101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3899

 

Introduced 2/20/2020, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-102  from Ch. 127, par. 604A-102
5 ILCS 420/4A-102.5 new
5 ILCS 420/4A-103  from Ch. 127, par. 604A-103
5 ILCS 420/4A-103.5 new
5 ILCS 420/4A-108

    Amends the Illinois Governmental Ethics Act. Provides revised disclosure of economic interest requirements for members of the General Assembly, candidates for nomination or election to the General Assembly, persons holding an elected office in the Executive Branch, and candidates for nomination or election to the Executive Branch. Makes conforming changes. Provides an applicability clause. Effective January 1, 2021.


LRB101 20312 RJF 69855 b

 

 

A BILL FOR

 

SB3899LRB101 20312 RJF 69855 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 4A-102, 4A-103, and 4A-108 and by adding
6Sections 4A-102.5 and 4A-103.5 as follows:
 
7    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
8    Sec. 4A-102. The statement of economic interests required
9by this Article shall include the economic interests of the
10person making the statement as provided in this Section. The
11interest (if constructively controlled by the person making the
12statement) of a spouse or any other party, shall be considered
13to be the same as the interest of the person making the
14statement. Campaign receipts shall not be included in this
15statement.
16        (a) Except as otherwise provided in this subsection,
17    the The following interests shall be listed by all persons
18    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

 

 

SB3899- 2 -LRB101 20312 RJF 69855 b

1        which income in excess of $1200 was derived during the
2        preceding calendar year;
3            (2) The nature of professional services (other
4        than services rendered to the unit or units of
5        government in relation to which the person is required
6        to file) and the nature of the entity to which they
7        were rendered if fees exceeding $5,000 were received
8        during the preceding calendar year from the entity for
9        professional services rendered by the person making
10        the statement.
11            (3) The identity (including the address or legal
12        description of real estate) of any capital asset from
13        which a capital gain of $5,000 or more was realized in
14        the preceding calendar year.
15            (4) The name of any unit of government which has
16        employed the person making the statement during the
17        preceding calendar year other than the unit or units of
18        government in relation to which the person is required
19        to file.
20            (5) The name of any entity from which a gift or
21        gifts, or honorarium or honoraria, valued singly or in
22        the aggregate in excess of $500, was received during
23        the preceding calendar year.
24        For statements filed in 2022 and after, instead of the
25    interests listed in this subsection, members of the General
26    Assembly, candidates for nomination or election to the

 

 

SB3899- 3 -LRB101 20312 RJF 69855 b

1    General Assembly, persons holding an elected office in the
2    Executive Branch, and candidates for nomination or
3    election to the Executive Branch shall list the interests
4    provided under Section 4A-102.5.
5        (b) Except as otherwise provided in this subsection,
6    the The following interests shall also be listed by persons
7    listed in items (a) through (f), item (l), item (n), and
8    item (p) of Section 4A-101:
9            (1) The name and instrument of ownership in any
10        entity doing business in the State of Illinois, in
11        which an ownership interest held by the person at the
12        date of filing is in excess of $5,000 fair market value
13        or from which dividends of in excess of $1,200 were
14        derived during the preceding calendar year. (In the
15        case of real estate, location thereof shall be listed
16        by street address, or if none, then by legal
17        description). No time or demand deposit in a financial
18        institution, nor any debt instrument need be listed;
19            (2) Except for professional service entities, the
20        name of any entity and any position held therein from
21        which income of in excess of $1,200 was derived during
22        the preceding calendar year, if the entity does
23        business in the State of Illinois. No time or demand
24        deposit in a financial institution, nor any debt
25        instrument need be listed.
26            (3) The identity of any compensated lobbyist with

 

 

