Bill Text: IL SB1784 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that an employer is required to furnish the exclusive bargaining representative with a complete list of the names and addresses of the public employees in the bargaining unit at least once each month. Provides that the employer shall not discourage employees or applicants from becoming or remaining union members or authorizing dues deductions, and shall not otherwise interfere with the relationship between employees and their exclusive bargaining representative. Provides that the employer shall refer all inquiries about union membership to the exclusive bargaining representative, with certain exceptions. Provides that the employer may not disclose certain personal information with respect to any employee, except to that employee's exclusive representative. Contains provisions concerning the collection of dues. Amends the Illinois Pension Code. Prohibits the disclosure of certain personal information regarding participants and members. Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 47-8)

Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0620 [SB1784 Detail]

Download: Illinois-2019-SB1784-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is amended
by changing Sections 4A-101, 4A-102, 4A-105, 4A-106, 4A-107,
and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5 as
follows:
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file with the Secretary of
State. The following persons shall file verified written
statements of economic interests with the Secretary of State,
as provided in this Article:
(a) Members of the General Assembly and candidates for
nomination or election to the General Assembly.
(b) Persons holding an elected office in the Executive
Branch of this State, and candidates for nomination or
election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject to
confirmation by the Senate and persons appointed by the
Governor to any other position on a board or commission

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described in subsection (a) of Section 15 of the
Gubernatorial Boards and Commissions Act.
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of the
Circuit Court and the office of judge of the Appellate or
Supreme Court.
(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governors
Governor's State University, Board of Trustees of Illinois
State University, Board of Trustees of Northeastern
Illinois University, Board of Trustees of Northern
Illinois University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a department,
commission, board, division, bureau, authority or

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other administrative unit within the government of
this State, or who exercise similar authority within
the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the State;
(7) have supervisory responsibility for 20 or more
employees of the State;
(8) negotiate, assign, authorize, or grant naming
rights or sponsorship rights regarding any property or
asset of the State, whether real, personal, tangible,

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or intangible; or
(9) have responsibility with respect to the
procurement of goods or services.
(f-5) Members of the board of commissioners of any
flood prevention district created under the Flood
Prevention District Act or the Beardstown Regional Flood
Prevention District Act.
(g) (Blank). Persons who are elected to office in a
unit of local government, and candidates for nomination or
election to that office, including regional
superintendents of school districts.
(h) (Blank). Persons appointed to the governing board
of a unit of local government, or of a special district,
and persons appointed to a zoning board, or zoning board of
appeals, or to a regional, county, or municipal plan
commission, or to a board of review of any county, and
persons appointed to the Board of the Metropolitan Pier and
Exposition Authority and any Trustee appointed under
Section 22 of the Metropolitan Pier and Exposition
Authority Act, and persons appointed to a board or
commission of a unit of local government who have authority
to authorize the expenditure of public funds. This
subsection does not apply to members of boards or
commissions who function in an advisory capacity.
(i) (Blank). Persons who are employed by a unit of
local government and are compensated for services as

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employees and not as independent contractors and who:
(1) are, or function as, the head of a department,
division, bureau, authority or other administrative
unit within the unit of local government, or who
exercise similar authority within the unit of local
government;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the unit of local government in the
amount of $1,000 or greater;
(3) have authority to approve licenses and permits
by the unit of local government; this item does not
include employees who function in a ministerial
capacity;
(4) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the unit of local government;
(5) have authority to issue or promulgate rules and
regulations within areas under the authority of the
unit of local government; or
(6) have supervisory responsibility for 20 or more
employees of the unit of local government.
(j) Persons on the Board of Trustees of the Illinois

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Mathematics and Science Academy.
(k) (Blank). Persons employed by a school district in
positions that require that person to hold an
administrative or a chief school business official
endorsement.
(l) Special government agents. A "special government
agent" is a person who is directed, retained, designated,
appointed, or employed, with or without compensation, by or
on behalf of a statewide executive branch constitutional
officer to make an ex parte communication under Section
5-50 of the State Officials and Employees Ethics Act or
Section 5-165 of the Illinois Administrative Procedure
Act.
(m) (Blank). Members of the board of commissioners of
any flood prevention district created under the Flood
Prevention District Act or the Beardstown Regional Flood
Prevention District Act.
(n) Members of the board of any retirement system or
investment board established under the Illinois Pension
Code, if not required to file under any other provision of
this Section.
(o) (Blank). Members of the board of any pension fund
established under the Illinois Pension Code, if not
required to file under any other provision of this Section.
(p) Members of the investment advisory panel created
under Section 20 of the Illinois Prepaid Tuition Act.

