101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2842

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-105  from Ch. 127, par. 604A-105
15 ILCS 405/10.05e new

    Amends the Illinois Governmental Ethics Act. Provides that the Secretary of State shall compile a list of persons failing to file a statement of economic interests, or filing late statements of economic interests, along with the amount of fine owed by such persons, and submit a quarterly report containing such persons and fees owed to the State Comptroller. Provides that the Comptroller shall deduct any unpaid late filing fees from the persons specified in the report and such fees shall be paid over to the Secretary. Provides for the deposit of late fees into the General Revenue Fund in the State treasury, if the Secretary of State receives such statement for filing, or into the general fund in the county treasury, if the county clerk receives such statement for filing. Amends the State Comptroller Act. Provides that at the direction of the Secretary of State, the Comptroller shall deduct from a warrant or other payment and pay over to the Secretary that amount certified as necessary to satisfy, in whole or in part, late fees for failing to file a statement of economic interests under the Illinois Governmental Ethics Act.


LRB101 10295 RJF 55400 b

 

 

A BILL FOR

 

HB2842LRB101 10295 RJF 55400 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    Any person who takes office or otherwise becomes required
26to file a statement of economic interests within 30 days prior

 

 

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

 

 

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1containing such persons and fees owed to the State Comptroller.
2The Comptroller shall deduct any unpaid late filing fees of
3persons specified in the report in accordance with Section
410.05e of the State Comptroller Act, and such fees shall be
5paid over to the Secretary. The fees paid over to the Secretary
6shall be paid into the General Revenue Fund in the State
7treasury, if the Secretary of State was to receive the
8statement of economic interests for filing. If the county clerk
9was to receive the statement of economic interests for filling,
10the Secretary shall pay that portion of the applicable late
11fees to the county clerk for deposit into the general fund in
12the county treasury.
13    Failure to file a statement of economic interests within
14the time prescribed shall not result in a fine or ineligibility
15for, or forfeiture of, office or position of employment, as the
16case may be; provided that the failure to file results from not
17being included for notification by the appropriate agency,
18clerk, secretary, officer or unit of government, as the case
19may be, and that a statement is filed within 30 days of actual
20notice of the failure to file.
21    Beginning with statements required to be filed on or after
22May 1, 2009, the officer with whom a statement is to be filed
23may, in his or her discretion, waive the late filing fee, the
24monetary late filing penalty, and the ineligibility for or
25forfeiture of office or position for failure to file when the
26person's late filing of a statement or failure to file a

 

 

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1statement is due to his or her (i) serious or catastrophic
2illness that renders the person temporarily incapable of
3completing the statement or (ii) military service.
4(Source: P.A. 96-550, eff. 8-17-09.)
 
5    Section 10. The State Comptroller Act is amended by adding
6Section 10.05e as follows:
 
7    (15 ILCS 405/10.05e new)
8    Sec. 10.05e. Deductions from warrants and payments for
9satisfaction of late filing fees for failing to file statements
10of economic interests. At the direction of the Secretary of
11State, the Comptroller shall deduct from a warrant or other
12payment described in Section 10.05 of this Act, in accordance
13with the procedures provided therein, and pay over to the
14Secretary of State that amount certified as necessary to
15satisfy, in whole or in part, late fees for failing to file a
16statement of economic interests under the Illinois
17Governmental Ethics Act. The Comptroller shall provide the
18Secretary with the address to which the warrant or other
19payment was to be mailed and the social security number of each
20person from whom a deduction is made under this Section.