Public Act 096-0550
 
SB1592 Enrolled LRB096 00010 JAM 11974 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Governmental Ethics Act is amended
by changing Sections 4A-105 and 4A-107 as follows:
 
    (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
    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
government in that calendar year.
    Statements must also be filed as follows:
        (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
    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.
        (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.
        (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.
        (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.
    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
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.
    Any person who takes office or otherwise becomes required
to file a statement of economic interests within 30 days prior
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.
    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.
    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
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.
    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.)
 
    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
    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.
    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
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
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 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
economic interests is required, with respect to offices or
positions described in items (g) through (i) and item (k) 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.
(Source: P.A. 93-617, eff. 12-9-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2009