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This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
97-754, eff. 7-6-12; revised 10-10-18.)
(5 ILCS 420/4A-101.5 new)
Sec. 4A-101.5. Persons required to file with the county
clerk. The following persons shall file verified written
statements of economic interests with the county clerk, as
provided in this Article:
(a) Persons who are elected to office in a unit of local
government, and candidates for nomination or election to that
office, including regional superintendents of school
districts.
(b) Persons appointed to the governing board of a unit of
local government, or of a special district, and persons
appointed to a zoning board, or zoning board of appeals, or to
a regional, county, or municipal plan commission, or to a board
of review of any county, and persons appointed to the Board of
the Metropolitan Pier and Exposition Authority and any Trustee
appointed under Section 22 of the Metropolitan Pier and
Exposition Authority Act, and persons appointed to a board or
commission of a unit of local government who have authority to

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authorize the expenditure of public funds. This subsection (b)
does not apply to members of boards or commissions who function
in an advisory capacity.
(c) Persons who are employed by a unit of local government
and are compensated for services as employees and not as
independent contractors, and who:
(1) are, or function as, the head of a department,
division, bureau, authority, or other administrative unit
within the unit of local government, or who exercise
similar authority within the unit of local government;
(2) have direct supervisory authority over, or direct
responsibility for the formulation, negotiation, issuance,
or execution of contracts entered into by the unit of local
government in the amount of $1,000 or greater;
(3) have authority to approve licenses and permits by
the unit of local government, but not including employees
who function in a ministerial capacity;
(4) adjudicate, arbitrate, or decide any judicial or
administrative proceeding, or review the adjudication,
arbitration, or decision of any judicial or administrative
proceeding within the authority of the unit of local
government;
(5) have authority to issue or adopt rules and
regulations within areas under the authority of the unit of
local government; or
(6) have supervisory responsibility for 20 or more

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employees of the unit of local government.
(d) Persons employed by a school district in positions that
require that person to hold an administrative or a chief school
business official endorsement.
(e) Members of the board of any pension fund established
under the Illinois Pension Code, if not required to file under
any other provision of this Section.
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section. The
interest (if constructively controlled by the person making the
statement) of a spouse or any other party, shall be considered
to be the same as the interest of the person making the
statement. Campaign receipts shall not be included in this
statement.
(a) The following interests shall be listed by all
persons required to file:
(1) The name, address and type of practice of any
professional organization or individual professional
practice in which the person making the statement was
an officer, director, associate, partner or
proprietor, or served in any advisory capacity, from
which income in excess of $1200 was derived during the
preceding calendar year;

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(2) The nature of professional services (other
than services rendered to the unit or units of
government in relation to which the person is required
to file) and the nature of the entity to which they
were rendered if fees exceeding $5,000 were received
during the preceding calendar year from the entity for
professional services rendered by the person making
the statement.
(3) The identity (including the address or legal
description of real estate) of any capital asset from
which a capital gain of $5,000 or more was realized in
the preceding calendar year.
(4) The name of any unit of government which has
employed the person making the statement during the
preceding calendar year other than the unit or units of
government in relation to which the person is required
to file.
(5) The name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in
the aggregate in excess of $500, was received during
the preceding calendar year.
(b) The following interests shall also be listed by
persons listed in items (a) through (f), item (l), item
(n), and item (p) of Section 4A-101:
(1) The name and instrument of ownership in any
entity doing business in the State of Illinois, in

