Section 565.20  Purpose

 

Pursuant to Section 3A-30 of the Act [5 ILCS 420/3A-30], this Part shall apply to any appointees to a board, commission, authority, or task force authorized or created by State law or by executive order of the Governor, and to those persons notified by the Secretary of State of their requirement to file statements of economic interests pursuant to Section 4A-101 of the Act [5 ILCS 420/4A-101].  The purpose of this Part is to extend the filing deadline for statements of economic interests upon a showing of just cause as to why the form cannot be filed in a timely manner.  Persons granted filing extensions shall have 30 days from their original filing deadline in which to file forms without penalty, unless a longer extension is granted pursuant to Section 565.50 of this Part. In addition, the disclosure requirements for appointees are set forth in regard to State contracts and financial interests held by appointees and immediate family members of appointees.

 

(Source:  Amended at 29 Ill. Reg. 8908, effective June 10, 2005)

 

Section 565.30  Definitions

 

            "Act" means the Illinois Governmental Ethics Act [5 ILCS 420].

 

            "Appointee" means any person appointed to a board, commission, authority, or task force authorized or created by State law.

 

            "Department" means the Secretary of State Index Department.

 

            "Disclosure" means the disclosure of any State contracts as established in Section 3A-30 of the Act.

 

            "Filer" means a person notified by the Department of his or her requirement to file a statement of economic interests pursuant to Section 4A-101 of the Act and appointees to any board, commission, authority, or task force authorized or created by State law or by executive order of the Governor.

 

            "Immediate family" means a spouse, parent, child or sibling or family members living with the filer.

 

            "Serious illness" means any illness that can be documented to the Department by a physician's note.

 

(Source:  Amended at 29 Ill. Reg. 8908, effective June 10, 2005)

 

Section 565.35  Disclosure of Interest in State Contracts by Appointees

 

a)         Every appointee required to disclose contractual interests under Section 565.20 shall file a disclosure report approved by the Secretary of State upon appointment.

 

1)         Copies of official forms may be obtained from the Index Department.

 

2)         Alternative methods of reporting are prohibited unless prior written approval has been received from the Director of the Index Department.

 

3)         Prior written approval will be given based on the compatibility of alternative methods with the Index Department's public disclosure procedures.  Approval shall be granted if information reported meets the informational elements within Appendix A of this Part and is compatible with electronic data software used by the Secretary.

 

b)         The appointee shall file a disclosure for all contracts the appointee, his or her spouse, or immediate family members living with the appointee have with the State and all contracts between the State and any entity in which the appointee or his or her immediate family members living with the appointee have a majority financial interest.

 

(Source:  Added at 29 Ill. Reg. 8908, effective June 10, 2005)

 

Section 565.40  Requests For Extensions

 

a)         All requests for extensions shall be submitted in writing to the Secretary of State Index Department at 111 E. Monroe Street, Springfield, Illinois 62756.  Requests shall include any documentation in support of the filer's reason, including, but not limited to, a physician's note or a receipt of mailing.

 

b)         Pursuant to Gubernatorial Disaster Declaration No. 2020-038 issued on March 9, 2020 and any subsequent COVID-19 disaster proclamations, and Executive Order No. 2020-08 issued March 17, 2020 and any subsequent extension of that Executive Order, the provisions of Article 4A of the Illinois Governmental Ethics Act [5 ILCS 420/4A] and Section IV of Executive Order 2015-09, providing for the filing of statements of economic interests, are suspended during the duration of the Gubernatorial Disaster Proclamation and for 30 days following its termination.

 

(Source:  Amended at 44 Ill. Reg. 13744, effective August 4, 2020)

 

Section 565.50  Reasons For Which Extensions Will Be Granted

 

The Department will extend the filing deadline for 30 days, or longer if the Department deems a longer period is required by the circumstances, beyond the filer's due date for the following reasons:

 

a)         Death or hospitalization of an immediate family member;

 

b)         Hospitalization or serious illness of the filer;

 

c)         Filer was on sabbatical during the original filing period;

 

d)         Filer did not receive the form due to an incorrect address;

 

e)         Other reasons within the discretion of the Department. This provision shall be narrowly construed.

 

Section 565.60  Reasons For Which Extensions Will Not Be Granted

 

The Department will not extend the filing deadline for the following reasons:

 

a)         Filer delegated the duty to an individual who failed to file on behalf of the filer for any reason;

 

b)         Filer claims that the Statement was mailed in a timely manner, yet cannot provide proof of mailing (this includes U.S. mail, overnight service, and inter-office mail);

 

c)         Filer was ill, but has no documentation from a physician;

 

d)         Other reasons within the discretion of the Department.  The Department's refusal to grant a filing extension is not subject to appeal.

 

Section 565.70  Failure to File Upon Receipt of Extension

 

Statements of Economic Interests not filed within the extended filing period shall be subject to the statutory penalties of:

 

a)         $15 for forms filed within 15 days after the extended filing deadline;

 

b)         $15, plus $100 per day, for forms filed more than 15 days after the extended filing deadline.

 

Section 565.APPENDIX A   Disclosure of Appointee Interest in State Contracts

 

DISCLOSURE OF APPOINTEE INTEREST IN STATE CONTRACTS
TO BE FILED WITH THE SECRETARY OF STATE
Secretary of State Index Department − Ethics Section 111 East Monroe, Springfield IL 62756
Appointee's Name:
Mailing Address:						Date of Appointment _________________ (This date must be completed)
City, State, Zip:
Name and type of organization for which this disclosure is being filed:
Board		Commission	Authority	Task Force

 

GENERAL DIRECTIONS

Pursuant to 5 ILCS 420/3A.30, upon appointment to a board, commission, authority, or task force authorized or created by State law, a person must file with the Secretary of State a disclosure of all contracts the person or his or her spouse or immediate family members living with the person have with the State and all contracts between the State and any entity in which the person or his or her spouse or immediate family members living with the person have a majority financial interest.

 

Below list all contracts with the State of Illinois in effect on or after the date of appointment.

 

(If additional space is needed, please attach supplemental listing.)

 

Name of individual or entity contracting with the State of Illinois:		Name of State agency or department the contract is with:

 

VERIFICATION

 

"I declare that this disclosure statement (including any supplemental listing) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of any contracts that I am required to identify pursuant to the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a business offense punishable by a fine of $1,001.

 

It is further understood that an unlawful conflict of interest may arise if, as an appointee, I, my spouse, or immediate family member living in my residence has or acquires a contract or has or acquires a direct pecuniary interest in a contract with the State that relates to the board, commission, authority or task force of which I am an appointee during and for one year following the conclusion of my term of office."

 

 

 

 

 

(Signature of Appointee Making the Statement)

(Date)

 

(Source:  Added at 29 Ill. Reg. 8908, effective June 10, 2005)