Rep. Gregory Harris

Adopted in House on Nov 14, 2019

 

 


 

 


 
10100SB1639ham002LRB101 11010 RJF 64765 a

1
AMENDMENT TO SENATE BILL 1639

2    AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing
3everything after the enacting clause with the following:
 
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:

 

 

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1personal residences; personal vehicles; savings or checking
2accounts; bonds, notes, or securities issued by any branch of
3federal, state, or local government; Medicare benefits;
4inheritances or bequests; diversified funds; annuities;
5pensions (including government pensions); retirement accounts;
6college savings plans that are qualified tuition plans;
7qualified tax-advantaged savings programs that allow
8individuals to save for disability-related expenses; or
9tangible personal property.
 
10    (5 ILCS 420/1-104.3 new)
11    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
12of Sections 4A-102 and 4A-103, an individual, organization, or
13other business entity to whom money or its equivalent is owed,
14no matter whether that obligation is secured or unsecured,
15except that if a filer makes a loan to members of his or her
16family, or a political committee registered with the Illinois
17State Board of Election, or a political committee, principal
18campaign committee, or authorized committee registered with
19the Federal Election Commission, then that filer does not, by
20making such a loan, become a creditor of that individual or
21entity for the purposes of Sections 4A-102 and 4A-103 of this
22Act.
 
23    (5 ILCS 420/1-104.4 new)
24    Sec. 1-104.4. Debt. "Debt" means, for the purposes of

 

 

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1Sections 4A-102 and 4A-103, any money or monetary obligation
2owed at any time during the preceding calendar year to an
3individual, company, or other organization, other than a loan
4that is from a financial institution, government agency, or
5business entity and that is granted on terms made available to
6the general public. For the purposes of Sections 4A-102 and
74A-103, "debt" includes, but is not limited to: personal loans
8from friends or business associates, business loans made
9outside the lender's regular course of business, and loans made
10at below market rates. For the purposes of Sections 4A-102 and
114A-103, "debt" does not include: (i) debts to or from financial
12institutions or government entities, such as mortgages,
13student loans, credit card debts, or loans secured by
14automobiles, household furniture, or appliances, as long as
15those loans were made on terms available to the general public
16and do not exceed the purchase price of the items securing
17them; or (ii) debts to or from a political committee registered
18with the Illinois State Board of Elections or political
19committees, principal campaign committees, or authorized
20committees registered with the Federal Election Commission.
 
21    (5 ILCS 420/1-104.5 new)
22    Sec. 1-104.5. Diversified funds. "Diversified funds" means
23investment products, such as mutual funds, exchange traded
24funds, or unit investment trusts, that invest in a wide variety
25of securities. "Diversified funds" does not include sector

 

 

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1funds.
 
2    (5 ILCS 420/1-105.2 new)
3    Sec. 1-105.2. Economic relationship. "Economic
4relationship" means, for the purposes of Sections 4A-102 and
54A-103, any joint or shared ownership interests in businesses
6and creditor-debtor relationships with third parties, other
7than commercial lending institutions, where: (a) the filer is
8entitled to receive (i) more than 7.5% of the total
9distributable income, or (ii) an amount in excess of the salary
10of the Governor; or (b) the filer together with his or her
11spouse or minor children is entitled to receive (i) more than
1215%, in the aggregate, of the total distributable income, or
13(ii) an amount in excess of 2 times the salary of the Governor.
 
14    (5 ILCS 420/1-105.3 new)
15    Sec. 1-105.3. Family. "Family" means, for the purposes of
16Sections 4A-102 and 4A-103, a filer's spouse, children,
17step-children, parents, step-parents, siblings, step-siblings,
18half-siblings, sons-in-law, daughters-in-law, grandfathers,
19grandmothers, grandsons, and granddaughters, as well as the
20father, mother, grandfather, and grandmother of the filer's
21spouse, and any person living with the filer.
 
22    (5 ILCS 420/1-105.5 new)
23    Sec. 1-105.5. Filer. "Filer" means, for the purposes of

 

 

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

 

 

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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 marriage,
2a party to a civil union, or a registered domestic partner.
 
