SB1289eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State 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 4A-103,
13assets include, but are not limited to: stocks, bonds (except
14those issued by the federal, state, or local governments),
15sector mutual funds, sector exchange traded funds, commodity
16futures, investment real estate, and partnership interests.
17For the purposes of Sections 4A-102 and 4A-103, assets do not
18include: personal residences; personal vehicles; savings or
19checking accounts; bonds, notes, or securities issued by any
20branch of federal, state, or local government; Medicare
21benefits; inheritances or bequests; diversified mutual funds;
22annuities; pensions (including government pensions);
23retirement accounts; college savings plans that are qualified

 

 

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1tuition plans; qualified tax-advantaged savings programs that
2allow individuals to save for disability-related expenses;
3non-income producing trust holdings; or tangible personal
4property.
 
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 Elections, 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

 

 

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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 made
5at below market rates. For the purposes of Sections 4A-102 and
64A-103, "debt" does not include: (i) debts to or from financial
7institutions or government entities, such as mortgages,
8student loans, credit card debts, or loans secured by
9automobiles, 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 registered
13with the Illinois State Board of Elections or political
14committees, principal campaign committees, or authorized
15committees registered with the Federal Election Commission.
 
16    (5 ILCS 420/1-104.5 new)
17    Sec. 1-104.5. Diversified funds. "Diversified funds" means
18investment products, such as mutual funds, exchange traded
19funds, or unit investment trusts, that invest in a wide variety
20of securities.
 
21    (5 ILCS 420/1-105.2 new)
22    Sec. 1-105.2. Economic relationship. "Economic
23relationship" means, for the purposes of Sections 4A-102 and
244A-103, any joint or shared ownership interests in businesses

 

 

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1and creditor-debtor relationships with third parties, other
2than commercial lending institutions, where: (a) the filer is
3entitled to receive (i) more than 7.5% of the total
4distributable income, or (ii) an amount in excess of the salary
5of the Governor; or (b) the filer together with his or her
6spouse or minor children is entitled to receive (i) more than
715%, in the aggregate, of the total distributable income, or
8(ii) an amount in excess of 2 times the salary of the Governor.
 
9    (5 ILCS 420/1-105.3 new)
10    Sec. 1-105.3. Family. "Family" means, for the purposes of
11Sections 4A-102 and 4A-103, a filer's spouse, children,
12step-children, parents, step-parents, siblings, step-siblings,
13half-siblings, sons-in-law, daughters-in-law, grandfathers,
14grandmothers, grandsons, and granddaughters, as well as the
15father, mother, grandfather, and grandmother of the filer's
16spouse.
 
17    (5 ILCS 420/1-105.4 new)
18    Sec. 1-105.4. Immediate family. "Immediate family" means,
19for the purposes of Sections 4A-102 and 4A-103, family of the
20filer living in the filer's residence.
 
21    (5 ILCS 420/1-105.5 new)
22    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
23Section 4A-102 and 4A-103, a person required to file a

 

 

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

 

 

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1    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
2    Sec. 1-110. "Lobbyist" means an individual who is required
3to be registered to engage in lobbying activities pursuant to
4any statute, regulation, or ordinance adopted by a unit of
5government in the State of Illinois any person required to be
6registered under "An Act concerning lobbying and providing a
7penalty for violation thereof", approved July 10, 1957, as
8amended.
9(Source: Laws 1967, p. 3401.)
 
10    (5 ILCS 420/1-112.5 new)
11    Sec. 1-112.5. Personal residence. "Personal residence"
12means, for the purposes of Sections 4A-102 and 4A-103, a
13filer's primary home residence and any residential real
14property held by the filer and used by the filer for
15residential rather than commercial or income generating
16purposes.
 
17    (5 ILCS 420/1-113.6 new)
18    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
19funds or exchange traded funds invested in a particular
20industry or business.
 
21    (5 ILCS 420/1-113.7 new)
22    Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage,
23a party to a civil union, or a registered domestic partner.
 

