093_SB2001sam001
SDS093 00012 CCN 00012 a
1 AMENDMENT TO SENATE BILL 2001
2 AMENDMENT NO. . Amend Senate Bill 2001 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Governmental Ethics Act is
5 amended by adding Section 4A-100 and changing Sections
6 4A-102, 4A-103, 4A-104, and 4A-106 as follows:
7 (5 ILCS 420/4A-100) (New)
8 420/4A-100. Definitions
9 Sec. 4A-100. As used in this Act:
10 (a) "Creditor" means a person or entity engaged in the
11 business of lending money or extending credit, or any other
12 person or entity that has loaned money or extended credit.
13 (b) "Immediate family member" means a spouse, parent,
14 brother, sister, or child of the reporting individual.
15 (c) "Gift" means any gratuity, discount, entertainment,
16 hospitality, loan, forbearance, or other tangible or
17 intangible item having monetary value including, but not
18 limited to, cash, food and drink, and honoraria for speaking
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1 engagements related to or attributable to government
2 employment or the official position of an employee, member,
3 officer, or judge.
4 (d) "Income" means income derived from any source,
5 including but not limited to the following: (i) compensation
6 for services, including fees, commissions, and similar items;
7 (ii) gross income derived from business (and net income if
8 the person elects to include it); (iii) gains received from
9 dealings in property; (iv) interest; (v) rents; (vi)
10 royalties; (vii) dividends; (viii) annuities; (ix) income
11 from life insurance and endowment contracts; (x) pensions;
12 (xi) income from discharge of indebtedness; (xii)
13 distributive share of partnership income; and (xiii) income
14 from an interest in an estate or trust.
15 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
16 Sec. 4A-102. The statement of economic interests
17 required by this Article shall include the economic interests
18 of the person making the statement as provided in this
19 Section. The interest (if constructively controlled by the
20 person making the statement) of a spouse or any other
21 immediate family member party, shall be considered to be the
22 same as the interest of the person making the statement.
23 Campaign receipts shall not be included in this statement.
24 (a) The following interests shall be listed by all
25 persons required to file:
26 (1) The source, type, and amount or value of income
27 (other than income referred in subparagraph (2)) from any
28 source other than from current employment by the State of
29 Illinois.
30 (2) The source and type of income which consists of
31 income from dividends, rents, interest, trusts, and
32 capital gains, received during the preceding calendar
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1 year which exceeds $200 in amount or value, and an
2 indication of which of the following categories the
3 amount or value of such item of income is within:
4 (i) not more than $1,000,
5 (ii) greater than $1,000 but not more than
6 $2,500,
7 (iii) greater than $2,500 but not more than
8 $5,000,
9 (iv) greater than $5,000 but not more than
10 $15,000,
11 (v) greater than $15,000 but not more than
12 $50,000,
13 (vi) greater than $50,000 but not more than
14 $100,000,
15 (vii) greater than $100,000 but not more than
16 $1,000,000,
17 (viii) greater than $1,000,000 but not more
18 than $5,000,000, or
19 (ix) greater than $5,000,000.
20 (3) The source, date, and amount of payments made
21 to charitable organizations in lieu of honoraria with a
22 corresponding list of recipients of all such payments,
23 together with the dates and amounts of such payments.
24 (4) The identity and category of value of any
25 interest in property held during the preceding calendar
26 year in a trade or business or for investment or
27 production of income, if the property has a fair market
28 value in excess of $1,000 at the close of the preceding
29 calendar year. This item does not include any personal
30 liability owed (i) to the person filing the statement by
31 his or her spouse, parent, brother, sister, or child or
32 (ii) to the spouse of the person filing the statement.
33 This item also does not include deposits aggregating
34 $5,000 or less in a personal savings account, including
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1 certificates of deposit and any other form of deposit in
2 a bank, savings and loan association, credit union, or
3 similar financial institution.
4 (5) The identity and category of value of the total
5 liabilities in excess of $5,000 owed at any time during
6 the preceding calendar year to any creditor other than
7 (i) the spouse, parent, brother, sister, or child of the
8 person filing the statement or (ii) the parent, brother,
9 sister, or child of the spouse of the person filing the
10 statement. This item does not include:
11 (A) Any mortgage secured by real property that
12 is a personal residence of the person filing the
13 statement.
