Bill Text: IL SB1592 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Governmental Ethics Act. Permits the Secretary of State and county clerks to waive fees and penalties when a person files a statement of economic interests late, or fails to file the statement, due to his or her serious or catastrophic illness or military service. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0550 [SB1592 Detail]
Download: Illinois-2009-SB1592-Enrolled.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||
5 | by changing Sections 4A-105 and 4A-107 as follows:
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6 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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7 | Sec. 4A-105. Time for filing. Except as provided in | ||||||
8 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||
9 | filed by each person
whose position at that time subjects him | ||||||
10 | to the filing requirements of Section
4A-101 unless he has | ||||||
11 | already filed a statement in relation to the same unit of
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12 | government in that calendar year.
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13 | Statements must also be filed as follows:
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14 | (a) A candidate for elective office shall file his | ||||||
15 | statement not later
than the end of the period during which | ||||||
16 | he can take the action necessary
under the laws of this | ||||||
17 | State to attempt to qualify for nomination, election, or
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18 | retention to such office if he has not filed a statement in | ||||||
19 | relation to the
same unit of government within a year | ||||||
20 | preceding such action.
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21 | (b) A person whose appointment to office is subject to | ||||||
22 | confirmation by
the Senate shall file his statement at the | ||||||
23 | time his name is submitted to
the Senate for confirmation.
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1 | (b-5) A special government agent, as defined in
item | ||||||
2 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||
3 | within 30 days
after
making the first ex parte | ||||||
4 | communication and each May 1 thereafter if he or she
has | ||||||
5 | made an ex parte communication within the previous 12 | ||||||
6 | months.
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7 | (c) Any other person required by this Article to file | ||||||
8 | the statement
shall file a statement at the time of his or | ||||||
9 | her initial appointment or
employment in relation to that | ||||||
10 | unit of government if appointed or employed by
May 1.
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11 | If any person who is required to file a statement of | ||||||
12 | economic interests
fails to file such statement by May 1 of any | ||||||
13 | year, the officer with whom
such statement is to be filed under | ||||||
14 | Section 4A-106 of this Act shall,
within 7 days after May 1, | ||||||
15 | notify such person by certified mail of his or
her failure to | ||||||
16 | file by the specified date. Except as may be prescribed by
rule | ||||||
17 | of the Secretary of State, such person shall file his or
her | ||||||
18 | statement of economic interests on or before May 15 with the
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19 | appropriate officer, together with a $15 late filing fee. Any | ||||||
20 | such person
who fails to file by May 15 shall be subject to a | ||||||
21 | penalty of $100 for each
day from May 16 to the date of filing, | ||||||
22 | which shall be in addition to the $15
late filing fee specified | ||||||
23 | above. Failure to file by May 31 shall result in a
forfeiture | ||||||
24 | in accordance with Section 4A-107 of this Act.
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25 | Any person who takes office or otherwise becomes required | ||||||
26 | to file a
statement of economic interests within 30 days prior |
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1 | to May 1 of any year
may file his or her statement at any time | ||||||
2 | on or before May 31 without
penalty. If such person fails to | ||||||
3 | file such statement by May 31, the
officer with whom such | ||||||
4 | statement is to be filed under Section 4A-106 of
this Act | ||||||
5 | shall, within 7 days after May 31, notify such person by | ||||||
6 | certified
mail of his or her failure to file by the specified | ||||||
7 | date. Such person
shall file his or her statement of economic | ||||||
8 | interests on or before June 15 with
the appropriate officer, | ||||||
9 | together with a $15 late filing fee. Any such
person who fails | ||||||
10 | to file by June 15 shall be subject to a penalty of $100
per day | ||||||
11 | for each day from June 16 to the date of filing, which shall be | ||||||
12 | in
addition to the $15 late filing fee specified above. Failure | ||||||
13 | to file by June
30 shall result in a forfeiture in accordance | ||||||
14 | with Section 4A-107 of this Act.
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15 | All late filing fees and penalties collected pursuant to | ||||||
16 | this Section
shall be paid into the General Revenue Fund in the | ||||||
17 | State treasury, if the
Secretary of State receives such | ||||||
18 | statement for filing, or into the general
fund in the county | ||||||
19 | treasury, if the county clerk receives such statement
for | ||||||
20 | filing. The Attorney General, with respect to the State, and | ||||||
21 | the
several State's Attorneys, with respect to counties, shall | ||||||
22 | take appropriate
action to collect the prescribed penalties.
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23 | Failure to file a statement of economic interests within | ||||||
24 | the time
prescribed shall not result in a fine or ineligibility | ||||||
25 | for, or forfeiture of,
office or position of employment, as the | ||||||
26 | case may be; provided that the failure
to file results from not |
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1 | being included for notification by the appropriate
agency, | ||||||
2 | clerk, secretary, officer or unit of government, as the case | ||||||
3 | may be,
and that a statement is filed within 30 days of actual | ||||||
4 | notice of the failure to
file.
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5 | Beginning with statements required to be filed on or after | ||||||
6 | May 1, 2009, the officer with whom a statement is to be filed | ||||||
7 | may, in his or her discretion, waive the late filing fee, the | ||||||
8 | monetary late filing penalty, and the ineligibility for or | ||||||
9 | forfeiture of office or position for failure to file when the | ||||||
10 | person's late filing of a statement or failure to file a | ||||||
11 | statement is due to his or her (i) serious or catastrophic | ||||||
12 | illness that renders the person temporarily incapable of | ||||||
13 | completing the statement or (ii) military service. | ||||||
14 | (Source: P.A. 93-617, eff. 12-9-03.)
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15 | (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
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16 | Sec. 4A-107. Any person required to file a statement of | ||||||
17 | economic interests
under this Article who willfully files a | ||||||
18 | false or incomplete statement shall be
guilty of a Class A | ||||||
19 | misdemeanor.
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20 | Except when the fees and penalties for late filing have | ||||||
21 | been waived under Section 4A-105, failure Failure to file a | ||||||
22 | statement within the time prescribed shall result in
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23 | ineligibility for, or forfeiture of, office or position of | ||||||
24 | employment, as
the case may be; provided, however, that if the | ||||||
25 | notice of failure to
file a statement of economic interests |
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1 | provided in Section 4A-105 of this
Act is not given by the | ||||||
2 | Secretary of State or the county clerk, as the case
may be, no | ||||||
3 | forfeiture shall result if a statement is filed within 30 days
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4 | of actual notice of the failure to file.
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5 | The Attorney General, with respect to offices or positions | ||||||
6 | described in
items (a) through (f) and items (j) and (l) of | ||||||
7 | Section 4A-101 of this
Act, or the State's
Attorney of the | ||||||
8 | county of the entity for which the filing of statements of
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9 | economic interests is required, with respect to offices or | ||||||
10 | positions
described in items (g) through (i) and item (k) of
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11 | Section
4A-101 of this Act,
shall bring an action in quo | ||||||
12 | warranto against any person who has failed to file
by either | ||||||
13 | May 31 or June 30 of any given year and for whom the fees and | ||||||
14 | penalties for late filing have not been waived under Section | ||||||
15 | 4A-105 .
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16 | (Source: P.A. 93-617, eff. 12-9-03.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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