Public Act 094-0603
 		





HB2455 Enrolled
LRB094 10379 JAM 40649 b






    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Governmental Ethics Act is amended  
by changing Section 4A-106  as follows:
 
    (5 ILCS 420/4A-106)  (from Ch. 127, par. 604A-106)

    Sec. 4A-106. The statements of economic interests required 
of persons
listed in items (a) through (f), item (j), and item 
(l) of
Section 4A-101 shall be
filed with the Secretary of 
State.  The statements of economic interests
required of persons 
listed in items (g), (h), (i), and (k) of
Section
4A-101 shall 
be filed with the county clerk of the county in which the

principal office of the unit of local government with which the 
person is
associated is located.  If it is not apparent which 
county the principal office
of a unit of local government is 
located, the chief administrative officer, or
his or her 
designee, has the authority, for purposes of this Act, to 
determine
the county in which the principal office is located.  
On or before February 1
annually, (1) the chief administrative 
officer of any State agency in the
executive, legislative, or 
judicial branch employing persons required to file
under item 
(f) or item (l) of Section
4A-101 shall certify to the 
Secretary of State the names and mailing addresses
of those 
persons, and (2) the chief administrative officer, or his or 
her
designee, of each unit of local government with persons 
described in items (h),
(i) and (k) of Section 4A-101 shall 
certify to the appropriate county clerk a
list of names and 
addresses of persons described in items (h), (i)
and (k) of

Section 4A-101 that are required to file.  In preparing the 
lists, each chief
administrative officer, or his or her 
designee, shall set out the names in
alphabetical order.


    On or before April 1 annually, the Secretary of State shall 
notify (1)
all persons whose names have been certified to him 
under items (f)
and (l) of
Section 4A-101, and (2) all persons 
described in items (a) through (e) and
item (j) of Section 
4A-101, other than candidates for office who have filed
their 
statements with their nominating petitions, of the 
requirements for
filing statements of economic interests.
A 
person required to file with the Secretary of State by virtue 
of more than
one item among items (a) through (f) and items (j) 
and (l)
shall be notified of and is
required
to file only one 
statement of economic interests relating to all items under

which the person is required to file with the Secretary of 
State.


    On or before April 1 annually, the county clerk of each 
county shall
notify all persons whose names have been certified 
to him under items (g),
(h), (i), and (k) of Section 4A-101, 
other than candidates
for office who have filed their 
statements with their nominating petitions, of
the 
requirements for filing statements of economic interests.
A 
person required to file with a county clerk by virtue of more 
than one item
among items (g), (h), (i), and (k) shall be 
notified of and is
required to
file only one statement of 
economic interests relating to all items under which
the person 
is required to file with that county clerk.


    Except as provided in Section 4A-106.1, the notices 
provided for in this
Section shall be in writing and deposited 
in
the U.S. Mail, properly addressed, first class postage 
prepaid, on or before
the day required by this Section for the 
sending of the notice. A certificate
executed by the Secretary 
of State or county clerk attesting that he has mailed
the 
notice constitutes prima facie evidence thereof.


    From the lists certified to him under this Section of 
persons described in
items (g), (h), (i), and (k) of Section 
4A-101, the clerk
of each county shall
compile an alphabetical 
listing of persons required to file statements of
economic 
interests in his office under any of those items.  As the

statements are filed in his office, the county clerk shall 
cause the fact
of that filing to be indicated on the 
alphabetical listing of persons who
are required to file 
statements. Within 30 days after the due dates, the county

clerk shall mail to the State Board of Elections a true copy of 
that listing
showing those who have filed statements.


    The county clerk of each county shall note upon the 
alphabetical listing
the names of all persons required to file 
a statement of economic interests
who failed to file a 
statement on or before May 1.  It shall be the duty of
the 
several county clerks to give notice as provided in Section 
4A-105 to
any person who has failed to file his or her 
statement with the clerk on or
before May 1.


    Any person who files or has filed a statement of economic 
interest
under this Act is entitled to receive from the 
Secretary of State or county
clerk, as the case may be, a 
receipt indicating that the person has filed
such a statement, 
the date of such filing, and the identity of the
governmental 
unit or units in relation to which the filing is required.


    The Secretary of State may employ such employees and 
consultants
as he considers necessary to carry out his duties 
hereunder, and may
prescribe their duties, fix their 
compensation, and provide for
reimbursement of their expenses.


    All statements of economic interests filed under this 
Section shall be
available for examination and copying by the 
public at all reasonable times.
Not later than 12 months after 
the effective date of this amendatory Act of
the 93rd General 
Assembly, beginning with statements filed in calendar year

2004, the Secretary of State shall make statements of economic 
interests filed
with the Secretary available for inspection and 
copying via the Secretary's
website. Each person examining a 
statement filed with the county clerk
must first fill
out a 
form prepared by the
Secretary of State identifying the 
examiner by name, occupation, address
and telephone number, and 
listing the date of examination and reason for such

examination.  The Secretary of State shall supply such forms to 
the county
clerks annually and replenish such forms upon 
request.

    The county clerk shall
promptly notify each person required 
to file a statement under this
Article of each instance of an 
examination of his statement by sending
him a duplicate 
original of the identification form filled out by the
person 
examining his statement.

(Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.