Public Act 097-0212
 
HB1542 EnrolledLRB097 08081 JDS 48204 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, a county clerk is authorized to institute an
Internet-based system for the filing of statements of economic
interests in his or her office. 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.
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 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 4A-103.
        (2) A county clerk who institutes a system of
    Internet-based filing of statements of economic interests
    shall establish a password-protected 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.
        (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) Following the institution of a system of
    Internet-based filing of statements of economic interests
    by a county clerk, all persons required to file a statement
    of economic interests with that officer must do so through
    the system of Internet-based filing of statements of
    economic interests. As part of his or her system of
    Internet-based filing of statements of economic interests,
    a county clerk instituting such a system shall make
    provision for those persons who are required to file a
    statement of economic interests and who do not have access
    to the Internet. 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, by a notice deposited in the
    U.S. mail, properly addressed, first class postage
    prepaid, 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 instituted for that purpose. 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 a county clerk 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 county clerk 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 county clerk 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) 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 that county clerk pursuant
    to Section 4A-106. Whenever a county clerk institutes such
    a system under this paragraph, every unit of local
    government must use the system to file this information.
        (8) 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 of the filers.
(Source: P.A. 96-1336, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2011