SB3899- 4 -LRB101 20312 RJF 69855 b

1        whom the person making the statement maintains a close
2        economic association, including the name of the
3        lobbyist and specifying the legislative matter or
4        matters which are the object of the lobbying activity,
5        and describing the general type of economic activity of
6        the client or principal on whose behalf that person is
7        lobbying.
8        For statements filed in 2022 and after, instead of the
9    interests listed in this subsection, persons listed in
10    items (a) and (b) of Section 4A-101 shall list the
11    interests provided under Section 4A-102.5.
12        (c) The following interests shall also be listed by
13    persons listed in items (a) through (c) and item (e) of
14    Section 4A-101.5:
15            (1) The name and instrument of ownership in any
16        entity doing business with a unit of local government
17        in relation to which the person is required to file if
18        the ownership interest of the person filing is greater
19        than $5,000 fair market value as of the date of filing
20        or if dividends in excess of $1,200 were received from
21        the entity during the preceding calendar year. (In the
22        case of real estate, location thereof shall be listed
23        by street address, or if none, then by legal
24        description). No time or demand deposit in a financial
25        institution, nor any debt instrument need be listed.
26            (2) Except for professional service entities, the

 

 

SB3899- 5 -LRB101 20312 RJF 69855 b

1        name of any entity and any position held therein from
2        which income in excess of $1,200 was derived during the
3        preceding calendar year if the entity does business
4        with a unit of local government in relation to which
5        the person is required to file. No time or demand
6        deposit in a financial institution, nor any debt
7        instrument need be listed.
8            (3) The name of any entity and the nature of the
9        governmental action requested by any entity which has
10        applied to a unit of local government in relation to
11        which the person must file for any license, franchise
12        or permit for annexation, zoning or rezoning of real
13        estate during the preceding calendar year if the
14        ownership interest of the person filing is in excess of
15        $5,000 fair market value at the time of filing or if
16        income or dividends in excess of $1,200 were received
17        by the person filing from the entity during the
18        preceding calendar year.
19    For the purposes of this Section, the unit of local
20government in relation to which a person required to file under
21item (e) of Section 4A-101.5 shall be the unit of local
22government that contributes to the pension fund of which such
23person is a member of the board.
24(Source: P.A. 101-221, eff. 8-9-19.)
 
25    (5 ILCS 420/4A-102.5 new)

 

 

SB3899- 6 -LRB101 20312 RJF 69855 b

1    Sec. 4A-102.5. General Assembly and Executive Branch
2statements of economic interests. The economic interests
3required by this Article to be listed by persons specified in
4items (a) and (b) of Section 4A-101 shall be listed as provided
5in this Section. The interest (if constructively controlled by
6the person making the statement) of a spouse or any other
7party, shall be considered to be the same as the interest of
8the person making the statement. Campaign receipts shall not be
9included in this statement.
10    (a) Each statement of economic interests filed under this
11Section shall include a full and complete statement with
12respect to the following:
13        (1) The source, type, and amount or value of income
14    from any source (other than from current employment by the
15    State of Illinois), and the source, date, and amount of
16    honoraria from any source, received during the preceding
17    calendar year, aggregating $200 or more in value and the
18    source, date, and amount of payments made to charitable
19    organizations in lieu of honoraria, and the person making
20    the statement shall simultaneously file with the
21    applicable ethics officer, on a confidential basis, a
22    corresponding list of recipients of all such payments,
23    together with the dates and amounts of such payments.
24        (2) The source and type of income which consists of
25    dividends, rents, interest, and capital gains, received
26    during the preceding calendar year which exceed $200 in

 

 

SB3899- 7 -LRB101 20312 RJF 69855 b

1    amount or value, and an indication of which of the
2    following categories the amount or value of such item of
3    income is within:
4            (A) not more than $1,000;
5            (B) greater than $1,000 but not more than $2,500;
6            (C) greater than $2,500 but not more than $5,000;
7            (D) greater than $5,000 but not more than $15,000;
8            (E) greater than $15,000 but not more than $50,000;
9            (F) greater than $50,000 but not more than
10        $100,000;
11            (G) greater than $100,000 but not more than
12        $1,000,000;
13            (H) greater than $1,000,000 but not more than
14        $5,000,000; or
15            (I) greater than $5,000,000.
16        (3) The identity of the source, a brief description,
17    and the value of all gifts aggregating more than $250,
18    received from any source other than a relative of the
19    person making the statement during the preceding calendar
20    year, except that any food, lodging, or entertainment
21    received as personal hospitality of an individual need not
22    be disclosed, and any gift with a fair market value of $100
23    or less need not be aggregated for purposes of this
24    paragraph (3).
25        (4) The identity of the source and a brief description,
26    including a travel itinerary, dates, and nature of expenses