14 (B) Any loan secured by a personal motor
15 vehicle, household furniture, or appliances, if the
16 loan does not exceed the purchase price of the item
17 or items that secure it.
18 With regard to revolving charge accounts, the person
19 filing the statement need report only those outstanding
20 liabilities in excess of $10,000 at the close of the
21 preceding calendar year.
22 (6) A brief description, the date, and the category
23 of value of any purchase, sale, or exchange in excess of
24 $1,000 during the preceding calendar year of (i) real
25 property other than real property used solely for a
26 personal residence of the person filing the statement or
27 his or her spouse or (ii) stocks, bonds, commodity
28 futures, and other forms of securities. This item does
29 not apply to transactions solely by and between the
30 person filing the statement, his or her spouse, and his
31 or her dependent children.
32 (7) The identity of all positions held during the
33 preceding calendar year as an officer, director, trustee,
34 partner, proprietor, representative, employee, or
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1 consultant of any corporation, company, firm,
2 partnership, other business enterprise, non-profit
3 organization, labor organization, or educational or other
4 institution of the State, a unit of government, a school
5 district, or the United states. This item does not apply
6 to positions in religious, social, fraternal, or
7 political organizations or positions of a solely honorary
8 nature.
9 (8) The date of, the parties to, and a description
10 of the terms of any agreement or arrangement with respect
11 to (i) future employment; (ii) a leave of absence from
12 the unit of government in relation to which the person is
13 required to file the statement; (iii) contributions or
14 payments by a former employer other than the unit of
15 government in relation to which the person is required
16 to file the statement; and (iv) continuing participation
17 in an employee welfare or benefit plan with a former
18 employer.
19 (9) The source, date, and amount of honoraria
20 aggregating $200 or more during the preceding calendar
21 year.
22 (10) The source, date, and amount or value of any
23 gift or gifts valued singularly or in the aggregate in
24 excess of $500 during the preceding calendar year to the
25 person filing the statement, his or her spouse, or an
26 immediate family member of the person filing the
27 statement if the gift:
28 (A) Is from a prohibited source as defined by
29 the State Gift Ban Act and is within any of the
30 following captioned items listed in Section 15 of
31 that Act, regardless of whether the person filing
32 the statement is otherwise subject to the State Gift
33 Ban Act: item purchased or disposed of; defense fund
34 contribution; competitive award; honorary degree;
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1 educational mission; golf; and tennis.
2 A gift that is listed under a different item of
3 interest in this subsection need not be listed as a gift.
4 The name, address and type of practice of any
5 professional organization or individual professional
6 practice in which the person making the statement was an
7 officer, director, associate, partner or proprietor, or
8 served in any advisory capacity, from which income in
9 excess of $1200 was derived during the preceding calendar
10 year;
11 (2) The nature of professional services (other than
12 services rendered to the unit or units of government in
13 relation to which the person is required to file) and the
14 nature of the entity to which they were rendered if fees
15 exceeding $5,000 were received during the preceding
16 calendar year from the entity for professional services
17 rendered by the person making the statement.
18 (3) The identity (including the address or legal
19 description of real estate) of any capital asset from
20 which a capital gain of $5,000 or more was realized in
21 the preceding calendar year.
22 (11) (4) The name of any unit of government which
23 has employed the person making the statement during the
24 preceding calendar year other than the unit or units of
25 government in relation to which the person is required to
26 file.
27 (5) The name of any entity from which a gift or
28 gifts, or honorarium or honoraria, valued singly or in
29 the aggregate in excess of $500, was received during the
30 preceding calendar year.
31 (b) The following interests shall also be listed by
32 persons listed in items (a) through (f) of Section 4A-101:
33 (1) The name and instrument of ownership in any
34 entity doing business in the State of Illinois, in which
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1 an ownership interest held by the person at the date of
2 filing is in excess of $5,000 fair market value or from
3 which dividends of in excess of $1,200 were derived
4 during the preceding calendar year. (In the case of real
5 estate, location thereof shall be listed by street
6 address, or if none, then by legal description). No time
7 or demand deposit in a financial institution, nor any
8 debt instrument need be listed;
9 (2) Except for professional service entities, the
10 name of any entity and any position held therein from
11 which income of in excess of $1,200 was derived during
12 the preceding calendar year, if the entity does business
13 in the State of Illinois. No time or demand deposit in a
14 financial institution, nor any debt instrument need be
15 listed.
