Full Text of HB1435 97th General Assembly
HB1435ham001 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 3/17/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1435
| 2 | | AMENDMENT NO. ______. Amend House Bill 1435 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Sections 4A-102, 4A-103, 4A-104, 4A-105, and 4A-106 | 6 | | and by adding Sections 4A-100 and 4A-102.5 as follows: | 7 | | (5 ILCS 420/4A-100 new) | 8 | | Sec. 4A-100. Definitions. As used in this Article: | 9 | | (a) "Immediate family member" means a spouse, parent, | 10 | | brother, sister, or child of the reporting individual sharing | 11 | | the same household. | 12 | | (b) "Income" means income derived from any source, | 13 | | including but not limited to the following: (i) compensation | 14 | | for services, including fees, commissions, and similar items; | 15 | | (ii) gross income derived from business (and net income if the | 16 | | person elects to include it); (iii) gains received from |
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| 1 | | dealings in property; (iv) interest; (v) rents; (vi) royalties; | 2 | | (vii) dividends; (viii) annuities; (ix) income from life | 3 | | insurance and endowment contracts; (x) pensions; (xi) income | 4 | | from discharge of indebtedness; (xii) distributive share of | 5 | | partnership income; and (xiii) income from an interest in an | 6 | | estate or trust. "Income" does not include campaign receipts | 7 | | reported on financial disclosure reports filed with the State | 8 | | Board of Elections, unless such receipts are claimed for | 9 | | personal use. | 10 | | (c) "Constructive control." An interest may be said to be | 11 | | constructively controlled by the person filing the report if | 12 | | the person filing the report is a trustee, proxy, guardian, or | 13 | | advisor with regard to decisions to acquire, retain, or divest | 14 | | all or any portion of an interest. | 15 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| 16 | | Sec. 4A-102. The statement of economic interests required | 17 | | by this Article
shall include the economic interests of the | 18 | | person making the statement as
provided in this Section. The | 19 | | interest (if constructively controlled by the
person making the | 20 | | statement) of a spouse or any other party, shall be
considered | 21 | | to be the same as the interest of the person making the
| 22 | | statement. Campaign receipts shall not be included in this | 23 | | statement.
| 24 | | (a) The following interests shall be listed by all | 25 | | persons required to
file:
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| 1 | | (1) The name, address and type of practice of any | 2 | | professional
organization or individual professional | 3 | | practice in which the person making
the statement was | 4 | | an officer, director, associate, partner or | 5 | | proprietor,
or served in any advisory capacity, from | 6 | | which income in excess of $1200
was derived during the | 7 | | preceding calendar year;
| 8 | | (2) The nature of professional services (other | 9 | | than services rendered to
the unit or units of | 10 | | government in relation to which the person is required
| 11 | | to file)
and the nature of the entity to which they | 12 | | were rendered if fees exceeding
$5,000 were received | 13 | | during the preceding calendar year from the entity for
| 14 | | professional services rendered by the person making | 15 | | the statement.
| 16 | | (3) The identity (including the address or legal | 17 | | description of real
estate) of any capital asset with a | 18 | | fair market value of $50,000 from which a capital gain | 19 | | of $5,000 or more
held at any point during the | 20 | | preceding calendar year was realized in the preceding | 21 | | calendar year .
| 22 | | (4) The name of any unit of government which has | 23 | | employed the person
making the statement during the | 24 | | preceding calendar year other than the unit
or units of | 25 | | government in relation to which the person is required | 26 | | to file .
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| 1 | | (5) The name of any entity from which a gift or | 2 | | gifts, or honorarium or
honoraria, valued singly or in | 3 | | the aggregate in excess of $500, was
received during | 4 | | the preceding calendar year.
