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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1979 Introduced 2/10/2011, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
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| 5 ILCS 420/4A-105 | from Ch. 127, par. 604A-105 |
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Amends the Illinois Governmental Ethics Act. Requires a candidate nominated at a general primary to file a statement of economic interests by May 1 before the general election, in addition to the statement he or she filed before the general primary.
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| | A BILL FOR |
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| | SB1979 | | LRB097 00016 JAM 40016 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Governmental Ethics Act is amended |
| 5 | | by changing Section 4A-105 as follows:
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| 6 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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| 7 | | 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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| 12 | | government in that calendar year.
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| 13 | | Statements must also be filed as follows:
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| 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
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| 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. In addition, a candidate nominated |
| 21 | | at the general primary shall file a statement by May 1 |
| 22 | | immediately after the general primary, unless he or she has |
| 23 | | already filed a statement in relation to the same unit of |
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| 1 | | government in that calendar year.
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| 2 | | (b) A person whose appointment to office is subject to |
| 3 | | confirmation by
the Senate shall file his statement at the |
| 4 | | time his name is submitted to
the Senate for confirmation.
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| 5 | | (b-5) A special government agent, as defined in
item |
| 6 | | (1) of Section 4A-101 of this Act, shall file a statement |
| 7 | | within 30 days
after
making the first ex parte |
| 8 | | communication and each May 1 thereafter if he or she
has |
| 9 | | made an ex parte communication within the previous 12 |
| 10 | | months.
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| 11 | | (c) Any other person required by this Article to file |
| 12 | | the statement
shall file a statement at the time of his or |
| 13 | | her initial appointment or
employment in relation to that |
| 14 | | unit of government if appointed or employed by
May 1.
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| 15 | | If any person who is required to file a statement of |
| 16 | | economic interests
fails to file such statement by May 1 of any |
| 17 | | year, the officer with whom
such statement is to be filed under |
| 18 | | Section 4A-106 of this Act shall,
within 7 days after May 1, |
| 19 | | notify such person by certified mail of his or
her failure to |
| 20 | | file by the specified date. Except as may be prescribed by
rule |
| 21 | | of the Secretary of State, such person shall file his or
her |
| 22 | | statement of economic interests on or before May 15 with the
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| 23 | | appropriate officer, together with a $15 late filing fee. Any |
| 24 | | such person
who fails to file by May 15 shall be subject to a |
| 25 | | penalty of $100 for each
day from May 16 to the date of filing, |
| 26 | | which shall be in addition to the $15
late filing fee specified |
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| 1 | | above. Failure to file by May 31 shall result in a
forfeiture |
| 2 | | in accordance with Section 4A-107 of this Act.
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| 3 | | Any person who takes office or otherwise becomes required |
| 4 | | to file a
statement of economic interests within 30 days prior |
| 5 | | to May 1 of any year
may file his or her statement at any time |
| 6 | | on or before May 31 without
penalty. If such person fails to |
| 7 | | file such statement by May 31, the
officer with whom such |
| 8 | | statement is to be filed under Section 4A-106 of
this Act |
| 9 | | shall, within 7 days after May 31, notify such person by |
| 10 | | certified
mail of his or her failure to file by the specified |
| 11 | | date. Such person
shall file his or her statement of economic |
| 12 | | interests on or before June 15 with
the appropriate officer, |
| 13 | | together with a $15 late filing fee. Any such
person who fails |
| 14 | | to file by June 15 shall be subject to a penalty of $100
per day |
| 15 | | for each day from June 16 to the date of filing, which shall be |
| 16 | | in
addition to the $15 late filing fee specified above. Failure |
| 17 | | to file by June
30 shall result in a forfeiture in accordance |
| 18 | | with Section 4A-107 of this Act.
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| 19 | | All late filing fees and penalties collected pursuant to |
| 20 | | this Section
shall be paid into the General Revenue Fund in the |
| 21 | | State treasury, if the
Secretary of State receives such |
| 22 | | statement for filing, or into the general
fund in the county |
| 23 | | treasury, if the county clerk receives such statement
for |
| 24 | | filing. The Attorney General, with respect to the State, and |
| 25 | | the
several State's Attorneys, with respect to counties, shall |
| 26 | | take appropriate
action to collect the prescribed penalties.
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| 1 | | Failure to file a statement of economic interests within |
| 2 | | the time
prescribed shall not result in a fine or ineligibility |
| 3 | | for, or forfeiture of,
office or position of employment, as the |
| 4 | | case may be; provided that the failure
to file results from not |
| 5 | | being included for notification by the appropriate
agency, |
| 6 | | clerk, secretary, officer or unit of government, as the case |
| 7 | | may be,
and that a statement is filed within 30 days of actual |
| 8 | | notice of the failure to
file.
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| 9 | | Beginning with statements required to be filed on or after |
| 10 | | May 1, 2009, the officer with whom a statement is to be filed |
| 11 | | may, in his or her discretion, waive the late filing fee, the |
| 12 | | monetary late filing penalty, and the ineligibility for or |
| 13 | | forfeiture of office or position for failure to file when the |
| 14 | | person's late filing of a statement or failure to file a |
| 15 | | statement is due to his or her (i) serious or catastrophic |
| 16 | | illness that renders the person temporarily incapable of |
| 17 | | completing the statement or (ii) military service. |
| 18 | | (Source: P.A. 96-550, eff. 8-17-09.)
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