97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5837

 

Introduced 2/16/2012, by Rep. Kay Hatcher

 

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; the 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 18832 JDS 64070 b

 

 

A BILL FOR

 

HB5837LRB097 18832 JDS 64070 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

 

 

HB5837- 2 -LRB097 18832 JDS 64070 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

 

 

HB5837- 3 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 4 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 5 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 6 -LRB097 18832 JDS 64070 b

1    payments by a former employer other than the unit of
2    government in relation to which the person is required to
3    file the statement; and (iv) continuing participation in an
4    employee welfare or benefit plan with a former employer.
5        (9) The source, date, and amount of honoraria
6    aggregating $200 or more during the preceding calendar
7    year.
8        (10) The source, date, and amount or value of any gift
9    or gifts (i) valued singularly or in the aggregate in
10    excess of $500 during the preceding calendar year to the
11    person filing the statement or an immediate family member
12    of the person filing the statement, from any person other
13    than an immediate family member or (ii) from a prohibited
14    source as defined by the State Officials and Employees
15    Ethics Act, even if that source is also an immediate family
16    member, and within any of the following captioned items
17    listed in Section 10-15 of that Act, regardless of whether
18    the person filing the statement is otherwise subject to
19    that Act: educational materials and missions and travel
20    expenses for a meeting to discuss State government.
21        (1) The name, address and type of practice of any
22    professional organization or individual professional
23    practice in which the person making the statement was an
24    officer, director, associate, partner or proprietor, or
25    served in any advisory capacity, from which income in
26    excess of $1200 was derived during the preceding calendar

 

 

HB5837- 7 -LRB097 18832 JDS 64070 b

1    year;
2        (2) The nature of professional services (other than
3    services rendered to the unit or units of government in
4    relation to which the person is required to file) and the
5    nature of the entity to which they were rendered if fees
6    exceeding $5,000 were received during the preceding
7    calendar year from the entity for professional services
8    rendered by the person making the statement.
9        (3) The identity (including the address or legal
10    description of real estate) of any capital asset from which
11    a capital gain of $5,000 or more was realized in the
12    preceding calendar year.
13        (11) (4) The name of any unit of government which has
14    employed the person making the statement during the
15    preceding calendar year other than the unit or units of
16    government in relation to which the person is required to
17    file.
18        (5) The name of any entity from which a gift or gifts,
19    or honorarium or honoraria, valued singly or in the
20    aggregate in excess of $500, was received during the
21    preceding calendar year.
22    (b) The following interests shall also be listed by persons
23listed in items (a) through (f), item (l), and item (n) of
24Section 4A-101:
25        (1) (Blank). The name and instrument of ownership in
26    any entity doing business in the State of Illinois, in

 

 

HB5837- 8 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 9 -LRB097 18832 JDS 64070 b

1    to which the person is required to file if the ownership
2    interest of the person filing is greater than $5,000 fair
3    market value as of the date of filing or if dividends in
4    excess of $1,200 were received from the entity during the
5    preceding calendar year. (In the case of real estate,
6    location thereof shall be listed by street address, or if
7    none, then by legal description). No time or demand deposit
8    in a financial institution, nor any debt instrument need be
9    listed.
10        (2) (Blank). Except for professional service entities,
11    the name of any entity and any position held therein from
12    which income in excess of $1,200 was derived during the
13    preceding calendar year if the entity does business with a
14    unit of local government in relation to which the person is
15    required to file. No time or demand deposit in a financial
16    institution, nor any debt instrument need be listed.
17        (3) The name of any entity and the nature of the
18    governmental action requested by any entity which has
19    applied to a unit of local government in relation to which
20    the person must file for any license, franchise or permit
21    for annexation, zoning or rezoning of real estate during
22    the preceding calendar year if the ownership interest of
23    the person filing is in excess of $5,000 fair market value
24    at the time of filing or if income or dividends in excess
25    of $1,200 were received by the person filing from the
26    entity during the preceding calendar year.

 

 

HB5837- 10 -LRB097 18832 JDS 64070 b

1    For the purposes of this Section, the unit of local
2government in relation to which a person required to file under
3item (o) of Section 4A-101 shall be the unit of local
4government that contributes to the pension fund of which such
5person is a member of the board.
6(Source: P.A. 96-6, eff. 4-3-09.)
 
