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State Government Administration Committee
Filed: 3/9/2005
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09400HB2455ham001 |
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LRB094 10379 JAM 42690 a |
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| AMENDMENT TO HOUSE BILL 2455
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| AMENDMENT NO. ______. Amend House Bill 2455 by replacing |
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| everything after the enacting clause with the following:
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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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09400HB2455ham001 |
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LRB094 10379 JAM 42690 a |
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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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09400HB2455ham001 |
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LRB094 10379 JAM 42690 a |
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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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LRB094 10379 JAM 42690 a |
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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.".
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