Full Text of SB1448 99th General Assembly
SB1448enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by 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 | 9 | | other law, the Secretary of State and county clerks are a | 10 | | county clerk is authorized to institute an Internet-based | 11 | | system for the filing of statements of economic interests in | 12 | | their offices his or her office . With respect to county clerk | 13 | | systems, the The determination to institute such a system shall | 14 | | be in the sole discretion of the county clerk and shall meet | 15 | | the requirements set out in this Section. With respect to a | 16 | | Secretary of State system, the determination to institute such | 17 | | a system shall be in the sole discretion of the Secretary of | 18 | | State and shall meet the requirements set out in this Section | 19 | | and those Sections of the State Officials and Employees Ethics | 20 | | Act requiring ethics officer review prior to filing. The system | 21 | | shall be capable of allowing an ethics officer to approve a | 22 | | statement of economic interests and shall include a means to | 23 | | amend a statement of economic interests. When this Section does |
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| 1 | | not modify or remove the requirements set forth elsewhere in | 2 | | this Article, those requirements shall apply to any system of | 3 | | Internet-based filing authorized by this Section. When this | 4 | | Section does modify or remove the requirements set forth | 5 | | elsewhere in this Article, the provisions of this Section shall | 6 | | apply to any system of Internet-based filing authorized by this | 7 | | Section. | 8 | | (b) In any system of Internet-based filing of statements of | 9 | | economic interests instituted by the Secretary of State or a | 10 | | county clerk: | 11 | | (1) Any filing of an Internet-based statement of | 12 | | economic interests shall be the equivalent of the filing of | 13 | | a verified, written statement of economic interests as | 14 | | required by Section 4A-101 and the equivalent of the filing | 15 | | of a verified, dated, and signed statement of economic | 16 | | interests as required by Section 4A-104. | 17 | | (2) The Secretary of State and county clerks who | 18 | | institute A county clerk who institutes a system of | 19 | | Internet-based filing of statements of economic interests | 20 | | shall establish a password-protected website web site to | 21 | | receive the filings of such statements. A website | 22 | | established under this Section shall set forth and provide | 23 | | a means of responding to the items set forth in Section | 24 | | 4A-102 that are required of a person who files a statement | 25 | | of economic interests with that officer. A website | 26 | | established under this Section shall set forth and provide |
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| 1 | | a means of generating a printable receipt page | 2 | | acknowledging filing. | 3 | | (3) The times for the filing of statements of economic | 4 | | interests set forth in Section 4A-105 shall be followed in | 5 | | any system of Internet-based filing of statements of | 6 | | economic interests; provided that a candidate for elective | 7 | | office who is required to file a statement of economic | 8 | | interests in relation to his or her candidacy pursuant to | 9 | | Section 4A-105(a) shall not use the Internet to file his or | 10 | | her statement of economic interests but shall file his or | 11 | | her statement of economic interests in a written or printed | 12 | | form and shall receive a written or printed receipt for his | 13 | | or her filing. | 14 | | (4) In the first year of the implementation of a system | 15 | | of Internet-based filing of statements of economic | 16 | | interests, each person required to file such a statement is | 17 | | to be notified in writing of his or her obligation to file | 18 | | his or her statement of economic interests and the option | 19 | | to file by way of the Internet-based system or by way of | 20 | | standardized form . If access to the web site requires a | 21 | | code or password, this information shall be included in the | 22 | | notice prescribed by this paragraph. | 23 | | (5) When a person required to file a statement of | 24 | | economic interests has supplied the Secretary of State or a | 25 | | county clerk , as applicable, with an email address for the | 26 | | purpose of receiving notices under this Article by email, a |
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| 1 | | notice sent by email to the supplied email address shall be | 2 | | the equivalent of a notice sent by first class mail, as set | 3 | | forth in Section 4A-106. A person who has supplied such an | 4 | | email address shall notify the Secretary of State or county | 5 | | clerk , as applicable, when his or her email address changes | 6 | | or if he or she no longer wishes to receive notices by | 7 | | email. | 8 | | (6) If any person who is required to file a statement | 9 | | of economic interests and who has chosen to receive notices | 10 | | by email fails to file his or her statement by May 10, then | 11 | | the Secretary of State or county clerk , as applicable, | 12 | | shall send an additional email notice on that date, | 13 | | informing the person that he or she has not filed and | 14 | | describing the penalties for late filing and failing to | 15 | | file. This notice shall be in addition to other notices | 16 | | provided for in this Article. | 17 | | (7) The Secretary of State and each Each county clerk | 18 | | who institutes a system of Internet-based filing of | 19 | | statements of economic interests may also institute an | 20 | | Internet-based process for the filing of the list of names | 21 | | and addresses of persons required to file statements of | 22 | | economic interests by the chief administrative officers of | 23 | | units of local government that must file such information | 24 | | with the Secretary of State or that county clerk , as | 25 | | applicable, pursuant to Section 4A-106. Whenever the | 26 | | Secretary of State or a county clerk institutes such a |
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| 1 | | system under this paragraph, every chief administrative | 2 | | officer unit of local government must use the system to | 3 | | file this information. | 4 | | (8) The Secretary of State and any Any county clerk who | 5 | | institutes a system of Internet-based filing of statements | 6 | | of economic interests shall post the contents of such | 7 | | statements filed with him or her available for inspection | 8 | | and copying on a publicly accessible website. Such postings | 9 | | shall not include the addresses or signatures of the | 10 | | filers.
| 11 | | (Source: P.A. 96-1336, eff. 1-1-11; 97-212, eff. 7-28-11.)
| 12 | | Section 99. Effective date. This Act takes effect July 1, | 13 | | 2015.
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