101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4018

 

Introduced 1/4/2021, by Sen. Dan McConchie - John F. Curran - Dale A. Righter - Jil Tracy - William E. Brady, et al.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/1-102.5 new
5 ILCS 420/1-104.3 new
5 ILCS 420/1-104.4 new
5 ILCS 420/1-104.5 new
5 ILCS 420/1-105.2 new
5 ILCS 420/1-105.3 new
5 ILCS 420/1-105.4 new
5 ILCS 420/1-105.5 new
5 ILCS 420/1-105.6 new
5 ILCS 420/1-105.7 new
5 ILCS 420/1-110  from Ch. 127, par. 601-110
5 ILCS 420/1-112.5 new
5 ILCS 420/1-113.6 new
5 ILCS 420/1-113.7 new
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-108
5 ILCS 420/4A-104 rep.

    Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interests form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Repeals a provision that established a separate form for persons required to file a statement of economic interests with county clerks. Defines terms. Adds applicability clause. Makes conforming changes. Effective immediately.


LRB101 22344 RJF 73388 b

 

 

A BILL FOR

 

SB4018LRB101 22344 RJF 73388 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 1-110, 4A-102, 4A-103, and 4A-108 and by
6adding Sections 1-102.5, 1-104.3, 1-104.4, 1-104.5, 1-105.2,
71-105.3, 1-105.4, 1-105.5, 1-105.6, 1-105.7, 1-112.5, 1-113.6,
8and 1-113.7 as follows:
 
9    (5 ILCS 420/1-102.5 new)
10    Sec. 1-102.5. Asset. "Asset" means, for the purposes of
11Sections 4A-102 and 4A-103, an item that is owned and has
12monetary value. For the purposes of Sections 4A-102 and 4A-103,
13assets include, but are not limited to: stocks, bonds (except
14those issued by the federal, state, or local governments),
15sector mutual funds, sector exchange traded funds, commodity
16futures, investment real estate, and partnership interests.
17For the purposes of Sections 4A-102 and 4A-103, assets do not
18include: personal residences; personal vehicles; savings or
19checking accounts; bonds, notes, or securities issued by any
20branch of federal, state, or local government; Medicare
21benefits; inheritances or bequests; diversified mutual funds;
22annuities; pensions (including government pensions);
23retirement accounts; college savings plans that are qualified

 

 

SB4018- 2 -LRB101 22344 RJF 73388 b

1tuition plans; qualified tax-advantaged savings programs that
2allow individuals to save for disability-related expenses;
3non-income producing trust holdings; or tangible personal
4property.
 
5    (5 ILCS 420/1-104.3 new)
6    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
7of Sections 4A-102 and 4A-103, an individual, organization, or
8other business entity to whom money or its equivalent is owed,
9no matter whether that obligation is secured or unsecured,
10except that if a filer makes a loan to members of his or her
11family, or a political committee registered with the Illinois
12State Board of Election, or a political committee, principal
13campaign committee, or authorized committee registered with
14the Federal Election Commission, then that filer does not, by
15making such a loan, become a creditor of that individual or
16entity for the purposes of Sections 4A-102 and 4A-103 of this
17Act.
 
18    (5 ILCS 420/1-104.4 new)
19    Sec. 1-104.4. Debt. "Debt" means, for the purposes of
20Sections 4A-102 and 4A-103, any money or monetary obligation
21owed at any time during the preceding calendar year to an
22individual, company, or other organization, other than a loan
23that is from a financial institution, government agency, or
24business entity and that is granted on terms made available to

 

 

SB4018- 3 -LRB101 22344 RJF 73388 b

1the general public. For the purposes of Sections 4A-102 and
24A-103, "debt" includes, but is not limited to: personal loans
3from friends or business associates, business loans made
4outside the lender's regular course of business, and loans made
5at below market rates. For the purposes of Sections 4A-102 and
64A-103, "debt" does not include: (i) debts to or from financial
7institutions or government entities, such as mortgages,
8student loans, credit card debts, or loans secured by
9automobiles, household furniture, or appliances, as long as
10those loans were made on terms available to the general public
11and do not exceed the purchase price of the items securing
12them; or (ii) debts to or from a political committee registered
13with the Illinois State Board of Elections or political
14committees, principal campaign committees, or authorized
15committees registered with the Federal Election Commission.
 
