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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.
() 5 ILCS 420/Art. 1
(5 ILCS 420/Art. 1 heading)
ARTICLE 1.
SHORT TITLE. DEFINITIONS
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5 ILCS 420/1-101
(5 ILCS 420/1-101) (from Ch. 127, par. 601-101)
Sec. 1-101.
This Act shall be known and may be cited as the "Illinois Governmental Ethics Act."
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-102
(5 ILCS 420/1-102) (from Ch. 127, par. 601-102)
Sec. 1-102.
As used in this Act, unless the context otherwise requires,
the terms described in this Article have the meanings
ascribed to them in this Article.
(Source: P.A. 88-605, eff. 9-1-94.)
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5 ILCS 420/1-104
(5 ILCS 420/1-104) (from Ch. 127, par. 601-104)
Sec. 1-104.
"Compensation" means any money, thing of value, or economic
benefit conferred on, or received by, any person in return for services
rendered, or to be rendered, by himself or another.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-105
(5 ILCS 420/1-105) (from Ch. 127, par. 601-105)
Sec. 1-105.
"Economic opportunity" means any purchase, sale, lease,
contract, option, or other transaction or arrangement involving property or
services wherein a legislator may gain an economic benefit. The term shall
not include gifts.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-106
(5 ILCS 420/1-106) (from Ch. 127, par. 601-106)
Sec. 1-106.
"Legislative interest" means a substantial economic interest,
distinct from that of the general public, in one or more legislative
matters.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-107
(5 ILCS 420/1-107) (from Ch. 127, par. 601-107)
Sec. 1-107.
"Legislative matter" means any bill, resolution, nomination,
or other issue or proposal pending before the General Assembly or any
committee, sub-committee, or commission thereof.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-108
(5 ILCS 420/1-108) (from Ch. 127, par. 601-108)
Sec. 1-108.
"Legislator" means a member or member-elect of the General
Assembly.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-109
(5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
Sec. 1-109.
"Lobbying" means promoting or opposing in any manner the
passage by the General Assembly of any legislative matter affecting the
interests of any individual, association or corporation as distinct from
those of the people of the State as a whole.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-110
(5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
Sec. 1-110.
"Lobbyist" means any person required to be registered under
"An Act concerning lobbying and providing a penalty for violation thereof",
approved July 10, 1957, as amended.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-111
(5 ILCS 420/1-111) (from Ch. 127, par. 601-111)
Sec. 1-111.
"Person" or "entity" means an individual, proprietorship,
partnership, association, trust, estate, business trust, group, or
corporation, whether or not operated for profit, or a governmental agency,
unit, or subdivision.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-112
(5 ILCS 420/1-112) (from Ch. 127, par. 601-112)
Sec. 1-112.
"Person with whom the legislator maintains a close economic
association" means a person associated with the legislator in a
partnership, association or professional service corporation, whether as
partner, officer, employee, associate, or otherwise.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-113
(5 ILCS 420/1-113) (from Ch. 127, par. 601-113)
Sec. 1-113.
"Representation case" means the professional representation of
any person, client or principal, with or without compensation, in any
matter before any State agency where the action or non-action of the State
agency involves the exercise of substantial discretion. However, the term
shall not include inquiries for information or other services rendered in a
legislative capacity on behalf of a constituent or other member of the
public.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-114
(5 ILCS 420/1-114) (from Ch. 127, par. 601-114)
Sec. 1-114.
"State agency" means any department, office, commission, board
or authority within the Executive Department, and includes State-supported
universities and colleges and the Illinois Building Authority.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/1-115
(5 ILCS 420/1-115) (from Ch. 127, par. 601-115)
Sec. 1-115.
"Instrument of Ownership" means deeds, common or preferred stock
certificates, rights, warrants, options, bills of sale, contracts,
interests in proprietorships, partnerships and joint ventures, and
beneficial interests in trusts or land trusts.
(Source: P.A. 77-1806.)
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5 ILCS 420/1-116
(5 ILCS 420/1-116) (from Ch. 127, par. 601-116)
Sec. 1-116.
