Full Text of SB3183 96th General Assembly
SB3183enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Governmental Ethics Act is amended | 5 |
| by changing Section 4A-106 and by adding Section 4A-108 as | 6 |
| follows: | 7 |
| (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
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| Sec. 4A-106. The statements of economic interests required | 9 |
| of persons
listed in items (a) through (f), item (j), item (l), | 10 |
| and item (n) of
Section 4A-101 shall be
filed with the | 11 |
| Secretary of State. The statements of economic interests
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| required of persons listed in items (g), (h), (i), (k), and (o) | 13 |
| of
Section
4A-101 shall be filed with the county clerk of the | 14 |
| county in which the
principal office of the unit of local | 15 |
| government with which the person is
associated is located. If | 16 |
| it is not apparent which county the principal office
of a unit | 17 |
| of local government is located, the chief administrative | 18 |
| officer, or
his or her designee, has the authority, for | 19 |
| purposes of this Act, to determine
the county in which the | 20 |
| principal office is located. On or before February 1
annually, | 21 |
| (1) the chief administrative officer of any State agency in the
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| executive, legislative, or judicial branch employing persons | 23 |
| required to file
under item (f) or item (l) of Section
4A-101 |
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| and the chief administrative officer of a board described in | 2 |
| item (n) of Section 4A-101 shall certify to the Secretary of | 3 |
| State the names and mailing addresses
of those persons, and (2) | 4 |
| the chief administrative officer, or his or her
designee, of | 5 |
| each unit of local government with persons described in items | 6 |
| (h),
(i) and (k) and a board described in item (o) of Section | 7 |
| 4A-101 shall certify to the appropriate county clerk a
list of | 8 |
| names and addresses of persons described in items (h), (i),
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| (k), and (o) of
Section 4A-101 that are required to file. In | 10 |
| preparing the lists, each chief
administrative officer, or his | 11 |
| or her designee, shall set out the names in
alphabetical order.
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| On or before April 1 annually, the Secretary of State shall | 13 |
| notify (1)
all persons whose names have been certified to him | 14 |
| under items (f),
(l), and (n) of
Section 4A-101, and (2) all | 15 |
| persons described in items (a) through (e) and
item (j) of | 16 |
| Section 4A-101, other than candidates for office who have filed
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| their statements with their nominating petitions, of the | 18 |
| requirements for
filing statements of economic interests.
A | 19 |
| person required to file with the Secretary of State by virtue | 20 |
| of more than
one item among items (a) through (f) and items | 21 |
| (j), (l), and (n)
shall be notified of and is
required
to file | 22 |
| only one statement of economic interests relating to all items | 23 |
| under
which the person is required to file with the Secretary | 24 |
| of State.
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| On or before April 1 annually, the county clerk of each | 26 |
| county shall
notify all persons whose names have been certified |
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| to him under items (g),
(h), (i), (k), and (o) of Section | 2 |
| 4A-101, other than candidates
for office who have filed their | 3 |
| statements with their nominating petitions, of
the | 4 |
| requirements for filing statements of economic interests.
A | 5 |
| person required to file with a county clerk by virtue of more | 6 |
| than one item
among items (g), (h), (i), (k), and (o) shall be | 7 |
| notified of and is
required to
file only one statement of | 8 |
| economic interests relating to all items under which
the person | 9 |
| is required to file with that county clerk.
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| Except as provided in Section 4A-106.1, the notices | 11 |
| provided for in this
Section shall be in writing and deposited | 12 |
| in
the U.S. Mail, properly addressed, first class postage | 13 |
| prepaid, on or before
the day required by this Section for the | 14 |
| sending of the notice. Alternatively, a county clerk may send | 15 |
| the notices electronically to all persons whose names have been | 16 |
| thus certified to him under item (h), (i), or (k) of Section | 17 |
| 4A-101. A certificate
executed by the Secretary of State or | 18 |
| county clerk attesting that he or she has sent mailed
the | 19 |
| notice by the means permitted by this Section constitutes prima | 20 |
| facie evidence thereof.
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| From the lists certified to him under this Section of | 22 |
| persons described in
items (g), (h), (i), (k), and (o) of | 23 |
| Section 4A-101, the clerk
of each county shall
compile an | 24 |
| alphabetical listing of persons required to file statements of
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| economic interests in his office under any of those items. As | 26 |
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statements are filed in his office, the county clerk shall |
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| cause the fact
of that filing to be indicated on the | 2 |
| alphabetical listing of persons who
are required to file | 3 |
| statements. Within 30 days after the due dates, the county
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| clerk shall mail to the State Board of Elections a true copy of | 5 |
| that listing
showing those who have filed statements.
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| The county clerk of each county shall note upon the | 7 |
| alphabetical listing
the names of all persons required to file | 8 |
| a statement of economic interests
who failed to file a | 9 |
| statement on or before May 1. It shall be the duty of
the | 10 |
| several county clerks to give notice as provided in Section | 11 |
| 4A-105 to
any person who has failed to file his or her | 12 |
| statement with the clerk on or
before May 1.
