Full Text of SB1784 101st General Assembly
SB1784eng 101ST GENERAL ASSEMBLY |
| | SB1784 Engrossed | | LRB101 11042 RJF 56246 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Sections 4A-101, 4A-102, 4A-105, 4A-106, 4A-107, | 6 | | and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5 as | 7 | | follows: | 8 | | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 9 | | Sec. 4A-101. Persons required to file with the Secretary of | 10 | | State . The following persons shall file
verified written | 11 | | statements of economic interests with the Secretary of State , | 12 | | as provided in this Article:
| 13 | | (a) Members of the General Assembly and candidates for | 14 | | nomination or
election to the General Assembly.
| 15 | | (b) Persons holding an elected office in the Executive | 16 | | Branch of this
State, and candidates for nomination or | 17 | | election to these offices.
| 18 | | (c) Members of a Commission or Board created by the | 19 | | Illinois Constitution,
and candidates for nomination or | 20 | | election to such Commission or Board.
| 21 | | (d) Persons whose appointment to office is subject to | 22 | | confirmation by
the Senate and persons appointed by the | 23 | | Governor to any other position on a board or commission |
| | | SB1784 Engrossed | - 2 - | LRB101 11042 RJF 56246 b |
|
| 1 | | described in subsection (a) of Section 15 of the | 2 | | Gubernatorial Boards and Commissions Act.
| 3 | | (e) Holders of, and candidates for nomination or | 4 | | election to, the office
of judge or associate judge of the | 5 | | Circuit Court and the office of judge of
the Appellate or | 6 | | Supreme Court.
| 7 | | (f) Persons who are employed by any branch, agency, | 8 | | authority or board
of the government of this State, | 9 | | including but not limited to, the Illinois
State Toll | 10 | | Highway Authority, the Illinois Housing Development | 11 | | Authority,
the Illinois Community College Board, and | 12 | | institutions under the
jurisdiction of the Board of | 13 | | Trustees
of the University of Illinois, Board of Trustees | 14 | | of Southern Illinois
University, Board of Trustees of | 15 | | Chicago State University,
Board of Trustees of Eastern | 16 | | Illinois University, Board of Trustees of Governors
| 17 | | Governor's State University, Board of Trustees of Illinois | 18 | | State University,
Board of Trustees of Northeastern | 19 | | Illinois University, Board of Trustees of
Northern | 20 | | Illinois University, Board of Trustees of Western Illinois
| 21 | | University, or Board of Trustees of the Illinois | 22 | | Mathematics and Science
Academy, and are compensated for | 23 | | services as employees and not as
independent contractors | 24 | | and who:
| 25 | | (1) are, or function as, the head of a department, | 26 | | commission, board,
division, bureau, authority or |
| | | SB1784 Engrossed | - 3 - | LRB101 11042 RJF 56246 b |
|
| 1 | | other administrative unit within the
government of | 2 | | this State, or who exercise similar authority within | 3 | | the
government of this State;
| 4 | | (2) have direct supervisory authority over, or | 5 | | direct responsibility for
the formulation, | 6 | | negotiation, issuance or execution of contracts | 7 | | entered into
by the State in the amount of $5,000 or | 8 | | more;
| 9 | | (3) have authority for the issuance or | 10 | | promulgation of rules and
regulations within areas | 11 | | under the authority of the State;
| 12 | | (4) have authority for the approval of | 13 | | professional licenses;
| 14 | | (5) have responsibility with respect to the | 15 | | financial inspection
of regulated nongovernmental | 16 | | entities;
| 17 | | (6) adjudicate, arbitrate, or decide any judicial | 18 | | or administrative
proceeding, or review the | 19 | | adjudication, arbitration or decision of any judicial
| 20 | | or administrative proceeding within the authority of | 21 | | the State;
| 22 | | (7) have supervisory responsibility for 20 or more | 23 | | employees of the
State;
| 24 | | (8) negotiate, assign, authorize, or grant naming | 25 | | rights or sponsorship rights regarding any property or | 26 | | asset of the State, whether real, personal, tangible, |
| | | SB1784 Engrossed | - 4 - | LRB101 11042 RJF 56246 b |
|
| 1 | | or intangible; or
| 2 | | (9) have responsibility with respect to the | 3 | | procurement of goods or services. | 4 | | (f-5) Members of the board of commissioners of any | 5 | | flood prevention district created under the Flood | 6 | | Prevention District Act or the Beardstown Regional Flood | 7 | | Prevention District Act. | 8 | | (g) (Blank). Persons who are elected to office in a | 9 | | unit of local government,
and candidates for nomination or | 10 | | election to that office, including regional
| 11 | | superintendents of school districts.
| 12 | | (h) (Blank). Persons appointed to the governing board | 13 | | of a unit of local
government, or of a special district, | 14 | | and persons appointed to a zoning
board, or zoning board of | 15 | | appeals, or to a regional, county, or municipal
plan | 16 | | commission, or to a board of review of any county, and | 17 | | persons
appointed to the Board of the Metropolitan Pier and | 18 | | Exposition Authority
and any Trustee appointed under | 19 | | Section 22 of the Metropolitan Pier and
Exposition | 20 | | Authority Act, and persons appointed to a board or | 21 | | commission of
a unit of local government who have authority | 22 | | to authorize the expenditure of
public funds. This | 23 | | subsection does not apply to members of boards or
| 24 | | commissions who function in an advisory capacity.
