SB1784 EngrossedLRB101 11042 RJF 56246 b



1 AN ACT concerning government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Governmental Ethics Act is amended 
5by changing Sections 4A-101, 4A-102, 4A-105, 4A-106, 4A-107, 
6and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5 as 
7follows:

8 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
9 Sec. 4A-101. Persons required to file with the Secretary of 
10State.  The following persons shall file
verified written 
11statements of economic interests with the Secretary of State, 
12as 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 
 
 
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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 
 
 
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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, 
 
 
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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 
 
 
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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 
 
 
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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. 
 
 
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1 This Section shall not be construed to prevent any unit of 
2local government
from enacting financial disclosure 
3requirements that mandate
more information
than required by 
4this Act.


5(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, 
6eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; 
797-754, 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 
10clerk. The following persons shall file verified written 
11statements of economic interests with the county clerk, as 
12provided in this Article:
13 (a) Persons who are elected to office in a unit of local 
14government, and candidates for nomination or election to that 
15office, including regional superintendents of school 
16districts.
17 (b) Persons appointed to the governing board of a unit of 
18local government, or of a special district, and persons 
19appointed to a zoning board, or zoning board of appeals, or to 
20a regional, county, or municipal plan commission, or to a board 
21of review of any county, and persons appointed to the Board of 
22the Metropolitan Pier and Exposition Authority and any Trustee 
23appointed under Section 22 of the Metropolitan Pier and 
24Exposition Authority Act, and persons appointed to a board or 
25commission of a unit of local government who have authority to 
 
 
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1authorize the expenditure of public funds. This subsection (b) 
2does not apply to members of boards or commissions who function 
3in an advisory capacity.
4 (c) Persons who are employed by a unit of local government 
5and are compensated for services as employees and not as 
6independent 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 
 
 
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1 employees of the unit of local government.
2 (d) Persons employed by a school district in positions that 
3require that person to hold an administrative or a chief school 
4business official endorsement.
5 (e) Members of the board of any pension fund established 
6under the Illinois Pension Code, if not required to file under 
7any 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 
10by this Article
shall include the economic interests of the 
11person making the statement as
provided in this Section. The 
12interest (if constructively controlled by the
person making the 
13statement) of a spouse or any other party, shall be
considered 
14to be the same as the interest of the person making the

15statement. Campaign receipts shall not be included in this 
16statement.


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;


 
 
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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 
 
 
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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:


 
 
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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 
 
 
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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 
6government in relation to which a person required to file under 
7item (e) (o) of Section 4A-101.5 4A-101 shall be the unit of 
8local government that contributes to the pension fund of which 
9such 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 
13Section 4A-106.1, by
May 1 of each year a statement must be 
14filed by each person
whose position at that time subjects him 
15to the filing requirements of Section
4A-101 or 4A-101.5 unless 
16he has already filed a statement in relation to the same unit 
17of
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.


 
 
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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 
15economic interests
fails to file such statement by May 1 of any 
16year, the officer with whom
such statement is to be filed under 
17Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days 
18after May 1, notify such person by certified mail of his or
her 
19failure to file by the specified date. Except as may be 
20prescribed by
rule of the Secretary of State, such person shall 
21file his or
her statement of economic interests on or before 
22May 15 with the
appropriate officer, together with a $15 late 
23filing fee. Any such person
who fails to file by May 15 shall 
24be subject to a penalty of $100 for each
day from May 16 to the 
25date of filing, which shall be in addition to the $15
late 
26filing fee specified above. Failure to file by May 31 shall 
 
 
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1result in a
forfeiture in accordance with Section 4A-107 of 
2this Act.


3 Any person who takes office or otherwise becomes required 
4to file a
statement of economic interests within 30 days prior 
5to May 1 of any year
may file his or her statement at any time 
6on or before May 31 without
penalty. If such person fails to 
7file such statement by May 31, the
officer with whom such 
8statement is to be filed under Section 4A-106 or 4A-106.5 of

9this Act shall, within 7 days after May 31, notify such person 
10by certified
mail of his or her failure to file by the 
11specified date. Such person
shall file his or her statement of 
12economic interests on or before June 15 with
the appropriate 
13officer, together with a $15 late filing fee. Any such
person 
14who 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, 
16which shall be in
addition to the $15 late filing fee specified 
17above. Failure to file by June
30 shall result in a forfeiture 
18in accordance with Section 4A-107 of this Act.


