Illinois General Assembly - Full Text of SB2146
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Full Text of SB2146  102nd General Assembly

SB2146 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2146

 

Introduced 2/26/2021, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/1-102.5 new
5 ILCS 420/1-104.3 new
5 ILCS 420/1-104.4 new
5 ILCS 420/1-104.5 new
5 ILCS 420/1-105.2 new
5 ILCS 420/1-105.3 new
5 ILCS 420/1-105.4 new
5 ILCS 420/1-105.5 new
5 ILCS 420/1-105.6 new
5 ILCS 420/1-105.7 new
5 ILCS 420/1-110  from Ch. 127, par. 601-110
5 ILCS 420/1-112.5 new
5 ILCS 420/1-113.6 new
5 ILCS 420/1-113.7 new
5 ILCS 420/4A-102  from Ch. 127, par. 604A-102
5 ILCS 420/4A-103  from Ch. 127, par. 604A-103
5 ILCS 420/4A-108
5 ILCS 420/4A-104 rep.

    Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interests form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Repeals a provision that established a separate form for persons required to file a statement of economic interests with county clerks. Defines terms. Adds applicability clause. Makes conforming changes. Effective immediately.


LRB102 15517 RJF 20880 b

 

 

A BILL FOR

 

SB2146LRB102 15517 RJF 20880 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 1-110, 4A-102, 4A-103, and 4A-108 and by
6adding Sections 1-102.5, 1-104.3, 1-104.4, 1-104.5, 1-105.2,
71-105.3, 1-105.4, 1-105.5, 1-105.6, 1-105.7, 1-112.5, 1-113.6,
8and 1-113.7 as follows:
 
9    (5 ILCS 420/1-102.5 new)
10    Sec. 1-102.5. Asset. "Asset" means, for the purposes of
11Sections 4A-102 and 4A-103, an item that is owned and has
12monetary value. For the purposes of Sections 4A-102 and
134A-103, assets include, but are not limited to: stocks, bonds
14(except those issued by the federal, state, or local
15governments), sector mutual funds, sector exchange traded
16funds, commodity futures, investment real estate, and
17partnership interests. For the purposes of Sections 4A-102 and
184A-103, assets do not include: personal residences; personal
19vehicles; savings or checking accounts; bonds, notes, or
20securities issued by any branch of federal, state, or local
21government; Medicare benefits; inheritances or bequests;
22diversified mutual funds; annuities; pensions (including
23government pensions); retirement accounts; college savings

 

 

SB2146- 2 -LRB102 15517 RJF 20880 b

1plans that are qualified tuition plans; qualified
2tax-advantaged savings programs that allow individuals to save
3for disability-related expenses; non-income producing trust
4holdings; or tangible personal property.
 
5    (5 ILCS 420/1-104.3 new)
6    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
7of Sections 4A-102 and 4A-103, an individual, organization, or
8other business entity to whom money or its equivalent is owed,
9no matter whether that obligation is secured or unsecured,
10except that if a filer makes a loan to members of his or her
11family, or a political committee registered with the Illinois
12State Board of Election, or a political committee, principal
13campaign committee, or authorized committee registered with
14the Federal Election Commission, then that filer does not, by
15making such a loan, become a creditor of that individual or
16entity for the purposes of Sections 4A-102 and 4A-103 of this
17Act.
 
18    (5 ILCS 420/1-104.4 new)
19    Sec. 1-104.4. Debt. "Debt" means, for the purposes of
20Sections 4A-102 and 4A-103, any money or monetary obligation
21owed at any time during the preceding calendar year to an
22individual, company, or other organization, other than a loan
23that is from a financial institution, government agency, or
24business entity and that is granted on terms made available to

 

 

SB2146- 3 -LRB102 15517 RJF 20880 b

1the general public. For the purposes of Sections 4A-102 and
24A-103, "debt" includes, but is not limited to: personal loans
3from friends or business associates, business loans made
4outside the lender's regular course of business, and loans
5made at below market rates. For the purposes of Sections
64A-102 and 4A-103, "debt" does not include: (i) debts to or
7from financial institutions or government entities, such as
8mortgages, student loans, credit card debts, or loans secured
9by automobiles, household furniture, or appliances, as long as
10those loans were made on terms available to the general public
11and do not exceed the purchase price of the items securing
12them; or (ii) debts to or from a political committee
13registered with the Illinois State Board of Elections or
14political committees, principal campaign committees, or
15authorized committees registered with the Federal Election
16Commission.
 
17    (5 ILCS 420/1-104.5 new)
18    Sec. 1-104.5. Diversified funds. "Diversified funds" means
19investment products, such as mutual funds, exchange traded
20funds, or unit investment trusts, that invest in a wide
21variety of securities.
 
