97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1237

 

Introduced 2/8/2011, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-100 new
5 ILCS 420/4A-102  from Ch. 127, par. 604A-102
5 ILCS 420/4A-102.5 new
5 ILCS 420/4A-103  from Ch. 127, par. 604A-103
5 ILCS 420/4A-104  from Ch. 127, par. 604A-104
5 ILCS 420/4A-105  from Ch. 127, par. 604A-105
5 ILCS 420/4A-106  from Ch. 127, par. 604A-106

    Amends the Illinois Governmental Ethics Act. With respect to statements of economic interests, makes changes concerning: interests of spouses and immediate family members living with the person required to file; development of forms by the Secretary of State that replicate federal forms; supplemental filings by board and commission appointees; electronic filing; posting of statements by the Secretary of State in a searchable database on the Internet; and training by the Secretary of State for ethics officers and persons required to file statements. Effective immediately.


LRB097 07170 JDS 47274 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1237LRB097 07170 JDS 47274 b

1    AN ACT concerning ethics.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Sections 4A-102, 4A-103, 4A-104, 4A-105, and 4A-106
6and 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,
10brother, sister, or child of the reporting individual sharing
11the same household.
12    (b) "Income" means income derived from any source,
13including but not limited to the following: (i) compensation
14for services, including fees, commissions, and similar items;
15(ii) gross income derived from business (and net income if the
16person elects to include it); (iii) gains received from
17dealings in property; (iv) interest; (v) rents; (vi) royalties;
18(vii) dividends; (viii) annuities; (ix) income from life
19insurance and endowment contracts; (x) pensions; (xi) income
20from discharge of indebtedness; (xii) distributive share of
21partnership income; and (xiii) income from an interest in an
22estate or trust. "Income" does not include campaign receipts
23reported on financial disclosure reports filed with the State

 

 

SB1237- 2 -LRB097 07170 JDS 47274 b

1Board of Elections, unless such receipts are claimed for
2personal use.
3    (c) "Category of value" means the following classification
4system: (i) not more than $1,000, (ii) greater than $1,000 but
5not more than $2,500, (iii) greater than $2,500 but not more
6than $5,000, (iv) greater than $5,000 but not more than
7$15,000, (v) greater than $15,000 but not more than $50,000,
8(vi) greater than $50,000 but not more than $100,000, (vii)
9greater than $100,000 but not more than $1,000,000, (viii)
10greater than $1,000,000 but not more than $5,000,000, or (ix)
11greater than $5,000,000.
12    (d) "Constructive control." An interest may be said to be
13constructively controlled by the person filing the report if
14the person filing the report is a trustee, proxy, guardian, or
15advisor with regard to decisions to acquire, retain, or divest
16all or any portion of an interest.
 
17    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
18    Sec. 4A-102. The statement of economic interests required
19by this Article shall include the economic interests of the
20person making the statement as provided in this Section. The
21interest (if constructively controlled by the person making the
22statement) of a spouse, or any other party if constructively
23controlled by the person making the statement, shall be
24considered to be the same as the interest of the person making
25the statement. Campaign receipts shall not be included in this

 

 

SB1237- 3 -LRB097 07170 JDS 47274 b

1statement.
2        (a) The following interests shall be listed by all
3    persons required to file:
4            (1) The source, type, and amount or value of income
5        (other than income referred to in subsection (a)(2))
6        from any source other than from current employment by
7        the State of Illinois.
8            (2) The source and type of income, which consists
9        of income from dividends, rents, interest, trusts, and
10        capital gains, received during the preceding calendar
11        year that exceeds $200 in amount or value, and an
12        indication of the appropriate category of value such
13        item of income is within.
14            (3) The source, date, and amount of payments made
15        to charitable organizations in lieu of honoraria with a
16        corresponding list of recipients of all such payments,
17        together with the dates and amounts of such payments.
18            (4) The identity and category of value of any
19        interest in property held during the preceding
20        calendar year in a trade or business or for investment
21        or production of income, if the property has a fair
22        market value in excess of $1,000 at the close of the
23        preceding calendar year. This item does not include any
24        personal liability owed (i) to the person filing the
25        statement by his or her immediate family members or
26        (ii) to the spouse of the person filing the statement.

