Bill Text: IL SB1480 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Governmental Ethics Act. Provides that all questions must be answered on the statement of economic interest. Provides that the Secretary of State shall neither accept a statement of economic interest for filing nor issue a receipt indicating that the statement has been filed unless the statement is verified, dated, and signed by the person making the statement and all questions on the statement are answered. Provides that the county clerk shall neither accept a statement of economic interest for filing nor issue a receipt indicating that a statement has been filed unless the statement is verified, dated, and signed by the person making the statement and all questions on the statement are answered.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1480 Detail]

Download: Illinois-2023-SB1480-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1480

Introduced 2/7/2023, by Sen. Ann Gillespie

SYNOPSIS AS INTRODUCED:
5 ILCS 420/4A-103 from Ch. 127, par. 604A-103
5 ILCS 420/4A-106 from Ch. 127, par. 604A-106
5 ILCS 420/4A-106.5

Amends the Illinois Governmental Ethics Act. Provides that all questions must be answered on the statement of economic interest. Provides that the Secretary of State shall neither accept a statement of economic interest for filing nor issue a receipt indicating that the statement has been filed unless the statement is verified, dated, and signed by the person making the statement and all questions on the statement are answered. Provides that the county clerk shall neither accept a statement of economic interest for filing nor issue a receipt indicating that a statement has been filed unless the statement is verified, dated, and signed by the person making the statement and all questions on the statement are answered.
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A BILL FOR

SB1480LRB103 29268 DTM 55655 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 4A-103, 4A-106, and 4A-106.5 as follows:
6 (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
7 Sec. 4A-103. The statement of economic interests required
8by this Article to be filed with the Secretary of State or
9county clerk shall be verified, dated, and signed by the
10person making the statement, shall have all questions answered
11by the person making the statement, and shall contain
12substantially the following:
13
STATEMENT OF ECONOMIC INTERESTS
14INSTRUCTIONS:
15 You may find the following documents helpful to you in
16completing this form:
17 (1) federal income tax returns, including any related
18 schedules, attachments, and forms; and
19 (2) investment and brokerage statements.
20 To complete this form, you do not need to disclose
21specific amounts or values or report interests relating either

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1to political committees registered with the Illinois State
2Board of Elections or to political committees, principal
3campaign committees, or authorized committees registered with
4the Federal Election Commission.
5 The information you disclose will be available to the
6public.
7 You must answer all 6 questions. Certain questions will
8ask you to report any applicable assets or debts held in, or
9payable to, your name; held jointly by, or payable to, you with
10your spouse; or held jointly by, or payable to, you with your
11minor child. If you have any concerns about whether an
12interest should be reported, please consult your department's
13ethics officer, if applicable.
14 Please ensure that the information you provide is complete
15and accurate. If you need more space than the form allows,
16please attach additional pages for your response. If you are
17subject to the State Officials and Employees Ethics Act, your
18ethics officer must review your statement of economic
19interests before you file it. Failure to complete the
20statement in good faith and within the prescribed deadline may
21subject you to fines, imprisonment, or both.
22BASIC INFORMATION:
23Name:........................................................
24Job title:...................................................
25Office, department, or agency that requires you to file this

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1form:........................................................
2Other offices, departments, or agencies that require you to
3file a Statement of Economic Interests form: ................
4Full mailing address:........................................
5Preferred e-mail address (optional):.........................
6QUESTIONS:
7 1. If you have any single asset that was worth more than
8$10,000 as of the end of the preceding calendar year and is
9held in, or payable to, your name, held jointly by, or payable
10to, you with your spouse, or held jointly by, or payable to,
11you with your minor child, list such assets below. In the case
12of investment real estate, list the city and state where the
13investment real estate is located. If you do not have any such
14assets, list "none" below.
15.................................
16.............................................................
17.............................................................
18.............................................................
19.............................................................
20 2. Excluding the position for which you are required to
21file this form, list the source of any income in excess of
22$7,500 required to be reported during the preceding calendar
23year. If you sold an asset that produced more than $7,500 in
24capital gains in the preceding calendar year, list the name of
25the asset and the transaction date on which the sale or

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1transfer took place. If you had no such sources of income or
2assets, list "none" below.
3Source of Income / Name of Date Sold (if applicable)
4Asset
5............................... ...............................
6............................... ...............................
7............................... ...............................
8 3. Excluding debts incurred on terms available to the
9general public, such as mortgages, student loans, and credit
10card debts, if you owed any single debt in the preceding
11calendar year exceeding $10,000, list the creditor of the debt
12below. If you had no such debts, list "none" below.
13 List the creditor for all applicable debts owed by you,
14owed jointly by you with your spouse, or owed jointly by you
15with your minor child. In addition to the types of debts listed
16above, you do not need to report any debts to or from financial
17institutions or government agencies, such as debts secured by
18automobiles, household furniture or appliances, as long as the
19debt was made on terms available to the general public, debts
20to members of your family, or debts to or from a political
21committee registered with the Illinois State Board of
22Elections or any political committee, principal campaign
23committee, or authorized committee registered with the Federal
24Election Commission.
25........................................