 

 

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

 

 

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1        (4) each debtor of a debt in excess of $25,000 that,
2    during the preceding calendar year, was: (i) owed to the
3    filer, (ii) owed jointly to the filer with his or her
4    spouse, or (iii) owed jointly to the filer with his or her
5    minor child or children;
6        (5) each lobbyist known to the filer to be registered
7    with any unit of government in the State of Illinois: (i)
8    with whom the filer maintains an economic relationship, or
9    (ii) who is a member of the filer's immediate family; and
10        (6) each source and type of gift or gifts, or
11    honorarium or honoraria, valued singly or in the aggregate
12    in excess of $1,000 that was received during the preceding
13    calendar year.
14    For the purposes of this Section, the unit of local
15government in relation to which a person is required to file
16under item (o) of Section 4A-101 shall be the unit of local
17government that contributes to the pension fund of which such
18person is a member of the board.
19    The interest (if constructively controlled by the person
20making the statement) of a spouse or any other party, shall be
21considered to be the same as the interest of the person making
22the statement. Campaign receipts shall not be included in this
23statement.
24        (a) The following interests shall be listed by all
25    persons required to file:
26            (1) The name, address and type of practice of any

 

 

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1        professional organization or individual professional
2        practice in which the person making the statement was
3        an officer, director, associate, partner or
4        proprietor, or served in any advisory capacity, from
5        which income in excess of $1200 was derived during the
6        preceding calendar year;
7            (2) The nature of professional services (other
8        than services rendered to the unit or units of
9        government in relation to which the person is required
10        to file) and the nature of the entity to which they
11        were rendered if fees exceeding $5,000 were received
12        during the preceding calendar year from the entity for
13        professional services rendered by the person making
14        the statement.
15            (3) The identity (including the address or legal
16        description of real estate) of any capital asset from
17        which a capital gain of $5,000 or more was realized in
18        the preceding calendar year.
19            (4) The name of any unit of government which has
20        employed the person making the statement during the
21        preceding calendar year other than the unit or units of
22        government in relation to which the person is required
23        to file.
24            (5) The name of any entity from which a gift or
25        gifts, or honorarium or honoraria, valued singly or in
26        the aggregate in excess of $500, was received during

 

 

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1        the preceding calendar year.
2        (b) The following interests shall also be listed by
3    persons listed in items (a) through (f), item (l), item
4    (n), and item (p) of Section 4A-101:
5            (1) The name and instrument of ownership in any
6        entity doing business in the State of Illinois, in
7        which an ownership interest held by the person at the
8        date of filing is in excess of $5,000 fair market value
9        or from which dividends of in excess of $1,200 were
10        derived during the preceding calendar year. (In the
11        case of real estate, location thereof shall be listed
12        by street address, or if none, then by legal
13        description). No time or demand deposit in a financial
14        institution, nor any debt instrument need be listed;
15            (2) Except for professional service entities, the
16        name of any entity and any position held therein from
17        which income of in excess of $1,200 was derived during
18        the preceding calendar year, if the entity does
19        business in the State of Illinois. No time or demand
20        deposit in a financial institution, nor any debt
21        instrument need be listed.
22            (3) The identity of any compensated lobbyist with
23        whom the person making the statement maintains a close
24        economic association, including the name of the
25        lobbyist and specifying the legislative matter or
26        matters which are the object of the lobbying activity,

 

 

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1        and describing the general type of economic activity of
2        the client or principal on whose behalf that person is
3        lobbying.
4        (c) The following interests shall also be listed by
5    persons listed in items (g), (h), (i), and (o) of Section
6    4A-101:
7            (1) The name and instrument of ownership in any
8        entity doing business with a unit of local government
9        in relation to which the person is required to file if
10        the ownership interest of the person filing is greater
11        than $5,000 fair market value as of the date of filing
12        or if dividends in excess of $1,200 were received from
13        the entity during the preceding calendar year. (In the
14        case of real estate, location thereof shall be listed
15        by street address, or if none, then by legal
16        description). No time or demand deposit in a financial
17        institution, nor any debt instrument need be listed.
18            (2) Except for professional service entities, the
19        name of any entity and any position held therein from
20        which income in excess of $1,200 was derived during the
21        preceding calendar year if the entity does business
22        with a unit of local government in relation to which
23        the person is required to file. No time or demand
24        deposit in a financial institution, nor any debt
25        instrument need be listed.
26            (3) The name of any entity and the nature of the

