State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB0038eng

 
HB0038 Engrossed                               LRB9100093MWpc

 1        AN ACT concerning ethics, amending named Acts.

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

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

 6        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
 7        Sec.  4A-106.   The  statements  of  economic   interests
 8    required  of persons listed in items (a) through (f) and item
 9    (j) of Section 4A-101 shall be filed with  the  Secretary  of
10    State.   The  statements  of  economic  interests required of
11    persons listed in items  (g),  (h),  (i),  (k),  and  (l)  of
12    Section  4A-101  shall  be filed with the county clerk of the
13    county in which the principal office of  the  unit  of  local
14    government  with  which  the person is associated is located.
15    If it is not apparent which county the principal office of  a
16    unit of local government is located, the chief administrative
17    officer,  or  his  or  her  designee,  has the authority, for
18    purposes of this Act, to determine the county  in  which  the
19    principal  office  is  located.   On  or  before  February  1
20    annually,  (1)  the chief administrative officer of any State
21    agency in the  executive,  legislative,  or  judicial  branch
22    employing  persons required to file under item (f) of Section
23    4A-101 shall certify to the Secretary of State the names  and
24    mailing  addresses  of  those  persons,  and  (2)  the  chief
25    administrative  officer, or his or her designee, of each unit
26    of local government with persons described in items (h),  (i)
27    and  (k)  of  Section 4A-101 shall certify to the appropriate
28    county clerk  a  list  of  names  and  addresses  of  persons
29    described  in  items  (h), (i) and (k) of Section 4A-101 that
30    are required to file.  In preparing  the  lists,  each  chief
31    administrative officer, or his or her designee, shall set out
 
HB0038 Engrossed            -2-                LRB9100093MWpc
 1    the names in alphabetical order.
 2        On  or  before  February 1 annually, the secretary to the
 3    board of education  for  local  school  councils  established
 4    pursuant  to  Section 34-2.1 of the School Code shall certify
 5    to the county clerk the names and mailing addresses of  those
 6    persons described in item (l) of Section 4A-101.
 7        On  or  before  April  1 annually, the Secretary of State
 8    shall notify (1) all persons whose names have been  certified
 9    to  him under item (f) of Section 4A-101, and (2) all persons
10    described in items (a) through (e) and item  (j)  of  Section
11    4A-101, other than candidates for office who have filed their
12    statements   with   their   nominating   petitions,   of  the
13    requirements for filing statements of economic interests.
14        On or before April 1 annually, the county clerk  of  each
15    county  shall  notify  all  persons  whose  names  have  been
16    certified  to  him under items (g), (h), (i), (k), and (l) of
17    Section 4A-101, other than candidates  for  office  who  have
18    filed  their  statements  with their nominating petitions, of
19    the requirements for filing statements of economic interests.
20        Except as  provided  in  Section  4A-106.1,  the  notices
21    provided  for  in  this  Section  shall  be  in  writing  and
22    deposited  in  the U.S. Mail, properly addressed, first class
23    postage prepaid, on  or  before  the  day  required  by  this
24    Section for the sending of the notice. A certificate executed
25    by  the  Secretary of State or county clerk attesting that he
26    has mailed the notice has been mailed constitutes prima facie
27    evidence thereof.
28        From the lists certified to him  under  this  Section  of
29    persons  described  in  items  (g), (h), (i), (k), and (l) of
30    Section 4A-101, the clerk of each  county  shall  compile  an
31    alphabetical  listing  of persons required to file statements
32    of economic interests in his office under any of those items.
33    As the statements are filed in his office, the  county  clerk
34    shall  cause  the  fact of that filing to be indicated on the
 
HB0038 Engrossed            -3-                LRB9100093MWpc
 1    alphabetical listing of persons  who  are  required  to  file
 2    statements.  Within  30  days after the due dates, the county
 3    clerk shall mail to the State Board of Elections a true  copy
 4    of that listing showing those who have filed statements.
 5        The  county  clerk  of  each  county  shall note upon the
 6    alphabetical listing the names of  all  persons  required  to
 7    file  a  statement of economic interests who failed to file a
 8    statement on or before May 1.  It shall be the  duty  of  the
 9    several  county  clerks to give notice as provided in Section
10    4A-105 to any person who  has  failed  to  file  his  or  her
11    statement with the clerk on or before May 1.
12        Any person who files or has filed a statement of economic
13    interest  under  this  Act  is  entitled  to receive from the
14    Secretary of State or county clerk, as the  case  may  be,  a
15    receipt   indicating   that  the  person  has  filed  such  a
16    statement, the date of such filing, and the identity  of  the
17    governmental   unit  in  relation  to  which  the  filing  is
18    required.
19        The Secretary of State  may  employ  such  employees  and
20    consultants as he considers necessary to carry out his duties
21    hereunder,   and   may  prescribe  their  duties,  fix  their
22    compensation,  and  provide  for   reimbursement   of   their
23    expenses.
24        All  statements  of  economic  interests filed under this
25    Section shall be available for examination and copying by the
26    public at all reasonable times.
27        The Secretary may, by rule, allow for the optional filing
28    of statements of economic interest in an  electronic  format.
29    No later than June 1, 2001, the Secretary shall promptly make
30    all  disclosures  required  to be filed under this Section by
31    candidates for election to the General Assembly  and  members
32    of  the  General  Assembly  and  candidates  for  and persons
33    holding  the  offices  of  Governor,   Lieutenant   Governor,
34    Attorney  General, Secretary of State, State Comptroller, and
 
HB0038 Engrossed            -4-                LRB9100093MWpc
 1    State Treasurer publicly available by means of  a  searchable
 2    database  that is accessible through the World Wide Web. Each
 3    person examining a statement  must  first  fill  out  a  form
 4    prepared  by  the Secretary of State identifying the examiner
 5    by  name,  occupation,  address  and  telephone  number,  and
 6    listing  the  date  of  examination  and  reason   for   such
 7    examination.   The Secretary of State shall supply such forms
 8    to the county clerks annually and replenish such  forms  upon
 9    request.
10        The  Secretary  of State or county clerk, as the case may
11    be, shall promptly notify each  person  required  to  file  a
12    statement   under   this  Article  of  each  instance  of  an
13    examination of his  statement  by  sending  him  a  duplicate
14    original  of the identification form filled out by the person
15    examining his statement.
16    (Source: P.A. 88-187; 88-511; 88-605,  eff.  9-1-94;  89-433,
17    eff. 12-15-95.)

18        Section  10.  The Lobbyist Registration Act is amended by
19    adding Section 5.5 as follows:

20        (25 ILCS 170/5.5 new)
21        Sec. 5.5.  Electronic  filing.   The  Secretary  may,  by
22    rule,  allow  for the optional filing of the reports required
23    by this Act in an electronic format.  Other than the pictures
24    required by subsection (d) of Section 5, the Secretary  must,
25    no  later than June 1, 2001, make all information required by
26    Sections 5 and 6 publicly available by means of a  searchable
27    database that is accessible through the World Wide Web.

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

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