22    (5 ILCS 420/1-105.2 new)
23    Sec. 1-105.2. Economic relationship. "Economic
24relationship" means, for the purposes of Sections 4A-102 and

 

 

SB2146- 4 -LRB102 15517 RJF 20880 b

14A-103, any joint or shared ownership interests in businesses
2and creditor-debtor relationships with third parties, other
3than commercial lending institutions, where: (a) the filer is
4entitled to receive (i) more than 7.5% of the total
5distributable income, or (ii) an amount in excess of the
6salary of the Governor; or (b) the filer together with his or
7her spouse or minor children is entitled to receive (i) more
8than 15%, in the aggregate, of the total distributable income,
9or (ii) an amount in excess of 2 times the salary of the
10Governor.
 
11    (5 ILCS 420/1-105.3 new)
12    Sec. 1-105.3. Family. "Family" means, for the purposes of
13Sections 4A-102 and 4A-103, a filer's spouse, children,
14step-children, parents, step-parents, siblings,
15step-siblings, half-siblings, sons-in-law, daughters-in-law,
16grandfathers, grandmothers, grandsons, and granddaughters, as
17well as the father, mother, grandfather, and grandmother of
18the filer's spouse.
 
19    (5 ILCS 420/1-105.4 new)
20    Sec. 1-105.4. Immediate family. "Immediate family" means,
21for the purposes of Sections 4A-102 and 4A-103, family of the
22filer living in the filer's residence.
 
23    (5 ILCS 420/1-105.5 new)

 

 

SB2146- 5 -LRB102 15517 RJF 20880 b

1    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
2Section 4A-102 and 4A-103, a person required to file a
3statement of economic interests pursuant to this Act.
 
4    (5 ILCS 420/1-105.6 new)
5    Sec. 1-105.6. Income. "Income" means, for the purposes of
6Sections 4A-102 and 4A-103, income from whatever source
7derived, required to be reported on the filer's federal income
8tax return, including, but not limited to: compensation
9received for services rendered or to be rendered (as reported
10on any Internal Revenue Service forms, including, but not
11limited to, W-2, 1099, or K-1); earnings or capital gains from
12the sale of assets; profit; interest or dividend income from
13all assets; revenue from leases and rentals, royalties,
14prizes, awards, or barter; forgiveness of debt; and earnings
15derived from annuities or trusts other than testamentary
16trusts. "Income" does not include compensation earned for
17service in the position that necessitates the filing of the
18statement of economic interests or income from the sale of a
19personal residence or personal vehicle.
 
20    (5 ILCS 420/1-105.7 new)
21    Sec. 1-105.7. Investment real estate. "Investment real
22estate" means any real property, other than a filer's personal
23residences, purchased to produce a profit, whether from income
24or resale. Investment real estate may be described by the city

 

 

SB2146- 6 -LRB102 15517 RJF 20880 b

1and state where the real estate is located.
 
2    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
3    Sec. 1-110. "Lobbyist" means an individual who is required
4to be registered to engage in lobbying activities pursuant to
5any statute, regulation, or ordinance adopted by a unit of
6government in the State of Illinois any person required to be
7registered under "An Act concerning lobbying and providing a
8penalty for violation thereof", approved July 10, 1957, as
9amended.
10(Source: Laws 1967, p. 3401.)
 
11    (5 ILCS 420/1-112.5 new)
12    Sec. 1-112.5. Personal residence. "Personal residence"
13means, for the purposes of Sections 4A-102 and 4A-103, a
14filer's primary home residence and any residential real
15property held by the filer and used by the filer for
16residential rather than commercial or income generating
17purposes.
 
18    (5 ILCS 420/1-113.6 new)
19    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
20funds or exchange traded funds invested in a particular
21industry or business.
 
22    (5 ILCS 420/1-113.7 new)

 

 

SB2146- 7 -LRB102 15517 RJF 20880 b

1    Sec. 1-113.7. Spouse. "Spouse" means a party to a
2marriage, a party to a civil union, or a registered domestic
3partner.
 
4    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
5    Sec. 4A-102. The statement of economic interests required
6by this Article shall include the economic interests of the
7person making the statement as provided in this Section. The
8following interests shall be listed by all persons required to
9file:
10        (1) each asset that has a value of more than $25,000 as
11    of the end of the preceding calendar year and is: (i) held
12    in the filer's name, (ii) held jointly by the filer with
13    his or her spouse, or (iii) held jointly by the filer with
14    his or her minor child or children;
15        (2) excluding the income from the position that
16    requires the filing of a statement of economic interests
17    under this Act, each source of income that generated in
18    excess of $10,000 in income during the preceding calendar
19    year (as reported on the filer's federal income tax return
20    covering the preceding calendar year), including a general
21    description of the type of services provided in that
22    source of income, and, if the sale or transfer of an asset
23    produced more than $10,000 in capital gains during the
24    preceding calendar year, the transaction date on which
25    that asset was sold or transferred;

