101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4618

 

Introduced 2/5/2020, by Rep. Anne Stava-Murray

 

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 420/1-105.5 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 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, circuit court judge, or judicial retention 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.


LRB101 19453 RJF 68925 b

 

 

A BILL FOR

 

HB4618LRB101 19453 RJF 68925 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, 1-105.5, 1-105.6, 1-105.7, 1-112.5, 1-113.6, and
81-113.7 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, sector
14mutual funds, sector exchange traded funds, commodity futures,
15investment real estate, and partnership interests. For the
16purposes of Sections 4A-102 and 4A-103, assets do not include:
17personal residences; personal vehicles; savings or checking
18accounts; bonds, notes, or securities issued by any branch of
19federal, state, or local government; Medicare benefits;
20inheritances or bequests; diversified funds; annuities;
21pensions (including government pensions); retirement accounts;
22college savings plans that are qualified tuition plans;
23qualified tax-advantaged savings programs that allow

 

 

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1individuals to save for disability-related expenses; or
2tangible personal property.
 
3    (5 ILCS 420/1-104.3 new)
4    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
5of Sections 4A-102 and 4A-103, an individual, organization, or
6other business entity to whom money or its equivalent is owed,
7no matter whether that obligation is secured or unsecured,
8except that if a filer makes a loan to members of his or her
9family, or a political committee registered with the Illinois
10State Board of Election, or a political committee, principal
11campaign committee, or authorized committee registered with
12the Federal Election Commission, then that filer does not, by
13making such a loan, become a creditor of that individual or
14entity for the purposes of Sections 4A-102 and 4A-103 of this
15Act.
 
16    (5 ILCS 420/1-104.4 new)
17    Sec. 1-104.4. Debt. "Debt" means, for the purposes of
18Sections 4A-102 and 4A-103, any money or monetary obligation
19owed at any time during the preceding calendar year to an
20individual, company, or other organization, other than a loan
21that is from a financial institution, government agency, or
22business entity and that is granted on terms made available to
23the general public. For the purposes of Sections 4A-102 and
244A-103, "debt" includes, but is not limited to: personal loans

 

 

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1from friends or business associates, business loans made
2outside the lender's regular course of business, and loans made
3at below market rates. For the purposes of Sections 4A-102 and
44A-103, "debt" does not include: (i) debts to or from financial
5institutions or government entities, such as mortgages,
6student loans, credit card debts, or loans secured by
7automobiles, household furniture, or appliances, as long as
8those loans were made on terms available to the general public
9and do not exceed the purchase price of the items securing
10them; or (ii) debts to or from a political committee registered
11with the Illinois State Board of Elections or political
12committees, principal campaign committees, or authorized
13committees registered with the Federal Election Commission.
 
14    (5 ILCS 420/1-104.5 new)
15    Sec. 1-104.5. Diversified funds. "Diversified funds" means
16investment products, such as mutual funds, exchange traded
17funds, or unit investment trusts, that invest in a wide variety
18of securities. "Diversified funds" does not include sector
19funds.
 
20    (5 ILCS 420/1-105.2 new)
21    Sec. 1-105.2. Economic relationship. "Economic
22relationship" means, for the purposes of Sections 4A-102 and
234A-103, any joint or shared ownership interests in businesses
24and creditor-debtor relationships with third parties, other

 

 

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1than commercial lending institutions, where: (a) the filer is
2entitled to receive (i) more than 7.5% of the total
3distributable income, or (ii) an amount in excess of the salary
4of the Governor; or (b) the filer together with his or her
5spouse or minor children is entitled to receive (i) more than
615%, in the aggregate, of the total distributable income, or
7(ii) an amount in excess of 2 times the salary of the Governor.
 
8    (5 ILCS 420/1-105.3 new)
9    Sec. 1-105.3. Family. "Family" means, for the purposes of
10Sections 4A-102 and 4A-103, a filer's spouse, children,
11step-children, parents, step-parents, siblings, step-siblings,
12half-siblings, sons-in-law, daughters-in-law, grandfathers,
13grandmothers, grandsons, and granddaughters, as well as the
14father, mother, grandfather, and grandmother of the filer's
15spouse, and any person living with the filer.
 
