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2005 Illinois Code - 5 ILCS 420/ Illinois Governmental Ethics Act. Article 4a - Disclosure Of Economic Interests

(5 ILCS 420/Art. 4A heading)
ARTICLE 4A.

DISCLOSURE OF ECONOMIC INTERESTS

(5 ILCS 420/4A‑101) (from Ch. 127, par. 604A‑101)

Sec. 4A‑101. Persons required to file.

  The following persons shall file
verified written statements of economic interests, 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.

(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 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 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; or

(8) negotiate, assign, authorize, or grant naming

rights or sponsorship rights regarding any property or asset of the State, whether real, personal, tangible, or intangible.

(g) 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) 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) 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; 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

Mathematics and Science Academy.

(k) 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.

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. 93‑617, eff. 12‑9‑03; 93‑816, eff. 7‑27‑04.)

(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;

(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) and item (l) of Section 4A‑101:

(1) The name and instrument of ownership in any

entity doing business in the State of Illinois, in 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 (g), (h), and (i) of Section 4A‑101:

(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 $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.

(Source: P.A. 92‑101, eff. 1‑1‑02; 93‑617, eff. 12‑9‑03.)

(5 ILCS 420/4A‑103) (from Ch. 127, par. 604A‑103)

Sec. 4A‑103.

The statement of economic interests required by this Article to be filed
with the Secretary of State shall be filled in by
typewriting or hand printing, shall be verified, dated, and signed by the
person making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTEREST

(TYPE OR HAND PRINT)

..............................................................
(name)
..............................................................

(each office or position of employment for which this
statement is filed)

..............................................................

(full post office address to which notification of
an examination of this statement should be sent)

GENERAL DIRECTIONS:

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.

If additional space is needed, please attach supplemental listing.

1. List the name and instrument of ownership in any entity doing
business in the State of Illinois, in which the ownership interest held by
the person at the date of filing is in excess of $5,000 fair market value
or from which dividends 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.

`Business Entity`	`Instrument of Ownership`
`...............................`	`...............................`
`...............................`	`...............................`
`...............................`	`...............................`
`...............................`	`...............................`

2. List the name, address and type of practice of any professional
organization 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 $1,200 was derived during the
preceding calendar year.

`Name`	`Address`	`Type of Practice`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`

3. List the nature of professional services rendered (other than to the
State of Illinois) to each entity from which income exceeding $5,000 was
received for professional services rendered during the preceding calendar
year by the person making the statement.

..............................................................
..............................................................

4. List 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 during the preceding calendar year.

..............................................................
..............................................................

5. List 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.

`Lobbyist`	`Legislative Matter`	`Client or Principal`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`

6. List the name of any entity doing business in the State of Illinois
from which income in excess of $1,200 was derived during the preceding
calendar year other than for professional services and the title or
description of any position held in that entity.  (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.

`Entity`	`Position Held`
`...............................`	`...............................`
`...............................`	`...............................`
`...............................`	`...............................`

7. List the name of any unit of government which 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.

..............................................................
..............................................................

8. List 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.

..............................................................

VERIFICATION:

"I declare that this statement of economic interests (including any
accompanying schedules and statements) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete statement
of my economic interests as required by the Illinois Governmental Ethics
Act.  I understand that the penalty for willfully filing a false or
incomplete statement shall be a fine not to exceed $1,000 or imprisonment
in a penal institution other than the penitentiary not to exceed one year,
or both fine and imprisonment."

................ ..........................................
(date of filing) (signature of person making the statement)

(Source: P.A. 92‑101, eff. 1‑1‑02.)

(5 ILCS 420/4A‑104) (from Ch. 127, par. 604A‑104)

Sec. 4A‑104.

The statement of economic interests required by this Article to be filed
with the county clerk shall be filled in by typewriting
or hand printing, shall be verified, dated, and signed by the person
making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTERESTS

(TYPE OR HAND PRINT)

..............................................................
(Name)
..............................................................

