HB4395 EnrolledLRB100 17252 RJF 32411 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 
10authorized to institute an Internet-based system for the filing 
11of statements of economic interests in their offices. With 
12respect to county clerk systems, the determination to institute 
13such a system shall be in the sole discretion of the county 
14clerk and shall meet the requirements set out in this Section. 
15With respect to a Secretary of State system, the determination 
16to institute such a system shall be in the sole discretion of 
17the Secretary of State and shall meet the requirements set out 
18in this Section and those Sections of the State Officials and 
19Employees Ethics Act requiring ethics officer review prior to 
20filing. The system shall be capable of allowing an ethics 
21officer to approve a statement of economic interests and shall 
22include a means to amend a statement of economic interests. 
23When this Section does not modify or remove the requirements 
 
 
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1set forth elsewhere in this Article, those requirements shall 
2apply to any system of Internet-based filing authorized by this 
3Section. When this Section does modify or remove the 
4requirements set forth elsewhere in this Article, the 
5provisions of this Section shall apply to any system of 
6Internet-based filing authorized by this Section.
7    (b) In any system of Internet-based filing of statements of 
8economic interests instituted by the Secretary of State or a 
9county clerk:
10        (1) Any filing of an Internet-based statement of 
11    economic interests shall be the equivalent of the filing of 
12    a verified, written statement of economic interests as 
13    required by Section 4A-101 and the equivalent of the filing 
14    of a verified, dated, and signed statement of economic 
15    interests as required by Section 4A-104.
16        (2) The Secretary of State and county clerks who 
17    institute a system of Internet-based filing of statements 
18    of economic interests shall establish a password-protected 
19    website to receive the filings of such statements. A 
20    website established under this Section shall set forth and 
21    provide a means of responding to the items set forth in 
22    Section 4A-102 that are required of a person who files a 
23    statement of economic interests with that officer. A 
24    website established under this Section shall set forth and 
25    provide 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        A candidate filing for Governor, Lieutenant Governor, 
13    Attorney General, Secretary of State, Treasurer, 
14    Comptroller, State Senate, or State House of 
15    Representatives shall not use the Internet to file his or 
16    her statement of economic interests, but shall file his or 
17    her statement of economic interests in a written or printed 
18    form and shall receive a written or printed receipt for his 
19    or her filing. Annually, the duly appointed ethics officer 
20    for each legislative caucus shall certify to the Secretary 
21    of State whether his or her caucus members will file their 
22    statements of economic interests electronically or in a 
23    written or printed format for that year. If the ethics 
24    officer for a caucus certifies that the statements of 
25    economic interests shall be written or printed, then 
26    members of the General Assembly of that caucus shall not 
 
 
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1    use the Internet to file his or her statement of economic 
2    interests, but shall file his or her statement of economic 
3    interests in a written or printed form and shall receive a 
4    written or printed receipt for his or her filing. If no 
5    certification is made by an ethics officer for a 
6    legislative caucus, or if a member of the General Assembly 
7    is not affiliated with a legislative caucus, then the 
8    affected member or members of the General Assembly may file 
9    their statements of economic interests using the Internet. 
10        (4) In the first year of the implementation of a system 
11    of Internet-based filing of statements of economic 
12    interests, each person required to file such a statement is 
13    to be notified in writing of his or her obligation to file 
14    his or her statement of economic interests by way of the 
15    Internet-based system. If access to the web site requires a 
16    code or password, this information shall be included in the 
17    notice prescribed by this paragraph.
18        (5) When a person required to file a statement of 
19    economic interests has supplied the Secretary of State or a 
20    county clerk, as applicable, with an email address for the 
21    purpose of receiving notices under this Article by email, a 
22    notice sent by email to the supplied email address shall be 
23    the equivalent of a notice sent by first class mail, as set 
24    forth in Section 4A-106. A person who has supplied such an 
25    email address shall notify the Secretary of State or county 
26    clerk, as applicable, when his or her email address changes 
 
 
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1    or if he or she no longer wishes to receive notices by 
2    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 Secretary of State or county clerk, as applicable, 
7    shall send an additional email notice on that date, 
8    informing the person that he or she has not filed and 
9    describing the penalties for late filing and failing to 
10    file. This notice shall be in addition to other notices 
11    provided for in this Article.
12        (7) The Secretary of State and each county clerk who 
13    institutes a system of Internet-based filing of statements 
14    of economic interests may also institute an Internet-based 
15    process for the filing of the list of names and addresses 
16    of persons required to file statements of economic 
17    interests by the chief administrative officers that must 
18    file such information with the Secretary of State or county 
19    clerk, as applicable, pursuant to Section 4A-106. Whenever 
20    the Secretary of State or a county clerk institutes such a 
21    system under this paragraph, every chief administrative 
22    officer must use the system to file this information.
23        (8) The Secretary of State and any county clerk who 
24    institutes a system of Internet-based filing of statements 
25    of economic interests shall post the contents of such 
26    statements filed with him or her available for inspection 
 
 
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1    and copying on a publicly accessible website. Such postings 
2    shall not include the addresses or signatures of the 
3    filers.

4(Source: P.A. 99-108, eff. 7-22-15.)