 

 

SB3899- 8 -LRB101 20312 RJF 69855 b

1    provided, of reimbursements received from any source
2    aggregating more than $250 and received during the
3    preceding calendar year.
4        (5) The identity and category of value of any interest
5    in property held during the preceding calendar year in a
6    trade or business, or for investment or the production of
7    income, which has a fair market value which exceeds $1,000
8    as of the close of the preceding calendar year, excluding
9    any personal liability owed to the person making the
10    statement by a spouse or by a parent, brother, sister, or
11    child of the person making the statement or of his or her
12    spouse, or any deposits aggregating $5,000 or less in a
13    personal savings account.
14        For the purposes of disclosures made under this
15    paragraph (5), the categories of value are as follows:
16            (A) not more than $15,000;
17            (B) greater than $15,000 but not more than $50,000;
18            (C) greater than $50,000 but not more than
19        $100,000;
20            (D) greater than $100,000 but not more than
21        $250,000;
22            (E) greater than $250,000 but not more than
23        $500,000;
24            (F) greater than $500,000 but not more than
25        $1,000,000;
26            (G) greater than $1,000,000 but not more than

 

 

SB3899- 9 -LRB101 20312 RJF 69855 b

1        $5,000,000;
2            (H) greater than $5,000,000 but not more than
3        $25,000,000;
4            (I) greater than $25,000,000 but not more than
5        $50,000,000; and
6            (J) greater than $50,000,000.
7        For purposes of this paragraph (5), a personal savings
8    account shall include any certificate of deposit or any
9    other form of deposit in a bank, savings and loan
10    association, credit union, or similar financial
11    institution.
12        (6) The identity and category of value of the total
13    liabilities owed to any creditor other than a spouse or a
14    parent, brother, sister, or child of the person making the
15    statement or of his or her spouse which exceed $10,000 at
16    any time during the preceding calendar year. With respect
17    to revolving charge accounts, only those with an
18    outstanding liability which exceeds $10,000 as of the close
19    of the preceding calendar year need be disclosed under this
20    paragraph (6).
21        For the purposes of disclosures made under this
22    paragraph (6), the categories of value are as follows:
23            (A) not more than $15,000;
24            (B) greater than $15,000 but not more than $50,000;
25            (C) greater than $50,000 but not more than
26        $100,000;

 

 

SB3899- 10 -LRB101 20312 RJF 69855 b

1            (D) greater than $100,000 but not more than
2        $250,000;
3            (E) greater than $250,000 but not more than
4        $500,000;
5            (F) greater than $500,000 but not more than
6        $1,000,000;
7            (G) greater than $1,000,000 but not more than
8        $5,000,000;
9            (H) greater than $5,000,000 but not more than
10        $25,000,000;
11            (I) greater than $25,000,000 but not more than
12        $50,000,000; and
13            (J) greater than $50,000,000.
14        (7) A brief description, the date, and category of
15    value of any purchase, sale, or exchange during the
16    preceding calendar year which exceeds $1,000: in real
17    property, other than property used solely as a personal
18    residence of the person making the statement or his or her
19    spouse; or in stocks, bonds, commodities futures, and other
20    forms of securities. Disclosure is not required under this
21    paragraph (7) of any transaction solely by and between the
22    person making the statement, his or her spouse, or
23    dependent children.
24        For the purposes of disclosures made under this
25    paragraph (7), the categories of value are as follows:
26            (A) not more than $15,000;

 

 

SB3899- 11 -LRB101 20312 RJF 69855 b

1            (B) greater than $15,000 but not more than $50,000;
2            (C) greater than $50,000 but not more than
3        $100,000;
4            (D) greater than $100,000 but not more than
5        $250,000;
6            (E) greater than $250,000 but not more than
7        $500,000;
8            (F) greater than $500,000 but not more than
9        $1,000,000;
10            (G) greater than $1,000,000 but not more than
11        $5,000,000;
12            (H) greater than $5,000,000 but not more than
13        $25,000,000;
14            (I) greater than $25,000,000 but not more than
15        $50,000,000; and
16            (J) greater than $50,000,000.
17        (8) The identity of all positions held on or before the
18    date of filing during the current calendar year (and, for
19    the first statement of economic interests filed by an
20    individual, during the 2-year period preceding such
21    calendar year) as an officer, director, trustee, partner,
22    proprietor, representative, employee, or consultant of any
23    corporation, company, firm, partnership, or other business
24    enterprise, any nonprofit organization, any labor
25    organization, or any educational or other institution
26    other than the State of Illinois. This paragraph (8) shall

