Full Text of HB3760 102nd General Assembly
HB3760 102ND GENERAL ASSEMBLY |
| | 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.
|
| |
| | A BILL FOR |
|
| | | HB3760 | | LRB102 13435 RJF 18781 b |
|
| 1 | | AN ACT concerning government.
| 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 | 11 | | 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. Campaign receipts shall not be included in this | 14 | | statement.
| 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;
|
| | | HB3760 | - 2 - | LRB102 13435 RJF 18781 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 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 | 9 | | government in relation to which a person required to file | 10 | | under item (e) of Section 4A-101.5 shall be the unit of local | 11 | | government that contributes to the pension fund of which such | 12 | | person 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 | 16 | | by this Article to be filed
with the Secretary of State shall | 17 | | be filled in by
typewriting or hand printing, shall be | 18 | | verified, dated, and signed by the
person making the statement | 19 | | and 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 |
|
| 1 | | statement is filed)
| 2 | | .............................................................
| 3 | | (full mailing address)
| 4 | | GENERAL DIRECTIONS:
| 5 | | The interest (if constructively controlled by the person | 6 | | making the
statement) of a spouse or any other party, shall be | 7 | | considered to be the
same as the interest of the person making | 8 | | the statement.
| 9 | | Campaign receipts shall not be included in this statement.
| 10 | | If additional space is needed, please attach supplemental | 11 | | listing.
| 12 | | 1. List the name and instrument of ownership in any entity | 13 | | doing
business in the State of Illinois, in which the | 14 | | ownership interest held by
the person at the date of filing is | 15 | | in excess of $5,000 fair market value
or from which dividends | 16 | | in excess of $1,200 were derived during the
preceding calendar | 17 | | year. (In the case of real estate, location thereof
shall be | 18 | | listed by street address, or if none, then by legal | 19 | | description.)
No time or demand deposit in a financial | 20 | | institution, nor any debt
instrument need be listed.
|
|
21 | | Business Entity |
Instrument 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 |
|
| 1 | | professional
organization in which the person making the | 2 | | statement was an officer,
director, associate, partner or | 3 | | proprietor or served in any advisory
capacity, from which | 4 | | income in excess of $1,200 was derived during the
preceding | 5 | | calendar year.
|
|
6 | | Name |
Address |
Type 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 | 12 | | income exceeding $5,000 was
received for professional services | 13 | | rendered during the preceding calendar
year by the person | 14 | | making the statement.
| 15 | | .............................................................
| 16 | | .............................................................
| 17 | | 4. List the identity (including the address or legal | 18 | | description of real
estate) of any capital asset from which a | 19 | | capital gain of $5,000 or more
was realized during the | 20 | | preceding calendar year.
| 21 | | .............................................................
| 22 | | .............................................................
| 23 | | 5. List the identity of any compensated lobbyist with whom | 24 | | the person
making the statement maintains a close economic | 25 | | association, including the
name of the lobbyist and specifying | 26 | | the legislative matter or matters which
are the object of the |
| | | HB3760 | - 8 - | LRB102 13435 RJF 18781 b |
|
| 1 | | lobbying activity, and describing the general type of
economic | 2 | | activity of the client or principal on whose behalf that | 3 | | person is
lobbying.
|
|
4 | | Lobbyist |
Legislative Matter |
Client or Principal |
|
5 | | .................... |
.................... |
..................... |
|
6 | | .................... |
.................... |
..................... |
|
7 | | 6. List the name of any entity doing business in the State | 8 | | of Illinois
from which income in excess of $1,200 was derived | 9 | | during the preceding
calendar year other than for professional | 10 | | services and the title or
description of any position held in | 11 | | that entity. (In the case of real
estate, location thereof | 12 | | shall be listed 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 | | Entity |
Position Held |
|
16 | | ............................... |
............................... |
|
17 | | ............................... |
............................... |
|
18 | | ............................... |
............................... |
|
19 | | 7. List the name of any unit of government which employed | 20 | | the person
making the statement during the preceding calendar | 21 | | year other than the unit
or units
of government in relation to | 22 | | which the person is required to file.
| 23 | | .............................................................
| 24 | | .............................................................
| 25 | | 8. List the name of any entity from which a gift or gifts, | 26 | | or honorarium
or honoraria, valued singly or in the aggregate |
| | | HB3760 | - 9 - | LRB102 13435 RJF 18781 b |
|
| 1 | | in excess of $500, was
received during the preceding calendar | 2 | | year.
| 3 | | .............................................................
| 4 | | 9. List the income from the settlement of a lawsuit for any | 5 | | individual residing in the household of the person making the | 6 | | statement. | 7 | | .............................................................