16    (5 ILCS 420/1-104.5 new)
17    Sec. 1-104.5. Diversified funds. "Diversified funds" means
18investment products, such as mutual funds, exchange traded
19funds, or unit investment trusts, that invest in a wide variety
20of securities.
 
21    (5 ILCS 420/1-105.2 new)
22    Sec. 1-105.2. Economic relationship. "Economic
23relationship" means, for the purposes of Sections 4A-102 and
244A-103, any joint or shared ownership interests in businesses

 

 

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1and creditor-debtor relationships with third parties, other
2than commercial lending institutions, where: (a) the filer is
3entitled to receive (i) more than 7.5% of the total
4distributable income, or (ii) an amount in excess of the salary
5of the Governor; or (b) the filer together with his or her
6spouse or minor children is entitled to receive (i) more than
715%, in the aggregate, of the total distributable income, or
8(ii) an amount in excess of 2 times the salary of the Governor.
 
9    (5 ILCS 420/1-105.3 new)
10    Sec. 1-105.3. Family. "Family" means, for the purposes of
11Sections 4A-102 and 4A-103, a filer's spouse, children,
12step-children, parents, step-parents, siblings, step-siblings,
13half-siblings, sons-in-law, daughters-in-law, grandfathers,
14grandmothers, grandsons, and granddaughters, as well as the
15father, mother, grandfather, and grandmother of the filer's
16spouse.
 
17    (5 ILCS 420/1-105.4 new)
18    Sec. 1-105.4. Immediate family. "Immediate family" means,
19for the purposes of Sections 4A-102 and 4A-103, family of the
20filer living in the filer's residence.
 
21    (5 ILCS 420/1-105.5 new)
22    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
23Section 4A-102 and 4A-103, a person required to file a

 

 

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1statement of economic interests pursuant to this Act.
 
2    (5 ILCS 420/1-105.6 new)
3    Sec. 1-105.6. Income. "Income" means, for the purposes of
4Sections 4A-102 and 4A-103, income from whatever source
5derived, required to be reported on the filer's federal income
6tax return, including, but not limited to: compensation
7received for services rendered or to be rendered (as reported
8on any Internal Revenue Service forms, including, but not
9limited to, W-2, 1099, or K-1); earnings or capital gains from
10the sale of assets; profit; interest or dividend income from
11all assets; revenue from leases and rentals, royalties, prizes,
12awards, or barter; forgiveness of debt; and earnings derived
13from annuities or trusts other than testamentary trusts.
14"Income" does not include compensation earned for service in
15the position that necessitates the filing of the statement of
16economic interests or income from the sale of a personal
17residence or personal vehicle.
 
18    (5 ILCS 420/1-105.7 new)
19    Sec. 1-105.7. Investment real estate. "Investment real
20estate" means any real property, other than a filer's personal
21residences, purchased to produce a profit, whether from income
22or resale. Investment real estate may be described by the city
23and state where the real estate is located.
 

 

 

SB4018- 6 -LRB101 22344 RJF 73388 b

1    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
2    Sec. 1-110. "Lobbyist" means an individual who is required
3to be registered to engage in lobbying activities pursuant to
4any statute, regulation, or ordinance adopted by a unit of
5government in the State of Illinois any person required to be
6registered under "An Act concerning lobbying and providing a
7penalty for violation thereof", approved July 10, 1957, as
8amended.
9(Source: Laws 1967, p. 3401.)
 
10    (5 ILCS 420/1-112.5 new)
11    Sec. 1-112.5. Personal residence. "Personal residence"
12means, for the purposes of Sections 4A-102 and 4A-103, a
13filer's primary home residence and any residential real
14property held by the filer and used by the filer for
15residential rather than commercial or income generating
16purposes.
 
17    (5 ILCS 420/1-113.6 new)
18    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
19funds or exchange traded funds invested in a particular
20industry or business.
 
21    (5 ILCS 420/1-113.7 new)
22    Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage,
23a party to a civil union, or a registered domestic partner.
 

