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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1542 Introduced 2/15/2011, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Governmental Ethics Act. In provisions governing the Internet-based filing of statements of economic interests with county clerks, corrects a reference to an erroneous Section number. Replaces a provision that mandated the Internet-based filing of statements of economic interest with a provision that authorizes the filing of those statements by Internet or by standardized form. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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, a county clerk is authorized to institute an |
10 | | Internet-based system for the filing of statements of economic |
11 | | interests in his or her office. The determination to institute |
12 | | such a system shall be in the sole discretion of the county |
13 | | clerk and shall meet the requirements set out in this Section. |
14 | | When this Section does not modify or remove the requirements |
15 | | set forth elsewhere in this Article, those requirements shall |
16 | | apply to any system of Internet-based filing authorized by this |
17 | | Section. When this Section does modify or remove the |
18 | | requirements set forth elsewhere in this Article, the |
19 | | provisions of this Section shall apply to any system of |
20 | | Internet-based filing authorized by this Section. |
21 | | (b) In any system of Internet-based filing of statements of |
22 | | economic interests instituted by a county clerk: |
23 | | (1) Any filing of an Internet-based statement of |
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1 | | economic interests shall be the equivalent of the filing of |
2 | | a verified, written statement of economic interests as |
3 | | required by Section 4A-101 and the equivalent of the filing |
4 | | of a verified, dated, and signed statement of economic |
5 | | interests as required by Section 4A-104 4A-103 . |
6 | | (2) A county clerk who institutes a system of |
7 | | Internet-based filing of statements of economic interests |
8 | | shall establish a password-protected web site to receive |
9 | | the filings of such statements. A website established under |
10 | | this Section shall set forth and provide a means of |
11 | | responding to the items set forth in Section 4A-102 that |
12 | | are required of a person who files a statement of economic |
13 | | interests with that officer. |
14 | | (3) The times for the filing of statements of economic |
15 | | interests set forth in Section 4A-105 shall be followed in |
16 | | any system of Internet-based filing of statements of |
17 | | economic interests; provided that a candidate for elective |
18 | | office who is required to file a statement of economic |
19 | | interests in relation to his or her candidacy pursuant to |
20 | | Section 4A-105(a) shall not use the Internet to file his or |
21 | | her statement of economic interests but shall file his or |
22 | | her statement of economic interests in a written or printed |
23 | | form and shall receive a written or printed receipt for his |
24 | | or her filing. |
25 | | (4) Following the institution of a system of |
26 | | Internet-based filing of statements of economic interests |
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1 | | by a county clerk, all persons required to file a statement |
2 | | of economic interests with that officer must do so through |
3 | | the system of Internet-based filing of statements of |
4 | | economic interests. As part of his or her system of |
5 | | Internet-based filing of statements of economic interests, |
6 | | a county clerk instituting such a system shall make |
7 | | provision for those persons who are required to file a |
8 | | statement of economic interests and who do not have access |
9 | | to the Internet. In the first year of the implementation of |
10 | | a system of Internet-based filing of statements of economic |
11 | | interests, each person required to file such a statement is |
12 | | to be notified in writing , by a notice deposited in the |
13 | | U.S. mail, properly addressed, first class postage |
14 | | prepaid, of his or her obligation to file his or her |
15 | | statement of economic interests and the option to file by |
16 | | way of the Internet-based system or by way of standardized |
17 | | form instituted for that purpose . If access to the web site |
18 | | requires a code or password, this information shall be |
19 | | included in the notice prescribed by this paragraph. |
20 | | (5) When a person required to file a statement of |
21 | | economic interests has supplied a county clerk with an |
22 | | email address for the purpose of receiving notices under |
23 | | this Article by email, a notice sent by email to the |
24 | | supplied email address shall be the equivalent of a notice |
25 | | sent by first class mail, as set forth in Section 4A-106. A |
26 | | person who has supplied such an email address shall notify |
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1 | | the county clerk when his or her email address changes or |
2 | | if he or she no longer wishes to receive notices by 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 county clerk shall send an additional email notice on |
7 | | that date, informing the person that he or she has not |
8 | | filed and describing the penalties for late filing and |
9 | | failing to file. This notice shall be in addition to other |
10 | | notices provided for in this Article. |
11 | | (7) Each county clerk who institutes a system of |
12 | | Internet-based filing of statements of economic interests |
13 | | may also institute an Internet-based process for the filing |
14 | | of the list of names and addresses of persons required to |
15 | | file statements of economic interests by the chief |
16 | | administrative officers of units of local government that |
17 | | must file such information with that county clerk pursuant |
18 | | to Section 4A-106. Whenever a county clerk institutes such |
19 | | a system under this paragraph, every unit of local |
20 | | government must use the system to file this information. |
21 | | (8) Any county clerk who institutes a system of |
22 | | Internet-based filing of statements of economic interests |
23 | | shall post the contents of such statements filed with him |
24 | | or her available for inspection and copying on a publicly |
25 | | accessible website. Such postings shall not include the |
26 | | addresses of the filers.
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