| 5 | | (6) The name and instrument of ownership in any | 6 | | entity in which an ownership interest held by the | 7 | | person at the end of the preceding calendar year is in | 8 | | excess of $5,000 fair market value or from which | 9 | | dividends of in excess of $1,200 were derived during | 10 | | the preceding calendar year. (In the case of real | 11 | | estate, location thereof shall be listed by
street | 12 | | address, or if none, then by legal description). No | 13 | | time or demand
deposit in a financial institution, nor | 14 | | any debt instrument need be listed. | 15 | | (7) Except for professional service entities, the | 16 | | name of any entity and
any position held therein from | 17 | | which income of in excess of $1,200 was
derived during | 18 | | the preceding calendar year. No time or demand deposit | 19 | | in a financial
institution, nor any debt instrument | 20 | | need be listed. | 21 | | (b) The following interests shall also be listed by | 22 | | persons listed in
items (a) through (f), item (l), and item | 23 | | (n) of Section 4A-101:
| 24 | | (1) (Blank). The name and instrument of ownership | 25 | | in any entity doing business in
the State of Illinois, | 26 | | in which an ownership interest held by the person at
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| 1 | | the date of filing is in excess of $5,000 fair market | 2 | | value or from which
dividends of in excess of $1,200 | 3 | | were derived during the preceding calendar
year. (In | 4 | | the case of real estate, location thereof shall be | 5 | | listed by
street address, or if none, then by legal | 6 | | description). No time or demand
deposit in a financial | 7 | | institution, nor any debt instrument need be listed;
| 8 | | (2) (Blank). Except for professional service | 9 | | entities, the name of any entity and
any position held | 10 | | therein from which income of in excess of $1,200 was
| 11 | | derived during the preceding calendar year, if the | 12 | | entity does business in
the State of Illinois. No time | 13 | | or demand deposit in a financial
institution, nor any | 14 | | debt instrument need be listed.
| 15 | | (3) The identity of any compensated lobbyist (i) | 16 | | with whom the person making
the statement maintains a | 17 | | close economic association or (ii) who is an immediate | 18 | | family member of the person making the statement , | 19 | | including the name of
the lobbyist and specifying the | 20 | | legislative matter or matters which are the
object of | 21 | | the lobbying activity, and describing the general type | 22 | | of
economic activity of the client or principal on | 23 | | whose behalf that person is
lobbying.
| 24 | | (c) The following interests shall also be listed by | 25 | | persons listed in
items (g), (h), (i), and (o) of Section | 26 | | 4A-101:
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| 1 | | (1) (Blank). The name and instrument of ownership | 2 | | in any entity doing business
with a unit of local | 3 | | government in relation to which the person is
required | 4 | | to file if the ownership interest of the person filing | 5 | | is greater
than $5,000 fair market value as of the date | 6 | | of filing or if dividends in
excess of $1,200 were | 7 | | received from the entity during the preceding
calendar | 8 | | year. (In the case of real estate, location thereof | 9 | | shall be
listed by street address, or if none, then by | 10 | | legal description). No time
or demand deposit in a | 11 | | financial institution, nor any debt instrument need
be | 12 | | listed.
| 13 | | (2) (Blank). Except for professional service | 14 | | entities, the name of any entity and
any position held | 15 | | therein from which income in excess of $1,200 was | 16 | | derived
during the preceding calendar year if the | 17 | | entity does business with a
unit of local government in | 18 | | relation to which the person is required to
file. No | 19 | | time or demand deposit in a financial institution, nor | 20 | | any debt
instrument need be listed.
| 21 | | (3) The name of any entity and the nature of the | 22 | | governmental action
requested by any entity which has | 23 | | applied to a unit of local
government
in relation to | 24 | | which the person must file for any license, franchise | 25 | | or
permit for annexation, zoning or rezoning of real | 26 | | estate during the
preceding calendar year if the |
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| 1 | | ownership interest of the person filing is
in excess of | 2 | | $5,000 fair market value at the time of filing or if | 3 | | income or
dividends in excess of $1,200 were received | 4 | | by the person filing from the
entity during the | 5 | | preceding calendar year.
| 6 | | (d) The following interests shall also be listed by | 7 | | persons listed in item (b) of Section 4A-101: | 8 | | (1) The name and instrument of ownership in any | 9 | | entity in which an ownership interest held by the | 10 | | person at the end of the preceding calendar year is in | 11 | | excess of $5,000 fair market value or from which | 12 | | dividends in excess of $1,200 were derived during the | 13 | | preceding calendar year, together with the fair market | 14 | | value of the ownership interest and the amount of any | 15 | | dividend earned. The dollar amount of the fair market | 16 | | value may be rounded to the nearest thousand. | 17 | | (2) Total income earned from all sources, together | 18 | | with the names of any entity that accounted for more | 19 | | than one-fifth of the total and the amount of income | 20 | | from that entity. The dollar amount may be rounded to | 21 | | the nearest thousand. | 22 | | (3) The name of any charity, or any organization | 23 | | required to register as a charity in the State of | 24 | | Illinois, to which the person making the statement | 25 | | contributed at least $500 during the preceding | 26 | | calendar year, together with the amount of the |
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| 1 | | donation. Dollar amounts may be rounded to the nearest | 2 | | unit of $500. | 3 | | For the purposes of this Section, the unit of local | 4 | | government in relation to which a person required to file under | 5 | | item (o) of Section 4A-101 shall be the unit of local | 6 | | government that contributes to the pension fund of which such | 7 | | person is a member of the board. | 8 | | (Source: P.A. 96-6, eff. 4-3-09.)