 

 

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1        governmental action requested by any entity which has
2        applied to a unit of local government in relation to
3        which the person must file for any license, franchise
4        or permit for annexation, zoning or rezoning of real
5        estate during the preceding calendar year if the
6        ownership interest of the person filing is in excess of
7        $5,000 fair market value at the time of filing or if
8        income or dividends in excess of $1,200 were received
9        by the person filing from the entity during the
10        preceding calendar year.
11    For the purposes of this Section, the unit of local
12government in relation to which a person required to file under
13item (o) of Section 4A-101 shall be the unit of local
14government that contributes to the pension fund of which such
15person is a member of the board.
16(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
 
17    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
18    Sec. 4A-103. The statement of economic interests required
19by this Article to be filed with the Secretary of State or
20county clerk shall be filled in by typewriting or hand
21printing, shall be verified, dated, and signed by the person
22making the statement and shall contain substantially the
23following:
 
24
STATEMENT OF ECONOMIC INTERESTS

 

 

 

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1INSTRUCTIONS:
2    You may find the following documents helpful to you in
3completing this form:
4        (1) federal income tax returns, including any related
5    schedules, attachments, and forms; and
6        (2) investment and brokerage statements.
7    To complete this form, you do not need to disclose specific
8amounts or values or report interests relating either to
9political committees registered with the Illinois State Board
10of Elections or to political committees, principal campaign
11committees, or authorized committees registered with the
12Federal Election Commission.
13    The information you disclose will be available to the
14public.
15    You must answer all 6 questions. Certain questions will ask
16you to report any applicable assets or debts held in your name;
17held jointly with your spouse; or held jointly by you with your
18minor child. If you have any concerns about whether an interest
19should be reported, please consult your department's ethics
20officer, if applicable.
21    Please ensure that the information you provide is complete
22and accurate. If you need more space than the form allows,
23please attach additional pages for your response. If you are
24subject to the State Officials and Employees Ethics Act, your
25ethics officer must review your statement of economic interests

 

 

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1before you file it. Failure to complete the statement in good
2faith and within the prescribed deadline may subject you to
3fines, imprisonment, or both.
 
4BASIC INFORMATION:
5Name: .......................................................
6Job title:...................................................
7Office, department, or agency that requires you to file this
8form:........................................................
9Other offices, departments, or agencies that require you to
10file a Statement of Economic Interests form: ................
11Full mailing address: .......................................
12Preferred e-mail address (optional) .........................
 
13QUESTIONS:
14    1. If you have any single asset that was worth more than
15$25,000 as of the end of the preceding calendar year and is
16held in your name, held jointly by you with your spouse, or
17held jointly by you with your minor child, list such assets
18below. In the case of investment real estate, list the city and
19state where the investment real estate is located. If you do
20not have any such assets, list "none" below.
21.............................................................
22.............................................................
23.............................................................
24.............................................................

 

 

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1.............................................................
2    2. Excluding the position for which you are required to
3file this form, list the source of any income in excess of
4$10,000 in income as reported on your federal income tax return
5covering the preceding calendar year. If you sold an asset that
6produced more than $10,000 in capital gains in the preceding
7calendar year, list the name of the asset and the transaction
8date on which the sale or transfer took place. If you had no
9other sources of income exceeding $10,000, list "none" below.
 