3    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
4    Sec. 4A-102. The statement of economic interests required
5by this Article shall include the economic interests of the
6person making the statement as provided in this Section. The
7interest (if constructively controlled by the person making the
8statement) of a spouse or any other party, shall be considered
9to be the same as the interest of the person making the
10statement. Campaign receipts shall not be included in this
11statement. The following interests shall be listed by all
12persons required to file:
13        (1) each asset that has a value of more than $5,000 as
14    of the end of the preceding calendar year and is: (i) held
15    in the filer's name, (ii) held jointly by the filer with
16    his or her spouse, or (iii) held jointly by the filer with
17    his or her minor child or children;
18        (2) excluding the income from the position that
19    requires the filing of a statement of economic interests
20    under this Act, each source of income in excess of $1,200
21    during the preceding calendar year (as required to be
22    reported on the filer's federal income tax return covering
23    the preceding calendar year) and, if the sale or transfer
24    of an asset produced more than $5,000 in capital gains
25    during the preceding calendar year, the transaction date on

 

 

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1    which that asset was sold or transferred;
2        (3) each creditor of a debt in excess of $5,000 that,
3    during the preceding calendar year, was: (i) owed by the
4    filer, (ii) owed jointly by the filer with his or her
5    spouse or (iii) owed jointly by the filer with his or her
6    minor child or children;
7        (4) each debtor of a debt in excess of $5,000 that,
8    during the preceding calendar year, was: (i) owed to the
9    filer, (ii) owed jointly to the filer with his or her
10    spouse, or (iii) owed jointly to the filer with his or her
11    minor child or children;
12        (5) the name of each unit of government of which the
13    filer was an employee, contractor, or office holder during
14    the preceding calendar year other than the unit or units of
15    government in relation to which the person is required to
16    file and the title of the position or nature of the
17    contractual services;
18        (6) each person known to the filer to be registered as
19    a lobbyist with any unit of government in the State of
20    Illinois: (i) with whom the filer maintains an economic
21    relationship, or (ii) who is a member of the filer's
22    family; and
23        (7) each source and type of gift or gifts, or
24    honorarium or honoraria, valued singly or in the aggregate
25    in excess of $500 that was received during the preceding
26    calendar year, excluding any gift or gifts from a member of

 

 

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1    the filer's family that was not known to the filer to be
2    registered as a lobbyist with any unit of government in the
3    State of Illinois.
4    For the purposes of this Section, the unit of local
5government in relation to which a person is required to file
6under item (e) of Section 4A-101.5 shall be the unit of local
7government that contributes to the pension fund of which such
8person is a member of the board.
9The interest (if constructively controlled by the person making
10the statement) of a spouse or any other party, shall be
11considered to be the same as the interest of the person making
12the statement. Campaign receipts shall not be included in this
13statement.
14        (a) The following interests shall be listed by all
15    persons required to file:
16            (1) The name, address and type of practice of any
17        professional organization or individual professional
18        practice in which the person making the statement was
19        an officer, director, associate, partner or
20        proprietor, or served in any advisory capacity, from
21        which income in excess of $1200 was derived during the
22        preceding calendar year;
23            (2) The nature of professional services (other
24        than services rendered to the unit or units of
25        government in relation to which the person is required
26        to file) and the nature of the entity to which they

 

 

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1        were rendered if fees exceeding $5,000 were received
2        during the preceding calendar year from the entity for
3        professional services rendered by the person making
4        the statement.
5            (3) The identity (including the address or legal
6        description of real estate) of any capital asset from
7        which a capital gain of $5,000 or more was realized in
8        the preceding calendar year.
9            (4) The name of any unit of government which has
10        employed the person making the statement during the
11        preceding calendar year other than the unit or units of
12        government in relation to which the person is required
13        to file.
14            (5) The name of any entity from which a gift or
15        gifts, or honorarium or honoraria, valued singly or in
16        the aggregate in excess of $500, was received during
17        the preceding calendar year.
18        (b) The following interests shall also be listed by
19    persons listed in items (a) through (f), item (l), item
20    (n), and item (p) of Section 4A-101:
21            (1) The name and instrument of ownership in any
22        entity doing business in the State of Illinois, in
23        which an ownership interest held by the person at the
24        date of filing is in excess of $5,000 fair market value
25        or from which dividends of in excess of $1,200 were
26        derived during the preceding calendar year. (In the