"Professional services" means services rendered in the practice of law,
accounting, engineering, medicine, architecture, dentistry or clinical
psychology.
(Source: P.A. 77-1806.)
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5 ILCS 420/1-120
(5 ILCS 420/1-120)
Sec. 1-120.
Unit of local government.
"Unit of local government" has the
meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution
and also includes school districts and community college districts.
(Source: P.A. 88-605, eff. 9-1-94.)
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5 ILCS 420/Art. 2
(5 ILCS 420/Art. 2 heading)
ARTICLE 2.
RESTRICTED ACTIVITIES
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5 ILCS 420/2-101
(5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
Sec. 2-101.
No legislator may engage in lobbying, as that term is defined
in Section 1-109, if he accepts compensation specifically attributable
to such lobbying, other than that provided by law for members of the
General Assembly. Nothing in this Section prohibits a legislator from
lobbying without compensation.
A violation of this Section shall constitute a Class A misdemeanor.
(Source: P.A. 77-2830.)
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5 ILCS 420/2-103
(5 ILCS 420/2-103) (from Ch. 127, par. 602-103)
Sec. 2-103.
No legislator may accept compensation, other than that provided by law
for members of the General Assembly, for performance of his official
legislative duties. No person, other than State officials or employees
performing their duties in making payments to members of the General
Assembly as provided by law, may pay or offer to pay any legislator any
compensation for performance of his official legislative duties.
A violation of this Section is a petty offense.
(Source: P.A. 78-255.)
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5 ILCS 420/2-104
(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)
Sec. 2-104. No legislator may accept or participate in any way in any representation
case, as that term is defined in Section 1-113, before (1) the Court of
Claims of this State or (2) before the Illinois Workers' Compensation
Commission,
when the State of Illinois is the respondent.
This Section does not prohibit participation in such a representation
case by a person with whom the legislator maintains a close economic
association, unless the fact of that association is used to influence or
attempt to influence the State agency in the rendering of its decision.
A violation of this Section is a Class A misdemeanor.
(Source: P.A. 93-721, eff. 1-1-05.)
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5 ILCS 420/2-110
(5 ILCS 420/2-110)
Sec. 2-110.
Honoraria.
(a) No member of the General Assembly shall accept any honorarium.
(b) As used in this Section:
"Honorarium" means a payment of money
to a member of the General Assembly for an appearance or speech,
excluding
any actual and necessary travel expenses incurred by the member of the General
Assembly (and one
relative) to the extent that those expenses are paid by any other person.
"Honorarium" does not include (i) cash payments made on behalf of a member of
the General Assembly to an organization described under Section 501(c)(3) of
the Internal Revenue Code of 1986, (ii) an agent's fee or commission, or (iii)
funds reported under Article 9 of the Election Code.
"Travel expense" means the reasonable cost of transportation and the
reasonable
cost of lodging and meals incurred while a person is away from his or her
residence or principal place of employment.
(c) Any honorarium or honoraria accepted in violation of this Section shall
be surrendered to the State Treasurer and deposited into the General Revenue
Fund.
(Source: P.A. 89-405, eff. 11-8-95.)
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5 ILCS 420/Art. 3
(5 ILCS 420/Art. 3 heading)
ARTICLE 3.
CODE OF CONDUCT
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5 ILCS 420/Art. 3 Pt. 1
(5 ILCS 420/Art. 3 Pt. 1 heading)
PART 1.
RULES OF CONDUCT FOR LEGISLATORS
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5 ILCS 420/3-101
(5 ILCS 420/3-101) (from Ch. 127, par. 603-101)
Sec. 3-101.
(Repealed).
(Source: Laws 1967, p. 3401. Repealed by P.A. 90-737, eff. 1-1-99.)
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5 ILCS 420/3-102
(5 ILCS 420/3-102) (from Ch. 127, par. 603-102)
Sec. 3-102.
No legislator may accept any economic opportunity, under
circumstances where he knows or should know that there is a substantial
possibility that the opportunity is being afforded him with intent to
influence his conduct in the performance of his official duties.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-103
(5 ILCS 420/3-103) (from Ch. 127, par. 603-103)
Sec. 3-103.