7    (5 ILCS 420/4A-102.5 new)
8    Sec. 4A-102.5. Appointee supplemental statement. Persons
9filing statements of economic interests as a result of their
10nomination to a board or commission shall also, at the same
11time and in the same manner, file a supplement to the statement
12containing all of the following information:
13        (1) Any contributions in excess of $150 in the
14    aggregate to any political committee organized under the
15    Election Code made since the end of the last preceding
16    semi-annual disclosure period and the date the person files
17    the statement of economic interests, including the amount
18    of the contribution, the date, and the recipient.
19        (2) Any contribution made to a legal defense fund since
20    the filing of the last previous statement of economic
21    interests or, if the person is filing his or her first
22    statement of economic interests, in the 12 months preceding
23    the filing date.
24        (3) The name of any immediate family member who is
25    registered as a lobbyist with any State or federal agency

 

 

HB5837- 11 -LRB097 18832 JDS 64070 b

1    or office.
 
2    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
3    Sec. 4A-103. The statement of economic interests required
4by this Article to be filed with the Secretary of State shall
5be filled in by typewriting or hand printing, shall be
6verified, dated, and signed by manual or electronic means as
7appropriate by the person making the statement, and made in a
8form prescribed by the Secretary of State that shall, in paper
9and electronic formats, substantially replicate the design of
10the 2002 Public Financial Disclosure Report forms employed by
11the United States Congress for purposes of complying with the
12Ethics in Government Act of 1978. and shall contain
13substantially the following:
14
STATEMENT OF ECONOMIC INTEREST
15
(TYPE OR HAND PRINT)
16.............................................................
17(name)
18.............................................................
19(each office or position of employment for which this statement
20is filed)
21.............................................................
22(full mailing address)
23GENERAL DIRECTIONS:
24    The interest (if constructively controlled by the person
25making the statement) of a spouse or any other party, shall be

 

 

HB5837- 12 -LRB097 18832 JDS 64070 b

1considered to be the same as the interest of the person making
2the statement.
3    Campaign receipts shall not be included in this statement.
4    If additional space is needed, please attach supplemental
5listing.
6    1. List the name and instrument of ownership in any entity
7doing business in the State of Illinois, in which the ownership
8interest held by the person at the date of filing is in excess
9of $5,000 fair market value or from which dividends in excess
10of $1,200 were derived during the preceding calendar year. (In
11the case of real estate, location thereof shall be listed by
12street address, or if none, then by legal description.) No time
13or demand deposit in a financial institution, nor any debt
14instrument need be listed.
15Business EntityInstrument of Ownership
16..............................................................
17..............................................................
18..............................................................
19..............................................................
20    2. List the name, address and type of practice of any
21professional organization in which the person making the
22statement was an officer, director, associate, partner or
23proprietor or served in any advisory capacity, from which
24income in excess of $1,200 was derived during the preceding
25calendar year.
26NameAddressType of Practice

 

 

HB5837- 13 -LRB097 18832 JDS 64070 b

1.............................................................
2.............................................................
3.............................................................
4    3. List the nature of professional services rendered (other
5than to the State of Illinois) to each entity from which income
6exceeding $5,000 was received for professional services
7rendered during the preceding calendar year by the person
8making the statement.
9.............................................................
10.............................................................
11    4. List the identity (including the address or legal
12description of real estate) of any capital asset from which a
13capital gain of $5,000 or more was realized during the
14preceding calendar year.
15.............................................................
16.............................................................
17    5. List the identity of any compensated lobbyist with whom
18the person making the statement maintains a close economic
19association, including the name of the lobbyist and specifying
20the legislative matter or matters which are the object of the
21lobbying activity, and describing the general type of economic
22activity of the client or principal on whose behalf that person
23is lobbying.
24LobbyistLegislative MatterClient or Principal
25.............................................................
26.............................................................

