Bill Text: IL HB4379 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Illinois Governmental Ethics Act. Removes the penalty of $100 per day for members of a board or commission that functions solely in an advisory capacity and does not issue binding recommendations or determinations for failing to file a statement of economic interest by a specified time period.

Sponsorship: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB4379 Detail]

Download: Illinois-2017-HB4379-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 Section 4A-105 as follows:
(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.

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(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.
Beginning with statements required to be filed on or after
May 1, 2019, any person (i) who is required to file a statement

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of economic interest under this Article, and (ii) who is a
member of a board or commission that functions solely in an
advisory capacity and does not issue binding recommendations or
determinations, shall not be subject to a penalty of $100 per
day for each day from May 16 to the date of filing for failing
to file his or her statement by May 15. However, such person
shall still be assessed the $15 late filing fee for failing to
file his or her statement by May 1, and shall also be subject
to a forfeiture in accordance with Section 4A-107 for failure
to file by May 31.
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.

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Beginning with statements required to be filed on or after
May 1, 2019, any person (i) who takes office or otherwise
becomes required to file a statement of economic interests
within 30 days prior to May 1, and (ii) who is a member of a
board or commission that functions solely in an advisory
capacity and does not issue binding recommendations or
determinations, shall not be subject to a penalty of $100 per
day for each day from June 16 to the date of filing for failing
to file his or her statement by June 15. However, such person
shall still be assessed the $15 late filing fee for failing to
file his or her statement by May 31, and shall also be subject
to a forfeiture in accordance with Section 4A-107 for failure
to file by June 30.
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,

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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.)