| 25 | | (i) (Blank). Persons who are employed by a unit of | 26 | | local government and are
compensated for services as |
| | | SB1784 Engrossed | - 5 - | LRB101 11042 RJF 56246 b |
|
| 1 | | employees and not as independent contractors and
who:
| 2 | | (1) are, or function as, the head of a department, | 3 | | division, bureau,
authority or other administrative | 4 | | unit within the unit of local
government, or who | 5 | | exercise similar authority within the unit of local
| 6 | | government;
| 7 | | (2) have direct supervisory authority over, or | 8 | | direct responsibility for
the formulation, | 9 | | negotiation, issuance or execution of contracts | 10 | | entered into
by the unit of local government in the | 11 | | amount of $1,000 or greater;
| 12 | | (3) have authority to approve licenses
and permits | 13 | | by the unit of local government; this item does not | 14 | | include
employees who function in a ministerial | 15 | | capacity;
| 16 | | (4) adjudicate, arbitrate, or decide any judicial | 17 | | or administrative
proceeding, or review the | 18 | | adjudication, arbitration or decision of any judicial
| 19 | | or administrative proceeding within the authority of | 20 | | the unit of local
government;
| 21 | | (5) have authority to issue or promulgate rules and | 22 | | regulations within
areas under the authority of the | 23 | | unit of local government; or
| 24 | | (6) have supervisory responsibility for 20 or more | 25 | | employees of the
unit of local government.
| 26 | | (j) Persons on the Board of Trustees of the Illinois |
| | | SB1784 Engrossed | - 6 - | LRB101 11042 RJF 56246 b |
|
| 1 | | Mathematics and
Science Academy.
| 2 | | (k) (Blank). Persons employed by a school district in | 3 | | positions that
require that
person to hold an | 4 | | administrative or a chief school business official
| 5 | | endorsement.
| 6 | | (l) Special government agents. A "special government | 7 | | agent" is a
person who is directed, retained, designated, | 8 | | appointed, or
employed, with or without compensation, by or | 9 | | on behalf of a
statewide executive branch constitutional | 10 | | officer to make an ex
parte communication under Section | 11 | | 5-50 of the State Officials and
Employees Ethics Act or | 12 | | Section 5-165 of the Illinois
Administrative Procedure | 13 | | Act.
| 14 | | (m) (Blank). Members of the board of commissioners of | 15 | | any flood prevention district created under the Flood | 16 | | Prevention District Act or the Beardstown Regional Flood | 17 | | Prevention District Act. | 18 | | (n) Members of the board of any retirement system or | 19 | | investment board established under the Illinois Pension | 20 | | Code, if not required to file under any other provision of | 21 | | this Section. | 22 | | (o) (Blank). Members of the board of any pension fund | 23 | | established under the Illinois Pension Code, if not | 24 | | required to file under any other provision of this Section. | 25 | | (p) Members of the investment advisory panel created | 26 | | under Section 20 of the Illinois Prepaid Tuition Act. |
| | | SB1784 Engrossed | - 7 - | LRB101 11042 RJF 56246 b |
|
| 1 | | This Section shall not be construed to prevent any unit of | 2 | | local government
from enacting financial disclosure | 3 | | requirements that mandate
more information
than required by | 4 | | this Act.
| 5 | | (Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, | 6 | | eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; | 7 | | 97-754, eff. 7-6-12; revised 10-10-18.)
| 8 | | (5 ILCS 420/4A-101.5 new) | 9 | | Sec. 4A-101.5. Persons required to file with the county | 10 | | clerk. The following persons shall file verified written | 11 | | statements of economic interests with the county clerk, as | 12 | | provided in this Article: | 13 | | (a) Persons who are elected to office in a unit of local | 14 | | government, and candidates for nomination or election to that | 15 | | office, including regional superintendents of school | 16 | | districts. | 17 | | (b) Persons appointed to the governing board of a unit of | 18 | | local government, or of a special district, and persons | 19 | | appointed to a zoning board, or zoning board of appeals, or to | 20 | | a regional, county, or municipal plan commission, or to a board | 21 | | of review of any county, and persons appointed to the Board of | 22 | | the Metropolitan Pier and Exposition Authority and any Trustee | 23 | | appointed under Section 22 of the Metropolitan Pier and | 24 | | Exposition Authority Act, and persons appointed to a board or | 25 | | commission of a unit of local government who have authority to |
| | | SB1784 Engrossed | - 8 - | LRB101 11042 RJF 56246 b |
|
| 1 | | authorize the expenditure of public funds. This subsection (b) | 2 | | does not apply to members of boards or commissions who function | 3 | | in an advisory capacity. | 4 | | (c) Persons who are employed by a unit of local government | 5 | | and are compensated for services as employees and not as | 6 | | independent contractors, and who: | 7 | | (1) are, or function as, the head of a department, | 8 | | division, bureau, authority, or other administrative unit | 9 | | within the unit of local government, or who exercise | 10 | | similar authority within the unit of local government; | 11 | | (2) have direct supervisory authority over, or direct | 12 | | responsibility for the formulation, negotiation, issuance, | 13 | | or execution of contracts entered into by the unit of local | 14 | | government in the amount of $1,000 or greater; | 15 | | (3) have authority to approve licenses and permits by | 16 | | the unit of local government, but not including employees | 17 | | who function in a ministerial capacity; | 18 | | (4) adjudicate, arbitrate, or decide any judicial or | 19 | | administrative proceeding, or review the adjudication, | 20 | | arbitration, or decision of any judicial or administrative | 21 | | proceeding within the authority of the unit of local | 22 | | government; | 23 | | (5) have authority to issue or adopt rules and | 24 | | regulations within areas under the authority of the unit of | 25 | | local government; or | 26 | | (6) have supervisory responsibility for 20 or more |
| | | SB1784 Engrossed | - 9 - | LRB101 11042 RJF 56246 b |
|
| 1 | | employees of the unit of local government. | 2 | | (d) Persons employed by a school district in positions that | 3 | | require that person to hold an administrative or a chief school | 4 | | business official endorsement. | 5 | | (e) Members of the board of any pension fund established | 6 | | under the Illinois Pension Code, if not required to file under | 7 | | any other provision of this Section. | 8 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| 9 | | Sec. 4A-102. The statement of economic interests required | 10 | | by this Article
shall include the economic interests of the | 11 | | person making the statement as
provided in this Section. The | 12 | | interest (if constructively controlled by the
person making the | 13 | | statement) of a spouse or any other party, shall be
considered | 14 | | to be the same as the interest of the person making the
| 15 | | statement. Campaign receipts shall not be included in this | 16 | | statement.
