SB1448 EngrossedLRB099 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 be capable of allowing an ethics officer to approve a
22statement of economic interests and shall include a means to
23amend a statement of economic interests. When this Section does

 

 

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1not modify or remove the requirements set forth elsewhere in
2this Article, those requirements shall apply to any system of
3Internet-based filing authorized by this Section. When this
4Section does modify or remove the requirements set forth
5elsewhere in this Article, the provisions of this Section shall
6apply to any system of Internet-based filing authorized by this
7Section.
8    (b) In any system of Internet-based filing of statements of
9economic interests instituted by the Secretary of State or a
10county clerk:
11        (1) Any filing of an Internet-based statement of
12    economic interests shall be the equivalent of the filing of
13    a verified, written statement of economic interests as
14    required by Section 4A-101 and the equivalent of the filing
15    of a verified, dated, and signed statement of economic
16    interests as required by Section 4A-104.
17        (2) The Secretary of State and county clerks who
18    institute A county clerk who institutes a system of
19    Internet-based filing of statements of economic interests
20    shall establish a password-protected website web site to
21    receive the filings of such statements. A website
22    established under this Section shall set forth and provide
23    a means of responding to the items set forth in Section
24    4A-102 that are required of a person who files a statement
25    of economic interests with that officer. A website
26    established under this Section shall set forth and provide

 

 

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

 

 

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

 

 

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1    system under this paragraph, every chief administrative
2    officer unit of local government must use the system to
3    file this information.
4        (8) The Secretary of State and any Any county clerk who
5    institutes a system of Internet-based filing of statements
6    of economic interests shall post the contents of such
7    statements filed with him or her available for inspection
8    and copying on a publicly accessible website. Such postings
9    shall not include the addresses or signatures of the
10    filers.
11(Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
 
12    Section 99. Effective date. This Act takes effect July 1,
132015.