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Public Act 91-0361
SB1071 Enrolled LRB9102002JMcs
AN ACT to amend the Public Officer Prohibited Activities
Act by changing Section 3.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Officer Prohibited Activities Act
is amended by changing Section 3.1 as follows:
(50 ILCS 105/3.1) (from Ch. 102, par. 3.1)
Sec. 3.1. Before any contract relating to the ownership
or use of real property is entered into by and between the
State or any local governmental unit or any agency of either
the identity of every owner and beneficiary having any
interest, real or personal, in such property, and every
member, shareholder, limited partner, or general partner
entitled to receive more than 7 1/2% of the total
distributable income of any limited liability company,
corporation, or limited partnership having any interest, real
or personal, in such property must be disclosed. The
disclosure shall be in writing and shall be subscribed by a
member, an owner, authorized trustee, corporate official,
general partner, or managing agent, or his or her authorized
attorney, under oath. However, if the interest, stock, or
shares in a limited liability company, corporation, or
general partnership is publicly traded and there is no
readily known individual having greater than a 7 1/2%
interest, then a statement to that effect, subscribed to
under oath by a member, an officer of the corporation,
general partner, or its managing agent, or his or her
authorized attorney, shall fulfill the disclosure statement
requirement of this Section. As a condition of contracts
entered into on or after the effective date of this
amendatory Act of 1995, the beneficiaries of a lease shall
furnish the trustee of a trust subject to disclosure under
this Section with a binding non-revocable letter of direction
authorizing the trustee to provide the State with an
up-to-date disclosure whenever requested by the State. The
letter of direction shall be binding on beneficiaries' heirs,
successors, and assigns during the term of the contract. This
Section shall be liberally construed to accomplish the
purpose of requiring the identification of the actual parties
benefiting from any transaction with a governmental unit or
agency involving the procurement of the ownership or use of
real property thereby.
For any entity that is wholly or partially owned by
another entity, the names of the owners of the wholly or
partially owning entity shall be disclosed under this
Section, as well as the names of the owners of the wholly or
partially owned entity.
(Source: P.A. 89-91, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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