101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3318

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/1-102.5 new
5 ILCS 420/1-104.3 new
5 ILCS 420/1-104.4 new
5 ILCS 420/1-104.5 new
5 ILCS 420/1-105.2 new
5 ILCS 420/1-105.3 new
5 ILCS 420/1-105.5 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 the Secretary of State to adjust specified amounts that prompt disclosure under the Act for purposes of inflation, and requires the Secretary to make conforming changes to the statement of economic interest form. 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 20232 RJF 69772 b

 

 

A BILL FOR

 

SB3318LRB101 20232 RJF 69772 b

1    AN ACT concerning ethics.
 
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, Forms 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.

 

 

SB3318- 7 -LRB101 20232 RJF 69772 b

1    (a) The interest (if constructively controlled by the
2person making the statement) of a spouse or any other party,
3shall be considered to be the same as the interest of the
4person making the statement. Campaign receipts shall not be
5included in this statement. The following interests shall be
6listed by all persons 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

 

 

SB3318- 9 -LRB101 20232 RJF 69772 b

1person is a member of the board.
2    (b) Beginning December 1, 2025, and for every 5 years
3thereafter, the Secretary of State shall adjust the amounts
4specified under this Section that prompt disclosure under this
5Act for purposes of inflation as determined by the Consumer
6Price Index for All Urban Consumers as issued by the United
7States Department of Labor and rounded to the nearest $100. The
8Secretary shall publish this information on the official
9website of the Secretary of State, and make changes to the
10statement of economic interest form to be completed for the
11following year.
12The interest (if constructively controlled by the person making
13the statement) of a spouse or any other party, shall be
14considered to be the same as the interest of the person making
15the statement. Campaign receipts shall not be included in this
16statement.
17        (a) The following interests shall be listed by all
18    persons required to file:
19            (1) The name, address and type of practice of any
20        professional organization or individual professional
21        practice in which the person making the statement was
22        an officer, director, associate, partner or
23        proprietor, or served in any advisory capacity, from
24        which income in excess of $1200 was derived during the
25        preceding calendar year;
26            (2) The nature of professional services (other

 

 

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

 

 

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1        date of filing is in excess of $5,000 fair market value
2        or from which dividends of in excess of $1,200 were
3        derived 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 of in excess of $1,200 was derived during
11        the preceding calendar year, if the entity does
12        business in the State of Illinois. No time or demand
13        deposit in a financial institution, nor any debt
14        instrument need be listed.
15            (3) The identity of any compensated lobbyist with
16        whom the person making the statement maintains a close
17        economic association, including the name of the
18        lobbyist and specifying the legislative matter or
19        matters which are the object of the lobbying activity,
20        and describing the general type of economic activity of
21        the client or principal on whose behalf that person is
22        lobbying.
23        (c) The following interests shall also be listed by
24    persons listed in items (a) through (c) and item (e) of
25    Section 4A-101.5:
26            (1) The name and instrument of ownership in any

 

 

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

 

 

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1        income or dividends in excess of $1,200 were received
2        by the person filing from the entity during the
3        preceding calendar year.
4    For the purposes of this Section, the unit of local
5government in relation to which a person required to file under
6item (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.
9(Source: P.A. 101-221, eff. 8-9-19.)
 
10    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
11    Sec. 4A-103. The statement of economic interests required
12by this Article to be filed with the Secretary of State or
13county clerk shall be filled in by typewriting or hand
14printing, shall be verified, dated, and signed by the person
15making the statement and shall contain substantially the
16following:
 
17
STATEMENT OF ECONOMIC INTERESTS

 
18INSTRUCTIONS:
19    You may find the following documents helpful to you in
20completing this form:
21        (1) federal income tax returns, including any related
22    schedules, attachments, and forms; and
23        (2) investment and brokerage statements.

 

 

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1    To complete this form, you do not need to disclose specific
2amounts or values or report interests relating either to
3political committees registered with the Illinois State Board
4of Elections or to political committees, principal campaign
5committees, or authorized committees registered with the
6Federal Election Commission.
7    The information you disclose will be available to the
8public.
9    You must answer all 6 questions. Certain questions will ask
10you to report any applicable assets or debts held in your name;
11held jointly with your spouse; or held jointly by you with your
12minor child. If you have any concerns about whether an interest
13should be reported, please consult your department's ethics
14officer, if applicable.
15    Please ensure that the information you provide is complete
16and accurate. If you need more space than the form allows,
17please attach additional pages for your response. If you are
18subject to the State Officials and Employees Ethics Act, your
19ethics officer must review your statement of economic interests
20before you file it. Failure to complete the statement in good
21faith and within the prescribed deadline may subject you to
22fines, imprisonment, or both.
 
