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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 thathe26has mailedthe 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.Each3person examining a statement must first fill out a form4prepared by the Secretary of State identifying the examiner5by name, occupation, address and telephone number, and6listing the date of examination and reason for such7examination. The Secretary of State shall supply such forms8to the county clerks annually and replenish such forms upon9request.10The Secretary of State or county clerk, as the case may11be, shall promptly notify each person required to file a12statement under this Article of each instance of an13examination of his statement by sending him a duplicate14original of the identification form filled out by the person15examining 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.