No legislator may charge to or accept from a person known to
have a legislative interest a price, fee, compensation or other
consideration for the sale or lease of any property or the furnishing of
services which is substantially in excess of that which the legislator
would charge in the ordinary course of business.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-104
(5 ILCS 420/3-104) (from Ch. 127, par. 603-104)
Sec. 3-104.
No legislator in order to further his own economic interests,
or those of any other person, may disclose or use confidential information
acquired in the course of his official duties.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-105
(5 ILCS 420/3-105) (from Ch. 127, par. 603-105)
Sec. 3-105.
No legislator may accept a representation case where there is
substantial reason for him to believe that it is being offered with intent
to obtain improper influence over a State agency.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-106
(5 ILCS 420/3-106) (from Ch. 127, par. 603-106)
Sec. 3-106.
No legislator may use or attempt to use improper means to
influence a State agency in any representation case in which the legislator
or any person with whom he maintains a close economic association is
participating.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-107
(5 ILCS 420/3-107) (from Ch. 127, par. 603-107)
Sec. 3-107.
No legislator may engage in other conduct which is unbecoming
to a legislator or which constitutes a breach of public trust.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/Art. 3 Pt. 2
(5 ILCS 420/Art. 3 Pt. 2 heading)
PART 2.
ETHICAL PRINCIPLES FOR LEGISLATORS
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5 ILCS 420/3-201
(5 ILCS 420/3-201) (from Ch. 127, par. 603-201)
Sec. 3-201.
Where feasible, and taking into account the fact that
legislative service is part-time, a legislator should avoid accepting or
retaining an economic opportunity which presents a substantial threat to
his independence of judgment.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-202
(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
Sec. 3-202.
When a legislator must take official action on a legislative
matter as to which he has a conflict situation created by a personal,
family, or client legislative interest, he should consider the possibility
of eliminating the interest creating the conflict situation. If that is not
feasible, he should consider the possibility of abstaining from such
official action. In making his decision as to abstention, the following
factors should be considered;
a. whether a substantial threat to his independence of judgment has been
created by the conflict situation;
b. the effect of his participation on public confidence in the integrity
of the legislature;
c. whether his participation is likely to have any significant effect on
the disposition of the matter;
d. the need for his particular contribution, such as special knowledge
of the subject matter, to the effective functioning of the legislature.
He need not abstain if he decides to participate in a manner contrary to
the economic interest which creates the conflict situation.
If he does abstain, he should disclose that fact to his respective
legislative body.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-203
(5 ILCS 420/3-203) (from Ch. 127, par. 603-203)
Sec. 3-203.
When, despite the existence of a conflict situation, a
legislator chooses to take official action on a matter, he should serve the
public interest, and not the interest of any person.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-204
(5 ILCS 420/3-204) (from Ch. 127, par. 603-204)
Sec. 3-204.
No legislator should accept a representation case unless he
believes there is merit to the position he is asked to represent.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-205
(5 ILCS 420/3-205) (from Ch. 127, par. 603-205)
Sec. 3-205.
A legislator participating in a representation case shall,
wherever feasible, arrange for other persons to make appearances before the
State agency.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-206
(5 ILCS 420/3-206) (from Ch. 127, par. 603-206)
Sec. 3-206.
Sections 3-201 through 3-205 are intended only as guides to legislator
conduct, and not as rules meant to be enforced by disciplinary action.
(Source: P.A. 77-1806.)
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5 ILCS 420/Art. 3 Pt. 3
(5 ILCS 420/Art. 3 Pt. 3 heading)
PART 3.
ETHICAL PRINCIPLES FOR PERSONS WITH
LEGISLATIVE INTEREST, AND FOR PERSONS WHO
ARE CLOSE ECONOMIC ASSOCIATES OF LEGISLATORS
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5 ILCS 420/3-301
(5 ILCS 420/3-301) (from Ch. 127, par. 603-301)
Sec. 3-301.