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which an ownership interest held by the person at the
date of filing is in excess of $5,000 fair market value
or from which dividends of in excess of $1,200 were
derived during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed;
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income of in excess of $1,200 was derived during
the preceding calendar year, if the entity does
business in the State of Illinois. No time or demand
deposit in a financial institution, nor any debt
instrument need be listed.
(3) The identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the
lobbyist and specifying the legislative matter or
matters which are the object of the lobbying activity,
and describing the general type of economic activity of
the client or principal on whose behalf that person is
lobbying.
(c) The following interests shall also be listed by
persons listed in items (a) through (c) and item (e) (g),
(h), (i), and (o) of Section 4A-101.5 4A-101:

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(1) The name and instrument of ownership in any
entity doing business with a unit of local government
in relation to which the person is required to file if
the ownership interest of the person filing is greater
than $5,000 fair market value as of the date of filing
or if dividends in excess of $1,200 were received from
the entity during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income in excess of $1,200 was derived during the
preceding calendar year if the entity does business
with a unit of local government in relation to which
the person is required to file. No time or demand
deposit in a financial institution, nor any debt
instrument need be listed.
(3) The name of any entity and the nature of the
governmental action requested by any entity which has
applied to a unit of local government in relation to
which the person must file for any license, franchise
or permit for annexation, zoning or rezoning of real
estate during the preceding calendar year if the
ownership interest of the person filing is in excess of

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$5,000 fair market value at the time of filing or if
income or dividends in excess of $1,200 were received
by the person filing from the entity during the
preceding calendar year.
For the purposes of this Section, the unit of local
government in relation to which a person required to file under
item (e) (o) of Section 4A-101.5 4A-101 shall be the unit of
local government that contributes to the pension fund of which
such person is a member of the board.
(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
Sec. 4A-105. Time for filing. Except as provided in
Section 4A-106.1, by May 1 of each year a statement must be
filed by each person whose position at that time subjects him
to the filing requirements of Section 4A-101 or 4A-101.5 unless
he has already filed a statement in relation to the same unit
of government in that calendar year.
Statements must also be filed as follows:
(a) A candidate for elective office shall file his
statement not later than the end of the period during which
he can take the action necessary under the laws of this
State to attempt to qualify for nomination, election, or
retention to such office if he has not filed a statement in
relation to the same unit of government within a year
preceding such action.

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(b) A person whose appointment to office is subject to
confirmation by the Senate shall file his statement at the
time his name is submitted to the Senate for confirmation.
(b-5) A special government agent, as defined in item
(1) of Section 4A-101 of this Act, shall file a statement
within 30 days after making the first ex parte
communication and each May 1 thereafter if he or she has
made an ex parte communication within the previous 12
months.
(c) Any other person required by this Article to file
the statement shall file a statement at the time of his or
her initial appointment or employment in relation to that
unit of government if appointed or employed by May 1.
If any person who is required to file a statement of
economic interests fails to file such statement by May 1 of any
year, the officer with whom such statement is to be filed under
Section 4A-106 or 4A-106.5 of this Act shall, within 7 days
after May 1, notify such person by certified mail of his or her
failure to file by the specified date. Except as may be
prescribed by rule of the Secretary of State, such person shall
file his or her statement of economic interests on or before
May 15 with the appropriate officer, together with a $15 late
filing fee. Any such person who fails to file by May 15 shall
be subject to a penalty of $100 for each day from May 16 to the
date of filing, which shall be in addition to the $15 late
filing fee specified above. Failure to file by May 31 shall

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result in a forfeiture in accordance with Section 4A-107 of
this Act.
Any person who takes office or otherwise becomes required
to file a statement of economic interests within 30 days prior
to May 1 of any year may file his or her statement at any time
on or before May 31 without penalty. If such person fails to
file such statement by May 31, the officer with whom such
statement is to be filed under Section 4A-106 or 4A-106.5 of
this Act shall, within 7 days after May 31, notify such person
by certified mail of his or her failure to file by the
specified date. Such person shall file his or her statement of
economic interests on or before June 15 with the appropriate
officer, together with a $15 late filing fee. Any such person
who fails to file by June 15 shall be subject to a penalty of
$100 per day for each day from June 16 to the date of filing,
which shall be in addition to the $15 late filing fee specified
above. Failure to file by June 30 shall result in a forfeiture
in accordance with Section 4A-107 of this Act.
All late filing fees and penalties collected pursuant to
this Section shall be paid into the General Revenue Fund in the
State treasury, if the Secretary of State receives such
statement for filing, or into the general fund in the county
treasury, if the county clerk receives such statement for
filing. The Attorney General, with respect to the State, and
the several State's Attorneys, with respect to counties, shall
take appropriate action to collect the prescribed penalties.

