102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0613

 

Introduced 2/24/2021, by Sen. Julie A. Morrison

 

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.
25 ILCS 170/6  from Ch. 63, par. 176

    Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest 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. Requires candidates filing for Supreme Court Judge, appellate court judge, or circuit court judge to file his or her statement of economic interests in written or printed form. 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.


LRB102 15265 RJF 20620 b

 

 

A BILL FOR

 

SB0613LRB102 15265 RJF 20620 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
134A-103, assets include, but are not limited to: stocks, bonds
14(except those issued by the federal, state, or local
15governments), sector mutual funds, sector exchange traded
16funds, commodity futures, investment real estate, and
17partnership interests. For the purposes of Sections 4A-102 and
184A-103, assets do not include: personal residences; personal
19vehicles; savings or checking accounts; bonds, notes, or
20securities issued by any branch of federal, state, or local
21government; Medicare benefits; inheritances or bequests;
22diversified mutual funds; annuities; pensions (including
23government pensions); retirement accounts; college savings

 

 

SB0613- 2 -LRB102 15265 RJF 20620 b

1plans that are qualified tuition plans; qualified
2tax-advantaged savings programs that allow individuals to save
3for disability-related expenses; non-income producing trust
4holdings; or tangible personal property.
 
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

 

 

SB0613- 3 -LRB102 15265 RJF 20620 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
5made at below market rates. For the purposes of Sections
64A-102 and 4A-103, "debt" does not include: (i) debts to or
7from financial institutions or government entities, such as
8mortgages, student loans, credit card debts, or loans secured
9by automobiles, 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
13registered with the Illinois State Board of Elections or
14political committees, principal campaign committees, or
15authorized committees registered with the Federal Election
16Commission.
 
17    (5 ILCS 420/1-104.5 new)
18    Sec. 1-104.5. Diversified funds. "Diversified funds" means
19investment products, such as mutual funds, exchange traded
20funds, or unit investment trusts, that invest in a wide
21variety of securities.
 
22    (5 ILCS 420/1-105.2 new)
23    Sec. 1-105.2. Economic relationship. "Economic
24relationship" means, for the purposes of Sections 4A-102 and

 

 

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14A-103, any joint or shared ownership interests in businesses
2and creditor-debtor relationships with third parties, other
3than commercial lending institutions, where: (a) the filer is
4entitled to receive (i) more than 7.5% of the total
5distributable income, or (ii) an amount in excess of the
6salary of the Governor; or (b) the filer together with his or
7her spouse or minor children is entitled to receive (i) more
8than 15%, in the aggregate, of the total distributable income,
9or (ii) an amount in excess of 2 times the salary of the
10Governor.
 
11    (5 ILCS 420/1-105.3 new)
12    Sec. 1-105.3. Family. "Family" means, for the purposes of
13Sections 4A-102 and 4A-103, a filer's spouse, children,
14step-children, parents, step-parents, siblings,
15step-siblings, half-siblings, sons-in-law, daughters-in-law,
16grandfathers, grandmothers, grandsons, and granddaughters, as
17well as the father, mother, grandfather, and grandmother of
18the filer's spouse.
 
19    (5 ILCS 420/1-105.4 new)
20    Sec. 1-105.4. Immediate family. "Immediate family" means,
21for the purposes of Sections 4A-102 and 4A-103, family of the
22filer living in the filer's residence.
 
23    (5 ILCS 420/1-105.5 new)

 

 

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1    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
2Section 4A-102 and 4A-103, a person required to file a
3statement of economic interests pursuant to this Act.
 
4    (5 ILCS 420/1-105.6 new)
5    Sec. 1-105.6. Income. "Income" means, for the purposes of
6Sections 4A-102 and 4A-103, income from whatever source
7derived, required to be reported on the filer's federal income
8tax return, including, but not limited to: compensation
9received for services rendered or to be rendered (as reported
10on any Internal Revenue Service forms, including, but not
11limited to, W-2, 1099, or K-1); earnings or capital gains from
12the sale of assets; profit; interest or dividend income from
13all assets; revenue from leases and rentals, royalties,
14prizes, awards, or barter; forgiveness of debt; and earnings
15derived from annuities or trusts other than testamentary
16trusts. "Income" does not include compensation earned for
17service in the position that necessitates the filing of the
18statement of economic interests or income from the sale of a
19personal residence or personal vehicle.
 
