required to file a statement of | 10 | | economic interests
fails to file such statement by May 1 of any | 11 | | year, the officer with whom
such statement is to be filed under | 12 | | Section 4A-106 of this Act shall,
within 7 days after May 1, | 13 | | notify such person by certified mail of his or
her failure to | 14 | | file by the specified date. Except as may be prescribed by
rule | 15 | | of the Secretary of State, such person shall file his or
her | 16 | | statement of economic interests on or before May 15 with the
| 17 | | appropriate officer, together with a $15 late filing fee. Any | 18 | | such person
who fails to file by May 15 shall be subject to a | 19 | | penalty of $100 for each
day from May 16 to the date of filing, | 20 | | which shall be in addition to the $15
late filing fee specified | 21 | | above. Failure to file by May 31 shall result in a
forfeiture | 22 | | in accordance with Section 4A-107 of this Act.
| 23 | | Any person who takes office or otherwise becomes required | 24 | | to file a
statement of economic interests within 30 days prior | 25 | | to May 1 of any year
may file his or her statement at any time | 26 | | on or before May 31 without
penalty. If such person fails to |
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| 1 | | file such statement by May 31, the
officer with whom such | 2 | | statement is to be filed under Section 4A-106 of
this Act | 3 | | shall, within 7 days after May 31, notify such person by | 4 | | certified
mail of his or her failure to file by the specified | 5 | | date. Such person
shall file his or her statement of economic | 6 | | interests on or before June 15 with
the appropriate officer, | 7 | | together with a $15 late filing fee. Any such
person who fails | 8 | | to file by June 15 shall be subject to a penalty of $100
per day | 9 | | for each day from June 16 to the date of filing, which shall be | 10 | | in
addition to the $15 late filing fee specified above. Failure | 11 | | to file by June
30 shall result in a forfeiture in accordance | 12 | | with Section 4A-107 of this Act.
| 13 | | All late filing fees and penalties collected pursuant to | 14 | | this Section
shall be paid into the General Revenue Fund in the | 15 | | State treasury, if the
Secretary of State receives such | 16 | | statement for filing, or into the general
fund in the county | 17 | | treasury, if the county clerk receives such statement
for | 18 | | filing. The Attorney General, with respect to the State, and | 19 | | the
several State's Attorneys, with respect to counties, shall | 20 | | take appropriate
action to collect the prescribed penalties.
| 21 | | Failure to file a statement of economic interests within | 22 | | the time
prescribed shall not result in a fine or ineligibility | 23 | | for, or forfeiture of,
office or position of employment, as the | 24 | | case may be; provided that the failure
to file results from not | 25 | | being included for notification by the appropriate
agency, | 26 | | clerk, secretary, officer or unit of government, as the case |
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| 1 | | may be,
and that a statement is filed within 30 days of actual | 2 | | notice of the failure to
file.
| 3 | | Beginning with statements required to be filed on or after | 4 | | May 1, 2009, the officer with whom a statement is to be filed | 5 | | may, in his or her discretion, waive the late filing fee, the | 6 | | monetary late filing penalty, and the ineligibility for or | 7 | | forfeiture of office or position for failure to file when the | 8 | | person's late filing of a statement or failure to file a | 9 | | statement is due to his or her (i) serious or catastrophic | 10 | | illness that renders the person temporarily incapable of | 11 | | completing the statement or (ii) military service. | 12 | | (Source: P.A. 96-550, eff. 8-17-09.)
