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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
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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
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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:
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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.".