19 All late filing fees and penalties collected pursuant to 
20this Section
shall be paid into the General Revenue Fund in the 
21State treasury, if the
Secretary of State receives such 
22statement for filing, or into the general
fund in the county 
23treasury, if the county clerk receives such statement
for 
24filing. The Attorney General, with respect to the State, and 
25the
several State's Attorneys, with respect to counties, shall 
26take appropriate
action to collect the prescribed penalties.


 
 
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1 Failure to file a statement of economic interests within 
2the time
prescribed shall not result in a fine or ineligibility 
3for, or forfeiture of,
office or position of employment, as the 
4case may be; provided that the failure
to file results from not 
5being included for notification by the appropriate
agency, 
6clerk, secretary, officer or unit of government, as the case 
7may be,
and that a statement is filed within 30 days of actual 
8notice of the failure to
file.


9 Beginning with statements required to be filed on or after 
10May 1, 2009, the officer with whom a statement is to be filed 
11may, in his or her discretion, waive the late filing fee, the 
12monetary late filing penalty, and the ineligibility for or 
13forfeiture of office or position for failure to file when the 
14person's late filing of a statement or failure to file a 
15statement is due to his or her (i) serious or catastrophic 
16illness that renders the person temporarily incapable of 
17completing 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 
21State; notice; certification of list of names; alphabetical 
22list; receipt; examination and copying of statements. The 
23statements of economic interests required of persons
listed in 
24items (a) through (f), item (j), item (l), item (n), and item 
25(p) of
Section 4A-101 shall be
filed with the Secretary of 
 
 
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1State. The statements of economic interests
required of persons 
2listed in items (g), (h), (i), (k), and (o) of
Section
4A-101 
3shall be filed with the county clerk of the county in which the

4principal office of the unit of local government with which the 
5person is
associated is located. If it is not apparent which 
6county the principal office
of a unit of local government is 
7located, the chief administrative officer, or
his or her 
8designee, has the authority, for purposes of this Act, to 
9determine
the county in which the principal office is located. 
10On or before February 1
annually, (1) the chief administrative 
11officer of any State agency in the
executive, legislative, or 
12judicial branch employing persons required to file
under item 
13(f) or item (l) of Section
4A-101 and the chief administrative 
14officer of a board or panel described in item (n) or (p) of 
15Section 4A-101 shall certify to the Secretary of State the 
16names and mailing addresses
of those persons, and (2) the chief 
17administrative officer, or his or her
designee, of each unit of 
18local government with persons described in items (h),
(i) and 
19(k) and a board described in item (o) of Section 4A-101 shall 
20certify to the appropriate county clerk a
list of names and 
21addresses of persons described in items (h), (i),
(k), and (o) 
22of
Section 4A-101 that are required to file. In preparing the 
23lists, each chief
administrative officer, or his or her 
24designee, shall set out the names in
alphabetical order.


25 On or before April 1 annually, the Secretary of State shall 
26notify (1)
all persons whose names have been certified to him 
 
 
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1under items (f),
(l), (n), and (p) of
Section 4A-101, and (2) 
2all persons described in items (a) through (e) and
item (j) of 
3Section 4A-101, other than candidates for office who have filed

4their statements with their nominating petitions, of the 
5requirements for
filing statements of economic interests.
A 
6person required to file with the Secretary of State by virtue 
7of more than
one position as listed in Section 4A-101, and 
8filing his or her statement of economic interests in writing, 
9rather than through the Internet-based system, item among items 
10(a) through (f) and items (j), (l), (n), and (p)
shall be 
11notified of and is
required
to file only one statement of 
12economic interests relating to all items under
which the person 
13is required to file with the Secretary of State.


14 On or before April 1 annually, the county clerk of each 
15county shall
notify all persons whose names have been certified 
16to him under items (g),
(h), (i), (k), and (o) of Section 
174A-101, other than candidates
for office who have filed their 
18statements with their nominating petitions, of
the 
19requirements for filing statements of economic interests.
A 
20person required to file with a county clerk by virtue of more 
21than one item
among items (g), (h), (i), (k), and (o) shall be 
22notified of and is
required to
file only one statement of 
23economic interests relating to all items under which
the person 
24is required to file with that county clerk.