 

 

SB1237- 4 -LRB097 07170 JDS 47274 b

1        This paragraph (4) also does not include deposits
2        aggregating to $5,000 or less in a personal savings
3        account, including certificates of deposit and any
4        other form of deposit in a bank, savings and loan
5        association, credit union, or similar financial
6        institution.
7            (5) The identity and category of value of the total
8        liabilities in excess of $5,000 owed at any time during
9        the preceding calendar year to any creditor other than
10        (i) an immediate family member of the person filing the
11        statement or (ii) an immediate family member of the
12        spouse of the person filing the statement. This item
13        does not include:
14                (A) Any mortgage secured by real property that
15            is the primary personal residence of the person
16            filing the statement.
17                (B) Any loan secured by a personal motor
18            vehicle, household furniture, appliance, or other
19            similar effect if the loan does not exceed the
20            purchase price of the item or items that secure it.
21                (C) Any debt owed by a political committee
22            associated with the person filing the statement,
23            provided that such debt is reported as required by
24            Article 9 of the Election Code.
25            With regard to revolving charge accounts, the
26        person filing the statement need report only his or her

 

 

SB1237- 5 -LRB097 07170 JDS 47274 b

1        outstanding aggregate liability across all accounts,
2        and only if in excess of $10,000 at the close of the
3        preceding calendar year.
4            (6) A brief description, the date, and the category
5        of value of any purchase, sale, or exchange in excess
6        of $1,000 during the preceding calendar year of (i)
7        real property other than real property used solely for
8        the primary personal residence of the person filing the
9        statement or his or her spouse or (ii) stocks, bonds,
10        commodity futures, and other forms of securities. This
11        item does not apply to transactions solely by and
12        between the person filing the statement and his or her
13        immediate family members.
14            (7) The identity of all positions held during the
15        preceding calendar year as an officer, director,
16        trustee, partner, proprietor, representative,
17        employee, or consultant of any corporation, company,
18        firm, partnership, other business enterprise,
19        non-profit organization, labor organization, or
20        educational or other institution of the State, a unit
21        of government, a school district, or the United States.
22        This item does not apply to positions in religious,
23        social, fraternal, or political organizations or
24        positions of a solely honorary nature.
25            (8) The date of, the parties to, and a description
26        of the terms of any agreement or arrangement with

 

 

SB1237- 6 -LRB097 07170 JDS 47274 b

1        respect to (i) future employment; (ii) a leave of
2        absence from the unit of government in relation to
3        which the person is required to file the statement;
4        (iii) contributions or payments by a former employer
5        other than the unit of government in relation to which
6        the person is required to file the statement; and (iv)
7        continuing participation in an employee welfare or
8        benefit plan with a former employer.
9            (9) The source, date, and amount of honoraria
10        aggregating to $200 or more during the preceding
11        calendar year.
12            (10) The source, date, and amount or value of any
13        gift or gifts (i) valued singularly or in the aggregate
14        in excess of $500 during the preceding calendar year to
15        the person filing the statement or an immediate family
16        member of the person filing the statement, from any
17        person other than an immediate family member or (ii)
18        from a prohibited source as defined by the State
19        Officials and Employees Ethics Act, even if that source
20        is also an immediate family member, and within any of
21        the following captioned items listed in Section 10-15
22        of that Act, regardless of whether the person filing
23        the statement is otherwise subject to that Act:
24        educational materials and missions; and travel
25        expenses for a meeting to discuss State government.
26            (1) The name, address and type of practice of any

 

 

SB1237- 7 -LRB097 07170 JDS 47274 b

1        professional organization or individual professional
2        practice in which the person making the statement was
3        an officer, director, associate, partner or
4        proprietor, or served in any advisory capacity, from
5        which income in excess of $1200 was derived during the
6        preceding calendar year;
7            (2) The nature of professional services (other
8        than services rendered to the unit or units of
9        government in relation to which the person is required
10        to file) and the nature of the entity to which they
11        were rendered if fees exceeding $5,000 were received
12        during the preceding calendar year from the entity for
13        professional services rendered by the person making
14        the statement.
15            (3) The identity (including the address or legal
16        description of real estate) of any capital asset from
17        which a capital gain of $5,000 or more was realized in
18        the preceding calendar year.
19            (11) (4) The name of any unit of government which
20        has employed the person making the statement during the
21        preceding calendar year other than the unit or units of
22        government in relation to which the person is required
23        to file.
24            (5) The name of any entity from which a gift or
25        gifts, or honorarium or honoraria, valued singly or in
26        the aggregate in excess of $500, was received during