| 17 | | (a) The following interests shall be listed by all | 18 | | persons required to
file:
| 19 | | (1) The name, address and type of practice of any | 20 | | professional
organization or individual professional | 21 | | practice in which the person making
the statement was | 22 | | an officer, director, associate, partner or | 23 | | proprietor,
or served in any advisory capacity, from | 24 | | which income in excess of $1200
was derived during the | 25 | | preceding calendar year;
|
| | | SB1784 Engrossed | - 10 - | LRB101 11042 RJF 56246 b |
|
| 1 | | (2) The nature of professional services (other | 2 | | than services rendered to
the unit or units of | 3 | | government in relation to which the person is required
| 4 | | to file)
and the nature of the entity to which they | 5 | | were rendered if fees exceeding
$5,000 were received | 6 | | during the preceding calendar year from the entity for
| 7 | | professional services rendered by the person making | 8 | | the statement.
| 9 | | (3) The identity (including the address or legal | 10 | | description of real
estate) of any capital asset from | 11 | | which a capital gain of $5,000 or more
was realized in | 12 | | the preceding calendar year.
| 13 | | (4) The name of any unit of government which has | 14 | | employed the person
making the statement during the | 15 | | preceding calendar year other than the unit
or units of | 16 | | government in relation to which the person is required | 17 | | to file.
| 18 | | (5) The name of any entity from which a gift or | 19 | | gifts, or honorarium or
honoraria, valued singly or in | 20 | | the aggregate in excess of $500, was
received during | 21 | | the preceding calendar year.
| 22 | | (b) The following interests shall also be listed by | 23 | | persons listed in
items (a) through (f), item (l), item | 24 | | (n), and item (p) of Section 4A-101:
| 25 | | (1) The name and instrument of ownership in any | 26 | | entity doing business in
the State of Illinois, in |
| | | SB1784 Engrossed | - 11 - | LRB101 11042 RJF 56246 b |
|
| 1 | | which an ownership interest held by the person at
the | 2 | | date of filing is in excess of $5,000 fair market value | 3 | | or from which
dividends of in excess of $1,200 were | 4 | | derived during the preceding calendar
year. (In the | 5 | | case of real estate, location thereof shall be listed | 6 | | by
street address, or if none, then by legal | 7 | | description). No time or demand
deposit in a financial | 8 | | institution, nor any debt instrument need be listed;
| 9 | | (2) Except for professional service entities, the | 10 | | name of any entity and
any position held therein from | 11 | | which income of in excess of $1,200 was
derived during | 12 | | the preceding calendar year, if the entity does | 13 | | business in
the State of Illinois. No time or demand | 14 | | deposit in a financial
institution, nor any debt | 15 | | instrument need be listed.
| 16 | | (3) The identity of any compensated lobbyist with | 17 | | whom the person making
the statement maintains a close | 18 | | economic association, including the name of
the | 19 | | lobbyist and specifying the legislative matter or | 20 | | matters which are the
object of the lobbying activity, | 21 | | and describing the general type of
economic activity of | 22 | | the client or principal on whose behalf that person is
| 23 | | lobbying.
| 24 | | (c) The following interests shall also be listed by | 25 | | persons listed in
items (a) through (c) and item (e) (g), | 26 | | (h), (i), and (o) of Section 4A-101.5 4A-101 :
|
| | | SB1784 Engrossed | - 12 - | LRB101 11042 RJF 56246 b |
|
| 1 | | (1) The name and instrument of ownership in any | 2 | | entity doing business
with a unit of local government | 3 | | in relation to which the person is
required to file if | 4 | | the ownership interest of the person filing is greater
| 5 | | than $5,000 fair market value as of the date of filing | 6 | | or if dividends in
excess of $1,200 were received from | 7 | | the entity during the preceding
calendar year. (In the | 8 | | case of real estate, location thereof shall be
listed | 9 | | by street address, or if none, then by legal | 10 | | description). No time
or demand deposit in a financial | 11 | | institution, nor any debt instrument need
be listed.
