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90_HB3742
5 ILCS 420/4A-106 from Ch. 127, par. 604A-106
Amends the Illinois Governmental Ethics Act. Removes
requirements that persons examining statements of economic
interests disclose their identity and that persons having
filed statements of economic interests be notified of
examination. Effective immediately.
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1 AN ACT to amend the Illinois Governmental Ethics Act by
2 changing Section 4A-106.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Governmental Ethics Act is
6 amended by changing Section 4A-106 as follows:
7 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
8 Sec. 4A-106. The statements of economic interests
9 required of persons listed in items (a) through (f) and item
10 (j) of Section 4A-101 shall be filed with the Secretary of
11 State. The statements of economic interests required of
12 persons listed in items (g), (h), (i), (k), and (l) of
13 Section 4A-101 shall be filed with the county clerk of the
14 county in which the principal office of the unit of local
15 government with which the person is associated is located.
16 If it is not apparent which county the principal office of a
17 unit of local government is located, the chief administrative
18 officer, or his or her designee, has the authority, for
19 purposes of this Act, to determine the county in which the
20 principal office is located. On or before February 1
21 annually, (1) the chief administrative officer of any State
22 agency in the executive, legislative, or judicial branch
23 employing persons required to file under item (f) of Section
24 4A-101 shall certify to the Secretary of State the names and
25 mailing addresses of those persons, and (2) the chief
26 administrative officer, or his or her designee, of each unit
27 of local government with persons described in items (h), (i)
28 and (k) of Section 4A-101 shall certify to the appropriate
29 county clerk a list of names and addresses of persons
30 described in items (h), (i) and (k) of Section 4A-101 that
31 are required to file. In preparing the lists, each chief
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1 administrative officer, or his or her designee, shall set out
2 the names in alphabetical order.
3 On or before February 1 annually, the secretary to the
4 board of education for local school councils established
5 pursuant to Section 34-2.1 of the School Code shall certify
6 to the county clerk the names and mailing addresses of those
7 persons described in item (l) of Section 4A-101.
8 On or before April 1 annually, the Secretary of State
9 shall notify (1) all persons whose names have been certified
10 to him under item (f) of Section 4A-101, and (2) all persons
11 described in items (a) through (e) and item (j) of Section
12 4A-101, other than candidates for office who have filed their
13 statements with their nominating petitions, of the
14 requirements for filing statements of economic interests.
15 On or before April 1 annually, the county clerk of each
16 county shall notify all persons whose names have been
17 certified to him under items (g), (h), (i), (k), and (l) of
18 Section 4A-101, other than candidates for office who have
19 filed their statements with their nominating petitions, of
20 the requirements for filing statements of economic interests.
21 Except as provided in Section 4A-106.1, the notices
22 provided for in this Section shall be in writing and
23 deposited in the U.S. Mail, properly addressed, first class
24 postage prepaid, on or before the day required by this
25 Section for the sending of the notice. A certificate executed
26 by the Secretary of State or county clerk attesting that he
27 has mailed the notice constitutes prima facie evidence
28 thereof.
29 From the lists certified to him under this Section of
30 persons described in items (g), (h), (i), (k), and (l) of
31 Section 4A-101, the clerk of each county shall compile an
32 alphabetical listing of persons required to file statements
33 of economic interests in his office under any of those items.
34 As the statements are filed in his office, the county clerk
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1 shall cause the fact of that filing to be indicated on the
2 alphabetical listing of persons who are required to file
3 statements. Within 30 days after the due dates, the county
4 clerk shall mail to the State Board of Elections a true copy
5 of that listing showing those who have filed statements.
6 The county clerk of each county shall note upon the
7 alphabetical listing the names of all persons required to
8 file a statement of economic interests who failed to file a
9 statement on or before May 1. It shall be the duty of the
10 several county clerks to give notice as provided in Section
11 4A-105 to any person who has failed to file his or her
12 statement with the clerk on or before May 1.
13 Any person who files or has filed a statement of economic
14 interest under this Act is entitled to receive from the
15 Secretary of State or county clerk, as the case may be, a
16 receipt indicating that the person has filed such a
17 statement, the date of such filing, and the identity of the
18 governmental unit in relation to which the filing is
19 required.
20 The Secretary of State may employ such employees and
21 consultants as he considers necessary to carry out his duties
22 hereunder, and may prescribe their duties, fix their
23 compensation, and provide for reimbursement of their
24 expenses.
25 All statements of economic interests filed under this
26 Section shall be available for examination and copying by the
27 public at all reasonable times. Each person examining a
28 statement must first fill out a form prepared by the
29 Secretary of State identifying the examiner by name,
30 occupation, address and telephone number, and listing the
31 date of examination and reason for such examination. The
32 Secretary of State shall supply such forms to the county
33 clerks annually and replenish such forms upon request.
34 The Secretary of State or county clerk, as the case may
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1 be, shall promptly notify each person required to file a
2 statement under this Article of each instance of an
3 examination of his statement by sending him a duplicate
4 original of the identification form filled out by the person
5 examining his statement.
6 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433,
7 eff. 12-15-95.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.