 

 

SB1237- 8 -LRB097 07170 JDS 47274 b

1        the preceding calendar year.
2        (b) The following interests shall also be listed by
3    persons listed in items (a) through (f), item (l), and item
4    (n) of Section 4A-101:
5            (1) (Blank). The name and instrument of ownership
6        in any entity doing business in the State of Illinois,
7        in which an ownership interest held by the person at
8        the date of filing is in excess of $5,000 fair market
9        value or from which dividends of in excess of $1,200
10        were derived during the preceding calendar year. (In
11        the case of real estate, location thereof shall be
12        listed by street address, or if none, then by legal
13        description). No time or demand deposit in a financial
14        institution, nor any debt instrument need be listed;
15            (2) (Blank). Except for professional service
16        entities, the name of any entity and any position held
17        therein from which income of in excess of $1,200 was
18        derived during the preceding calendar year, if the
19        entity does business in the State of Illinois. No time
20        or demand deposit in a financial institution, nor any
21        debt instrument need be listed.
22            (3) The identity of any compensated lobbyist with
23        whom the person making the statement maintains a close
24        economic or personal relationship association,
25        including the name of the lobbyist and specifying the
26        legislative matter or matters which are the object of

 

 

SB1237- 9 -LRB097 07170 JDS 47274 b

1        the lobbying activity, and describing the general type
2        of economic activity of the client or principal on
3        whose behalf that person is lobbying.
4        (c) The following interests shall also be listed by
5    persons listed in items (g), (h), (i), and (o) of Section
6    4A-101:
7            (1) The name and instrument of ownership in any
8        entity doing business with a unit of local government
9        in relation to which the person is required to file if
10        the ownership interest of the person filing is greater
11        than $5,000 fair market value as of the date of filing
12        or if dividends in excess of $1,200 were received from
13        the entity during the preceding calendar year. (In the
14        case of real estate, location thereof shall be listed
15        by street address, or if none, then by legal
16        description). No time or demand deposit in a financial
17        institution, nor any debt instrument need be listed.
18            (2) (Blank). Except for professional service
19        entities, the name of any entity and any position held
20        therein from which income in excess of $1,200 was
21        derived during the preceding calendar year if the
22        entity does business with a unit of local government in
23        relation to which the person is required to file. No
24        time or demand deposit in a financial institution, nor
25        any debt instrument need be listed.
26            (3) The name of any entity and the nature of the

 

 

SB1237- 10 -LRB097 07170 JDS 47274 b

1        governmental action requested by any entity which has
2        applied to a unit of local government in relation to
3        which the person must file for any license, franchise
4        or permit for annexation, zoning or rezoning of real
5        estate during the preceding calendar year if the
6        ownership interest of the person filing is in excess of
7        $5,000 fair market value at the time of filing or if
8        income or dividends in excess of $1,200 were received
9        by the person filing from the entity during the
10        preceding calendar year.
11    For the purposes of this Section, the unit of local
12government in relation to which a person required to file under
13item (o) of Section 4A-101 shall be the unit of local
14government that contributes to the pension fund of which such
15person is a member of the board.
16(Source: P.A. 96-6, eff. 4-3-09.)
 