 

 

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

 

 

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1        than $5,000 fair market value as of the date of filing
2        or if dividends in excess of $1,200 were received from
3        the entity during the preceding calendar year. (In the
4        case of real estate, location thereof shall be listed
5        by street address, or if none, then by legal
6        description). No time or demand deposit in a financial
7        institution, nor any debt instrument need be listed.
8            (2) Except for professional service entities, the
9        name of any entity and any position held therein from
10        which income in excess of $1,200 was derived during the
11        preceding calendar year if the entity does business
12        with a unit of local government in relation to which
13        the person is required to file. No time or demand
14        deposit in a financial institution, nor any debt
15        instrument need be listed.
16            (3) The name of any entity and the nature of the
17        governmental action requested by any entity which has
18        applied to a unit of local government in relation to
19        which the person must file for any license, franchise
20        or permit for annexation, zoning or rezoning of real
21        estate during the preceding calendar year if the
22        ownership interest of the person filing is in excess of
23        $5,000 fair market value at the time of filing or if
24        income or dividends in excess of $1,200 were received
25        by the person filing from the entity during the
26        preceding calendar year.

 

 

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1    For the purposes of this Section, the unit of local
2government in relation to which a person required to file under
3item (e) of Section 4A-101.5 shall be the unit of local
4government that contributes to the pension fund of which such
5person is a member of the board.
6(Source: P.A. 101-221, eff. 8-9-19.)
 
7    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
8    Sec. 4A-103. The statement of economic interests required
9by this Article to be filed with the Secretary of State or
10county clerk shall be filled in by typewriting or hand
11printing, shall be verified, dated, and signed by the person
12making the statement and shall contain substantially the
13following:
 
14
STATEMENT OF ECONOMIC INTERESTS

 
15INSTRUCTIONS:
16    You may find the following documents helpful to you in
17completing this form:
18        (1) federal income tax returns, including any related
19    schedules, attachments, and forms; and
20        (2) investment and brokerage statements.
21    To complete this form, you do not need to disclose specific
22amounts or values or report interests relating either to
23political committees registered with the Illinois State Board

 

 

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1of Elections or to political committees, principal campaign
2committees, or authorized committees registered with the
3Federal Election Commission.
4    The information you disclose will be available to the
5public.
6    You must answer all 6 questions. Certain questions will ask
7you to report any applicable assets or debts held in your name;
8held jointly with your spouse; or held jointly by you with your
9minor child. If you have any concerns about whether an interest
10should be reported, please consult your department's ethics
11officer, if applicable.
12    Please ensure that the information you provide is complete
13and accurate. If you need more space than the form allows,
14please attach additional pages for your response. If you are
15subject to the State Officials and Employees Ethics Act, your
16ethics officer must review your statement of economic interests
17before you file it. Failure to complete the statement in good
18faith and within the prescribed deadline may subject you to
19fines, imprisonment, or both.
 
20BASIC INFORMATION:
21Name: .......................................................
22Job title:...................................................
23Office, department, or agency that requires you to file this
24form:........................................................
25Other offices, departments, or agencies that require you to

 

 

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1file a Statement of Economic Interests form: ................
2Full mailing address: .......................................
3Preferred e-mail address (optional) .........................
 
4QUESTIONS:
5    1. If you have any single asset that was worth more than
6$5,000 as of the end of the preceding calendar year and is held
7in your name, held jointly by you with your spouse, or held
8jointly by you with your minor child, list such assets below.
9In the case of investment real estate, list the city and state
10where the investment real estate is located. If you do not have
11any such assets, list "none" below.
12.............................................................
13.............................................................
14.............................................................
15.............................................................
16.............................................................
17    2. Excluding the position for which you are required to
18file this form, list the source of any income in excess of
19$1,200 required to be reported during the preceding calendar
20year. If you sold an asset that produced more than $5,000 in
21capital gains in the preceding calendar year, list the name of
22the asset and the transaction date on which the sale or
23transfer took place. If you had no such sources of income or
24assets, list "none" below.
 