| 9 | | (5 ILCS 420/4A-102.5 new) | 10 | | Sec. 4A-102.5. Appointee supplemental statement. Persons | 11 | | filing statements of economic interests as a result of their | 12 | | nomination to a board or commission shall also, at the same | 13 | | time and in the same manner, file a supplement to the statement | 14 | | containing the following information: | 15 | | (1) Any contributions, in excess of $150 in the | 16 | | aggregate, to any political committee organized under the | 17 | | Election Code made since the end of the last preceding | 18 | | semi-annual disclosure period and the date the person files | 19 | | the statement of economic interests, including the amount | 20 | | of the contribution, the date, and the recipient. | 21 | | (2) Any contribution made to a legal defense fund since | 22 | | the filing of the last previous statement of economic | 23 | | interests or, if the person is filing his or her first | 24 | | statement of economic interests, in the 12 months preceding | 25 | | the filing date. |
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| 1 | | (3) The name of any immediate family member who is | 2 | | registered as a lobbyist with any State or federal agency | 3 | | or office.
| 4 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 5 | | Sec. 4A-103.
The statement of economic interests required | 6 | | by this Article to be filed
with the Secretary of State shall | 7 | | be filled in by
typewriting or hand printing, shall be | 8 | | verified, dated, and signed by manual or electronic means as | 9 | | appropriate by the
person making the statement and shall | 10 | | contain substantially the following:
| 11 | | STATEMENT OF ECONOMIC INTEREST
| 12 | | (TYPE OR HAND PRINT)
| 13 | | .............................................................
| 14 | | (name)
| 15 | | .............................................................
| 16 | | (each office or position of employment for which this
statement | 17 | | is filed)
| 18 | | .............................................................
| 19 | | (full mailing address)
| 20 | | GENERAL DIRECTIONS:
| 21 | | The interest (if constructively controlled by the person | 22 | | making the
statement) of a spouse or any other party, shall be | 23 | | considered to be the
same as the interest of the person making | 24 | | the statement.
| 25 | | Campaign receipts shall not be included in this statement.
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| 1 | | If additional space is needed, please attach supplemental | 2 | | listing.
| 3 | | 1. List the name and instrument of ownership in any entity | 4 | | doing
business in the State of Illinois, in which the ownership | 5 | | interest held by
the person at the date of filing is in excess | 6 | | of $5,000 fair market value
or from which dividends in excess | 7 | | of $1,200 were derived during the
preceding calendar year. (In | 8 | | the case of real estate, location thereof
shall be listed by | 9 | | street address, or if none, then by legal description.)
No time | 10 | | or demand deposit in a financial institution, nor any debt
| 11 | | instrument need be listed.
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12 | | Business Entity |
Instrument of Ownership | Value (if applicable) |
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13 | | | 14 | | .................. |
......................... | ........................ |
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15 | | | 16 | | .................. |
......................... | ........................ |
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17 | | | 18 | | .................. |
......................... | ........................ |
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19 | | | 20 | | .................. |
......................... | ........................ |
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21 | | 2. List the name, address and type of practice of any | 22 | | professional
organization in which the person making the | 23 | | statement was an officer,
director, associate, partner or | 24 | | proprietor or served in any advisory
capacity, from which | 25 | | income in excess of $1,200 was derived during the
preceding | 26 | | calendar year.
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| 1 | | Name |
Address |
Type of Practice | Income (if applicable) |
|
2 | | .............. |
................. |
................ | ................... |
|
3 | | .............. |
................. |
................ | ................... |
|
4 | | .............. |
................. |
................ | ................... |
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5 | | 3. List the nature of professional services rendered (other | 6 | | than to the
State of Illinois) to each entity from which income | 7 | | exceeding $5,000 was
received for professional services | 8 | | rendered during the preceding calendar
year by the person | 9 | | making the statement.