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1.............................................................
2.............................................................
3.............................................................
4 4. List the name of each unit of government of which you or
5your spouse were an employee, contractor, or office holder
6during the preceding calendar year other than the unit or
7units of government in relation to which the person is
8required to file and the title of the position or nature of the
9contractual services.
10Name of Unit of GovernmentTitle or Nature of Services
11............................... ...............................
12............................... ...............................
13............................... ...............................
14 5. If you maintain an economic relationship with a
15lobbyist or if a member of your family is known to you to be a
16lobbyist registered with any unit of government in the State
17of Illinois, list the name of the lobbyist below and identify
18the nature of your relationship with the lobbyist. If you do
19not have an economic relationship with a lobbyist or a family
20member known to you to be a lobbyist registered with any unit
21of government in the State of Illinois, list "none" below.
22Name of LobbyistRelationship to Filer
23............................... ...............................
24............................... ...............................

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1............................... ...............................
2 6. List the name of each person, organization, or entity
3that was the source of a gift or gifts, or honorarium or
4honoraria, valued singly or in the aggregate in excess of $500
5received during the preceding calendar year and the type of
6gift or gifts, or honorarium or honoraria, excluding any gift
7or gifts from a member of your family that was not known to be
8a lobbyist registered with any unit of government in the State
9of Illinois. If you had no such gifts, list "none" below.
10....
11.............................................................
12.............................................................
13 7. List the name of any spouse or immediate family member
14living with the person making this statement employed by a
15public utility in this State and the name of the public utility
16that employs the relative.
17Name and Relation Public Utility
18............................... ...............................
19..............................................................
20..............................................................
21VERIFICATION:
22 "I declare that this statement of economic interests
23(including any attachments) has been examined by me and to the
24best of my knowledge and belief is a true, correct and complete
25statement of my economic interests as required by the Illinois

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1Governmental Ethics Act. I understand that the penalty for
2willfully filing a false or incomplete statement is a fine not
3to exceed $2,500 or imprisonment in a penal institution other
4than the penitentiary not to exceed one year, or both fine and
5imprisonment."
6Printed Name of Filer:.......................................
7Date:........................................................
8Signature:...................................................
9If this statement of economic interests requires ethics
10officer review prior to filing, the applicable ethics officer
11must complete the following:
12CERTIFICATION OF ETHICS OFFICER REVIEW:
13 "In accordance with law, as Ethics Officer, I reviewed
14this statement of economic interests prior to its filing."
15Printed Name of Ethics Officer:..............................
16Date:........................................................
17Signature:...................................................
18Preferred e-mail address (optional):.........................
19(Source: P.A. 102-662, eff. 9-15-21; 102-664, eff. 1-1-22.)
20 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
21 Sec. 4A-106. Persons filing statements with Secretary of
22State; notice; certification of list of names; alphabetical

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1list; receipt; examination and copying of statements. The
2statements of economic interests required of persons listed in
3Section 4A-101 shall be filed with the Secretary of State. On
4or before February 1 annually, the chief administrative
5officer of any State agency in the executive, legislative, or
6judicial branch employing persons required to file under item
7(f) or item (l) of Section 4A-101 and the chief administrative
8officer of a board or panel described in item (n) or (p) of
9Section 4A-101 shall certify to the Secretary of State the
10names and mailing addresses of those persons. In preparing the
11lists, each chief administrative officer, or his or her
12designee, shall set out the names in alphabetical order.
13 On or before April 1 annually, the Secretary of State
14shall notify (1) all persons whose names have been certified
15to him under items (f), (l), (n), and (p) of Section 4A-101,
16and (2) all persons described in items (a) through (e) and item
17(j) of Section 4A-101, other than candidates for office who
18have filed their statements with their nominating petitions,
19of the requirements for filing statements of economic
20interests. A person required to file with the Secretary of
21State by virtue of more than one position as listed in Section
224A-101, and filing his or her statement of economic interests
23in writing, rather than through the Internet-based system,
24shall be notified of and is required to file only one statement
25of economic interests relating to all items under which the
26person is required to file with the Secretary of State.

