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Full Text of SB1979  97th General Assembly

SB1979 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1979

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-105  from Ch. 127, par. 604A-105

    Amends the Illinois Governmental Ethics Act. Requires a candidate nominated at a general primary to file a statement of economic interests by May 1 before the general election, in addition to the statement he or she filed before the general primary.


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A BILL FOR

 

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1    AN ACT concerning government.
 
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 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
8Section 4A-106.1, by May 1 of each year a statement must be
9filed by each person whose position at that time subjects him
10to the filing requirements of Section 4A-101 unless he has
11already filed a statement in relation to the same unit of
12government 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. In addition, a candidate nominated
21    at the general primary shall file a statement by May 1
22    immediately after the general primary, unless he or she has
23    already filed a statement in relation to the same unit of

 

 

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1    government in that calendar year.
2        (b) A person whose appointment to office is subject to
3    confirmation by the Senate shall file his statement at the
4    time his name is submitted to the Senate for confirmation.
5        (b-5) A special government agent, as defined in item
6    (1) of Section 4A-101 of this Act, shall file a statement
7    within 30 days after making the first ex parte
8    communication and each May 1 thereafter if he or she has
9    made an ex parte communication within the previous 12
10    months.
11        (c) Any other person required by this Article to file
12    the statement shall file a statement at the time of his or
13    her initial appointment or employment in relation to that
14    unit of government if appointed or employed by May 1.
15    If any person who is required to file a statement of
16economic interests fails to file such statement by May 1 of any
17year, the officer with whom such statement is to be filed under
18Section 4A-106 of this Act shall, within 7 days after May 1,
19notify such person by certified mail of his or her failure to
20file by the specified date. Except as may be prescribed by rule
21of the Secretary of State, such person shall file his or her
22statement of economic interests on or before May 15 with the
23appropriate officer, together with a $15 late filing fee. Any
24such person who fails to file by May 15 shall be subject to a
25penalty of $100 for each day from May 16 to the date of filing,
26which shall be in addition to the $15 late filing fee specified

 

 

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1above. Failure to file by May 31 shall result in a forfeiture
2in accordance with Section 4A-107 of this Act.
3    Any person who takes office or otherwise becomes required
4to file a statement of economic interests within 30 days prior
5to May 1 of any year may file his or her statement at any time
6on or before May 31 without penalty. If such person fails to
7file such statement by May 31, the officer with whom such
8statement is to be filed under Section 4A-106 of this Act
9shall, within 7 days after May 31, notify such person by
10certified mail of his or her failure to file by the specified
11date. Such person shall file his or her statement of economic
12interests on or before June 15 with the appropriate officer,
13together with a $15 late filing fee. Any such person who fails
14to file by June 15 shall be subject to a penalty of $100 per day
15for each day from June 16 to the date of filing, which shall be
16in addition to the $15 late filing fee specified above. Failure
17to file by June 30 shall result in a forfeiture in accordance
18with Section 4A-107 of this Act.
19    All late filing fees and penalties collected pursuant to
20this Section shall be paid into the General Revenue Fund in the
21State treasury, if the Secretary of State receives such
22statement for filing, or into the general fund in the county
23treasury, if the county clerk receives such statement for
24filing. The Attorney General, with respect to the State, and
25the several State's Attorneys, with respect to counties, shall
26take appropriate action to collect the prescribed penalties.

 

 

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1    Failure to file a statement of economic interests within
2the time prescribed shall not result in a fine or ineligibility
3for, or forfeiture of, office or position of employment, as the
4case may be; provided that the failure to file results from not
5being included for notification by the appropriate agency,
6clerk, secretary, officer or unit of government, as the case
7may be, and that a statement is filed within 30 days of actual
8notice of the failure to file.
9    Beginning with statements required to be filed on or after
10May 1, 2009, the officer with whom a statement is to be filed
11may, in his or her discretion, waive the late filing fee, the
12monetary late filing penalty, and the ineligibility for or
13forfeiture of office or position for failure to file when the
14person's late filing of a statement or failure to file a
15statement is due to his or her (i) serious or catastrophic
16illness that renders the person temporarily incapable of
17completing the statement or (ii) military service.
18(Source: P.A. 96-550, eff. 8-17-09.)