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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

GENERAL PROVISIONS
(5 ILCS 420/) Illinois Governmental Ethics Act.

5 ILCS 420/3A-45

    (5 ILCS 420/3A-45)
    Sec. 3A-45. Late term executive appointees.
    (a) As used in this Section, "late term executive appointee" means a person who is appointed, contracted with, or employed as a director, executive director, or other similar executive management position by any public body 90 or fewer days before the end of the then-serving Governor's term, when the then-serving Governor does not succeed himself or herself as Governor. For purposes of this Section only, "public body" means a board, commission, authority, task force, or other similar group authorized or created by State law where the Governor appoints one or more members of the board, commission, authority, task force, or other similar body.
    (b) A late term executive appointee shall serve no longer than the 60th day of the term of office of the succeeding Governor. A late term executive appointee may be retained by appointment, contract, or employment after the 60th day only if the public body takes official action at an open meeting of that public body which occurs after the succeeding Governor has taken office.
(Source: P.A. 99-466, eff. 8-26-15.)

5 ILCS 420/Art. 3B

 
    (5 ILCS 420/Art. 3B heading)
ARTICLE 3B. BOARDS AND COMMISSIONS
(Source: P.A. 99-318, eff. 1-1-16.)

5 ILCS 420/3B-5

    (5 ILCS 420/3B-5)
    Sec. 3B-5. Definition. As used in this Article:
    "Board" includes a board, commission, authority, task force, or other similar body to which one or more members are appointed by the Governor with the advice and consent of the Senate, but does not include any subcommittee thereof, and where the member receives any form of compensation on a per meeting basis; this does not include reimbursement for actual travel or other expenses necessarily incurred in discharging the duties of the office.
(Source: P.A. 99-318, eff. 1-1-16.)

5 ILCS 420/3B-10

    (5 ILCS 420/3B-10)
    Sec. 3B-10. Per meeting compensation and meetings. Notwithstanding any other provision of law, a board member shall not receive per meeting compensation for more than one meeting held during any 7 consecutive day period unless: (i) each meeting is more than 4 hours long, or (ii) in the case of a bona fide emergency.
(Source: P.A. 99-318, eff. 1-1-16.)

5 ILCS 420/Art. 4A

 
    (5 ILCS 420/Art. 4A heading)
ARTICLE 4A. DISCLOSURE OF ECONOMIC INTERESTS

5 ILCS 420/4A-101

    (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file. The following persons shall file verified written statements of economic interests, as provided in this Article:
        (a) Members of the General Assembly and candidates
    
for nomination or election to the General Assembly.
        (b) Persons holding an elected office in the
    
Executive Branch of this State, and candidates for nomination or election to these offices.
        (c) Members of a Commission or Board created by the
    
Illinois Constitution, and candidates for nomination or election to such Commission or Board.
        (d) Persons whose appointment to office is subject to
    
confirmation by the Senate and persons appointed by the Governor to any other position on a board or commission described in subsection (a) of Section 15 of the Gubernatorial Boards and Commissions Act.
        (e) Holders of, and candidates for nomination or
    
election to, the office of judge or associate judge of the Circuit Court and the office of judge of the Appellate or Supreme Court.
        (f) Persons who are employed by any branch, agency,
    
authority or board of the government of this State, including but not limited to, the Illinois State Toll Highway Authority, the Illinois Housing Development Authority, the Illinois Community College Board, and institutions under the jurisdiction of the Board of Trustees of the University of Illinois, Board of Trustees of Southern Illinois University, Board of Trustees of Chicago State University, Board of Trustees of Eastern Illinois University, Board of Trustees of Governor's State University, Board of Trustees of Illinois State University, Board of Trustees of Northeastern Illinois University, Board of Trustees of Northern Illinois University, Board of Trustees of Western Illinois University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:
            (1) are, or function as, the head of a
        