| 13 | | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| 14 | | Sec. 4A-106. Notification; electronic filing. | 15 | | (a) The statements of economic interests required of | 16 | | persons
listed in items (a) through (f), item (j), item (l), | 17 | | and item (n) of
Section 4A-101 shall be
filed with the | 18 | | Secretary of State. The Secretary of State shall by rule | 19 | | provide for the electronic filing of statements as follows: | 20 | | Beginning January 1, 2012, or as soon thereafter as the | 21 | | Secretary of State has provided adequate software to persons | 22 | | required to file under this Article, all statements filed under | 23 | | this Article shall be filed in electronic format. The Secretary | 24 | | shall promptly upon verification make all statements filed | 25 | | under this Article publicly available by means of a searchable |
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| 1 | | database that is accessible through the World Wide Web. | 2 | | "Searchable" means, for the purpose of this Section, that any | 3 | | person may query each question for any proper names and | 4 | | addresses. The Secretary of State shall provide all software | 5 | | necessary to comply with this Section and shall implement a | 6 | | plan to provide computer access and assistance to persons | 7 | | required to file by this Article. | 8 | | (b) The statements of economic interests
required of | 9 | | persons listed in items (g), (h), (i), (k), and (o) of
Section
| 10 | | 4A-101 shall be filed with the county clerk of the county in | 11 | | which the
principal office of the unit of local government with | 12 | | which the person is
associated is located. If it is not | 13 | | apparent which county the principal office
of a unit of local | 14 | | government is located, the chief administrative officer, or
his | 15 | | or her designee, has the authority, for purposes of this Act, | 16 | | to determine
the county in which the principal office is | 17 | | located. | 18 | | (c) On or before February 1
annually, (1) the chief | 19 | | administrative officer of any State agency in the
executive, | 20 | | legislative, or judicial branch employing persons required to | 21 | | file
under item (f) or item (l) of Section
4A-101 and the chief | 22 | | administrative officer of a board described in item (n) of | 23 | | Section 4A-101 shall certify to the Secretary of State the | 24 | | names and mailing addresses
of those persons . The State Board | 25 | | of Elections shall, within 14 days after the proclamation of | 26 | | the results of a general primary pursuant to Section 7-58 of |
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| 1 | | the Election Code, provide the Secretary of State with a true | 2 | | alphabetical listing of the names and related information, | 3 | | including their addresses and the office they are seeking, of | 4 | | candidates who were nominated in a general primary election. , | 5 | | and (2) | 6 | | (d) On or before February 1 annually, the chief | 7 | | administrative officer, or his or her
designee, of each unit of | 8 | | local government with persons described in items (h),
(i) and | 9 | | (k) and a board described in item (o) of Section 4A-101 shall | 10 | | certify to the appropriate county clerk a
list of names and | 11 | | addresses of persons described in items (h), (i),
(k), and (o) | 12 | | of
Section 4A-101 that are required to file. In preparing the | 13 | | lists, each chief
administrative officer, or his or her | 14 | | designee, shall set out the names in
alphabetical order.
Any | 15 | | local election authority shall within 14 days after | 16 | | proclamation of the results of a primary election, provide the | 17 | | county clerk with a true alphabetical listing of the names and | 18 | | related information, including their addresses and the office | 19 | | they are seeking, of candidates who nominated in a general | 20 | | primary election. Any county clerk who makes available in his | 21 | | or her principal offices terminals by means of which the | 22 | | general public may access statements of economic interest filed | 23 | | with the Secretary of State's office and posted to the | 24 | | Secretary of State's website may waive the requirement that a | 25 | | person file a paper form with that county clerk with respect to | 26 | | persons whose forms have been electronically filed with the |
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| 1 | | Secretary of State's office.
| 2 | | (e) On or before April 1 annually, the Secretary of State | 3 | | shall notify (1)
all persons whose names have been certified to | 4 | | him under items (f),
(l), and (n) of
Section 4A-101, and (2) | 5 | | all persons described in items (a) through (e) and
item (j) of | 6 | | Section 4A-101 , together, in even-numbered years, with the | 7 | | names of candidates nominated at the most recent general | 8 | | primary , other than candidates for office who have filed
their | 9 | | statements with their nominating petitions, of the | 10 | | requirements for
filing statements of economic interests.
