Full Text of SB1592 96th General Assembly
SB1592 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1592
Introduced 2/19/2009, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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5 ILCS 420/4A-105 |
from Ch. 127, par. 604A-105 |
5 ILCS 420/4A-107 |
from Ch. 127, par. 604A-107 |
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Amends the Illinois Governmental Ethics Act. Permits the Secretary of State and county clerks to waive fees and penalties when a person files a statement of economic interests late, or fails to file the statement, due to his or her serious or catastrophic illness or military service. Effective immediately.
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A BILL FOR
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SB1592 |
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LRB096 00010 JAM 11974 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Governmental Ethics Act is amended | 5 |
| by changing Sections 4A-105 and 4A-107 as follows: | 6 |
| (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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| Sec. 4A-105. Time for filing. Except as provided in | 8 |
| Section 4A-106.1, by
May 1 of each year a statement must be | 9 |
| filed by each person
whose position at that time subjects him | 10 |
| to the filing requirements of Section
4A-101 unless he has | 11 |
| already filed a statement in relation to the same unit of
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| government in that calendar year.
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| Statements must also be filed as follows:
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| (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
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| 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.
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| (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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SB1592 |
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LRB096 00010 JAM 11974 b |
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| (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.
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| (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.
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| If any person who is required to file a statement of | 12 |
| economic interests
fails to file such statement by May 1 of any | 13 |
| year, the officer with whom
such statement is to be filed under | 14 |
| Section 4A-106 of this Act shall,
within 7 days after May 1, | 15 |
| notify such person by certified mail of his or
her failure to | 16 |
| file by the specified date. Except as may be prescribed by
rule | 17 |
| of the Secretary of State, such person shall file his or
her | 18 |
| statement of economic interests on or before May 15 with the
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| appropriate officer, together with a $15 late filing fee. Any | 20 |
| such person
who fails to file by May 15 shall be subject to a | 21 |
| penalty of $100 for each
day from May 16 to the date of filing, | 22 |
| which shall be in addition to the $15
late filing fee specified | 23 |
| above. Failure to file by May 31 shall result in a
forfeiture | 24 |
| in accordance with Section 4A-107 of this Act.
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| Any person who takes office or otherwise becomes required | 26 |
| to file a
statement of economic interests within 30 days prior |
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SB1592 |
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LRB096 00010 JAM 11974 b |
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| to May 1 of any year
may file his or her statement at any time | 2 |
| on or before May 31 without
penalty. If such person fails to | 3 |
| file such statement by May 31, the
officer with whom such | 4 |
| statement is to be filed under Section 4A-106 of
this Act | 5 |
| shall, within 7 days after May 31, notify such person by | 6 |
| certified
mail of his or her failure to file by the specified | 7 |
| date. Such person
shall file his or her statement of economic | 8 |
| interests on or before June 15 with
the appropriate officer, | 9 |
| together with a $15 late filing fee. Any such
person who fails | 10 |
| to file by June 15 shall be subject to a penalty of $100
per day | 11 |
| for each day from June 16 to the date of filing, which shall be | 12 |
| in
addition to the $15 late filing fee specified above. Failure | 13 |
| to file by June
30 shall result in a forfeiture in accordance | 14 |
| with Section 4A-107 of this Act.
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| All late filing fees and penalties collected pursuant to | 16 |
| this Section
shall be paid into the General Revenue Fund in the | 17 |
| State treasury, if the
Secretary of State receives such | 18 |
| statement for filing, or into the general
fund in the county | 19 |
| treasury, if the county clerk receives such statement
for | 20 |
| filing. The Attorney General, with respect to the State, and | 21 |
| the
several State's Attorneys, with respect to counties, shall | 22 |
| take appropriate
action to collect the prescribed penalties.
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| Failure to file a statement of economic interests within | 24 |
| the time
prescribed shall not result in a fine or ineligibility | 25 |
| for, or forfeiture of,
office or position of employment, as the | 26 |
| case may be; provided that the failure
to file results from not |
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SB1592 |
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LRB096 00010 JAM 11974 b |
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| being included for notification by the appropriate
agency, | 2 |
| clerk, secretary, officer or unit of government, as the case | 3 |
| may be,
and that a statement is filed within 30 days of actual | 4 |
| notice of the failure to
file.
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| Beginning with statements required to be filed on or after | 6 |
| May 1, 2009, the officer with whom a statement is to be filed | 7 |
| may, in his or her discretion, waive the late filing fee, the | 8 |
| monetary late filing penalty, and the ineligibility for or | 9 |
| forfeiture of office or position for failure to file when the | 10 |
| person's late filing of a statement or failure to file a | 11 |
| statement is due to his or her (i) serious or catastrophic | 12 |
| illness that renders the person temporarily incapable of | 13 |
| completing the statement or (ii) military service. | 14 |
| (Source: P.A. 93-617, eff. 12-9-03.)
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| (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
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| Sec. 4A-107. Any person required to file a statement of | 17 |
| economic interests
under this Article who willfully files a | 18 |
| false or incomplete statement shall be
guilty of a Class A | 19 |
| misdemeanor.
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| Except when the fees and penalties for late filing have | 21 |
| been waived under Section 4A-105, failure Failure to file a | 22 |
| statement within the time prescribed shall result in
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| ineligibility for, or forfeiture of, office or position of | 24 |
| employment, as
the case may be; provided, however, that if the | 25 |
| notice of failure to
file a statement of economic interests |
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LRB096 00010 JAM 11974 b |
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| provided in Section 4A-105 of this
Act is not given by the | 2 |
| Secretary of State or the county clerk, as the case
may be, no | 3 |
| forfeiture shall result if a statement is filed within 30 days
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| of actual notice of the failure to file.
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| The Attorney General, with respect to offices or positions | 6 |
| described in
items (a) through (f) and items (j) and (l) of | 7 |
| Section 4A-101 of this
Act, or the State's
Attorney of the | 8 |
| county of the entity for which the filing of statements of
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| economic interests is required, with respect to offices or | 10 |
| positions
described in items (g) through (i) and item (k) of
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| Section
4A-101 of this Act,
shall bring an action in quo | 12 |
| warranto against any person who has failed to file
by either | 13 |
| May 31 or June 30 of any given year and for whom the fees and | 14 |
| penalties for late filing have not been waived under Section | 15 |
| 4A-105 .
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| (Source: P.A. 93-617, eff. 12-9-03.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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