16    (5 ILCS 420/1-105.5 new)
17    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
18Section 4A-102 and 4A-103, a person required to file a
19statement of economic interests pursuant to this Act.
 
20    (5 ILCS 420/1-105.6 new)
21    Sec. 1-105.6. Income. "Income" means, for the purposes of
22Sections 4A-102 and 4A-103, pension income and any income from
23whatever source derived, required to be reported on the filer's

 

 

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1federal income tax return, including, but not limited to:
2compensation received for services rendered or to be rendered
3(as required to be reported on any Internal Revenue Service
4forms, including, but not limited to, W-2, 1099, or K-1);
5earnings or capital gains from the sale of assets; profit;
6interest or dividend income from all assets; revenue from
7leases and rentals, royalties, prizes, awards, or barter;
8forgiveness of debt; and earnings derived from annuities or
9trusts other than testamentary trusts. "Income" does not
10include compensation earned for service in the position that
11necessitates the filing of the statement of economic interests
12or income from the sale of a personal residence or personal
13vehicle.
 
14    (5 ILCS 420/1-105.7 new)
15    Sec. 1-105.7. Investment real estate. "Investment real
16estate" means any real property, other than a filer's personal
17residences, purchased to produce a profit, whether from income
18or resale. Investment real estate may be described by the city
19and state where the real estate is located.
 
20    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
21    Sec. 1-110. "Lobbyist" means an individual who is required
22to be registered to engage in lobbying activities pursuant to
23any statute, regulation, or ordinance adopted by a unit of
24government in the State of Illinois any person required to be

 

 

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1registered under "An Act concerning lobbying and providing a
2penalty for violation thereof", approved July 10, 1957, as
3amended.
4(Source: Laws 1967, p. 3401.)
 
5    (5 ILCS 420/1-112.5 new)
6    Sec. 1-112.5. Personal residence. "Personal residence"
7means, for the purposes of Sections 4A-102 and 4A-103, a
8filer's primary home residence and any residential real
9property held by the filer and used by the filer for
10residential rather than commercial or income generating
11purposes.
 
12    (5 ILCS 420/1-113.6 new)
13    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
14funds or exchange traded funds invested in a particular
15industry or business.
 
16    (5 ILCS 420/1-113.7 new)
17    Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage,
18a party to a civil union, or a registered domestic partner.
 
19    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
20    Sec. 4A-102. The statement of economic interests required
21by this Article shall include the economic interests of the
22person making the statement as provided in this Section. The

 

 

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1interest (if constructively controlled by the person making the
2statement) of a spouse or any other party, shall be considered
3to be the same as the interest of the person making the
4statement. Campaign receipts shall not be included in this
5statement. The following interests shall be listed by all
6persons required to file:
7        (1) each asset that has a value of more than $5,000 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 in excess of $1,200
15    during the preceding calendar year (as required to be
16    reported on the filer's federal income tax return covering
17    the preceding calendar year) and, if the sale or transfer
18    of an asset produced more than $5,000 in capital gains
19    during the preceding calendar year, the transaction date on
20    which that asset was sold or transferred;
21        (3) each creditor of a debt in excess of $5,000 that,
22    during the preceding calendar year, was: (i) owed by the
23    filer, (ii) owed jointly by the filer with his or her
24    spouse or (iii) owed jointly by the filer with his or her
25    minor child or children;
26        (4) each debtor of a debt in excess of $5,000 that,

 

 