17    (5 ILCS 420/4A-102.5 new)
18    Sec. 4A-102.5. Appointee supplemental statement. Persons
19filing statements of economic interests as a result of their
20nomination to a board or commission shall also, at the same
21time and in the same manner, file a supplement to the statement
22containing the following information:
23        (1) Any contributions, in excess of $150 in the
24    aggregate, to any political committee organized under the
25    Election Code made since the end of the last preceding

 

 

SB1237- 11 -LRB097 07170 JDS 47274 b

1    semi-annual disclosure period and the date the person files
2    the statement of economic interests, including the amount
3    of the contribution, the date, and the recipient.
4        (2) Any contribution made to a legal defense fund since
5    the filing of the last previous statement of economic
6    interests or, if the person is filing his or her first
7    statement of economic interests, in the 12 months preceding
8    the filing date.
9        (3) The name of any immediate family member who is
10    registered as a lobbyist with any State or federal agency
11    or office.
 
12    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
13    Sec. 4A-103. The statement of economic interests required
14by this Article to be filed with the Secretary of State shall
15be filled in by typewriting or hand printing, shall be
16verified, dated, and signed by manual or electronic means as
17appropriate by the person making the statement, and made in a
18form prescribed by the Secretary of State that shall, in paper
19and electronic formats, substantially replicate the design of
20the 2002 Public Financial Disclosure Report forms employed by
21the United States Congress for purposes of complying with the
22Ethics in Government Act of 1978. and shall contain
23substantially the following:
24
STATEMENT OF ECONOMIC INTEREST
25
(TYPE OR HAND PRINT)

 

 

SB1237- 12 -LRB097 07170 JDS 47274 b

1.............................................................
2(name)
3.............................................................
4(each office or position of employment for which this statement
5is filed)
6.............................................................
7(full mailing address)
8GENERAL DIRECTIONS:
9    The interest (if constructively controlled by the person
10making the statement) of a spouse or any other party, shall be
11considered to be the same as the interest of the person making
12the statement.
13    Campaign receipts shall not be included in this statement.
14    If additional space is needed, please attach supplemental
15listing.
16    1. List the name and instrument of ownership in any entity
17doing business in the State of Illinois, in which the ownership
18interest held by the person at the date of filing is in excess
19of $5,000 fair market value or from which dividends in excess
20of $1,200 were derived during the preceding calendar year. (In
21the case of real estate, location thereof shall be listed by
22street address, or if none, then by legal description.) No time
23or demand deposit in a financial institution, nor any debt
24instrument need be listed.
25Business EntityInstrument of Ownership
26..............................................................

 

 

SB1237- 13 -LRB097 07170 JDS 47274 b

1..............................................................
2..............................................................
3..............................................................
4    2. List the name, address and type of practice of any
5professional organization in which the person making the
6statement was an officer, director, associate, partner or
7proprietor or served in any advisory capacity, from which
8income in excess of $1,200 was derived during the preceding
9calendar year.
10NameAddressType of Practice
11.............................................................
12.............................................................
13.............................................................
14    3. List the nature of professional services rendered (other
15than to the State of Illinois) to each entity from which income
16exceeding $5,000 was received for professional services
17rendered during the preceding calendar year by the person
18making the statement.
19.............................................................
20.............................................................
21    4. List the identity (including the address or legal
22description of real estate) of any capital asset from which a
23capital gain of $5,000 or more was realized during the
24preceding calendar year.
25.............................................................
26.............................................................

 

 

SB1237- 14 -LRB097 07170 JDS 47274 b

1    5. List the identity of any compensated lobbyist with whom
2the person making the statement maintains a close economic
3association, including the name of the lobbyist and specifying
4the legislative matter or matters which are the object of the
5lobbying activity, and describing the general type of economic
6activity of the client or principal on whose behalf that person
7is lobbying.
8LobbyistLegislative MatterClient or Principal
9.............................................................
10.............................................................
11    6. List the name of any entity doing business in the State
12of Illinois from which income in excess of $1,200 was derived
13during the preceding calendar year other than for professional
14services and the title or description of any position held in
15that entity. (In the case of real estate, location thereof
16shall be listed by street address, or if none, then by legal
17description). No time or demand deposit in a financial
18institution nor any debt instrument need be listed.
19EntityPosition Held
20..............................................................
21..............................................................
22..............................................................
23    7. List the name of any unit of government which employed
24the person making the statement during the preceding calendar
25year other than the unit or units of government in relation to
26which the person is required to file.

