96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2312

 

Introduced 2/18/2009, by Rep. Elizabeth Coulson

 

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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2312 LRB096 09640 JAM 19801 b

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

 

 

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

 

 

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1 statement.
2     (a) The following interests shall be listed by all persons
3 required to file:
4         (1) The source, type, and amount or value of income
5     (other than income referred in subsection (a)(2)) from any
6     source other than from current employment by the State of
7     Illinois.
8         (2) The source and type of income which consists of
9     income from dividends, rents, interest, trusts, and
10     capital gains, received during the preceding calendar year
11     which exceeds $200 in amount or value, and an indication of
12     the appropriate category of value such item of income is
13     within.
14         (3) The source, date, and amount of payments made to
15     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 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 does not include any personal liability owed (i) to
24     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 also does not include deposits

 

 

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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 owed at any time during the
7     preceding calendar year to any creditor other than (i) an
8     immediate family member of the person filing the statement
9     or (ii) an immediate family member of the spouse of the
10     person filing the statement. This item does not include:
11             (A) Any mortgage secured by real property that is
12         the primary personal residence of the person filing the
13         statement.
14             (B) Any loan secured by a personal motor vehicle,
15         household furniture, appliances, or other similar
16         effect if the loan does not exceed the purchase price
17         of the item or items that secure it.
18             (C) Any debt owed by a political committee
19         associated with the person filing the statement,
20         provided that such debt is reported as required by
21         Article 9 of the Election Code.
22     With regard to revolving charge accounts, the person filing
23 the statement need report only his or her outstanding aggregate
24 liability across all accounts, and only if in excess of $10,000
25 at the close of the preceding calendar year.
26         (6) A brief description, the date, and the category of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     market value as of the date of filing or if dividends in
2     excess of $1,200 were received from the entity during the
3     preceding calendar year. (In the case of real estate,
4     location thereof shall be listed by street address, or if
5     none, then by legal description). No time or demand deposit
6     in a financial institution, nor any debt instrument need be
7     listed.
8         (2) (Blank.) Except for professional service entities,
9     the name of any entity and any position held therein from
10     which income in excess of $1,200 was derived during the
11     preceding calendar year if the entity does business with a
12     unit of local government in relation to which the person is
13     required to file. No time or demand deposit in a financial
14     institution, nor any debt instrument need be listed.
15         (3) The name of any entity and the nature of the
16     governmental action requested by any entity which has
17     applied to a unit of local government in relation to which
18     the person must file for any license, franchise or permit
19     for annexation, zoning or rezoning of real estate during
20     the preceding calendar year if the ownership interest of
21     the person filing is in excess of $5,000 fair market value
22     at the time of filing or if income or dividends in excess
23     of $1,200 were received by the person filing from the
24     entity during the preceding calendar year.
25 (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
 

 

 

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1     (5 ILCS 420/4A-102.5 new)
2     Sec. 4A-102.5. Appointee supplemental statement. Persons
3 filing statements of economic interests as a result of their
4 nomination to a board or commission shall also, at the same
5 time and in the same manner, file a supplement to the statement
6 containing the following information:
7         (1) Any contributions, in excess of $150 in the
8     aggregate, to any political committee organized under the
9     Election Code made since the end of the last preceding
10     semi-annual disclosure period and the date the person files
11     the statement of economic interests, including the amount
12     of the contribution, the date, and the recipient.
13         (2) Any contribution made to a legal defense fund since
14     the filing of the last previous statement of economic
15     interests or, if the person is filing his or her first
16     statement of economic interests, in the 12 months preceding
17     the filing date.
18         (3) The name of any immediate family member who is
19     registered as a lobbyist with any State or federal agency
20     or office.
 