 

 

SB4018- 7 -LRB101 22344 RJF 73388 b

1    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
2    Sec. 4A-102. The statement of economic interests required
3by this Article shall include the economic interests of the
4person making the statement as provided in this Section. The
5following interests shall be listed by all persons required to
6file:
7        (1) each asset that has a value of more than $25,000 as
8    of the end of the preceding calendar year and is: (i) held
9    in the filer's name, (ii) held jointly by the filer with
10    his or her spouse, or (iii) held jointly by the filer with
11    his or her minor child or children;
12        (2) excluding the income from the position that
13    requires the filing of a statement of economic interests
14    under this Act, each source of income that generated in
15    excess of $10,000 in income during the preceding calendar
16    year (as reported on the filer's federal income tax return
17    covering the preceding calendar year), including a general
18    description of the type of services provided in that source
19    of income, and, if the sale or transfer of an asset
20    produced more than $10,000 in capital gains during the
21    preceding calendar year, the transaction date on which that
22    asset was sold or transferred;
23        (3) each creditor of a debt in excess of $25,000 that,
24    during the preceding calendar year, was: (i) owed by the
25    filer, (ii) owed jointly by the filer with his or her

 

 

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1    spouse, or (iii) owed jointly by the filer with his or her
2    minor child or children;
3        (4) each debtor of a debt in excess of $25,000 that,
4    during the preceding calendar year, was: (i) owed to the
5    filer, (ii) owed jointly to the filer with his or her
6    spouse, or (iii) owed jointly to the filer with his or her
7    minor child or children;
8        (5) each lobbyist known to the filer to be registered
9    with any unit of government in the State of Illinois: (i)
10    with whom the filer maintains an economic relationship, or
11    (ii) who is a member of the filer's immediate family; and
12        (6) each source and type of gift or gifts, or
13    honorarium or honoraria, valued singly or in the aggregate
14    in excess of $1,000 that was received during the preceding
15    calendar year.
16    For the purposes of this Section, the unit of local
17government in relation to which a person is required to file
18under item (o) of Section 4A-101 shall be the unit of local
19government that contributes to the pension fund of which such
20person is a member of the board.
21The interest (if constructively controlled by the person making
22the statement) of a spouse or any other party, shall be
23considered to be the same as the interest of the person making
24the statement. Campaign receipts shall not be included in this
25statement.
26        (a) The following interests shall be listed by all

 

 

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

 

 

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1        gifts, or honorarium or honoraria, valued singly or in
2        the aggregate in excess of $500, was received during
3        the preceding calendar year.
4        (b) The following interests shall also be listed by
5    persons listed in items (a) through (f), item (l), item
6    (n), and item (p) of Section 4A-101:
7            (1) The name and instrument of ownership in any
8        entity doing business in the State of Illinois, in
9        which an ownership interest held by the person at the
10        date of filing is in excess of $5,000 fair market value
11        or from which dividends of in excess of $1,200 were
12        derived during the preceding calendar year. (In the
13        case of real estate, location thereof shall be listed
14        by street address, or if none, then by legal
15        description). No time or demand deposit in a financial
16        institution, nor any debt instrument need be listed;
17            (2) Except for professional service entities, the
18        name of any entity and any position held therein from
19        which income of in excess of $1,200 was derived during
20        the preceding calendar year, if the entity does
21        business in the State of Illinois. No time or demand
22        deposit in a financial institution, nor any debt
23        instrument need be listed.
24            (3) The identity of any compensated lobbyist with
25        whom the person making the statement maintains a close
26        economic association, including the name of the

 

 

SB4018- 11 -LRB101 22344 RJF 73388 b

1        lobbyist and specifying the legislative matter or
2        matters which are the object of the lobbying activity,
3        and describing the general type of economic activity of
4        the client or principal on whose behalf that person is
5        lobbying.
6        (c) The following interests shall also be listed by
7    persons listed in items (a) through (c) and item (e) of
8    Section 4A-101.5:
9            (1) The name and instrument of ownership in any
10        entity doing business with a unit of local government
11        in relation to which the person is required to file if
12        the ownership interest of the person filing is greater
13        than $5,000 fair market value as of the date of filing
14        or if dividends in excess of $1,200 were received from
15        the entity during the preceding calendar year. (In the
16        case of real estate, location thereof shall be listed
17        by street address, or if none, then by legal
18        description). No time or demand deposit in a financial
19        institution, nor any debt instrument need be listed.
20            (2) Except for professional service entities, the
21        name of any entity and any position held therein from
22        which income in excess of $1,200 was derived during the
23        preceding calendar year if the entity does business
24        with a unit of local government in relation to which
25        the person is required to file. No time or demand
26        deposit in a financial institution, nor any debt