 

 

SB3899- 12 -LRB101 20312 RJF 69855 b

1    not require the disclosure of positions held in any
2    religious, social, fraternal, or political entity and
3    positions solely of an honorary nature.
4        If any person, other than the State of Illinois, paid a
5    nonelected person making the statement compensation in
6    excess of $5,000 in any of the 2 calendar years prior to
7    the calendar year during which the individual files his or
8    her first statement of economic interests under this
9    Section, the individual shall include in the statement: (A)
10    the identity of each source of such compensation; and (B) a
11    brief description of the nature of the duties performed or
12    services rendered by the person making the statement for
13    each such source.
14        This paragraph (8) shall not require any individual to
15    include in the statement any information which is
16    considered confidential as a result of a privileged
17    relationship, established by law, between such individual
18    and any person nor shall it require an individual to
19    disclose any information with respect to any person for
20    whom services were provided by any firm or association of
21    which such individual was a member, partner, or employee
22    unless such individual was directly involved in the
23    provision of such services.
24        (9) A description of the date, parties to, and terms of
25    any agreement or arrangement with respect to: (A) future
26    employment; (B) a leave of absence during the period of

 

 

SB3899- 13 -LRB101 20312 RJF 69855 b

1    employment with the State of Illinois of the person making
2    the statement; (C) continuation of payments by a former
3    employer other than the State of Illinois; and (D)
4    continuing participation in an employee welfare or benefit
5    plan maintained by a former employer.
6        (10) The category of the total cash value of any
7    interest of the person making the statement in a qualified
8    blind trust. For the purposes of disclosures made under
9    this paragraph (10), the categories of value are as
10    follows:
11            (A) not more than $15,000;
12            (B) greater than $15,000 but not more than $50,000;
13            (C) greater than $50,000 but not more than
14        $100,000;
15            (D) greater than $100,000 but not more than
16        $250,000;
17            (E) greater than $250,000 but not more than
18        $500,000;
19            (F) greater than $500,000 but not more than
20        $1,000,000;
21            (G) greater than $1,000,000 but not more than
22        $5,000,000;
23            (H) greater than $5,000,000 but not more than
24        $25,000,000;
25            (I) greater than $25,000,000 but not more than
26        $50,000,000; and

 

 

SB3899- 14 -LRB101 20312 RJF 69855 b

1            (J) greater than $50,000,000.
2    (b) Each statement of economic interests required to be
3filed under this Section shall also contain the following
4information regarding the spouse or dependent child of the
5person making the statement:
6        (1) The source of items of earned income earned by a
7    spouse from any person which exceed $1,000 and the source
8    and amount of any honoraria received by a spouse, except
9    that, with respect to earned income (other than honoraria),
10    if the spouse is self-employed in business or a profession,
11    only the nature of such business or profession need be
12    reported.
13        (2) All information required to be disclosed under
14    paragraph (2) of subsection (a) with respect to income
15    derived by a spouse or dependent child, and all information
16    concerning assets held by the spouse or dependent child and
17    disclosed under paragraph (5) of subsection (a).
18        (3) In the case of any gifts received by a spouse or
19    dependent child which are not received totally independent
20    of the relationship of the spouse or dependent child to the
21    person making the statement, the identity of the source and
22    a brief description of gifts of transportation, lodging,
23    food, or entertainment and a brief description and the
24    value of other gifts.
25        (4) In the case of any reimbursements received by a
26    spouse or dependent child which are not received totally

 

 

