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| Public Act 096-1336 | ||||
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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 | ||||
by changing Section 4A-106 and by adding Section 4A-108 as | ||||
follows: | ||||
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
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Sec. 4A-106. The statements of economic interests required | ||||
of persons
listed in items (a) through (f), item (j), item (l), | ||||
and item (n) of
Section 4A-101 shall be
filed with the | ||||
Secretary of State. The statements of economic interests
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required of persons listed in items (g), (h), (i), (k), and (o) | ||||
of
Section
4A-101 shall be filed with the county clerk of the | ||||
county in which the
principal office of the unit of local | ||||
government with which the person is
associated is located. If | ||||
it is not apparent which county the principal office
of a unit | ||||
of local government is located, the chief administrative | ||||
officer, or
his or her designee, has the authority, for | ||||
purposes of this Act, to determine
the county in which the | ||||
principal office is located. On or before February 1
annually, | ||||
(1) the chief administrative officer of any State agency in the
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executive, legislative, or judicial branch employing persons | ||||
required to file
under item (f) or item (l) of Section
4A-101 | ||||
and the chief administrative officer of a board described in | ||
item (n) of Section 4A-101 shall certify to the Secretary of | ||
State the names and mailing addresses
of those persons, and (2) | ||
the chief administrative officer, or his or her
designee, of | ||
each unit of local government with persons described in items | ||
(h),
(i) and (k) and a board described in item (o) of Section | ||
4A-101 shall certify to the appropriate county clerk a
list of | ||
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 | ||
preparing the lists, each chief
administrative officer, or his | ||
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 | ||
notify (1)
all persons whose names have been certified to him | ||
under items (f),
(l), and (n) of
Section 4A-101, and (2) all | ||
persons described in items (a) through (e) and
item (j) of | ||
Section 4A-101, other than candidates for office who have filed
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their statements with their nominating petitions, of the | ||
requirements for
filing statements of economic interests.
A | ||
person required to file with the Secretary of State by virtue | ||
of more than
one item among items (a) through (f) and items | ||
(j), (l), and (n)
shall be notified of and is
required
to file | ||
only one statement of economic interests relating to all items | ||
under
which the person is required to file with the Secretary | ||
of State.
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On or before April 1 annually, the county clerk of each | ||
county shall
notify all persons whose names have been certified | ||
to him under items (g),
(h), (i), (k), and (o) of Section | ||
4A-101, other than candidates
for office who have filed their | ||
statements with their nominating petitions, of
the | ||
requirements for filing statements of economic interests.
A | ||
person required to file with a county clerk by virtue of more | ||
than one item
among items (g), (h), (i), (k), and (o) shall be | ||
notified of and is
required to
file only one statement of | ||
economic interests relating to all items under which
the person | ||
is required to file with that county clerk.
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Except as provided in Section 4A-106.1, the notices | ||
provided for in this
Section shall be in writing and deposited | ||
in
the U.S. Mail, properly addressed, first class postage | ||
prepaid, on or before
the day required by this Section for the | ||
sending of the notice. Alternatively, a county clerk may send | ||
the notices electronically to all persons whose names have been | ||
thus certified to him under item (h), (i), or (k) of Section | ||
4A-101. A certificate
executed by the Secretary of State or | ||
county clerk attesting that he or she has sent mailed
the | ||
notice by the means permitted by this Section constitutes prima | ||
facie evidence thereof.
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From the lists certified to him under this Section of | ||
persons described in
items (g), (h), (i), (k), and (o) of | ||
Section 4A-101, the clerk
of each county shall
compile an | ||
alphabetical listing of persons required to file statements of
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economic interests in his office under any of those items. As | ||
the
statements are filed in his office, the county clerk shall | ||
cause the fact
of that filing to be indicated on the | ||
alphabetical listing of persons who
are required to file | ||
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 | ||
that listing
showing those who have filed statements.
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The county clerk of each county shall note upon the | ||
alphabetical listing
the names of all persons required to file | ||
a statement of economic interests
who failed to file a | ||
statement on or before May 1. It shall be the duty of
the | ||
several county clerks to give notice as provided in Section | ||
4A-105 to
any person who has failed to file his or her | ||
statement with the clerk on or
before May 1.
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Any person who files or has filed a statement of economic | ||
interest
under this Act is entitled to receive from the | ||
Secretary of State or county
clerk, as the case may be, a | ||
receipt indicating that the person has filed
such a statement, | ||
the date of such filing, and the identity of the
governmental | ||
unit or units in relation to which the filing is required.
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The Secretary of State may employ such employees and | ||
consultants
as he considers necessary to carry out his duties | ||
hereunder, and may
prescribe their duties, fix their | ||
compensation, and provide for
reimbursement of their expenses.
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All statements of economic interests filed under this | ||
Section shall be
available for examination and copying by the | ||
public at all reasonable times.
Not later than 12 months after | ||
the effective date of this amendatory Act of
the 93rd General | ||
Assembly, beginning with statements filed in calendar year
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2004, the Secretary of State shall make statements of economic | ||
interests filed
with the Secretary available for inspection and | ||
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) | ||
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-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 by way of the | ||
Internet-based system 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.
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