Public Act 097-0212
 
HB1542 EnrolledLRB097 08081 JDS 48204 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Governmental Ethics Act is amended  
by changing Section 4A-108 as follows:
 
    (5 ILCS 420/4A-108)
    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-104 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 and the option to file by 
    way of the Internet-based system or by way of standardized 
    form 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.

(Source: P.A. 96-1336, eff. 1-1-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  7/28/2011