No person with a legislative interest should offer or confer
an economic opportunity on a legislator with intent to influence that
legislator's official conduct, or to create good will on the part of the
legislator toward any person with a legislative interest. Those in
positions of counsel to, or agents of, such persons should restrain them
from violation of this ethical principle.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-302
(5 ILCS 420/3-302) (from Ch. 127, par. 603-302)
Sec. 3-302.
No person with whom a legislator maintains a close economic
association should accept an economic opportunity when he knows, or should
know, of the substantial possibility that it is being offered with intent
to influence that legislator's official conduct. Where feasible, a person
with a close economic association with a legislator should also decline to
accept an economic opportunity which presents a substantial threat to the
legislator's independence of judgment.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-303
(5 ILCS 420/3-303) (from Ch. 127, par. 603-303)
Sec. 3-303.
No person with whom a legislator maintains a close economic
association should accept a representation case where there is substantial
reason for him to believe that it is being offered with intent to obtain
improper influence over a State agency.
(Source: Laws 1967, p. 3401.)
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5 ILCS 420/3-304
(5 ILCS 420/3-304) (from Ch. 127, par. 603-304)
Sec. 3-304.
Sections 3-301 through 3-303 are intended only as guides to conduct, and
not as rules meant to be enforced by penalties.
(Source: P.A. 77-1806.)
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5 ILCS 420/Art. 3A
(5 ILCS 420/Art. 3A heading)
ARTICLE 3A
GOVERNMENTAL APPOINTEES
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-5 (5 ILCS 420/3A-5)
Sec. 3A-5. Definitions. As used in this Article:
"Late term appointee" means a person who is appointed to an office by
a Governor who does not succeed himself or herself as Governor, whose
appointment requires the advice and consent of the Senate, and whose
appointment is confirmed by the Senate 90 or fewer days before the end
of the appointing Governor's term.
"Succeeding Governor" means the Governor in office immediately after a
Governor who appoints a late term appointee.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-10 (5 ILCS 420/3A-10)
Sec. 3A-10. Late term appointee's term of office. A late term appointee
shall serve no longer than the sixtieth day of the term of office of the
succeeding Governor.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-15 (5 ILCS 420/3A-15)
Sec. 3A-15. Vacancy created. Upon the earlier of the resignation of a
late term appointee or the conclusion of the sixtieth day of the term of
the succeeding Governor, that appointed office shall be considered vacant.
The succeeding Governor may then make an appointment to fill that vacancy,
regardless of whether the statute that creates the appointed office
provides for appointment to fill a vacancy. All other requirements of
law applicable to that appointed office shall apply to the succeeding
Governor's appointee, including but not limited to eligibility,
qualifications, and confirmation by the Senate.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-20 (5 ILCS 420/3A-20)
Sec. 3A-20. Term of appointee. The term of office of an appointee
filling a vacancy created under Section 3A-15 shall be the term of
any appointee filling a vacancy as provided by the statute that creates the
appointed office. If the statute that creates the appointed office does not
specify the term to be served by an appointee filling a vacancy, the term of
the appointee shall be for the remainder of the term the late term appointee
would have otherwise been entitled to fill.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-25 (5 ILCS 420/3A-25)
Sec. 3A-25. Reappointment. Nothing in this Article prohibits a succeeding
Governor from reappointing an otherwise qualified late term appointee to fill
the vacancy created under Section 3A-15.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-30 (5 ILCS 420/3A-30)
Sec. 3A-30. Disclosure.
(a) Upon appointment to a board, commission,
authority, or task force authorized or created by State law, a person must file
with the Secretary of State a disclosure of all contracts the person or his or
her spouse or immediate family members living with the person have with the
State and all contracts between the State and any entity in which the person or
his or her spouse or immediate family members living with the person have a
majority financial interest.
(b) Violation of this Section is a business offense
punishable
by a fine of $1,001.
(c) The Secretary of State must
adopt
rules for the implementation and administration of this Section.
Disclosures filed under this Section are public records.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-35 (5 ILCS 420/3A-35)
Sec. 3A-35. Conflicts of interests.