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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. A certificate executed by the Secretary
6of State attesting that he or she has sent the notice by the
7means permitted by this Section constitutes prima facie
8evidence thereof.
9 Any person who files or has filed a statement of economic
10interest under this Section is entitled to receive from the
11Secretary of State a receipt indicating that the person has
12filed such a statement, the date of such filing, and the
13identity of the governmental unit or units in relation to
14which the filing is required. However, the Secretary of State
15shall neither accept a statement of economic interest for
16filing nor issue a receipt indicating that the statement has
17been filed unless the statement is verified, dated, and signed
18by the person making the statement and all questions on the
19statement are answered.
20 The Secretary of State may employ such employees and
21consultants as he considers necessary to carry out his duties
22hereunder, and may prescribe their duties, fix their
23compensation, and provide for reimbursement of their expenses.
24 All statements of economic interests filed under this
25Section shall be available for examination and copying by the
26public at all reasonable times. Not later than 12 months after

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1the effective date of this amendatory Act of the 93rd General
2Assembly, beginning with statements filed in calendar year
32004, the Secretary of State shall make statements of economic
4interests filed with the Secretary available for inspection
5and copying via the Secretary's website.
6(Source: P.A. 101-221, eff. 8-9-19.)
7 (5 ILCS 420/4A-106.5)
8 Sec. 4A-106.5. Persons filing statements with county
9clerk; notice; certification of list of names; alphabetical
10list; receipt; examination and copying of statements. The
11statements of economic interests required of persons listed in
12Section 4A-101.5 shall be filed with the county clerk of the
13county in which the principal office of the unit of local
14government with which the person is associated is located. If
15it is not apparent which county the principal office of a unit
16of local government is located, the chief administrative
17officer, or his or her designee, has the authority, for
18purposes of this Act, to determine the county in which the
19principal office is located. Annually, on or before February
201, the chief administrative officer, or his or her designee,
21of each unit of local government with persons described in
22Section 4A-101.5 shall certify to the appropriate county clerk
23a list of names and addresses of persons that are required to
24file. In preparing the lists, each chief administrative
25officer, or his or her designee, shall set out the names in

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1alphabetical order.
2 On or before April 1 annually, the county clerk of each
3county shall notify all persons whose names have been
4certified to him under Section 4A-101.5, other than candidates
5for office who have filed their statements with their
6nominating petitions, of the requirements for filing
7statements of economic interests. A person required to file
8with a county clerk by virtue of more than one item among items
9set forth in Section 4A-101.5 shall be notified of and is
10required to file only one statement of economic interests
11relating to all items under which the person is required to
12file with that county clerk.
13 Except as provided in Section 4A-106.1, the notices
14provided for in this Section shall be in writing and deposited
15in the U.S. Mail, properly addressed, first class postage
16prepaid, on or before the day required by this Section for the
17sending of the notice. Alternatively, a county clerk may send
18the notices electronically to all persons whose names have
19been thus certified to him. A certificate executed by a county
20clerk attesting that he or she has sent the notice by the means
21permitted by this Section constitutes prima facie evidence
22thereof.
23 From the lists certified to him or her under this Section
24of persons described in Section 4A-101.5, the clerk of each
25county shall compile an alphabetical listing of persons
26required to file statements of economic interests in his or

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1her office under any of those items. As the statements are
2filed in his or her office, the county clerk shall cause the
3fact of that filing to be indicated on the alphabetical
4listing of persons who are required to file statements. Within
530 days after the due dates, the county clerk shall mail to the
6State Board of Elections a true copy of that listing showing
7those who have filed statements.
8 The county clerk of each county shall note upon the
9alphabetical listing the names of all persons required to file
10a statement of economic interests who failed to file a
11statement on or before May 1. It shall be the duty of the
12several county clerks to give notice as provided in Section
134A-105 to any person who has failed to file his or her
14statement with the clerk on or before May 1.
15 Any person who files or has filed a statement of economic
16interest under this Section is entitled to receive from the
17county clerk a receipt indicating that the person has filed
18such a statement, the date of filing, and the identity of the
19governmental unit or units in relation to which the filing is
20required. However, the county clerk shall neither accept a
21statement of economic interest for filing nor issue a receipt
22indicating that the statement has been filed unless the
23statement is verified, dated, and signed by the person making
24the statement and all questions on the statement are answered.
25 All statements of economic interests filed under this
26Section shall be available for examination and copying by the

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1public at all reasonable times.
2(Source: P.A. 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
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