16 (3) The identity of any compensated lobbyist with
17 whom the person making the statement maintains a close
18 economic or personal relationship association, including
19 the name of the lobbyist and specifying the legislative
20 matter or matters which are the object of the lobbying
21 activity, and describing the general type of economic
22 activity of the client or principal on whose behalf that
23 person is lobbying.
24 (c) The following interests shall also be listed by
25 persons listed in items (g), (h), (i), and (l) of Section
26 4A-101:
27 (1) The name and instrument of ownership in any
28 entity doing business with a unit of local government in
29 relation to which the person is required to file if the
30 ownership interest of the person filing is greater than
31 $5,000 fair market value as of the date of filing or if
32 dividends in excess of $1,200 were received from the
33 entity during the preceding calendar year. (In the case
34 of real estate, location thereof shall be listed by
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1 street address, or if none, then by legal description).
2 No time or demand deposit in a financial institution, nor
3 any debt instrument need be listed.
4 (2) Except for professional service entities, the
5 name of any entity and any position held therein from
6 which income in excess of $1,200 was derived during the
7 preceding calendar year if the entity does business with
8 a unit of local government in relation to which the
9 person is required to file. No time or demand deposit in
10 a financial institution, nor any debt instrument need be
11 listed.
12 (3) The name of any entity and the nature of the
13 governmental action requested by any entity which has
14 applied to a unit of local government in relation to
15 which the person must file for any license, franchise or
16 permit for annexation, zoning or rezoning of real estate
17 during the preceding calendar year if the ownership
18 interest of the person filing is in excess of $5,000 fair
19 market value at the time of filing or if income or
20 dividends in excess of $1,200 were received by the person
21 filing from the entity during the preceding calendar
22 year.
23 (Source: P.A. 92-101, eff. 1-1-02.)
24 (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
25 Sec. 4A-103. The statement of economic interests required
26 by this Article to be filed with the Secretary of State shall
27 be filled in by typewriting or hand printing, shall be
28 verified, dated, and signed by the person making the
29 statement on a form prescribed by the Secretary of State that
30 shall substantially replicate the design of the 2002 Public
31 Financial Disclosure Report forms employed by the United
32 States Congress for purposes of complying with the Ethics in
33 Government Act of 1978.
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1 STATEMENT OF ECONOMIC INTEREST
2 (TYPE OR HAND PRINT)
3 .............................................................
4 (name)
5 .............................................................
6 (each office or position of employment for which this
7 statement is filed)
8 .............................................................
9 (full post office address to which notification of an
10 examination of this statement should be sent)
11 GENERAL DIRECTIONS:
12 The interest (if constructively controlled by the person
13 making the statement) of a spouse or any other party, shall
14 be considered to be the same as the interest of the person
15 making the statement.
16 Campaign receipts shall not be included in this
17 statement.
18 If additional space is needed, please attach supplemental
19 listing.
20 The name, address and type of practice of any
21 professional organization or individual professional practice
22 in which the person making the statement was an officer,
23 director, associate, partner or proprietor, or served in any
24 advisory capacity, from which income in excess of $1200 was
25 derived during the preceding calendar year; List the name and
26 instrument of ownership in any entity doing business in the
27 State of Illinois, in which the ownership interest held by
28 the person at the date of filing is in excess of $5,000 fair
29 market value or from which dividends in excess of $1,200 were
30 derived during the preceding calendar year. (In the case of
31 real estate, location thereof shall be listed by street
32 address, or if none, then by legal description.) No time or
33 demand deposit in a financial institution, nor any debt
34 instrument need be listed.
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1 Business Entity Instrument of Ownership
2 .............................. ..............................
3 .............................. ..............................
4 .............................. ..............................
5 .............................. ..............................
