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| Public Act 097-0754 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Governmental Ethics Act is amended | ||||
by changing Sections 4A-101, 4A-102, 4A-106, and 4A-107 as | ||||
follows: | ||||
(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:
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(a) Members of the General Assembly and candidates for | ||||
nomination or
election to the General Assembly.
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(b) Persons holding an elected office in the Executive | ||||
Branch of this
State, and candidates for nomination or | ||||
election to these offices.
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(c) Members of a Commission or Board created by the | ||||
Illinois Constitution,
and candidates for nomination or | ||||
election to such Commission or Board.
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(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 | ||||
described in subsection (a) of Section 15 of the | ||||
Gubernatorial Boards and Commissions Act.
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(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.
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(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
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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:
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(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;
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(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;
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(3) have authority for the issuance or | ||
promulgation of rules and
regulations within areas | ||
under the authority of the State;
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(4) have authority for the approval of | ||
professional licenses;
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(5) have responsibility with respect to the | ||
financial inspection
of regulated nongovernmental | ||
entities;
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(6) adjudicate, arbitrate, or decide any judicial | ||
or administrative
proceeding, or review the | ||
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of | ||
the State;
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(7) have supervisory responsibility for 20 or more | ||
employees of the
State;
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(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; or
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(9) have responsibility with respect to the | ||
procurement of goods or services. | ||
(g) Persons who are elected to office in a unit of | ||
local government,
and candidates for nomination or | ||
election to that office, including regional
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superintendents of school districts.
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(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
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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.
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(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:
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(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
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government;
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(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;
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(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;
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(4) adjudicate, arbitrate, or decide any judicial | ||
or administrative
proceeding, or review the | ||
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of | ||
the unit of local
government;
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(5) have authority to issue or promulgate rules and | ||
regulations within
areas under the authority of the | ||
unit of local government; or
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(6) have supervisory responsibility for 20 or more | ||
employees of the
unit of local government.
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(j) Persons on the Board of Trustees of the Illinois | ||
Mathematics and
Science Academy.
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(k) Persons employed by a school district in positions | ||
that
require that
person to hold an administrative or a | ||
chief school business official
endorsement.
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(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.
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(m) 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) 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. | ||
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.
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(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.)
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(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
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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
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statement. Campaign receipts shall not be included in this | ||
statement.
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(a) The following interests shall be listed by all | ||
persons required to
file:
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(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
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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
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professional services rendered by the person making | ||
the statement.
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(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.
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(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.
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(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.
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(b) The following interests shall also be listed by | ||
persons listed in
items (a) through (f), item (l), and item | ||
(n), and item (p) of Section 4A-101:
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(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;
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(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.
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(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
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lobbying.
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(c) The following interests shall also be listed by | ||
persons listed in
items (g), (h), (i), and (o) of Section | ||
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
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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.
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(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
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instrument need be listed.
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(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.
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For the purposes of this Section, the unit of local | ||
government in relation to which a person required to file under | ||
item (o) of Section 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.)
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(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
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Sec. 4A-106. The statements of economic interests required | ||
of persons
listed in items (a) through (f), item (j), item (l), | ||
and item (n), and item (p) 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), | ||
(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
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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.
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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),
(l), and (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 item among items (a) through (f) and items | ||
(j), (l), and (n), and (p)
shall be notified of and is
required
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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.
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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.
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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 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.
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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
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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
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clerk shall mail to the State Board of Elections a true copy of | ||
that listing
showing those who have filed statements.
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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.
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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.
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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.
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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
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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.
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(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
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(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
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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.
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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
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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 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.
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The Attorney General, with respect to offices or positions | ||
described in
items (a) through (f) and items (j), (l), and (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 (g) through (i), item (k), and | ||
item (o) 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 and for whom the fees | ||
and penalties for late filing have not been waived under | ||
Section 4A-105.
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(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, | ||
eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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