94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2455


 
Introduced 02/17/05, by Rep. Paul D. Froehlich - Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		













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








    Amends the Illinois Governmental Ethics Act. Eliminates the requirement the county clerk must notify a person when his or her statement of economic interests is examined. Effective immediately.
















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A BILL FOR









 











HB2455

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

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

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Section 4A-101 that are required to file.  In preparing the 
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lists, each chief
administrative officer, or his or her 
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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)
and (l) of
Section 4A-101, and (2) all persons 
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described in items (a) through (e) and
item (j) 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 the Secretary of State by virtue 
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of more than
one item among items (a) through (f) and items (j) 
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and (l)
shall be notified of and is
required
to file only one 
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statement of economic interests relating to all items under

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which the person is required to file with the Secretary of 
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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), and (k) of Section 4A-101, 
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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), and (k) 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. A certificate
executed by the Secretary 
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of State or county clerk attesting that he has mailed
the 
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notice constitutes prima 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), and (k) of Section 
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4A-101, the clerk
of each county shall
compile an alphabetical 
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listing of persons required to file statements of
economic 
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interests in his office under any of those items.  As the

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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. Each person examining a 
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statement filed with the county clerk
must first fill
out a 
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form prepared by the
Secretary of State identifying the 
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examiner by name, occupation, address
and telephone number, and 
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listing the date of examination and reason for such

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


 






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request.

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

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


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