100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4379

 

Introduced , by Rep. Robert W. Pritchard

 

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

    Amends the Illinois Governmental Ethics Act. Removes the penalty of $100 per day for members of a board or commission that functions solely in an advisory capacity and does not issue binding recommendations or determinations for failing to file a statement of economic interest by a specified time period.


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A BILL FOR

 

HB4379LRB100 17224 RJF 32383 b

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.
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
12economic interests fails to file such statement by May 1 of any
13year, the officer with whom such statement is to be filed under
14Section 4A-106 of this Act shall, within 7 days after May 1,
15notify such person by certified mail of his or her failure to
16file by the specified date. Except as may be prescribed by rule
17of the Secretary of State, such person shall file his or her
18statement of economic interests on or before May 15 with the
19appropriate officer, together with a $15 late filing fee. Any
20such person who fails to file by May 15 shall be subject to a
21penalty of $100 for each day from May 16 to the date of filing,
22which shall be in addition to the $15 late filing fee specified
23above. Failure to file by May 31 shall result in a forfeiture
24in accordance with Section 4A-107 of this Act.
25    Beginning with statements required to be filed on or after
26May 1, 2019, any person (i) who is required to file a statement

 

 

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1of economic interest under this Article, and (ii) who is a
2member of a board or commission that functions solely in an
3advisory capacity and does not issue binding recommendations or
4determinations, shall not be subject to a penalty of $100 per
5day for each day from May 16 to the date of filing for failing
6to file his or her statement by May 15. However, such person
7shall still be assessed the $15 late filing fee for failing to
8file his or her statement by May 1, and shall also be subject
9to a forfeiture in accordance with Section 4A-107 for failure
10to file by May 31.
11    Any person who takes office or otherwise becomes required
12to file a statement of economic interests within 30 days prior
13to May 1 of any year may file his or her statement at any time
14on or before May 31 without penalty. If such person fails to
15file such statement by May 31, the officer with whom such
16statement is to be filed under Section 4A-106 of this Act
17shall, within 7 days after May 31, notify such person by
18certified mail of his or her failure to file by the specified
19date. Such person shall file his or her statement of economic
20interests on or before June 15 with the appropriate officer,
21together with a $15 late filing fee. Any such person who fails
22to file by June 15 shall be subject to a penalty of $100 per day
23for each day from June 16 to the date of filing, which shall be
24in addition to the $15 late filing fee specified above. Failure
25to file by June 30 shall result in a forfeiture in accordance
26with Section 4A-107 of this Act.

 

 

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1    Beginning with statements required to be filed on or after
2May 1, 2019, any person (i) who takes office or otherwise
3becomes required to file a statement of economic interests
4within 30 days prior to May 1, and (ii) who is a member of a
5board or commission that functions solely in an advisory
6capacity and does not issue binding recommendations or
7determinations, shall not be subject to a penalty of $100 per
8day for each day from June 16 to the date of filing for failing
9to file his or her statement by June 15. However, such person
10shall still be assessed the $15 late filing fee for failing to
11file his or her statement by May 31, and shall also be subject
12to a forfeiture in accordance with Section 4A-107 for failure
13to file by June 30.
14    All late filing fees and penalties collected pursuant to
15this Section shall be paid into the General Revenue Fund in the
16State treasury, if the Secretary of State receives such
17statement for filing, or into the general fund in the county
18treasury, if the county clerk receives such statement for
19filing. The Attorney General, with respect to the State, and
20the several State's Attorneys, with respect to counties, shall
21take appropriate action to collect the prescribed penalties.
22    Failure to file a statement of economic interests within
23the time prescribed shall not result in a fine or ineligibility
24for, or forfeiture of, office or position of employment, as the
25case may be; provided that the failure to file results from not
26being included for notification by the appropriate agency,

 

 

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1clerk, secretary, officer or unit of government, as the case
2may be, and that a statement is filed within 30 days of actual
3notice of the failure to file.
4    Beginning with statements required to be filed on or after
5May 1, 2009, the officer with whom a statement is to be filed
6may, in his or her discretion, waive the late filing fee, the
7monetary late filing penalty, and the ineligibility for or
8forfeiture of office or position for failure to file when the
9person's late filing of a statement or failure to file a
10statement is due to his or her (i) serious or catastrophic
11illness that renders the person temporarily incapable of
12completing the statement or (ii) military service.
13(Source: P.A. 96-550, eff. 8-17-09.)