Public Act 100-1041
 
HB4395 EnrolledLRB100 17252 RJF 32411 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 
authorized to institute an Internet-based system for the filing 
of statements of economic interests in their offices. With 
respect to county clerk systems, 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 system of Internet-based filing of statements 
    of economic interests shall establish a password-protected 
    website 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.
        A candidate filing for Governor, Lieutenant Governor, 
    Attorney General, Secretary of State, Treasurer, 
    Comptroller, State Senate, or State House of 
    Representatives 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. Annually, the duly appointed ethics officer 
    for each legislative caucus shall certify to the Secretary 
    of State whether his or her caucus members will file their 
    statements of economic interests electronically or in a 
    written or printed format for that year. If the ethics 
    officer for a caucus certifies that the statements of 
    economic interests shall be written or printed, then 
    members of the General Assembly of that caucus 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. If no 
    certification is made by an ethics officer for a 
    legislative caucus, or if a member of the General Assembly 
    is not affiliated with a legislative caucus, then the 
    affected member or members of the General Assembly may file 
    their statements of economic interests using the Internet. 
        (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 by way of the 
    Internet-based system. 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 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 that must 
    file such information with the Secretary of State or 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 must use the system to file this information.
        (8) The Secretary of State and 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. 99-108, eff. 7-22-15.)



Effective Date:  1/1/2019