102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3760

 

Introduced 2/22/2021, by Rep. Ryan Spain

 

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 that all persons required to file a statement of economic interests shall list income from the settlement of a lawsuit for any individual residing in the household of that person. Makes conforming changes.


LRB102 13435 RJF 18781 b

 

 

A BILL FOR

 

HB3760LRB102 13435 RJF 18781 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
11the statement) of a spouse or any other party, shall be
12considered to be the same as the interest of the person making
13the statement. 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
16        of government in relation to which the person is
17        required 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 income from the settlement of a lawsuit
23        for any individual residing in the household of the
24        person making the statement.
25        (b) The following interests shall also be listed by
26    persons listed in items (a) through (f), item (l), item

 

 

HB3760- 3 -LRB102 13435 RJF 18781 b

1    (n), and item (p) of Section 4A-101:
2            (1) The name and instrument of ownership in any
3        entity doing business in the State of Illinois, in
4        which an ownership interest held by the person at the
5        date of filing is in excess of $5,000 fair market value
6        or from which dividends of in excess of $1,200 were
7        derived during the preceding calendar year. (In the
8        case of real estate, location thereof shall be listed
9        by street address, or if none, then by legal
10        description). No time or demand deposit in a financial
11        institution, nor any debt instrument need be listed;
12            (2) Except for professional service entities, the
13        name of any entity and any position held therein from
14        which income of in excess of $1,200 was derived during
15        the preceding calendar year, if the entity does
16        business in the State of Illinois. No time or demand
17        deposit in a financial institution, nor any debt
18        instrument need be listed.
19            (3) The identity of any compensated lobbyist with
20        whom the person making the statement maintains a close
21        economic association, including the name of the
22        lobbyist and specifying the legislative matter or
23        matters which are the object of the lobbying activity,
24        and describing the general type of economic activity
25        of the client or principal on whose behalf that person
26        is lobbying.

 

 

HB3760- 4 -LRB102 13435 RJF 18781 b

1        (c) The following interests shall also be listed by
2    persons listed in items (a) through (c) and item (e) of
3    Section 4A-101.5:
4            (1) The name and instrument of ownership in any
5        entity doing business with a unit of local government
6        in relation to which the person is required to file if
7        the ownership interest of the person filing is greater
8        than $5,000 fair market value as of the date of filing
9        or if dividends in excess of $1,200 were received from
10        the entity during the preceding calendar year. (In the
11        case of real estate, location thereof shall be listed
12        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) Except for professional service entities, the
16        name of any entity and any position held therein from
17        which income in excess of $1,200 was derived during
18        the preceding calendar year if the entity does
19        business with a unit of local government in relation
20        to which the person is required to file. No time or
21        demand deposit in a financial institution, nor any
22        debt instrument need be listed.
23            (3) The name of any entity and the nature of the
24        governmental action requested by any entity which has
25        applied to a unit of local government in relation to
26        which the person must file for any license, franchise

 

 

HB3760- 5 -LRB102 13435 RJF 18781 b

1        or permit for annexation, zoning or rezoning of real
2        estate during the preceding calendar year if the
3        ownership interest of the person filing is in excess
4        of $5,000 fair market value at the time of filing or if
5        income or dividends in excess of $1,200 were received
6        by the person filing from the entity during the
7        preceding calendar year.
8    For the purposes of this Section, the unit of local
9government in relation to which a person required to file
10under item (e) of Section 4A-101.5 shall be the unit of local
11government that contributes to the pension fund of which such
12person is a member of the board.
13(Source: P.A. 101-221, eff. 8-9-19.)
 
14    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
15    Sec. 4A-103. The statement of economic interests required
16by this Article to be filed with the Secretary of State shall
17be filled in by typewriting or hand printing, shall be
18verified, dated, and signed by the person making the statement
19and shall contain substantially the following:
20
STATEMENT OF ECONOMIC INTEREST
21
(TYPE OR HAND PRINT)
22.............................................................
23(name)
24.............................................................
25(each office or position of employment for which this

 

 

HB3760- 6 -LRB102 13435 RJF 18781 b

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

 

 

HB3760- 7 -LRB102 13435 RJF 18781 b

1professional organization in which the person making the
2statement was an officer, director, associate, partner or
3proprietor or served in any advisory capacity, from which
4income in excess of $1,200 was derived during the preceding
5calendar year.
6NameAddressType of Practice
7.............................................................
8.............................................................
9.............................................................
10    3. List the nature of professional services rendered
11(other than to the State of Illinois) to each entity from which
12income exceeding $5,000 was received for professional services
13rendered during the preceding calendar year by the person
14making the statement.
15.............................................................
16.............................................................
17    4. List the identity (including the address or legal
18description of real estate) of any capital asset from which a
19capital gain of $5,000 or more was realized during the
20preceding calendar year.
21.............................................................
22.............................................................
23    5. List the identity of any compensated lobbyist with whom
24the person making the statement maintains a close economic
25association, including the name of the lobbyist and specifying
26the legislative matter or matters which are the object of the

 

 

HB3760- 8 -LRB102 13435 RJF 18781 b

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

 

 

HB3760- 9 -LRB102 13435 RJF 18781 b

1in excess of $500, was received during the preceding calendar
2year.
3.............................................................
4    9. List the income from the settlement of a lawsuit for any
5individual residing in the household of the person making the
6statement.
7.............................................................
8.............................................................
9VERIFICATION:
10    "I declare that this statement of economic interests
11(including any accompanying schedules and statements) has been
12examined by me and to the best of my knowledge and belief is a
13true, correct and complete statement of my economic interests
14as required by the Illinois Governmental Ethics Act. I
15understand that the penalty for willfully filing a false or
16incomplete statement shall be a fine not to exceed $1,000 or
17imprisonment in a penal institution other than the
18penitentiary not to exceed one year, or both fine and
19imprisonment."
20................  ..........................................
21(date of filing)   (signature of person making the statement)
22(Source: P.A. 95-173, eff. 1-1-08.)
 