(a) In addition to the provisions of subsection (a) of Section 50-13 of the
Illinois Procurement Code, it is unlawful for an
appointed member of a board, commission, authority, or task force authorized
or created by State law or by executive order of the Governor, the spouse of
the appointee, or an immediate family
member of the appointee living in the appointee's residence to have or acquire
a contract or have or acquire a direct pecuniary interest in a contract with
the State that relates to the board, commission, authority, or task force of
which he or she is an appointee during and for one year after the conclusion
of the person's term of office.
(b) If (i) a person subject to subsection (a) is entitled to receive more
than 7
1/2% of the total distributable income of a partnership, association,
corporation, or other business entity or (ii) a person subject to subsection
(a) together with his or her
spouse and immediate family members living in that person's residence are
entitled to receive more than 15%, in the aggregate, of the total distributable
income of a partnership, association, corporation, or other business entity
then it is unlawful for
that partnership, association, corporation, or other business entity to have or
acquire a contract or a
direct pecuniary interest in a contract prohibited by subsection (a) during
and for one year after the conclusion of the person's term of office.
(Source: P.A. 93-615, eff. 11-19-03.)|
5 ILCS 420/3A-40 (5 ILCS 420/3A-40) Sec. 3A-40. Appointees with expired terms; temporary and acting appointees. (a) A person who is nominated by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) for any affected office to which appointment requires the advice and consent of the Senate, who is appointed pursuant to that advice and consent, and whose term of office expires on or after August 26, 2011 shall not continue in office longer than 60 calendar days after the expiration of that term of office. After that 60th day, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section. A person who has been nominated by the Governor before August 26, 2011 (the effective date of Public Act 97-582) for any affected office to which appointment requires the advice and consent of the Senate, who has been appointed pursuant to that advice and consent, and whose term of office has expired shall not continue in office longer than 60 calendar days after the date upon which his or her term of office has expired. After that 60 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section. If the term of office of a person who is subject to this paragraph expires more than 60 calendar days prior to the effective date of this amendatory Act of the 97th General Assembly, then that office is considered vacant on the effective date of this amendatory Act of the 97th General Assembly, and that vacancy shall be filled only pursuant to the law applicable to making appointments to that office. For the purposes of this subsection (a), "affected office" means (i) an office in which one receives any form of compensation, including salary or per diem, but not including expense reimbursement, or (ii) membership on the board of trustees of a public university. (b) A person who is appointed by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after the next meeting of the Senate unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that meeting date. After that meeting date, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section. A person who has been appointed by the Governor before August 26, 2011 (the effective date of Public Act 97-582) to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after August 26, 2011 or the next meeting of the Senate after August 26, 2011, as applicable, unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before the next meeting of the Senate after that temporary appointment was made. After that effective date or meeting date, as applicable, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section. For the purposes of this subsection (b), a meeting of the Senate does not include a perfunctory session day as designated by the Senate under its rules. (c) A person who is designated by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office more than 60 calendar days unless the Governor files a message with the Secretary of the Senate nominating that person to fill that office within that 60 days. After that 60 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section. No person who has been designated by the Governor to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall, except at the Senate's request, be designated again as an acting appointee for that office at the same session of that Senate, subject to the provisions of this Section. A person who has been designated by the Governor before August 26, 2011 (the effective date of Public Act 97-582) to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office longer than 60 calendar days after August 26, 2011 unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that 60 days. After that 60 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section. No person who has been designated by the Governor to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall, except at the Senate's request, be designated again as an acting appointee for that office at the same session of that Senate, subject to the provisions of this Section. During the term of a General Assembly, the Governor may not designate a person to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate if that person's nomination to serve as the appointee for the same office was rejected by the Senate of the same General Assembly. For the purposes of this subsection (c), "acting appointee" means a person designated by the Governor to serve as an acting director or acting secretary pursuant to Section 5-605 of the Civil Administrative Code of Illinois. "Acting appointee" also means a person designated by the Governor pursuant to any other statute to serve as an acting holder of any office, to execute the duties and functions of any office, or both. (d) The provisions of this Section apply notwithstanding any law to the contrary. However, the provisions of this Section do not apply to appointments made under Article 1A of the Election Code or to the appointment of any person to serve as Director of the Illinois Power Agency.