25 Except as provided in Section 4A-106.1, the notices 
26provided for in this
Section shall be in writing and deposited 
 
 
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1in
the U.S. Mail, properly addressed, first class postage 
2prepaid, on or before
the day required by this Section for the 
3sending of the notice. Alternatively, a county clerk may send 
4the notices electronically to all persons whose names have been 
5thus certified to him under item (h), (i), or (k) of Section 
64A-101. A certificate
executed by the Secretary of State or 
7county clerk attesting that he or she has sent
the notice by 
8the means permitted by this Section constitutes prima facie 
9evidence thereof.


10 From the lists certified to him under this Section of 
11persons described in
items (g), (h), (i), (k), and (o) of 
12Section 4A-101, the clerk
of each county shall
compile an 
13alphabetical listing of persons required to file statements of

14economic interests in his office under any of those items. As 
15the
statements are filed in his office, the county clerk shall 
16cause the fact
of that filing to be indicated on the 
17alphabetical listing of persons who
are required to file 
18statements. Within 30 days after the due dates, the county

19clerk shall mail to the State Board of Elections a true copy of 
20that listing
showing those who have filed statements.


21 The county clerk of each county shall note upon the 
22alphabetical listing
the names of all persons required to file 
23a statement of economic interests
who failed to file a 
24statement on or before May 1. It shall be the duty of
the 
25several county clerks to give notice as provided in Section 
264A-105 to
any person who has failed to file his or her 
 
 
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1statement with the clerk on or
before May 1.


2 Any person who files or has filed a statement of economic 
3interest
under this Section Act is entitled to receive from the 
4Secretary of State or county
clerk, as the case may be, a 
5receipt indicating that the person has filed
such a statement, 
6the date of such filing, and the identity of the
governmental 
7unit or units in relation to which the filing is required.


8 The Secretary of State may employ such employees and 
9consultants
as he considers necessary to carry out his duties 
10hereunder, and may
prescribe their duties, fix their 
11compensation, and provide for
reimbursement of their expenses.


12 All statements of economic interests filed under this 
13Section shall be
available for examination and copying by the 
14public at all reasonable times.
Not later than 12 months after 
15the effective date of this amendatory Act of
the 93rd General 
16Assembly, beginning with statements filed in calendar year

172004, the Secretary of State shall make statements of economic 
18interests filed
with the Secretary available for inspection and 
19copying via the Secretary's
website.

20(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754, 
21eff. 7-6-12.)


22 (5 ILCS 420/4A-106.5 new)
23 Sec. 4A-106.5. Persons filing statements with county 
24clerk; notice; certification of list of names; alphabetical 
25list; receipt; examination and copying of statements. The 
 
 
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1statements of economic interests required of persons listed in 
2Section 4A-101.5 shall be filed with the county clerk of the 
3county in which the principal office of the unit of local 
4government with which the person is associated is located. If 
5it is not apparent which county the principal office of a unit 
6of local government is located, the chief administrative 
7officer, or his or her designee, has the authority, for 
8purposes of this Act, to determine the county in which the 
9principal office is located. The chief administrative officer, 
10or his or her designee, of each unit of local government with 
11persons described in Section 4A-101.5 shall certify to the 
12appropriate county clerk a list of names and addresses of 
13persons that are required to file. In preparing the lists, each 
14chief administrative officer, or his or her designee, shall set 
15out the names in alphabetical order.
16 On or before April 1 annually, the county clerk of each 
17county shall notify all persons whose names have been certified 
18to him under Section 4A-101.5, other than candidates for office 
19who have filed their statements with their nominating 
20petitions, of the requirements for filing statements of 
21economic interests. A person required to file with a county 
22clerk by virtue of more than one item among items set forth in 
23Section 4A-101.5 shall be notified of and is required to file 
24only one statement of economic interests relating to all items 
25under which the person is required to file with that county 
26clerk.
 