| 8 | | ............................................................. | 9 | | VERIFICATION:
| 10 | | "I declare that this statement of economic interests | 11 | | (including any
accompanying schedules and statements) has been | 12 | | examined by me and to the
best of my knowledge and belief is a | 13 | | true, correct and complete statement
of my economic interests | 14 | | as required by the Illinois Governmental Ethics
Act. I | 15 | | understand that the penalty for willfully filing a false or
| 16 | | incomplete statement shall be a fine not to exceed $1,000 or | 17 | | imprisonment
in a penal institution other than the | 18 | | penitentiary not to exceed one year,
or both fine and | 19 | | imprisonment."
| 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 | 25 | | by this Article to be filed
with the county clerk shall be |
| | | HB3760 | - 10 - | LRB102 13435 RJF 18781 b |
|
| 1 | | filled in by typewriting
or hand printing, shall be verified, | 2 | | dated, and signed by the person
making the statement and shall | 3 | | contain 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
| 10 | | statement is filed)
| 11 | | .........................................
| 12 | | (full mailing address)
| 13 | | GENERAL DIRECTIONS:
| 14 | | The interest (if constructively controlled by the person | 15 | | making the
statement) of a spouse or any other party, shall be | 16 | | considered to be the
same as the interest of the person making | 17 | | the statement.
| 18 | | Campaign receipts shall not be included in this statement.
| 19 | | If additional space is needed, please attach supplemental | 20 | | listing.
| 21 | | 1. List the name and instrument of ownership in any entity | 22 | | doing
business with a unit of local government in relation to | 23 | | which the
person
is required to file, in which the ownership | 24 | | interest held by the person at
the date of filing is in excess | 25 | | of $5,000 fair market value or from which
dividends in excess | 26 | | of $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 | 2 | | by
street address, or if none, then by legal description.) No | 3 | | time or demand
deposit in a financial institution, nor any | 4 | | debt instrument shall be
listed.
|
|
5 | | Business |
Instrument of |
Position of |
|
6 | | Entity |
Ownership |
Management |
|
7 | | .................... |
.................... |
..................... |
|
8 | | .................... |
.................... |
..................... |
|
9 | | .................... |
.................... |
..................... |
|
10 | | 2. List the name, address and type of practice of any | 11 | | professional
organization in which the person making the | 12 | | statement was an officer,
director, associate, partner or | 13 | | proprietor, or served in any advisory
capacity, from which | 14 | | income in excess of $1,200 was derived during the
preceding | 15 | | calendar year.
|
|
16 | | Name |
Address |
Type 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 | 22 | | relation to which the person is
required to
file) to each | 23 | | entity from which income exceeding $5,000 was received for
| 24 | | professional services rendered during the preceding calendar | 25 | | year 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 | 3 | | description of real
estate) of any capital asset from which a | 4 | | capital gain of $5,000 or more
was realized during the | 5 | | preceding calendar year.
| 6 | | .............................................................
| 7 | | .............................................................
| 8 | | .............................................................
| 9 | | 5. List the name of any entity and the nature of the | 10 | | governmental action
requested by any entity which has applied | 11 | | to a unit of local
government
in relation to which the person | 12 | | must file for any license, franchise or
permit for annexation, | 13 | | zoning or rezoning of real estate during the
preceding | 14 | | calendar year if the ownership interest of the person filing | 15 | | is
in excess of $5,000 fair market value at the time of filing | 16 | | or if income or
dividends in excess of $1200 were received by | 17 | | the person filing from the
entity during the preceding | 18 | | calendar year.
| 19 | | .............................................................
| 20 | | .............................................................
| 21 | | .............................................................
| 22 | | 6. List the name of any entity doing business with a unit | 23 | | of
local
government in relation to which the person is | 24 | | required to file from which
income in excess of $1,200 was | 25 | | derived during the preceding calendar year
other than for | 26 | | professional services and the title or description of any
|
| | | HB3760 | - 13 - | LRB102 13435 RJF 18781 b |
|
| 1 | | position held in that entity. No time or demand deposit in a | 2 | | financial
institution nor any debt instrument need be listed.
| 3 | | .............................................................
| 4 | | .............................................................
| 5 | | 7. List the name of any unit of government which employed | 6 | | the person
making the statement during the preceding calendar | 7 | | year other than the unit
or units of government in relation to | 8 | | which the person is required to file.
| 9 | | .............................................................
| 10 | | .............................................................
| 11 | | 8. List the name of any entity from which a gift or gifts, | 12 | | or honorarium
or honoraria, valued singly or in the aggregate | 13 | | in excess of $500, was
received during the preceding calendar | 14 | | year.
| 15 | | .............................................................
| 16 | | 9. List the income from the settlement of a lawsuit for any | 17 | | individual residing in the household of the person making the | 18 | | statement. | 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 |
| | | HB3760 | - 14 - | LRB102 13435 RJF 18781 b |
|
| 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 | 4 | | penitentiary not to exceed one year,
or both fine and | 5 | | imprisonment."
| 6 | | ................ ..........................................
| 7 | | (date of filing) (signature of person making the statement)
| 8 | | (Source: P.A. 95-173, eff. 1-1-08 .)
|
|