20    (5 ILCS 420/1-105.7 new)
21    Sec. 1-105.7. Investment real estate. "Investment real
22estate" means any real property, other than a filer's personal
23residences, purchased to produce a profit, whether from income
24or resale. Investment real estate may be described by the city

 

 

SB0613- 6 -LRB102 15265 RJF 20620 b

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

 

 

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1    Sec. 1-113.7. Spouse. "Spouse" means a party to a
2marriage, a party to a civil union, or a registered domestic
3partner.
 
4    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
5    Sec. 4A-102. The statement of economic interests required
6by this Article shall include the economic interests of the
7person making the statement as provided in this Section. The
8following interests shall be listed by all persons required to
9file:
10        (1) each asset that has a value of more than $25,000 as
11    of the end of the preceding calendar year and is: (i) held
12    in the filer's name, (ii) held jointly by the filer with
13    his or her spouse, or (iii) held jointly by the filer with
14    his or her minor child or children;
15        (2) excluding the income from the position that
16    requires the filing of a statement of economic interests
17    under this Act, each source of income that generated in
18    excess of $10,000 in income during the preceding calendar
19    year (as reported on the filer's federal income tax return
20    covering the preceding calendar year) and, if the sale or
21    transfer of an asset produced more than $10,000 in capital
22    gains during the preceding calendar year, the transaction
23    date on which that asset was sold or transferred;
24        (3) each creditor of a debt in excess of $25,000 that,
25    during the preceding calendar year, was: (i) owed by the

 

 

SB0613- 8 -LRB102 15265 RJF 20620 b

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

 

 

SB0613- 9 -LRB102 15265 RJF 20620 b

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

 

 

SB0613- 10 -LRB102 15265 RJF 20620 b

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

 

 

SB0613- 11 -LRB102 15265 RJF 20620 b

1        economic association, including the name of the
2        lobbyist and specifying the legislative matter or
3        matters which are the object of the lobbying activity,
4        and describing the general type of economic activity
5        of the client or principal on whose behalf that person
6        is lobbying.
7        (c) The following interests shall also be listed by
8    persons listed in items (a) through (c) and item (e) of
9    Section 4A-101.5:
10            (1) The name and instrument of ownership in any
11        entity doing business with a unit of local government
12        in relation to which the person is required to file if
13        the ownership interest of the person filing is greater
14        than $5,000 fair market value as of the date of filing
15        or if dividends in excess of $1,200 were received from
16        the entity during the preceding calendar year. (In the
17        case of real estate, location thereof shall be listed
18        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            (2) Except for professional service entities, the
22        name of any entity and any position held therein from
23        which income in excess of $1,200 was derived during
24        the preceding calendar year if the entity does
25        business with a unit of local government in relation
26        to which the person is required to file. No time or

 

 

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1        demand deposit in a financial institution, nor any
2        debt instrument need be listed.
3            (3) The name of any entity and the nature of the
4        governmental action requested by any entity which has
5        applied to a unit of local government in relation to
6        which the person must file for any license, franchise
7        or permit for annexation, zoning or rezoning of real
8        estate during the preceding calendar year if the
9        ownership interest of the person filing is in excess
10        of $5,000 fair market value at the time of filing or if
11        income or dividends in excess of $1,200 were received
12        by the person filing from the entity during the
13        preceding calendar year.
14    For the purposes of this Section, the unit of local
15government in relation to which a person required to file
16under item (e) of Section 4A-101.5 shall be the unit of local
17government that contributes to the pension fund of which such
18person is a member of the board.
19(Source: P.A. 101-221, eff. 8-9-19.)
 