 

 

SB2146- 8 -LRB102 15517 RJF 20880 b

1        (3) each creditor of a debt in excess of $25,000 that,
2    during the preceding calendar year, was: (i) owed by the
3    filer, (ii) owed jointly by the filer with his or her
4    spouse, or (iii) owed jointly by the filer with his or her
5    minor child or children;
6        (4) each debtor of a debt in excess of $25,000 that,
7    during the preceding calendar year, was: (i) owed to the
8    filer, (ii) owed jointly to the filer with his or her
9    spouse, or (iii) owed jointly to the filer with his or her
10    minor child or children;
11        (5) each lobbyist known to the filer to be registered
12    with any unit of government in the State of Illinois: (i)
13    with whom the filer maintains an economic relationship, or
14    (ii) who is a member of the filer's immediate family; and
15        (6) each source and type of gift or gifts, or
16    honorarium or honoraria, valued singly or in the aggregate
17    in excess of $1,000 that was received during the preceding
18    calendar year.
19    For the purposes of this Section, the unit of local
20government in relation to which a person is required to file
21under item (o) of Section 4A-101 shall be the unit of local
22government that contributes to the pension fund of which such
23person is a member of the board.
24The interest (if constructively controlled by the person
25making the statement) of a spouse or any other party, shall be
26considered to be the same as the interest of the person making

 

 

SB2146- 9 -LRB102 15517 RJF 20880 b

1the statement. Campaign receipts shall not be included in this
2statement.
3        (a) The following interests shall be listed by all
4    persons required to file:
5            (1) The name, address and type of practice of any
6        professional organization or individual professional
7        practice in which the person making the statement was
8        an officer, director, associate, partner or
9        proprietor, or served in any advisory capacity, from
10        which income in excess of $1200 was derived during the
11        preceding calendar year;
12            (2) The nature of professional services (other
13        than services rendered to the unit or units of
14        government in relation to which the person is required
15        to file) and the nature of the entity to which they
16        were rendered if fees exceeding $5,000 were received
17        during the preceding calendar year from the entity for
18        professional services rendered by the person making
19        the statement.
20            (3) The identity (including the address or legal
21        description of real estate) of any capital asset from
22        which a capital gain of $5,000 or more was realized in
23        the preceding calendar year.
24            (4) The name of any unit of government which has
25        employed the person making the statement during the
26        preceding calendar year other than the unit or units

 

 

SB2146- 10 -LRB102 15517 RJF 20880 b

1        of government in relation to which the person is
2        required to file.
3            (5) The name of any entity from which a gift or
4        gifts, or honorarium or honoraria, valued singly or in
5        the aggregate in excess of $500, was received during
6        the preceding calendar year.
7        (b) The following interests shall also be listed by
8    persons listed in items (a) through (f), item (l), item
9    (n), and item (p) of Section 4A-101:
10            (1) The name and instrument of ownership in any
11        entity doing business in the State of Illinois, in
12        which an ownership interest held by the person at the
13        date of filing is in excess of $5,000 fair market value
14        or from which dividends of in excess of $1,200 were
15        derived during the preceding calendar year. (In the
16        case of real estate, location thereof shall be listed
17        by street address, or if none, then by legal
18        description). No time or demand deposit in a financial
19        institution, nor any debt instrument need be listed;
20            (2) Except for professional service entities, the
21        name of any entity and any position held therein from
22        which income of in excess of $1,200 was derived during
23        the preceding calendar year, if the entity does
24        business in the State of Illinois. No time or demand
25        deposit in a financial institution, nor any debt
26        instrument need be listed.

 

 

SB2146- 11 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 12 -LRB102 15517 RJF 20880 b

1        business with a unit of local government in relation
2        to which the person is required to file. No time or
3        demand deposit in a financial institution, nor any
4        debt instrument need be listed.
5            (3) The name of any entity and the nature of the
6        governmental action requested by any entity which has
7        applied to a unit of local government in relation to
8        which the person must file for any license, franchise
9        or permit for annexation, zoning or rezoning of real
10        estate during the preceding calendar year if the
11        ownership interest of the person filing is in excess
12        of $5,000 fair market value at the time of filing or if
13        income or dividends in excess of $1,200 were received
14        by the person filing from the entity during the
15        preceding calendar year.
16    For the purposes of this Section, the unit of local
17government in relation to which a person required to file
18under item (e) of Section 4A-101.5 shall be the unit of local
19government that contributes to the pension fund of which such
20person is a member of the board.
21(Source: P.A. 101-221, eff. 8-9-19.)
 
