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.