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Full Text of HB5370  101st General Assembly

HB5370 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5370

 

Introduced , by Rep. Blaine Wilhour

 

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
5 ILCS 420/4A-104  from Ch. 127, par. 604A-104

    Amends the Illinois Governmental Ethics Act. Provides additional required economic interests to be listed by specified persons on a statement of economic interests filed under the Act. Defines "relative".


LRB101 20722 RJF 70397 b

 

 

A BILL FOR

 

HB5370LRB101 20722 RJF 70397 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, 4A-103, and 4A-104 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            (6) The names of all businesses with which the
23        person is associated.
24            (7) All sources of income, including the name of
25        each employer with a description of each source in
26        excess of $1,000, without specifying amounts of

 

 

HB5370- 3 -LRB101 20722 RJF 70397 b

1        income.
2            (8) The name of securities in excess of $5,000 at
3        fair market value owned by the person, his or her
4        spouse, or a relative, or held in the name of a
5        corporation, partnership, or trust for the benefit of
6        the person, his or her spouse, or a relative.
7            (9) The existence of any known blind trust and the
8        names of the trustees.
9            (10) All real property and its location, whether
10        owned by the person, his or her spouse, or a relative,
11        or held in the name of a corporation, partnership, or
12        trust for the benefit of the person, his or her spouse,
13        or a relative.
14            (11) The names and addresses of creditors to whom
15        the person, his or her spouse, or a relative,
16        individually, owed debts of more than $10,000.
17        (b) The following interests shall also be listed by
18    persons listed in items (a) through (f), item (l), item
19    (n), and item (p) of Section 4A-101:
20            (1) The name and instrument of ownership in any
21        entity doing business in the State of Illinois, in
22        which an ownership interest held by the person at the
23        date of filing is in excess of $5,000 fair market value
24        or from which dividends of in excess of $1,200 were
25        derived during the preceding calendar year. (In the
26        case of real estate, location thereof shall be listed

 

 

HB5370- 4 -LRB101 20722 RJF 70397 b

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 of in excess of $1,200 was derived during
7        the preceding calendar year, if the entity does
8        business in the State of Illinois. No time or demand
9        deposit in a financial institution, nor any debt
10        instrument need be listed.
11            (3) The identity of any compensated lobbyist with
12        whom the person making the statement maintains a close
13        economic association, including the name of the
14        lobbyist and specifying the legislative matter or
15        matters which are the object of the lobbying activity,
16        and describing the general type of economic activity of
17        the client or principal on whose behalf that person is
18        lobbying.
19            (4) Any leases or contracts with the State held or
20        entered into by the person making the statement or a
21        business with which he or she is associated.
22            (5) A description of any partnership, joint
23        ownership, or similar business affiliation between:
24        (i) a business that is associated with the person
25        making the statement, the person's spouse, or a
26        relative of the person; and (ii) a person who is

 

 

HB5370- 5 -LRB101 20722 RJF 70397 b

1        registered under the Lobbyist Registration Act or a
2        person that the person making the statement knows or
3        reasonably should have known is doing business with or
4        seeking to do business with the State.
5        (c) The following interests shall also be listed by
6    persons listed in items (a) through (c) and item (e) of
7    Section 4A-101.5:
8            (1) The name and instrument of ownership in any
9        entity doing business with a unit of local government
10        in relation to which the person is required to file if
11        the ownership interest of the person filing is greater
12        than $5,000 fair market value as of the date of filing
13        or if dividends in excess of $1,200 were received from
14        the entity during the preceding calendar year. (In the
15        case of real estate, location thereof shall be listed
16        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.
19            (2) Except for professional service entities, the
20        name of any entity and any position held therein from
21        which income in excess of $1,200 was derived during the
22        preceding calendar year if the entity does business
23        with a unit of local government in relation to which
24        the person is required to file. No time or demand
25        deposit in a financial institution, nor any debt
26        instrument need be listed.