22    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
23    Sec. 4A-103. The statement of economic interests required
24by this Article to be filed with the Secretary of State or
25county clerk shall be filled in by typewriting or hand

 

 

SB2146- 13 -LRB102 15517 RJF 20880 b

1printing, shall be verified, dated, and signed by the person
2making the statement and shall contain substantially the
3following:
 
4
STATEMENT OF ECONOMIC INTERESTS

 
5INSTRUCTIONS:
6    You may find the following documents helpful to you in
7completing this form:
8        (1) federal income tax returns, including any related
9    schedules, attachments, and forms; and
10        (2) investment and brokerage statements.
11    To complete this form, you do not need to disclose
12specific amounts or values or report interests relating either
13to political committees registered with the Illinois State
14Board of Elections or to political committees, principal
15campaign committees, or authorized committees registered with
16the Federal Election Commission.
17    The information you disclose will be available to the
18public.
19    You must answer all 6 questions. Certain questions will
20ask you to report any applicable assets or debts held in your
21name; held jointly with your spouse; or held jointly by you
22with your minor child. If you have any concerns about whether
23an interest should be reported, please consult your
24department's ethics officer, if applicable.

 

 

SB2146- 14 -LRB102 15517 RJF 20880 b

1    Please ensure that the information you provide is complete
2and accurate. If you need more space than the form allows,
3please attach additional pages for your response. If you are
4subject to the State Officials and Employees Ethics Act, your
5ethics officer must review your statement of economic
6interests before you file it. Failure to complete the
7statement in good faith and within the prescribed deadline may
8subject you to fines, imprisonment, or both.
 
9BASIC INFORMATION:
10Name: .......................................................
11Job title:...................................................
12Office, department, or agency that requires you to file this
13form:........................................................
14Other offices, departments, or agencies that require you to
15file a Statement of Economic Interests form: ................
16Full mailing address: .......................................
17Preferred e-mail address (optional) .........................
 
18QUESTIONS:
19    1. If you have any single asset that was worth more than
20$25,000 as of the end of the preceding calendar year and is
21held in your name, held jointly by you with your spouse, or
22held jointly by you with your minor child, list such assets
23below. In the case of investment real estate, list the city and
24state where the investment real estate is located. If you do

 

 

SB2146- 15 -LRB102 15517 RJF 20880 b

1not have any such assets, list "none" below.
2.............................................................
3.............................................................
4.............................................................
5.............................................................
6.............................................................
7    2. Excluding the position for which you are required to
8file this form, list the source of any income in excess of
9$10,000 in income as reported on your federal income tax
10return covering the preceding calendar year, including a
11general description of the type of services provided in that
12source of income. If you sold an asset that produced more than
13$10,000 in capital gains in the preceding calendar year, list
14the name of the asset and the transaction date on which the
15sale or transfer took place. If you had no other sources of
16income exceeding $10,000, list "none" below.
 
17Source of Income / Name of Date Sold (if applicable)
18Asset
19............................... ...............................
20............................... ...............................
21............................... ...............................
22    3. Excluding debts incurred on terms available to the
23general public, such as mortgages, student loans, and credit
24card debts, if you owed any single debt in the preceding
25calendar year exceeding $25,000, list the creditor of the debt

 

 

SB2146- 16 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 17 -LRB102 15517 RJF 20880 b

1with the Illinois State Board of Elections or any political
2committee, principal campaign committee, or authorized
3committee registered with the Federal Election Commission.
4.............................................................
5.............................................................
6.............................................................
7    5. If you maintain an economic relationship with a
8lobbyist or if a member of your immediate family is known to
9you to be a lobbyist registered with any unit of government in
10the State of Illinois, list the name of the lobbyist below and
11identify the nature of your relationship with the lobbyist. If
12you do not have an economic relationship with a lobbyist, list
13"none" below.
 
14Name of LobbyistRelationship to Filer
15............................... ...............................
16............................... ...............................
17............................... ...............................
18    6. List the name of any person, organization, or entity
19that was the source of a gift or gifts, or honorarium or
20honoraria, valued singly or in the aggregate in excess of
21$1,000 received during the preceding calendar year.
22.............................................................
23.............................................................
24.............................................................
 

 

 

SB2146- 18 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 19 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 20 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 21 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 22 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 23 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 24 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 25 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 26 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 27 -LRB102 15517 RJF 20880 b

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

 

 

SB2146- 28 -LRB102 15517 RJF 20880 b

1    Section 98. Applicability. The provisions of this
2amendatory Act of the 102nd General Assembly concerning
3statements of economic interests shall apply to statements of
4economic interests filed in 2022 and for each year thereafter.
5Any statement of economic interests filed prior to 2022 shall
6apply the law in effect before the effective date of this
7amendatory Act of the 102nd General Assembly.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.