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10 | | Name |
Address |
Type of Practice | Income (if applicable) |
|
11 | | .............. |
................. |
.................. | ................. |
|
12 | | .............. |
................. |
.................. | ................. |
|
13 | | .............. |
................. |
.................. | ................. |
| 14 | | .............................................................
| 15 | | .............................................................
| 16 | | 4. List the identity (including the address or legal | 17 | | description of real
estate) of any capital asset from which a | 18 | | capital gain of $5,000 or more
was realized during the | 19 | | preceding calendar year.
| 20 | | .............................................................
| 21 | | .............................................................
| 22 | | 5. List the identity of any compensated lobbyist (i) with | 23 | | whom the person
making the statement maintains a close economic | 24 | | association (ii) or who is an immediate family member of the |
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| 1 | | person making the statement , including the
name of the lobbyist | 2 | | and specifying the legislative matter or matters which
are the | 3 | | object of the lobbying activity, and describing the general | 4 | | type of
economic activity of the client or principal on whose | 5 | | behalf that person is
lobbying.
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6 | | Lobbyist |
Legislative Matter |
Client or Principal |
|
7 | | ................... |
.................... |
..................... |
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8 | | ................... |
.................... |
..................... |
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9 | | 6. List the name of any entity doing business in the State | 10 | | of Illinois
from which income in excess of $1,200 was derived | 11 | | during the preceding
calendar year other than for professional | 12 | | services and the title or
description of any position held in | 13 | | that entity. (In the case of real
estate, location thereof | 14 | | shall be listed by street address, or if none,
then by legal | 15 | | description). No time or demand deposit in a financial
| 16 | | institution nor any debt instrument need be listed.
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17 | | Entity |
Position Held |
Income (if applicable) |
|
18 | | .............. |
................. |
................... |
|
19 | | .............. |
................. |
................... |
|
20 | | .............. |
................. |
................... |
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21 | | 7. List the name of any unit of government which employed | 22 | | the person
making the statement during the preceding calendar | 23 | | year other than the unit
or units
of government in relation to | 24 | | which the person is required to file.
| 25 | | .............................................................
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| 1 | | .............................................................
| 2 | | 8. List the name of any entity from which a gift or gifts, | 3 | | or honorarium
or honoraria, valued singly or in the aggregate | 4 | | in excess of $500, was
received during the preceding calendar | 5 | | year.
| 6 | | .............................................................
| 7 | | VERIFICATION:
| 8 | | "I declare that this statement of economic interests | 9 | | (including any
accompanying schedules and statements) has been | 10 | | examined by me and to the
best of my knowledge and belief is a | 11 | | true, correct and complete statement
of my economic interests | 12 | | as required by the Illinois Governmental Ethics
Act. I | 13 | | understand that the penalty for willfully filing a false or
| 14 | | incomplete statement shall be a fine not to exceed $1,000 or | 15 | | imprisonment
in a penal institution other than the penitentiary | 16 | | not to exceed one year,
or both fine and imprisonment."
| 17 | | ................ ..........................................
| 18 | | (date of filing) (signature of person making the statement)
| 19 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 20 | | (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
| 21 | | Sec. 4A-104.
The statement of economic interests required | 22 | | by this Article to be filed
with the county clerk shall be | 23 | | filled in by typewriting
or hand printing, shall be verified, | 24 | | dated, and signed by manual or electronic means as appropriate | 25 | | by the person
making the statement and shall contain |
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| 1 | | substantially the following:
| 2 | | STATEMENT OF ECONOMIC INTERESTS
| 3 | | (TYPE OR HAND PRINT)
| 4 | | .............................................................
| 5 | | (Name)
| 6 | | .............................................................
| 7 | | (each office or position of employment for which this
statement | 8 | | is filed)
...................................................
| 9 | | (full mailing address)
| 10 | | GENERAL DIRECTIONS:
| 11 | | The interest (if constructively controlled by the person | 12 | | making the
statement) of a spouse or any other party, shall be | 13 | | considered to be the
same as the interest of the person making | 14 | | the statement.
| 15 | | Campaign receipts shall not be included in this statement.
| 16 | | If additional space is needed, please attach supplemental | 17 | | listing.
| 18 | | 1. List the name and instrument of ownership in any entity | 19 | | doing
business with a unit of local government in relation to | 20 | | which the
person
is required to file, in which the ownership | 21 | | interest held by the person at any point during
the preceding | 22 | | calendar year date of filing is in excess of $5,000 fair market | 23 | | value or from which
dividends in excess of $1,200 were received | 24 | | during the preceding calendar
year. (In the case of real | 25 | | estate, location thereof shall be listed by
street address, or | 26 | | if none, then by legal description.) No time or demand
deposit |
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| 1 | | in a financial institution, nor any debt instrument shall be
| 2 | | listed.