 

 

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

 

 

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1
STATEMENT OF ECONOMIC INTERESTS

 
2INSTRUCTIONS:
3    You may find the following documents helpful to you in
4completing this form:
5        (1) federal income tax returns, including any related
6    schedules, attachments, and forms; and
7        (2) investment and brokerage statements.
8    To complete this form, you do not need to disclose specific
9amounts or values or report interests relating either to
10political committees registered with the Illinois State Board
11of Elections or to political committees, principal campaign
12committees, or authorized committees registered with the
13Federal Election Commission.
14    The information you disclose will be available to the
15public.
16    You must answer all 6 questions. Certain questions will ask
17you to report any applicable assets or debts held in your name;
18held jointly with your spouse; or held jointly by you with your
19minor child. If you have any concerns about whether an interest
20should be reported, please consult your department's ethics
21officer, if applicable.
22    Please ensure that the information you provide is complete
23and accurate. If you need more space than the form allows,
24please attach additional pages for your response. If you are

 

 

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1subject to the State Officials and Employees Ethics Act, your
2ethics officer must review your statement of economic interests
3before you file it. Failure to complete the statement in good
4faith and within the prescribed deadline may subject you to
5fines, imprisonment, or both.
 
6BASIC INFORMATION:
7Name: .......................................................
8Job title:...................................................
9Office, department, or agency that requires you to file this
10form:........................................................
11Other offices, departments, or agencies that require you to
12file a Statement of Economic Interests form: ................
13Full mailing address: .......................................
14Preferred e-mail address (optional) .........................
 
15QUESTIONS:
16    1. If you have any single asset that was worth more than
17$25,000 as of the end of the preceding calendar year and is
18held in your name, held jointly by you with your spouse, or
19held jointly by you with your minor child, list such assets
20below. In the case of investment real estate, list the city and
21state where the investment real estate is located. If you do
22not have any such assets, list "none" below.
23.............................................................
24.............................................................

 

 

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1.............................................................
2.............................................................
3.............................................................
4    2. Excluding the position for which you are required to
5file this form, list the source of any income in excess of
6$10,000 in income as reported on your federal income tax return
7covering the preceding calendar year, including a general
8description of the type of services provided in that source of
9income. If you sold an asset that produced more than $10,000 in
10capital gains in the preceding calendar year, list the name of
11the asset and the transaction date on which the sale or
12transfer took place. If you had no other sources of income
13exceeding $10,000, list "none" below.
 
14Source of Income / Name of Date Sold (if applicable)
15Asset
16............................... ...............................
17............................... ...............................
18............................... ...............................
19    3. Excluding debts incurred on terms available to the
20general public, such as mortgages, student loans, and credit
21card debts, if you owed any single debt in the preceding
22calendar year exceeding $25,000, list the creditor of the debt
23below. If you had no such debts, list "none" below.
24    List the creditor for all applicable debts owed by you,
25owed jointly by you with your spouse, or owed jointly by you

 

 

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1with your minor child. In addition to the types of debts listed
2above, you do not need to report any debts to or from financial
3institutions or government agencies, such as debts secured by
4automobiles, household furniture or appliances, as long as the
5debt was made on terms available to the general public, debts
6to members of your family, or debts to or from a political
7committee registered with the Illinois State Board of Elections
8or any political committee, principal campaign committee, or
9authorized committee registered with the Federal Election
10Commission.
11.............................................................
12.............................................................
13.............................................................
14.............................................................
15    4. Excluding debts owed to you by members of your family or
16by a political committee, if there is any entity or person who
17owed any debt to you in the preceding calendar year exceeding
18$25,000, list the debtor below. If no such debts were owed to
19you, list "none" below.
20    List the debtor for all applicable debts owed to you, owed
21jointly to you with your spouse, or owed jointly to you with
22your minor child. You do not need to report loans made to
23members of your family or to a political committee registered
24with the Illinois State Board of Elections or any political
25committee, principal campaign committee, or authorized
26committee registered with the Federal Election Commission.

 

 

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1.............................................................
2.............................................................
3.............................................................
4    5. If you maintain an economic relationship with a lobbyist
5or if a member of your immediate family is known to you to be a
6lobbyist registered with any unit of government in the State of
7Illinois, list the name of the lobbyist below and identify the
8nature of your relationship with the lobbyist. If you do not
9have an economic relationship with a lobbyist, list "none"
10below.
 