21     (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
22     Sec. 4A-103. The statement of economic interests required
23 by this Article to be filed with the Secretary of State shall
24 be filled in by typewriting or hand printing, shall be
25 verified, dated, and signed by manual or electronic means as

 

 

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1 appropriate by the person making the statement, and made in a
2 form prescribed by the Secretary of State that shall, in paper
3 and electronic formats, substantially replicate the design of
4 the 2002 Public Financial Disclosure Report forms employed by
5 the United States Congress for purposes of complying with the
6 Ethics in Government Act of 1978. and shall contain
7 substantially the following:
8
STATEMENT OF ECONOMIC INTEREST
9
(TYPE OR HAND PRINT)
10 .............................................................
11 (name)
12 .............................................................
13 (each office or position of employment for which this statement
14 is filed)
15 .............................................................
16 (full mailing address)
17 GENERAL DIRECTIONS:
18     The interest (if constructively controlled by the person
19 making the statement) of a spouse or any other party, shall be
20 considered to be the same as the interest of the person making
21 the statement.
22     Campaign receipts shall not be included in this statement.
23     If additional space is needed, please attach supplemental
24 listing.
25     1. List the name and instrument of ownership in any entity
26 doing business in the State of Illinois, in which the ownership

 

 

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

 

 

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1 making the statement.
2 .............................................................
3 .............................................................
4     4. List the identity (including the address or legal
5 description of real estate) of any capital asset from which a
6 capital gain of $5,000 or more was realized during the
7 preceding calendar year.
8 .............................................................
9 ............................................................
10     5. List the identity of any compensated lobbyist with whom
11 the person making the statement maintains a close economic
12 association, including the name of the lobbyist and specifying
13 the legislative matter or matters which are the object of the
14 lobbying activity, and describing the general type of economic
15 activity of the client or principal on whose behalf that person
16 is lobbying.
17LobbyistLegislative MatterClient or Principal
18.............................................................
19.............................................................
20     6. List the name of any entity doing business in the State
21 of Illinois from which income in excess of $1,200 was derived
22 during the preceding calendar year other than for professional
23 services and the title or description of any position held in
24 that entity. (In the case of real estate, location thereof
25 shall be listed by street address, or if none, then by legal
26 description). No time or demand deposit in a financial

 

 

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1 institution nor any debt instrument need be listed.
2EntityPosition Held
3..............................................................
4..............................................................
5..............................................................
6     7. List the name of any unit of government which employed
7 the person making the statement during the preceding calendar
8 year other than the unit or units of government in relation to
9 which the person is required to file.
10 .............................................................
11 .............................................................
12     8. List the name of any entity from which a gift or gifts,
13 or honorarium or honoraria, valued singly or in the aggregate
14 in excess of $500, was received during the preceding calendar
15 year.
16 .............................................................
17 VERIFICATION:
18     "I declare that this statement of economic interests
19 (including any accompanying schedules and statements) has been
20 examined by me and to the best of my knowledge and belief is a
21 true, correct and complete statement of my economic interests
22 as required by the Illinois Governmental Ethics Act. I
23 understand that the penalty for willfully filing a false or
24 incomplete statement shall be a fine not to exceed $1,000 or
25 imprisonment in a penal institution other than the penitentiary
26 not to exceed one year, or both fine and imprisonment."

 

 

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1 ................  ..........................................
2 (date of filing)   (signature of person making the statement)
3 (Source: P.A. 95-173, eff. 1-1-08.)
 
4     (5 ILCS 420/4A-104)  (from Ch. 127, par. 604A-104)
5     Sec. 4A-104. The statement of economic interests required
6 by this Article to be filed with the county clerk shall be
7 filled in by typewriting or hand printing, shall be verified,
8 dated, and signed by manual or electronic means as appropriate
9 by the person making the statement, and made on a form
10 prescribed by the Secretary of State that shall substantially
11 replicate the design of the 2002 Public Financial Disclosure
12 Report forms employed by the United States Congress for
13 purposes of complying with the Ethics in Government Act of
14 1978. shall contain substantially the following:
15
STATEMENT OF ECONOMIC INTERESTS
16
(TYPE OR HAND PRINT)
17 .............................................................
18 (Name)
19 .............................................................
20 (each office or position of employment for which this statement
21 is filed) ...................................................
22 (full mailing address)
23 GENERAL DIRECTIONS:
24     The interest (if constructively controlled by the person
25 making the statement) of a spouse or any other party, shall be

 

 

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

 

 

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

 

 

