State of Illinois
90th General Assembly
Legislation

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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.
                                                     LRB9011264JMmb
                                               LRB9011264JMmb
 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
                            -2-                LRB9011264JMmb
 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
                            -3-                LRB9011264JMmb
 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
                            -4-                LRB9011264JMmb
 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.

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