 

 

HB5837- 14 -LRB097 18832 JDS 64070 b

1    6. List the name of any entity doing business in the State
2of Illinois from which income in excess of $1,200 was derived
3during the preceding calendar year other than for professional
4services and the title or description of any position held in
5that entity. (In the case of real estate, location thereof
6shall be listed by street address, or if none, then by legal
7description). No time or demand deposit in a financial
8institution nor any debt instrument need be listed.
9EntityPosition Held
10..............................................................
11..............................................................
12..............................................................
13    7. List the name of any unit of government which employed
14the person making the statement during the preceding calendar
15year other than the unit or units of government in relation to
16which the person is required to file.
17.............................................................
18.............................................................
19    8. List the name of any entity from which a gift or gifts,
20or honorarium or honoraria, valued singly or in the aggregate
21in excess of $500, was received during the preceding calendar
22year.
23.............................................................
24VERIFICATION:
25    "I declare that this statement of economic interests
26(including any accompanying schedules and statements) has been

 

 

HB5837- 15 -LRB097 18832 JDS 64070 b

1examined by me and to the best of my knowledge and belief is a
2true, correct and complete statement of my economic interests
3as required by the Illinois Governmental Ethics Act. I
4understand that the penalty for willfully filing a false or
5incomplete statement shall be a fine not to exceed $1,000 or
6imprisonment in a penal institution other than the penitentiary
7not to exceed one year, or both fine and imprisonment."
8................   ..........................................
9(date of filing)   (signature of person making the statement)
10(Source: P.A. 95-173, eff. 1-1-08.)
 
11    (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
12    Sec. 4A-104. The statement of economic interests required
13by this Article to be filed with the county clerk shall be
14filled in by typewriting or hand printing, shall be verified,
15dated, and signed by manual or electronic means as appropriate
16by the person making the statement, and made on a form
17prescribed by the Secretary of State that shall substantially
18replicate the design of the 2002 Public Financial Disclosure
19Report forms employed by the United States Congress for
20purposes of complying with the Ethics in Government Act of
211978. shall contain substantially the following:
22
STATEMENT OF ECONOMIC INTERESTS
23
(TYPE OR HAND PRINT)
24.............................................................
25(Name)

 

 

HB5837- 16 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 17 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 18 -LRB097 18832 JDS 64070 b

1    5. List the name of any entity and the nature of the
2governmental action requested by any entity which has applied
3to a unit of local government in relation to which the person
4must file for any license, franchise or permit for annexation,
5zoning or rezoning of real estate during the preceding calendar
6year if the ownership interest of the person filing is in
7excess of $5,000 fair market value at the time of filing or if
8income or dividends in excess of $1200 were received by the
9person filing from the entity during the preceding calendar
10year.
11.............................................................
12.............................................................
13.............................................................
14    6. List the name of any entity doing business with a unit
15of local government in relation to which the person is required
16to file from which income in excess of $1,200 was derived
17during the preceding calendar year other than for professional
18services and the title or description of any position held in
19that entity. No time or demand deposit in a financial
20institution nor any debt instrument need be listed.
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.

 

 

HB5837- 19 -LRB097 18832 JDS 64070 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-105)  (from Ch. 127, par. 604A-105)
22    Sec. 4A-105. Time for filing. Except as provided in
23Section 4A-106.1, by May 1 of each year a statement must be
24filed by each person whose position at that time subjects him
25to the filing requirements of Section 4A-101 unless he has

 

 

HB5837- 20 -LRB097 18832 JDS 64070 b

1already filed a statement in relation to the same unit of
2government in that calendar year.
3    Statements must also be filed as follows:
4        (a) A candidate for elective office shall file his
5    statement not later than the end of the period during which
6    he can take the action necessary under the laws of this
7    State to attempt to qualify for nomination, election, or
8    retention to such office if he has not already filed a
9    statement in relation to the same unit of government during
10    that same calendar year within a year preceding such
11    action.
12        (b) A person whose appointment to office is subject to
13    confirmation by the Senate shall file his statement at the
14    time his name is submitted to the Senate for confirmation.
15        (b-5) A special government agent, as defined in item
16    (1) of Section 4A-101 of this Act, shall file a statement
17    within 30 days after making the first ex parte
18    communication and each May 1 thereafter if he or she has
19    made an ex parte communication within the previous 12
20    months.
21        (c) Any other person required by this Article to file
22    the statement shall file a statement at the time of his or
23    her initial appointment or employment in relation to that
24    unit of government if appointed or employed by May 1.
25    If any person who is required to file a statement of
26economic interests fails to file such statement by May 1 of any

 

 

