Full Text of SB0345 94th General Assembly
SB0345 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0345
Introduced 2/15/2005, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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5 ILCS 420/4A-106 |
from Ch. 127, par. 604A-106 |
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Amends the Illinois Governmental Ethics Act. Eliminates the requirements that (i) a person examining a statement of economic interests filed with a county clerk must identify himself or herself and the reason for the examination and (ii) the county clerk must notify a person when his or her statement is examined. Effective immediately.
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A BILL FOR
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SB0345 |
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LRB094 10595 JAM 40910 b |
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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 | 5 |
| by changing Section 4A-106 as follows: | 6 |
| (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
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| Sec. 4A-106. The statements of economic interests required | 8 |
| of persons
listed in items (a) through (f), item (j), and item | 9 |
| (l) of
Section 4A-101 shall be
filed with the Secretary of | 10 |
| State. The statements of economic interests
required of persons | 11 |
| listed in items (g), (h), (i), and (k) of
Section
4A-101 shall | 12 |
| 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 | 14 |
| person is
associated is located. If it is not apparent which | 15 |
| county the principal office
of a unit of local government is | 16 |
| located, the chief administrative officer, or
his or her | 17 |
| designee, has the authority, for purposes of this Act, to | 18 |
| determine
the county in which the principal office is located. | 19 |
| On or before February 1
annually, (1) the chief administrative | 20 |
| officer of any State agency in the
executive, legislative, or | 21 |
| judicial branch employing persons required to file
under item | 22 |
| (f) or item (l) of Section
4A-101 shall certify to the | 23 |
| Secretary of State the names and mailing addresses
of those | 24 |
| persons, and (2) the chief administrative officer, or his or | 25 |
| her
designee, of each unit of local government with persons | 26 |
| described in items (h),
(i) and (k) of Section 4A-101 shall | 27 |
| certify to the appropriate county clerk a
list of names and | 28 |
| 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 | 30 |
| lists, each chief
administrative officer, or his or her | 31 |
| 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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SB0345 |
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LRB094 10595 JAM 40910 b |
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| notify (1)
all persons whose names have been certified to him | 2 |
| under items (f)
and (l) of
Section 4A-101, and (2) all persons | 3 |
| described in items (a) through (e) and
item (j) of Section | 4 |
| 4A-101, other than candidates for office who have filed
their | 5 |
| statements with their nominating petitions, of the | 6 |
| requirements for
filing statements of economic interests.
A | 7 |
| person required to file with the Secretary of State by virtue | 8 |
| of more than
one item among items (a) through (f) and items (j) | 9 |
| and (l)
shall be notified of and is
required
to file only one | 10 |
| statement of economic interests relating to all items under
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| which the person is required to file with the Secretary of | 12 |
| State.
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| On or before April 1 annually, the county clerk of each | 14 |
| county shall
notify all persons whose names have been certified | 15 |
| to him under items (g),
(h), (i), and (k) of Section 4A-101, | 16 |
| other than candidates
for office who have filed their | 17 |
| statements with their nominating petitions, of
the | 18 |
| requirements for filing statements of economic interests.
A | 19 |
| person required to file with a county clerk by virtue of more | 20 |
| than one item
among items (g), (h), (i), and (k) shall be | 21 |
| notified of and is
required to
file only one statement of | 22 |
| economic interests relating to all items under which
the person | 23 |
| is required to file with that county clerk.
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| Except as provided in Section 4A-106.1, the notices | 25 |
| provided for in this
Section shall be in writing and deposited | 26 |
| in
the U.S. Mail, properly addressed, first class postage | 27 |
| prepaid, on or before
the day required by this Section for the | 28 |
| sending of the notice. A certificate
executed by the Secretary | 29 |
| of State or county clerk attesting that he has mailed
the | 30 |
| notice constitutes prima facie evidence thereof.
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| From the lists certified to him under this Section of | 32 |
| persons described in
items (g), (h), (i), and (k) of Section | 33 |
| 4A-101, the clerk
of each county shall
compile an alphabetical | 34 |
| listing of persons required to file statements of
economic | 35 |
| 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 | 2 |
| alphabetical listing of persons who
are required to file | 3 |
| 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 | 5 |
| that listing
showing those who have filed statements.
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| The county clerk of each county shall note upon the | 7 |
| alphabetical listing
the names of all persons required to file | 8 |
| a statement of economic interests
who failed to file a | 9 |
| statement on or before May 1. It shall be the duty of
the | 10 |
| several county clerks to give notice as provided in Section | 11 |
| 4A-105 to
any person who has failed to file his or her | 12 |
| statement with the clerk on or
before May 1.
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| Any person who files or has filed a statement of economic | 14 |
| interest
under this Act is entitled to receive from the | 15 |
| Secretary of State or county
clerk, as the case may be, a | 16 |
| receipt indicating that the person has filed
such a statement, | 17 |
| the date of such filing, and the identity of the
governmental | 18 |
| unit or units in relation to which the filing is required.
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| 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 expenses.
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| All statements of economic interests filed under this | 24 |
| Section shall be
available for examination and copying by the | 25 |
| public at all reasonable times.
Not later than 12 months after | 26 |
| the effective date of this amendatory Act of
the 93rd General | 27 |
| Assembly, beginning with statements filed in calendar year
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| 2004, the Secretary of State shall make statements of economic | 29 |
| interests filed
with the Secretary available for inspection and | 30 |
| copying via the Secretary's
website. Each person examining a | 31 |
| statement filed with the county clerk
must first fill
out a | 32 |
| form prepared by the
Secretary of State identifying the | 33 |
| examiner by name, occupation, address
and telephone number, and | 34 |
| listing the date of examination and reason for such
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| examination. The Secretary of State shall supply such forms to | 36 |
| 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 | 3 |
| to file a statement under this
Article of each instance of an | 4 |
| examination of his statement by sending
him a duplicate | 5 |
| original of the identification form filled out by the
person | 6 |
| 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 | 9 |
| becoming law.
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