20    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
21    Sec. 4A-103. The statement of economic interests required
22by this Article to be filed with the Secretary of State or
23county clerk shall be filled in by typewriting or hand
24printing, shall be verified, dated, and signed by the person
25making the statement and shall contain substantially the

 

 

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1following:
 
2
STATEMENT OF ECONOMIC INTERESTS

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

 

 

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

 

 

SB0613- 15 -LRB102 15265 RJF 20620 b

1.............................................................
2.............................................................
3.............................................................
4.............................................................
5    2. Excluding the position for which you are required to
6file this form, list the source of any income in excess of
7$10,000 in income as reported on your federal income tax
8return covering the preceding calendar year. If you sold an
9asset that produced more than $10,000 in capital gains in the
10preceding calendar year, list the name of the asset and the
11transaction date on which the sale or transfer took place. If
12you had no other sources of income exceeding $10,000, list
13"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

 

 

SB0613- 16 -LRB102 15265 RJF 20620 b

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
8Elections or any political committee, principal campaign
9committee, or authorized committee registered with the Federal
10Election Commission.
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.

 

 

SB0613- 17 -LRB102 15265 RJF 20620 b

1.............................................................
2.............................................................
3.............................................................
4    5. If you maintain an economic relationship with a
5lobbyist or if a member of your immediate family is known to
6you to be a lobbyist registered with any unit of government in
7the State of Illinois, list the name of the lobbyist below and
8identify the nature of your relationship with the lobbyist. If
9you do not have an economic relationship with a lobbyist, list
10"none" below.
 
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
12officer review prior to filing, the applicable ethics officer
13must complete the following:
 
14CERTIFICATION OF ETHICS OFFICER REVIEW:
15    "In accordance with law, as Ethics Officer, I reviewed
16this statement 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.............................................................

 

 

SB0613- 19 -LRB102 15265 RJF 20620 b

1(name)
2.............................................................
3(each office or position of employment for which this
4statement is 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
17ownership interest held by the person at the date of filing is
18in excess of $5,000 fair market value or from which dividends
19in excess of $1,200 were derived during the preceding calendar
20year. (In the case of real estate, location thereof shall be
21listed by street address, or if none, then by legal
22description.) No time or demand deposit in a financial
23institution, nor any debt instrument need be listed.
24Business EntityInstrument of Ownership
25..............................................................
26..............................................................

 

 

SB0613- 20 -LRB102 15265 RJF 20620 b

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
14(other than to the State of Illinois) to each entity from which
15income exceeding $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
6person is 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
16penitentiary not to exceed one year, or both fine and
17imprisonment."
18................ ..........................................
19(date of filing) (signature of person making the statement)
20(Source: P.A. 95-173, eff. 1-1-08.)
 
21    (5 ILCS 420/4A-108)
22    Sec. 4A-108. Internet-based systems of filing.
23    (a) Notwithstanding any other provision of this Act or any
24other law, the Secretary of State and county clerks are
25authorized to institute an Internet-based system for the

 

 

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

 

 

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1    of the filing of a verified, dated, and signed statement
2    of economic interests as required by Section 4A-103
3    4A-104.
4        (2) The Secretary of State and county clerks who
5    institute a system of Internet-based filing of statements
6    of economic interests shall establish a password-protected
7    website to receive the filings of such statements. A
8    website established under this Section shall set forth and
9    provide a means of responding to the items set forth in
10    Section 4A-103 4A-102 that are required of a person who
11    files a statement of economic interests with that officer.
12    A website established under this Section shall set forth
13    and provide a means of generating a printable receipt page
14    acknowledging filing.
15        (3) The times for the filing of statements of economic
16    interests set forth in Section 4A-105 shall be followed in
17    any system of Internet-based filing of statements of
18    economic interests; provided that a candidate for elective
19    office who is required to file a statement of economic
20    interests in relation to his or her candidacy pursuant to
21    Section 4A-105(a) shall receive a written or printed
22    receipt for his or her filing.
23        A candidate filing for Governor, Lieutenant Governor,
24    Attorney General, Secretary of State, Treasurer,
25    Comptroller, State Senate, or State House of
26    Representatives, Supreme Court Judge, appellate court