| 12 | | (2) Except for professional service entities, the | 13 | | name of any entity and
any position held therein from | 14 | | which income in excess of $1,200 was derived
during the | 15 | | preceding calendar year if the entity does business | 16 | | with a
unit of local government in relation to which | 17 | | the person is required to
file. No time or demand | 18 | | deposit in a financial institution, nor any debt
| 19 | | instrument need be listed.
| 20 | | (3) The name of any entity and the nature of the | 21 | | governmental action
requested by any entity which has | 22 | | applied to a unit of local
government
in relation to | 23 | | which the person must file for any license, franchise | 24 | | or
permit for annexation, zoning or rezoning of real | 25 | | estate during the
preceding calendar year if the | 26 | | ownership interest of the person filing is
in excess of |
| | | SB1784 Engrossed | - 13 - | LRB101 11042 RJF 56246 b |
|
| 1 | | $5,000 fair market value at the time of filing or if | 2 | | income or
dividends in excess of $1,200 were received | 3 | | by the person filing from the
entity during the | 4 | | preceding calendar year.
| 5 | | For the purposes of this Section, the unit of local | 6 | | government in relation to which a person required to file under | 7 | | item (e) (o) of Section 4A-101.5 4A-101 shall be the unit of | 8 | | local government that contributes to the pension fund of which | 9 | | such person is a member of the board. | 10 | | (Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
| 11 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 12 | | Sec. 4A-105. Time for filing. Except as provided in | 13 | | Section 4A-106.1, by
May 1 of each year a statement must be | 14 | | filed by each person
whose position at that time subjects him | 15 | | to the filing requirements of Section
4A-101 or 4A-101.5 unless | 16 | | he has already filed a statement in relation to the same unit | 17 | | of
government in that calendar year.
| 18 | | Statements must also be filed as follows:
| 19 | | (a) A candidate for elective office shall file his | 20 | | statement not later
than the end of the period during which | 21 | | he can take the action necessary
under the laws of this | 22 | | State to attempt to qualify for nomination, election, or
| 23 | | retention to such office if he has not filed a statement in | 24 | | relation to the
same unit of government within a year | 25 | | preceding such action.
|
| | | SB1784 Engrossed | - 14 - | LRB101 11042 RJF 56246 b |
|
| 1 | | (b) A person whose appointment to office is subject to | 2 | | confirmation by
the Senate shall file his statement at the | 3 | | time his name is submitted to
the Senate for confirmation.
| 4 | | (b-5) A special government agent, as defined in
item | 5 | | (1) of Section 4A-101 of this Act, shall file a statement | 6 | | within 30 days
after
making the first ex parte | 7 | | communication and each May 1 thereafter if he or she
has | 8 | | made an ex parte communication within the previous 12 | 9 | | months.
| 10 | | (c) Any other person required by this Article to file | 11 | | the statement
shall file a statement at the time of his or | 12 | | her initial appointment or
employment in relation to that | 13 | | unit of government if appointed or employed by
May 1.
| 14 | | If any person who is required to file a statement of | 15 | | economic interests
fails to file such statement by May 1 of any | 16 | | year, the officer with whom
such statement is to be filed under | 17 | | Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days | 18 | | after May 1, notify such person by certified mail of his or
her | 19 | | failure to file by the specified date. Except as may be | 20 | | prescribed by
rule of the Secretary of State, such person shall | 21 | | file his or
her statement of economic interests on or before | 22 | | May 15 with the
appropriate officer, together with a $15 late | 23 | | filing fee. Any such person
who fails to file by May 15 shall | 24 | | be subject to a penalty of $100 for each
day from May 16 to the | 25 | | date of filing, which shall be in addition to the $15
late | 26 | | filing fee specified above. Failure to file by May 31 shall |
| | | SB1784 Engrossed | - 15 - | LRB101 11042 RJF 56246 b |
|
| 1 | | result in a
forfeiture in accordance with Section 4A-107 of | 2 | | this Act.
| 3 | | Any person who takes office or otherwise becomes required | 4 | | to file a
statement of economic interests within 30 days prior | 5 | | to May 1 of any year
may file his or her statement at any time | 6 | | on or before May 31 without
penalty. If such person fails to | 7 | | file such statement by May 31, the
officer with whom such | 8 | | statement is to be filed under Section 4A-106 or 4A-106.5 of
| 9 | | this Act shall, within 7 days after May 31, notify such person | 10 | | by certified
mail of his or her failure to file by the | 11 | | specified date. Such person
shall file his or her statement of | 12 | | economic interests on or before June 15 with
the appropriate | 13 | | officer, together with a $15 late filing fee. Any such
person | 14 | | who fails to file by June 15 shall be subject to a penalty of | 15 | | $100
per day for each day from June 16 to the date of filing, | 16 | | which shall be in
addition to the $15 late filing fee specified | 17 | | above. Failure to file by June
30 shall result in a forfeiture | 18 | | in accordance with Section 4A-107 of this Act.