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Failure to file a statement of economic interests within
the time prescribed shall not result in a fine or ineligibility
for, or forfeiture of, office or position of employment, as the
case may be; provided that the failure to file results from not
being included for notification by the appropriate agency,
clerk, secretary, officer or unit of government, as the case
may be, and that a statement is filed within 30 days of actual
notice of the failure to file.
Beginning with statements required to be filed on or after
May 1, 2009, the officer with whom a statement is to be filed
may, in his or her discretion, waive the late filing fee, the
monetary late filing penalty, and the ineligibility for or
forfeiture of office or position for failure to file when the
person's late filing of a statement or failure to file a
statement is due to his or her (i) serious or catastrophic
illness that renders the person temporarily incapable of
completing the statement or (ii) military service.
(Source: P.A. 96-550, eff. 8-17-09.)
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. Persons filing statements with Secretary of
State; notice; certification of list of names; alphabetical
list; receipt; examination and copying of statements. The
statements of economic interests required of persons listed in
items (a) through (f), item (j), item (l), item (n), and item
(p) of Section 4A-101 shall be filed with the Secretary of

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State. The statements of economic interests required of persons
listed in items (g), (h), (i), (k), and (o) of Section 4A-101
shall be filed with the county clerk of the county in which the
principal office of the unit of local government with which the
person is associated is located. If it is not apparent which
county the principal office of a unit of local government is
located, the chief administrative officer, or his or her
designee, has the authority, for purposes of this Act, to
determine the county in which the principal office is located.
On or before February 1 annually, (1) the chief administrative
officer of any State agency in the executive, legislative, or
judicial branch employing persons required to file under item
(f) or item (l) of Section 4A-101 and the chief administrative
officer of a board or panel described in item (n) or (p) of
Section 4A-101 shall certify to the Secretary of State the
names and mailing addresses of those persons, and (2) the chief
administrative officer, or his or her designee, of each unit of
local government with persons described in items (h), (i) and
(k) and a board described in item (o) of Section 4A-101 shall
certify to the appropriate county clerk a list of names and
addresses of persons described in items (h), (i), (k), and (o)
of Section 4A-101 that are required to file. In preparing the
lists, each chief administrative officer, or his or her
designee, shall set out the names in alphabetical order.
On or before April 1 annually, the Secretary of State shall
notify (1) all persons whose names have been certified to him

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under items (f), (l), (n), and (p) of Section 4A-101, and (2)
all persons described in items (a) through (e) and item (j) of
Section 4A-101, other than candidates for office who have filed
their statements with their nominating petitions, of the
requirements for filing statements of economic interests. A
person required to file with the Secretary of State by virtue
of more than one position as listed in Section 4A-101, and
filing his or her statement of economic interests in writing,
rather than through the Internet-based system, item among items
(a) through (f) and items (j), (l), (n), and (p) shall be
notified of and is required to file only one statement of
economic interests relating to all items under which the person
is required to file with the Secretary of State.
On or before April 1 annually, the county clerk of each
county shall notify all persons whose names have been certified
to him under items (g), (h), (i), (k), and (o) of Section
4A-101, other than candidates for office who have filed their
statements with their nominating petitions, of the
requirements for filing statements of economic interests. A
person required to file with a county clerk by virtue of more
than one item among items (g), (h), (i), (k), and (o) shall be
notified of and is required to file only one statement of
economic interests relating to all items under which the person
is required to file with that county clerk.
Except as provided in Section 4A-106.1, the notices
provided for in this Section shall be in writing and deposited