 

 

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

 

 

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

 

 

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1    of economic interests may also institute an Internet-based
2    process for the filing of the list of names and addresses
3    of persons required to file statements of economic
4    interests by the chief administrative officers that must
5    file such information with the Secretary of State or
6    county clerk, as applicable, pursuant to Section 4A-106 or
7    4A-106.5. Whenever the Secretary of State or a county
8    clerk institutes such a system under this paragraph, every
9    chief administrative officer must use the system to file
10    this information.
11        (8) The Secretary of State and any county clerk who
12    institutes a system of Internet-based filing of statements
13    of economic interests shall post the contents of such
14    statements filed with him or her available for inspection
15    and copying on a publicly accessible website. Such
16    postings shall not include the addresses or signatures of
17    the filers.
18(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
19revised 9-12-19.)
 
20    (5 ILCS 420/4A-104 rep.)
21    Section 10. The Illinois Governmental Ethics Act is
22amended by repealing Section 4A-104.
 
23    Section 15. The Lobbyist Registration Act is amended by
24changing Section 6 as follows:
 

 

 

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1    (25 ILCS 170/6)  (from Ch. 63, par. 176)
2    Sec. 6. Reports.
3    (a) Lobbyist reports. Except as otherwise provided in this
4Section, every lobbyist registered under this Act who is
5solely employed by a lobbying entity shall file an
6affirmation, verified under oath pursuant to Section 1-109 of
7the Code of Civil Procedure, with the Secretary of State
8attesting to the accuracy of any reports filed pursuant to
9subsection (b) as those reports pertain to work performed by
10the lobbyist. Any lobbyist registered under this Act who is
11not solely employed by a lobbying entity shall personally file
12reports required of lobbying entities pursuant to subsection
13(b). A lobbyist may, if authorized so to do by a lobbying
14entity by whom he or she is employed or retained, file lobbying
15entity reports pursuant to subsection (b) provided that the
16lobbying entity may delegate the filing of the lobbying entity
17report to only one lobbyist in any reporting period.
18    (b) Lobbying entity reports. Every lobbying entity
19registered under this Act shall report expenditures related to
20lobbying. The report shall itemize each individual expenditure
21or transaction and shall include the name of the official on
22whose behalf the expenditure was made, the name of the client
23if the expenditure was made on behalf of a client, the total
24amount of the expenditure, a description of the expenditure,
25the vendor or purveyor to whom the expenditure was made

 

 

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1(including the address or location of the expenditure), the
2date on which the expenditure occurred and the subject matter
3of the lobbying activity, if any. For those expenditures made
4on behalf of a client, if the client is a client registrant,
5the report shall also include the name and address of the
6client or clients of the client registrant or the official or
7officials on whose behalf the expenditure ultimately was made.
8Each expenditure required to be reported shall include all
9expenses made for or on behalf of an official or his or her
10immediate family member living with the official.
11    (b-1) The report shall include any change or addition to
12the client list information, required in Section 5 for
13registration, since the last report, including the names and
14addresses of all clients who retained the lobbying entity
15together with an itemized description for each client of the
16following: (1) lobbying regarding executive action, including
17the name of any executive agency lobbied and the subject
18matter; (2) lobbying regarding legislative action, including
19the General Assembly and any other agencies lobbied and the
20subject matter; and (3) lobbying regarding administrative
21action, including the agency lobbied and the subject matter.
22Registrants who made no reportable expenditures during a
23reporting period shall file a report stating that no
24expenditures were incurred.
25    (b-2) Expenditures attributable to lobbying officials
26shall be listed and reported according to the following

 

 