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1 income or dividends in excess of $1200 were received by the
2 person filing from the entity during the preceding calendar
3 year.
4 .............................................................
5 .............................................................
6 .............................................................
7     6. List the name of any entity doing business with a unit
8 of local government in relation to which the person is required
9 to file from which income in excess of $1,200 was derived
10 during the preceding calendar year other than for professional
11 services and the title or description of any position held in
12 that entity. No time or demand deposit in a financial
13 institution nor any debt instrument need be listed.
14 .............................................................
15 .............................................................
16     7. List the name of any unit of government which employed
17 the person making the statement during the preceding calendar
18 year other than the unit or units of government in relation to
19 which the person is required to file.
20 .............................................................
21 .............................................................
22     8. List the name of any entity from which a gift or gifts,
23 or honorarium or honoraria, valued singly or in the aggregate
24 in excess of $500, was received during the preceding calendar
25 year.
26 .............................................................

 

 

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1 VERIFICATION:
2     "I declare that this statement of economic interests
3 (including any accompanying schedules and statements) has been
4 examined by me and to the best of my knowledge and belief is a
5 true, correct and complete statement of my economic interests
6 as required by the Illinois Governmental Ethics Act. I
7 understand that the penalty for willfully filing a false or
8 incomplete statement shall be a fine not to exceed $1,000 or
9 imprisonment in a penal institution other than the penitentiary
10 not to exceed one year, or both fine and imprisonment."
11 ................  ..........................................
12 (date of filing)   (signature of person making the statement)
13 (Source: P.A. 95-173, eff. 1-1-08.)
 
14     (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
15     Sec. 4A-105. Time for filing. Except as provided in
16 Section 4A-106.1, by May 1 of each year a statement must be
17 filed by each person whose position at that time subjects him
18 to the filing requirements of Section 4A-101 unless he has
19 already filed a statement in relation to the same unit of
20 government in that calendar year.
21     Statements must also be filed as follows:
22         (a) A candidate for elective office shall file his
23     statement not later than the end of the period during which
24     he can take the action necessary under the laws of this
25     State to attempt to qualify for nomination, election, or

 

 

HB2312 - 20 - LRB096 09640 JAM 19801 b

1     retention to such office if he has not already filed a
2     statement in relation to the same unit of government during
3     that same calendar year within a year preceding such
4     action.
5         (b) A person whose appointment to office is subject to
6     confirmation by the Senate shall file his statement at the
7     time his name is submitted to the Senate for confirmation.
8         (b-5) A special government agent, as defined in item
9     (1) of Section 4A-101 of this Act, shall file a statement
10     within 30 days after making the first ex parte
11     communication and each May 1 thereafter if he or she has
12     made an ex parte communication within the previous 12
13     months.
14         (c) Any other person required by this Article to file
15     the statement shall file a statement at the time of his or
16     her initial appointment or employment in relation to that
17     unit of government if appointed or employed by May 1.
18     If any person who is required to file a statement of
19 economic interests fails to file such statement by May 1 of any
20 year, the officer with whom such statement is to be filed under
21 Section 4A-106 of this Act shall, within 7 days after May 1,
22 notify such person by certified mail of his or her failure to
23 file by the specified date. Except as may be prescribed by rule
24 of the Secretary of State, such person shall file his or her
25 statement of economic interests on or before May 15 with the
26 appropriate officer, together with a $15 late filing fee. Any

 

 

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

 

 

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1 filing. The Attorney General, with respect to the State, and
2 the several State's Attorneys, with respect to counties, shall
3 take appropriate action to collect the prescribed penalties.
4     Failure to file a statement of economic interests within
5 the time prescribed shall not result in a fine or ineligibility
6 for, or forfeiture of, office or position of employment, as the
7 case may be; provided that the failure to file results from not
8 being included for notification by the appropriate agency,
9 clerk, secretary, officer or unit of government, as the case
10 may be, and that a statement is filed within 30 days of actual
11 notice of the failure to file.
12 (Source: P.A. 93-617, eff. 12-9-03.)
 