A | 11 | | person required to file with the Secretary of State by virtue | 12 | | of more than
one item among items (a) through (f) and items | 13 | | (j), (l), and (n)
shall be notified of and is
required
to file | 14 | | only one statement of economic interests relating to all items | 15 | | under
which the person is required to file with the Secretary | 16 | | of State.
| 17 | | (f) On or before April 1 annually, the county clerk of each | 18 | | county shall
notify all persons whose names have been certified | 19 | | to him under items (g),
(h), (i), (k), and (o) of Section | 20 | | 4A-101 , other than candidates
for office who have filed their | 21 | | statements with their nominating petitions , of
the | 22 | | requirements for filing statements of economic interests.
A | 23 | | person required to file with a county clerk by virtue of more | 24 | | than one item
among items (g), (h), (i), (k), and (o) shall be | 25 | | notified of and is
required to
file only one statement of | 26 | | economic interests relating to all items under which
the person |
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| 1 | | is required to file with that county clerk.
| 2 | | (g) Except as provided in Section 4A-106.1, the notices | 3 | | provided for in this
Section shall be in writing and deposited | 4 | | in
the U.S. Mail, properly addressed, first class postage | 5 | | prepaid, on or before
the day required by this Section for the | 6 | | sending of the notice. Alternatively, a county clerk may send | 7 | | the notices electronically to all persons whose names have been | 8 | | thus certified to him under item (h), (i), or (k) of Section | 9 | | 4A-101. A certificate
executed by the Secretary of State or | 10 | | county clerk attesting that he or she has sent
the notice by | 11 | | the means permitted by this Section constitutes prima facie | 12 | | evidence thereof.
| 13 | | (h) From the lists certified to him under this Section of | 14 | | persons described in
items (g), (h), (i), (k), and (o) of | 15 | | Section 4A-101, the clerk
of each county shall
compile an | 16 | | alphabetical listing of persons required to file statements of
| 17 | | economic interests in his office under any of those items. As | 18 | | the
statements are filed in his office, the county clerk shall | 19 | | cause the fact
of that filing to be indicated on the | 20 | | alphabetical listing of persons who
are required to file | 21 | | statements. Within 30 days after the due dates, the county
| 22 | | clerk shall mail to the State Board of Elections a true copy of | 23 | | that listing
showing those who have filed statements.
| 24 | | (i) The county clerk of each county shall note upon the | 25 | | alphabetical listing
the names of all persons required to file | 26 | | a statement of economic interests
who failed to file a |
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| 1 | | statement on or before May 1. It shall be the duty of
the | 2 | | several county clerks to give notice as provided in Section | 3 | | 4A-105 to
any person who has failed to file his or her | 4 | | statement with the clerk on or
before May 1.
| 5 | | (j) Any person who files or has filed a statement of | 6 | | economic interest
under this Act is entitled to receive from | 7 | | the Secretary of State or county
clerk, as the case may be, a | 8 | | receipt indicating that the person has filed
such a statement, | 9 | | the date of such filing, and the identity of the
governmental | 10 | | unit or units in relation to which the filing is required.
A | 11 | | county clerk shall issue such receipt either on proof that the | 12 | | person has filed with the Secretary of State in electronic | 13 | | format or upon receipt of a paper form.
| 14 | | (k) The Secretary of State may employ such employees and | 15 | | consultants
as he considers necessary to carry out his duties | 16 | | hereunder, and may
prescribe their duties, fix their | 17 | | compensation, and provide for
reimbursement of their expenses.
| 18 | | (l) The Secretary of State shall provide training, through | 19 | | the Secretary of State's website, for ethics officers appointed | 20 | | under the State Officers and Employees Ethics Act and through | 21 | | the Secretary of State's website, for persons required to file | 22 | | statements of economic interests. | 23 | | (m) All statements of economic interests filed under this | 24 | | Section shall be
available for examination and copying by the | 25 | | public at all reasonable times.
Not later than 12 months after | 26 | | the effective date of this amendatory Act of
the 93rd General |
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| 1 | | Assembly, beginning with statements filed in calendar year
| 2 | | 2004, the Secretary of State shall make statements of economic | 3 | | interests filed
with the Secretary available for inspection and | 4 | | copying via the Secretary's
website.
| 5 | | (Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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