Public Act 096-1336
 
SB3183 EnrolledLRB096 19877 JAM 35336 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 and by adding Section 4A-108 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), item (l),
and item (n) 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), (k), and (o)
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
and the chief administrative officer of a board described in
item (n) 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) and a board described in item (o) of Section
4A-101 shall certify to the appropriate county clerk a list of
names and addresses of persons described in items (h), (i),
(k), and (o) 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), (l), and (n) 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), (l), and (n) 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), (k), and (o) 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), (k), and (o) 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. Alternatively, a county clerk may send
the notices electronically to all persons whose names have been
thus certified to him under item (h), (i), or (k) of Section
4A-101. A certificate executed by the Secretary of State or
county clerk attesting that he or she has sent mailed the
notice by the means permitted by this Section constitutes prima
facie evidence thereof.
    From the lists certified to him under this Section of
persons described in items (g), (h), (i), (k), and (o) 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.
(Source: P.A. 96-6, eff. 4-3-09.)
 
    (5 ILCS 420/4A-108 new)
    Sec. 4A-108. Internet-based systems of filing.
    (a) Notwithstanding any other provision of this Act or any
other law, a county clerk is authorized to institute an
Internet-based system for the filing of statements of economic
interests in his or her office. The determination to institute
such a system shall be in the sole discretion of the county
clerk and shall meet the requirements set out in this Section.
When this Section does not modify or remove the requirements
set forth elsewhere in this Article, those requirements shall
apply to any system of Internet-based filing authorized by this
Section. When this Section does modify or remove the
requirements set forth elsewhere in this Article, the
provisions of this Section shall apply to any system of
Internet-based filing authorized by this Section.
    (b) In any system of Internet-based filing of statements of
economic interests instituted by a county clerk:
        (1) Any filing of an Internet-based statement of
    economic interests shall be the equivalent of the filing of
    a verified, written statement of economic interests as
    required by Section 4A-101 and the equivalent of the filing
    of a verified, dated, and signed statement of economic
    interests as required by Section 4A-103.
        (2) A county clerk who institutes a system of
    Internet-based filing of statements of economic interests
    shall establish a password-protected web site to receive
    the filings of such statements. A website established under
    this Section shall set forth and provide a means of
    responding to the items set forth in Section 4A-102 that
    are required of a person who files a statement of economic
    interests with that officer.
        (3) The times for the filing of statements of economic
    interests set forth in Section 4A-105 shall be followed in
    any system of Internet-based filing of statements of
    economic interests; provided that a candidate for elective
    office who is required to file a statement of economic
    interests in relation to his or her candidacy pursuant to
    Section 4A-105(a) shall not use the Internet to file his or
    her statement of economic interests but shall file his or
    her statement of economic interests in a written or printed
    form and shall receive a written or printed receipt for his
    or her filing.
        (4) Following the institution of a system of
    Internet-based filing of statements of economic interests
    by a county clerk, all persons required to file a statement
    of economic interests with that officer must do so through
    the system of Internet-based filing of statements of
    economic interests. As part of his or her system of
    Internet-based filing of statements of economic interests,
    a county clerk instituting such a system shall make
    provision for those persons who are required to file a
    statement of economic interests and who do not have access
    to the Internet. In the first year of the implementation of
    a system of Internet-based filing of statements of economic
    interests, each person required to file such a statement is
    to be notified in writing, by a notice deposited in the
    U.S. mail, properly addressed, first class postage
    prepaid, of his or her obligation to file his or her
    statement of economic interests by way of the
    Internet-based system instituted for that purpose. If
    access to the web site requires a code or password, this
    information shall be included in the notice prescribed by
    this paragraph.
        (5) When a person required to file a statement of
    economic interests has supplied a county clerk with an
    email address for the purpose of receiving notices under
    this Article by email, a notice sent by email to the
    supplied email address shall be the equivalent of a notice
    sent by first class mail, as set forth in Section 4A-106. A
    person who has supplied such an email address shall notify
    the county clerk when his or her email address changes or
    if he or she no longer wishes to receive notices by email.
        (6) If any person who is required to file a statement
    of economic interests and who has chosen to receive notices
    by email fails to file his or her statement by May 10, then
    the county clerk shall send an additional email notice on
    that date, informing the person that he or she has not
    filed and describing the penalties for late filing and
    failing to file. This notice shall be in addition to other
    notices provided for in this Article.
        (7) Each county clerk who institutes a system of
    Internet-based filing of statements of economic interests
    may also institute an Internet-based process for the filing
    of the list of names and addresses of persons required to
    file statements of economic interests by the chief
    administrative officers of units of local government that
    must file such information with that county clerk pursuant
    to Section 4A-106. Whenever a county clerk institutes such
    a system under this paragraph, every unit of local
    government must use the system to file this information.
        (8) Any county clerk who institutes a system of
    Internet-based filing of statements of economic interests
    shall post the contents of such statements filed with him
    or her available for inspection and copying on a publicly
    accessible website. Such postings shall not include the
    addresses of the filers.