Bill Text: IL SB1448 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Passed) 2015-07-22 - Public Act . . . . . . . . . 99-0108 [SB1448 Detail]
Download: Illinois-2015-SB1448-Chaptered.html
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| Public Act 099-0108 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Governmental Ethics Act is amended | ||||
by changing Section 4A-108 as follows:
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(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 a | ||||
county clerk is authorized to institute an Internet-based | ||||
system for the filing of statements of economic interests in | ||||
their offices his or her office. With respect to county clerk | ||||
systems, the 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 county clerk who institutes a system of | ||
Internet-based filing of statements of economic interests | ||
shall establish a password-protected website web site 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. | ||
(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 and the option | ||
to file by way of the Internet-based system or by way of | ||
standardized form. 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 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 of | ||
units of local government that must file such information | ||
with the Secretary of State or that 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 unit of local government must use the system to | ||
file this information. | ||
(8) The Secretary of State and any 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.
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(Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2015.
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