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1    during the preceding calendar year, was: (i) owed to the
2    filer, (ii) owed jointly to the filer with his or her
3    spouse, or (iii) owed jointly to the filer with his or her
4    minor child or children;
5        (5) the name of each unit of government of which the
6    filer was an employee, contractor, or office holder during
7    the preceding calendar year other than the unit or units of
8    government in relation to which the person is required to
9    file and the title of the position or nature of the
10    contractual services;
11        (6) each person known to the filer to be registered as
12    a lobbyist with any unit of government in the State of
13    Illinois: (i) with whom the filer maintains an economic
14    relationship, or (ii) who is a member of the filer's
15    family; and
16        (7) each source and type of gift or gifts, or
17    honorarium or honoraria, valued singly or in the aggregate
18    in excess of $500 that was received during the preceding
19    calendar year, excluding any gift or gifts from a member of
20    the filer's family that was not known to the filer to be
21    registered as a lobbyist with any unit of government in the
22    State of Illinois.
23    For the purposes of this Section, the unit of local
24government in relation to which a person is required to file
25under item (e) of Section 4A-101.5 shall be the unit of local
26government that contributes to the pension fund of which such

 

 

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1person is a member of the board.
2The interest (if constructively controlled by the person making
3the statement) of a spouse or any other party, shall be
4considered to be the same as the interest of the person making
5the statement. Campaign receipts shall not be included in this
6statement.
7        (a) The following interests shall be listed by all
8    persons required to file:
9            (1) The name, address and type of practice of any
10        professional organization or individual professional
11        practice in which the person making the statement was
12        an officer, director, associate, partner or
13        proprietor, or served in any advisory capacity, from
14        which income in excess of $1200 was derived during the
15        preceding calendar year;
16            (2) The nature of professional services (other
17        than services rendered to the unit or units of
18        government in relation to which the person is required
19        to file) and the nature of the entity to which they
20        were rendered if fees exceeding $5,000 were received
21        during the preceding calendar year from the entity for
22        professional services rendered by the person making
23        the statement.
24            (3) The identity (including the address or legal
25        description of real estate) of any capital asset from
26        which a capital gain of $5,000 or more was realized in

 

 

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

 

 

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

 

 

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1            (2) Except for professional service entities, the
2        name of any entity and any position held therein from
3        which income in excess of $1,200 was derived during the
4        preceding calendar year if the entity does business
5        with a unit of local government in relation to which
6        the person is required to file. No time or demand
7        deposit in a financial institution, nor any debt
8        instrument need be listed.
9            (3) The name of any entity and the nature of the
10        governmental action requested by any entity which has
11        applied to a unit of local government in relation to
12        which the person must file for any license, franchise
13        or permit for annexation, zoning or rezoning of real
14        estate during the preceding calendar year if the
15        ownership interest of the person filing is in excess of
16        $5,000 fair market value at the time of filing or if
17        income or dividends in excess of $1,200 were received
18        by the person filing from the entity during the
19        preceding calendar year.
20    For the purposes of this Section, the unit of local
21government in relation to which a person required to file under
22item (e) of Section 4A-101.5 shall be the unit of local
23government that contributes to the pension fund of which such
24person is a member of the board.
25(Source: P.A. 101-221, eff. 8-9-19.)
 

 

 

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1    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
2    Sec. 4A-103. The statement of economic interests required
3by this Article to be filed with the Secretary of State or
4county clerk shall be filled in by typewriting or hand
5printing, shall be verified, dated, and signed by the person
6making the statement and shall contain substantially the
7following:
 
8
STATEMENT OF ECONOMIC INTERESTS

 
9INSTRUCTIONS:
10    You may find the following documents helpful to you in
11completing this form:
12        (1) federal income tax returns, including any related
13    schedules, attachments, and forms; and
14        (2) investment and brokerage statements.
15    To complete this form, you do not need to disclose specific
16amounts or values or report interests relating either to
17political committees registered with the Illinois State Board
18of Elections or to political committees, principal campaign
19committees, or authorized committees registered with the
20Federal Election Commission.
21    The information you disclose will be available to the
22public.
23    You must answer all 6 questions. Certain questions will ask
24you to report any applicable assets or debts held in your name;

 

 

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1held jointly with your spouse; or held jointly by you with your
2minor child. If you have any concerns about whether an interest
3should be reported, please consult your department's ethics
4officer, if applicable.
5    Please ensure that the information you provide is complete
6and accurate. If you need more space than the form allows,
7please attach additional pages for your response. If you are
8subject to the State Officials and Employees Ethics Act, your
9ethics officer must review your statement of economic interests
10before you file it. Failure to complete the statement in good
11faith and within the prescribed deadline may subject you to
12fines, imprisonment, or both.
 
