State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_SB1009ham003

 










                                           LRB9105625DHmgam03

 1                    AMENDMENT TO SENATE BILL 1009

 2        AMENDMENT NO.     .  Amend Senate Bill 1009, AS  AMENDED,
 3    as follows:

 4    by  replacing  everything  after the enacting clause with the
 5    following:

 6        "Section 5.  The  Illinois  Governmental  Ethics  Act  is
 7    amended by changing Section 4A-106 as follows:

 8        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
 9        Sec.   4A-106.   The  statements  of  economic  interests
10    required of persons listed in items (a) through (f) and  item
11    (j)  of  Section  4A-101 shall be filed with the Secretary of
12    State.  The statements  of  economic  interests  required  of
13    persons  listed  in  items  (g),  (h),  (i),  (k), and (l) of
14    Section 4A-101 shall be filed with the county  clerk  of  the
15    county  in  which  the  principal office of the unit of local
16    government with which the person is  associated  is  located.
17    If  it is not apparent which county the principal office of a
18    unit of local government is located, the chief administrative
19    officer, or his or  her  designee,  has  the  authority,  for
20    purposes  of  this  Act, to determine the county in which the
21    principal  office  is  located.   On  or  before  February  1
 
                            -2-            LRB9105625DHmgam03
 1    annually, (1) the chief administrative officer of  any  State
 2    agency  in  the  executive,  legislative,  or judicial branch
 3    employing persons required to file under item (f) of  Section
 4    4A-101  shall certify to the Secretary of State the names and
 5    mailing  addresses  of  those  persons,  and  (2)  the  chief
 6    administrative officer, or his or her designee, of each  unit
 7    of  local government with persons described in items (h), (i)
 8    and (k) of Section 4A-101 shall certify  to  the  appropriate
 9    county  clerk  a  list  of  names  and  addresses  of persons
10    described in items (h), (i) and (k) of  Section  4A-101  that
11    are  required  to  file.   In preparing the lists, each chief
12    administrative officer, or his or her designee, shall set out
13    the names in alphabetical order.
14        On or before February 1 annually, the  secretary  to  the
15    board  of  education  for  local  school councils established
16    pursuant to Section 34-2.1 of the School Code  shall  certify
17    to  the county clerk the names and mailing addresses of those
18    persons described in item (l) of Section 4A-101.
19        On or before April 1 annually,  the  Secretary  of  State
20    shall  notify (1) all persons whose names have been certified
21    to him under item (f) of Section 4A-101, and (2) all  persons
22    described  in  items  (a) through (e) and item (j) of Section
23    4A-101, other than candidates for office who have filed their
24    statements  with   their   nominating   petitions,   of   the
25    requirements for filing statements of economic interests.
26        On  or  before April 1 annually, the county clerk of each
27    county  shall  notify  all  persons  whose  names  have  been
28    certified to him under items (g), (h), (i), (k), and  (l)  of
29    Section  4A-101,  other  than  candidates for office who have
30    filed their statements with their  nominating  petitions,  of
31    the requirements for filing statements of economic interests.
32        Except  as  provided  in  Section  4A-106.1,  the notices
33    provided  for  in  this  Section  shall  be  in  writing  and
34    deposited in the U.S. Mail, properly addressed,  first  class
 
                            -3-            LRB9105625DHmgam03
 1    postage  prepaid,  on  or  before  the  day  required by this
 2    Section for the sending of the notice. A certificate executed
 3    by the Secretary of State or county clerk attesting  that  he
 4    has mailed the notice has been mailed constitutes prima facie
 5    evidence thereof.
 6        From  the  lists  certified  to him under this Section of
 7    persons described in items (g), (h), (i),  (k),  and  (l)  of
 8    Section  4A-101,  the  clerk  of each county shall compile an
 9    alphabetical listing of persons required to  file  statements
10    of economic interests in his office under any of those items.
11    As  the  statements are filed in his office, the county clerk
12    shall 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
16    of that listing showing those who have filed statements.
17        The county clerk of  each  county  shall  note  upon  the
18    alphabetical  listing  the  names  of all persons required to
19    file 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        Any person who files or has filed a statement of economic
25    interest under this Act  is  entitled  to  receive  from  the
26    Secretary  of  State  or  county clerk, as the case may be, a
27    receipt  indicating  that  the  person  has  filed   such   a
28    statement,  the  date of such filing, and the identity of the
29    governmental  unit  in  relation  to  which  the  filing   is
30    required.
31        The  Secretary  of  State  may  employ such employees and
32    consultants as he considers necessary to carry out his duties
33    hereunder,  and  may  prescribe  their  duties,   fix   their
34    compensation,   and   provide   for  reimbursement  of  their
 
                            -4-            LRB9105625DHmgam03
 1    expenses.
 2        All statements of economic  interests  filed  under  this
 3    Section shall be available for examination and copying by the
 4    public at all reasonable times.
 5        The Secretary may, by rule, allow for the optional filing
 6    of  statements  of economic interest in an electronic format.
 7    No later than June 1, 2001, the Secretary shall promptly make
 8    all disclosures required to be filed under  this  Section  by
 9    candidates  for  election to the General Assembly and members
10    of the  General  Assembly  and  candidates  for  and  persons
11    holding   the   offices  of  Governor,  Lieutenant  Governor,
12    Attorney General, Secretary of State, State Comptroller,  and
13    State  Treasurer  publicly available by means of a searchable
14    database that is accessible through the World Wide Web.    No
15    later  than  June 1, 2002, the Secretary shall, by rule, make
16    publicly available by means of a searchable database that  is
17    accessible through the World Wide Web all other statements of
18    economic  interest required to be filed with the Secretary of
19    State.   Each person examining a statement  must  first  fill
20    out a form prepared by the Secretary of State identifying the
21    examiner  by  name, occupation, address and telephone number,
22    and listing the date  of  examination  and  reason  for  such
23    examination.   The Secretary of State shall supply such forms
24    to the county clerks annually and replenish such  forms  upon
25    request.
26        The  Secretary  of State or county clerk, as the case may
27    be, shall promptly notify each  person  required  to  file  a
28    statement   under   this  Article  of  each  instance  of  an
29    examination of his  statement  by  sending  him  a  duplicate
30    original  of the identification form filled out by the person
31    examining his statement.
32    (Source: P.A. 88-187; 88-511; 88-605,  eff.  9-1-94;  89-433,
33    eff. 12-15-95.)
 
                            -5-            LRB9105625DHmgam03
 1        Section  10.  The Lobbyist Registration Act is amended by
 2    adding Section 5.5 as follows:

 3        (25 ILCS 170/5.5 new)
 4        Sec. 5.5.  Electronic  filing.   The  Secretary  may,  by
 5    rule,  allow  for the optional filing of the reports required
 6    by this Act in an electronic format.  Other than the pictures
 7    required by subsection (d) of Section 5, the Secretary  must,
 8    no  later than June 1, 2001, make all information required by
 9    Sections 5 and 6 publicly available by means of a  searchable
10    database that is accessible through the World Wide Web.

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.".

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