| 19 | | All late filing fees and penalties collected pursuant to | 20 | | this Section
shall be paid into the General Revenue Fund in the | 21 | | State treasury, if the
Secretary of State receives such | 22 | | statement for filing, or into the general
fund in the county | 23 | | treasury, if the county clerk receives such statement
for | 24 | | filing. The Attorney General, with respect to the State, and | 25 | | the
several State's Attorneys, with respect to counties, shall | 26 | | take appropriate
action to collect the prescribed penalties.
|
| | | SB1784 Engrossed | - 16 - | LRB101 11042 RJF 56246 b |
|
| 1 | | Failure to file a statement of economic interests within | 2 | | the time
prescribed shall not result in a fine or ineligibility | 3 | | for, or forfeiture of,
office or position of employment, as the | 4 | | case may be; provided that the failure
to file results from not | 5 | | being included for notification by the appropriate
agency, | 6 | | clerk, secretary, officer or unit of government, as the case | 7 | | may be,
and that a statement is filed within 30 days of actual | 8 | | notice of the failure to
file.
| 9 | | Beginning with statements required to be filed on or after | 10 | | May 1, 2009, the officer with whom a statement is to be filed | 11 | | may, in his or her discretion, waive the late filing fee, the | 12 | | monetary late filing penalty, and the ineligibility for or | 13 | | forfeiture of office or position for failure to file when the | 14 | | person's late filing of a statement or failure to file a | 15 | | statement is due to his or her (i) serious or catastrophic | 16 | | illness that renders the person temporarily incapable of | 17 | | completing the statement or (ii) military service. | 18 | | (Source: P.A. 96-550, eff. 8-17-09.)
| 19 | | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| 20 | | Sec. 4A-106. Persons filing statements with Secretary of | 21 | | State; notice; certification of list of names; alphabetical | 22 | | list; receipt; examination and copying of statements. The | 23 | | statements of economic interests required of persons
listed in | 24 | | items (a) through (f), item (j), item (l), item (n), and item | 25 | | (p) of
Section 4A-101 shall be
filed with the Secretary of |
| | | SB1784 Engrossed | - 17 - | LRB101 11042 RJF 56246 b |
|
| 1 | | State. The statements of economic interests
required of persons | 2 | | listed in items (g), (h), (i), (k), and (o) of
Section
4A-101 | 3 | | shall be filed with the county clerk of the county in which the
| 4 | | principal office of the unit of local government with which the | 5 | | person is
associated is located. If it is not apparent which | 6 | | county the principal office
of a unit of local government is | 7 | | located, the chief administrative officer, or
his or her | 8 | | designee, has the authority, for purposes of this Act, to | 9 | | determine
the county in which the principal office is located. | 10 | | On or before February 1
annually, (1) the chief administrative | 11 | | officer of any State agency in the
executive, legislative, or | 12 | | judicial branch employing persons required to file
under item | 13 | | (f) or item (l) of Section
4A-101 and the chief administrative | 14 | | officer of a board or panel described in item (n) or (p) of | 15 | | Section 4A-101 shall certify to the Secretary of State the | 16 | | names and mailing addresses
of those persons , and (2) the chief | 17 | | administrative officer, or his or her
designee, of each unit of | 18 | | local government with persons described in items (h),
(i) and | 19 | | (k) and a board described in item (o) of Section 4A-101 shall | 20 | | certify to the appropriate county clerk a
list of names and | 21 | | addresses of persons described in items (h), (i),
(k), and (o) | 22 | | of
Section 4A-101 that are required to file . In preparing the | 23 | | lists, each chief
administrative officer, or his or her | 24 | | designee, shall set out the names in
alphabetical order.
| 25 | | On or before April 1 annually, the Secretary of State shall | 26 | | notify (1)
all persons whose names have been certified to him |
| | | SB1784 Engrossed | - 18 - | LRB101 11042 RJF 56246 b |
|
| 1 | | under items (f),
(l), (n), and (p) of
Section 4A-101, and (2) | 2 | | all persons described in items (a) through (e) and
item (j) of | 3 | | Section 4A-101, other than candidates for office who have filed
| 4 | | their statements with their nominating petitions, of the | 5 | | requirements for
filing statements of economic interests.
A | 6 | | person required to file with the Secretary of State by virtue | 7 | | of more than
one position as listed in Section 4A-101, and | 8 | | filing his or her statement of economic interests in writing, | 9 | | rather than through the Internet-based system, item among items | 10 | | (a) through (f) and items (j), (l), (n), and (p)
shall be | 11 | | notified of and is
required
to file only one statement of | 12 | | economic interests relating to all items under
which the person | 13 | | is required to file with the Secretary of State.
| 14 | | On or before April 1 annually, the county clerk of each | 15 | | county shall
notify all persons whose names have been certified | 16 | | to him under items (g),
(h), (i), (k), and (o) of Section | 17 | | 4A-101, other than candidates
for office who have filed their | 18 | | statements with their nominating petitions, of
the | 19 | | requirements for filing statements of economic interests.