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3 | | Business |
Instrument of |
Position of |
|
4 | | Entity |
Ownership |
Management |
|
5 | | ................... |
.................... |
..................... |
|
6 | | ................... |
.................... |
..................... |
|
7 | | ................... |
.................... |
..................... |
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8 | | 2. List the name, address and type of practice of any | 9 | | professional
organization in which the person making the | 10 | | statement was an officer,
director, associate, partner or | 11 | | proprietor, or served in any advisory
capacity, from which | 12 | | income in excess of $1,200 was derived during the
preceding | 13 | | calendar year.
|
|
14 | | Name |
Address |
Type of Practice |
|
15 | | .................... |
.................... |
..................... |
|
16 | | .................... |
.................... |
..................... |
|
17 | | .................... |
.................... |
..................... |
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18 | | 3. List the nature of professional services rendered (other | 19 | | than to the
unit or units of local government in relation to | 20 | | which the person is
required to
file) to each entity from which | 21 | | income exceeding $5,000 was received for
professional services | 22 | | rendered during the preceding calendar year by the
person | 23 | | making the statement.
| 24 | | .............................................................
| 25 | | .............................................................
| 26 | | 4. List the identity (including the address or legal |
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| 1 | | description of real
estate) of any capital asset from which a | 2 | | capital gain of $5,000 or more
was realized during the | 3 | | preceding calendar year.
| 4 | | .............................................................
| 5 | | .............................................................
| 6 | | .............................................................
| 7 | | 5. List the name of any entity and the nature of the | 8 | | governmental action
requested by any entity which has applied | 9 | | to a unit of local
government
in relation to which the person | 10 | | must file for any license, franchise or
permit for annexation, | 11 | | zoning or rezoning of real estate during the
preceding calendar | 12 | | year if the ownership interest of the person filing is
in | 13 | | excess of $5,000 fair market value at the time of filing or if | 14 | | income or
dividends in excess of $1200 were received by the | 15 | | person filing from the
entity during the preceding calendar | 16 | | year.
| 17 | | .............................................................
| 18 | | .............................................................
| 19 | | .............................................................
| 20 | | 6. List the name of any entity doing business with a unit | 21 | | of
local
government in relation to which the person is required | 22 | | to file from which
income in excess of $1,200 was derived | 23 | | during the preceding calendar year
other than for professional | 24 | | services and the title or description of any
position held in | 25 | | that entity. No time or demand deposit in a financial
| 26 | | institution nor any debt instrument need be listed.
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| 1 | | .............................................................
| 2 | | .............................................................
| 3 | | 7. List the name of any unit of government which employed | 4 | | the person
making the statement during the preceding calendar | 5 | | year other than the unit
or units of government in relation to | 6 | | which the person is required to file.
| 7 | | .............................................................
| 8 | | .............................................................
| 9 | | 8. List the name of any entity from which a gift or gifts, | 10 | | or honorarium
or honoraria, valued singly or in the aggregate | 11 | | in excess of $500, was
received during the preceding calendar | 12 | | year.
| 13 | | .............................................................
| 14 | | VERIFICATION:
| 15 | | "I declare that this statement of economic interests | 16 | | (including any
accompanying schedules and statements) has been | 17 | | examined by me and to the
best of my knowledge and belief is a | 18 | | true, correct and complete statement
of my economic interests | 19 | | as required by the Illinois Governmental Ethics
Act. I | 20 | | understand that the penalty for willfully filing a false or
| 21 | | incomplete statement shall be a fine not to exceed $1,000 or | 22 | | imprisonment
in a penal institution other than the penitentiary | 23 | | not to exceed one year,
or both fine and imprisonment."
| 24 | | ................ ..........................................
| 25 | | (date of filing) (signature of person making the statement)
| 26 | | (Source: P.A. 95-173, eff. 1-1-08.)