13BASIC INFORMATION:
14Name: .......................................................
15Job title:...................................................
16Office, department, or agency that requires you to file this
17form:........................................................
18Other offices, departments, or agencies that require you to
19file a Statement of Economic Interests form: ................
20Full mailing address: .......................................
21Preferred e-mail address (optional) .........................
 
22QUESTIONS:
23    1. If you have any single asset that was worth more than
24$5,000 as of the end of the preceding calendar year and is held

 

 

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1in your name, held jointly by you with your spouse, or held
2jointly by you with your minor child, list such assets below.
3In the case of investment real estate, list the city and state
4where the investment real estate is located. If you do not have
5any such assets, list "none" below.
6.............................................................
7.............................................................
8.............................................................
9.............................................................
10.............................................................
11    2. Excluding the position for which you are required to
12file this form, list the source of any income in excess of
13$1,200 required to be reported during the preceding calendar
14year. If you sold an asset that produced more than $5,000 in
15capital gains in the preceding calendar year, list the name of
16the asset and the transaction date on which the sale or
17transfer took place. If you had no such sources of income or
18assets, list "none" below.
 
19Source of Income / Name of Date Sold (if applicable)
20Asset
21............................... ...............................
22............................... ...............................
23............................... ...............................
24    3. Excluding debts incurred on terms available to the
25general public, such as mortgages, student loans, and credit

 

 

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

 

 

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1your minor child. You do not need to report loans made to
2members of your family or to a political committee registered
3with the Illinois State Board of Elections or any political
4committee, principal campaign committee, or authorized
5committee registered with the Federal Election Commission.
6.............................................................
7.............................................................
8.............................................................
9    5. List the name of each unit of government of which the
10filer was an employee, contractor, or office holder during the
11preceding calendar year other than the unit or units of
12government in relation to which the person is required to file
13and the title of the position or nature of the contractual
14services.
 
15Name of Unit of GovernmentTitle or Nature of Services
16............................... ...............................
17............................... ...............................
18............................... ...............................
19    6. If you maintain an economic relationship with a lobbyist
20or if a member of your family is known to you to be a lobbyist
21registered with any unit of government in the State of
22Illinois, list the name of the lobbyist below and identify the
23nature of your relationship with the lobbyist. If you do not
24have an economic relationship with a lobbyist or a family
25member known to you to be a lobbyist registered with any unit

 

 

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1of government in the State of Illinois, list "none" below.
 
2Name of LobbyistRelationship to Filer
3............................... ...............................
4............................... ...............................
5............................... ...............................
6    7. List the name of each person, organization, or entity
7that was the source of a gift or gifts, or honorarium or
8honoraria, valued singly or in the aggregate in excess of $500
9received during the preceding calendar year, excluding any gift
10or gifts from a member of your family that was not known to be a
11lobbyist registered with any unit of government in the State of
12Illinois. If you had no such gifts, list "none" below.
13.............................................................
14.............................................................
15.............................................................
 
16VERIFICATION:
17    "I declare that this statement of economic interests
18(including any attachments) has been examined by me and to the
19best of my knowledge and belief is a true, correct and complete
20statement of my economic interests as required by the Illinois
21Governmental Ethics Act. I understand that the penalty for
22willfully filing a false or incomplete statement is a fine not
23to exceed $2,500 or imprisonment in a penal institution other
24than the penitentiary not to exceed one year, or both fine and

 

 

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1imprisonment."
2Printed Name of Filer........................................
3Date.........................................................
4Signature....................................................
 
5If this statement of economic interests requires ethics officer
6review prior to filing, the applicable ethics officer must
7complete the following:
 
8CERTIFICATION OF ETHICS OFFICER REVIEW:
9    "In accordance with law, as Ethics Officer, I reviewed this
10statement of economic interests prior to its filing."
 