10Source of Income / Name of Date Sold (if applicable)
11Asset
12............................... ...............................
13............................... ...............................
14............................... ...............................
15    3. Excluding debts incurred on terms available to the
16general public, such as mortgages, student loans, and credit
17card debts, if you owed any single debt in the preceding
18calendar year exceeding $25,000, list the creditor of the debt
19below. If you had no such debts, list "none" below.
20    List the creditor for all applicable debts owed by you,
21owed jointly by you with your spouse, or owed jointly by you
22with your minor child. In addition to the types of debts listed
23above, you do not need to report any debts to or from financial
24institutions or government agencies, such as debts secured by
25automobiles, household furniture or appliances, as long as the

 

 

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

 

 

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1or if a member of your immediate family is known to you to be a
2lobbyist registered with any unit of government in the State of
3Illinois, list the name of the lobbyist below and identify the
4nature of your relationship with the lobbyist. If you do not
5have an economic relationship with a lobbyist, list "none"
6below.
 
7Name of LobbyistRelationship to Filer
8............................... ...............................
9............................... ...............................
10............................... ...............................
11    6. List the name of any person, organization, or entity
12that was the source of a gift or gifts, or honorarium or
13honoraria, valued singly or in the aggregate in excess of
14$1,000 received during the preceding calendar year.
15.............................................................
16.............................................................
17.............................................................
 
18VERIFICATION:
19    "I declare that this statement of economic interests
20(including any attachments) has been examined by me and to the
21best of my knowledge and belief is a true, correct and complete
22statement of my economic interests as required by the Illinois
23Governmental Ethics Act. I understand that the penalty for
24willfully filing a false or incomplete statement is a fine not

 

 

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1to exceed $2,500 or imprisonment in a penal institution other
2than the penitentiary not to exceed one year, or both fine and
3imprisonment."
4Printed Name of Filer........................................
5Date.........................................................
6Signature....................................................
 
7If this statement of economic interests requires ethics officer
8review prior to filing, the applicable ethics officer must
9complete the following:
 
10CERTIFICATION OF ETHICS OFFICER REVIEW:
11    "In accordance with law, as Ethics Officer, I reviewed this
12statement of economic interests prior to its filing."
 
13Printed Name of Ethics Officer...............................
14Date.........................................................
15Signature....................................................
16Preferred e-mail address (optional) .........................
17
STATEMENT OF ECONOMIC INTEREST
18
(TYPE OR HAND PRINT)
19.............................................................
20(name)
21.............................................................
22(each office or position of employment for which this statement
23is filed)

 

 

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

 

 

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

 

 

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1activity of the client or principal on whose behalf that person
2is lobbying.
3LobbyistLegislative MatterClient or Principal
4.............................................................
5.............................................................
6    6. List the name of any entity doing business in the State
7of Illinois from which income in excess of $1,200 was derived
8during the preceding calendar year other than for professional
9services and the title or description of any position held in
10that entity. (In the case of real estate, location thereof
11shall be listed by street address, or if none, then by legal
12description). No time or demand deposit in a financial
13institution nor any debt instrument need be listed.
14EntityPosition Held
15..............................................................
16..............................................................
17..............................................................
18    7. List the name of any unit of government which employed
19the person making the statement during the preceding calendar
20year other than the unit or units of government in relation to
21which the person is required to file.
22.............................................................
23.............................................................
24    8. List the name of any entity from which a gift or gifts,
25or honorarium or honoraria, valued singly or in the aggregate
26in excess of $500, was received during the preceding calendar

 

 

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1year.
2.............................................................
3VERIFICATION:
4    "I declare that this statement of economic interests
5(including any accompanying schedules and statements) has been
6examined by me and to the best of my knowledge and belief is a
7true, correct and complete statement of my economic interests
8as required by the Illinois Governmental Ethics Act. I
9understand that the penalty for willfully filing a false or
10incomplete statement shall be a fine not to exceed $1,000 or
11imprisonment in a penal institution other than the penitentiary
12not to exceed one year, or both fine and imprisonment."
13................ ..........................................
14(date of filing) (signature of person making the statement)
15(Source: P.A. 95-173, eff. 1-1-08.)
 
