95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0036

 

Introduced 1/31/2007, by Sen. Christine Radogno - Kirk W. Dillard

 

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
10 ILCS 5/9-28

    Amends the Illinois Governmental Ethics Act and the Election Code. With respect to the disclosure of gifts in statements of economic interests, requires that (i) gifts to the spouse of the person making the statement and to immediate family members living in the same household are considered gifts to the person making the statement; (ii) gifts from persons and entities (now, entities) be disclosed; and (iii) the nature and value of each gift be specified. Requires that the State Board of Elections' website include with filed campaign finance reports (i) a notice that statements of economic interests contain information about public officials and candidates and (ii) a link to the Secretary of State website pages containing statements of economic interests of State officials and candidates. Effective July 1, 2007.


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A BILL FOR

 

SB0036 LRB095 03434 JAM 23438 b

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, 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
8 by this Article shall include the economic interests of the
9 person making the statement as provided in this Section. The
10 interest (if constructively controlled by the person making the
11 statement) of a spouse or any other party, shall be considered
12 to be the same as the interest of the person making the
13 statement. A gift to a spouse or to an immediate family member
14 living in the same household as the person making the statement
15 (from a person or entity other than the person making the
16 statement, the spouse, or an immediate family member living in
17 the same household) shall be considered a gift to the person
18 making the statement. Campaign receipts shall not be included
19 in this statement.
20     (a) The following interests shall be listed by all persons
21 required to file:
22         (1) The name, address and type of practice of any
23     professional organization or individual professional

 

 

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1     practice in which the person making the statement was an
2     officer, director, associate, partner or proprietor, or
3     served in any advisory capacity, from which income in
4     excess of $1200 was derived during the preceding calendar
5     year;
6         (2) The nature of professional services (other than
7     services rendered to the unit or units of government in
8     relation to which the person is required to file) and the
9     nature of the entity to which they were rendered if fees
10     exceeding $5,000 were received during the preceding
11     calendar year from the entity for professional services
12     rendered by the person making the statement.
13         (3) The identity (including the address or legal
14     description of real estate) of any capital asset from which
15     a capital gain of $5,000 or more was realized in the
16     preceding calendar year.
17         (4) The name of any unit of government which has
18     employed the person making the statement during the
19     preceding calendar year other than the unit or units of
20     government in relation to which the person is required to
21     file.
22         (5) The name of any person from whom or entity from
23     which a gift or gifts, or honorarium or honoraria, valued
24     singly or in the aggregate in excess of $500, was received
25     during the preceding calendar year and the nature and value
26     of each gift or honorarium received from the named person

 

 

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

 

 

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1     (c) The following interests shall also be listed by persons
2 listed in items (g), (h), and (i) of Section 4A-101:
3         (1) The name and instrument of ownership in any entity
4     doing business with a unit of local government in relation
5     to which the person is required to file if the ownership
6     interest of the person filing is greater than $5,000 fair
7     market value as of the date of filing or if dividends in
8     excess of $1,200 were received from the entity during the
9     preceding calendar year. (In the case of real estate,
10     location thereof shall be listed by street address, or if
11     none, then by legal description). No time or demand deposit
12     in a financial institution, nor any debt instrument need be
13     listed.
14         (2) Except for professional service entities, the name
15     of any entity and any position held therein from which
16     income in excess of $1,200 was derived during the preceding
17     calendar year if the entity does business with a unit of
18     local government in relation to which the person is
19     required to file. No time or demand deposit in a financial
20     institution, nor any debt instrument need be listed.
21         (3) The name of any entity and the nature of the
22     governmental action requested by any entity which has
23     applied to a unit of local government in relation to which
24     the person must file for any license, franchise or permit
25     for annexation, zoning or rezoning of real estate during
26     the preceding calendar year if the ownership interest of

 

 

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1     the person filing is in excess of $5,000 fair market value
2     at the time of filing or if income or dividends in excess
3     of $1,200 were received by the person filing from the
4     entity during the preceding calendar year.
5 (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
 
6     (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
7     Sec. 4A-103. The statement of economic interests required
8 by this Article to be filed with the Secretary of State shall
9 be filled in by typewriting or hand printing, shall be
10 verified, dated, and signed by the person making the statement
11 and shall contain substantially the following:
12
STATEMENT OF ECONOMIC INTEREST
13
(TYPE OR HAND PRINT)
14 .............................................................
15 (name)
16 .............................................................
17 (each office or position of employment for which this statement
18 is filed)
19 .............................................................
20 (full post office address to which notification of an
21 examination of this statement should be sent)
22 GENERAL DIRECTIONS:
23     The interest (if constructively controlled by the person
24 making the statement) of a spouse or any other party, shall be
25 considered to be the same as the interest of the person making

 

 

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

 

 