11Printed Name of Ethics Officer...............................
12Date.........................................................
13Signature....................................................
14Preferred e-mail address (optional) .........................
15
STATEMENT OF ECONOMIC INTEREST
16
(TYPE OR HAND PRINT)
17.............................................................
18(name)
19.............................................................
20(each office or position of employment for which this statement
21is filed)
22.............................................................
23(full mailing address)

 

 

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

 

 

HB4618- 21 -LRB101 19453 RJF 68925 b

1income in excess of $1,200 was derived during the preceding
2calendar year.
3NameAddressType of Practice
4.............................................................
5.............................................................
6.............................................................
7    3. List the nature of professional services rendered (other
8than to the State of Illinois) to each entity from which income
9exceeding $5,000 was received for professional services
10rendered during the preceding calendar year by the person
11making the statement.
12.............................................................
13.............................................................
14    4. List the identity (including the address or legal
15description of real estate) of any capital asset from which a
16capital gain of $5,000 or more was realized during the
17preceding calendar year.
18.............................................................
19.............................................................
20    5. List the identity of any compensated lobbyist with whom
21the person making the statement maintains a close economic
22association, including the name of the lobbyist and specifying
23the legislative matter or matters which are the object of the
24lobbying activity, and describing the general type of economic
25activity of the client or principal on whose behalf that person
26is lobbying.

 

 

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

 

 

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

 

 

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1in this Section and those Sections of the State Officials and
2Employees Ethics Act requiring ethics officer review prior to
3filing. The system shall be capable of allowing an ethics
4officer to approve a statement of economic interests and shall
5include a means to amend a statement of economic interests.
6When this Section does not modify or remove the requirements
7set forth elsewhere in this Article, those requirements shall
8apply to any system of Internet-based filing authorized by this
9Section. When this Section does modify or remove the
10requirements set forth elsewhere in this Article, the
11provisions of this Section shall apply to any system of
12Internet-based filing authorized by this Section.
13    (b) In any system of Internet-based filing of statements of
14economic interests instituted by the Secretary of State or a
15county clerk:
16        (1) Any filing of an Internet-based statement of
17    economic interests shall be the equivalent of the filing of
18    a verified, written statement of economic interests as
19    required by Section 4A-101 or 4A-101.5 and the equivalent
20    of the filing of a verified, dated, and signed statement of
21    economic interests as required by Section 4A-103 4A-104.
22        (2) The Secretary of State and county clerks who
23    institute a system of Internet-based filing of statements
24    of economic interests shall establish a password-protected
25    website to receive the filings of such statements. A
26    website established under this Section shall set forth and

 

 

HB4618- 25 -LRB101 19453 RJF 68925 b

1    provide a means of responding to the items set forth in
2    Section 4A-103 4A-102 that are required of a person who
3    files a statement of economic interests with that officer.
4    A website established under this Section shall set forth
5    and provide a means of generating a printable receipt page
6    acknowledging filing.
7        (3) The times for the filing of statements of economic
8    interests set forth in Section 4A-105 shall be followed in
9    any system of Internet-based filing of statements of
10    economic interests; provided that a candidate for elective
11    office who is required to file a statement of economic
12    interests in relation to his or her candidacy pursuant to
13    Section 4A-105(a) shall receive a written or printed
14    receipt for his or her filing.
15        A candidate filing for Governor, Lieutenant Governor,
16    Attorney General, Secretary of State, Treasurer,
17    Comptroller, State Senate, or State House of
18    Representatives, Supreme Court Judge, appellate court
19    judge, circuit court judge, or judicial retention shall not
20    use the Internet to file his or her statement of economic
21    interests, but shall file his or her statement of economic
22    interests in a written or printed form and shall receive a
23    written or printed receipt for his or her filing. Annually,
24    the duly appointed ethics officer for each legislative
25    caucus shall certify to the Secretary of State whether his
26    or her caucus members will file their statements of

 

 

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

 

 

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

 

 

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