State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0361

SB1071 Enrolled                                LRB9102002JMcs

    AN ACT to amend the Public Officer Prohibited  Activities
Act by changing Section 3.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Public Officer Prohibited Activities  Act
is amended by changing Section 3.1 as follows:

    (50 ILCS 105/3.1) (from Ch. 102, par. 3.1)
    Sec.  3.1.  Before any contract relating to the ownership
or use of real property is entered into by  and  between  the
State  or any local governmental unit or any agency of either
the identity  of  every  owner  and  beneficiary  having  any
interest,  real  or  personal,  in  such  property, and every
member, shareholder,  limited  partner,  or  general  partner
entitled   to   receive   more  than  7  1/2%  of  the  total
distributable  income  of  any  limited  liability   company,
corporation, or limited partnership having any interest, real
or   personal,  in  such  property  must  be  disclosed.  The
disclosure shall be in writing and shall be subscribed  by  a
member,  an  owner,  authorized  trustee, corporate official,
general partner, or managing agent, or his or her  authorized
attorney,  under  oath.  However,  if the interest, stock, or
shares  in  a  limited  liability  company,  corporation,  or
general partnership  is  publicly  traded  and  there  is  no
readily  known  individual  having  greater  than  a  7  1/2%
interest,  then  a  statement  to  that effect, subscribed to
under oath by  a  member,  an  officer  of  the  corporation,
general  partner,  or  its  managing  agent,  or  his  or her
authorized attorney, shall fulfill the  disclosure  statement
requirement  of  this  Section.  As  a condition of contracts
entered  into  on  or  after  the  effective  date  of   this
amendatory  Act  of  1995, the beneficiaries of a lease shall
furnish the trustee of a trust subject  to  disclosure  under
this Section with a binding non-revocable letter of direction
authorizing   the  trustee  to  provide  the  State  with  an
up-to-date disclosure whenever requested by the  State.   The
letter of direction shall be binding on beneficiaries' heirs,
successors, and assigns during the term of the contract. This
Section  shall  be  liberally  construed  to  accomplish  the
purpose of requiring the identification of the actual parties
benefiting  from  any transaction with a governmental unit or
agency involving the procurement of the ownership or  use  of
real property thereby.
    For  any  entity  that  is  wholly  or partially owned by
another entity, the names of the  owners  of  the  wholly  or
partially   owning  entity  shall  be  disclosed  under  this
Section, as well as the names of the owners of the wholly  or
partially owned entity.
(Source: P.A. 89-91, eff. 6-30-95.)

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

[ Top ]