6 2. List the name, address and type of practice of any
7 professional organization in which the person making the
8 statement was an officer, director, associate, partner or
9 proprietor or served in any advisory capacity, from which
10 income in excess of $1,200 was derived during the preceding
11 calendar year.
12 Name Address Type of Practice
13 ................... ................... ....................
14 ................... ................... ....................
15 ................... ................... ....................
16 3. List the nature of professional services rendered
17 (other than to the State of Illinois) to each entity from
18 which income exceeding $5,000 was received for professional
19 services rendered during the preceding calendar year by the
20 person making the statement.
21 .............................................................
22 .............................................................
23 4. List the identity (including the address or legal
24 description of real estate) of any capital asset from which a
25 capital gain of $5,000 or more was realized during the
26 preceding calendar year.
27 .............................................................
28 .............................................................
29 5. List the identity of any compensated lobbyist with
30 whom the person making the statement maintains a close
31 economic association, including the name of the lobbyist and
32 specifying the legislative matter or matters which are the
33 object of the lobbying activity, and describing the general
34 type of economic activity of the client or principal on whose
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1 behalf that person is lobbying.
2 Lobbyist Legislative Matter Client or Principal
3 ................... ................... ....................
4 ................... ................... ....................
5 6. List the name of any entity doing business in the
6 State of Illinois from which income in excess of $1,200 was
7 derived during the preceding calendar year other than for
8 professional services and the title or description of any
9 position held in that entity. (In the case of real estate,
10 location thereof shall be listed by street address, or if
11 none, then by legal description). No time or demand deposit
12 in a financial institution nor any debt instrument need be
13 listed.
14 Entity Position Held
15 .............................. ..............................
16 .............................. ..............................
17 .............................. ..............................
18 7. List the name of any unit of government which
19 employed the person making the statement during the preceding
20 calendar year other than the unit or units of government in
21 relation to which the person is required to file.
22 .............................................................
23 .............................................................
24 8. List the name of any entity from which a gift or
25 gifts, or honorarium or honoraria, valued singly or in the
26 aggregate in excess of $500, was received during the
27 preceding calendar year.
28 .............................................................
29 VERIFICATION:
30 "I declare that this statement of economic interests
31 (including any accompanying schedules and statements) has
32 been examined by me and to the best of my knowledge and
33 belief is a true, correct and complete statement of my
34 economic interests as required by the Illinois Governmental
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1 Ethics Act. I understand that the penalty for willfully
2 filing a false or incomplete statement shall be a fine not to
3 exceed $1,000 or imprisonment in a penal institution other
4 than the penitentiary not to exceed one year, or both fine
5 and imprisonment."
6 ................ ..........................................
7 (date of filing) (signature of person making the statement)
8 (Source: P.A. 92-101, eff. 1-1-02.)
9 (5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
10 Sec. 4A-104. The statement of economic interests required
11 by this Article to be filed with the county clerk shall be
12 filled in by typewriting or hand printing, shall be verified,
13 dated, and signed by the person making the statement on a
14 form prescribed by the Secretary of State that shall and
15 shall contain substantially replicate the design of the 2002
16 Public Financial Disclosure Report forms employed by the
17 United States Congress for purposes of complying with the
18 Ethics in Government Act of 1978.the following:
19 STATEMENT OF ECONOMIC INTERESTS
20 (TYPE OR HAND PRINT)
21 .............................................................
22 (Name)
23 .............................................................
24 (each office or position of employment for which this
25 statement is filed) .........................................
26 (full post office address to which notification of an
27 examination of this statement should be sent)
28 GENERAL DIRECTIONS:
29 The interest (if constructively controlled by the person
30 making the statement) of a spouse or any other party, shall
31 be considered to be the same as the interest of the person
32 making the statement.
33 Campaign receipts shall not be included in this
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1 statement.
2 If additional space is needed, please attach supplemental
3 listing.
4 1. List the name and instrument of ownership in any
5 entity doing business with a unit of local government in
6 relation to which the person is required to file, in which
7 the ownership interest held by the person at the date of
8 filing is in excess of $5,000 fair market value or from which
9 dividends in excess of $1,200 were received during the
10 preceding calendar year. (In the case of real estate,
11 location thereof shall be listed by street address, or if
12 none, then by legal description.) No time or demand deposit
13 in a financial institution, nor any debt instrument shall be
14 listed.