23BASIC INFORMATION:
24Name: .......................................................
25Job title:...................................................

 

 

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1Office, department, or agency that requires you to file this
2form:........................................................
3Other offices, departments, or agencies that require you to
4file a Statement of Economic Interests form: ................
5Full mailing address: .......................................
6Preferred e-mail address (optional) .........................
 
7QUESTIONS:
8    1. If you have any single asset that was worth more than
9$5,000 as of the end of the preceding calendar year and is held
10in your name, held jointly by you with your spouse, or held
11jointly by you with your minor child, list such assets below.
12In the case of investment real estate, list the city and state
13where the investment real estate is located. If you do not have
14any such assets, list "none" below.
15.............................................................
16.............................................................
17.............................................................
18.............................................................
19.............................................................
20    2. Excluding the position for which you are required to
21file this form, list the source of any income in excess of
22$1,200 required to be reported during the preceding calendar
23year. If you sold an asset that produced more than $5,000 in
24capital gains in the preceding calendar year, list the name of
25the asset and the transaction date on which the sale or

 

 

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

 

 

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

 

 

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1............................... ...............................
2............................... ...............................
3............................... ...............................
4    6. If you maintain an economic relationship with a lobbyist
5or if a member of your family is known to you to be a lobbyist
6registered with any unit of government in the State of
7Illinois, list the name of the lobbyist below and identify the
8nature of your relationship with the lobbyist. If you do not
9have an economic relationship with a lobbyist or a family
10member known to you to be a lobbyist registered with any unit
11of government in the State of Illinois, list "none" below.
 
12Name of LobbyistRelationship to Filer
13............................... ...............................
14............................... ...............................
15............................... ...............................
16    7. List the name of each person, organization, or entity
17that was the source of a gift or gifts, or honorarium or
18honoraria, valued singly or in the aggregate in excess of $500
19received during the preceding calendar year, excluding any gift
20or gifts from a member of your family that was not known to be a
21lobbyist registered with any unit of government in the State of
22Illinois. If you had no such gifts, list "none" below.
23.............................................................
24.............................................................
25.............................................................
 

 

 

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

 

 

SB3318- 20 -LRB101 20232 RJF 69772 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    economic interests shall be the equivalent of the filing of
2    a verified, written statement of economic interests as
3    required by Section 4A-101 or 4A-101.5 and the equivalent
4    of the filing of a verified, dated, and signed statement of
5    economic interests as required by Section 4A-103 4A-104.
6        (2) The Secretary of State and county clerks who
7    institute a system of Internet-based filing of statements
8    of economic interests shall establish a password-protected
9    website to receive the filings of such statements. A
10    website established under this Section shall set forth and
11    provide a means of responding to the items set forth in
12    Section 4A-103 4A-102 that are required of a person who
13    files a statement of economic interests with that officer.
14    A website established under this Section shall set forth
15    and provide a means of generating a printable receipt page
16    acknowledging filing.
17        (3) The times for the filing of statements of economic
18    interests set forth in Section 4A-105 shall be followed in
19    any system of Internet-based filing of statements of
20    economic interests; provided that a candidate for elective
21    office who is required to file a statement of economic
22    interests in relation to his or her candidacy pursuant to
23    Section 4A-105(a) shall receive a written or printed
24    receipt for his or her filing.
25        A candidate filing for Governor, Lieutenant Governor,
26    Attorney General, Secretary of State, Treasurer,

 

 

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

 

 

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

 

 

SB3318- 28 -LRB101 20232 RJF 69772 b

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

 

 

SB3318- 29 -LRB101 20232 RJF 69772 b

1    Section 98. Applicability. The provisions of this
2amendatory Act of the 101st General Assembly concerning
3statements of economic interests shall apply to statements of
4economic interests filed in 2021 and for each year thereafter.
5Any statement of economic interests filed prior to 2021 shall
6apply the law in effect before the effective date of this
7amendatory Act of the 101st General Assembly.