Illinois General Assembly - Full Text of SB2607

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Full Text of SB2607 95th General Assembly

Introduced
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SB2607 95TH GENERAL ASSEMBLY

95TH GENERAL ASSEMBLY State of Illinois 2007 and 2008
SB2607

Introduced 2/15/2008, by Sen. Christine Radogno

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, 2008.

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A BILL FOR

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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 mailing address)
21 GENERAL DIRECTIONS:
22     The interest (if constructively controlled by the person
23 making the statement) of a spouse or any other party, shall be
24 considered to be the same as the interest of the person making
25 the statement. A gift to a spouse or to an immediate family

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

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

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1 Lobbyist Legislative Matter Client or Principal
2 .................... .................... .....................
3 .................... .................... .....................
4     6. List the name of any entity doing business in the State
5 of Illinois from which income in excess of $1,200 was derived
6 during the preceding calendar year other than for professional
7 services and the title or description of any position held in
8 that entity. (In the case of real estate, location thereof
9 shall be listed 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 Entity Position Held
13 ............................... ...............................
14 ............................... ...............................
15 ............................... ...............................
16     7. List the name of any unit of government which employed
17 the person making the statement during the preceding calendar
18 year other than the unit or units of government in relation to
19 which the person is required to file.
20 .............................................................
21 .............................................................
22     8. List 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 of
26 each gift or honorarium received from the named person or

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1 entity.
2 Name Nature of Gift Value

3 ..................... ..................... .....................

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

18     (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
19     Sec. 4A-104. The statement of economic interests required
20 by this Article to be filed with the county clerk shall be
21 filled in by typewriting or hand printing, shall be verified,
22 dated, and signed by the person making the statement and shall
23 contain substantially the following:
24 STATEMENT OF ECONOMIC INTERESTS
25 (TYPE OR HAND PRINT)

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1 .............................................................
2 (Name)
3 .............................................................
4 (each office or position of employment for which this statement
5 is filed)...................................................
6 (full mailing address)
7 GENERAL DIRECTIONS:
8     The interest (if constructively controlled by the person
9 making the statement) of a spouse or any other party, shall be
10 considered to be the same as the interest of the person making
11 the statement. A gift to a spouse or to an immediate family
12 member living in the same household as the person making the
13 statement (from a person or entity other than the person making
14 the statement, the spouse, or an immediate family member living
15 in the same household) shall be considered a gift to the person
16 making the statement.
17     Campaign receipts shall not be included in this statement.
18     If additional space is needed, please attach supplemental
19 listing.
20     1. List the name and instrument of ownership in any entity
21 doing business with a unit of local government in relation to
22 which the person is required to file, in which the ownership
23 interest held by the person at the date of filing is in excess
24 of $5,000 fair market value or from which dividends in excess
25 of $1,200 were received during the preceding calendar year. (In
26 the case of real estate, location thereof shall be listed by

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

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1     4. List the identity (including the address or legal
2 description of real estate) of any capital asset from which a
3 capital gain of $5,000 or more was realized during the
4 preceding calendar year.
5 .............................................................
6 .............................................................
7 .............................................................
8     5. List the name of any entity and the nature of the
9 governmental action requested by any entity which has applied
10 to a unit of local government in relation to which the person
11 must file for any license, franchise or permit for annexation,
12 zoning or rezoning of real estate during the preceding calendar
13 year if the ownership interest of the person filing is in
14 excess of $5,000 fair market value at the time of filing or if
15 income or dividends in excess of $1200 were received by the
16 person filing from the entity during the preceding calendar
17 year.
18 .............................................................
19 .............................................................
20 .............................................................
21     6. List the name of any entity doing business with a unit
22 of local government in relation to which the person is required
23 to file from which income in excess of $1,200 was derived
24 during the preceding calendar year other than for professional
25 services and the title or description of any position held in
26 that entity. No time or demand deposit in a financial

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1 institution nor any debt instrument need be listed.
2 .............................................................
3 .............................................................
4     7. List the name of any unit of government which employed
5 the person making the statement during the preceding calendar
6 year other than the unit or units of government in relation to
7 which the person is required to file.
8 .............................................................
9 .............................................................
10     8. List the name of any person from whom or entity from
11 which a gift or gifts, or honorarium or honoraria, valued
12 singly or in the aggregate in excess of $500, was received
13 during the preceding calendar year and the nature and value of
14 each gift or honorarium received from the named person or
15 entity.
16 Name Nature of Gift Value

17 ..................... ..................... .....................

18 ..................... ..................... .....................
19 ...
20 VERIFICATION:
21     "I declare that this statement of economic interests
22 (including any accompanying schedules and statements) has been
23 examined by me and to the best of my knowledge and belief is a
24 true, correct and complete statement of my economic interests
25 as required by the Illinois Governmental Ethics Act. I
26 understand that the penalty for willfully filing a false or

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

7     Section 10. The Election Code is amended by changing
8 Section 9-28 as follows:

9     (10 ILCS 5/9-28)
10     Sec. 9-28. Electronic filing and availability. The Board
11 shall by rule provide for the electronic filing of expenditure
12 and contribution reports as follows:
13     Beginning July 1, 1999, or as soon thereafter as the Board
14 has provided adequate software to the political committee,
15 electronic filing is required for all political committees that
16 during the reporting period (i) had at any time a balance or an
17 accumulation of contributions of $25,000 or more, (ii) made
18 aggregate expenditures of $25,000 or more, or (iii) received
19 loans of an aggregate of $25,000 or more.
20     Beginning July 1, 2003, electronic filing is required for
21 all political committees that during the reporting period (i)
22 had at any time a balance or an accumulation of contributions
23 of $10,000 or more, (ii) made aggregate expenditures of $10,000
24 or more, or (iii) received loans of an aggregate of $10,000 or

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

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1 9-7.5.
2 (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)

3     Section 99. Effective date. This Act takes effect July 1,
4 2008.

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