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| 1 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 2 | | Sec. 4A-105. Time for filing. Except as provided in | 3 | | Section 4A-106.1, by
May 1 of each year a statement must be | 4 | | filed by each person
whose position at that time subjects him | 5 | | to the filing requirements of Section
4A-101 unless he has | 6 | | already filed a statement in relation to the same unit of
| 7 | | government in that calendar year.
| 8 | | Statements must also be filed as follows:
| 9 | | (a) A candidate for elective office shall file his | 10 | | statement not later
than the end of the period during which | 11 | | he can take the action necessary
under the laws of this | 12 | | State to attempt to qualify for nomination, election, or
| 13 | | retention to such office if he has not already filed a | 14 | | statement in relation to the
same unit of government during | 15 | | that same calendar year within a year preceding such | 16 | | action .
| 17 | | (b) A person whose appointment to office is subject to | 18 | | confirmation by
the Senate shall file his statement at the | 19 | | time his name is submitted to
the Senate for confirmation.
| 20 | | (b-5) A special government agent, as defined in
item | 21 | | (1) of Section 4A-101 of this Act, shall file a statement | 22 | | within 30 days
after
making the first ex parte | 23 | | communication and each May 1 thereafter if he or she
has | 24 | | made an ex parte communication within the previous 12 | 25 | | months.
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| 1 | | (c) Any other person required by this Article to file | 2 | | the statement
shall file a statement at the time of his or | 3 | | her initial appointment or
employment in relation to that | 4 | | unit of government if appointed or employed by
May 1.
| 5 | | If any person who is required to file a statement of | 6 | | economic interests
fails to file such statement by May 1 of any | 7 | | year, the officer with whom
such statement is to be filed under | 8 | | Section 4A-106 of this Act shall,
within 7 days after May 1, | 9 | | notify such person by certified mail of his or
her failure to | 10 | | file by the specified date. Except as may be prescribed by
rule | 11 | | of the Secretary of State, such person shall file his or
her | 12 | | statement of economic interests on or before May 15 with the
| 13 | | appropriate officer, together with a $15 late filing fee. Any | 14 | | such person
who fails to file by May 15 shall be subject to a | 15 | | penalty of $100 for each
day from May 16 to the date of filing, | 16 | | which shall be in addition to the $15
late filing fee specified | 17 | | above. Failure to file by May 31 shall result in a
forfeiture | 18 | | in accordance with Section 4A-107 of this Act.
| 19 | | Any person who takes office or otherwise becomes required | 20 | | to file a
statement of economic interests within 30 days prior | 21 | | to May 1 of any year
may file his or her statement at any time | 22 | | on or before May 31 without
penalty. If such person fails to | 23 | | file such statement by May 31, the
officer with whom such | 24 | | statement is to be filed under Section 4A-106 of
this Act | 25 | | shall, within 7 days after May 31, notify such person by | 26 | | certified
mail of his or her failure to file by the specified |
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| 1 | | date. Such person
shall file his or her statement of economic | 2 | | interests on or before June 15 with
the appropriate officer, | 3 | | together with a $15 late filing fee. Any such
person who fails | 4 | | to file by June 15 shall be subject to a penalty of $100
per day | 5 | | for each day from June 16 to the date of filing, which shall be | 6 | | in
addition to the $15 late filing fee specified above. Failure | 7 | | to file by June
30 shall result in a forfeiture in accordance | 8 | | with Section 4A-107 of this Act.
| 9 | | All late filing fees and penalties collected pursuant to | 10 | | this Section
shall be paid into the General Revenue Fund in the | 11 | | State treasury, if the
Secretary of State receives such | 12 | | statement for filing, or into the general
fund in the county | 13 | | treasury, if the county clerk receives such statement
for | 14 | | filing. The Attorney General, with respect to the State, and | 15 | | the
several State's Attorneys, with respect to counties, shall | 16 | | take appropriate
action to collect the prescribed penalties.
| 17 | | Failure to file a statement of economic interests within | 18 | | the time
prescribed shall not result in a fine or ineligibility | 19 | | for, or forfeiture of,
office or position of employment, as the | 20 | | case may be; provided that the failure
to file results from not | 21 | | being included for notification by the appropriate
agency, | 22 | | clerk, secretary, officer or unit of government, as the case | 23 | | may be,
and that a statement is filed within 30 days of actual | 24 | | notice of the failure to
file.
| 25 | | Beginning with statements required to be filed on or after | 26 | | May 1, 2009, the officer with whom a statement is to be filed |
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| 1 | | may, in his or her discretion, waive the late filing fee, the | 2 | | monetary late filing penalty, and the ineligibility for or | 3 | | forfeiture of office or position for failure to file when the | 4 | | person's late filing of a statement or failure to file a | 5 | | statement is due to his or her (i) serious or catastrophic | 6 | | illness that renders the person temporarily incapable of | 7 | | completing the statement or (ii) military service. | 8 | | (Source: P.A. 96-550, eff. 8-17-09.)
