96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3969
 
Introduced 11/10/2010, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 

 
5 ILCS 420/4A-108

     Amends the Illinois Governmental Ethics Act.  In provisions governing the Internet-based filing of statements of economic interests with county clerks, corrects a reference to an erroneous Section number.  Effective January 1, 2011.
  


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A BILL FOR
 

  
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1    AN ACT concerning government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Governmental Ethics Act is amended  
5by changing Section 4A-108 as follows:
 
6    (5 ILCS 420/4A-108)
7    Sec. 4A-108. Internet-based systems of filing.
8    (a) Notwithstanding any other provision of this Act or any 
9other law, a county clerk is authorized to institute an 
10Internet-based system for the filing of statements of economic 
11interests in his or her office. The determination to institute 
12such a system shall be in the sole discretion of the county 
13clerk and shall meet the requirements set out in this Section. 
14When this Section does not modify or remove the requirements 
15set forth elsewhere in this Article, those requirements shall 
16apply to any system of Internet-based filing authorized by this 
17Section. When this Section does modify or remove the 
18requirements set forth elsewhere in this Article, the 
19provisions of this Section shall apply to any system of 
20Internet-based filing authorized by this Section.
21    (b) In any system of Internet-based filing of statements of 
22economic interests instituted by a county clerk:
23        (1) Any filing of an Internet-based statement of 
 
 
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1    economic interests shall be the equivalent of the filing of 
2    a verified, written statement of economic interests as 
3    required by Section 4A-101 and the equivalent of the filing 
4    of a verified, dated, and signed statement of economic 
5    interests as required by Section 4A-104 4A-103.
6        (2) A county clerk who institutes a system of 
7    Internet-based filing of statements of economic interests 
8    shall establish a password-protected web site to receive 
9    the filings of such statements. A website established under 
10    this Section shall set forth and provide a means of 
11    responding to the items set forth in Section 4A-102 that 
12    are required of a person who files a statement of economic 
13    interests with that officer.
14        (3) The times for the filing of statements of economic 
15    interests set forth in Section 4A-105 shall be followed in 
16    any system of Internet-based filing of statements of 
17    economic interests; provided that a candidate for elective 
18    office who is required to file a statement of economic 
19    interests in relation to his or her candidacy pursuant to 
20    Section 4A-105(a) shall not use the Internet to file his or 
21    her statement of economic interests but shall file his or 
22    her statement of economic interests in a written or printed 
23    form and shall receive a written or printed receipt for his 
24    or her filing.
25        (4) Following the institution of a system of 
26    Internet-based filing of statements of economic interests 
 
 
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1    by a county clerk, all persons required to file a statement 
2    of economic interests with that officer must do so through 
3    the system of Internet-based filing of statements of 
4    economic interests. As part of his or her system of 
5    Internet-based filing of statements of economic interests, 
6    a county clerk instituting such a system shall make 
7    provision for those persons who are required to file a 
8    statement of economic interests and who do not have access 
9    to the Internet. In the first year of the implementation of 
10    a system of Internet-based filing of statements of economic 
11    interests, each person required to file such a statement is 
12    to be notified in writing, by a notice deposited in the 
13    U.S. mail, properly addressed, first class postage 
14    prepaid, of his or her obligation to file his or her 
15    statement of economic interests by way of the 
16    Internet-based system instituted for that purpose. If 
17    access to the web site requires a code or password, this 
18    information shall be included in the notice prescribed by 
19    this paragraph.
20        (5) When a person required to file a statement of 
21    economic interests has supplied a county clerk with an 
22    email address for the purpose of receiving notices under 
23    this Article by email, a notice sent by email to the 
24    supplied email address shall be the equivalent of a notice 
25    sent by first class mail, as set forth in Section 4A-106. A 
26    person who has supplied such an email address shall notify 
 
 
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1    the county clerk when his or her email address changes or 
2    if he or she no longer wishes to receive notices by email.
3        (6) If any person who is required to file a statement 
4    of economic interests and who has chosen to receive notices 
5    by email fails to file his or her statement by May 10, then 
6    the county clerk shall send an additional email notice on 
7    that date, informing the person that he or she has not 
8    filed and describing the penalties for late filing and 
9    failing to file. This notice shall be in addition to other 
10    notices provided for in this Article.
11        (7) Each county clerk who institutes a system of 
12    Internet-based filing of statements of economic interests 
13    may also institute an Internet-based process for the filing 
14    of the list of names and addresses of persons required to 
15    file statements of economic interests by the chief 
16    administrative officers of units of local government that 
17    must file such information with that county clerk pursuant 
18    to Section 4A-106. Whenever a county clerk institutes such 
19    a system under this paragraph, every unit of local 
20    government must use the system to file this information.
21        (8) Any county clerk who institutes a system of 
22    Internet-based filing of statements of economic interests 
23    shall post the contents of such statements filed with him 
24    or her available for inspection and copying on a publicly 
25    accessible website. Such postings shall not include the 
26    addresses of the filers.

 
 
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1(Source: P.A. 96-1336, eff. 1-1-11.)
 
2    Section 95. No acceleration or delay. Where this Act makes 
3changes in a statute that is represented in this Act by text 
4that is not yet or no longer in effect (for example, a Section 
5represented by multiple versions), the use of that text does 
6not accelerate or delay the taking effect of (i) the changes 
7made by this Act or (ii) provisions derived from any other 
8Public Act.
 
 
9    Section 99. Effective date. This Act takes effect January 
101, 2011.