 

 

SB1237- 15 -LRB097 07170 JDS 47274 b

1.............................................................
2.............................................................
3    8. List the name of any entity from which a gift or gifts,
4or honorarium or honoraria, valued singly or in the aggregate
5in excess of $500, was received during the preceding calendar
6year.
7.............................................................
8VERIFICATION:
9    "I declare that this statement of economic interests
10(including any accompanying schedules and statements) has been
11examined by me and to the best of my knowledge and belief is a
12true, correct and complete statement of my economic interests
13as required by the Illinois Governmental Ethics Act. I
14understand that the penalty for willfully filing a false or
15incomplete statement shall be a fine not to exceed $1,000 or
16imprisonment in a penal institution other than the penitentiary
17not to exceed one year, or both fine and imprisonment."
18................   ..........................................
19(date of filing)   (signature of person making the statement)
20(Source: P.A. 95-173, eff. 1-1-08.)
 
21    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
22    Sec. 4A-104. The statement of economic interests required
23by this Article to be filed with the county clerk shall be
24filled in by typewriting or hand printing, shall be verified,
25dated, and signed by manual or electronic means as appropriate

 

 

SB1237- 16 -LRB097 07170 JDS 47274 b

1by the person making the statement, and made on a form
2prescribed by the Secretary of State that shall substantially
3replicate the design of the 2002 Public Financial Disclosure
4Report forms employed by the United States Congress for
5purposes of complying with the Ethics in Government Act of
61978. shall contain substantially the following:
7
STATEMENT OF ECONOMIC INTERESTS
8
(TYPE OR HAND PRINT)
9.............................................................
10(Name)
11.............................................................
12(each office or position of employment for which this statement
13is filed) ...................................................
14(full mailing address)
15GENERAL DIRECTIONS:
16    The interest (if constructively controlled by the person
17making the statement) of a spouse or any other party, shall be
18considered to be the same as the interest of the person making
19the statement.
20    Campaign receipts shall not be included in this statement.
21    If additional space is needed, please attach supplemental
22listing.
23    1. List the name and instrument of ownership in any entity
24doing business with a unit of local government in relation to
25which the person is required to file, in which the ownership
26interest held by the person at the date of filing is in excess

 

 

SB1237- 17 -LRB097 07170 JDS 47274 b

1of $5,000 fair market value or from which dividends in excess
2of $1,200 were received during the preceding calendar year. (In
3the case of real estate, location thereof shall be listed by
4street address, or if none, then by legal description.) No time
5or demand deposit in a financial institution, nor any debt
6instrument shall be listed.
7BusinessInstrument ofPosition of
8EntityOwnershipManagement
9.............................................................
10.............................................................
11.............................................................
12    2. List the name, address and type of practice of any
13professional organization in which the person making the
14statement was an officer, director, associate, partner or
15proprietor, or served in any advisory capacity, from which
16income in excess of $1,200 was derived during the preceding
17calendar year.
18NameAddressType of Practice
19.............................................................
20.............................................................
21.............................................................
22    3. List the nature of professional services rendered (other
23than to the unit or units of local government in relation to
24which the person is required to file) to each entity from which
25income exceeding $5,000 was received for professional services
26rendered during the preceding calendar year by the person

 

 

SB1237- 18 -LRB097 07170 JDS 47274 b

1making the statement.
2.............................................................
3.............................................................
4    4. List the identity (including the address or legal
5description of real estate) of any capital asset from which a
6capital gain of $5,000 or more was realized during the
7preceding calendar year.
8.............................................................
9.............................................................
10.............................................................
11    5. List the name of any entity and the nature of the
12governmental action requested by any entity which has applied
13to a unit of local government in relation to which the person
14must file for any license, franchise or permit for annexation,
15zoning or rezoning of real estate during the preceding calendar
16year if the ownership interest of the person filing is in
17excess of $5,000 fair market value at the time of filing or if
18income or dividends in excess of $1200 were received by the
19person filing from the entity during the preceding calendar
20year.
21.............................................................
22.............................................................
23.............................................................
24    6. List the name of any entity doing business with a unit
25of local government in relation to which the person is required
26to file from which income in excess of $1,200 was derived

 

 