HB5837- 21 -LRB097 18832 JDS 64070 b

1year, the officer with whom such statement is to be filed under
2Section 4A-106 of this Act shall, within 7 days after May 1,
3notify such person by certified mail of his or her failure to
4file by the specified date. Except as may be prescribed by rule
5of the Secretary of State, such person shall file his or her
6statement of economic interests on or before May 15 with the
7appropriate officer, together with a $15 late filing fee. Any
8such person who fails to file by May 15 shall be subject to a
9penalty of $100 for each day from May 16 to the date of filing,
10which shall be in addition to the $15 late filing fee specified
11above. Failure to file by May 31 shall result in a forfeiture
12in accordance with Section 4A-107 of this Act.
13    Any person who takes office or otherwise becomes required
14to file a statement of economic interests within 30 days prior
15to May 1 of any year may file his or her statement at any time
16on or before May 31 without penalty. If such person fails to
17file such statement by May 31, the officer with whom such
18statement is to be filed under Section 4A-106 of this Act
19shall, within 7 days after May 31, notify such person by
20certified mail of his or her failure to file by the specified
21date. Such person shall file his or her statement of economic
22interests on or before June 15 with the appropriate officer,
23together with a $15 late filing fee. Any such person who fails
24to file by June 15 shall be subject to a penalty of $100 per day
25for each day from June 16 to the date of filing, which shall be
26in addition to the $15 late filing fee specified above. Failure

 

 

HB5837- 22 -LRB097 18832 JDS 64070 b

1to file by June 30 shall result in a forfeiture in accordance
2with Section 4A-107 of this Act.
3    All late filing fees and penalties collected pursuant to
4this Section shall be paid into the General Revenue Fund in the
5State treasury, if the Secretary of State receives such
6statement for filing, or into the general fund in the county
7treasury, if the county clerk receives such statement for
8filing. The Attorney General, with respect to the State, and
9the several State's Attorneys, with respect to counties, shall
10take appropriate action to collect the prescribed penalties.
11    Failure to file a statement of economic interests within
12the time prescribed shall not result in a fine or ineligibility
13for, or forfeiture of, office or position of employment, as the
14case may be; provided that the failure to file results from not
15being included for notification by the appropriate agency,
16clerk, secretary, officer or unit of government, as the case
17may be, and that a statement is filed within 30 days of actual
18notice of the failure to file.
19    Beginning with statements required to be filed on or after
20May 1, 2009, the officer with whom a statement is to be filed
21may, in his or her discretion, waive the late filing fee, the
22monetary late filing penalty, and the ineligibility for or
23forfeiture of office or position for failure to file when the
24person's late filing of a statement or failure to file a
25statement is due to his or her (i) serious or catastrophic
26illness that renders the person temporarily incapable of

 

 

HB5837- 23 -LRB097 18832 JDS 64070 b

1completing the statement or (ii) military service.
2(Source: P.A. 96-550, eff. 8-17-09.)
 
3    (5 ILCS 420/4A-106)  (from Ch. 127, par. 604A-106)
4    Sec. 4A-106. Notification; electronic filing.
5    (a) The statements of economic interests required of
6persons listed in items (a) through (f), item (j), item (l),
7and item (n) of Section 4A-101 shall be filed with the
8Secretary of State. The Secretary of State shall by rule
9provide for the electronic filing of statements according to
10the following schedule:
11    Beginning January 1, 2012, or as soon thereafter as the
12Secretary of State has provided adequate software to persons
13required to file under this Article, all statements filed under
14this Article shall be filed in electronic format. The Secretary
15shall promptly, upon verification, make all statements filed
16under this Article publicly available by means of a searchable
17database that is accessible through the Secretary of State's
18website. "Searchable" means, for the purpose of this Section,
19that any person may query each question for any proper names
20and addresses. The Secretary of State shall provide all
21software necessary to comply with this Section and shall
22implement a plan to provide computer access and assistance to
23persons required to file by this Article.
24    (b) The statements of economic interests required of
25persons listed in items (g), (h), (i), (k), and (o) of Section

 

 