15 Business Instrument of Position of
16 Entity Ownership Management
17 ................... ................... ....................
18 ................... ................... ....................
19 ................... ................... ....................
20 List the name, address and type of practice of any
21 professional organization in which the person making the
22 statement was an officer, director, associate, partner or
23 proprietor, or served in any advisory capacity, from which
24 income in excess of $1,200 was derived during the preceding
25 calendar year.
26 Name Address Type of Practice
27 ................... ................... ....................
28 ................... ................... ....................
29 ................... ................... ....................
30 3. List the nature of professional services rendered
31 (other than to the unit or units of local government in
32 relation to which the person is required to file) to each
33 entity from which income exceeding $5,000 was received for
34 professional services rendered during the preceding calendar
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1 year by the person making the statement.
2 .............................................................
3 .............................................................
4 4. List the identity (including the address or legal
5 description of real estate) of any capital asset from which a
6 capital gain of $5,000 or more was realized during the
7 preceding calendar year.
8 .............................................................
9 .............................................................
10 .............................................................
11 5. List the name of any entity and the nature of the
12 governmental action requested by any entity which has applied
13 to a unit of local government in relation to which the person
14 must file for any license, franchise or permit for
15 annexation, zoning or rezoning of real estate during the
16 preceding calendar year if the ownership interest of the
17 person filing is in excess of $5,000 fair market value at the
18 time of filing or if income or dividends in excess of $1200
19 were received by the person filing from the entity during the
20 preceding calendar year.
21 .............................................................
22 .............................................................
23 .............................................................
24 6. List the name of any entity doing business with a
25 unit of local government in relation to which the person is
26 required to file from which income in excess of $1,200 was
27 derived during the preceding calendar year other than for
28 professional services and the title or description of any
29 position held in that entity. No time or demand deposit in a
30 financial institution nor any debt instrument need be listed.
31 .............................................................
32 .............................................................
33 7. List the name of any unit of government which
34 employed the person making the statement during the preceding
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1 calendar year other than the unit or units of government in
2 relation to which the person is required to file.
3 .............................................................
4 .............................................................
5 8. List the name of any entity from which a gift or
6 gifts, or honorarium or honoraria, valued singly or in the
7 aggregate in excess of $500, was received during the
8 preceding calendar year.
9 .............................................................
10 VERIFICATION:
11 "I declare that this statement of economic interests
12 (including any accompanying schedules and statements) has
13 been examined by me and to the best of my knowledge and
14 belief is a true, correct and complete statement of my
15 economic interests as required by the Illinois Governmental
16 Ethics Act. I understand that the penalty for willfully
17 filing a false or incomplete statement shall be a fine not to
18 exceed $1,000 or imprisonment in a penal institution other
19 than the penitentiary not to exceed one year, or both fine
20 and imprisonment."
21 ................ ..........................................
22 (date of filing) (signature of person making the statement)
23 (Source: P.A. 92-101, eff. 1-1-02.)
24 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
25 Sec. 4A-106. The statements of economic interests
26 required of persons listed in items (a) through (f) and item
27 (j) of Section 4A-101 shall be filed with the Secretary of
28 State. The statements of economic interests required of
29 persons listed in items (g), (h), (i), (k), and (l) of
30 Section 4A-101 shall be filed with the county clerk of the
31 county in which the principal office of the unit of local
32 government with which the person is associated is located.
33 If it is not apparent which county the principal office of a
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1 unit of local government is located, the chief administrative
2 officer, or his or her designee, has the authority, for
3 purposes of this Act, to determine the county in which the
4 principal office is located. On or before February 1
5 annually, (1) the chief administrative officer of any State
6 agency in the executive, legislative, or judicial branch
7 employing persons required to file under item (f) of Section
8 4A-101 shall certify to the Secretary of State the names and
9 mailing addresses of those persons, and (2) the chief
10 administrative officer, or his or her designee, of each unit
11 of local government with persons described in items (h), (i)
12 and (k) of Section 4A-101 shall certify to the appropriate
13 county clerk a list of names and addresses of persons
14 described in items (h), (i) and (k) of Section 4A-101 that
15 are required to file. In preparing the lists, each chief
16 administrative officer, or his or her designee, shall set out
17 the names in alphabetical order.