SB1237- 19 -LRB097 07170 JDS 47274 b

1during the preceding calendar year other than for professional
2services and the title or description of any position held in
3that entity. No time or demand deposit in a financial
4institution nor any debt instrument need be listed.
5.............................................................
6.............................................................
7    7. List the name of any unit of government which employed
8the person making the statement during the preceding calendar
9year other than the unit or units of government in relation to
10which the person is required to file.
11.............................................................
12.............................................................
13    8. List the name of any entity from which a gift or gifts,
14or honorarium or honoraria, valued singly or in the aggregate
15in excess of $500, was received during the preceding calendar
16year.
17.............................................................
18VERIFICATION:
19    "I declare that this statement of economic interests
20(including any accompanying schedules and statements) has been
21examined by me and to the best of my knowledge and belief is a
22true, correct and complete statement of my economic interests
23as required by the Illinois Governmental Ethics Act. I
24understand that the penalty for willfully filing a false or
25incomplete statement shall be a fine not to exceed $1,000 or
26imprisonment in a penal institution other than the penitentiary

 

 

SB1237- 20 -LRB097 07170 JDS 47274 b

1not to exceed one year, or both fine and imprisonment."
2................   ..........................................
3(date of filing)   (signature of person making the statement)
4(Source: P.A. 95-173, eff. 1-1-08.)
 
5    (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
6    Sec. 4A-105. Time for filing. Except as provided in
7Section 4A-106.1, by May 1 of each year a statement must be
8filed by each person whose position at that time subjects him
9to the filing requirements of Section 4A-101 unless he has
10already filed a statement in relation to the same unit of
11government in that calendar year.
12    Statements must also be filed as follows:
13        (a) A candidate for elective office shall file his
14    statement not later than the end of the period during which
15    he can take the action necessary under the laws of this
16    State to attempt to qualify for nomination, election, or
17    retention to such office if he has not already filed a
18    statement in relation to the same unit of government during
19    that same calendar year within a year preceding such
20    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.
24        (b-5) A special government agent, as defined in item
25    (1) of Section 4A-101 of this Act, shall file a statement

 

 

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1    within 30 days after making the first ex parte
2    communication and each May 1 thereafter if he or she has
3    made an ex parte communication within the previous 12
4    months.
5        (c) Any other person required by this Article to file
6    the statement shall file a statement at the time of his or
7    her initial appointment or employment in relation to that
8    unit of government if appointed or employed by May 1.
9    If any person who is required to file a statement of
10economic interests fails to file such statement by May 1 of any
11year, the officer with whom such statement is to be filed under
12Section 4A-106 of this Act shall, within 7 days after May 1,
13notify such person by certified mail of his or her failure to
14file by the specified date. Except as may be prescribed by rule
15of the Secretary of State, such person shall file his or her
16statement of economic interests on or before May 15 with the
17appropriate officer, together with a $15 late filing fee. Any
18such person who fails to file by May 15 shall be subject to a
19penalty of $100 for each day from May 16 to the date of filing,
20which shall be in addition to the $15 late filing fee specified
21above. Failure to file by May 31 shall result in a forfeiture
22in accordance with Section 4A-107 of this Act.
23    Any person who takes office or otherwise becomes required
24to file a statement of economic interests within 30 days prior
25to May 1 of any year may file his or her statement at any time
26on or before May 31 without penalty. If such person fails to

 

 

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1file such statement by May 31, the officer with whom such
2statement is to be filed under Section 4A-106 of this Act
3shall, within 7 days after May 31, notify such person by
4certified mail of his or her failure to file by the specified
5date. Such person shall file his or her statement of economic
6interests on or before June 15 with the appropriate officer,
7together with a $15 late filing fee. Any such person who fails
8to file by June 15 shall be subject to a penalty of $100 per day
9for each day from June 16 to the date of filing, which shall be
10in addition to the $15 late filing fee specified above. Failure
11to file by June 30 shall result in a forfeiture in accordance
12with Section 4A-107 of this Act.
13    All late filing fees and penalties collected pursuant to
14this Section shall be paid into the General Revenue Fund in the
15State treasury, if the Secretary of State receives such
16statement for filing, or into the general fund in the county
17treasury, if the county clerk receives such statement for
18filing. The Attorney General, with respect to the State, and
19the several State's Attorneys, with respect to counties, shall
20take appropriate action to collect the prescribed penalties.
21    Failure to file a statement of economic interests within
22the time prescribed shall not result in a fine or ineligibility
23for, or forfeiture of, office or position of employment, as the
24case may be; provided that the failure to file results from not
25being included for notification by the appropriate agency,
26clerk, secretary, officer or unit of government, as the case