SB3899- 15 -LRB101 20312 RJF 69855 b

1    independent of the relationship of the spouse or dependent
2    child to the person making the statement, the identity of
3    the source and a brief description of each such
4    reimbursement.
5        (5) In the case of items described in paragraphs (5)
6    through (7) of subsection (a), all information required to
7    be reported under those paragraphs other than items: (A)
8    which the person making the statement certifies represent
9    the spouse's or dependent child's sole financial interest
10    or responsibility and which the person making the statement
11    has no knowledge of; (B) which are not in any way, past or
12    present, derived from the income, assets, or activities of
13    the person making the statement; and (C) from which the
14    person making the statement neither derives, nor expects to
15    derive, any financial or economic benefit.
16        (6) For purposes of this Section, categories with
17    amounts or values greater than $1,000,000 set forth in
18    subsection (a) shall apply to the income, assets, or
19    liabilities of spouses and dependent children only if the
20    income, assets, or liabilities are held jointly with the
21    person making the statement. All other income, assets, or
22    liabilities of the spouse or dependent children required to
23    be reported under this Section in an amount or value
24    greater than $1,000,000 shall be categorized only as an
25    amount or value greater than $1,000,000.
26    (c) Each person making the statement shall disclose the

 

 

SB3899- 16 -LRB101 20312 RJF 69855 b

1information required under subsection (a) with respect to the
2holdings of and the income from a trust or other financial
3arrangement from which income is received by, or with respect
4to which a beneficial interest in principal or income is held
5by, such individual, his or her spouse, or any dependent child.
6    The person making the statement need not disclose the
7holdings of or the source of income from any of the holdings
8of: (1) a qualified blind trust; (2) a trust which was not
9created directly by the individual, his or her spouse, or any
10dependent child, and the holdings or sources of income of which
11such individual, his or her spouse, and any dependent child
12have no knowledge of; or (3) a widely held investment fund if
13the fund is publicly traded, or if the assets of the fund are
14widely diversified and the person making the statement neither
15exercises control over nor has the ability to exercise control
16over the financial interests held by the fund.
 
17    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
18    Sec. 4A-103. Except as otherwise provided in Section
194A-103.5, the The statement of economic interests required by
20this Article to be filed with the Secretary of State shall be
21filled in by typewriting or hand printing, shall be verified,
22dated, and signed by the person making the statement and shall
23contain substantially the following:
24
STATEMENT OF ECONOMIC INTEREST
25
(TYPE OR HAND PRINT)

 

 

SB3899- 17 -LRB101 20312 RJF 69855 b

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..............................................................

 

 

SB3899- 18 -LRB101 20312 RJF 69855 b

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.............................................................

 

 

SB3899- 19 -LRB101 20312 RJF 69855 b

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.

 

 

SB3899- 20 -LRB101 20312 RJF 69855 b

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-103.5 new)
22    Sec. 4A-103.5. General Assembly and Executive Branch
23filing. For statements filed in 2022 and after, members of the
24General Assembly, candidates for nomination or election to the
25General Assembly, persons holding an elected office in the

 

 

SB3899- 21 -LRB101 20312 RJF 69855 b

1Executive Branch, and candidates for nomination or election to
2the Executive Branch shall file statements of economic
3interests with the Secretary of State on forms prescribed by
4the Secretary that are substantially similar to forms developed
5for reporting information required to be disclosed by members
6of Congress and members of the federal Executive Branch under
7the federal Ethics in Government Act of 1978, as amended, and
8shall disclose the information required under Section
94A-102.5.
 
10    (5 ILCS 420/4A-108)
11    Sec. 4A-108. Internet-based systems of filing.
12    (a) Notwithstanding any other provision of this Act or any
13other law, the Secretary of State and county clerks are
14authorized to institute an Internet-based system for the filing
15of statements of economic interests in their offices. With
16respect to county clerk systems, the determination to institute
17such a system shall be in the sole discretion of the county
18clerk and shall meet the requirements set out in this Section.
19With respect to a Secretary of State system, the determination
20to institute such a system shall be in the sole discretion of
21the Secretary of State and shall meet the requirements set out
22in this Section and those Sections of the State Officials and
23Employees Ethics Act requiring ethics officer review prior to
24filing. The system shall be capable of allowing an ethics
25officer to approve a statement of economic interests and shall

 

 

