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92_HB0729
LRB9201559MWcd
1 AN ACT in relation to governmental ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is
5 amended by changing Section 4A-106 as follows:
6 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
7 Sec. 4A-106. The statements of economic interests
8 required of persons listed in items (a) through (f) and item
9 (j) of Section 4A-101 shall be filed with the Secretary of
10 State. The statements of economic interests required of
11 persons listed in items (g), (h), (i), (k), and (l) of
12 Section 4A-101 shall be filed with the county clerk of the
13 county in which the principal office of the unit of local
14 government with which the person is associated is located.
15 If it is not apparent which county the principal office of a
16 unit of local government is located, the chief administrative
17 officer, or his or her designee, has the authority, for
18 purposes of this Act, to determine the county in which the
19 principal office is located. On or before February 1
20 annually, (1) the chief administrative officer of any State
21 agency in the executive, legislative, or judicial branch
22 employing persons required to file under item (f) of Section
23 4A-101 shall certify to the Secretary of State the names and
24 mailing addresses of those persons, and (2) the chief
25 administrative officer, or his or her designee, of each unit
26 of local government with persons described in items (h), (i)
27 and (k) of Section 4A-101 shall certify to the appropriate
28 county clerk a list of names and addresses of persons
29 described in items (h), (i) and (k) of Section 4A-101 that
30 are required to file. In preparing the lists, each chief
31 administrative officer, or his or her designee, shall set out
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1 the names in alphabetical order.
2 On or before February 1 annually, the secretary to the
3 board of education for local school councils established
4 pursuant to Section 34-2.1 of the School Code shall certify
5 to the county clerk the names and mailing addresses of those
6 persons described in item (l) of Section 4A-101.
7 On or before April 1 annually, the Secretary of State
8 shall notify (1) all persons whose names have been certified
9 to him under item (f) of Section 4A-101, and (2) all persons
10 described in items (a) through (e) and item (j) of Section
11 4A-101, other than candidates for office who have filed their
12 statements with their nominating petitions, of the
13 requirements for filing statements of economic interests.
14 On or before April 1 annually, the county clerk of each
15 county shall notify all persons whose names have been
16 certified to him under items (g), (h), (i), (k), and (l) of
17 Section 4A-101, other than candidates for office who have
18 filed their statements with their nominating petitions, of
19 the requirements for filing statements of economic interests.
20 Except as provided in Section 4A-106.1, the notices
21 provided for in this Section shall be in writing and
22 deposited in the U.S. Mail, properly addressed, first class
23 postage prepaid, on or before the day required by this
24 Section for the sending of the notice. A certificate executed
25 by the Secretary of State or county clerk attesting that he
26 has mailed the notice constitutes prima facie evidence
27 thereof.
28 From the lists certified to him under this Section of
29 persons described in items (g), (h), (i), (k), and (l) of
30 Section 4A-101, the clerk of each county shall compile an
31 alphabetical listing of persons required to file statements
32 of economic interests in his office under any of those items.
33 As the statements are filed in his office, the county clerk
34 shall cause the fact of that filing to be indicated on the
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1 alphabetical listing of persons who are required to file
2 statements. Within 30 days after the due dates, the county
3 clerk shall mail to the State Board of Elections a true copy
4 of that listing showing those who have filed statements.
5 The county clerk of each county shall note upon the
6 alphabetical listing the names of all persons required to
7 file a statement of economic interests who failed to file a
8 statement on or before May 1. It shall be the duty of the
9 several county clerks to give notice as provided in Section
10 4A-105 to any person who has failed to file his or her
11 statement with the clerk on or before May 1.
12 Any person who files or has filed a statement of economic
13 interest under this Act is entitled to receive from the
14 Secretary of State or county clerk, as the case may be, a
15 receipt indicating that the person has filed such a
16 statement, the date of such filing, and the identity of the
17 governmental unit in relation to which the filing is
18 required.
19 The Secretary of State may employ such employees and
20 consultants as he considers necessary to carry out his duties
21 hereunder, and may prescribe their duties, fix their
22 compensation, and provide for reimbursement of their
23 expenses.
24 All statements of economic interests filed under this
25 Section shall be available for examination and copying by the
26 public at all reasonable times. Each person examining a
27 statement must first fill out a form prepared by the
28 Secretary of State identifying the examiner by name,
29 occupation, address and telephone number, and listing the
30 date of examination and reason for such examination. The
31 Secretary of State shall supply such forms to the county
32 clerks annually and replenish such forms upon request.
33 The Secretary of State or county clerk, as the case may
34 be, shall promptly notify each person required to file a
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1 statement under this Article of each instance of an
2 examination of his statement by sending him a duplicate
3 original of the identification form filled out by the person
4 examining his statement.
5 No later than May 1, 2002, the Secretary of State shall
6 make the statements of economic interests filed by candidates
7 for and persons holding the offices of Governor, Lieutenant
8 Governor, Attorney General, Secretary of State, State
9 Comptroller, and State Treasurer and by members of and
10 candidates to the General Assembly accessible through the
11 World Wide Web.
12 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433,
13 eff. 12-15-95.)