 

 

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1may be, and that a statement is filed within 30 days of actual
2notice of the failure to file.
3    Beginning with statements required to be filed on or after
4May 1, 2009, the officer with whom a statement is to be filed
5may, in his or her discretion, waive the late filing fee, the
6monetary late filing penalty, and the ineligibility for or
7forfeiture of office or position for failure to file when the
8person's late filing of a statement or failure to file a
9statement is due to his or her (i) serious or catastrophic
10illness that renders the person temporarily incapable of
11completing the statement or (ii) military service.
12(Source: P.A. 96-550, eff. 8-17-09.)
 
13    (5 ILCS 420/4A-106)  (from Ch. 127, par. 604A-106)
14    Sec. 4A-106. Notification; electronic filing.
15    (a) The statements of economic interests required of
16persons listed in items (a) through (f), item (j), item (l),
17and item (n) of Section 4A-101 shall be filed with the
18Secretary of State. The Secretary of State shall by rule
19provide for the electronic filing of statements as follows:
20    Beginning January 1, 2012, or as soon thereafter as the
21Secretary of State has provided adequate software to persons
22required to file under this Article, all statements filed under
23this Article shall be filed in electronic format. The Secretary
24shall promptly upon verification make all statements filed
25under this Article publicly available by means of a searchable

 

 

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1database that is accessible through the World Wide Web.
2"Searchable" means, for the purpose of this Section, that any
3person may query each question for any proper names and
4addresses. The Secretary of State shall provide all software
5necessary to comply with this Section and shall implement a
6plan to provide computer access and assistance to persons
7required to file by this Article.
8    (b) The statements of economic interests required of
9persons listed in items (g), (h), (i), (k), and (o) of Section
104A-101 shall be filed with the county clerk of the county in
11which the principal office of the unit of local government with
12which the person is associated is located. If it is not
13apparent which county the principal office of a unit of local
14government is located, the chief administrative officer, or his
15or her designee, has the authority, for purposes of this Act,
16to determine the county in which the principal office is
17located.
18    (c) On or before February 1 annually, (1) the chief
19administrative officer of any State agency in the executive,
20legislative, or judicial branch employing persons required to
21file under item (f) or item (l) of Section 4A-101 and the chief
22administrative officer of a board described in item (n) of
23Section 4A-101 shall certify to the Secretary of State the
24names and mailing addresses of those persons. The State Board
25of Elections shall, within 14 days after the proclamation of
26the results of a general primary pursuant to Section 7-58 of

 

 

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1the Election Code, provide the Secretary of State with a true
2alphabetical listing of the names and related information,
3including their addresses and the office they are seeking, of
4candidates who were nominated in a general primary election. ,
5and (2)
6    (d) On or before February 1 annually, the chief
7administrative officer, or his or her designee, of each unit of
8local government with persons described in items (h), (i) and
9(k) and a board described in item (o) of Section 4A-101 shall
10certify to the appropriate county clerk a list of names and
11addresses of persons described in items (h), (i), (k), and (o)
12of Section 4A-101 that are required to file. In preparing the
13lists, each chief administrative officer, or his or her
14designee, shall set out the names in alphabetical order. Any
15local election authority shall within 14 days after
16proclamation of the results of a primary election, provide the
17county clerk with a true alphabetical listing of the names and
18related information, including their addresses and the office
19they are seeking, of candidates who nominated in a general
20primary election. Any county clerk who makes available in his
21or her principal offices terminals by means of which the
22general public may access statements of economic interest filed
23with the Secretary of State's office and posted to the
24Secretary of State's website may waive the requirement that a
25person file a paper form with that county clerk with respect to
26persons whose forms have been electronically filed with the

 