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

 

 

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

 

 

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1 each gift or honorarium received from the named person or
2 entity.
3NameNature of GiftValue
4.............................................................
5.............................................................
6 VERIFICATION:
7     "I declare that this statement of economic interests
8 (including any accompanying schedules and statements) has been
9 examined by me and to the best of my knowledge and belief is a
10 true, correct and complete statement of my economic interests
11 as required by the Illinois Governmental Ethics Act. I
12 understand that the penalty for willfully filing a false or
13 incomplete statement shall be a fine not to exceed $1,000 or
14 imprisonment in a penal institution other than the penitentiary
15 not to exceed one year, or both fine and imprisonment."
16 ................  ..........................................
17 (date of filing)   (signature of person making the statement)
18 (Source: P.A. 92-101, eff. 1-1-02.)
 
19     (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
20     Sec. 4A-104. The statement of economic interests required
21 by this Article to be filed with the county clerk shall be
22 filled in by typewriting or hand printing, shall be verified,
23 dated, and signed by the person making the statement and shall
24 contain substantially the following:
25
STATEMENT OF ECONOMIC INTERESTS

 

 

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1
(TYPE OR HAND PRINT)
2 .............................................................
3 (Name)
4 .............................................................
5 (each office or position of employment for which this statement
6 is filed) ...................................................
7 (full post office address to which notification of an
8 examination of this statement should be sent)
9 GENERAL DIRECTIONS:
10     The interest (if constructively controlled by the person
11 making the statement) of a spouse or any other party, shall be
12 considered to be the same as the interest of the person making
13 the statement. A gift to a spouse or to an immediate family
14 member living in the same household as the person making the
15 statement (from a person or entity other than the person making
16 the statement, the spouse, or an immediate family member living
17 in the same household) shall be considered a gift to the person
18 making the statement.
19     Campaign receipts shall not be included in this statement.
20     If additional space is needed, please attach supplemental
21 listing.
22     1. List the name and instrument of ownership in any entity
23 doing business with a unit of local government in relation to
24 which the person is required to file, in which the ownership
25 interest held by the person at the date of filing is in excess
26 of $5,000 fair market value or from which dividends in excess

 

 

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

 

 

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

 

 

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

 

 

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1 understand that the penalty for willfully filing a false or
2 incomplete statement shall be a fine not to exceed $1,000 or
3 imprisonment in a penal institution other than the penitentiary
4 not to exceed one year, or both fine and imprisonment."
5 ................  ..........................................
6 (date of filing)   (signature of person making the statement)
7 (Source: P.A. 92-101, eff. 1-1-02.)
 
8     Section 10. The Election Code is amended by changing
9 Section 9-28 as follows:
 
10     (10 ILCS 5/9-28)
11     Sec. 9-28. Electronic filing and availability. The Board
12 shall by rule provide for the electronic filing of expenditure
13 and contribution reports as follows:
14     Beginning July 1, 1999, or as soon thereafter as the Board
15 has provided adequate software to the political committee,
16 electronic filing is required for all political committees that
17 during the reporting period (i) had at any time a balance or an
18 accumulation of contributions of $25,000 or more, (ii) made
19 aggregate expenditures of $25,000 or more, or (iii) received
20 loans of an aggregate of $25,000 or more.
21     Beginning July 1, 2003, electronic filing is required for
22 all political committees that during the reporting period (i)
23 had at any time a balance or an accumulation of contributions
24 of $10,000 or more, (ii) made aggregate expenditures of $10,000

 

 

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1 or more, or (iii) received loans of an aggregate of $10,000 or
2 more.
3     The Board may provide by rule for the optional electronic
4 filing of expenditure and contribution reports for all other
5 political committees. The Board shall promptly make all reports
6 filed under this Article by all political committees publicly
7 available by means of a searchable database that is accessible
8 through the World Wide Web. The searchable database required by
9 this subsection must include a notice that statements of
10 economic interests required by the Illinois Governmental
11 Ethics Act and filed with the Secretary of State contain
12 information about State officials and candidates and that
13 statements of economic interests required by the Illinois
14 Governmental Ethics Act and filed with county clerks contain
15 information about local officials and candidates. The database
16 also must include a link to the Secretary of State website
17 pages that contain statements of economic interests filed with
18 the Secretary of State.
19     The Board shall provide all software necessary to comply
20 with this Section to candidates, public officials, political
21 committees, and election authorities.
22     The Board shall implement a plan to provide computer access
23 and assistance to candidates, public officials, political
24 committees, and election authorities with respect to
25 electronic filings required under this Article.
26     For the purposes of this Section, "political committees"

 

 

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1 includes entities required to report to the Board under Section
2 9-7.5.
3 (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
 
4     Section 99. Effective date. This Act takes effect July 1,
5 2007.