 

 

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

 

 

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1    4. Excluding debts owed to you by members of your family or
2by a political committee, if there is any entity or person who
3owed any debt to you in the preceding calendar year exceeding
4$5,000, list the debtor below. If no such debts were owed to
5you, list "none" below.
6    List the debtor for all applicable debts owed to you, owed
7jointly to you with your spouse, or owed jointly to you with
8your minor child. You do not need to report loans made to
9members of your family or to a political committee registered
10with the Illinois State Board of Elections or any political
11committee, principal campaign committee, or authorized
12committee registered with the Federal Election Commission.
13.............................................................
14.............................................................
15.............................................................
16    5. List the name of each unit of government of which the
17filer was an employee, contractor, or office holder during the
18preceding calendar year other than the unit or units of
19government in relation to which the person is required to file
20and the title of the position or nature of the contractual
21services.
 
22Name of Unit of GovernmentTitle or Nature of Services
23............................... ...............................
24............................... ...............................
25............................... ...............................

 

 

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1    6. If you maintain an economic relationship with a lobbyist
2or if a member of your family is known to you to be a lobbyist
3registered with any unit of government in the State of
4Illinois, list the name of the lobbyist below and identify the
5nature of your relationship with the lobbyist. If you do not
6have an economic relationship with a lobbyist or a family
7member known to you to be a lobbyist registered with any unit
8of government in the State of Illinois, list "none" below.
 
9Name of LobbyistRelationship to Filer
10............................... ...............................
11............................... ...............................
12............................... ...............................
13    7. List the name of each person, organization, or entity
14that was the source of a gift or gifts, or honorarium or
15honoraria, valued singly or in the aggregate in excess of $500
16received during the preceding calendar year, excluding any gift
17or gifts from a member of your family that was not known to be a
18lobbyist registered with any unit of government in the State of
19Illinois. If you had no such gifts, list "none" below.
20.............................................................
21.............................................................
22.............................................................
 
23VERIFICATION:
24    "I declare that this statement of economic interests

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1.............................................................
2.............................................................
3    8. List the name of any entity from which a gift or gifts,
4or honorarium or honoraria, valued singly or in the aggregate
5in excess of $500, was received during the preceding calendar
6year.
7.............................................................
8VERIFICATION:
9    "I declare that this statement of economic interests
10(including any accompanying schedules and statements) has been
11examined by me and to the best of my knowledge and belief is a
12true, correct and complete statement of my economic interests
13as required by the Illinois Governmental Ethics Act. I
14understand that the penalty for willfully filing a false or
15incomplete statement shall be a fine not to exceed $1,000 or
16imprisonment in a penal institution other than the penitentiary
17not to exceed one year, or both fine and imprisonment."
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 filing

 

 

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1of statements of economic interests in their offices. With
2respect to county clerk systems, the determination to institute
3such a system shall be in the sole discretion of the county
4clerk and shall meet the requirements set out in this Section.
5With respect to a Secretary of State system, the determination
6to institute such a system shall be in the sole discretion of
7the Secretary of State and shall meet the requirements set out
8in this Section and those Sections of the State Officials and
9Employees Ethics Act requiring ethics officer review prior to
10filing. The system shall be capable of allowing an ethics
11officer to approve a statement of economic interests and shall
12include a means to amend a statement of economic interests.
13When this Section does not modify or remove the requirements
14set forth elsewhere in this Article, those requirements shall
15apply to any system of Internet-based filing authorized by this
16Section. When this Section does modify or remove the
17requirements set forth elsewhere in this Article, the
18provisions of this Section shall apply to any system of
19Internet-based filing authorized by this Section.
20    (b) In any system of Internet-based filing of statements of
21economic interests instituted by the Secretary of State or a
22county clerk:
23        (1) Any filing of an Internet-based statement of
24    economic interests shall be the equivalent of the filing of
25    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 of
2    economic interests as required by Section 4A-103 4A-104.
3        (2) The Secretary of State and county clerks who
4    institute a system of Internet-based filing of statements
5    of economic interests shall establish a password-protected
6    website to receive the filings of such statements. A
7    website established under this Section shall set forth and
8    provide a means of responding to the items set forth in
9    Section 4A-103 4A-102 that are required of a person who
10    files a statement of economic interests with that officer.
11    A website established under this Section shall set forth
12    and provide a means of generating a printable receipt page
13    acknowledging filing.
14        (3) The times for the filing of statements of economic
15    interests set forth in Section 4A-105 shall be followed in
16    any system of Internet-based filing of statements of
17    economic interests; provided that a candidate for elective
18    office who is required to file a statement of economic
19    interests in relation to his or her candidacy pursuant to
20    Section 4A-105(a) shall receive a written or printed
21    receipt for his or her filing.
22        A candidate filing for Governor, Lieutenant Governor,
23    Attorney General, Secretary of State, Treasurer,
24    Comptroller, State Senate, or State House of
25    Representatives, Supreme Court Judge, appellate court
26    judge, circuit court judge, or judicial retention shall not