 

SB1237- 26 -LRB097 07170 JDS 47274 b

1Secretary of State's office.
2    (e) On or before April 1 annually, the Secretary of State
3shall notify (1) all persons whose names have been certified to
4him under items (f), (l), and (n) of Section 4A-101, and (2)
5all persons described in items (a) through (e) and item (j) of
6Section 4A-101, together, in even-numbered years, with the
7names of candidates nominated at the most recent general
8primary, other than candidates for office who have filed their
9statements with their nominating petitions, of the
10requirements for filing statements of economic interests. A
11person required to file with the Secretary of State by virtue
12of more than one item among items (a) through (f) and items
13(j), (l), and (n) shall be notified of and is required to file
14only one statement of economic interests relating to all items
15under which the person is required to file with the Secretary
16of State.
17    (f) On or before April 1 annually, the county clerk of each
18county shall notify all persons whose names have been certified
19to him under items (g), (h), (i), (k), and (o) of Section
204A-101, other than candidates for office who have filed their
21statements with their nominating petitions, of the
22requirements for filing statements of economic interests. A
23person required to file with a county clerk by virtue of more
24than one item among items (g), (h), (i), (k), and (o) shall be
25notified of and is required to file only one statement of
26economic interests relating to all items under which the person

 

 

SB1237- 27 -LRB097 07170 JDS 47274 b

1is required to file with that county clerk.
2    (g) Except as provided in Section 4A-106.1, the notices
3provided for in this Section shall be in writing and deposited
4in the U.S. Mail, properly addressed, first class postage
5prepaid, on or before the day required by this Section for the
6sending of the notice. Alternatively, a county clerk may send
7the notices electronically to all persons whose names have been
8thus certified to him under item (h), (i), or (k) of Section
94A-101. A certificate executed by the Secretary of State or
10county clerk attesting that he or she has sent the notice by
11the means permitted by this Section constitutes prima facie
12evidence thereof.
13    (h) From the lists certified to him under this Section of
14persons described in items (g), (h), (i), (k), and (o) of
15Section 4A-101, the clerk of each county shall compile an
16alphabetical listing of persons required to file statements of
17economic interests in his office under any of those items. As
18the statements are filed in his office, the county clerk shall
19cause the fact of that filing to be indicated on the
20alphabetical listing of persons who are required to file
21statements. Within 30 days after the due dates, the county
22clerk shall mail to the State Board of Elections a true copy of
23that listing showing those who have filed statements.
24    (i) The county clerk of each county shall note upon the
25alphabetical listing the names of all persons required to file
26a statement of economic interests who failed to file a

 

 

SB1237- 28 -LRB097 07170 JDS 47274 b

1statement on or before May 1. It shall be the duty of the
2several county clerks to give notice as provided in Section
34A-105 to any person who has failed to file his or her
4statement with the clerk on or before May 1.
5    (j) Any person who files or has filed a statement of
6economic interest under this Act is entitled to receive from
7the Secretary of State or county clerk, as the case may be, a
8receipt indicating that the person has filed such a statement,
9the date of such filing, and the identity of the governmental
10unit or units in relation to which the filing is required. A
11county clerk shall issue such receipt either on proof that the
12person has filed with the Secretary of State in electronic
13format or upon receipt of a paper form.
14    (k) The Secretary of State may employ such employees and
15consultants as he considers necessary to carry out his duties
16hereunder, and may prescribe their duties, fix their
17compensation, and provide for reimbursement of their expenses.
18    (l) The Secretary of State shall provide training, through
19the Secretary of State's website, for ethics officers appointed
20under the State Officers and Employees Ethics Act and through
21the Secretary of State's website, for persons required to file
22statements of economic interests.
23    (m) All statements of economic interests filed under this
24Section shall be available for examination and copying by the
25public at all reasonable times. Not later than 12 months after
26the effective date of this amendatory Act of the 93rd General

 

 

SB1237- 29 -LRB097 07170 JDS 47274 b

1Assembly, beginning with statements filed in calendar year
22004, the Secretary of State shall make statements of economic
3interests filed with the Secretary available for inspection and
4copying via the Secretary's website.
5(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.