| 9 | | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| 10 | | Sec. 4A-106. Notification; electronic filing. | 11 | | (a) The statements of economic interests required of | 12 | | persons
listed in items (a) through (f), item (j), item (l), | 13 | | and item (n) of
Section 4A-101 shall be
filed with the | 14 | | Secretary of State. The Secretary of State shall by rule | 15 | | provide for the electronic filing of statements as follows: | 16 | | Beginning January 1, 2012, or as soon thereafter as the | 17 | | Secretary of State has provided adequate software to persons | 18 | | required to file under this Article, all statements filed under | 19 | | this Article shall be filed in electronic format. The Secretary | 20 | | shall promptly upon verification make all statements filed | 21 | | under this Article publicly available by means of a searchable | 22 | | database that is accessible through the World Wide Web. | 23 | | "Searchable" means, for the purpose of this Section, that any | 24 | | person may query each question for any proper names and | 25 | | addresses. The Secretary of State shall provide all software |
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| 1 | | necessary to comply with this Section and shall implement a | 2 | | plan to provide computer access and assistance to persons | 3 | | required to file by this Article. | 4 | | (b) The statements of economic interests
required of | 5 | | persons listed in items (g), (h), (i), (k), and (o) of
Section
| 6 | | 4A-101 shall be filed with the county clerk of the county in | 7 | | which the
principal office of the unit of local government with | 8 | | which the person is
associated is located. If it is not | 9 | | apparent which county the principal office
of a unit of local | 10 | | government is located, the chief administrative officer, or
his | 11 | | or her designee, has the authority, for purposes of this Act, | 12 | | to determine
the county in which the principal office is | 13 | | located. | 14 | | (c) On or before February 1
annually, (1) the chief | 15 | | administrative officer of any State agency in the
executive, | 16 | | legislative, or judicial branch employing persons required to | 17 | | file
under item (f) or item (l) of Section
4A-101 and the chief | 18 | | administrative officer of a board described in item (n) of | 19 | | Section 4A-101 shall certify to the Secretary of State the | 20 | | names and mailing addresses
of those persons . The State Board | 21 | | of Elections shall, within 14 days after the proclamation of | 22 | | the results of a general primary pursuant to Section 7-58 of | 23 | | the Election Code, provide the Secretary of State with a true | 24 | | alphabetical listing of the names and related information, | 25 | | including their addresses and the office they are seeking, of | 26 | | candidates who were nominated in a general primary election. , |
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| 1 | | and (2) | 2 | | (d) On or before February 1 annually, the chief | 3 | | administrative officer, or his or her
designee, of each unit of | 4 | | local government with persons described in items (h),
(i) and | 5 | | (k) and a board described in item (o) of Section 4A-101 shall | 6 | | certify to the appropriate county clerk a
list of names and | 7 | | addresses of persons described in items (h), (i),
(k), and (o) | 8 | | of
Section 4A-101 that are required to file. In preparing the | 9 | | lists, each chief
administrative officer, or his or her | 10 | | designee, shall set out the names in
alphabetical order.
Any | 11 | | local election authority shall within 14 days after | 12 | | proclamation of the results of a primary election, provide the | 13 | | county clerk with a true alphabetical listing of the names and | 14 | | related information, including their addresses and the office | 15 | | they are seeking, of candidates who nominated in a general | 16 | | primary election. Any county clerk who makes available in his | 17 | | or her principal offices terminals by means of which the | 18 | | general public may access statements of economic interest filed | 19 | | with the Secretary of State's office and posted to the | 20 | | Secretary of State's website may waive the requirement that a | 21 | | person file a paper form with that county clerk with respect to | 22 | | persons whose forms have been electronically filed with the | 23 | | Secretary of State's office.
| 24 | | (e) On or before April 1 annually, the Secretary of State | 25 | | shall notify (1)
all persons whose names have been certified to | 26 | | him under items (f),
(l), and (n) of
Section 4A-101, and (2) |
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| 1 | | all persons described in items (a) through (e) and
item (j) of | 2 | | Section 4A-101 , together, in even-numbered years, with the | 3 | | names of candidates nominated at the most recent general | 4 | | primary , other than candidates for office who have filed
their | 5 | | statements with their nominating petitions, of the | 6 | | requirements for
filing statements of economic interests.