 

 

10100SB1639ham002- 26 -LRB101 11010 RJF 64765 a

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

 

 

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

 

 

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

 

 

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1    (25 ILCS 170/2)  (from Ch. 63, par. 172)
2    Sec. 2. Definitions. As used in this Act, unless the
3context otherwise requires:
4    (a) "Person" means any individual, firm, partnership,
5committee, association, corporation, or any other organization
6or group of persons.
7    (b) "Expenditure" means a payment, distribution, loan,
8advance, deposit, or gift of money or anything of value, and
9includes a contract, promise, or agreement, whether or not
10legally enforceable, to make an expenditure, for the ultimate
11purpose of influencing executive, legislative, or
12administrative action, other than compensation as defined in
13subsection (d).
14    (c) "Official" means:
15        (1) the Governor, Lieutenant Governor, Secretary of
16    State, Attorney General, State Treasurer, and State
17    Comptroller;
18        (2) Chiefs of Staff for officials described in item
19    (1);
20        (3) Cabinet members of any elected constitutional
21    officer, including Directors, Assistant Directors and
22    Chief Legal Counsel or General Counsel;
23        (4) Members of the General Assembly; and
24        (5) Members of any board, commission, authority, or
25    task force of the State authorized or created by State law
26    or by executive order of the Governor.

 

 

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1    (d) "Compensation" means any money, thing of value or
2financial benefits received or to be received in return for
3services rendered or to be rendered, for lobbying as defined in
4subsection (e).
5    Monies paid to members of the General Assembly by the State
6as remuneration for performance of their Constitutional and
7statutory duties as members of the General Assembly shall not
8constitute compensation as defined by this Act.
9    (e) "Lobby" and "lobbying" means any communication with an
10official of the executive or legislative branch of State
11government as defined in subsection (c) for the ultimate
12purpose of influencing any executive, legislative, or
13administrative action.
14    (f) "Influencing" means any communication, action,
15reportable expenditure as prescribed in Section 6 or other
16means used to promote, support, affect, modify, oppose or delay
17any executive, legislative or administrative action or to
18promote goodwill with officials as defined in subsection (c).
19    (g) "Executive action" means the proposal, drafting,
20development, consideration, amendment, adoption, approval,
21promulgation, issuance, modification, rejection or
22postponement by a State entity of a rule, regulation, order,
23decision, determination, contractual arrangement, purchasing
24agreement or other quasi-legislative or quasi-judicial action
25or proceeding.
26    (h) "Legislative action" means the development, drafting,

 

 