department, commission, board, division, bureau, authority or other administrative unit within the government of this State, or who exercise similar authority within the government of this State;
            (2) have direct supervisory authority over, or
        
direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the State in the amount of $5,000 or more;
            (3) have authority for the issuance or
        
promulgation of rules and regulations within areas under the authority of the State;
            (4) have authority for the approval of
        
professional licenses;
            (5) have responsibility with respect to the
        
financial inspection of regulated nongovernmental entities;
            (6) adjudicate, arbitrate, or decide any judicial
        
or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the State;
            (7) have supervisory responsibility for 20 or
        
more employees of the State;
            (8) negotiate, assign, authorize, or grant naming
        
rights or sponsorship rights regarding any property or asset of the State, whether real, personal, tangible, or intangible; or
            (9) have responsibility with respect to the
        
procurement of goods or services.
        (g) Persons who are elected to office in a unit of
    
local government, and candidates for nomination or election to that office, including regional superintendents of school districts.
        (h) Persons appointed to the governing board of a
    
unit of local government, or of a special district, and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county, or municipal plan commission, or to a board of review of any county, and persons appointed to the Board of the Metropolitan Pier and Exposition Authority and any Trustee appointed under Section 22 of the Metropolitan Pier and Exposition Authority Act, and persons appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds. This subsection does not apply to members of boards or commissions who function in an advisory capacity.
        (i) Persons who are employed by a unit of local
    
government and are compensated for services as employees and not as independent contractors and who:
            (1) are, or function as, the head of a
        
department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government;
            (2) have direct supervisory authority over, or
        
direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater;
            (3) have authority to approve licenses and
        
permits by the unit of local government; this item does not include employees who function in a ministerial capacity;
            (4) adjudicate, arbitrate, or decide any judicial
        
or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the unit of local government;
            (5) have authority to issue or promulgate rules
        
and regulations within areas under the authority of the unit of local government; or
            (6) have supervisory responsibility for 20 or
        
more employees of the unit of local government.
        (j) Persons on the Board of Trustees of the Illinois
    
Mathematics and Science Academy.
        (k) Persons employed by a school district in
    
positions that require that person to hold an administrative or a chief school business official endorsement.
        (l) Special government agents. A "special government
    
agent" is a person who is directed, retained, designated, appointed, or employed, with or without compensation, by or on behalf of a statewide executive branch constitutional officer to make an ex parte communication under Section 5-50 of the State Officials and Employees Ethics Act or Section 5-165 of the Illinois Administrative Procedure Act.
        (m) Members of the board of commissioners of any
    
flood prevention district created under the Flood Prevention District Act or the Beardstown Regional Flood Prevention District Act.
        (n) Members of the board of any retirement system or
    
investment board established under the Illinois Pension Code, if not required to file under any other provision of this Section.
        (o) Members of the board of any pension fund
    
established under the Illinois Pension Code, if not required to file under any other provision of this Section.
        (p) Members of the investment advisory panel created
    
under Section 20 of the Illinois Prepaid Tuition Act.
    This Section shall not be construed to prevent any unit of local government from enacting financial disclosure requirements that mandate more information than required by this Act.
(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; 97-754, eff. 7-6-12.)

5 ILCS 420/4A-102

    (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
    Sec. 4A-102. The statement of economic interests required by this Article shall include the economic interests of the person making the statement as provided in this Section. The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement. Campaign receipts shall not be included in this statement.
        (a) The following interests shall be listed by all
    
persons required to file:
            (1) The name, address and type of practice of any
        
professional organization or individual professional practice in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1200 was derived during the preceding calendar year;
            (2) The nature of professional services (other
        
than services rendered to the unit or units of government in relation to which the person is required to file) and the nature of the entity to which they were rendered if fees exceeding $5,000 were received during the preceding calendar year from the entity for professional services rendered by the person making the statement.
            (3) The identity (including the address or legal
        
description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year.
            (4) The name of any unit of government which has
        
employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.
            (5) The name of any entity from which a gift or
        
gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.
        (b) The following interests shall also be listed by
    
persons listed in items (a) through (f), item (l), item (n), and item (p) of Section 4A-101:
            (1) The name and instrument of ownership in any
        
entity doing business in the State of Illinois, in which an ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends of in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed;
            (2) Except for professional service entities, the
        
name of any entity and any position held therein from which income of in excess of $1,200 was derived during the preceding calendar year, if the entity does business in the State of Illinois. No time or demand deposit in a financial institution, nor any debt instrument need be listed.
            (3) The identity of any compensated lobbyist with
        
whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.
        (c) The following interests shall also be listed by
    
persons listed in items (g), (h), (i), and (o) of Section 4A-101:
            (1) The name and instrument of ownership in any
        
entity doing business with a unit of local government in relation to which the person is required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of $1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed.
            (2) Except for professional service entities, the
        
name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with a unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed.
            (3) The name of any entity and the nature of the
        
governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year.
    For the purposes of this Section, the unit of local government in relation to which a person required to file under item (o) of Section 4A-101 shall be the unit of local government that contributes to the pension fund of which such person is a member of the board.
(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)

5 ILCS 420/4A-103

    (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
    Sec. 4A-103. The statement of economic interests required by this Article to be filed with the Secretary of State shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:
STATEMENT OF ECONOMIC INTEREST
(TYPE OR HAND PRINT)
..............................................................
(name)
..............................................................
(each office or position of employment for which this statement is filed)
..............................................................
(full mailing address)
GENERAL DIRECTIONS:
    The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.
    Campaign receipts shall not be included in this statement.
    If additional space is needed, please attach supplemental listing.
    1. List the name and instrument of ownership in any entity doing business in the State of Illinois, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need be listed.
Business EntityInstrument of Ownership
........................................
........................................
........................................
........................................
    2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.
NameAddressType of Practice
........................................
........................................
........................................
    3. List the nature of professional services rendered (other than to the State of Illinois) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.
..............................................................
..............................................................
    4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.
..............................................................
..............................................................
    5. List the identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.
LobbyistLegislative MatterClient or Principal
........................................
........................................
    6. List the name of any entity doing business in the State of Illinois from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution nor any debt instrument need be listed.
EntityPosition Held
........................................
........................................
........................................
    7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.
..............................................................
..............................................................
    8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.
..............................................................
VERIFICATION:
    "I declare that this statement of economic interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."
................    ..........................................
(date of filing)    (signature of person making the statement)
(Source: P.A. 95-173, eff. 1-1-08.)

5 ILCS 420/4A-104

    (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
    Sec. 4A-104. The statement of economic interests required by this Article to be filed with the county clerk shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:
STATEMENT OF ECONOMIC INTERESTS
(TYPE OR HAND PRINT)
..............................................................
(Name)
..............................................................
(each office or position of employment for which this statement is filed) .
(full mailing address)
GENERAL DIRECTIONS:
    The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.
    Campaign receipts shall not be included in this statement.
    If additional space is needed, please attach supplemental listing.
    1. List the name and instrument of ownership in any entity doing business with a unit of local government in relation to which the person is required to file, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were received during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument shall be listed.
BusinessInstrument ofPosition of
EntityOwnershipManagement
........................................
........................................
........................................
    2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.
NameAddressType of Practice
........................................
........................................
........................................
    3. List the nature of professional services rendered (other than to the unit or units of local government in relation to which the person is required to file) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.
..............................................................
..............................................................
    4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.
..............................................................
..............................................................
..............................................................
    5. List the name of any entity and the nature of the governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1200 were received by the person filing from the entity during the preceding calendar year.
..............................................................
..............................................................
..............................................................
    6. List the name of any entity doing business with a unit of local government in relation to which the person is required to file from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. No time or demand deposit in a financial institution nor any debt instrument need be listed.
..............................................................
..............................................................
    7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.
..............................................................
..............................................................
    8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.
..............................................................
VERIFICATION:
    "I declare that this statement of economic interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."
................    ..........................................
(date of filing)    (signature of person making the statement)
(Source: P.A. 95-173, eff. 1-1-08.)