18 On or before February 1 annually, the secretary to the
19 board of education for local school councils established
20 pursuant to Section 34-2.1 of the School Code shall certify
21 to the county clerk the names and mailing addresses of those
22 persons described in item (l) of Section 4A-101.
23 On or before April 1 annually, the Secretary of State
24 shall notify (1) all persons whose names have been certified
25 to him under item (f) of Section 4A-101, and (2) all persons
26 described in items (a) through (e) and item (j) of Section
27 4A-101, other than candidates for office who have filed their
28 statements with their nominating petitions, of the
29 requirements for filing statements of economic interests. A
30 person required to file with the Secretary of State by virtue
31 of more than one item among items (a) through (f) and item
32 (j) shall be notified of and is required to file only one
33 statement of economic interests relating to all items under
34 which the person is required to file with the Secretary of
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1 State.
2 On or before April 1 annually, the county clerk of each
3 county shall notify all persons whose names have been
4 certified to him under items (g), (h), (i), (k), and (l) of
5 Section 4A-101, other than candidates for office who have
6 filed their statements with their nominating petitions, of
7 the requirements for filing statements of economic interests.
8 A person required to file with a county clerk by virtue of
9 more than one item among items (g), (h), (i), (k), and (l)
10 shall be notified of and is required to file only one
11 statement of economic interests relating to all items under
12 which the person is required to file with that county clerk.
13 Except as provided in Section 4A-106.1, the notices
14 provided for in this Section shall be in writing and
15 deposited in the U.S. Mail, properly addressed, first class
16 postage prepaid, on or before the day required by this
17 Section for the sending of the notice. A certificate executed
18 by the Secretary of State or county clerk attesting that he
19 has mailed the notice constitutes prima facie evidence
20 thereof.
21 From the lists certified to him under this Section of
22 persons described in items (g), (h), (i), (k), and (l) of
23 Section 4A-101, the clerk of each county shall compile an
24 alphabetical listing of persons required to file statements
25 of economic interests in his office under any of those items.
26 As the statements are filed in his office, the county clerk
27 shall cause the fact of that filing to be indicated on the
28 alphabetical listing of persons who are required to file
29 statements. Within 30 days after the due dates, the county
30 clerk shall mail to the State Board of Elections a true copy
31 of that listing showing those who have filed statements.
32 The county clerk of each county shall note upon the
33 alphabetical listing the names of all persons required to
34 file a statement of economic interests who failed to file a
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1 statement on or before May 1. It shall be the duty of the
2 several county clerks to give notice as provided in Section
3 4A-105 to any person who has failed to file his or her
4 statement with the clerk on or before May 1.
5 Any person who files or has filed a statement of economic
6 interest under this Act is entitled to receive from the
7 Secretary of State or county clerk, as the case may be, a
8 receipt indicating that the person has filed such a
9 statement, the date of such filing, and the identity of the
10 governmental unit or units in relation to which the filing is
11 required.
12 The Secretary of State may employ such employees and
13 consultants as he considers necessary to carry out his duties
14 hereunder, and may prescribe their duties, fix their
15 compensation, and provide for reimbursement of their
16 expenses.
17 All statements of economic interests filed under this
18 Section shall be converted into an electronic form by the
19 Secretary of State and shall be posted on the Secretary of
20 State's website available for examination and copying by the
21 public at all reasonable times. Each person examining a
22 statement must first fill out a form prepared by the
23 Secretary of State identifying the examiner by name,
24 occupation, address and telephone number, and listing the
25 date of examination and reason for such examination. The
26 Secretary of State shall supply such forms to the county
27 clerks annually and replenish such forms upon request.
28 The Secretary of State or county clerk, as the case may
29 be, shall promptly notify each person required to file a
30 statement under this Article of each instance of an
31 examination of his statement by sending him a duplicate
32 original of the identification form filled out by the person
33 examining his statement.
34 (Source: P.A. 92-101, eff. 1-1-02.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2004.".