99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1448

 

Introduced 2/20/2015, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-108

    Amends the Illinois Governmental Ethics Act. Authorizes the Secretary of State, in addition to county clerks, to institute an Internet-based system for the filing of statements of economic interests. Provides that all Internet-based systems for the filing of statements of economic interests shall set forth and provide a means of generating a printable receipt page acknowledging filing. Makes other changes to be consistent with the requirements of the amendatory Act. Effective July 1, 2015.


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A BILL FOR

 

SB1448LRB099 03998 JLK 24015 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, the Secretary of State and county clerks are a
10county clerk is authorized to institute an Internet-based
11system for the filing of statements of economic interests in
12their offices his or her office. With respect to county clerk
13systems, the The determination to institute such a system shall
14be in the sole discretion of the county clerk and shall meet
15the requirements set out in this Section. With respect to a
16Secretary of State system, the determination to institute such
17a system shall be in the sole discretion of the Secretary of
18State and shall meet the requirements set out in this Section
19and those Sections of the State Officials and Employees Ethics
20Act requiring ethics officer review prior to filing. The system
21shall include a means to amend a statement of economic
22interest. When this Section does not modify or remove the
23requirements set forth elsewhere in this Article, those

 

 

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1requirements shall apply to any system of Internet-based filing
2authorized by this Section. When this Section does modify or
3remove the requirements set forth elsewhere in this Article,
4the provisions of this Section shall apply to any system of
5Internet-based filing authorized by this Section.
6    (b) In any system of Internet-based filing of statements of
7economic interests instituted by the Secretary of State or a
8county clerk:
9        (1) Any filing of an Internet-based statement of
10    economic interests shall be the equivalent of the filing of
11    a verified, written statement of economic interests as
12    required by Section 4A-101 and the equivalent of the filing
13    of a verified, dated, and signed statement of economic
14    interests as required by Section 4A-104.
15        (2) The Secretary of State and county clerks who
16    institute A county clerk who institutes a system of
17    Internet-based filing of statements of economic interests
18    shall establish a password-protected website web site to
19    receive the filings of such statements. A website
20    established under this Section shall set forth and provide
21    a means of responding to the items set forth in Section
22    4A-102 that are required of a person who files a statement
23    of economic interests with that officer. A website
24    established under this Section shall set forth and provide
25    a means of generating a printable receipt page
26    acknowledging filing.

 

 

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1        (3) The times for the filing of statements of economic
2    interests set forth in Section 4A-105 shall be followed in
3    any system of Internet-based filing of statements of
4    economic interests; provided that a candidate for elective
5    office who is required to file a statement of economic
6    interests in relation to his or her candidacy pursuant to
7    Section 4A-105(a) shall not use the Internet to file his or
8    her statement of economic interests but shall file his or
9    her statement of economic interests in a written or printed
10    form and shall receive a written or printed receipt for his
11    or her filing.
12        (4) In the first year of the implementation of a system
13    of Internet-based filing of statements of economic
14    interests, each person required to file such a statement is
15    to be notified in writing of his or her obligation to file
16    his or her statement of economic interests and the option
17    to file by way of the Internet-based system or by way of
18    standardized form. If access to the web site requires a
19    code or password, this information shall be included in the
20    notice prescribed by this paragraph.
21        (5) When a person required to file a statement of
22    economic interests has supplied the Secretary of State or a
23    county clerk, as applicable, with an email address for the
24    purpose of receiving notices under this Article by email, a
25    notice sent by email to the supplied email address shall be
26    the equivalent of a notice sent by first class mail, as set

 

 

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1    forth in Section 4A-106. A person who has supplied such an
2    email address shall notify the Secretary of State or county
3    clerk, as applicable, when his or her email address changes
4    or if he or she no longer wishes to receive notices by
5    email.
6        (6) If any person who is required to file a statement
7    of economic interests and who has chosen to receive notices
8    by email fails to file his or her statement by May 10, then
9    the Secretary of State or county clerk, as applicable,
10    shall send an additional email notice on that date,
11    informing the person that he or she has not filed and
12    describing the penalties for late filing and failing to
13    file. This notice shall be in addition to other notices
14    provided for in this Article.
15        (7) The Secretary of State and each Each county clerk
16    who institutes a system of Internet-based filing of
17    statements of economic interests may also institute an
18    Internet-based process for the filing of the list of names
19    and addresses of persons required to file statements of
20    economic interests by the chief administrative officers of
21    units of local government that must file such information
22    with the Secretary of State or that county clerk, as
23    applicable, pursuant to Section 4A-106. Whenever the
24    Secretary of State or a county clerk institutes such a
25    system under this paragraph, every chief administrative
26    officer unit of local government must use the system to

 

 

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1    file this information.
2        (8) The Secretary of State and any Any county clerk who
3    institutes a system of Internet-based filing of statements
4    of economic interests shall post the contents of such
5    statements filed with him or her available for inspection
6    and copying on a publicly accessible website. Such postings
7    shall not include the addresses or signatures of the
8    filers.
9(Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
 
10    Section 99. Effective date. This Act takes effect July 1,
112015.