10100SB1639ham002- 31 -LRB101 11010 RJF 64765 a

1introduction, consideration, modification, adoption,
2rejection, review, enactment, or passage or defeat of any bill,
3amendment, resolution, report, nomination, administrative rule
4or other matter by either house of the General Assembly or a
5committee thereof, or by a legislator. Legislative action also
6means the action of the Governor in approving or vetoing any
7bill or portion thereof, and the action of the Governor or any
8agency in the development of a proposal for introduction in the
9legislature.
10    (i) "Administrative action" means the execution or
11rejection of any rule, regulation, legislative rule, standard,
12fee, rate, contractual arrangement, purchasing agreement or
13other delegated legislative or quasi-legislative action to be
14taken or withheld by any executive agency, department, board or
15commission of the State.
16    (j) "Lobbyist" means any natural person who undertakes to
17lobby State government as provided in subsection (e).
18    (k) "Lobbying entity" means any entity that hires, retains,
19employs, or compensates a natural person to lobby State
20government as provided in subsection (e).
21    (l) "Authorized agent" means the person designated by an
22entity or lobbyist registered under this Act as the person
23responsible for submission and retention of reports required
24under this Act.
25    (m) "Client" means any person or entity that provides
26compensation to a lobbyist to lobby State government as

 

 

10100SB1639ham002- 32 -LRB101 11010 RJF 64765 a

1provided in subsection (e) of this Section.
2    (n) "Client registrant" means a client who is required to
3register under this Act.
4    (o) "Unit of local government" has the meaning ascribed to
5it in Section 1 of Article VII of the Illinois Constitution and
6also includes school districts and community college
7districts.
8(Source: P.A. 98-459, eff. 1-1-14.)
 
9    (25 ILCS 170/5)
10    Sec. 5. Lobbyist registration and disclosure. Every
11natural person and every entity required to register under this
12Act shall before any service is performed which requires the
13natural person or entity to register, but in any event not
14later than 2 business days after being employed or retained,
15file in the Office of the Secretary of State a statement in a
16format prescribed by the Secretary of State containing the
17following information with respect to each person or entity
18employing, retaining, or benefitting from the services of the
19natural person or entity required to register:
20        (a) The registrant's name, permanent address, e-mail
21    address, if any, fax number, if any, business telephone
22    number, and temporary address, if the registrant has a
23    temporary address while lobbying.
24        (a-5) If the registrant is an entity, the information
25    required under subsection (a) for each natural person

 

 

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1    associated with the registrant who will be lobbying,
2    regardless of whether lobbying is a significant part of his
3    or her duties.
4        (b) The name and address of the client or clients
5    employing or retaining the registrant to perform such
6    services or on whose behalf the registrant appears. If the
7    client employing or retaining the registrant is a client
8    registrant, the statement shall also include the name and
9    address of the client or clients of the client registrant
10    on whose behalf the registrant will be or anticipates
11    performing services.
12        (b-5) If the registrant employs or retains a
13    sub-registrant, the statement shall include the name and
14    address of the sub-registrant and identify the client or
15    clients of the registrant on whose behalf the
16    sub-registrant will be or is anticipated to be performing
17    services.
18        (c) A brief description of the executive, legislative,
19    or administrative action in reference to which such service
20    is to be rendered.
21        (c-5) Each executive and legislative branch agency the
22    registrant expects to lobby during the registration
23    period.
24        (c-6) The nature of the client's business, by
25    indicating all of the following categories that apply: (1)
26    banking and financial services, (2) manufacturing, (3)

 

 

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1    education, (4) environment, (5) healthcare, (6) insurance,
2    (7) community interests, (8) labor, (9) public relations or
3    advertising, (10) marketing or sales, (11) hospitality,
4    (12) engineering, (13) information or technology products
5    or services, (14) social services, (15) public utilities,
6    (16) racing or wagering, (17) real estate or construction,
7    (18) telecommunications, (19) trade or professional
8    association, (20) travel or tourism, (21) transportation,
9    (22) agriculture, and (23) other (setting forth the nature
10    of that other business).
11        (d) A confirmation that the registrant has a sexual
12    harassment policy as required by Section 4.7, that such
13    policy shall be made available to any individual within 2
14    business days upon written request (including electronic
15    requests), that any person may contact the authorized agent
16    of the registrant to report allegations of sexual
17    harassment, and that the registrant recognizes the
18    Inspector General has jurisdiction to review any
19    allegations of sexual harassment alleged against the
20    registrant or lobbyists hired by the registrant.
21        (e) Each unit of local government in this State for
22    which the registrant is or expects to be required to
23    register to lobby the local government during the
24    registration period. "Lobby" shall have the meaning
25    ascribed to it by the relevant unit of local government.
26        (f) Each elected or appointed public office in this