(each office or position of employment for which this
 statement is filed)

.

(full post office address to which notification of an
 examination of this statement should be sent)

GENERAL DIRECTIONS:

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.

If additional space is needed, please attach supplemental listing.

1. List 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, in which the ownership interest held by the person at
the date of filing is in excess of $5,000 fair market value or from which
dividends in excess of $1,200 were received 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 shall be
listed.

`Business`	`Instrument of`	`Position of`
`Entity`	`Ownership`	`Management`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`

2. List the name, address and type of practice of any professional
organization 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 $1,200 was derived during the
preceding calendar year.

`Name`	`Address`	`Type of Practice`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`
`....................`	`....................`	`.....................`

3. List the nature of professional services rendered (other than to the
unit or units of local government in relation to which the person is
required to
file) to each entity from which income exceeding $5,000 was received for
professional services rendered during the preceding calendar year by the
person making the statement.

..............................................................
..............................................................

4. List 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 during the preceding calendar year.

..............................................................
..............................................................
..............................................................

5. List 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 $5,000 fair market value at the time of filing or if income or
dividends in excess of $1200 were received by the person filing from the
entity during the preceding calendar year.

..............................................................
..............................................................
..............................................................

6. List the name of any entity doing business with a unit of
local
government in relation to which the person is required to file from which
income in excess of $1,200 was derived during the preceding calendar year
other than for professional services and the title or description of any
position held in that entity.  No time or demand deposit in a financial
institution nor any debt instrument need be listed.

..............................................................
..............................................................

7. List the name of any unit of government which 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.

..............................................................
..............................................................

8. List 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.

..............................................................

VERIFICATION:

"I declare that this statement of economic interests (including any
accompanying schedules and statements) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete statement
of my economic interests as required by the Illinois Governmental Ethics
Act.  I understand that the penalty for willfully filing a false or
incomplete statement shall be a fine not to exceed $1,000 or imprisonment
in a penal institution other than the penitentiary not to exceed one year,
or both fine and imprisonment."

................ ..........................................
(date of filing) (signature of person making the statement)

(Source: P.A. 92‑101, eff. 1‑1‑02.)

(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 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.

(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 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 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 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.

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.

(Source: P.A. 93‑617, eff. 12‑9‑03.)

(5 ILCS 420/4A‑106)(from Ch. 127, par. 604A‑106)

Sec. 4A‑106.

The statements of economic interests required of persons
listed in items (a) through (f), item (j), and item (l) of
Section 4A‑101 shall be
filed with the Secretary of State.  The statements of economic interests
required of persons listed in items (g), (h), (i), and (k) 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 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) of Section 4A‑101 shall certify to the appropriate county clerk a
list of names and addresses of persons described in items (h), (i)
and (k) 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 under items (f)
and (l) 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 item among items (a) through (f) and items (j) and (l)
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), and (k) 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), and (k) 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 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. A certificate
executed by the Secretary of State or county clerk attesting that he has mailed
the notice constitutes prima facie evidence thereof.

From the lists certified to him under this Section of persons described in
items (g), (h), (i), and (k) 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 statement with the clerk on or
before May 1.

Any person who files or has filed a statement of economic interest
under this 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. 93‑617, eff. 12‑9‑03; 94‑603, eff. 8‑16‑05.)

(5 ILCS 420/4A‑106.1)

Sec. 4A‑106.1.

1994 school district and community college district
filings.  Elected officials and appointed officials of school
districts and community college districts required to file statements of
economic interests in calendar year 1994 shall file those statements by October
1,
1994 rather than May 1, 1994.

(Source: P.A. 88‑605, eff. 9‑1‑94.)

(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.

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 of the failure to file.

The Attorney General, with respect to offices or positions described in
items (a) through (f) and items (j) and (l) 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 (g) through (i) and item (k) of
Section
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.

(Source: P.A. 93‑617, eff. 12‑9‑03.)

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