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.