State of Illinois
91st General Assembly
Legislation

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91_HB0038ham001

 










                                             LRB9100093MWpcam

 1                     AMENDMENT TO HOUSE BILL 38

 2        AMENDMENT NO.     .  Amend House Bill 38 by replacing the
 3    title with the following:
 4        "AN ACT concerning ethics, amending named Acts."; and

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

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

 9        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
10        Sec.  4A-106.   The  statements  of  economic   interests
11    required  of persons listed in items (a) through (f) and item
12    (j) of Section 4A-101 shall be filed with  the  Secretary  of
13    State.   The  statements  of  economic  interests required of
14    persons listed in items  (g),  (h),  (i),  (k),  and  (l)  of
15    Section  4A-101  shall  be filed with the county clerk of the
16    county in which the principal office of  the  unit  of  local
17    government  with  which  the person is associated is located.
18    If it is not apparent which county the principal office of  a
19    unit of local government is located, the chief administrative
20    officer,  or  his  or  her  designee,  has the authority, for
21    purposes of this Act, to determine the county  in  which  the
 
                            -2-              LRB9100093MWpcam
 1    principal  office  is  located.   On  or  before  February  1
 2    annually,  (1)  the chief administrative officer of any State
 3    agency in the  executive,  legislative,  or  judicial  branch
 4    employing  persons required to file under item (f) of Section
 5    4A-101 shall certify to the Secretary of State the names  and
 6    mailing  addresses  of  those  persons,  and  (2)  the  chief
 7    administrative  officer, or his or her designee, of each unit
 8    of local government with persons described in items (h),  (i)
 9    and  (k)  of  Section 4A-101 shall certify to the appropriate
10    county clerk  a  list  of  names  and  addresses  of  persons
11    described  in  items  (h), (i) and (k) of Section 4A-101 that
12    are required to file.  In preparing  the  lists,  each  chief
13    administrative officer, or his or her designee, shall set out
14    the names in alphabetical order.
15        On  or  before  February 1 annually, the secretary to the
16    board of education  for  local  school  councils  established
17    pursuant  to  Section 34-2.1 of the School Code shall certify
18    to the county clerk the names and mailing addresses of  those
19    persons described in item (l) of Section 4A-101.
20        On  or  before  April  1 annually, the Secretary of State
21    shall notify (1) all persons whose names have been  certified
22    to  him under item (f) of Section 4A-101, and (2) all persons
23    described in items (a) through (e) and item  (j)  of  Section
24    4A-101, other than candidates for office who have filed their
25    statements   with   their   nominating   petitions,   of  the
26    requirements for filing statements of economic interests.
27        On or before April 1 annually, the county clerk  of  each
28    county  shall  notify  all  persons  whose  names  have  been
29    certified  to  him under items (g), (h), (i), (k), and (l) of
30    Section 4A-101, other than candidates  for  office  who  have
31    filed  their  statements  with their nominating petitions, of
32    the requirements for filing statements of economic interests.
33        Except as  provided  in  Section  4A-106.1,  the  notices
34    provided  for  in  this  Section  shall  be  in  writing  and
 
                            -3-              LRB9100093MWpcam
 1    deposited  in  the U.S. Mail, properly addressed, first class
 2    postage prepaid, on  or  before  the  day  required  by  this
 3    Section for the sending of the notice. A certificate executed
 4    by  the  Secretary of State or county clerk attesting that he
 5    has mailed the notice has been mailed constitutes prima facie
 6    evidence thereof.
 7        From the lists certified to him  under  this  Section  of
 8    persons  described  in  items  (g), (h), (i), (k), and (l) of
 9    Section 4A-101, the clerk of each  county  shall  compile  an
10    alphabetical  listing  of persons required to file statements
11    of economic interests in his office under any of those items.
12    As the statements are filed in his office, the  county  clerk
13    shall  cause  the  fact of that filing to be indicated on the
14    alphabetical listing of persons  who  are  required  to  file
15    statements.  Within  30  days after the due dates, the county
16    clerk shall mail to the State Board of Elections a true  copy
17    of that listing showing those who have filed statements.
18        The  county  clerk  of  each  county  shall note upon the
19    alphabetical listing the names of  all  persons  required  to
20    file  a  statement of economic interests who failed to file a
21    statement on or before May 1.  It shall be the  duty  of  the
22    several  county  clerks to give notice as provided in Section
23    4A-105 to any person who  has  failed  to  file  his  or  her
24    statement with the clerk on or before May 1.
25        Any person who files or has filed a statement of economic
26    interest  under  this  Act  is  entitled  to receive from the
27    Secretary of State or county clerk, as the  case  may  be,  a
28    receipt   indicating   that  the  person  has  filed  such  a
29    statement, the date of such filing, and the identity  of  the
30    governmental   unit  in  relation  to  which  the  filing  is
31    required.
32        The Secretary of State  may  employ  such  employees  and
33    consultants as he considers necessary to carry out his duties
34    hereunder,   and   may  prescribe  their  duties,  fix  their
 
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 1    compensation,  and  provide  for   reimbursement   of   their
 2    expenses.
 3        All  statements  of  economic  interests filed under this
 4    Section shall be available for examination and copying by the
 5    public at all reasonable times.
 6        The Secretary may, by rule, allow for the optional filing
 7    of statements of economic interest in an  electronic  format.
 8    No later than June 1, 2001, the Secretary shall promptly make
 9    all  disclosures  required  to be filed under this Section by
10    candidates for election to the General Assembly  and  members
11    of  the  General  Assembly  and  candidates  for  and persons
12    holding  the  offices  of  Governor,   Lieutenant   Governor,
13    Attorney  General, Secretary of State, State Comptroller, and
14    State Treasurer publicly available by means of  a  searchable
15    database  that is accessible through the World Wide Web. Each
16    person examining a statement  must  first  fill  out  a  form
17    prepared  by  the Secretary of State identifying the examiner
18    by  name,  occupation,  address  and  telephone  number,  and
19    listing  the  date  of  examination  and  reason   for   such
20    examination.   The Secretary of State shall supply such forms
21    to the county clerks annually and replenish such  forms  upon
22    request.
23        The  Secretary  of State or county clerk, as the case may
24    be, shall promptly notify each  person  required  to  file  a
25    statement   under   this  Article  of  each  instance  of  an
26    examination of his  statement  by  sending  him  a  duplicate
27    original  of the identification form filled out by the person
28    examining his statement.
29    (Source: P.A. 88-187; 88-511; 88-605,  eff.  9-1-94;  89-433,
30    eff. 12-15-95.)

31        Section  10.  The Lobbyist Registration Act is amended by
32    adding Section 5.5 as follows:
 
                            -5-              LRB9100093MWpcam
 1        (25 ILCS 170/5.5 new)
 2        Sec. 5.5.  Electronic  filing.   The  Secretary  may,  by
 3    rule,  allow  for the optional filing of the reports required
 4    by this Act in an electronic format.  Other than the pictures
 5    required by subsection (d) of Section 5, the Secretary  must,
 6    no  later than June 1, 2001, make all information required by
 7    Sections 5 and 6 publicly available by means of a  searchable
 8    database that is accessible through the World Wide Web.

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

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