96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3183


 
Introduced 2/9/2010, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		





 







5 ILCS 420/4A-106
  from Ch. 127, par. 604A-106









     Amends the Illinois Governmental Ethics Act.  With respect to required notification of certain persons who must file statements of economic interests with a county clerk, permits the county clerk to send the notices electronically (now, may send notices only by U.S. mail).
  















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A BILL FOR









 




  






SB3183

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    AN ACT concerning government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Illinois Governmental Ethics Act is amended  
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by changing Section 4A-106 as follows:
 
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    (5 ILCS 420/4A-106)  (from Ch. 127, par. 604A-106)

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

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required of persons listed in items (g), (h), (i), (k), and (o) 
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of
Section
4A-101 shall be filed with the county clerk of the 
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county in which the
principal office of the unit of local 
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government with which the person is
associated is located.  If 
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it is not apparent which county the principal office
of a unit 
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of local government is located, the chief administrative 
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officer, or
his or her designee, has the authority, for 
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purposes of this Act, to determine
the county in which the 
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principal office is located.  On or before February 1
annually, 
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(1) the chief administrative officer of any State agency in the

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executive, legislative, or judicial branch employing persons 
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required to file
under item (f) or item (l) of Section
4A-101 
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and the chief administrative officer of a board described in 
 


 






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item (n) of Section 4A-101 shall certify to the Secretary of 
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State the names and mailing addresses
of those persons, and (2) 
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the chief administrative officer, or his or her
designee, of 
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each unit of local government with persons described in items 
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(h),
(i) and (k) and a board described in item (o) of Section 
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4A-101 shall certify to the appropriate county clerk a
list of 
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names and addresses of persons described in items (h), (i),
 
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(k), and (o) of
Section 4A-101 that are required to file.  In 
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preparing the lists, each chief
administrative officer, or his 
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or her designee, shall set out the names in
alphabetical order.


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    On or before April 1 annually, the Secretary of State shall 
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notify (1)
all persons whose names have been certified to him 
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under items (f),
 (l), and (n) of
Section 4A-101, and (2) all 
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persons described in items (a) through (e) and
item (j) of 
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Section 4A-101, other than candidates for office who have filed

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their statements with their nominating petitions, of the 
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requirements for
filing statements of economic interests.
A 
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person required to file with the Secretary of State by virtue 
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of more than
one item among items (a) through (f) and items 
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(j), (l), and (n)
shall be notified of and is
required
to file 
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only one statement of economic interests relating to all items 
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under
which the person is required to file with the Secretary 
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of State.


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    On or before April 1 annually, the county clerk of each 
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county shall
notify all persons whose names have been certified 
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to him under items (g),
(h), (i), (k), and (o) of Section 
 


 






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4A-101, other than candidates
for office who have filed their 
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statements with their nominating petitions, of
the 
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requirements for filing statements of economic interests.
A 
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person required to file with a county clerk by virtue of more 
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than one item
among items (g), (h), (i), (k), and (o) shall be 
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notified of and is
required to
file only one statement of 
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economic interests relating to all items under which
the person 
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is required to file with that county clerk.


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    Except as provided in Section 4A-106.1, the notices 
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provided for in this
Section shall be in writing and deposited 
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in
the U.S. Mail, properly addressed, first class postage 
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prepaid, on or before
the day required by this Section for the 
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sending of the notice. Alternatively, a county clerk may send 
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the notices electronically to all persons whose names have been 
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thus certified to him under item (h), (i), or (k) of Section 
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4A-101. A certificate
executed by the Secretary of State or 
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county clerk attesting that he or she has sent mailed
the 
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notice by the means permitted by this Section constitutes prima 
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facie evidence thereof.


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

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economic interests in his office under any of those items.  As 
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the
statements are filed in his office, the county clerk shall 
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cause the fact
of that filing to be indicated on the 
 


 






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alphabetical listing of persons who
are required to file 
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statements. Within 30 days after the due dates, the county

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


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


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


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


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

 


 






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2004, the Secretary of State shall make statements of economic 
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interests filed
with the Secretary available for inspection and 
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copying via the Secretary's
website.

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(Source: P.A. 96-6, eff. 4-3-09.)