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91_SB1009ham003 LRB9105625DHmgam03 1 AMENDMENT TO SENATE BILL 1009 2 AMENDMENT NO. . Amend Senate Bill 1009, AS AMENDED, 3 as follows: 4 by replacing everything after the enacting clause with the 5 following: 6 "Section 5. The Illinois Governmental Ethics Act is 7 amended by changing Section 4A-106 as follows: 8 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106) 9 Sec. 4A-106. The statements of economic interests 10 required of persons listed in items (a) through (f) and item 11 (j) of Section 4A-101 shall be filed with the Secretary of 12 State. The statements of economic interests required of 13 persons listed in items (g), (h), (i), (k), and (l) of 14 Section 4A-101 shall be filed with the county clerk of the 15 county in which the principal office of the unit of local 16 government with which the person is associated is located. 17 If it is not apparent which county the principal office of a 18 unit of local government is located, the chief administrative 19 officer, or his or her designee, has the authority, for 20 purposes of this Act, to determine the county in which the 21 principal office is located. On or before February 1 -2- LRB9105625DHmgam03 1 annually, (1) the chief administrative officer of any State 2 agency in the executive, legislative, or judicial branch 3 employing persons required to file under item (f) of Section 4 4A-101 shall certify to the Secretary of State the names and 5 mailing addresses of those persons, and (2) the chief 6 administrative officer, or his or her designee, of each unit 7 of local government with persons described in items (h), (i) 8 and (k) of Section 4A-101 shall certify to the appropriate 9 county clerk a list of names and addresses of persons 10 described in items (h), (i) and (k) of Section 4A-101 that 11 are required to file. In preparing the lists, each chief 12 administrative officer, or his or her designee, shall set out 13 the names in alphabetical order. 14 On or before February 1 annually, the secretary to the 15 board of education for local school councils established 16 pursuant to Section 34-2.1 of the School Code shall certify 17 to the county clerk the names and mailing addresses of those 18 persons described in item (l) of Section 4A-101. 19 On or before April 1 annually, the Secretary of State 20 shall notify (1) all persons whose names have been certified 21 to him under item (f) of Section 4A-101, and (2) all persons 22 described in items (a) through (e) and item (j) of Section 23 4A-101, other than candidates for office who have filed their 24 statements with their nominating petitions, of the 25 requirements for filing statements of economic interests. 26 On or before April 1 annually, the county clerk of each 27 county shall notify all persons whose names have been 28 certified to him under items (g), (h), (i), (k), and (l) of 29 Section 4A-101, other than candidates for office who have 30 filed their statements with their nominating petitions, of 31 the requirements for filing statements of economic interests. 32 Except as provided in Section 4A-106.1, the notices 33 provided for in this Section shall be in writing and 34 deposited in the U.S. Mail, properly addressed, first class -3- LRB9105625DHmgam03 1 postage prepaid, on or before the day required by this 2 Section for the sending of the notice. A certificate executed 3 by the Secretary of State or county clerk attesting thathe4has mailedthe notice has been mailed constitutes prima facie 5 evidence thereof. 6 From the lists certified to him under this Section of 7 persons described in items (g), (h), (i), (k), and (l) of 8 Section 4A-101, the clerk of each county shall compile an 9 alphabetical listing of persons required to file statements 10 of economic interests in his office under any of those items. 11 As the statements are filed in his office, the county clerk 12 shall cause the fact of that filing to be indicated on the 13 alphabetical listing of persons who are required to file 14 statements. Within 30 days after the due dates, the county 15 clerk shall mail to the State Board of Elections a true copy 16 of that listing showing those who have filed statements. 17 The county clerk of each county shall note upon the 18 alphabetical listing the names of all persons required to 19 file a statement of economic interests who failed to file a 20 statement on or before May 1. It shall be the duty of the 21 several county clerks to give notice as provided in Section 22 4A-105 to any person who has failed to file his or her 23 statement with the clerk on or before May 1. 24 Any person who files or has filed a statement of economic 25 interest under this Act is entitled to receive from the 26 Secretary of State or county clerk, as the case may be, a 27 receipt indicating that the person has filed such a 28 statement, the date of such filing, and the identity of the 29 governmental unit in relation to which the filing is 30 required. 31 The Secretary of State may employ such employees and 32 consultants as he considers necessary to carry out his duties 33 hereunder, and may prescribe their duties, fix their 34 compensation, and provide for reimbursement of their -4- LRB9105625DHmgam03 1 expenses. 2 All statements of economic interests filed under this 3 Section shall be available for examination and copying by the 4 public at all reasonable times. 5 The Secretary may, by rule, allow for the optional filing 6 of statements of economic interest in an electronic format. 7 No later than June 1, 2001, the Secretary shall promptly make 8 all disclosures required to be filed under this Section by 9 candidates for election to the General Assembly and members 10 of the General Assembly and candidates for and persons 11 holding the offices of Governor, Lieutenant Governor, 12 Attorney General, Secretary of State, State Comptroller, and 13 State Treasurer publicly available by means of a searchable 14 database that is accessible through the World Wide Web. No 15 later than June 1, 2002, the Secretary shall, by rule, make 16 publicly available by means of a searchable database that is 17 accessible through the World Wide Web all other statements of 18 economic interest required to be filed with the Secretary of 19 State.Each person examining a statement must first fill20out a form prepared by the Secretary of State identifying the21examiner by name, occupation, address and telephone number,22and listing the date of examination and reason for such23examination. The Secretary of State shall supply such forms24to the county clerks annually and replenish such forms upon25request.26The Secretary of State or county clerk, as the case may27be, shall promptly notify each person required to file a28statement under this Article of each instance of an29examination of his statement by sending him a duplicate30original of the identification form filled out by the person31examining his statement.32 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433, 33 eff. 12-15-95.) -5- LRB9105625DHmgam03 1 Section 10. The Lobbyist Registration Act is amended by 2 adding Section 5.5 as follows: 3 (25 ILCS 170/5.5 new) 4 Sec. 5.5. Electronic filing. The Secretary may, by 5 rule, allow for the optional filing of the reports required 6 by this Act in an electronic format. Other than the pictures 7 required by subsection (d) of Section 5, the Secretary must, 8 no later than June 1, 2001, make all information required by 9 Sections 5 and 6 publicly available by means of a searchable 10 database that is accessible through the World Wide Web. 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.".