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in the U.S. Mail, properly addressed, first class postage
prepaid, on or before the day required by this Section for the
sending of the notice. Alternatively, a county clerk may send
the notices electronically to all persons whose names have been
thus certified to him under item (h), (i), or (k) of Section
4A-101. A certificate executed by the Secretary of State or
county clerk attesting that he or she has sent the notice by
the means permitted by this Section constitutes prima facie
evidence thereof.
From the lists certified to him under this Section of
persons described in items (g), (h), (i), (k), and (o) of
Section 4A-101, the clerk of each county shall compile an
alphabetical listing of persons required to file statements of
economic interests in his office under any of those items. As
the statements are filed in his office, the county clerk shall
cause the fact of that filing to be indicated on the
alphabetical listing of persons who are required to file
statements. Within 30 days after the due dates, the county
clerk shall mail to the State Board of Elections a true copy of
that listing showing those who have filed statements.
The county clerk of each county shall note upon the
alphabetical listing the names of all persons required to file
a statement of economic interests who failed to file a
statement on or before May 1. It shall be the duty of the
several county clerks to give notice as provided in Section
4A-105 to any person who has failed to file his or her

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statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Section Act is entitled to receive from the
Secretary of State or county clerk, as the case may be, a
receipt indicating that the person has filed such a statement,
the date of such filing, and the identity of the governmental
unit or units in relation to which the filing is required.
The Secretary of State may employ such employees and
consultants as he considers necessary to carry out his duties
hereunder, and may prescribe their duties, fix their
compensation, and provide for reimbursement of their expenses.
All statements of economic interests filed under this
Section shall be available for examination and copying by the
public at all reasonable times. Not later than 12 months after
the effective date of this amendatory Act of the 93rd General
Assembly, beginning with statements filed in calendar year
2004, the Secretary of State shall make statements of economic
interests filed with the Secretary available for inspection and
copying via the Secretary's website.
(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754,
eff. 7-6-12.)
(5 ILCS 420/4A-106.5 new)
Sec. 4A-106.5. Persons filing statements with county
clerk; notice; certification of list of names; alphabetical
list; receipt; examination and copying of statements. The

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statements of economic interests required of persons listed in
Section 4A-101.5 shall be filed with the county clerk of the
county in which the principal office of the unit of local
government with which the person is associated is located. If
it is not apparent which county the principal office of a unit
of local government is located, the chief administrative
officer, or his or her designee, has the authority, for
purposes of this Act, to determine the county in which the
principal office is located. The chief administrative officer,
or his or her designee, of each unit of local government with
persons described in Section 4A-101.5 shall certify to the
appropriate county clerk a list of names and addresses of
persons that are required to file. In preparing the lists, each
chief administrative officer, or his or her designee, shall set
out the names in alphabetical order.
On or before April 1 annually, the county clerk of each
county shall notify all persons whose names have been certified
to him under Section 4A-101.5, other than candidates for office
who have filed their statements with their nominating
petitions, of the requirements for filing statements of
economic interests. A person required to file with a county
clerk by virtue of more than one item among items set forth in
Section 4A-101.5 shall be notified of and is required to file
only one statement of economic interests relating to all items
under which the person is required to file with that county
clerk.

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Except as provided in Section 4A-106.1, the notices
provided for in this Section shall be in writing and deposited
in the U.S. Mail, properly addressed, first class postage
prepaid, on or before the day required by this Section for the
sending of the notice. Alternatively, a county clerk may send
the notices electronically to all persons whose names have been
thus certified to him. A certificate executed by a county clerk
attesting that he or she has sent the notice by the means
permitted by this Section constitutes prima facie evidence
thereof.
From the lists certified to him or her under this Section
of persons described in Section 4A-101.5, the clerk of each
county shall compile an alphabetical listing of persons
required to file statements of economic interests in his or her
office under any of those items. As the statements are filed in
his or her office, the county clerk shall cause the fact of
that filing to be indicated on the alphabetical listing of
persons who are required to file statements. Within 30 days
after the due dates, the county clerk shall mail to the State
Board of Elections a true copy of that listing showing those
who have filed statements.
The county clerk of each county shall note upon the
alphabetical listing the names of all persons required to file
a statement of economic interests who failed to file a
statement on or before May 1. It shall be the duty of the
several county clerks to give notice as provided in Section

