Public Act 099-0108
 
SB1448 EnrolledLRB099 03998 JLK 24015 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-108 as follows:
 
    (5 ILCS 420/4A-108)
    Sec. 4A-108. Internet-based systems of filing.
    (a) Notwithstanding any other provision of this Act or any 
other law, the Secretary of State and county clerks are a 
county clerk is authorized to institute an Internet-based 
system for the filing of statements of economic interests in 
their offices his or her office. With respect to county clerk 
systems, the 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. With respect to a 
Secretary of State system, the determination to institute such 
a system shall be in the sole discretion of the Secretary of 
State and shall meet the requirements set out in this Section 
and those Sections of the State Officials and Employees Ethics 
Act requiring ethics officer review prior to filing. The system 
shall be capable of allowing an ethics officer to approve a 
statement of economic interests and shall include a means to 
amend a statement of economic interests. 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 the Secretary of State or 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-104.
        (2) The Secretary of State and county clerks who 
    institute A county clerk who institutes a system of 
    Internet-based filing of statements of economic interests 
    shall establish a password-protected website 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. A website 
    established under this Section shall set forth and provide 
    a means of generating a printable receipt page 
    acknowledging filing. 
        (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) 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 of his or her obligation to file 
    his or her statement of economic interests and the option 
    to file by way of the Internet-based system or by way of 
    standardized form. 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 the Secretary of State or a 
    county clerk, as applicable, 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 Secretary of State or county 
    clerk, as applicable, 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 Secretary of State or county clerk, as applicable, 
    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) The Secretary of State and each 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 the Secretary of State or that county clerk, as 
    applicable, pursuant to Section 4A-106. Whenever the 
    Secretary of State or a county clerk institutes such a 
    system under this paragraph, every chief administrative 
    officer unit of local government must use the system to 
    file this information.
        (8) The Secretary of State and any 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 or signatures of the 
    filers.

(Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2015.