(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)|
5 ILCS 420/Art. 4A
(5 ILCS 420/Art. 4A heading)
ARTICLE 4A.
DISCLOSURE OF ECONOMIC INTERESTS
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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.
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(b) Persons holding an elected office in the
| | Executive Branch of this State, and candidates for nomination or election to these offices.
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(c) Members of a Commission or Board created by the
| | Illinois Constitution, and candidates for nomination or election to such Commission or Board.
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(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.
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(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.
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(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:
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(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;
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(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;
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(3) have authority for the issuance or
| | promulgation of rules and regulations within areas under the authority of the State;
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(4) have authority for the approval of
| |
(5) have responsibility with respect to the
| | financial inspection of regulated nongovernmental entities;
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(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;
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(7) have supervisory responsibility for 20 or
| | more employees of the State;
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(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
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| (9) have responsibility with respect to the
| | procurement of goods or services.
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| (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.
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(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.
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(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:
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(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;
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(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;
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(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;
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(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;
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(5) have authority to issue or promulgate rules
| | and regulations within areas under the authority of the unit of local government; or
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(6) have supervisory responsibility for 20 or
| | more employees of the unit of local government.
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(j) Persons on the Board of Trustees of the Illinois
| | Mathematics and Science Academy.
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(k) Persons employed by a school district in
| | positions that require that person to hold an administrative or a chief school business official endorsement.
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(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.
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(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.
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| (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.
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| (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.
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| (p) Members of the investment advisory panel created
| | under Section 20 of the Illinois Prepaid Tuition Act.
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| 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.)
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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:
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(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;
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(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.
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(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.
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(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.
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(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.
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(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:
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|
(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;
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(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.
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(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.
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|
(c) The following interests shall also be listed by
| | persons listed in items (g), (h), (i), and (o) of Section 4A-101:
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|
(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.
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(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.
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(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.
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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.)
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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 Entity |
Instrument 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.
|
Name |
Address |
Type 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.
|
Lobbyist |
Legislative Matter |
Client 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.
|
Entity |
Position 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.)
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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.
|
Business |
Instrument of |
Position of |
Entity |
Ownership |
Management |
............. |
............. |
.............. |
............. |
............. |
.............. |
............. |
............. |
.............. |
|
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.
|
Name |
Address |
Type 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.
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(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.
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(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.
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|
(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.)
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5 ILCS 420/4A-106 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. The statements of economic interests required of persons
listed in items (a) through (f), item (j), item (l), item (n), and item (p) of
Section 4A-101 shall be
filed with the Secretary of State. The statements of economic interests
required of persons listed in items (g), (h), (i), (k), and (o) of
Section
4A-101 shall be filed with the county clerk of the county in which the
principal office of the unit of local government with which the person is
associated is located. If it is not apparent which county the principal office
of a unit of local government is located, the chief administrative officer, or
his or her designee, has the authority, for purposes of this Act, to determine
the county in which the principal office is located. On or before February 1
annually, (1) the chief administrative officer of any State agency in the
executive, legislative, or judicial branch employing persons required to file
under item (f) or item (l) of Section
4A-101 and the chief administrative officer of a board or panel described in item (n) or (p) of Section 4A-101 shall certify to the Secretary of State the names and mailing addresses
of those persons, and (2) the chief administrative officer, or his or her
designee, of each unit of local government with persons described in items (h),
(i) and (k) and a board described in item (o) of Section 4A-101 shall certify to the appropriate county clerk a
list of names and addresses of persons described in items (h), (i),
(k), and (o) of
Section 4A-101 that are required to file. In preparing the lists, each chief
administrative officer, or his or her designee, shall set out the names in
alphabetical order.
On or before April 1 annually, the Secretary of State shall notify (1)
all persons whose names have been certified to him under items (f),
(l), (n), and (p) of
Section 4A-101, and (2) all persons described in items (a) through (e) and
item (j) of Section 4A-101, other than candidates for office who have filed
their statements with their nominating petitions, of the requirements for
filing statements of economic interests.