11Name of LobbyistRelationship to Filer
12............................... ...............................
13............................... ...............................
14............................... ...............................
15    6. List the name of any person, organization, or entity
16that was the source of a gift or gifts, or honorarium or
17honoraria, valued singly or in the aggregate in excess of
18$1,000 received during the preceding calendar year.
19.............................................................
20.............................................................
21.............................................................
 
22VERIFICATION:
23    "I declare that this statement of economic interests
24(including any attachments) has been examined by me and to the

 

 

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1best of my knowledge and belief is a true, correct and complete
2statement of my economic interests as required by the Illinois
3Governmental Ethics Act. I understand that the penalty for
4willfully filing a false or incomplete statement is a fine not
5to exceed $2,500 or imprisonment in a penal institution other
6than the penitentiary not to exceed one year, or both fine and
7imprisonment."
8Printed Name of Filer........................................
9Date.........................................................
10Signature....................................................
 
11If this statement of economic interests requires ethics officer
12review prior to filing, the applicable ethics officer must
13complete the following:
 
14CERTIFICATION OF ETHICS OFFICER REVIEW:
15    "In accordance with law, as Ethics Officer, I reviewed this
16statement of economic interests prior to its filing."
 
17Printed Name of Ethics Officer...............................
18Date.........................................................
19Signature....................................................
20Preferred e-mail address (optional) .........................
21
STATEMENT OF ECONOMIC INTEREST
22
(TYPE OR HAND PRINT)
23.............................................................

 

 

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

 

 

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

 

 

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

 

 

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1.............................................................
2    8. List the name of any entity from which a gift or gifts,
3or honorarium or honoraria, valued singly or in the aggregate
4in excess of $500, was received during the preceding calendar
5year.
6.............................................................
7VERIFICATION:
8    "I declare that this statement of economic interests
9(including any accompanying schedules and statements) has been
10examined by me and to the best of my knowledge and belief is a
11true, correct and complete statement of my economic interests
12as required by the Illinois Governmental Ethics Act. I
13understand that the penalty for willfully filing a false or
14incomplete statement shall be a fine not to exceed $1,000 or
15imprisonment in a penal institution other than the penitentiary
16not to exceed one year, or both fine and imprisonment."
17................ ..........................................
18(date of filing) (signature of person making the statement)
19(Source: P.A. 95-173, eff. 1-1-08.)
 
20    (5 ILCS 420/4A-108)
21    Sec. 4A-108. Internet-based systems of filing.
22    (a) Notwithstanding any other provision of this Act or any
23other law, the Secretary of State and county clerks are
24authorized to institute an Internet-based system for the filing
25of statements of economic interests in their offices. With

 

 

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1respect to county clerk systems, the determination to institute
2such a system shall be in the sole discretion of the county
3clerk and shall meet the requirements set out in this Section.
4With respect to a Secretary of State system, the determination
5to institute such a system shall be in the sole discretion of
6the Secretary of State and shall meet the requirements set out
7in this Section and those Sections of the State Officials and
8Employees Ethics Act requiring ethics officer review prior to
9filing. The system shall be capable of allowing an ethics
10officer to approve a statement of economic interests and shall
11include a means to amend a statement of economic interests.
12When this Section does not modify or remove the requirements
13set forth elsewhere in this Article, those requirements shall
14apply to any system of Internet-based filing authorized by this
15Section. When this Section does modify or remove the
16requirements set forth elsewhere in this Article, the
17provisions of this Section shall apply to any system of
18Internet-based filing authorized by this Section.
19    (b) In any system of Internet-based filing of statements of
20economic interests instituted by the Secretary of State or a
21county clerk:
22        (1) Any filing of an Internet-based statement of
23    economic interests shall be the equivalent of the filing of
24    a verified, written statement of economic interests as
25    required by Section 4A-101 or 4A-101.5 and the equivalent
26    of the filing of a verified, dated, and signed statement of

 

 