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
16 persons listed in items (a) through (f), item (j), and item (l)
17 of Section 4A-101 shall be filed with the Secretary of State.
18 The Secretary of State shall by rule provide for the electronic
19 filing of statements as follows:
20     Beginning January 1, 2010, or as soon thereafter as the
21 Secretary of State has provided adequate software to persons
22 required to file under this Article, all Statements filed under
23 this Article shall be filed in electronic format. The Secretary
24 shall promptly upon verification make all statements filed
25 under this Article publicly available by means of a searchable

 

 

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1 database that is accessible through the World Wide Web.
2 "Searchable" means, for the purpose of this Section, that any
3 person may query each question for any proper names and
4 addresses. The Secretary of State shall provide all software
5 necessary to comply with this Section and shall implement a
6 plan to provide computer access and assistance to persons
7 required to file by this Article.
8     (b) The statements of economic interests required of
9 persons listed in items (g), (h), (i), and (k) of Section
10 4A-101 shall be filed with the county clerk of the county in
11 which the principal office of the unit of local government with
12 which the person is associated is located. If it is not
13 apparent which county the principal office of a unit of local
14 government is located, the chief administrative officer, or his
15 or her designee, has the authority, for purposes of this Act,
16 to determine the county in which the principal office is
17 located.
18     (c) On or before February 1 annually, (1) the chief
19 administrative officer of any State agency in the executive,
20 legislative, or judicial branch employing persons required to
21 file under item (f) or item (l) of Section 4A-101 shall certify
22 to the Secretary of State the names and mailing addresses of
23 those persons. The State Board of Elections shall, within 14
24 days after the proclamation of the results of a general primary
25 pursuant to Section 7-58 of the Election Code, provide the
26 Secretary of State with a true alphabetical listing of the

 

 

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

 

 

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1 him under items (f) and (l) of Section 4A-101, and (2) all
2 persons described in items (a) through (e) and item (j) of
3 Section 4A-101, together, in even-numbered years, with the
4 names of candidates nominated at the most recent general
5 primary , other than candidates for office who have filed their
6 statements with their nominating petitions, of the
7 requirements for filing statements of economic interests. A
8 person required to file with the Secretary of State by virtue
9 of more than one item among items (a) through (f) and items (j)
10 and (l) shall be notified of and is required to file only one
11 statement of economic interests relating to all items under
12 which the person is required to file with the Secretary of
13 State.
14     (f) On or before April 1 annually, the county clerk of each
15 county shall notify all persons whose names have been certified
16 to him under items (g), (h), (i), and (k) of Section 4A-101,
17 other than candidates for office who have filed their
18 statements with their nominating petitions, of the
19 requirements for filing statements of economic interests. A
20 person required to file with a county clerk by virtue of more
21 than one item among items (g), (h), (i), and (k) shall be
22 notified of and is required to file only one statement of
23 economic interests relating to all items under which the person
24 is required to file with that county clerk.
25     (g) Except as provided in Section 4A-106.1, the notices
26 provided for in this Section shall be in writing and deposited

 

 

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

 

 

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1 receipt indicating that the person has filed such a statement,
2 the date of such filing, and the identity of the governmental
3 unit or units in relation to which the filing is required. A
4 county clerk shall issue such receipt either on proof that the
5 person has filed with the Secretary of State in electronic
6 format or upon receipt of a paper form.
7     (k) The Secretary of State may employ such employees and
8 consultants as he considers necessary to carry out his duties
9 hereunder, and may prescribe their duties, fix their
10 compensation, and provide for reimbursement of their expenses.
11     (l) The Secretary of State shall provide training, through
12 the Secretary of State's website, for ethics officers appointed
13 under the State Officers and Employees Ethics Act and through
14 the Secretary of State's website, for persons required to file
15 statements of economic interests.
16     (m) All statements of economic interests filed under this
17 Section shall be available for examination and copying by the
18 public at all reasonable times. Not later than 12 months after
19 the effective date of this amendatory Act of the 93rd General
20 Assembly, beginning with statements filed in calendar year
21 2004, the Secretary of State shall make statements of economic
22 interests filed with the Secretary available for inspection and
23 copying via the Secretary's website.
24 (Source: P.A. 93-617, eff. 12-9-03; 94-603, eff. 8-16-05.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.