100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4395

 

Introduced , by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-108

    Amends the Illinois Governmental Ethics Act. Removes the prohibition on a candidate for elective office who is required to file a statement of economic interests in relation to his or her candidacy from using the Internet to file his or her statement of economic interests.


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A BILL FOR

 

HB4395LRB100 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        (4) In the first year of the implementation of a system
13    of Internet-based filing of statements of economic
14    interests, each person required to file such a statement is
15    to be notified in writing of his or her obligation to file
16    his or her statement of economic interests by way of the
17    Internet-based system. If access to the web site requires a
18    code or password, this information shall be included in the
19    notice prescribed by this paragraph.
20        (5) When a person required to file a statement of
21    economic interests has supplied the Secretary of State or a
22    county clerk, as applicable, with an email address for the
23    purpose of receiving notices under this Article by email, a
24    notice sent by email to the supplied email address shall be
25    the equivalent of a notice sent by first class mail, as set
26    forth in Section 4A-106. A person who has supplied such an

 

 

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

 

 

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1    of economic interests shall post the contents of such
2    statements filed with him or her available for inspection
3    and copying on a publicly accessible website. Such postings
4    shall not include the addresses or signatures of the
5    filers.
6(Source: P.A. 99-108, eff. 7-22-15.)