 

 

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1    State to be held by the registrant at any time during the
2    registration period.
3    Every natural person and every entity required to register
4under this Act shall annually submit the registration required
5by this Section on or before each January 31. The registrant
6has a continuing duty to report any substantial change or
7addition to the information contained in the registration.
8Registrants registered as of the effective date of this
9amendatory Act of the 101st General Assembly shall update their
10registration to add the information required under subsections
11(b-5), (e), and (f), if applicable, within 30 days after the
12effective date of this amendatory Act of the 101st General
13Assembly.
14    The Secretary of State shall make all filed statements and
15amendments to statements publicly available by means of a
16searchable database that is accessible through the World Wide
17Web. The Secretary of State shall provide all software
18necessary to comply with this provision to all natural persons
19and entities required to file. The Secretary of State shall
20implement a plan to provide computer access and assistance to
21natural persons and entities required to file electronically.
22    All natural persons and entities required to register under
23this Act shall remit a single, annual, and nonrefundable $300
24registration fee. Each natural person required to register
25under this Act shall submit, on an annual basis, a picture of
26the registrant. A registrant may, in lieu of submitting a

 

 

10100SB1639ham002- 36 -LRB101 11010 RJF 64765 a

1picture on an annual basis, authorize the Secretary of State to
2use any photo identification available in any database
3maintained by the Secretary of State for other purposes. Each
4registration fee collected for registrations on or after
5January 1, 2010 shall be deposited into the Lobbyist
6Registration Administration Fund for administration and
7enforcement of this Act.
8(Source: P.A. 100-554, eff. 11-16-17.)
 
9    (25 ILCS 170/7)  (from Ch. 63, par. 177)
10    Sec. 7. Duties of the Secretary of State.
11    (a) It shall be the duty of the Secretary of State to
12provide appropriate forms for the registration and reporting of
13information required by this Act and to keep such registrations
14and reports on file in his office for 3 years from the date of
15filing. He shall also provide and maintain a register with
16appropriate blanks and indexes so that the information required
17in Sections 5 and 6 of this Act may be accordingly entered.
18Such records shall be considered public information and open to
19public inspection.
20    (b) Within 5 business days after a filing deadline, the
21Secretary of State shall notify persons he determines are
22required to file but have failed to do so.
23    (c) The Secretary of State shall provide adequate software
24to the persons required to file under this Act, and all
25registrations, reports, statements, and amendments required to

 

 

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1be filed shall be filed electronically. The Secretary of State
2shall promptly make all filed reports publicly available by
3means of a searchable database that is accessible through the
4World Wide Web. The Secretary of State shall provide all
5software necessary to comply with this provision to all persons
6required to file. The Secretary of State shall implement a plan
7to provide computer access and assistance to persons required
8to file electronically.
9    (d) The Secretary of State shall include registrants'
10pictures when publishing or posting on his or her website the
11information required in Section 5.
12    (d-5) Within 90 days after the effective date of this
13amendatory Act of the 101st General Assembly, the Secretary of
14State shall create a publicly accessible and searchable
15database bringing together disclosures by registered lobbyists
16under this Act, contributions by registered lobbyists required
17to be disclosed under the Election Code, and statements of
18economic interests required to be filed by State officials and
19employees under the Illinois Governmental Ethics Act.
20    (e) The Secretary of State shall receive and investigate
21allegations of violations of this Act. Any employee of the
22Secretary of State who receives an allegation shall immediately
23transmit it to the Secretary of State Inspector General.
24(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
25    Section 98. Applicability. The provisions of this

 

 

10100SB1639ham002- 38 -LRB101 11010 RJF 64765 a

1amendatory Act of the 101st General Assembly concerning
2statements of economic interests shall apply to statements of
3economic interests filed in 2020 and for each year thereafter.
4Any statement of economic interests filed prior to 2020 shall
5apply the law in effect before the effective date of this
6amendatory Act of the 101st General Assembly.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law, except that Sections 5 and 10 take effect January
91, 2020.".