A | 7 | | person required to file with the Secretary of State by virtue | 8 | | of more than
one item among items (a) through (f) and items | 9 | | (j), (l), and (n)
shall be notified of and is
required
to file | 10 | | only one statement of economic interests relating to all items | 11 | | under
which the person is required to file with the Secretary | 12 | | of State.
| 13 | | (f) On or before April 1 annually, the county clerk of each | 14 | | county shall
notify all persons whose names have been certified | 15 | | to him under items (g),
(h), (i), (k), and (o) of Section | 16 | | 4A-101 , other than candidates
for office who have filed their | 17 | | statements with their nominating petitions , of
the | 18 | | requirements for filing statements of economic interests.
A | 19 | | person required to file with a county clerk by virtue of more | 20 | | than one item
among items (g), (h), (i), (k), and (o) shall be | 21 | | notified of and is
required to
file only one statement of | 22 | | economic interests relating to all items under which
the person | 23 | | is required to file with that county clerk.
| 24 | | (g) Except as provided in Section 4A-106.1, the notices | 25 | | provided for in this
Section shall be in writing and deposited | 26 | | in
the U.S. Mail, properly addressed, first class postage |
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| 1 | | prepaid, on or before
the day required by this Section for the | 2 | | sending of the notice. Alternatively, a county clerk may send | 3 | | the notices electronically to all persons whose names have been | 4 | | thus certified to him under item (h), (i), or (k) of Section | 5 | | 4A-101. A certificate
executed by the Secretary of State or | 6 | | county clerk attesting that he or she has sent
the notice by | 7 | | the means permitted by this Section constitutes prima facie | 8 | | evidence thereof.
| 9 | | (h) From the lists certified to him under this Section of | 10 | | persons described in
items (g), (h), (i), (k), and (o) of | 11 | | Section 4A-101, the clerk
of each county shall
compile an | 12 | | alphabetical listing of persons required to file statements of
| 13 | | economic interests in his office under any of those items. As | 14 | | the
statements are filed in his office, the county clerk shall | 15 | | cause the fact
of that filing to be indicated on the | 16 | | alphabetical listing of persons who
are required to file | 17 | | statements. Within 30 days after the due dates, the county
| 18 | | clerk shall mail to the State Board of Elections a true copy of | 19 | | that listing
showing those who have filed statements.
| 20 | | (i) The county clerk of each county shall note upon the | 21 | | alphabetical listing
the names of all persons required to file | 22 | | a statement of economic interests
who failed to file a | 23 | | statement on or before May 1. It shall be the duty of
the | 24 | | several county clerks to give notice as provided in Section | 25 | | 4A-105 to
any person who has failed to file his or her | 26 | | statement with the clerk on or
before May 1.
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| 1 | | (j) Any person who files or has filed a statement of | 2 | | economic interest
under this Act is entitled to receive from | 3 | | the Secretary of State or county
clerk, as the case may be, a | 4 | | receipt indicating that the person has filed
such a statement, | 5 | | the date of such filing, and the identity of the
governmental | 6 | | unit or units in relation to which the filing is required.
A | 7 | | county clerk shall issue such receipt either on proof that the | 8 | | person has filed with the Secretary of State in electronic | 9 | | format or upon receipt of a paper form.
| 10 | | (k) The Secretary of State may employ such employees and | 11 | | consultants
as he considers necessary to carry out his duties | 12 | | hereunder, and may
prescribe their duties, fix their | 13 | | compensation, and provide for
reimbursement of their expenses.
| 14 | | (l) The Secretary of State shall provide training, through | 15 | | the Secretary of State's website, for ethics officers appointed | 16 | | under the State Officers and Employees Ethics Act and through | 17 | | the Secretary of State's website, for persons required to file | 18 | | statements of economic interests. | 19 | | (m) All statements of economic interests filed under this | 20 | | Section shall be
available for examination and copying by the | 21 | | public at all reasonable times.
Not later than 12 months after | 22 | | the effective date of this amendatory Act of
the 93rd General | 23 | | Assembly, beginning with statements filed in calendar year
| 24 | | 2004, the Secretary of State shall make statements of economic | 25 | | interests filed
with the Secretary available for inspection and | 26 | | copying via the Secretary's
website.
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| 1 | | (Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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