A | 20 | | person required to file with a county clerk by virtue of more | 21 | | than one item
among items (g), (h), (i), (k), and (o) shall be | 22 | | notified of and is
required to
file only one statement of | 23 | | economic interests relating to all items under which
the person | 24 | | is required to file with that county clerk.
| 25 | | Except as provided in Section 4A-106.1, the notices | 26 | | provided for in this
Section shall be in writing and deposited |
| | | SB1784 Engrossed | - 19 - | LRB101 11042 RJF 56246 b |
|
| 1 | | in
the U.S. Mail, properly addressed, first class postage | 2 | | prepaid, on or before
the day required by this Section for the | 3 | | sending of the notice. Alternatively, a county clerk may send | 4 | | the notices electronically to all persons whose names have been | 5 | | thus certified to him under item (h), (i), or (k) of Section | 6 | | 4A-101. A certificate
executed by the Secretary of State or | 7 | | county clerk attesting that he or she has sent
the notice by | 8 | | the means permitted by this Section constitutes prima facie | 9 | | evidence thereof.
| 10 | | From the lists certified to him under this Section of | 11 | | persons described in
items (g), (h), (i), (k), and (o) of | 12 | | Section 4A-101, the clerk
of each county shall
compile an | 13 | | alphabetical listing of persons required to file statements of
| 14 | | economic interests in his office under any of those items. As | 15 | | the
statements are filed in his office, the county clerk shall | 16 | | cause the fact
of that filing to be indicated on the | 17 | | alphabetical listing of persons who
are required to file | 18 | | statements. Within 30 days after the due dates, the county
| 19 | | clerk shall mail to the State Board of Elections a true copy of | 20 | | that listing
showing those who have filed statements.
| 21 | | The county clerk of each county shall note upon the | 22 | | alphabetical listing
the names of all persons required to file | 23 | | a statement of economic interests
who failed to file a | 24 | | statement on or before May 1. It shall be the duty of
the | 25 | | several county clerks to give notice as provided in Section | 26 | | 4A-105 to
any person who has failed to file his or her |
| | | SB1784 Engrossed | - 20 - | LRB101 11042 RJF 56246 b |
|
| 1 | | statement with the clerk on or
before May 1.
| 2 | | Any person who files or has filed a statement of economic | 3 | | interest
under this Section Act is entitled to receive from the | 4 | | Secretary of State or county
clerk, as the case may be, a | 5 | | receipt indicating that the person has filed
such a statement, | 6 | | the date of such filing, and the identity of the
governmental | 7 | | unit or units in relation to which the filing is required.
| 8 | | The Secretary of State may employ such employees and | 9 | | consultants
as he considers necessary to carry out his duties | 10 | | hereunder, and may
prescribe their duties, fix their | 11 | | compensation, and provide for
reimbursement of their expenses.
| 12 | | All statements of economic interests filed under this | 13 | | Section shall be
available for examination and copying by the | 14 | | public at all reasonable times.
Not later than 12 months after | 15 | | the effective date of this amendatory Act of
the 93rd General | 16 | | Assembly, beginning with statements filed in calendar year
| 17 | | 2004, the Secretary of State shall make statements of economic | 18 | | interests filed
with the Secretary available for inspection and | 19 | | copying via the Secretary's
website.
| 20 | | (Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754, | 21 | | eff. 7-6-12.)
| 22 | | (5 ILCS 420/4A-106.5 new) | 23 | | Sec. 4A-106.5. Persons filing statements with county | 24 | | clerk; notice; certification of list of names; alphabetical | 25 | | list; receipt; examination and copying of statements. The |
| | | SB1784 Engrossed | - 21 - | LRB101 11042 RJF 56246 b |
|
| 1 | | statements of economic interests required of persons listed in | 2 | | Section 4A-101.5 shall be filed with the county clerk of the | 3 | | county in which the principal office of the unit of local | 4 | | government with which the person is associated is located. If | 5 | | it is not apparent which county the principal office of a unit | 6 | | of local government is located, the chief administrative | 7 | | officer, or his or her designee, has the authority, for | 8 | | purposes of this Act, to determine the county in which the | 9 | | principal office is located. The chief administrative officer, | 10 | | or his or her designee, of each unit of local government with | 11 | | persons described in Section 4A-101.5 shall certify to the | 12 | | appropriate county clerk a list of names and addresses of | 13 | | persons that are required to file. In preparing the lists, each | 14 | | chief administrative officer, or his or her designee, shall set | 15 | | out the names in alphabetical order. | 16 | | On or before April 1 annually, the county clerk of each | 17 | | county shall notify all persons whose names have been certified | 18 | | to him under Section 4A-101.5, other than candidates for office | 19 | | who have filed their statements with their nominating | 20 | | petitions, of the requirements for filing statements of | 21 | | economic interests. A person required to file with a county | 22 | | clerk by virtue of more than one item among items set forth in | 23 | | Section 4A-101.5 shall be notified of and is required to file | 24 | | only one statement of economic interests relating to all items | 25 | | under which the person is required to file with that county | 26 | | clerk. |
| | | SB1784 Engrossed | - 22 - | LRB101 11042 RJF 56246 b |
|