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| Any person who files or has filed a statement of economic | 14 |
| interest
under this Act is entitled to receive from the | 15 |
| Secretary of State or county
clerk, as the case may be, a | 16 |
| receipt indicating that the person has filed
such a statement, | 17 |
| the date of such filing, and the identity of the
governmental | 18 |
| unit or units in relation to which the filing is required.
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| The Secretary of State may employ such employees and | 20 |
| consultants
as he considers necessary to carry out his duties | 21 |
| hereunder, and may
prescribe their duties, fix their | 22 |
| compensation, and provide for
reimbursement of their expenses.
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| All statements of economic interests filed under this | 24 |
| Section shall be
available for examination and copying by the | 25 |
| public at all reasonable times.
Not later than 12 months after | 26 |
| the effective date of this amendatory Act of
the 93rd General |
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| Assembly, beginning with statements filed in calendar year
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| 2004, the Secretary of State shall make statements of economic | 3 |
| interests filed
with the Secretary available for inspection and | 4 |
| copying via the Secretary's
website.
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| (Source: P.A. 96-6, eff. 4-3-09.)
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| (5 ILCS 420/4A-108 new) | 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 | 24 |
| economic interests shall be the equivalent of the filing of | 25 |
| a verified, written statement of economic interests as |
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| required by Section 4A-101 and the equivalent of the filing | 2 |
| of a verified, dated, and signed statement of economic | 3 |
| interests as required by Section 4A-103. | 4 |
| (2) A county clerk who institutes a system of | 5 |
| Internet-based filing of statements of economic interests | 6 |
| shall establish a password-protected web site to receive | 7 |
| the filings of such statements. A website established under | 8 |
| this Section shall set forth and provide a means of | 9 |
| responding to the items set forth in Section 4A-102 that | 10 |
| are required of a person who files a statement of economic | 11 |
| interests with that officer. | 12 |
| (3) The times for the filing of statements of economic | 13 |
| interests set forth in Section 4A-105 shall be followed in | 14 |
| any system of Internet-based filing of statements of | 15 |
| economic interests; provided that a candidate for elective | 16 |
| office who is required to file a statement of economic | 17 |
| interests in relation to his or her candidacy pursuant to | 18 |
| Section 4A-105(a) shall not use the Internet to file his or | 19 |
| her statement of economic interests but shall file his or | 20 |
| her statement of economic interests in a written or printed | 21 |
| form and shall receive a written or printed receipt for his | 22 |
| or her filing. | 23 |
| (4) Following the institution of a system of | 24 |
| Internet-based filing of statements of economic interests | 25 |
| by a county clerk, all persons required to file a statement | 26 |
| of economic interests with that officer must do so through |
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| the system of Internet-based filing of statements of | 2 |
| economic interests. As part of his or her system of | 3 |
| Internet-based filing of statements of economic interests, | 4 |
| a county clerk instituting such a system shall make | 5 |
| provision for those persons who are required to file a | 6 |
| statement of economic interests and who do not have access | 7 |
| to the Internet. In the first year of the implementation of | 8 |
| a system of Internet-based filing of statements of economic | 9 |
| interests, each person required to file such a statement is | 10 |
| to be notified in writing, by a notice deposited in the | 11 |
| U.S. mail, properly addressed, first class postage | 12 |
| prepaid, of his or her obligation to file his or her | 13 |
| statement of economic interests by way of the | 14 |
| Internet-based system instituted for that purpose. If | 15 |
| access to the web site requires a code or password, this | 16 |
| information shall be included in the notice prescribed by | 17 |
| this paragraph. | 18 |
| (5) When a person required to file a statement of | 19 |
| economic interests has supplied a county clerk with an | 20 |
| email address for the purpose of receiving notices under | 21 |
| this Article by email, a notice sent by email to the | 22 |
| supplied email address shall be the equivalent of a notice | 23 |
| sent by first class mail, as set forth in Section 4A-106. A | 24 |
| person who has supplied such an email address shall notify | 25 |
| the county clerk when his or her email address changes or | 26 |
| if he or she no longer wishes to receive notices by email. |
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| (6) If any person who is required to file a statement | 2 |
| of economic interests and who has chosen to receive notices | 3 |
| by email fails to file his or her statement by May 10, then | 4 |
| the county clerk shall send an additional email notice on | 5 |
| that date, informing the person that he or she has not | 6 |
| filed and describing the penalties for late filing and | 7 |
| failing to file. This notice shall be in addition to other | 8 |
| notices provided for in this Article. | 9 |
| (7) Each county clerk who institutes a system of | 10 |
| Internet-based filing of statements of economic interests | 11 |
| may also institute an Internet-based process for the filing | 12 |
| of the list of names and addresses of persons required to | 13 |
| file statements of economic interests by the chief | 14 |
| administrative officers of units of local government that | 15 |
| must file such information with that county clerk pursuant | 16 |
| to Section 4A-106. Whenever a county clerk institutes such | 17 |
| a system under this paragraph, every unit of local | 18 |
| government must use the system to file this information. | 19 |
| (8) Any county clerk who institutes a system of | 20 |
| Internet-based filing of statements of economic interests | 21 |
| shall post the contents of such statements filed with him | 22 |
| or her available for inspection and copying on a publicly | 23 |
| accessible website. Such postings shall not include the | 24 |
| addresses of the filers.
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