23    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
24    Sec. 4A-104. The statement of economic interests required
25by this Article to be filed with the county clerk shall be

 

 

HB3760- 10 -LRB102 13435 RJF 18781 b

1filled in by typewriting or hand printing, shall be verified,
2dated, and signed by the person making the statement and shall
3contain substantially the following:
4
STATEMENT OF ECONOMIC INTERESTS
5
(TYPE OR HAND PRINT)
6.............................................................
7(Name)
8.............................................................
9(each office or position of employment for which this
10statement is filed)
11.........................................
12(full mailing address)
13GENERAL DIRECTIONS:
14    The interest (if constructively controlled by the person
15making the statement) of a spouse or any other party, shall be
16considered to be the same as the interest of the person making
17the statement.
18    Campaign receipts shall not be included in this statement.
19    If additional space is needed, please attach supplemental
20listing.
21    1. List the name and instrument of ownership in any entity
22doing business with a unit of local government in relation to
23which the person is required to file, in which the ownership
24interest held by the person at the date of filing is in excess
25of $5,000 fair market value or from which dividends in excess
26of $1,200 were received during the preceding calendar year.

 

 

HB3760- 11 -LRB102 13435 RJF 18781 b

1(In the case of real estate, location thereof shall be listed
2by street address, or if none, then by legal description.) No
3time or demand deposit in a financial institution, nor any
4debt instrument shall be listed.
5BusinessInstrument ofPosition of
6EntityOwnershipManagement
7.............................................................
8.............................................................
9.............................................................
10    2. List the name, address and type of practice of any
11professional organization in which the person making the
12statement was an officer, director, associate, partner or
13proprietor, or served in any advisory capacity, from which
14income in excess of $1,200 was derived during the preceding
15calendar year.
16NameAddressType of Practice
17.............................................................
18.............................................................
19.............................................................
20    3. List the nature of professional services rendered
21(other than to the unit or units of local government in
22relation to which the person is required to file) to each
23entity from which income exceeding $5,000 was received for
24professional services rendered during the preceding calendar
25year by the person making the statement.
26.............................................................

 

 

HB3760- 12 -LRB102 13435 RJF 18781 b

1.............................................................
2    4. List the identity (including the address or legal
3description of real estate) of any capital asset from which a
4capital gain of $5,000 or more was realized during the
5preceding calendar year.
6.............................................................
7.............................................................
8.............................................................
9    5. List the name of any entity and the nature of the
10governmental action requested by any entity which has applied
11to a unit of local government in relation to which the person
12must file for any license, franchise or permit for annexation,
13zoning or rezoning of real estate during the preceding
14calendar year if the ownership interest of the person filing
15is in excess of $5,000 fair market value at the time of filing
16or if income or dividends in excess of $1200 were received by
17the person filing from the entity during the preceding
18calendar year.
19.............................................................
20.............................................................
21.............................................................
22    6. List the name of any entity doing business with a unit
23of local government in relation to which the person is
24required to file from which income in excess of $1,200 was
25derived during the preceding calendar year other than for
26professional services and the title or description of any

 

 

HB3760- 13 -LRB102 13435 RJF 18781 b

1position held in that entity. No time or demand deposit in a
2financial institution nor any debt instrument need be listed.
3.............................................................
4.............................................................
5    7. List the name of any unit of government which employed
6the person making the statement during the preceding calendar
7year other than the unit or units of government in relation to
8which the person is required to file.
9.............................................................
10.............................................................
11    8. List the name of any entity from which a gift or gifts,
12or honorarium or honoraria, valued singly or in the aggregate
13in excess of $500, was received during the preceding calendar
14year.
15.............................................................
16    9. List the income from the settlement of a lawsuit for any
17individual residing in the household of the person making the
18statement.
19.............................................................
20.............................................................
21VERIFICATION:
22    "I declare that this statement of economic interests
23(including any accompanying schedules and statements) has been
24examined by me and to the best of my knowledge and belief is a
25true, correct and complete statement of my economic interests
26as required by the Illinois Governmental Ethics Act. I

 

 

HB3760- 14 -LRB102 13435 RJF 18781 b

1understand that the penalty for willfully filing a false or
2incomplete statement shall be a fine not to exceed $1,000 or
3imprisonment in a penal institution other than the
4penitentiary not to exceed one year, or both fine and
5imprisonment."
6................  ..........................................
7(date of filing)   (signature of person making the statement)
8(Source: P.A. 95-173, eff. 1-1-08.)