16    (5 ILCS 420/4A-108)
17    Sec. 4A-108. Internet-based systems of filing.
18    (a) Notwithstanding any other provision of this Act or any
19other law, the Secretary of State and county clerks are
20authorized to institute an Internet-based system for the filing
21of statements of economic interests in their offices. With
22respect to county clerk systems, the determination to institute
23such a system shall be in the sole discretion of the county
24clerk and shall meet the requirements set out in this Section.
25With respect to a Secretary of State system, the determination

 

 

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1to institute such a system shall be in the sole discretion of
2the Secretary of State and shall meet the requirements set out
3in this Section and those Sections of the State Officials and
4Employees Ethics Act requiring ethics officer review prior to
5filing. The system shall be capable of allowing an ethics
6officer to approve a statement of economic interests and shall
7include a means to amend a statement of economic interests.
8When this Section does not modify or remove the requirements
9set forth elsewhere in this Article, those requirements shall
10apply to any system of Internet-based filing authorized by this
11Section. When this Section does modify or remove the
12requirements set forth elsewhere in this Article, the
13provisions of this Section shall apply to any system of
14Internet-based filing authorized by this Section.
15    (b) In any system of Internet-based filing of statements of
16economic interests instituted by the Secretary of State or a
17county clerk:
18        (1) Any filing of an Internet-based statement of
19    economic interests shall be the equivalent of the filing of
20    a verified, written statement of economic interests as
21    required by Section 4A-101 and the equivalent of the filing
22    of a verified, dated, and signed statement of economic
23    interests as required by Section 4A-103 4A-104.
24        (2) The Secretary of State and county clerks who
25    institute a system of Internet-based filing of statements
26    of economic interests shall establish a password-protected

 

 

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1    website to receive the filings of such statements. A
2    website established under this Section shall set forth and
3    provide a means of responding to the items set forth in
4    Section 4A-103 4A-102 that are required of a person who
5    files a statement of economic interests with that officer.
6    A website established under this Section shall set forth
7    and provide a means of generating a printable receipt page
8    acknowledging filing.
9        (3) The times for the filing of statements of economic
10    interests set forth in Section 4A-105 shall be followed in
11    any system of Internet-based filing of statements of
12    economic interests; provided that a candidate for elective
13    office who is required to file a statement of economic
14    interests in relation to his or her candidacy pursuant to
15    Section 4A-105(a) shall not use the Internet to file his or
16    her statement of economic interests but shall file his or
17    her statement of economic interests in a written or printed
18    form and shall receive a written or printed receipt for his
19    or her filing.
20        A candidate filing for Governor, Lieutenant Governor,
21    Attorney General, Secretary of State, Treasurer,
22    Comptroller, State Senate, State House of Representatives,
23    Supreme Court Judge, appellate court judge, or circuit
24    court judge shall not use the Internet to file his or her
25    statement of economic interests, but shall file his or her
26    statement of economic interests in a written or printed

 

 

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

 

 

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1        (5) When a person required to file a statement of
2    economic interests has supplied the Secretary of State or a
3    county clerk, as applicable, with an email address for the
4    purpose of receiving notices under this Article by email, a
5    notice sent by email to the supplied email address shall be
6    the equivalent of a notice sent by first class mail, as set
7    forth in Section 4A-106. A person who has supplied such an
8    email address shall notify the Secretary of State or county
9    clerk, as applicable, when his or her email address changes
10    or if he or she no longer wishes to receive notices by
11    email.
12        (6) If any person who is required to file a statement
13    of economic interests and who has chosen to receive notices
14    by email fails to file his or her statement by May 10, then
15    the Secretary of State or county clerk, as applicable,
16    shall send an additional email notice on that date,
17    informing the person that he or she has not filed and
18    describing the penalties for late filing and failing to
19    file. This notice shall be in addition to other notices
20    provided for in this Article.
21        (7) The Secretary of State and each county clerk who
22    institutes a system of Internet-based filing of statements
23    of economic interests may also institute an Internet-based
24    process for the filing of the list of names and addresses
25    of persons required to file statements of economic
26    interests by the chief administrative officers that must