 
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1 Except as provided in Section 4A-106.1, the notices 
2provided for in this Section shall be in writing and deposited 
3in the U.S. Mail, properly addressed, first class postage 
4prepaid, on or before the day required by this Section for the 
5sending of the notice. Alternatively, a county clerk may send 
6the notices electronically to all persons whose names have been 
7thus certified to him. A certificate executed by a county clerk 
8attesting that he or she has sent the notice by the means 
9permitted by this Section constitutes prima facie evidence 
10thereof.
11 From the lists certified to him or her under this Section 
12of persons described in Section 4A-101.5, the clerk of each 
13county shall compile an alphabetical listing of persons 
14required to file statements of economic interests in his or her 
15office under any of those items. As the statements are filed in 
16his or her office, the county clerk shall cause the fact of 
17that filing to be indicated on the alphabetical listing of 
18persons who are required to file statements. Within 30 days 
19after the due dates, the county clerk shall mail to the State 
20Board of Elections a true copy of that listing showing those 
21who have filed statements.
22 The county clerk of each county shall note upon the 
23alphabetical listing the names of all persons required to file 
24a statement of economic interests who failed to file a 
25statement on or before May 1. It shall be the duty of the 
26several county clerks to give notice as provided in Section 
 
 
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14A-105 to any person who has failed to file his or her 
2statement with the clerk on or before May 1.
3 Any person who files or has filed a statement of economic 
4interest under this Section is entitled to receive from the 
5county clerk a receipt indicating that the person has filed 
6such a statement, the date of such filing, and the identity of 
7the governmental unit or units in relation to which the filing 
8is required.
9 All statements of economic interests filed under this 
10Section shall be available for examination and copying by the 
11public 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 
14economic interests
under this Article who willfully files a 
15false or incomplete statement shall be
guilty of a Class A 
16misdemeanor.


17 Except when the fees and penalties for late filing have 
18been waived under Section 4A-105, failure to file a statement 
19within the time prescribed shall result in
ineligibility for, 
20or forfeiture of, office or position of employment, as
the case 
21may be; provided, however, that if the notice of failure to

22file a statement of economic interests provided in Section 
234A-105 of this
Act is not given by the Secretary of State or 
24the county clerk, as the case
may be, no forfeiture shall 
25result if a statement is filed within 30 days
of actual notice 
 
 
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1of the failure to file. The Secretary of State shall provide 
2the Attorney General with the names of persons who failed to 
3file a statement. The county clerk shall provide the State's 
4Attorney of the county of the entity for which the filing of 
5statement of economic interest is required with the name of 
6persons who failed to file a statement.


7 The Attorney General, with respect to offices or positions 
8described 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 
10the county of the entity for which the filing of statements of

11economic interests is required, with respect to offices or 
12positions
described in items (a) through (e) (g) through (i), 
13item (k), and item (o) of
Section 4A-101.5
4A-101 of this Act,

14shall bring an action in quo warranto against any person who 
15has failed to file
by either May 31 or June 30 of any given year 
16and for whom the fees and penalties for late filing have not 
17been waived under Section 4A-105.


18(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, 
19eff. 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 
23other law, the Secretary of State and county clerks are 
24authorized to institute an Internet-based system for the filing 
25of statements of economic interests in their offices. With 
 
 
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1respect to county clerk systems, the determination to institute 
2such a system shall be in the sole discretion of the county 
3clerk and shall meet the requirements set out in this Section. 
4With respect to a Secretary of State system, the determination 
5to institute such a system shall be in the sole discretion of 
6the Secretary of State and shall meet the requirements set out 
7in this Section and those Sections of the State Officials and 
8Employees Ethics Act requiring ethics officer review prior to 
9filing. The system shall be capable of allowing an ethics 
10officer to approve a statement of economic interests and shall 
11include a means to amend a statement of economic interests. 
12When this Section does not modify or remove the requirements 
13set forth elsewhere in this Article, those requirements shall 
14apply to any system of Internet-based filing authorized by this 
15Section. When this Section does modify or remove the 
16requirements set forth elsewhere in this Article, the 
17provisions of this Section shall apply to any system of 
18Internet-based filing authorized by this Section.
19 (b) In any system of Internet-based filing of statements of 
20economic interests instituted by the Secretary of State or a 
21county 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 
 
 
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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 
 
 
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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 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 
 
 
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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 
22required to file with the Secretary of State may require 
23employees to file his or her statement of economic interests 
24electronically using the Internet-based system. 
25(Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19.)

 
 
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1 Section 10. The State Officials and Employees Ethics Act is 
2amended 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 
5each State agency
under the jurisdiction of the
Executive 
6Ethics Commission shall designate an Ethics
Officer for the 
7office or State agency. The board of each Regional Transit 
8Board 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 
 
 
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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 
6becoming law.