| 1 | | Except as provided in Section 4A-106.1, the notices | 2 | | provided for in this Section shall be in writing and deposited | 3 | | in the U.S. Mail, properly addressed, first class postage | 4 | | prepaid, on or before the day required by this Section for the | 5 | | sending of the notice. Alternatively, a county clerk may send | 6 | | the notices electronically to all persons whose names have been | 7 | | thus certified to him. A certificate executed by a county clerk | 8 | | attesting that he or she has sent the notice by the means | 9 | | permitted by this Section constitutes prima facie evidence | 10 | | thereof. | 11 | | From the lists certified to him or her under this Section | 12 | | of persons described in Section 4A-101.5, the clerk of each | 13 | | county shall compile an alphabetical listing of persons | 14 | | required to file statements of economic interests in his or her | 15 | | office under any of those items. As the statements are filed in | 16 | | his or her office, the county clerk shall cause the fact of | 17 | | that filing to be indicated on the alphabetical listing of | 18 | | persons who are required to file statements. Within 30 days | 19 | | after the due dates, the county clerk shall mail to the State | 20 | | Board of Elections a true copy of that listing showing those | 21 | | who have filed statements. | 22 | | The county clerk of each county shall note upon the | 23 | | alphabetical listing the names of all persons required to file | 24 | | a statement of economic interests who failed to file a | 25 | | statement on or before May 1. It shall be the duty of the | 26 | | several county clerks to give notice as provided in Section |
| | | SB1784 Engrossed | - 23 - | LRB101 11042 RJF 56246 b |
|
| 1 | | 4A-105 to any person who has failed to file his or her | 2 | | statement with the clerk on or before May 1. | 3 | | Any person who files or has filed a statement of economic | 4 | | interest under this Section is entitled to receive from the | 5 | | county clerk a receipt indicating that the person has filed | 6 | | such a statement, the date of such filing, and the identity of | 7 | | the governmental unit or units in relation to which the filing | 8 | | is required. | 9 | | All statements of economic interests filed under this | 10 | | Section shall be available for examination and copying by the | 11 | | public at all reasonable times. | 12 | | (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
| 13 | | Sec. 4A-107. Any person required to file a statement of | 14 | | economic interests
under this Article who willfully files a | 15 | | false or incomplete statement shall be
guilty of a Class A | 16 | | misdemeanor.
| 17 | | Except when the fees and penalties for late filing have | 18 | | been waived under Section 4A-105, failure to file a statement | 19 | | within the time prescribed shall result in
ineligibility for, | 20 | | or forfeiture of, office or position of employment, as
the case | 21 | | may be; provided, however, that if the notice of failure to
| 22 | | file a statement of economic interests provided in Section | 23 | | 4A-105 of this
Act is not given by the Secretary of State or | 24 | | the county clerk, as the case
may be, no forfeiture shall | 25 | | result if a statement is filed within 30 days
of actual notice |
| | | SB1784 Engrossed | - 24 - | LRB101 11042 RJF 56246 b |
|
| 1 | | of the failure to file. The Secretary of State shall provide | 2 | | the Attorney General with the names of persons who failed to | 3 | | file a statement. The county clerk shall provide the State's | 4 | | Attorney of the county of the entity for which the filing of | 5 | | statement of economic interest is required with the name of | 6 | | persons who failed to file a statement.
| 7 | | The Attorney General, with respect to offices or positions | 8 | | described in
items (a) through (f) and items (j), (l), (n), and | 9 | | (p) of Section 4A-101 of this
Act, or the State's
Attorney of | 10 | | the county of the entity for which the filing of statements of
| 11 | | economic interests is required, with respect to offices or | 12 | | positions
described in items (a) through (e) (g) through (i), | 13 | | item (k), and item (o) of
Section 4A-101.5
4A-101 of this Act ,
| 14 | | shall bring an action in quo warranto against any person who | 15 | | has failed to file
by either May 31 or June 30 of any given year | 16 | | and for whom the fees and penalties for late filing have not | 17 | | been waived under Section 4A-105.
| 18 | | (Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, | 19 | | eff. 7-2-10; 97-754, eff. 7-6-12.)
| 20 | | (5 ILCS 420/4A-108) | 21 | | Sec. 4A-108. Internet-based systems of filing. | 22 | | (a) Notwithstanding any other provision of this Act or any | 23 | | other law, the Secretary of State and county clerks are | 24 | | authorized to institute an Internet-based system for the filing | 25 | | of statements of economic interests in their offices. With |
| | | SB1784 Engrossed | - 25 - | LRB101 11042 RJF 56246 b |
|
| 1 | | respect to county clerk systems, the determination to institute | 2 | | such a system shall be in the sole discretion of the county | 3 | | clerk and shall meet the requirements set out in this Section. | 4 | | With respect to a Secretary of State system, the determination | 5 | | to institute such a system shall be in the sole discretion of | 6 | | the Secretary of State and shall meet the requirements set out | 7 | | in this Section and those Sections of the State Officials and | 8 | | Employees Ethics Act requiring ethics officer review prior to | 9 | | filing. The system shall be capable of allowing an ethics | 10 | | officer to approve a statement of economic interests and shall | 11 | | include a means to amend a statement of economic interests. | 12 | | When this Section does not modify or remove the requirements | 13 | | set forth elsewhere in this Article, those requirements shall | 14 | | apply to any system of Internet-based filing authorized by this | 15 | | Section. When this Section does modify or remove the | 16 | | requirements set forth elsewhere in this Article, the | 17 | | provisions of this Section shall apply to any system of | 18 | | Internet-based filing authorized by this Section. | 19 | | (b) In any system of Internet-based filing of statements of | 20 | | economic interests instituted by the Secretary of State or a | 21 | | county clerk: | 22 | | (1) Any filing of an Internet-based statement of | 23 | | economic interests shall be the equivalent of the filing of | 24 | | a verified, written statement of economic interests as | 25 | | required by Section 4A-101 or 4A-101.5 and the equivalent | 26 | | of the filing of a verified, dated, and signed statement of |