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1    economic interests as required by Section 4A-103 4A-104.
2        (2) The Secretary of State and county clerks who
3    institute a system of Internet-based filing of statements
4    of economic interests shall establish a password-protected
5    website to receive the filings of such statements. A
6    website established under this Section shall set forth and
7    provide a means of responding to the items set forth in
8    Section 4A-103 4A-102 that are required of a person who
9    files a statement of economic interests with that officer.
10    A website established under this Section shall set forth
11    and provide a means of generating a printable receipt page
12    acknowledging filing.
13        (3) The times for the filing of statements of economic
14    interests set forth in Section 4A-105 shall be followed in
15    any system of Internet-based filing of statements of
16    economic interests; provided that a candidate for elective
17    office who is required to file a statement of economic
18    interests in relation to his or her candidacy pursuant to
19    Section 4A-105(a) shall receive a written or printed
20    receipt for his or her filing.
21        A candidate filing for Governor, Lieutenant Governor,
22    Attorney General, Secretary of State, Treasurer,
23    Comptroller, State Senate, or State House of
24    Representatives shall not use the Internet to file his or
25    her statement of economic interests, but shall file his or
26    her statement of economic interests in a written or printed

 

 

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1    form and shall receive a written or printed receipt for his
2    or her filing. Annually, the duly appointed ethics officer
3    for each legislative caucus shall certify to the Secretary
4    of State whether his or her caucus members will file their
5    statements of economic interests electronically or in a
6    written or printed format for that year. If the ethics
7    officer for a caucus certifies that the statements of
8    economic interests shall be written or printed, then
9    members of the General Assembly of that caucus shall not
10    use the Internet to file his or her statement of economic
11    interests, but shall file his or her statement of economic
12    interests in a written or printed form and shall receive a
13    written or printed receipt for his or her filing. If no
14    certification is made by an ethics officer for a
15    legislative caucus, or if a member of the General Assembly
16    is not affiliated with a legislative caucus, then the
17    affected member or members of the General Assembly may file
18    their statements of economic interests using the Internet.
19        (4) In the first year of the implementation of a system
20    of Internet-based filing of statements of economic
21    interests, each person required to file such a statement is
22    to be notified in writing of his or her obligation to file
23    his or her statement of economic interests by way of the
24    Internet-based system. If access to the website web site
25    requires a code or password, this information shall be
26    included in the notice prescribed by this paragraph.

 

 

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1        (5) When a person required to file a statement of
2    economic interests has supplied the Secretary of State or a
3    county clerk, as applicable, with an email address for the
4    purpose of receiving notices under this Article by email, a
5    notice sent by email to the supplied email address shall be
6    the equivalent of a notice sent by first class mail, as set
7    forth in Section 4A-106 or 4A-106.5. A person who has
8    supplied such an email address shall notify the Secretary
9    of State or county clerk, as applicable, when his or her
10    email address changes or if he or she no longer wishes to
11    receive notices by email.
12        (6) If any person who is required to file a statement
13    of economic interests and who has chosen to receive notices
14    by email fails to file his or her statement by May 10, then
15    the Secretary of State or county clerk, as applicable,
16    shall send an additional email notice on that date,
17    informing the person that he or she has not filed and
18    describing the penalties for late filing and failing to
19    file. This notice shall be in addition to other notices
20    provided for in this Article.
21        (7) The Secretary of State and each county clerk who
22    institutes a system of Internet-based filing of statements
23    of economic interests may also institute an Internet-based
24    process for the filing of the list of names and addresses
25    of persons required to file statements of economic
26    interests by the chief administrative officers that must

 

 

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1    file such information with the Secretary of State or county
2    clerk, as applicable, pursuant to Section 4A-106 or
3    4A-106.5. Whenever the Secretary of State or a county clerk
4    institutes such a system under this paragraph, every chief
5    administrative officer must use the system to file this
6    information.
7        (8) The Secretary of State and any county clerk who
8    institutes a system of Internet-based filing of statements
9    of economic interests shall post the contents of such
10    statements filed with him or her available for inspection
11    and copying on a publicly accessible website. Such postings
12    shall not include the addresses or signatures of the
13    filers.
14(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
15revised 9-12-19.)
 
16    (5 ILCS 420/4A-104 rep.)
17    Section 10. The Illinois Governmental Ethics Act is amended
18by repealing Section 4A-104.
 
19    Section 98. Applicability. The provisions of this
20amendatory Act of the 101st General Assembly concerning
21statements of economic interests shall apply to statements of
22economic interests filed in 2021 and for each year thereafter.
23Any statement of economic interests filed prior to 2021 shall
24apply the law in effect before the effective date of this

 

 

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1amendatory Act of the 101st General Assembly.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.