A person required to file with the Secretary of State by virtue of more than
one item among items (a) through (f) and items (j), (l), (n), and (p)
shall be notified of and is
required
to file only one statement of economic interests relating to all items under
which the person is required to file with the Secretary of State.
On or before April 1 annually, the county clerk of each county shall
notify all persons whose names have been certified to him under items (g),
(h), (i), (k), and (o) of Section 4A-101, other than candidates
for office who have filed their statements with their nominating petitions, of
the requirements for filing statements of economic interests.
A person required to file with a county clerk by virtue of more than one item
among items (g), (h), (i), (k), and (o) shall be notified of and is
required to
file only one statement of economic interests relating to all items under which
the person is required to file with that county clerk.
Except as provided in Section 4A-106.1, the notices provided for in this
Section shall be in writing and deposited in
the U.S. Mail, properly addressed, first class postage prepaid, on or before
the day required by this Section for the sending of the notice. Alternatively, a county clerk may send the notices electronically to all persons whose names have been thus certified to him under item (h), (i), or (k) of Section 4A-101. A certificate
executed by the Secretary of State or county clerk attesting that he or she has sent
the notice by the means permitted by this Section constitutes prima facie evidence thereof.
From the lists certified to him under this Section of persons described in
items (g), (h), (i), (k), and (o) of Section 4A-101, the clerk
of each county shall
compile an alphabetical listing of persons required to file statements of
economic interests in his office under any of those items. As the
statements are filed in his office, the county clerk shall cause the fact
of that filing to be indicated on the alphabetical listing of persons who
are required to file statements. Within 30 days after the due dates, the county
clerk shall mail to the State Board of Elections a true copy of that listing
showing those who have filed statements.
The county clerk of each county shall note upon the alphabetical listing
the names of all persons required to file a statement of economic interests
who failed to file a statement on or before May 1. It shall be the duty of
the several county clerks to give notice as provided in Section 4A-105 to
any person who has failed to file his or her statement with the clerk on or
before May 1.
Any person who files or has filed a statement of economic interest
under this Act is entitled to receive from the Secretary of State or county
clerk, as the case may be, a receipt indicating that the person has filed
such a statement, the date of such filing, and the identity of the
governmental unit or units in relation to which the filing is required.
The Secretary of State may employ such employees and consultants
as he considers necessary to carry out his duties hereunder, and may
prescribe their duties, fix their compensation, and provide for
reimbursement of their expenses.
All statements of economic interests filed under this Section shall be
available for examination and copying by the public at all reasonable times.
Not later than 12 months after the effective date of this amendatory Act of
the 93rd General Assembly, beginning with statements filed in calendar year
2004, the Secretary of State shall make statements of economic interests filed
with the Secretary available for inspection and copying via the Secretary's
website.
(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754, eff. 7-6-12.)
|
5 ILCS 420/4A-106.1
(5 ILCS 420/4A-106.1)
Sec. 4A-106.1.
1994 school district and community college district
filings. Elected officials and appointed officials of school
districts and community college districts required to file statements of
economic interests in calendar year 1994 shall file those statements by October
1,
1994 rather than May 1, 1994.
(Source: P.A. 88-605, eff. 9-1-94.)
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5 ILCS 420/4A-107 (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of economic interests
under this Article who willfully files a false or incomplete statement shall be
guilty of a Class A misdemeanor.
Except when the fees and penalties for late filing have been waived under Section 4A-105, failure to file a statement within the time prescribed shall result in
ineligibility for, or forfeiture of, office or position of employment, as
the case may be; provided, however, that if the notice of failure to
file a statement of economic interests provided in Section 4A-105 of this
Act is not given by the Secretary of State or the county clerk, as the case
may be, no forfeiture shall result if a statement is filed within 30 days
of actual notice of the failure to file. The Secretary of State shall provide the Attorney General with the names of persons who failed to file a statement. The county clerk shall provide the State's Attorney of the county of the entity for which the filing of statement of economic interest is required with the name of persons who failed to file a statement.