5 ILCS 420/4A-105

    (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
    Sec. 4A-105. Time for filing. Except as provided in Section 4A-106.1, by May 1 of each year a statement must be filed by each person whose position at that time subjects him to the filing requirements of Section 4A-101 unless he has already filed a statement in relation to the same unit of government in that calendar year.
    Statements must also be filed as follows:
        (a) A candidate for elective office shall file his
    
statement not later than the end of the period during which he can take the action necessary under the laws of this State to attempt to qualify for nomination, election, or retention to such office if he has not filed a statement in relation to the same unit of government within a year preceding such action.
        (b) A person whose appointment to office is subject
    
to confirmation by the Senate shall file his statement at the time his name is submitted to the Senate for confirmation.
        (b-5) A special government agent, as defined in item
    
(1) of Section 4A-101 of this Act, shall file a statement within 30 days after making the first ex parte communication and each May 1 thereafter if he or she has made an ex parte communication within the previous 12 months.
        (c) Any other person required by this Article to file
    
the statement shall file a statement at the time of his or her initial appointment or employment in relation to that unit of government if appointed or employed by May 1.
    If any person who is required to file a statement of economic interests fails to file such statement by May 1 of any year, the officer with whom such statement is to be filed under Section 4A-106 of this Act shall, within 7 days after May 1, notify such person by certified mail of his or her failure to file by the specified date. Except as may be prescribed by rule of the Secretary of State, such person shall file his or her statement of economic interests on or before May 15 with the appropriate officer, together with a $15 late filing fee. Any such person who fails to file by May 15 shall be subject to a penalty of $100 for each day from May 16 to the date of filing, which shall be in addition to the $15 late filing fee specified above. Failure to file by May 31 shall result in a forfeiture in accordance with Section 4A-107 of this Act.
    Any person who takes office or otherwise becomes required to file a statement of economic interests within 30 days prior to May 1 of any year may file his or her statement at any time on or before May 31 without penalty. If such person fails to file such statement by May 31, the officer with whom such statement is to be filed under Section 4A-106 of this Act shall, within 7 days after May 31, notify such person by certified mail of his or her failure to file by the specified date. Such person shall file his or her statement of economic interests on or before June 15 with the appropriate officer, together with a $15 late filing fee. Any such person who fails to file by June 15 shall be subject to a penalty of $100 per day for each day from June 16 to the date of filing, which shall be in addition to the $15 late filing fee specified above. Failure to file by June 30 shall result in a forfeiture in accordance with Section 4A-107 of this Act.
    All late filing fees and penalties collected pursuant to this Section shall be paid into the General Revenue Fund in the State treasury, if the Secretary of State receives such statement for filing, or into the general fund in the county treasury, if the county clerk receives such statement for filing. The Attorney General, with respect to the State, and the several State's Attorneys, with respect to counties, shall take appropriate action to collect the prescribed penalties.
    Failure to file a statement of economic interests within the time prescribed shall not result in a fine or ineligibility for, or forfeiture of, office or position of employment, as the case may be; provided that the failure to file results from not being included for notification by the appropriate agency, clerk, secretary, officer or unit of government, as the case may be, and that a statement is filed within 30 days of actual notice of the failure to file.
    Beginning with statements required to be filed on or after May 1, 2009, the officer with whom a statement is to be filed may, in his or her discretion, waive the late filing fee, the monetary late filing penalty, and the ineligibility for or forfeiture of office or position for failure to file when the person's late filing of a statement or failure to file a statement is due to his or her (i) serious or catastrophic illness that renders the person temporarily incapable of completing the statement or (ii) military service.
(Source: P.A. 96-550, eff. 8-17-09.)