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Full Text of HB2845  102nd General Assembly

HB2845 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2845

 

Introduced 2/19/2021, 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".


LRB102 11001 RJF 16333 b

 

 

A BILL FOR

 

HB2845LRB102 11001 RJF 16333 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. ;

 

 

HB2845- 2 -LRB102 11001 RJF 16333 b

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 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

 

 

HB2845- 3 -LRB102 11001 RJF 16333 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

 

 

HB2845- 4 -LRB102 11001 RJF 16333 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
17        of the client or principal on whose behalf that person
18        is 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

 

 

HB2845- 5 -LRB102 11001 RJF 16333 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
22        the preceding calendar year if the entity does
23        business with a unit of local government in relation
24        to which the person is required to file. No time or
25        demand deposit in a financial institution, nor any
26        debt instrument need be listed.

 

 

HB2845- 6 -LRB102 11001 RJF 16333 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
8        of $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 and addresses of creditors
15    filed in accordance with paragraph (11) of subsection (a)
16    shall be sealed and confidential and for the use of the
17    Secretary of State or the county clerk with whom the
18    statement was filed, unless a claim of misconduct merits
19    the disclosure of such information.
20    For the purposes of this Section, the unit of local
21government in relation to which a person required to file
22under item (e) of Section 4A-101.5 shall be the unit of local
23government that contributes to the pension fund of which such
24person is a member of the board.
25    For the purposes of this Section, "relative" means a
26person who is related to the person making the statement under

 

 

HB2845- 7 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 8 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 9 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 10 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 11 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 12 -LRB102 11001 RJF 16333 b

1person, his or her spouse, or a relative, individually, owed
2debts of more than $10,000.
3.............................................................
4............................................................. 
5    15. List any leases or contracts with the State held or
6entered into by the person making the statement or a business
7with which he or she is associated.
8.............................................................
9............................................................. 
10    16. List a description of any partnership, joint
11ownership, or similar business affiliation between (i) a
12business that is associated with the person making the
13statement, the person's spouse, or a dependent child of the
14person and (ii) a person who is registered under the Lobbyist
15registration Act or a person that the person making the
16statement knows or reasonably should have known is doing
17business with or seeking to do business with the State.
18.............................................................
19............................................................. 
20VERIFICATION:
21    "I declare that this statement of economic interests
22(including any accompanying schedules and statements) has been
23examined by me and to the best of my knowledge and belief is a
24true, correct and complete statement of my economic interests
25as required by the Illinois Governmental Ethics Act. I
26understand that the penalty for willfully filing a false or

 

 

HB2845- 13 -LRB102 11001 RJF 16333 b

1incomplete statement shall be a fine not to exceed $1,000 or
2imprisonment in a penal institution other than the
3penitentiary not to exceed one year, or both fine and
4imprisonment."
5................  ..........................................
6(date of filing)   (signature of person making the statement)
7(Source: P.A. 95-173, eff. 1-1-08.)
 
8    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
9    Sec. 4A-104. The statement of economic interests required
10by this Article to be filed with the county clerk shall be
11filled in by typewriting or hand printing, shall be verified,
12dated, and signed by the person making the statement and shall
13contain substantially the following:
14
STATEMENT OF ECONOMIC INTERESTS
15
(TYPE OR HAND PRINT)
16.............................................................
17(Name)
18.............................................................
19(each office or position of employment for which this
20statement is 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

 

 

HB2845- 14 -LRB102 11001 RJF 16333 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 with a unit of local government in relation to
8which the person is required to file, in which the ownership
9interest held by the person at the date of filing is in excess
10of $5,000 fair market value or from which dividends in excess
11of $1,200 were received during the preceding calendar year.
12(In the case of real estate, location thereof shall be listed
13by street address, or if none, then by legal description.) No
14time or demand deposit in a financial institution, nor any
15debt instrument shall be listed.
16BusinessInstrument ofPosition of
17EntityOwnershipManagement
18.............................................................
19.............................................................
20.............................................................
21    2. List the name, address and type of practice of any
22professional organization in which the person making the
23statement was an officer, director, associate, partner or
24proprietor, or served in any advisory capacity, from which
25income in excess of $1,200 was derived during the preceding
26calendar year.

 

 

HB2845- 15 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 16 -LRB102 11001 RJF 16333 b

1or if income or dividends in excess of $1200 were received by
2the person filing from the entity during the preceding
3calendar year.
4.............................................................
5.............................................................
6.............................................................
7    6. List the name of any entity doing business with a unit
8of local government in relation to which the person is
9required to file from which income in excess of $1,200 was
10derived during the preceding calendar year other than for
11professional services and the title or description of any
12position held in that entity. No time or demand deposit in a
13financial institution nor any debt instrument need be listed.
14.............................................................
15.............................................................
16    7. List the name of any unit of government which employed
17the person making the statement during the preceding calendar
18year other than the unit or units of government in relation to
19which the person is required to file.
20.............................................................
21.............................................................
22    8. List the name of any entity from which a gift or gifts,
23or honorarium or honoraria, valued singly or in the aggregate
24in excess of $500, was received during the preceding calendar
25year.
26.............................................................

 

 

HB2845- 17 -LRB102 11001 RJF 16333 b

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

 

 

HB2845- 18 -LRB102 11001 RJF 16333 b

1.............................................................
2............................................................. 
3    14. List the names and addresses of creditors to whom the
4person, his or her spouse, or a relative, individually, owed
5debts of more than $10,000.
6.............................................................
7............................................................. 
8VERIFICATION:
9    "I declare that this statement of economic interests
10(including any accompanying schedules and statements) has been
11examined by me and to the best of my knowledge and belief is a
12true, correct and complete statement of my economic interests
13as required by the Illinois Governmental Ethics Act. I
14understand that the penalty for willfully filing a false or
15incomplete statement shall be a fine not to exceed $1,000 or
16imprisonment in a penal institution other than the
17penitentiary not to exceed one year, or both fine and
18imprisonment."
19................  ..........................................
20(date of filing)   (signature of person making the statement)
21(Source: P.A. 95-173, eff. 1-1-08.)