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4A-105 to any person who has failed to file his or her
statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Section is entitled to receive from the
county clerk a receipt indicating that the person has filed
such a statement, the date of such filing, and the identity of
the governmental unit or units in relation to which the filing
is required.
All statements of economic interests filed under this
Section shall be available for examination and copying by the
public at all reasonable times.
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor.
Except when the fees and penalties for late filing have
been waived under Section 4A-105, failure to file a statement
within the time prescribed shall result in ineligibility for,
or forfeiture of, office or position of employment, as the case
may be; provided, however, that if the notice of failure to
file a statement of economic interests provided in Section
4A-105 of this Act is not given by the Secretary of State or
the county clerk, as the case may be, no forfeiture shall
result if a statement is filed within 30 days of actual notice

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of the failure to file. The Secretary of State shall provide
the Attorney General with the names of persons who failed to
file a statement. The county clerk shall provide the State's
Attorney of the county of the entity for which the filing of
statement of economic interest is required with the name of
persons who failed to file a statement.
The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j), (l), (n), and
(p) of Section 4A-101 of this Act, or the State's Attorney of
the county of the entity for which the filing of statements of
economic interests is required, with respect to offices or
positions described in items (a) through (e) (g) through (i),
item (k), and item (o) of Section 4A-101.5 4A-101 of this Act,
shall bring an action in quo warranto against any person who
has failed to file by either May 31 or June 30 of any given year
and for whom the fees and penalties for late filing have not
been waived under Section 4A-105.
(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000,
eff. 7-2-10; 97-754, eff. 7-6-12.)
(5 ILCS 420/4A-108)
Sec. 4A-108. Internet-based systems of filing.
(a) Notwithstanding any other provision of this Act or any
other law, the Secretary of State and county clerks are
authorized to institute an Internet-based system for the filing
of statements of economic interests in their offices. With

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respect to county clerk systems, the determination to institute
such a system shall be in the sole discretion of the county
clerk and shall meet the requirements set out in this Section.
With respect to a Secretary of State system, the determination
to institute such a system shall be in the sole discretion of
the Secretary of State and shall meet the requirements set out
in this Section and those Sections of the State Officials and
Employees Ethics Act requiring ethics officer review prior to
filing. The system shall be capable of allowing an ethics
officer to approve a statement of economic interests and shall
include a means to amend a statement of economic interests.
When this Section does not modify or remove the requirements
set forth elsewhere in this Article, those requirements shall
apply to any system of Internet-based filing authorized by this
Section. When this Section does modify or remove the
requirements set forth elsewhere in this Article, the
provisions of this Section shall apply to any system of
Internet-based filing authorized by this Section.
(b) In any system of Internet-based filing of statements of
economic interests instituted by the Secretary of State or a
county clerk:
(1) Any filing of an Internet-based statement of
economic interests shall be the equivalent of the filing of
a verified, written statement of economic interests as
required by Section 4A-101 or 4A-101.5 and the equivalent
of the filing of a verified, dated, and signed statement of

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economic interests as required by Section 4A-104.
(2) The Secretary of State and county clerks who
institute a system of Internet-based filing of statements
of economic interests shall establish a password-protected
website to receive the filings of such statements. A
website established under this Section shall set forth and
provide a means of responding to the items set forth in
Section 4A-102 that are required of a person who files a
statement of economic interests with that officer. A
website established under this Section shall set forth and
provide a means of generating a printable receipt page
acknowledging filing.
(3) The times for the filing of statements of economic
interests set forth in Section 4A-105 shall be followed in
any system of Internet-based filing of statements of
economic interests; provided that a candidate for elective
office who is required to file a statement of economic
interests in relation to his or her candidacy pursuant to
Section 4A-105(a) shall receive a written or printed
receipt for his or her filing.
A candidate filing for Governor, Lieutenant Governor,
Attorney General, Secretary of State, Treasurer,
Comptroller, State Senate, or State House of
Representatives shall not use the Internet to file his or
her statement of economic interests, but shall file his or
her statement of economic interests in a written or printed