 

 

HB5370- 6 -LRB101 20722 RJF 70397 b

1            (3) The name of any entity and the nature of the
2        governmental action requested by any entity which has
3        applied to a unit of local government in relation to
4        which the person must file for any license, franchise
5        or permit for annexation, zoning or rezoning of real
6        estate during the preceding calendar year if the
7        ownership interest of the person filing is in excess of
8        $5,000 fair market value at the time of filing or if
9        income or dividends in excess of $1,200 were received
10        by the person filing from the entity during the
11        preceding calendar year.
12        (d) The statement of economic interests filed under
13    this Section shall be a matter of public information,
14    except that the list of names filed in accordance with item
15    (vi) of subsection (a-5) shall be sealed and confidential
16    and for the use of the Secretary of State or the county
17    clerk with whom the statement was filed, unless a claim of
18    misconduct merits the disclosure of such information.
19    For the purposes of this Section, the unit of local
20government in relation to which a person required to file under
21item (e) of Section 4A-101.5 shall be the unit of local
22government that contributes to the pension fund of which such
23person is a member of the board.
24    For the purposes of this Section, "relative" means a person
25who is related to the person making the statement under this
26Section as a spouse or as any of the following, whether by

 

 

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1blood or by adoption: parent, child, brother or sister, aunt or
2uncle, niece or nephew, grandparent, grandchild,
3father-in-law, mother-in-law, son-in-law, daughter-in-law,
4brother-in-law, sister-in-law, stepfather or stepmother,
5stepson or stepdaughter, stepbrother or stepsister, or
6half-brother or half-sister.
7(Source: P.A. 101-221, eff. 8-9-19.)
 
8    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
9    Sec. 4A-103. The statement of economic interests required
10by this Article to be filed with the Secretary of State shall
11be filled in by typewriting or hand printing, shall be
12verified, dated, and signed by the person making the statement
13and shall contain substantially the following:
14
STATEMENT OF ECONOMIC INTEREST
15
(TYPE OR HAND PRINT)
16.............................................................
17(name)
18.............................................................
19(each office or position of employment for which this statement
20is filed)
21.............................................................
22(full mailing address)
23GENERAL DIRECTIONS:
24    The interest (if constructively controlled by the person
25making the statement) of a spouse or any other party, shall be

 

 

HB5370- 8 -LRB101 20722 RJF 70397 b

1considered to be the same as the interest of the person making
2the statement.
3    Campaign receipts shall not be included in this statement.
4    If additional space is needed, please attach supplemental
5listing.
6    1. List the name and instrument of ownership in any entity
7doing business in the State of Illinois, in which the ownership
8interest held by the person at the date of filing is in excess
9of $5,000 fair market value or from which dividends in excess
10of $1,200 were derived during the preceding calendar year. (In
11the case of real estate, location thereof shall be listed by
12street address, or if none, then by legal description.) No time
13or demand deposit in a financial institution, nor any debt
14instrument need be listed.
15Business EntityInstrument of Ownership
16..............................................................
17..............................................................
18..............................................................
19..............................................................
20    2. List the name, address and type of practice of any
21professional organization in which the person making the
22statement was an officer, director, associate, partner or
23proprietor or served in any advisory capacity, from which
24income in excess of $1,200 was derived during the preceding
25calendar year.
26NameAddressType of Practice

 

 

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

 

 

HB5370- 10 -LRB101 20722 RJF 70397 b

1    6. List the name of any entity doing business in the State
2of Illinois from which income in excess of $1,200 was derived
3during the preceding calendar year other than for professional
4services and the title or description of any position held in
5that entity. (In the case of real estate, location thereof
6shall be listed by street address, or if none, then by legal
7description). No time or demand deposit in a financial
8institution nor any debt instrument need be listed.
9EntityPosition Held
10..............................................................
11..............................................................
12..............................................................
13    7. List the name of any unit of government which employed
14the person making the statement during the preceding calendar
15year other than the unit or units of government in relation to
16which the person is required to file.
17.............................................................
18.............................................................
19    8. List the name of any entity from which a gift or gifts,
20or honorarium or honoraria, valued singly or in the aggregate
21in excess of $500, was received during the preceding calendar
22year.
23.............................................................
24.............................................................
25    9. List the names of all businesses with which the person
26is associated.