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1categories:
2        (1) Travel and lodging on behalf of others, including,
3    but not limited to, all travel and living accommodations
4    made for or on behalf of State officials during sessions
5    of the General Assembly.
6        (2) Meals, beverages and other entertainment.
7        (3) Gifts (indicating which, if any, are on the basis
8    of personal friendship).
9        (4) Honoraria.
10        (5) Any other thing or service of value not listed
11    under categories (1) through (4), setting forth a
12    description of the expenditure. The category travel and
13    lodging includes, but is not limited to, all travel and
14    living accommodations made for or on behalf of State
15    officials in the State capital during sessions of the
16    General Assembly.
17    (b-3) If expenditures are Expenditures incurred for
18hosting receptions, benefits, and other large gatherings held
19for purposes of goodwill or otherwise to influence executive,
20legislative, or administrative action and if the total number
21of State officials invited to such an event is equal to or
22greater than the number of State legislators in the smaller
23minority caucus of either the House of Representatives or the
24Senate, as defined in the rules of those chambers, then to
25which there are 25 or more State officials invited shall be
26reported listing only the total amount of the expenditure, the

 

 

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1date of the event, and the estimated number of officials in
2attendance shall be reported.
3    (b-7) Matters excluded from reports. The following items
4need not be included in the report:
5        (1) Reasonable and bona fide expenditures made by the
6    registrant who is a member of a legislative or State study
7    commission or committee while attending and participating
8    in meetings and hearings of such commission or committee.
9        (2) Reasonable and bona fide expenditures made by the
10    registrant for personal sustenance, lodging, travel,
11    office expenses and clerical or support staff.
12        (3) Salaries, fees, and other compensation paid to the
13    registrant for the purposes of lobbying.
14        (4) Any contributions required to be reported under
15    Article 9 of the Election Code.
16        (5) Expenditures made by a registrant on behalf of an
17    official that are returned or reimbursed prior to the
18    deadline for submission of the report.
19    (c) A registrant who terminates employment or duties which
20required him or her to register under this Act shall give the
21Secretary of State, within 30 days after the date of such
22termination, written notice of such termination and shall
23include therewith a report of the expenditures described
24herein, covering the period of time since the filing of his or
25her last report to the date of termination of employment. Such
26notice and report shall be final and relieve such registrant

 

 

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1of further reporting under this Act, unless and until he or she
2later takes employment or assumes duties requiring him or her
3to again register under this Act.
4    (d) Failure to file any such report within the time
5designated or the reporting of incomplete information shall
6constitute a violation of this Act.
7    A registrant shall preserve for a period of 2 years all
8receipts and records used in preparing reports under this Act.
9    (e) Within 30 days after a filing deadline or as provided
10by rule, the lobbyist shall notify each official on whose
11behalf an expenditure has been reported. Notification shall
12include the name of the registrant, the total amount of the
13expenditure, a description of the expenditure, the date on
14which the expenditure occurred, and the subject matter of the
15lobbying activity.
16    (f) A report for the period beginning January 1, 2010 and
17ending on June 30, 2010 shall be filed no later than July 15,
182010, and a report for the period beginning July 1, 2010 and
19ending on December 31, 2010 shall be filed no later than
20January 15, 2011. Beginning January 1, 2011, reports shall be
21filed semi-monthly as follows: (i) for the period beginning
22the first day of the month through the 15th day of the month,
23the report shall be filed no later than the 20th day of the
24month and (ii) for the period beginning on the 16th day of the
25month through the last day of the month, the report shall be
26filed no later than the 5th day of the following month. A

 

 

SB0613- 33 -LRB102 15265 RJF 20620 b

1report filed under this Act is due in the Office of the
2Secretary of State no later than the close of business on the
3date on which it is required to be filed.
4    (g) All reports filed under this Act shall be filed in a
5format or on forms prescribed by the Secretary of State.
6(Source: P.A. 98-459, eff. 1-1-14.)
 
7    Section 98. Applicability. The provisions of this
8amendatory Act of the 102nd General Assembly concerning
9statements of economic interests shall apply to statements of
10economic interests filed in 2021 and for each year thereafter.
11Any statement of economic interests filed prior to 2021 shall
12apply the law in effect before the effective date of this
13amendatory Act of the 102nd General Assembly.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.