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form and shall receive a written or printed receipt for his
or her filing. Annually, the duly appointed ethics officer
for each legislative caucus shall certify to the Secretary
of State whether his or her caucus members will file their
statements of economic interests electronically or in a
written or printed format for that year. If the ethics
officer for a caucus certifies that the statements of
economic interests shall be written or printed, then
members of the General Assembly of that caucus shall not
use the Internet to file his or her statement of economic
interests, but shall file his or her statement of economic
interests in a written or printed form and shall receive a
written or printed receipt for his or her filing. If no
certification is made by an ethics officer for a
legislative caucus, or if a member of the General Assembly
is not affiliated with a legislative caucus, then the
affected member or members of the General Assembly may file
their statements of economic interests using the Internet.
(4) In the first year of the implementation of a system
of Internet-based filing of statements of economic
interests, each person required to file such a statement is
to be notified in writing of his or her obligation to file
his or her statement of economic interests by way of the
Internet-based system. If access to the web site requires a
code or password, this information shall be included in the
notice prescribed by this paragraph.

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(5) When a person required to file a statement of
economic interests has supplied the Secretary of State or a
county clerk, as applicable, with an email address for the
purpose of receiving notices under this Article by email, a
notice sent by email to the supplied email address shall be
the equivalent of a notice sent by first class mail, as set
forth in Section 4A-106 or 4A-106.5. A person who has
supplied such an email address shall notify the Secretary
of State or county clerk, as applicable, when his or her
email address changes or if he or she no longer wishes to
receive notices by email.
(6) If any person who is required to file a statement
of economic interests and who has chosen to receive notices
by email fails to file his or her statement by May 10, then
the Secretary of State or county clerk, as applicable,
shall send an additional email notice on that date,
informing the person that he or she has not filed and
describing the penalties for late filing and failing to
file. This notice shall be in addition to other notices
provided for in this Article.
(7) The Secretary of State and each county clerk who
institutes a system of Internet-based filing of statements
of economic interests may also institute an Internet-based
process for the filing of the list of names and addresses
of persons required to file statements of economic
interests by the chief administrative officers that must

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file such information with the Secretary of State or county
clerk, as applicable, pursuant to Section 4A-106 or
4A-106.5. Whenever the Secretary of State or a county clerk
institutes such a system under this paragraph, every chief
administrative officer must use the system to file this
information.
(8) The Secretary of State and any county clerk who
institutes a system of Internet-based filing of statements
of economic interests shall post the contents of such
statements filed with him or her available for inspection
and copying on a publicly accessible website. Such postings
shall not include the addresses or signatures of the
filers.
(9) A person required to file with the Secretary of
State by virtue of more than one position as listed in
Section 4A-101, and filing his or her statement of economic
interests through the Internet-based system, shall be
required to file an economic interest statement for each
relevant position for which the person is required to file
with the Secretary of State.
(c) Each ethics officer or administrator of each person
required to file with the Secretary of State may require
employees to file his or her statement of economic interests
electronically using the Internet-based system.
(Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19.)

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Section 10. The State Officials and Employees Ethics Act is
amended by changing Section 20-23 as follows:
(5 ILCS 430/20-23)
Sec. 20-23. Ethics Officers. Each officer and the head of
each State agency under the jurisdiction of the Executive
Ethics Commission shall designate an Ethics Officer for the
office or State agency. The board of each Regional Transit
Board shall designate an Ethics Officer. Ethics Officers shall:
(1) act as liaisons between the State agency or
Regional Transit Board and the appropriate Executive
Inspector General and between the State agency or Regional
Transit Board and the Executive Ethics Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the Secretary
of State if statements of economic interest are filed by
hard copy. If the statements of economic interest are filed
online, the Ethics Officer shall review statements of
economic interest and disclosure forms of officers, senior
employees, and contract monitors within 15 days after the
filing deadline; and
(3) provide guidance to officers and employees in the
interpretation and implementation of this Act, which the
officer or employee may in good faith rely upon. Such
guidance shall be based, wherever possible, upon legal

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precedent in court decisions, opinions of the Attorney
General, and the findings and opinions of the Executive
Ethics Commission.
(Source: P.A. 96-1528, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.