 

 

HB5370- 11 -LRB101 20722 RJF 70397 b

1.............................................................
2............................................................. 
3    10. List all sources of income, including the name of each
4employer with a description of each source in excess of $1,000,
5without specifying amounts of income.
6.............................................................
7............................................................. 
8    11. List the name of securities in excess of $5,000 at fair
9market value owned by the person, his or her spouse, or a
10relative, or held in the name of a corporation, partnership, or
11trust for the benefit of the person, his or her spouse, or a
12relative.
13.............................................................
14............................................................. 
15    12. List the existence of any known blind trust and the
16names of the trustees.
17.............................................................
18............................................................. 
19    13. List all real property and its location, whether owned
20by the person, his or her spouse, or a relative, or held in the
21name of a corporation, partnership, or trust for the benefit of
22the person, his or her spouse, or a relative.
23.............................................................
24............................................................. 
25    14. List the names and addresses of creditors to whom the
26person, his or her spouse, or a relative, individually, owed

 

 

HB5370- 12 -LRB101 20722 RJF 70397 b

1debts of more than $10,000.
2.............................................................
3............................................................. 
4    15. List any leases or contracts with the State held or
5entered into by the person making the statement or a business
6with which he or she is associated.
7.............................................................
8............................................................. 
9    16. List a description of any partnership, joint ownership,
10or similar business affiliation between (i) a business that is
11associated with the person making the statement, the person's
12spouse, or a dependent child of the person and (ii) a person
13who is registered under the Lobbyist registration Act or a
14person that the person making the statement knows or reasonably
15should have known is doing business with or seeking to do
16business with the State.
17.............................................................
18............................................................. 
19VERIFICATION:
20    "I declare that this statement of economic interests
21(including any accompanying schedules and statements) has been
22examined by me and to the best of my knowledge and belief is a
23true, correct and complete statement of my economic interests
24as required by the Illinois Governmental Ethics Act. I
25understand that the penalty for willfully filing a false or
26incomplete statement shall be a fine not to exceed $1,000 or

 

 

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1imprisonment in a penal institution other than the penitentiary
2not to exceed one year, or both fine and imprisonment."
3................  ..........................................
4(date of filing)   (signature of person making the statement)
5(Source: P.A. 95-173, eff. 1-1-08.)
 
6    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
7    Sec. 4A-104. The statement of economic interests required
8by this Article to be filed with the county clerk shall be
9filled in by typewriting or hand printing, shall be verified,
10dated, and signed by the person making the statement and shall
11contain substantially the following:
12
STATEMENT OF ECONOMIC INTERESTS
13
(TYPE OR HAND PRINT)
14.............................................................
15(Name)
16.............................................................
17(each office or position of employment for which this statement
18is filed) ...................................................
19(full mailing address)
20GENERAL DIRECTIONS:
21    The interest (if constructively controlled by the person
22making the statement) of a spouse or any other party, shall be
23considered to be the same as the interest of the person making
24the statement.
25    Campaign receipts shall not be included in this statement.

 

 

HB5370- 14 -LRB101 20722 RJF 70397 b

1    If additional space is needed, please attach supplemental
2listing.
3    1. List the name and instrument of ownership in any entity
4doing business with a unit of local government in relation to
5which the person is required to file, in which the ownership
6interest held by the person at the date of filing is in excess
7of $5,000 fair market value or from which dividends in excess
8of $1,200 were received during the preceding calendar year. (In
9the case of real estate, location thereof shall be listed by
10street address, or if none, then by legal description.) No time
11or demand deposit in a financial institution, nor any debt
12instrument shall be listed.
13BusinessInstrument ofPosition of
14EntityOwnershipManagement
15.............................................................
16.............................................................
17.............................................................
18    2. List the name, address and type of practice of any
19professional organization in which the person making the
20statement was an officer, director, associate, partner or
21proprietor, or served in any advisory capacity, from which
22income in excess of $1,200 was derived during the preceding
23calendar year.
24NameAddressType of Practice
25.............................................................
26.............................................................

