97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1542

 

Introduced 2/15/2011, by Rep. Elaine Nekritz

 

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. Replaces a provision that mandated the Internet-based filing of statements of economic interest with a provision that authorizes the filing of those statements by Internet or by standardized form. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1542LRB097 08081 JDS 48204 b

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 and the option to file by
16    way of the Internet-based system or by way of standardized
17    form instituted for that purpose. If access to the web site
18    requires a code or password, this information shall be
19    included in the notice prescribed by 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 99. Effective date. This Act takes effect upon
3becoming law.