 

 

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1    file such information with the Secretary of State or county
2    clerk, as applicable, pursuant to Section 4A-106. Whenever
3    the Secretary of State or a county clerk institutes such a
4    system under this paragraph, every chief administrative
5    officer must use the system to file this information.
6        (8) The Secretary of State and any county clerk who
7    institutes a system of Internet-based filing of statements
8    of economic interests shall post the contents of such
9    statements filed with him or her available for inspection
10    and copying on a publicly accessible website. Such postings
11    shall not include the addresses or signatures of the
12    filers.
13(Source: P.A. 99-108, eff. 7-22-15.)
 
14    (5 ILCS 420/4A-104 rep.)
15    Section 10. The Illinois Governmental Ethics Act is amended
16by repealing Section 4A-104.
 
17    Section 15. The Lobbyist Registration Act is amended by
18changing Section 6 as follows:
 
19    (25 ILCS 170/6)  (from Ch. 63, par. 176)
20    Sec. 6. Reports.
21    (a) Lobbyist reports. Except as otherwise provided in this
22Section, every lobbyist registered under this Act who is solely
23employed by a lobbying entity shall file an affirmation,

 

 

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1verified under oath pursuant to Section 1-109 of the Code of
2Civil Procedure, with the Secretary of State attesting to the
3accuracy of any reports filed pursuant to subsection (b) as
4those reports pertain to work performed by the lobbyist. Any
5lobbyist registered under this Act who is not solely employed
6by a lobbying entity shall personally file reports required of
7lobbying entities pursuant to subsection (b). A lobbyist may,
8if authorized so to do by a lobbying entity by whom he or she is
9employed or retained, file lobbying entity reports pursuant to
10subsection (b) provided that the lobbying entity may delegate
11the filing of the lobbying entity report to only one lobbyist
12in any reporting period.
13    (b) Lobbying entity reports. Every lobbying entity
14registered under this Act shall report expenditures related to
15lobbying. The report shall itemize each individual expenditure
16or transaction and shall include the name of the official on
17whose behalf the expenditure was made, the name of the client
18if the expenditure was made on behalf of a client, the total
19amount of the expenditure, a description of the expenditure,
20the vendor or purveyor to whom the expenditure was made
21(including the address or location of the expenditure), the
22date on which the expenditure occurred and the subject matter
23of the lobbying activity, if any. For those expenditures made
24on behalf of a client, if the client is a client registrant,
25the report shall also include the name and address of the
26client or clients of the client registrant or the official or

 

 

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1officials on whose behalf the expenditure ultimately was made.
2Each expenditure required to be reported shall include all
3expenses made for or on behalf of an official or his or her
4immediate family member living with the official.
5    (b-1) The report shall include any change or addition to
6the client list information, required in Section 5 for
7registration, since the last report, including the names and
8addresses of all clients who retained the lobbying entity
9together with an itemized description for each client of the
10following: (1) lobbying regarding executive action, including
11the name of any executive agency lobbied and the subject
12matter; (2) lobbying regarding legislative action, including
13the General Assembly and any other agencies lobbied and the
14subject matter; and (3) lobbying regarding administrative
15action, including the agency lobbied and the subject matter.
16Registrants who made no reportable expenditures during a
17reporting period shall file a report stating that no
18expenditures were incurred.
19    (b-2) Expenditures attributable to lobbying officials
20shall be listed and reported according to the following
21categories:
22        (1) Travel and lodging on behalf of others, including,
23    but not limited to, all travel and living accommodations
24    made for or on behalf of State officials during sessions of
25    the General Assembly.
26        (2) Meals, beverages and other entertainment.