| | | SB1784 Engrossed | - 26 - | LRB101 11042 RJF 56246 b |
|
| 1 | | economic interests as required by Section 4A-104. | 2 | | (2) The Secretary of State and county clerks who | 3 | | institute a system of Internet-based filing of statements | 4 | | of economic interests shall establish a password-protected | 5 | | website to receive the filings of such statements. A | 6 | | website established under this Section shall set forth and | 7 | | provide a means of responding to the items set forth in | 8 | | Section 4A-102 that are required of a person who files a | 9 | | statement of economic interests with that officer. A | 10 | | website established under this Section shall set forth and | 11 | | provide a means of generating a printable receipt page | 12 | | acknowledging filing. | 13 | | (3) The times for the filing of statements of economic | 14 | | interests set forth in Section 4A-105 shall be followed in | 15 | | any system of Internet-based filing of statements of | 16 | | economic interests; provided that a candidate for elective | 17 | | office who is required to file a statement of economic | 18 | | interests in relation to his or her candidacy pursuant to | 19 | | Section 4A-105(a) shall receive a written or printed | 20 | | receipt for his or her filing. | 21 | | A candidate filing for Governor, Lieutenant Governor, | 22 | | Attorney General, Secretary of State, Treasurer, | 23 | | Comptroller, State Senate, or State House of | 24 | | Representatives shall not use the Internet to file his or | 25 | | her statement of economic interests, but shall file his or | 26 | | her statement of economic interests in a written or printed |
| | | SB1784 Engrossed | - 27 - | LRB101 11042 RJF 56246 b |
|
| 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. |
| | | SB1784 Engrossed | - 28 - | LRB101 11042 RJF 56246 b |
|
| 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 or 4A-106.5 . A person who has | 8 | | supplied such an email address shall notify the Secretary | 9 | | of State or county clerk, as applicable, when his or her | 10 | | email address changes or if he or she no longer wishes to | 11 | | receive notices by 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 |
| | | SB1784 Engrossed | - 29 - | LRB101 11042 RJF 56246 b |
|
| 1 | | file such information with the Secretary of State or county | 2 | | clerk, as applicable, pursuant to Section 4A-106 or | 3 | | 4A-106.5 . Whenever the Secretary of State or a county clerk | 4 | | institutes such a system under this paragraph, every chief | 5 | | administrative officer must use the system to file this | 6 | | information. | 7 | | (8) The Secretary of State and any county clerk who | 8 | | institutes a system of Internet-based filing of statements | 9 | | of economic interests shall post the contents of such | 10 | | statements filed with him or her available for inspection | 11 | | and copying on a publicly accessible website. Such postings | 12 | | shall not include the addresses or signatures of the | 13 | | filers.
| 14 | | (9) A person required to file with the Secretary of | 15 | | State by virtue of more than one position as listed in | 16 | | Section 4A-101, and filing his or her statement of economic | 17 | | interests through the Internet-based system, shall be | 18 | | required to file an economic interest statement for each | 19 | | relevant position for which the person is required to file | 20 | | with the Secretary of State. | 21 | | (c) Each ethics officer or administrator of each person | 22 | | required to file with the Secretary of State may require | 23 | | employees to file his or her statement of economic interests | 24 | | electronically using the Internet-based system. | 25 | | (Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19 .) |
| | | SB1784 Engrossed | - 30 - | LRB101 11042 RJF 56246 b |
|
| 1 | | Section 10. The State Officials and Employees Ethics Act is | 2 | | amended by changing Section 20-23 as follows: | 3 | | (5 ILCS 430/20-23)
| 4 | | Sec. 20-23. Ethics Officers.
Each officer and the head of | 5 | | each State agency
under the jurisdiction of the
Executive | 6 | | Ethics Commission shall designate an Ethics
Officer for the | 7 | | office or State agency. The board of each Regional Transit | 8 | | Board shall designate an Ethics Officer.
Ethics Officers shall:
| 9 | | (1) act as liaisons between the State agency or | 10 | | Regional Transit Board and the appropriate Executive
| 11 | | Inspector General and between the State agency or Regional | 12 | | Transit Board and the Executive Ethics
Commission;
| 13 | | (2) review statements of economic interest and | 14 | | disclosure forms of
officers, senior employees, and | 15 | | contract monitors before they are filed with
the Secretary | 16 | | of State if statements of economic interest are filed by | 17 | | hard copy. If the statements of economic interest are filed | 18 | | online, the Ethics Officer shall review statements of | 19 | | economic interest and disclosure forms of officers, senior | 20 | | employees, and contract monitors within 15 days after the | 21 | | filing deadline ; and
| 22 | | (3) provide guidance to officers and employees in the | 23 | | interpretation and
implementation of this Act, which the | 24 | | officer or employee may in good faith
rely upon. Such | 25 | | guidance shall be based, wherever possible,
upon legal |
| | | SB1784 Engrossed | - 31 - | LRB101 11042 RJF 56246 b |
|
| 1 | | precedent in court decisions, opinions of the Attorney | 2 | | General, and
the findings and opinions of the Executive | 3 | | Ethics Commission.
| 4 | | (Source: P.A. 96-1528, eff. 7-1-11 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|