 

 

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1.............................................................
2    3. List the nature of professional services rendered (other
3than to the unit or units of local government in relation to
4which the person is required to file) to each entity from which
5income exceeding $5,000 was received for professional services
6rendered during the preceding calendar year by the person
7making the statement.
8.............................................................
9.............................................................
10    4. List the identity (including the address or legal
11description of real estate) of any capital asset from which a
12capital gain of $5,000 or more was realized during the
13preceding calendar year.
14.............................................................
15.............................................................
16.............................................................
17    5. List the name of any entity and the nature of the
18governmental action requested by any entity which has applied
19to a unit of local government in relation to which the person
20must file for any license, franchise or permit for annexation,
21zoning or rezoning of real estate during the preceding calendar
22year if the ownership interest of the person filing is in
23excess of $5,000 fair market value at the time of filing or if
24income or dividends in excess of $1200 were received by the
25person filing from the entity during the preceding calendar
26year.

 

 

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1.............................................................
2.............................................................
3.............................................................
4    6. List the name of any entity doing business with a unit
5of local government in relation to which the person is required
6to file from which income in excess of $1,200 was derived
7during the preceding calendar year other than for professional
8services and the title or description of any position held in
9that entity. No time or demand deposit in a financial
10institution nor any debt instrument need be listed.
11.............................................................
12.............................................................
13    7. List the name of any unit of government which employed
14the person making the statement during the preceding calendar
15year other than the unit or units of government in relation to
16which the person is required to file.
17.............................................................
18.............................................................
19    8. List the name of any entity from which a gift or gifts,
20or honorarium or honoraria, valued singly or in the aggregate
21in excess of $500, was received during the preceding calendar
22year.
23.............................................................
24.............................................................
25    9. List the names of all businesses with which the person
26is associated.

 

 

HB5370- 17 -LRB101 20722 RJF 70397 b

1.............................................................
2............................................................. 
3    10. List all sources of income, including the name of each
4employer with a description of each source in excess of $1,000,
5without specifying amounts of income.
6.............................................................
7............................................................. 
8    11. List the name of securities in excess of $5,000 at fair
9market value owned by the person, his or her spouse, or a
10relative, or held in the name of a corporation, partnership, or
11trust for the benefit of the person, his or her spouse, or a
12relative.
13.............................................................
14............................................................. 
15    12. List the existence of any known blind trust and the
16names of the trustees.
17.............................................................
18............................................................. 
19    13. List all real property and its location, whether owned
20by the person, his or her spouse, or a relative, or held in the
21name of a corporation, partnership, or trust for the benefit of
22the person, his or her spouse, or a relative.
23.............................................................
24............................................................. 
25    14. List the names and addresses of creditors to whom the
26person, his or her spouse, or a relative, individually, owed

 

 

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1debts of more than $10,000.
2.............................................................
3............................................................. 
4VERIFICATION:
5    "I declare that this statement of economic interests
6(including any accompanying schedules and statements) has been
7examined by me and to the best of my knowledge and belief is a
8true, correct and complete statement of my economic interests
9as required by the Illinois Governmental Ethics Act. I
10understand that the penalty for willfully filing a false or
11incomplete statement shall be a fine not to exceed $1,000 or
12imprisonment in a penal institution other than the penitentiary
13not to exceed one year, or both fine and imprisonment."
14................  ..........................................
15(date of filing)   (signature of person making the statement)
16(Source: P.A. 95-173, eff. 1-1-08.)