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Public Act 096-0550
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| SB1592 Enrolled |
LRB096 00010 JAM 11974 b |
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AN ACT concerning government.
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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-105 and 4A-107 as follows:
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(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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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
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government in that calendar year.
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Statements must also be filed as follows:
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(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
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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.
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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.
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(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.
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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
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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.
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Any person who takes office or otherwise becomes required |
to file a
statement of economic interests within 30 days prior |
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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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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 |
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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.
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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. 93-617, eff. 12-9-03.)
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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 Failure to file a |
statement within the time prescribed shall result in
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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 |
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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
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of actual notice of the failure to file.
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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
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economic interests is required, with respect to offices or |
positions
described in items (g) through (i) and item (k) of
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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. 93-617, eff. 12-9-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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