The Attorney General, with respect to offices or positions described in
items (a) through (f) and items (j), (l), (n), and (p) of Section 4A-101 of this
Act, or the State's
Attorney of the county of the entity for which the filing of statements of
economic interests is required, with respect to offices or positions
described in items (g) through (i), item (k), and item (o) of
Section
4A-101 of this Act,
shall bring an action in quo warranto against any person who has failed to file
by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.
(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, eff. 7-2-10; 97-754, eff. 7-6-12.)
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5 ILCS 420/4A-108 (5 ILCS 420/4A-108) Sec. 4A-108. Internet-based systems of filing. (a) Notwithstanding any other provision of this Act or any other law, a county clerk is authorized to institute an Internet-based system for the filing of statements of economic interests in his or her office. The determination to institute such a system shall be in the sole discretion of the county clerk and shall meet the requirements set out in this Section. When this Section does not modify or remove the requirements set forth elsewhere in this Article, those requirements shall apply to any system of Internet-based filing authorized by this Section. When this Section does modify or remove the requirements set forth elsewhere in this Article, the provisions of this Section shall apply to any system of Internet-based filing authorized by this Section. (b) In any system of Internet-based filing of statements of economic interests instituted by a county clerk: (1) Any filing of an Internet-based statement of |
| economic interests shall be the equivalent of the filing of a verified, written statement of economic interests as required by Section 4A-101 and the equivalent of the filing of a verified, dated, and signed statement of economic interests as required by Section 4A-104.
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| (2) A county clerk who institutes a system of
| | Internet-based filing of statements of economic interests shall establish a password-protected web site to receive the filings of such statements. A website established under this Section shall set forth and provide a means of responding to the items set forth in Section 4A-102 that are required of a person who files a statement of economic interests with that officer.
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| (3) The times for the filing of statements of
| | economic interests set forth in Section 4A-105 shall be followed in any system of Internet-based filing of statements of economic interests; provided that a candidate for elective office who is required to file a statement of economic interests in relation to his or her candidacy pursuant to Section 4A-105(a) shall not use the Internet to file his or her statement of economic interests but shall file his or her statement of economic interests in a written or printed form and shall receive a written or printed receipt for his or her filing.
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| (4) In the first year of the implementation of a
| | system of Internet-based filing of statements of economic interests, each person required to file such a statement is to be notified in writing of his or her obligation to file his or her statement of economic interests and the option to file by way of the Internet-based system or by way of standardized form. If access to the web site requires a code or password, this information shall be included in the notice prescribed by this paragraph.
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| (5) When a person required to file a statement of
| | economic interests has supplied a county clerk with an email address for the purpose of receiving notices under this Article by email, a notice sent by email to the supplied email address shall be the equivalent of a notice sent by first class mail, as set forth in Section 4A-106. A person who has supplied such an email address shall notify the county clerk when his or her email address changes or if he or she no longer wishes to receive notices by email.
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| (6) If any person who is required to file a statement
| | of economic interests and who has chosen to receive notices by email fails to file his or her statement by May 10, then the county clerk shall send an additional email notice on that date, informing the person that he or she has not filed and describing the penalties for late filing and failing to file. This notice shall be in addition to other notices provided for in this Article.
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| (7) Each county clerk who institutes a system of
| | Internet-based filing of statements of economic interests may also institute an Internet-based process for the filing of the list of names and addresses of persons required to file statements of economic interests by the chief administrative officers of units of local government that must file such information with that county clerk pursuant to Section 4A-106. Whenever a county clerk institutes such a system under this paragraph, every unit of local government must use the system to file this information.
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| (8) Any county clerk who institutes a system of
| | Internet-based filing of statements of economic interests shall post the contents of such statements filed with him or her available for inspection and copying on a publicly accessible website. Such postings shall not include the addresses of the filers.
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(Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
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5 ILCS 420/Art. 8
(5 ILCS 420/Art. 8 heading)
ARTICLE 8.
SEVERABILITY
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5 ILCS 420/8-101
(5 ILCS 420/8-101) (from Ch. 127, par. 608-101)
Sec. 8-101.
If any provision of this Act or application thereof to any person or
circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision, and to this end the provisions of
this Act are declared to be severable.
(Source: P.A. 77-1806.)
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