 

 

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1        (3) Gifts (indicating which, if any, are on the basis
2    of personal friendship).
3        (4) Honoraria.
4        (5) Any other thing or service of value not listed
5    under categories (1) through (4), setting forth a
6    description of the expenditure. The category travel and
7    lodging includes, but is not limited to, all travel and
8    living accommodations made for or on behalf of State
9    officials in the State capital during sessions of the
10    General Assembly.
11    (b-3) If expenditures are Expenditures incurred for
12hosting receptions, benefits, and other large gatherings held
13for purposes of goodwill or otherwise to influence executive,
14legislative, or administrative action and if the total number
15of State officials invited to such an event is equal to or
16greater than the number of State legislators in the smaller
17minority caucus of either the House of Representatives or the
18Senate, as defined in the rules of those chambers, then to
19which there are 25 or more State officials invited shall be
20reported listing only the total amount of the expenditure, the
21date of the event, and the estimated number of officials in
22attendance shall be reported.
23    (b-7) Matters excluded from reports. The following items
24need not be included in the report:
25        (1) Reasonable and bona fide expenditures made by the
26    registrant who is a member of a legislative or State study

 

 

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1    commission or committee while attending and participating
2    in meetings and hearings of such commission or committee.
3        (2) Reasonable and bona fide expenditures made by the
4    registrant for personal sustenance, lodging, travel,
5    office expenses and clerical or support staff.
6        (3) Salaries, fees, and other compensation paid to the
7    registrant for the purposes of lobbying.
8        (4) Any contributions required to be reported under
9    Article 9 of the Election Code.
10        (5) Expenditures made by a registrant on behalf of an
11    official that are returned or reimbursed prior to the
12    deadline for submission of the report.
13    (c) A registrant who terminates employment or duties which
14required him or her to register under this Act shall give the
15Secretary of State, within 30 days after the date of such
16termination, written notice of such termination and shall
17include therewith a report of the expenditures described
18herein, covering the period of time since the filing of his or
19her last report to the date of termination of employment. Such
20notice and report shall be final and relieve such registrant of
21further reporting under this Act, unless and until he or she
22later takes employment or assumes duties requiring him or her
23to again register under this Act.
24    (d) Failure to file any such report within the time
25designated or the reporting of incomplete information shall
26constitute a violation of this Act.

 

 

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1    A registrant shall preserve for a period of 2 years all
2receipts and records used in preparing reports under this Act.
3    (e) Within 30 days after a filing deadline or as provided
4by rule, the lobbyist shall notify each official on whose
5behalf an expenditure has been reported. Notification shall
6include the name of the registrant, the total amount of the
7expenditure, a description of the expenditure, the date on
8which the expenditure occurred, and the subject matter of the
9lobbying activity.
10    (f) A report for the period beginning January 1, 2010 and
11ending on June 30, 2010 shall be filed no later than July 15,
122010, and a report for the period beginning July 1, 2010 and
13ending on December 31, 2010 shall be filed no later than
14January 15, 2011. Beginning January 1, 2011, reports shall be
15filed semi-monthly as follows: (i) for the period beginning the
16first day of the month through the 15th day of the month, the
17report shall be filed no later than the 20th day of the month
18and (ii) for the period beginning on the 16th day of the month
19through the last day of the month, the report shall be filed no
20later than the 5th day of the following month. A report filed
21under this Act is due in the Office of the Secretary of State
22no later than the close of business on the date on which it is
23required to be filed.
24    (g) All reports filed under this Act shall be filed in a
25format or on forms prescribed by the Secretary of State.
26(Source: P.A. 98-459, eff. 1-1-14.)
 

 

 

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1    Section 98. Applicability. The provisions of this
2amendatory Act of the 100th General Assembly concerning
3statements of economic interests shall apply to statements of
4economic interests filed in 2019 and for each year thereafter.
5Any statement of economic interest filed prior to 2019 shall
6apply the law in effect before the effective date of this
7amendatory Act of the 100th General Assembly.
 
8    Section 99. Effective date. This Act takes effect January
91, 2018, except that Section 15 and this Section take effect
10upon becoming law.