Full Text of HB4379 100th General Assembly
HB4379eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 4A-105 as follows: | 6 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 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
| 12 | | government in that calendar year.
| 13 | | Statements must also be filed as follows:
| 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
| 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.
| 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.
| 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.
| 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
| 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.
| 25 | | Beginning with statements required to be filed on or after | 26 | | May 1, 2019, any person (i) who is required to file a statement |
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| 1 | | of economic interest under this Article, and (ii) who is a | 2 | | member of a board or commission that functions solely in an | 3 | | advisory capacity and does not issue binding recommendations or | 4 | | determinations, shall not be subject to a penalty of $100 per | 5 | | day for each day from May 16 to the date of filing for failing | 6 | | to file his or her statement by May 15. However, such person | 7 | | shall still be assessed the $15 late filing fee for failing to | 8 | | file his or her statement by May 1, and shall also be subject | 9 | | to a forfeiture in accordance with Section 4A-107 for failure | 10 | | to file by May 31. | 11 | | Any person who takes office or otherwise becomes required | 12 | | to file a
statement of economic interests within 30 days prior | 13 | | to May 1 of any year
may file his or her statement at any time | 14 | | on or before May 31 without
penalty. If such person fails to | 15 | | file such statement by May 31, the
officer with whom such | 16 | | statement is to be filed under Section 4A-106 of
this Act | 17 | | shall, within 7 days after May 31, notify such person by | 18 | | certified
mail of his or her failure to file by the specified | 19 | | date. Such person
shall file his or her statement of economic | 20 | | interests on or before June 15 with
the appropriate officer, | 21 | | together with a $15 late filing fee. Any such
person who fails | 22 | | to file by June 15 shall be subject to a penalty of $100
per day | 23 | | for each day from June 16 to the date of filing, which shall be | 24 | | in
addition to the $15 late filing fee specified above. Failure | 25 | | to file by June
30 shall result in a forfeiture in accordance | 26 | | with Section 4A-107 of this Act.
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| 1 | | Beginning with statements required to be filed on or after | 2 | | May 1, 2019, any person (i) who takes office or otherwise | 3 | | becomes required to file a statement of economic interests | 4 | | within 30 days prior to May 1, and (ii) who is a member of a | 5 | | board or commission that functions solely in an advisory | 6 | | capacity and does not issue binding recommendations or | 7 | | determinations, shall not be subject to a penalty of $100 per | 8 | | day for each day from June 16 to the date of filing for failing | 9 | | to file his or her statement by June 15. However, such person | 10 | | shall still be assessed the $15 late filing fee for failing to | 11 | | file his or her statement by May 31, and shall also be subject | 12 | | to a forfeiture in accordance with Section 4A-107 for failure | 13 | | to file by June 30. | 14 | | All late filing fees and penalties collected pursuant to | 15 | | this Section
shall be paid into the General Revenue Fund in the | 16 | | State treasury, if the
Secretary of State receives such | 17 | | statement for filing, or into the general
fund in the county | 18 | | treasury, if the county clerk receives such statement
for | 19 | | filing. The Attorney General, with respect to the State, and | 20 | | the
several State's Attorneys, with respect to counties, shall | 21 | | take appropriate
action to collect the prescribed penalties.
| 22 | | Failure to file a statement of economic interests within | 23 | | the time
prescribed shall not result in a fine or ineligibility | 24 | | for, or forfeiture of,
office or position of employment, as the | 25 | | case may be; provided that the failure
to file results from not | 26 | | being included for notification by the appropriate
agency, |
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| 1 | | clerk, secretary, officer or unit of government, as the case | 2 | | may be,
and that a statement is filed within 30 days of actual | 3 | | notice of the failure to
file.
| 4 | | Beginning with statements required to be filed on or after | 5 | | May 1, 2009, the officer with whom a statement is to be filed | 6 | | may, in his or her discretion, waive the late filing fee, the | 7 | | monetary late filing penalty, and the ineligibility for or | 8 | | forfeiture of office or position for failure to file when the | 9 | | person's late filing of a statement or failure to file a | 10 | | statement is due to his or her (i) serious or catastrophic | 11 | | illness that renders the person temporarily incapable of | 12 | | completing the statement or (ii) military service. | 13 | | (Source: P.A. 96-550, eff. 8-17-09.)
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