HB3956 103RD GENERAL ASSEMBLY

LRB103 27225 DTM 53595 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3956

Introduced 2/17/2023, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

5 ILCS 420/4A-102

from Ch. 127, par. 604A-102

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.

A BILL FOR

AN ACT concerning government.

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, and 4A-104 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.

(a) 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. The following interests shall be listed by all persons required to file:

(1) each asset that has a value of more than $10,000 as of the end of the preceding calendar year and is: (i) held in the filer's name, (ii) held jointly by the filer with his or her spouse, or (iii) held jointly by the filer with his or her minor child or children. For a beneficial interest in a trust, the value is based on the total value of the assets either subject to the beneficial interest, or from which income is to be derived for the benefit of the beneficial interest, regardless of whether any distributions have been made for the benefit of the beneficial interest;

(2) all sources of income, including the name of each employer with a description of each source in excess of $1,000, without specifying amounts of income; excluding the income from the position that requires the filing of a statement of economic interests under this Act, each source of income in excess of $7,500 during the preceding calendar year (as required to be reported on the filer's federal income tax return covering the preceding calendar year) for the filer and his or her spouse and, if the sale or transfer of an asset produced more than $7,500 in capital gains during the preceding calendar year, the transaction date on which that asset was sold or transferred;

(3) each creditor of a debt in excess of $10,000 that, during the preceding calendar year, was: (i) owed by the filer, (ii) owed jointly by the filer with his or her spouse or (iii) owed jointly by the filer with his or her minor child or children;

(4) the name of each unit of government of which the filer or his or her spouse was an employee, contractor, or office holder during the preceding calendar year other than the unit or units of government in relation to which the person is required to file and the title of the position or nature of the contractual services;

(5) each person known to the filer to be registered as a lobbyist with any unit of government in the State of Illinois: (i) with whom the filer maintains an economic relationship, or (ii) who is a member of the filer's family;

(6) each source and type of gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500 that was received during the preceding calendar year, excluding any gift or gifts from a member of the filer's family that was not known to the filer to be registered as a lobbyist with any unit of government in the State of Illinois; and

(7) the name of any spouse or immediate family member living with such person employed by a public utility in this State and the name of the public utility that employs such person; .

(8) the names of all businesses with which the person is associated;

(9) the name of securities in excess of $5,000 at fair market value owned by the person, his or her spouse, or a relative, or held in the name of a corporation, partnership, or trust for the benefit of the person, his or her spouse, or a relative;

(10) the existence of any known blind trust and the names of the trustees;

(11) all real property and its location, whether owned by the person, his or her spouse, or a relative, or held in the name of a corporation, partnership, or trust for the benefit of the person, his or her spouse, or a relative; and

(12) the names and addresses of creditors to whom the person, his or her spouse, or a relative, individually, owed debts of more than $10,000.

For the purposes of this Section, the unit of local government in relation to which a person is required to file under item (e) of Section 4A-101.5 shall be the unit of local government that contributes to the pension fund of which such person is a member of the board.

(b) Beginning December 1, 2025, and for every 5 years thereafter, the Secretary of State shall adjust the amounts specified under this Section that prompt disclosure under this Act for purposes of inflation as determined by the Consumer Price Index for All Urban Consumers as issued by the United States Department of Labor and rounded to the nearest $100. The Secretary shall publish this information on the official website of the Secretary of State, and make changes to the statement of economic interests form to be completed for the following year.

(c) The Secretary of State shall develop and make publicly available on his or her website written guidance relating to the completion and filing of the statement of economic interests upon which a filer may reasonably and in good faith rely.

(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21; 102-664, eff. 1-1-22; 102-813, eff. 5-13-22.)