SB3899- 22 -LRB101 20312 RJF 69855 b

1include a means to amend a statement of economic interests.
2When this Section does not modify or remove the requirements
3set forth elsewhere in this Article, those requirements shall
4apply to any system of Internet-based filing authorized by this
5Section. When this Section does modify or remove the
6requirements set forth elsewhere in this Article, the
7provisions of this Section shall apply to any system of
8Internet-based filing authorized by this Section.
9    (b) In any system of Internet-based filing of statements of
10economic interests instituted by the Secretary of State or a
11county clerk:
12        (1) Any filing of an Internet-based statement of
13    economic interests shall be the equivalent of the filing of
14    a verified, written statement of economic interests as
15    required by Section 4A-101 or 4A-101.5 and the equivalent
16    of the filing of a verified, dated, and signed statement of
17    economic interests as required by Section 4A-104.
18        (2) The Secretary of State and county clerks who
19    institute a system of Internet-based filing of statements
20    of economic interests shall establish a password-protected
21    website to receive the filings of such statements. A
22    website established under this Section shall set forth and
23    provide a means of responding to the items set forth in
24    Sections 4A-102 and 4A-102.5 Section 4A-102 that are
25    required of a person who files a statement of economic
26    interests with that officer. A website established under

 

 

SB3899- 23 -LRB101 20312 RJF 69855 b

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

 

 

SB3899- 24 -LRB101 20312 RJF 69855 b

1    interests, but shall file his or her statement of economic
2    interests in a written or printed form and shall receive a
3    written or printed receipt for his or her filing. If no
4    certification is made by an ethics officer for a
5    legislative caucus, or if a member of the General Assembly
6    is not affiliated with a legislative caucus, then the
7    affected member or members of the General Assembly may file
8    their statements of economic interests using the Internet.
9        (4) In the first year of the implementation of a system
10    of Internet-based filing of statements of economic
11    interests, each person required to file such a statement is
12    to be notified in writing of his or her obligation to file
13    his or her statement of economic interests by way of the
14    Internet-based system. If access to the website web site
15    requires a code or password, this information shall be
16    included in the notice prescribed by this paragraph.
17        (5) When a person required to file a statement of
18    economic interests has supplied the Secretary of State or a
19    county clerk, as applicable, with an email address for the
20    purpose of receiving notices under this Article by email, a
21    notice sent by email to the supplied email address shall be
22    the equivalent of a notice sent by first class mail, as set
23    forth in Section 4A-106 or 4A-106.5. A person who has
24    supplied such an email address shall notify the Secretary
25    of State or county clerk, as applicable, when his or her
26    email address changes or if he or she no longer wishes to

 

 

SB3899- 25 -LRB101 20312 RJF 69855 b

1    receive notices by email.
2        (6) If any person who is required to file a statement
3    of economic interests and who has chosen to receive notices
4    by email fails to file his or her statement by May 10, then
5    the Secretary of State or county clerk, as applicable,
6    shall send an additional email notice on that date,
7    informing the person that he or she has not filed and
8    describing the penalties for late filing and failing to
9    file. This notice shall be in addition to other notices
10    provided for in this Article.
11        (7) The Secretary of State and each county clerk who
12    institutes a system of Internet-based filing of statements
13    of economic interests may also institute an Internet-based
14    process for the filing of the list of names and addresses
15    of persons required to file statements of economic
16    interests by the chief administrative officers that must
17    file such information with the Secretary of State or county
18    clerk, as applicable, pursuant to Section 4A-106 or
19    4A-106.5. Whenever the Secretary of State or a county clerk
20    institutes such a system under this paragraph, every chief
21    administrative officer must use the system to file this
22    information.
23        (8) The Secretary of State and any county clerk who
24    institutes a system of Internet-based filing of statements
25    of economic interests shall post the contents of such
26    statements filed with him or her available for inspection

 

 

SB3899- 26 -LRB101 20312 RJF 69855 b

1    and copying on a publicly accessible website. Such postings
2    shall not include the addresses or signatures of the
3    filers.
4(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
5revised 9-12-19.)
 
6    Section 98. Applicability. The provisions of this
7amendatory Act of the 101st General Assembly concerning
8statements of economic interests shall apply to statements of
9economic interests filed in 2022 and for each year thereafter.
10Any statement of economic interest filed prior to 2022 shall
11apply the law in effect before the effective date of this
12amendatory Act of the 101st General Assembly.
 
13    Section 99. Effective date. This Act takes effect January
141, 2021.