HB5837- 24 -LRB097 18832 JDS 64070 b

14A-101 shall be filed with the county clerk of the county in
2which the principal office of the unit of local government with
3which the person is associated is located. If it is not
4apparent which county the principal office of a unit of local
5government is located, the chief administrative officer, or his
6or her designee, has the authority, for purposes of this Act,
7to determine the county in which the principal office is
8located.
9    (c) On or before February 1 annually, (1) the chief
10administrative officer of any State agency in the executive,
11legislative, or judicial branch employing persons required to
12file under item (f) or item (l) of Section 4A-101 and the chief
13administrative officer of a board described in item (n) of
14Section 4A-101 shall certify to the Secretary of State the
15names and mailing addresses of those persons. The State Board
16of Elections shall, within 14 days after the proclamation of
17the results of a general primary pursuant to Section 7-58 of
18the Election Code, provide the Secretary of State with a true
19alphabetical listing of the names and related information of
20candidates who were nominated in a general primary election,
21including their addresses and the office they are seeking. , and
22(2)
23    (d) On or before February 1 annually, the chief
24administrative officer, or his or her designee, of each unit of
25local government with persons described in items (h), (i) and
26(k) and a board described in item (o) of Section 4A-101 shall

 

 

HB5837- 25 -LRB097 18832 JDS 64070 b

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

 

 

HB5837- 26 -LRB097 18832 JDS 64070 b

1requirements for filing statements of economic interests. A
2person required to file with the Secretary of State by virtue
3of more than one item among items (a) through (f) and items
4(j), (l), and (n) shall be notified of and is required to file
5only one statement of economic interests relating to all items
6under which the person is required to file with the Secretary
7of State.
8    (f) On or before April 1 annually, the county clerk of each
9county shall notify all persons whose names have been certified
10to him under items (g), (h), (i), (k), and (o) of Section
114A-101, other than candidates for office who have filed their
12statements with their nominating petitions, of the
13requirements for filing statements of economic interests. A
14person required to file with a county clerk by virtue of more
15than one item among items (g), (h), (i), (k), and (o) shall be
16notified of and is required to file only one statement of
17economic interests relating to all items under which the person
18is required to file with that county clerk.
19    (g) Except as provided in Section 4A-106.1, the notices
20provided for in this Section shall be in writing and deposited
21in the U.S. Mail, properly addressed, first class postage
22prepaid, on or before the day required by this Section for the
23sending of the notice. Alternatively, a county clerk may send
24the notices electronically to all persons whose names have been
25thus certified to him under item (h), (i), or (k) of Section
264A-101. A certificate executed by the Secretary of State or

 

 

HB5837- 27 -LRB097 18832 JDS 64070 b

1county clerk attesting that he or she has sent the notice by
2the means permitted by this Section constitutes prima facie
3evidence thereof.
4    (h) From the lists certified to him under this Section of
5persons described in items (g), (h), (i), (k), and (o) of
6Section 4A-101, the clerk of each county shall compile an
7alphabetical listing of persons required to file statements of
8economic interests in his office under any of those items. As
9the statements are filed in his office, the county clerk shall
10cause the fact of that filing to be indicated on the
11alphabetical listing of persons who are required to file
12statements. Within 30 days after the due dates, the county
13clerk shall mail to the State Board of Elections a true copy of
14that listing showing those who have filed statements.
15    (i) The county clerk of each county shall note upon the
16alphabetical listing the names of all persons required to file
17a statement of economic interests who failed to file a
18statement on or before May 1. It shall be the duty of the
19several county clerks to give notice as provided in Section
204A-105 to any person who has failed to file his or her
21statement with the clerk on or before May 1.
22    (j) Any person who files or has filed a statement of
23economic interest under this Act is entitled to receive from
24the Secretary of State or county clerk, as the case may be, a
25receipt indicating that the person has filed such a statement,
26the date of such filing, and the identity of the governmental

 

 

HB5837- 28 -LRB097 18832 JDS 64070 b

1unit or units in relation to which the filing is required. A
2county clerk shall issue such receipt either on proof that the
3person has filed with the Secretary of State in electronic
4format or upon receipt of a paper form.
5    (k) The Secretary of State may employ such employees and
6consultants as he considers necessary to carry out his duties
7hereunder, and may prescribe their duties, fix their
8compensation, and provide for reimbursement of their expenses.
9    (l) The Secretary of State shall, through the Secretary of
10State's website, provide training related to this Act for
11ethics officers appointed under the State Officers and
12Employees Ethics Act and for persons required to file
13statements of economic interests.
14    (m) All statements of economic interests filed under this
15Section shall be available for examination and copying by the
16public at all reasonable times. Not later than 12 months after
17the effective date of this amendatory Act of the 93rd General
18Assembly, beginning with statements filed in calendar year
192004, the Secretary of State shall make statements of economic
20interests filed with the Secretary available for inspection and
21copying via the Secretary's website.
22(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.